1.1 A bill for an act
1.2 relating to education; providing for family and early
1.3 childhood education; providing for disclosure of data;
1.4 changing requirements for child care assistance and
1.5 child care programs; making changes to adult basic
1.6 education programs; modifying child care licensing and
1.7 inservice training requirements; changing eligibility
1.8 for individual development accounts; creating task
1.9 forces; authorizing commissioner of children,
1.10 families, and learning to make certain grants;
1.11 providing for kindergarten through grade 12 general
1.12 education, special programs, employment and
1.13 transitions, facilities and technology, educational
1.14 excellence and other policy, nutrition and other
1.15 programs, fund transfers, libraries, and technical,
1.16 conforming, and clarifying amendments; providing for
1.17 higher education; requiring a study and report;
1.18 providing relief to campuses experiencing increased
1.19 health care costs; appropriating money to Minnesota
1.20 state colleges and universities to fund increased
1.21 enrollment; appropriating money; amending Minnesota
1.22 Statutes 1998, sections 119B.03, by adding a
1.23 subdivision; 120A.22, subdivision 3; 120B.13,
1.24 subdivision 4; 121A.61, subdivision 3; 122A.31,
1.25 subdivision 4; 122A.68, subdivision 4; 123A.485,
1.26 subdivision 4; 123B.02, by adding a subdivision;
1.27 123B.04, subdivision 2; 123B.143, subdivision 1;
1.28 123B.51, subdivision 6; 123B.52, by adding a
1.29 subdivision; 123B.57, subdivision 1; 123B.71,
1.30 subdivision 10; 123B.72, subdivision 3; 123B.75,
1.31 subdivision 5; 123B.77, subdivision 3; 123B.79,
1.32 subdivision 7; 123B.85, subdivision 1; 123B.88,
1.33 subdivision 3; 123B.90, subdivision 1; 124D.03,
1.34 subdivision 1; 124D.081, subdivision 6; 124D.10,
1.35 subdivision 9; 124D.111, subdivision 1; 124D.16,
1.36 subdivision 1; 124D.44; 124D.454, subdivisions 2, 4,
1.37 6, 7, and 10; 124D.52, subdivisions 1, 2, 3, and by
1.38 adding subdivisions; 124D.86, subdivision 6, and by
1.39 adding subdivisions; 124D.88, by adding a subdivision;
1.40 124D.892, subdivision 3; 125A.76, subdivision 7;
1.41 126C.12, subdivision 2; 126C.16, subdivision 3;
1.42 126C.40, subdivision 1; 126C.69, subdivision 15;
1.43 127A.05, subdivision 4; 127A.41, subdivisions 8 and 9;
1.44 128D.11, subdivision 3; 136A.125, by adding a
1.45 subdivision; 169.447, by adding a subdivision;
1.46 169.448, subdivision 3; 171.06, subdivision 2;
2.1 171.321, subdivisions 2, 3, 4, and 5; 245A.14,
2.2 subdivision 4, and by adding subdivisions; and 471.15;
2.3 Minnesota Statutes 1999 Supplement, sections 13.32,
2.4 subdivision 3; 119B.011, subdivisions 12, 15, as
2.5 amended, and 20; 119B.03, subdivision 4; 119B.05,
2.6 subdivision 1; 120B.30, subdivision 1; 122A.23;
2.7 122A.31, subdivision 1; 122A.61, subdivision 1;
2.8 123B.54; 123B.83, subdivision 4; 123B.90, subdivision
2.9 2; 123B.91, subdivision 1; 124D.10, subdivisions 3, 8,
2.10 11, 15, and 23; 124D.11, subdivisions 1 and 6;
2.11 124D.1155, subdivision 2; 124D.128, subdivision 2;
2.12 124D.221, subdivision 2; 124D.453, subdivision 3;
2.13 124D.53, subdivision 3; 124D.65, subdivision 4;
2.14 124D.68, subdivision 9; 124D.84, subdivision 1;
2.15 124D.86, subdivisions 1 and 3; 124D.87; 124D.88,
2.16 subdivision 3; 125A.023, subdivisions 3 and 5;
2.17 125A.027, subdivision 3; 125A.08; 125A.15; 125A.51;
2.18 125A.76, subdivisions 1 and 2; 125A.79, subdivisions
2.19 2, 5, and 8; 125A.80; 125B.21, subdivision 3; 126C.05,
2.20 subdivisions 5 and 6; 126C.052; 126C.10, subdivisions
2.21 2, 13, 14, 23, 24, 25, and 26; 126C.12, subdivision 1;
2.22 126C.17, subdivision 9; 126C.40, subdivision 6;
2.23 126C.44, as amended; 127A.05, subdivision 6; 127A.42,
2.24 subdivision 3; 127A.45, subdivision 12a; 127A.51;
2.25 169.974, subdivision 2; 171.05, subdivision 2;
2.26 181A.04, subdivision 6; and 260C.143, subdivision 4;
2.27 Laws 1992, chapter 499, article 7, sections 31, as
2.28 amended; and 32; Laws 1997, chapter 157, section 71,
2.29 as amended; Laws 1997, First Special Session chapter
2.30 4, article 8, section 4, as amended; Laws 1998, First
2.31 Special Session chapter 1, article 1, sections 10,
2.32 subdivision 1, as amended; and 11, subdivisions 1 and
2.33 2, as amended; Laws 1999, chapter 205, article 1,
2.34 sections 65 and 71, subdivisions 3, 7, and 9; article
2.35 2, section 4, subdivisions 2 and 3; article 4, section
2.36 12, subdivisions 5, 6, and 7; chapter 214, article 1,
2.37 section 4, subdivision 2; 216, article 4, section 12;
2.38 chapter 241, article 1, sections 68, subdivisions 2,
2.39 4, and 5; 69; and 70; article 2, section 60,
2.40 subdivisions 7, 9, 12, 13, 14, 17, and 19; article 3,
2.41 sections 3, subdivisions 3 and 4; and 5; article 4,
2.42 sections 27, subdivisions 2, 3, 4, 5, 10, and 11; and
2.43 29; article 5, section 18, subdivisions 5 and 6;
2.44 article 6, section 14, subdivisions 2, 3, 4, and 5;
2.45 article 7, section 2, subdivisions 2 and 5; article 8,
2.46 section 4, subdivisions 4 and 5; article 9, section
2.47 49; and article 10, section 6; proposing coding for
2.48 new law in Minnesota Statutes, chapters 121A; 123B;
2.49 124D; 125B; and 134; repealing Minnesota Statutes
2.50 1998, section 124D.53; Minnesota Statutes 1999
2.51 Supplement, sections 124D.1155, subdivision 5; Laws
2.52 1998, First Special Session chapter 1, article 1,
2.53 section 10, subdivision 2, as amended; Laws 1999,
2.54 chapter 241, article 9, sections 35 and 36; article
2.55 10, section 5; chapter 245, article 4, section 3;
2.56 Minnesota Rules, parts 3535.9920; 4830.9005;
2.57 4830.9010; 4830.9015; 4830.9020; and 4830.9030.
2.58 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.59 ARTICLE 1
2.60 FAMILY AND EARLY CHILDHOOD EDUCATION
2.61 Section 1. Minnesota Statutes 1999 Supplement, section
2.62 13.32, subdivision 3, is amended to read:
2.63 Subd. 3. [PRIVATE DATA; WHEN DISCLOSURE IS PERMITTED.]
2.64 Except as provided in subdivision 5, educational data is private
3.1 data on individuals and shall not be disclosed except as follows:
3.2 (a) Pursuant to section 13.05;
3.3 (b) Pursuant to a valid court order;
3.4 (c) Pursuant to a statute specifically authorizing access
3.5 to the private data;
3.6 (d) To disclose information in health and safety
3.7 emergencies pursuant to the provisions of United States Code,
3.8 title 20, section 1232g(b)(1)(I) and Code of Federal
3.9 Regulations, title 34, section 99.36;
3.10 (e) Pursuant to the provisions of United States Code, title
3.11 20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B),
3.12 (b)(3) and Code of Federal Regulations, title 34, sections
3.13 99.31, 99.32, 99.33, 99.34, and 99.35;
3.14 (f) To appropriate health authorities to the extent
3.15 necessary to administer immunization programs and for bona fide
3.16 epidemiologic investigations which the commissioner of health
3.17 determines are necessary to prevent disease or disability to
3.18 individuals in the public educational agency or institution in
3.19 which the investigation is being conducted;
3.20 (g) When disclosure is required for institutions that
3.21 participate in a program under title IV of the Higher Education
3.22 Act, United States Code, title 20, chapter 1092;
3.23 (h) To the appropriate school district officials to the
3.24 extent necessary under subdivision 6, annually to indicate the
3.25 extent and content of remedial instruction, including the
3.26 results of assessment testing and academic performance at a
3.27 post-secondary institution during the previous academic year by
3.28 a student who graduated from a Minnesota school district within
3.29 two years before receiving the remedial instruction;
3.30 (i) To appropriate authorities as provided in United States
3.31 Code, title 20, section 1232g(b)(1)(E)(ii), if the data concern
3.32 the juvenile justice system and the ability of the system to
3.33 effectively serve, prior to adjudication, the student whose
3.34 records are released; provided that the authorities to whom the
3.35 data are released submit a written request for the data that
3.36 certifies that the data will not be disclosed to any other
4.1 person except as authorized by law without the written consent
4.2 of the parent of the student and the request and a record of the
4.3 release are maintained in the student's file;
4.4 (j) To volunteers who are determined to have a legitimate
4.5 educational interest in the data and who are conducting
4.6 activities and events sponsored by or endorsed by the
4.7 educational agency or institution for students or former
4.8 students;
4.9 (k) To provide student recruiting information, from
4.10 educational data held by colleges and universities, as required
4.11 by and subject to Code of Federal Regulations, title 32, section
4.12 216; or
4.13 (l) To the juvenile justice system if information about the
4.14 behavior of a student who poses a risk of harm is reasonably
4.15 necessary to protect the health or safety of the student or
4.16 other individuals; or
4.17 (m) With respect to social security numbers of students in
4.18 the adult basic education system, to Minnesota state colleges
4.19 and universities and the department of economic security for the
4.20 purpose and in the manner described in section 124D.52,
4.21 subdivision 7.
4.22 Sec. 2. Minnesota Statutes 1999 Supplement, section
4.23 119B.011, subdivision 12, is amended to read:
4.24 Subd. 12. [EMPLOYMENT PLAN.] "Employment plan" means
4.25 employment of recipients financially eligible for child care
4.26 assistance, or other work activities defined under section
4.27 256J.49, approved in an employability development, job search
4.28 support plan, or employment plan that is developed by the county
4.29 agency, if it is acting as an employment and training service
4.30 provider, or by an employment and training service provider
4.31 certified by the commissioner of economic security or an
4.32 individual designated by the county to provide employment and
4.33 training services. The plans and designation of a service
4.34 provider must meet the requirements of this chapter and chapter
4.35 256J or chapter 256K, Minnesota Rules, parts 3400.0010 to
4.36 3400.0230, and other programs that provide federal reimbursement
5.1 for child care services.
5.2 Sec. 3. Minnesota Statutes 1999 Supplement, section
5.3 119B.011, subdivision 15, as amended by Laws 2000, chapter 260,
5.4 section 19, is amended to read:
5.5 Subd. 15. [INCOME.] "Income" means earned or unearned
5.6 income received by all family members, including public
5.7 assistance cash benefits and at-home infant care subsidy
5.8 payments, unless specifically excluded. The following are
5.9 excluded from income: funds used to pay for health insurance
5.10 premiums for family members, Supplemental Security Income,
5.11 scholarships, work-study income, and grants that cover costs or
5.12 reimbursement for tuition, fees, books, and educational
5.13 supplies; student loans for tuition, fees, books, supplies, and
5.14 living expenses; state and federal earned income tax credits;
5.15 in-kind income such as food stamps, energy assistance, foster
5.16 care assistance, medical assistance, child care assistance, and
5.17 housing subsidies; earned income of full full-time or part-time
5.18 students up to the age of 19, who have not earned a high school
5.19 diploma or GED high school equivalency diploma including
5.20 earnings from summer employment; grant awards under the family
5.21 subsidy program; nonrecurring lump sum income only to the extent
5.22 that it is earmarked and used for the purpose for which it is
5.23 paid; and any income assigned to the public authority according
5.24 to section 256.741.
5.25 Sec. 4. Minnesota Statutes 1999 Supplement, section
5.26 119B.011, subdivision 20, is amended to read:
5.27 Subd. 20. [TRANSITION YEAR FAMILIES.] "Transition year
5.28 families" means families who have received MFIP assistance, or
5.29 who were eligible to receive MFIP assistance after choosing to
5.30 discontinue receipt of the cash portion of MFIP assistance under
5.31 section 256J.31, subdivision 12, for at least three of the last
5.32 six months before losing eligibility for MFIP due to increased
5.33 income from employment or child or spousal support or families
5.34 participating in work first under chapter 256K who meet the
5.35 requirements of section 256K.07. Transition year child care may
5.36 be used to support employment or job search. Transition year
6.1 child care is not available to families who have been
6.2 disqualified from MFIP due to fraud.
6.3 Sec. 5. Minnesota Statutes 1999 Supplement, section
6.4 119B.03, subdivision 4, is amended to read:
6.5 Subd. 4. [FUNDING PRIORITY.] (a) First priority for child
6.6 care assistance under the basic sliding fee program must be
6.7 given to eligible non-MFIP families who do not have a high
6.8 school or general equivalency diploma or who need remedial and
6.9 basic skill courses in order to pursue employment or to pursue
6.10 education leading to employment and who need child care
6.11 assistance to participate in the education program. Within this
6.12 priority, the following subpriorities must be used:
6.13 (1) child care needs of minor parents;
6.14 (2) child care needs of parents under 21 years of age; and
6.15 (3) child care needs of other parents within the priority
6.16 group described in this paragraph.
6.17 (b) Second priority must be given to parents who have
6.18 completed their MFIP or work first transition year.
6.19 (c) Third priority must be given to families who are
6.20 eligible for portable basic sliding fee assistance through the
6.21 portability pool under subdivision 9.
6.22 Sec. 6. Minnesota Statutes 1998, section 119B.03, is
6.23 amended by adding a subdivision to read:
6.24 Subd. 6a. [ALLOCATION DUE TO INCREASED FUNDING.] When
6.25 funding increases are implemented within a calendar year, every
6.26 county must receive an allocation at least equal and
6.27 proportionate to its original allocation for the same time
6.28 period. The remainder of the allocation must be recalculated to
6.29 reflect the funding increase, according to formulas identified
6.30 in subdivision 6.
6.31 Sec. 7. Minnesota Statutes 1999 Supplement, section
6.32 119B.05, subdivision 1, is amended to read:
6.33 Subdivision 1. [ELIGIBLE PARTICIPANTS.] Families eligible
6.34 for child care assistance under the MFIP child care program are:
6.35 (1) MFIP participants who are employed or in job search and
6.36 meet the requirements of section 119B.10;
7.1 (2) persons who are members of transition year families
7.2 under section 119B.011, subdivision 20;
7.3 (3) families who are participating in employment
7.4 orientation or job search, or other employment or training
7.5 activities that are included in an approved employability
7.6 development plan under chapter 256K;
7.7 (4) MFIP families who are participating in work job search,
7.8 job support, employment, or training activities as required in
7.9 their job search support or employment plan, or in appeals,
7.10 hearings, assessments, or orientations according to chapter
7.11 256J. Child care assistance to support work activities as
7.12 described in section 256J.49 must be available according to
7.13 sections 119B.011, subdivision 11, 124D.13, 256E.08, and 611A.32
7.14 and titles IVA, IVB, IVE, and XX of the Social Security Act; and
7.15 (5) MFIP families who are participating in social services
7.16 activities under chapter 256J or 256K as required in their
7.17 employment plan approved according to chapter 256J or 256K; and
7.18 (6) families who are participating in programs as required
7.19 in tribal contracts under section 119B.02, subdivision 2, or
7.20 256.01, subdivision 2.
7.21 Sec. 8. Minnesota Statutes 1998, section 124D.16,
7.22 subdivision 1, is amended to read:
7.23 Subdivision 1. [PROGRAM REVIEW AND APPROVAL.] By February
7.24 15, 1992, for the 1991-1992 school year or by May 1 preceding
7.25 subsequent school years, a district must submit to the
7.26 commissioners of children, families, and learning, and health A
7.27 school district shall biennially by May 1 submit to the
7.28 commissioners of children, families, and learning and health the
7.29 program plan required under this subdivision. As determined by
7.30 the commissioners, one-half of the districts shall first submit
7.31 the plan by May 1 of the 2000-2001 school year and one-half of
7.32 the districts shall first submit the plan by May 1 of the
7.33 2001-2002 school year. The program plan must include:
7.34 (1) a description of the services to be provided;
7.35 (2) a plan to ensure children at greatest risk receive
7.36 appropriate services;
8.1 (3) a description of procedures and methods to be used to
8.2 coordinate public and private resources to maximize use of
8.3 existing community resources, including school districts, health
8.4 care facilities, government agencies, neighborhood
8.5 organizations, and other resources knowledgeable in early
8.6 childhood development;
8.7 (4) comments about the district's proposed program by the
8.8 advisory council required by section 124D.15, subdivision 7; and
8.9 (5) agreements with all participating service providers.
8.10 Each commissioner may review and comment on the program,
8.11 and make recommendations to the commissioner of children,
8.12 families, and learning, within 30 days of receiving the plan.
8.13 Sec. 9. Minnesota Statutes 1999 Supplement, section
8.14 124D.221, subdivision 2, is amended to read:
8.15 Subd. 2. [PRIORITY NEIGHBORHOODS.] For grants in
8.16 Minneapolis and St. Paul, the commissioner must give priority to
8.17 neighborhoods in this subdivision. In Minneapolis, priority
8.18 neighborhoods are Near North, Hawthorne, Sumner-Glenwood,
8.19 Harrison, Jordan, Powderhorn, Central, Whittier, Cleveland,
8.20 McKinley, Waite Park, Sheridan, Holland, Lyndale, Folwell, and
8.21 Phillips. In St. Paul, priority neighborhoods are
8.22 Summit-University, Thomas-Dale, North End, Payne-Phalen, Daytons
8.23 Bluff, and the West Side.
8.24 Sec. 10. [124D.515] [ADULT BASIC EDUCATION AID
8.25 DEFINITIONS.]
8.26 Subdivision 1. [APPLICABILITY.] The definitions in this
8.27 section apply to sections 124D.52 to 124D.531.
8.28 Subd. 2. [ADULT BASIC EDUCATION CONSORTIUM.] "Adult basic
8.29 education consortium" means a voluntary association of school
8.30 districts, public agencies, or nonprofit organizations that work
8.31 together to provide coordinated adult basic education services
8.32 in a designated geographic area, and that act as a fiscal entity
8.33 providing adult basic education services.
8.34 Subd. 3. [CONTACT HOURS.] (a) "Contact hours" means the
8.35 number of hours during which a student was engaged in learning
8.36 activities provided by an approved adult education program.
9.1 Contact hours excludes homework, but includes interactive
9.2 distance learning. The commissioner may only reallocate contact
9.3 hours among programs to adjust for changes in program membership
9.4 between the first prior program year and the current program
9.5 year based on the actual contact hours reported for the first
9.6 prior program year.
9.7 (b) For revenue beginning in fiscal year 2002, contact
9.8 hours for a provider of adult basic education services funded in
9.9 fiscal year 2000, but not eligible for basic population aid in
9.10 fiscal year 2001, is computed by multiplying the provider's
9.11 contact hours by 1.03.
9.12 (c) For aid in fiscal year 2001, contact hours in fiscal
9.13 year 2000 equals the number of full-time equivalent learners
9.14 times the contact hours. A level one full-time equivalent
9.15 learner is equal to 240 contact hours and a level two full-time
9.16 learner is equal to 408 contact hours.
9.17 Subd. 4. [FIRST PRIOR PROGRAM YEAR.] "First prior program
9.18 year" means the period from May 1 of the second prior fiscal
9.19 year through April 30 of the first prior fiscal year.
9.20 Subd. 5. [UNREIMBURSED EXPENSES.] "Unreimbursed expenses"
9.21 means allowable adult basic education expenses of a program that
9.22 are not covered by payments from federal or private for-profit
9.23 sources.
9.24 Sec. 11. Minnesota Statutes 1998, section 124D.52,
9.25 subdivision 1, is amended to read:
9.26 Subdivision 1. [PROGRAM REQUIREMENTS.] An adult basic
9.27 education program is a day or evening program offered by a
9.28 district that is for people over 16 years of age who do not
9.29 attend an elementary or secondary school. The program offers
9.30 academic instruction necessary to earn a high school diploma or
9.31 equivalency certificate. Tuition and fees may not be charged to
9.32 a learner for instruction paid under this section, except for a
9.33 security deposit to assure return of materials, supplies, and
9.34 equipment.
9.35 Each approved adult basic education program must develop a
9.36 memorandum of understanding with the local workforce development
10.1 centers located in the approved program's service delivery
10.2 area. The memorandum of understanding must describe how the
10.3 adult basic education program and the workforce development
10.4 centers will cooperate and coordinate services to provide
10.5 unduplicated, efficient, and effective services to clients.
10.6 Adult basic education aid must be spent for adult basic
10.7 education purposes as specified in sections 124D.515 to 124D.531.
10.8 Sec. 12. Minnesota Statutes 1998, section 124D.52,
10.9 subdivision 2, is amended to read:
10.10 Subd. 2. [PROGRAM APPROVAL.] (a) To receive aid under this
10.11 section, a district, a consortium of districts, or a private
10.12 nonprofit organization must submit an application by June 1
10.13 describing the program, on a form provided by the department.
10.14 The program must be approved by the commissioner according to
10.15 the following criteria:
10.16 (1) how the needs of different levels of learning will be
10.17 met;
10.18 (2) for continuing programs, an evaluation of results;
10.19 (3) anticipated number and education level of participants;
10.20 (4) coordination with other resources and services;
10.21 (5) participation in a consortium, if any, and money
10.22 available from other participants;
10.23 (6) management and program design;
10.24 (7) volunteer training and use of volunteers;
10.25 (8) staff development services;
10.26 (9) program sites and schedules; and
10.27 (10) program expenditures that qualify for aid;
10.28 (11) program ability to provide data related to learner
10.29 outcomes as required by law; and
10.30 (12) a copy of the memorandum of understanding described in
10.31 subdivision 1 submitted to the commissioner.
10.32 (b) The commissioner may grant adult basic education funds
10.33 to a private, nonprofit organization to provide services that
10.34 are not offered by a district or that are supplemental to a
10.35 district's program. The program provided under this provision
10.36 must be approved and funded according to the same criteria used
11.1 for district programs.
11.2 (c) Adult basic education programs may be approved under
11.3 this subdivision for up to five years. Five-year program
11.4 approval must be granted to an applicant who has demonstrated
11.5 the capacity to:
11.6 (1) offer comprehensive learning opportunities and support
11.7 service choices appropriate for and accessible to adults at all
11.8 basic skill need levels;
11.9 (2) provide a participatory and experiential learning
11.10 approach based on the strengths, interests, and needs of each
11.11 adult, that enables adults with basic skill needs to:
11.12 (i) identify, plan for, and evaluate their own progress
11.13 toward achieving their defined educational and occupational
11.14 goals;
11.15 (ii) master the basic academic reading, writing, and
11.16 computational skills, as well as the problem-solving, decision
11.17 making, interpersonal effectiveness, and other life and learning
11.18 skills they need to function effectively in a changing society;
11.19 (iii) locate and be able to use the health, governmental,
11.20 and social services and resources they need to improve their own
11.21 and their families' lives; and
11.22 (iv) continue their education, if they desire, to at least
11.23 the level of secondary school completion, with the ability to
11.24 secure and benefit from continuing education that will enable
11.25 them to become more employable, productive, and responsible
11.26 citizens;
11.27 (3) plan, coordinate, and develop cooperative agreements
11.28 with community resources to address the needs that the adults
11.29 have for support services, such as transportation, flexible
11.30 course scheduling, convenient class locations, and child care;
11.31 (4) collaborate with business, industry, labor unions, and
11.32 employment-training agencies, as well as with family and
11.33 occupational education providers, to arrange for resources and
11.34 services through which adults can attain economic
11.35 self-sufficiency;
11.36 (5) provide sensitive and well trained adult education
12.1 personnel who participate in local, regional, and statewide
12.2 adult basic education staff development events to master
12.3 effective adult learning and teaching techniques;
12.4 (6) participate in regional adult basic education peer
12.5 program reviews and evaluations; and
12.6 (7) submit accurate and timely performance and fiscal
12.7 reports;
12.8 (8) submit accurate and timely reports related to program
12.9 outcomes and learner follow-up information; and
12.10 (9) spend adult basic education aid on adult basic
12.11 education purposes only, which are specified in sections
12.12 124D.515 to 124D.531.
12.13 (c) The commissioner shall require each district to provide
12.14 notification by February 1, 2001, of its intent to apply for
12.15 funds under this section as a single district or as part of an
12.16 identified consortium of districts. A district receiving funds
12.17 under this section must notify the commissioner by February 1 of
12.18 its intent to change its application status for applications due
12.19 the following June 1.
12.20 Sec. 13. Minnesota Statutes 1998, section 124D.52,
12.21 subdivision 3, is amended to read:
12.22 Subd. 3. [ACCOUNTS; REVENUE; AID.] Each district, group of
12.23 districts, or private nonprofit organization providing adult
12.24 basic education programs must establish and maintain accounts
12.25 separate from all other district accounts for the receipt and
12.26 disbursement of all funds related to these programs. All
12.27 revenue received pursuant to this section must be utilized
12.28 solely for the purposes of adult basic education programs.
12.29 Federal and State aid plus levy must not equal more than 100
12.30 percent of the actual cost unreimbursed expenses of providing
12.31 these programs, excluding in-kind costs.
12.32 Sec. 14. Minnesota Statutes 1998, section 124D.52, is
12.33 amended by adding a subdivision to read:
12.34 Subd. 6. [COOPERATIVE ENGLISH AS A SECOND LANGUAGE AND
12.35 ADULT BASIC EDUCATION PROGRAMS.] (a) A school district, or adult
12.36 basic education consortium that receives revenue under section
13.1 124D.531, may deliver English as a second language, citizenship,
13.2 or other adult education programming in collaboration with
13.3 community-based and nonprofit organizations located within its
13.4 district or region, and with correctional institutions. The
13.5 organization or correctional institution must have the
13.6 demonstrated capacity to offer education programs for adults.
13.7 Community-based or nonprofit organizations must meet the
13.8 criteria in paragraph (b), or have prior experience. A
13.9 community-based or nonprofit organization or a correctional
13.10 institution may be reimbursed for unreimbursed expenses as
13.11 defined in section 124D.515, subdivision 5, for the
13.12 administration of English as a second language or adult basic
13.13 education programs, not to exceed eight percent of the total
13.14 funds provided by a school district or adult basic education
13.15 consortium. The administrative reimbursement for a school
13.16 district or adult basic education consortium that delivers
13.17 services cooperatively with a community-based or nonprofit
13.18 organization or correctional institution is limited to five
13.19 percent of the program aid, not to exceed the unreimbursed
13.20 expenses of administering programs delivered by community-based
13.21 or nonprofit organizations or correctional institutions.
13.22 (b) A community-based organization or nonprofit
13.23 organization that delivers education services under this section
13.24 must demonstrate that it has met the following criteria:
13.25 (1) be legally established as a nonprofit organization;
13.26 (2) have an established system for fiscal accounting and
13.27 reporting that is consistent with the department of children,
13.28 families, and learning's adult basic education completion report
13.29 and reporting requirements under section 124D.531;
13.30 (3) require all instructional staff to complete a training
13.31 course in teaching adult learners; and
13.32 (4) develop a learning plan for each student that
13.33 identifies defined educational and occupational goals with
13.34 measures to evaluate progress.
13.35 Sec. 15. Minnesota Statutes 1998, section 124D.52, is
13.36 amended by adding a subdivision to read:
14.1 Subd. 7. [PERFORMANCE TRACKING SYSTEM.] (a) By July 1,
14.2 2000, each approved adult basic education program must develop
14.3 and implement a performance tracking system to provide
14.4 information necessary to comply with federal law and serve as
14.5 one means of assessing the effectiveness of adult basic
14.6 education programs. The tracking system must be designed to
14.7 collect data on the following core outcomes for learners who
14.8 have completed participation in the adult basic education
14.9 program:
14.10 (1) demonstrated improvements in literacy skill levels in
14.11 reading, writing, speaking the English language, numeracy,
14.12 problem solving, English language acquisition, and other
14.13 literacy skills;
14.14 (2) placement in, retention in, or completion of
14.15 post-secondary education, training, unsubsidized employment, or
14.16 career advancement; and
14.17 (3) receipt of a secondary school diploma or its recognized
14.18 equivalent.
14.19 (b) A district, group of districts, state agency, or
14.20 private nonprofit organization providing an adult basic
14.21 education program may meet this requirement by developing a
14.22 tracking system based on either or both of the following
14.23 methodologies:
14.24 (1) conducting a reliable follow-up survey; or
14.25 (2) submitting student information, including social
14.26 security numbers for data matching.
14.27 Data related to obtaining employment must be collected in
14.28 the first quarter following program completion or can be
14.29 collected while the student is enrolled, if known. Data related
14.30 to employment retention must be collected in the third quarter
14.31 following program exit. Data related to any other specified
14.32 outcome may be collected at any time during a program year.
14.33 (c) When a student in a program is requested to provide the
14.34 student's social security number, the student must be notified
14.35 in a written form easily understandable to the student that:
14.36 (1) providing the social security number is optional and no
15.1 adverse action may be taken against the student if the student
15.2 chooses not to provide the social security number;
15.3 (2) the request is made under section 124D.52, subdivision
15.4 7;
15.5 (3) if the student provides the social security number, it
15.6 will be used to assess the effectiveness of the program by
15.7 tracking the student's subsequent career; and
15.8 (4) the social security number will be shared with the
15.9 department of children, families, and learning; Minnesota state
15.10 colleges and universities; and the department of economic
15.11 security in order to accomplish the purposes of this section and
15.12 will not be used for any other purpose or reported to any other
15.13 governmental entities.
15.14 (d) Annually a district, group of districts, state agency,
15.15 or private nonprofit organization providing programs under this
15.16 section must forward the tracking data collected to the
15.17 department of children, families, and learning. For the
15.18 purposes of longitudinal studies on the employment status of
15.19 former students under this section, the department of children,
15.20 families, and learning must forward the social security numbers
15.21 to the department of economic security to electronically match
15.22 the social security numbers of former students with wage detail
15.23 reports filed under section 268.044. The results of data
15.24 matches must, for purposes of this section and consistent with
15.25 the requirements of the United States Code, title 29, section
15.26 2871, of the Workforce Investment Act of 1998, be compiled in a
15.27 longitudinal form by the department of economic security and
15.28 released to the department of children, families, and learning
15.29 in the form of summary data that does not identify the
15.30 individual students. The department of children, families, and
15.31 learning may release this summary data. State funding for adult
15.32 basic education programs must not be based on the number or
15.33 percentage of students who decline to provide their social
15.34 security numbers or on whether the program is evaluated by means
15.35 of a follow-up survey instead of data matching.
15.36 Sec. 16. [124D.521] [CONSORTIUM REQUIREMENTS.]
16.1 Each consortium, as defined under section 124D.515,
16.2 subdivision 1, must meet at least twice per year to develop and
16.3 amend as necessary an annual consortium agreement signed by all
16.4 members and filed with the department of children, families, and
16.5 learning that at a minimum includes:
16.6 (1) a description of the members and fiscal agent of the
16.7 consortium;
16.8 (2) a description of the contributions of each member of
16.9 the consortium and the process for distributing state aid among
16.10 the members; and
16.11 (3) the state adult basic education assurances from the
16.12 annual adult basic education program application.
16.13 As a condition of membership in a consortium, each member
16.14 must make a documented contribution toward the cost of adult
16.15 basic education programming, either as a direct financial
16.16 contribution, or an in-kind contribution.
16.17 Each consortium's designated fiscal agent must:
16.18 (1) collect data from consortium members;
16.19 (2) submit required performance reports and fiscal reports
16.20 to the state;
16.21 (3) receive state adult basic education aid under section
16.22 124D.531 for adult basic education programming delivered by the
16.23 consortium; and
16.24 (4) distribute state adult basic education aid to members
16.25 of the consortium according to the consortium agreement.
16.26 Sec. 17. [124D.522] [ADULT BASIC EDUCATION SUPPLEMENTAL
16.27 SERVICE GRANTS.]
16.28 (a) The commissioner, in consultation with the policy
16.29 review task force under section 124D.521, may make grants to
16.30 nonprofit organizations to provide services that are not offered
16.31 by a district adult basic education program or that are
16.32 supplemental to either the statewide adult basic education
16.33 program, or a district's adult basic education program. The
16.34 commissioner may make grants for: staff development for adult
16.35 basic education teachers and administrators; training for
16.36 volunteer tutors; training, services, and materials for serving
17.1 disabled students through adult basic education programs;
17.2 statewide promotion of adult basic education services and
17.3 programs; development and dissemination of instructional and
17.4 administrative technology for adult basic education programs;
17.5 programs which primarily serve communities of color; adult basic
17.6 education distance learning projects, including television
17.7 instruction programs; and other supplemental services to support
17.8 the mission of adult basic education and innovative delivery of
17.9 adult basic education services.
17.10 (b) The commissioner must establish eligibility criteria
17.11 and grant application procedures. Grants under this section
17.12 must support services throughout the state, focus on educational
17.13 results for adult learners, and promote outcome-based
17.14 achievement through adult basic education programs. The
17.15 commissioner may make grants under this section from funds
17.16 specifically appropriated for supplemental service grants. Up
17.17 to one-third of the appropriation for supplemental service
17.18 grants must be used for grants for adult basic education
17.19 programs to encourage and support innovations in adult basic
17.20 education instruction and service delivery. A grant to a single
17.21 organization cannot exceed $100,000. Nothing in this section
17.22 prevents an approved adult basic education program from using
17.23 state or federal aid to purchase supplemental services.
17.24 Sec. 18. Minnesota Statutes 1999 Supplement, section
17.25 124D.53, subdivision 3, is amended to read:
17.26 Subd. 3. [AID.] For fiscal year 2000, adult basic
17.27 education aid for each approved program equals $2,295 for fiscal
17.28 year 2000 and $2,338 for fiscal year 2001 and later fiscal
17.29 years $1,767 times the number of full-time equivalent students
17.30 in its adult basic education program during the first prior
17.31 program year.
17.32 Sec. 19. [124D.531] [ADULT BASIC EDUCATION AID.]
17.33 Subdivision 1. [STATE TOTAL ADULT BASIC EDUCATION AID.] (a)
17.34 The state total adult basic education aid for fiscal year 2001
17.35 equals $30,157,000. The state total adult basic education aid
17.36 for later years equals:
18.1 (1) the state total adult basic education aid for the
18.2 preceding fiscal year; times
18.3 (2) the lesser of:
18.4 (i) 1.08, or
18.5 (ii) the greater of 1.00 or the ratio of the state total
18.6 contact hours in the first prior program year to the state total
18.7 contact hours in the second prior program year.
18.8 (b) The state total adult basic education aid, excluding
18.9 basic population aid, equals the difference between the amount
18.10 computed in paragraph (a), and the state total basic population
18.11 aid under subdivision 2.
18.12 Subd. 2. [BASIC POPULATION AID.] A district is eligible
18.13 for basic population aid if the district has a basic service
18.14 level approved by the commissioner under section 124D.52,
18.15 subdivision 5, or is a member of a consortium with an approved
18.16 basic service level. Basic population aid is equal to the
18.17 greater of $4,000 or $1.80 times the population of the district.
18.18 District population is determined according to section 275.14.
18.19 Subd. 3. [PROGRAM REVENUE.] Adult basic education programs
18.20 established under section 124D.52 and approved by the
18.21 commissioner are eligible for revenue under this subdivision.
18.22 For fiscal year 2001 and later, adult basic education revenue
18.23 for each approved program equals the sum of:
18.24 (1) the basic population aid under subdivision 2 for
18.25 districts participating in the program during the current
18.26 program year; plus
18.27 (2) 84 percent times the amount computed in subdivision 1,
18.28 paragraph (b), times the ratio of the contact hours for students
18.29 participating in the program during the first prior program year
18.30 to the state total contact hours during the first prior program
18.31 year; plus
18.32 (3) eight percent times the amount computed in subdivision
18.33 1, paragraph (b), times the ratio of the enrollment of students
18.34 with limited English proficiency during the prior school year in
18.35 districts participating in the program during the current
18.36 program year to the state total enrollment of students with
19.1 limited English proficiency during the prior school year in
19.2 districts participating in adult basic education programs during
19.3 the current program year; plus
19.4 (4) eight percent times the amount computed in subdivision
19.5 1, paragraph (b), times the ratio of the latest federal census
19.6 count of the number of adults aged 20 or older with no diploma
19.7 residing in the districts participating in the program during
19.8 the current program year to the latest federal census count of
19.9 the state total number of adults aged 20 or older with no
19.10 diploma residing in the districts participating in adult basic
19.11 education programs during the current program year.
19.12 Subd. 4. [ADULT BASIC EDUCATION PROGRAM AID LIMIT.] (a)
19.13 Notwithstanding subdivisions 2 and 3, the total adult basic
19.14 education aid for a program per prior year contact hour must not
19.15 exceed four times the rate per prior year contact hour computed
19.16 under subdivision 3, clause (2).
19.17 (b) For fiscal year 2002 and later, the aid for a program
19.18 under subdivision 3, clause (2), adjusted for changes in program
19.19 membership, must not exceed the aid for that program under
19.20 subdivision 3, clause (2), for the first preceding fiscal year
19.21 by more than the greater of 17 percent or $20,000.
19.22 (c) Adult basic education aid is payable to a program for
19.23 unreimbursed costs.
19.24 Subd. 5. [AID GUARANTEE.] Notwithstanding subdivisions 1,
19.25 3, and 4, for fiscal year 2001, any adult basic education
19.26 program qualifying for aid under this section, that receives
19.27 less state aid than in fiscal year 2000 must receive additional
19.28 aid equal to the difference between its fiscal year 2000 aid and
19.29 its fiscal year 2001 aid.
19.30 Subd. 6. [PAYMENT OF AID TO FISCAL AGENT.] (a) Except as
19.31 provided in paragraph (b), adult basic education aid must be
19.32 paid directly to the fiscal agent of each approved program. An
19.33 approved program must have only one fiscal agent.
19.34 (b) A district that is part of a consortium may request
19.35 direct payment of basic population aid under subdivision 2. The
19.36 district must make a written request to the commissioner by June
20.1 15 for aid payments the following fiscal year. The request must
20.2 include certification that:
20.3 (1) the district will deposit direct aid payments in a
20.4 separate adult basic education account; and
20.5 (2) the district will use direct aid payments only for
20.6 adult basic education instruction.
20.7 Subd. 7. [PROGRAM AUDITS.] Programs that receive aid under
20.8 this section must maintain records that support the aid
20.9 payments. The commissioner may audit these records upon
20.10 request. The commissioner must establish procedures for
20.11 conducting fiscal audits of adult basic education programs
20.12 according to the schedule in this subdivision. In calendar year
20.13 2002, the commissioner must audit one-half of approved adult
20.14 basic education programs that received aid for fiscal year 2001,
20.15 and in calendar year 2003, the commissioner must audit the
20.16 remaining unaudited programs for aid received in fiscal year
20.17 2002. Beginning with fiscal year 2004, the commissioner must,
20.18 at a minimum, audit each adult basic education program once
20.19 every five years. The commissioner must establish procedures to
20.20 reconcile any discrepancies between aid payments based on
20.21 information reported to the commissioner and aid estimates based
20.22 on a program audit.
20.23 Subd. 8. [ADMINISTRATIVE CAP.] A consortium or district
20.24 shall not spend more than five percent of the consortium or
20.25 district's total adult basic education aid on administrative
20.26 costs.
20.27 Subd. 9. [FISCAL REPORTS.] Programs that receive aid under
20.28 this section must submit an annual report to the commissioner
20.29 that includes revenue and expense reports for each district and
20.30 program, including instructional services offered in partnership
20.31 with businesses and nonprofit organizations.
20.32 EFFECTIVE DATE: This section is effective for revenue for
20.33 fiscal years beginning with 2001.
20.34 Sec. 20. Minnesota Statutes 1998, section 245A.14,
20.35 subdivision 4, is amended to read:
20.36 Subd. 4. [SPECIAL FAMILY DAY CARE HOMES.] Nonresidential
21.1 child care programs serving 14 or fewer children that are
21.2 conducted at a location other than the license holder's own
21.3 residence shall be licensed under this section and the rules
21.4 governing family day care or group family day care if:
21.5 (a) the license holder is the primary provider of care and
21.6 the nonresidential child care program is conducted in a dwelling
21.7 that is located on a residential lot; or
21.8 (b) the license holder is an employer who may or may not be
21.9 the primary provider of care, and the purpose for the child care
21.10 program is to provide child care services to children of the
21.11 license holder's employees; or
21.12 (c) the license holder is a church or religious
21.13 organization.
21.14 Sec. 21. Minnesota Statutes 1998, section 245A.14, is
21.15 amended by adding a subdivision to read:
21.16 Subd. 8. [EXPERIENCED AIDES; CHILD CARE CENTERS.] (a) An
21.17 individual employed as an aide at a child care center may work
21.18 with children without being directly supervised for up to 25
21.19 percent of the individual's daily work shift if:
21.20 (1) a teacher is in the building;
21.21 (2) the individual has received first aid training within
21.22 the last three years; and
21.23 (3) the individual is at least 20 years old and has at
21.24 least 4,160 hours of child care experience as defined in section
21.25 245A.02, subdivision 6b.
21.26 (b) The use of an experienced aide working without direct
21.27 supervision under paragraph (a) is limited to 25 percent of each
21.28 classroom's daily hours of operation.
21.29 (c) A child care center that uses experienced aides under
21.30 this subdivision must notify the commissioner once per year.
21.31 The notification must indicate the approximate number of hours
21.32 per classroom per month that this subdivision is used. Upon
21.33 enrollment and once each year, child care centers must report to
21.34 parents or guardians if they use experienced aides under this
21.35 subdivision.
21.36 (d) This subdivision sunsets June 30, 2003.
22.1 Sec. 22. Minnesota Statutes 1998, section 245A.14, is
22.2 amended by adding a subdivision to read:
22.3 Subd. 9. [INSERVICE TRAINING; CHILD CARE CENTERS.] (a) A
22.4 teacher at a child care center must complete one percent of
22.5 working hours of inservice training annually if the teacher:
22.6 (1) possesses a baccalaureate or masters degree in early
22.7 childhood education, or school age care;
22.8 (2) is licensed in Minnesota as a prekindergarten teacher,
22.9 an early childhood educator, a kindergarten to sixth grade
22.10 teacher with a prekindergarten specialty, an early childhood
22.11 special education teacher, or an elementary teacher with a
22.12 kindergarten endorsement; or
22.13 (3) possesses a baccalaureate degree with a Montessori
22.14 certificate.
22.15 (b) A teacher or assistant teacher at a child care center
22.16 must complete 1-1/2 percent of working hours of inservice
22.17 training annually if the individual is:
22.18 (1) a registered nurse or licensed practical nurse with
22.19 experience working with infants;
22.20 (2) possesses a Montessori certificate, a technical college
22.21 certificate in early childhood development, or a child
22.22 development associate certificate; or
22.23 (3) possesses an associate of arts degree in early
22.24 childhood education, a baccalaureate degree in child
22.25 development, or a technical college diploma in early childhood
22.26 development.
22.27 (c) Except as provided in paragraphs (a) and (b), all other
22.28 teachers, assistant teachers, or aides must have two percent of
22.29 working hours of inservice training annually.
22.30 (d) The number of required training hours may be prorated
22.31 for individuals not employed full time or for an entire year.
22.32 This subdivision supersedes Minnesota Rules, part 9503.0035,
22.33 subpart 4, item B, for teachers, assistant teachers, and aides.
22.34 The remainder of Minnesota Rules, part 9503.0035, subpart 4,
22.35 remains in effect unless superseded by other law.
22.36 Sec. 23. Laws 1998, First Special Session chapter 1,
23.1 article 1, section 10, subdivision 1, as amended by Laws 1999,
23.2 chapter 205, article 4, section 8, is amended to read:
23.3 Subdivision 1. [INITIAL ELIGIBILITY.] To be eligible for
23.4 state or TANF matching funds in the family assets for
23.5 independence initiative, a household must have income at or
23.6 below 185 percent of the federal poverty level and assets of
23.7 $15,000 or less. An individual who is a dependent of another
23.8 person for federal income tax purposes may not be a separate
23.9 eligible household for purposes of establishing a family asset
23.10 account. An individual who is a debtor for a judgment resulting
23.11 from nonpayment of a court-ordered child support obligation may
23.12 not participate in this program. Households accessing TANF
23.13 matching funds are subject to the MFIP definition of household
23.14 under Minnesota Statutes, section 256J.08, subdivision 46.
23.15 Income and assets are determined according to eligibility
23.16 guidelines for the energy assistance program meet the
23.17 eligibility requirements of the federal Assets for Independence
23.18 Act, Public Law Number 105-285, in Title IV, section 408 of that
23.19 act.
23.20 Sec. 24. Laws 1998, First Special Session chapter 1,
23.21 article 1, section 11, subdivision 1, is amended to read:
23.22 Subdivision 1. [WITHDRAWAL OF FUNDS.] To receive a match,
23.23 a participating household must transfer funds withdrawn from a
23.24 family asset account to its matching fund custodial account held
23.25 by the fiscal agent, according to the family asset agreement.
23.26 The fiduciary organization fiscal agent must determine if the
23.27 match request is for a permissible use consistent with the
23.28 household's family asset agreement.
23.29 The fiscal agent must ensure the household's custodial
23.30 account contains the applicable matching funds to match the
23.31 balance in the household's account, including interest, on at
23.32 least a quarterly basis and at the time of an approved
23.33 withdrawal. Matches must be provided as follows:
23.34 (1) from state grant and TANF funds a matching contribution
23.35 of $1.50 for every $1 of funds withdrawn from the family asset
23.36 account equal to the lesser of $720 per year or a $3,000
24.1 lifetime limit; and
24.2 (2) from nonstate funds, a matching contribution of no less
24.3 than $1.50 for every $1 of funds withdrawn from the family asset
24.4 account equal to the lesser of $720 per year or a $3,000
24.5 lifetime limit.
24.6 Sec. 25. Laws 1998, First Special Session chapter 1,
24.7 article 1, section 11, subdivision 2, as amended by Laws 1999,
24.8 chapter 205, article 4, section 9, is amended to read:
24.9 Subd. 2. [VENDOR PAYMENT OF WITHDRAWN FUNDS.] Upon receipt
24.10 of transferred custodial account funds, the fiduciary
24.11 organization fiscal agent must make a direct payment to the
24.12 vendor of the goods or services for the permissible use.
24.13 Sec. 26. Laws 1999, chapter 205, article 1, section 65, is
24.14 amended to read:
24.15 Sec. 65. [ADDITIONAL EARLY CHILDHOOD FAMILY EDUCATION AID;
24.16 FISCAL YEAR 2000 AND FISCAL YEAR 2001.]
24.17 A district that complies with Minnesota Statutes, section
24.18 124D.13, shall receive additional early childhood family
24.19 education aid for fiscal year 2000 and fiscal year 2001 equal to
24.20 $2.46 times the greater of:
24.21 (1) 150; or
24.22 (2) the number of people under five years of age residing
24.23 in the school district on October 1 of the previous school
24.24 year. The additional early childhood family education aid may
24.25 be used only for early childhood family education programs.
24.26 Sec. 27. Laws 1999, chapter 205, article 1, section 71,
24.27 subdivision 3, is amended to read:
24.28 Subd. 3. [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early
24.29 childhood family education aid according to Minnesota Statutes,
24.30 section 124D.135:
24.31 $20,485,000 $20,109,000 ..... 2000
24.32 $19,420,000 $21,107,000 ..... 2001
24.33 The 2000 appropriation includes $1,390,000 for 1999 and
24.34 $19,095,000 $18,719,000 for 2000.
24.35 The 2001 appropriation includes $2,122,000 $2,079,000 for
24.36 2000 and $17,298,000 $19,028,000 for 2001.
25.1 Any balance in the first year does not cancel but is
25.2 available in the second year.
25.3 Sec. 28. Laws 1999, chapter 205, article 1, section 71,
25.4 subdivision 7, is amended to read:
25.5 Subd. 7. [SCHOOL AGE CARE AID.] For extended day aid
25.6 according to Minnesota Statutes, section 124D.22:
25.7 $274,000 ..... 2000
25.8 $216,000 $245,000 ..... 2001
25.9 The 2000 appropriation includes $30,000 for 1999 and
25.10 $244,000 for 2000.
25.11 The 2001 appropriation includes $27,000 for 2000 and
25.12 $189,000 $218,000 for 2001.
25.13 Any balance in the first year does not cancel but is
25.14 available in the second year.
25.15 Sec. 29. Laws 1999, chapter 205, article 1, section 71,
25.16 subdivision 9, is amended to read:
25.17 Subd. 9. [MFIP CHILD CARE.] For child care assistance
25.18 according to Minnesota Statutes, section 119B.05:
25.19 $86,318,000 $66,524,000 ..... 2000
25.20 $88,443,000 $78,606,000 ..... 2001
25.21 Any balance in the first year does not cancel but is
25.22 available in the second year.
25.23 Sec. 30. Laws 1999, chapter 205, article 2, section 4,
25.24 subdivision 2, is amended to read:
25.25 Subd. 2. [FAMILY COLLABORATIVES.] For family
25.26 collaboratives according to Laws 1995, First Special Session
25.27 chapter 3, article 4, section 29, subdivision 10 Minnesota
25.28 Statutes, section 124D.23:
25.29 $4,777,000 ..... 2000
25.30 $2,535,000 $2,435,000 ..... 2001
25.31 No new family services collaboratives shall be funded with
25.32 this appropriation after June 30, 1999.
25.33 Any balance in the first year does not cancel but is
25.34 available in the second year.
25.35 Sec. 31. Laws 1999, chapter 205, article 2, section 4,
25.36 subdivision 3, is amended to read:
26.1 Subd. 3. [COMMUNITY EDUCATION AID.] For community
26.2 education aid according to Minnesota Statutes, section 124D.20:
26.3 $14,136,000 ..... 2000
26.4 $14,696,000 $15,274,000 ..... 2001
26.5 The 2000 appropriation includes $160,000 for 1999 and
26.6 $13,976,000 for 2000.
26.7 The 2001 appropriation includes $1,552,000 for 2000 and
26.8 $13,144,000 $13,722,000 for 2001.
26.9 Any balance in the first year does not cancel but is
26.10 available in the second year.
26.11 Sec. 32. Laws 1999, chapter 205, article 4, section 12,
26.12 subdivision 5, is amended to read:
26.13 Subd. 5. [ADULT BASIC EDUCATION AID.] For adult basic
26.14 education aid according to Minnesota Statutes, section 124D.52,
26.15 in fiscal year 2000 and Minnesota Statutes, section 124D.53 in
26.16 fiscal year 2001:
26.17 $20,132,000 ..... 2000
26.18 $22,477,000 $29,168,000 ..... 2001
26.19 The 2000 appropriation includes $1,227,000 for 1999 and
26.20 $18,905,000 for 2000.
26.21 The 2001 appropriation includes $2,101,000 for 2000 and
26.22 $20,376,000 $27,067,000 for 2001.
26.23 Sec. 33. Laws 1999, chapter 205, article 4, section 12,
26.24 subdivision 6, is amended to read:
26.25 Subd. 6. [ADULT BASIC EDUCATION BASIC POPULATION AID.] For
26.26 basic population aid for eligible districts under section 7:
26.27 $1,960,000 $1,974,000 ..... 2000
26.28 Notwithstanding Minnesota Statutes, section 127A.45,
26.29 subdivision 12, 100 percent of this appropriation is for fiscal
26.30 year 2000.
26.31 Any balance in the first year does not cancel but is
26.32 available in the second year. This is a one-time appropriation.
26.33 Sec. 34. Laws 1999, chapter 205, article 4, section 12,
26.34 subdivision 7, is amended to read:
26.35 Subd. 7. [ADULT GRADUATION AID.] For adult graduation aid
26.36 according to Minnesota Statutes, section 124D.54:
27.1 $3,184,000 $2,760,000 ..... 2000
27.2 $4,732,000 $3,031,000 ..... 2001
27.3 The 2000 appropriation includes $258,000 $258,000 for 1999
27.4 and $2,926,000 $2,502,000 for 2000.
27.5 The 2001 appropriation includes $325,000 $278,000 for 2000
27.6 and $4,407,000 $2,753,000 for 2001.
27.7 Sec. 35. [COMPETENCY-BASED ADULT BASIC EDUCATION AND
27.8 ENGLISH AS A SECOND LANGUAGE LICENSE.]
27.9 The board of teaching must convene a task force to develop
27.10 a competency-based license for teachers of adult basic education
27.11 classes and English as a second language classes. The
27.12 competency-based license must be an alternative to the current
27.13 licensing requirements. By January 15, 2002, the board of
27.14 teaching must present their recommendations to the committees of
27.15 the legislature responsible for teacher licensing and funding of
27.16 adult basic education programs including recommendations for
27.17 implementing competency-based licensing for teachers of adult
27.18 learners.
27.19 Sec. 36. [MFIP SOCIAL SERVICES CHILD CARE SUNSET AND
27.20 REPORT.]
27.21 Minnesota Statutes, section 119B.05, subdivision 1, clause
27.22 (5), expires on June 30, 2003. MFIP social services child care
27.23 must be paid for with the appropriations under section 45,
27.24 subdivision 3. Priority must be given to mental health services
27.25 and chemical dependency services. Any amount that is not needed
27.26 for MFIP social services child care must be used for child care
27.27 assistance under Minnesota Statutes, section 119B.03. The
27.28 commissioner of children, families, and learning must notify the
27.29 chairs of the family and early childhood committees in the house
27.30 and the senate if expenditures for MFIP social services child
27.31 care are expected to exceed appropriations under section 45,
27.32 subdivision 3. The commissioner shall report to the legislature
27.33 by January 15, 2003, on the use of MFIP social services child
27.34 care with recommendations on the need for social services child
27.35 care and its effectiveness in promoting self-sufficiency.
27.36 Sec. 37. [EXPEDITED APPLICATION FOR MINOR STUDENTS.]
28.1 The commissioner of children, families, and learning, as a
28.2 component of the training for counties to administer child care
28.3 assistance under Minnesota Statutes, chapter 119B, must provide
28.4 technical assistance on ways to expedite and streamline the
28.5 application process for minor parents participating in
28.6 school-based child care. The commissioner must make child care
28.7 assistance information and applications available to
28.8 school-based adolescent parenting programs so eligible minor
28.9 parents are able to complete their high school education.
28.10 Sec. 38. [COOPERATIVE LANGUAGE INSTRUCTION.]
28.11 The commissioner of children, families, and learning shall
28.12 create an application process to make grants for the
28.13 establishment of cooperative programs to teach English as a
28.14 second language to adults and their children. Instruction shall
28.15 be provided through prekindergarten programs, elementary and
28.16 secondary schools, and the adult basic education program. At
28.17 least two grants in the seven-county metropolitan area and one
28.18 grant outside the seven-county metropolitan area shall be made.
28.19 Sec. 39. [INTENSIVE ESL GRANTS.]
28.20 The commissioner of children, families, and learning shall
28.21 establish a reimbursement grant program to fund intensive
28.22 English as a second language (ESL) programs for TANF eligible
28.23 adults who participate in the MFIP program under Minnesota
28.24 Statutes, chapter 256J, with funds appropriated under Minnesota
28.25 Statutes, section 44, subdivision 2. Intensive ESL programming
28.26 must provide intensive instruction for MFIP participants who are
28.27 making inadequate literacy progress as measured by a standard
28.28 assessment test. The intensive instruction must be focused on
28.29 participants' gaining sufficient literacy to achieve
28.30 self-sufficiency through employment.
28.31 Organizations eligible for grants under this section
28.32 include adult basic education programs, school districts,
28.33 post-secondary institutions, and nonprofit or community-based
28.34 organizations or other private organizations with experience in
28.35 providing English language instruction to non-English speaking
28.36 immigrants and refugees. Grant applications must contain
29.1 information required by the commissioner in the form prescribed
29.2 by the commissioner. At a minimum, the application must
29.3 document experience in literacy programs serving immigrants and
29.4 refugees, describe fiscal accounting systems and reporting
29.5 capacity, ensure that administrative expenses are limited to
29.6 five percent of grant funds, and provide a description of the
29.7 proposed instructional services and training plans. Funds must
29.8 be paid to programs on a reimbursement basis. The intensive ESL
29.9 program expires on June 30, 2003.
29.10 Sec. 40. [CHILD AND ADULT CARE FOOD PROGRAM.]
29.11 The commissioner of the department of children, families,
29.12 and learning must request a waiver from the department of
29.13 agriculture so that child care programs that are licensed under
29.14 Minnesota Statutes, section 245A.14, subdivision 4, are allowed
29.15 to participate in the federal child and adult care food program
29.16 under United States Code, title 42, section 1766.
29.17 Sec. 41. [FAMILY PROVIDER PARTICIPATION.]
29.18 The commissioner of the department of children, families,
29.19 and learning must ensure that licensed family child care
29.20 providers have an opportunity to participate in policy
29.21 discussions that impact child care. The commissioner must seek
29.22 participation and input from family providers including, but not
29.23 limited to, participation on task forces.
29.24 Sec. 42. [ADULT BASIC EDUCATION POLICY TASK FORCE.]
29.25 Subdivision 1. [ESTABLISHMENT.] A nine-member adult basic
29.26 education policy task force is established to make
29.27 recommendations to the legislature on program and funding
29.28 policies for adult basic education programs that receive aid
29.29 under Minnesota Statutes, section 124D.531. Members do not
29.30 receive per diem or reimbursement for expenses. At a minimum,
29.31 the task force must hold two meetings a year. All other matters
29.32 of the task force's operation, except expiration of the task
29.33 force under subdivision 4, are governed by Minnesota Statutes,
29.34 section 15.069.
29.35 Subd. 2. [MEMBERSHIP.] The commissioner shall appoint nine
29.36 members to the task force. Four members are appointed from a
30.1 list of candidates provided to the commissioner by the Minnesota
30.2 community education association and Literacy Minnesota. The
30.3 commissioner must appoint two members of the task force from
30.4 rural programs, two members from suburban programs, two members
30.5 from urban programs, and one member from the nonprofit group.
30.6 The commissioner shall appoint one former adult basic education
30.7 learner and one current adult basic education learner to the
30.8 task force. The composition of the task force must allow for
30.9 equal representation from adult basic education learners,
30.10 instructors, and administrators.
30.11 Subd. 3. [DUTIES.] The task force must:
30.12 (1) recommend to the legislature and the commissioner a
30.13 mission statement for a statewide system of adult basic
30.14 education programs that includes educational outcomes, services,
30.15 eligible learners, requirements for teacher licensing,
30.16 expectations for student advancement and progress, and
30.17 recognition of the importance of distance learning and other
30.18 technology-based instruction methods;
30.19 (2) recommend to the legislature adult basic education
30.20 standard policies and procedures;
30.21 (3) recommend to the legislature the adult basic education
30.22 curriculum and course offerings including policies to offer
30.23 computer literacy and other skill-based education through adult
30.24 basic education programs;
30.25 (4) recommend to the legislature the minimum number of
30.26 contact hours that are necessary in order for a program to
30.27 continue;
30.28 (5) recommend to the legislature an adequate and reasonable
30.29 hourly rate for smaller programs;
30.30 (6) recommend to the legislature a reasonable range for the
30.31 number of instructional hours or a reasonable cap on the number
30.32 of hours individuals may spend in adult basic education
30.33 instruction;
30.34 (7) recommend to the legislature an outcome-based adult
30.35 basic education funding system that rewards and recognizes
30.36 student progress in attaining educational goals;
31.1 (8) recommend to the legislature an appropriate weight for
31.2 contact hours for nonschool district programs based on an
31.3 evaluation of costs, revenues, and the impact of weighted
31.4 contact hours on consortium stability; and
31.5 (9) review statewide grant applications for supplemental
31.6 services under Minnesota Statutes, section 124D.522.
31.7 Subd. 4. [EXPIRATION.] The adult basic education policy
31.8 task force expires on December 1, 2002.
31.9 Sec. 43. [GENERAL FUND APPROPRIATIONS.]
31.10 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
31.11 LEARNING.] The sums indicated in this section are appropriated
31.12 from the general fund to the commissioner of children, families,
31.13 and learning for the fiscal years designated.
31.14 Subd. 2. [ADULT BASIC EDUCATION SUPPLEMENTAL SERVICE
31.15 GRANTS.] For adult basic education supplemental service grants
31.16 according to Minnesota Statutes, section 124D.522:
31.17 $700,000 ..... 2001
31.18 This is a one-time appropriation and is not to be added to
31.19 the base for 2002 and 2003.
31.20 Subd. 3. [ADULT BASIC EDUCATION ADMINISTRATION.] For
31.21 administration of the state adult basic education program
31.22 including auditing, technical assistance, and reporting
31.23 requirements under this act:
31.24 $100,000 ..... 2001
31.25 This appropriation is added to the fiscal year 2002 and
31.26 2003 base at a level of $175,000 each year to finance adult
31.27 basic education audits. Any balance in the first year does not
31.28 cancel, but is available in the second year.
31.29 Subd. 4. [HOUSING COLLABORATION.] For a grant to the city
31.30 of St. Louis Park for the Meadowbrook Collaborative Housing
31.31 Project to enhance youth outreach services and to provide
31.32 educational and recreational programming for at-risk youth. The
31.33 collaborative must include a cross section of public and private
31.34 sector community representatives.
31.35 $25,000 ..... 2001
31.36 This is a one-time appropriation.
32.1 Subd. 5. [EMERGENCY SERVICES.] For emergency services
32.2 grants according to Laws 1997, chapter 162, article 3, section 7:
32.3 $622,000 ..... 2001
32.4 This is a one-time appropriation.
32.5 Subd. 6. [COOPERATIVE LANGUAGE INSTRUCTION.] For
32.6 cooperative language instruction grants under section 38:
32.7 $250,000 ..... 2001
32.8 This is a one-time appropriation.
32.9 Subd. 7. [ADULTS WITH DISABILITIES.] For purposes of the
32.10 adults with disabilities pilot programs under Laws 1997, chapter
32.11 162, article 2, section 31, subdivision 4:
32.12 $40,000 ..... 2001
32.13 Sec. 44. [TANF APPROPRIATIONS.]
32.14 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
32.15 LEARNING.] The sums indicated in this section for fiscal years
32.16 2001 to 2003 are appropriated to the commissioner of human
32.17 services from the federal Temporary Assistance for Needy
32.18 Families (TANF) block grant funds authorized under United States
32.19 Code, title 42, section 601 et seq., and awarded in federal
32.20 fiscal years 2000 to 2002, and are transferred to the department
32.21 of children, families, and learning for the fiscal years
32.22 indicated for use as provided in this section. These amounts
32.23 are available for expenditure until June 30, 2003.
32.24 Appropriations under this section are one-time appropriations
32.25 and are not added to the base for fiscal years 2004 and 2005.
32.26 Subd. 2. [INTENSIVE ESL.] For intensive English as a
32.27 second language (ESL) for eligible MFIP participants under
32.28 section 39:
32.29 $1,100,000 ..... 2001
32.30 $1,100,000 ..... 2002
32.31 $1,100,000 ..... 2003
32.32 Subd. 3. [TRANSITIONAL HOUSING PROGRAMS.] For
32.33 reimbursement grants to transitional housing programs under
32.34 Minnesota Statutes, section 119A.43:
32.35 $1,900,000 ..... 2001
32.36 $1,900,000 ..... 2002
33.1 $1,950,000 ..... 2003
33.2 These appropriations must be used for up to four months of
33.3 transitional housing for families with incomes below 200 percent
33.4 of the federal poverty guidelines. Payment must be made to
33.5 programs on a reimbursement basis.
33.6 Sec. 45. [FEDERAL TANF TRANSFERS.]
33.7 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
33.8 LEARNING.] The sums indicated in this section are transferred
33.9 from the federal TANF fund to the child care and development
33.10 fund and appropriated to the department of children, families,
33.11 and learning for the fiscal years designated. The commissioner
33.12 shall ensure that all transferred funds are expended in
33.13 accordance with the child care and development fund regulations
33.14 and that the maximum allowable transferred funds are used for
33.15 the program in this section. Appropriations under this section
33.16 are one-time appropriations and are not added to the base.
33.17 Subd. 2. [BASIC SLIDING FEE CHILD CARE.] For child care
33.18 assistance according to Minnesota Statutes, section 119B.03:
33.19 $2,539,000 ..... 2001
33.20 $2,138,000 ..... 2002
33.21 $1,738,000 ..... 2003
33.22 Subd. 3. [MFIP SOCIAL SERVICES CHILD CARE.] For social
33.23 services child care costs of eligible MFIP participants under
33.24 section 36:
33.25 $3,233,000 ..... 2001
33.26 $3,297,000 ..... 2002
33.27 $2,865,000 ..... 2003
33.28 Any amount remaining in fiscal year 2003 that is not needed
33.29 for social service child care must be used for assistance under
33.30 Minnesota Statutes, section 119B.03.
33.31 Subd. 4. [TRANSITION YEAR FAMILIES.] To provide
33.32 uninterrupted assistance under Minnesota Statutes, section
33.33 119B.03, for families completing transition year child care
33.34 assistance:
33.35 $1,080,000 ..... 2001
33.36 $3,620,000 ..... 2002
34.1 $4,040,000 ..... 2003
34.2 Any amount remaining in fiscal year 2003 that is not needed
34.3 for uninterrupted child care must be used for assistance under
34.4 Minnesota Statutes, section 119B.03.
34.5 Sec. 46. [REPEALER.]
34.6 (a) Minnesota Statutes 1998, section 124D.53, is repealed.
34.7 (b) Laws 1998, First Special Session chapter 1, article 1,
34.8 section 10, subdivision 2, as amended by Laws 1999, chapter 205,
34.9 article 4, section 8, is repealed.
34.10 EFFECTIVE DATE: Paragraph (a) is effective for revenue for
34.11 fiscal year 2001 and later.
34.12 ARTICLE 2
34.13 KINDERGARTEN THROUGH GRADE 12
34.14 GENERAL EDUCATION
34.15 Section 1. Minnesota Statutes 1999 Supplement, section
34.16 122A.61, subdivision 1, is amended to read:
34.17 Subdivision 1. [STAFF DEVELOPMENT REVENUE.] A district is
34.18 required to reserve an amount equal to at least one two percent
34.19 of the basic revenue under section 126C.10, subdivision 2, for
34.20 in-service education for programs under section 120B.22,
34.21 subdivision 2, for staff development plans, including plans for
34.22 challenging instructional activities and experiences under
34.23 section 122A.60, and for curriculum development and programs,
34.24 other in-service education, teachers' workshops, teacher
34.25 conferences, the cost of substitute teachers staff development
34.26 purposes, and other related costs for staff development
34.27 efforts. A district may annually waive the requirement to
34.28 reserve their basic revenue under this section if a majority
34.29 vote of the licensed teachers in the district and a majority
34.30 vote of the school board agree to a resolution to waive the
34.31 requirement. A district in statutory operating debt is exempt
34.32 from reserving basic revenue according to this section.
34.33 Districts may expend an additional amount of unreserved revenue
34.34 for staff development based on their needs. With the exception
34.35 of amounts reserved for staff development from revenues
34.36 allocated directly to school sites, the board must initially
35.1 allocate 50 percent of the reserved revenue to each school site
35.2 in the district on a per teacher basis, which must be retained
35.3 by the school site until used. The board may retain 25 percent
35.4 to be used for district wide staff development efforts. The
35.5 remaining 25 percent of the revenue must be used to make grants
35.6 to school sites for best practices methods. A grant may be used
35.7 for any purpose authorized under section 120B.22, subdivision 2,
35.8 122A.60, or for the costs of curriculum development and
35.9 programs, other in-service education, teachers' workshops,
35.10 teacher conferences, substitute teachers for staff development
35.11 purposes, and other staff development efforts, and determined by
35.12 the site professional development team. The site professional
35.13 development team must demonstrate to the school board the extent
35.14 to which staff at the site have met the outcomes of the
35.15 program. The board may withhold a portion of initial allocation
35.16 of revenue if the staff development outcomes are not being met.
35.17 Sec. 2. Minnesota Statutes 1998, section 122A.68,
35.18 subdivision 4, is amended to read:
35.19 Subd. 4. [EMPLOYMENT CONDITIONS.] A school district must
35.20 pay a teaching resident a salary equal to 75 90 percent of the
35.21 salary of a first-year teacher with a bachelor's degree in the
35.22 district. The resident shall be a member of the local
35.23 bargaining unit and shall be covered under the terms of the
35.24 contract, except for salary and benefits, unless otherwise
35.25 provided in this subdivision. The school district must provide
35.26 health insurance coverage for the resident if the district
35.27 provides it for teachers, and may provide other benefits upon
35.28 negotiated agreement.
35.29 Sec. 3. Minnesota Statutes 1998, section 123B.75,
35.30 subdivision 5, is amended to read:
35.31 Subd. 5. [LEVY RECOGNITION.] (a) "School district tax
35.32 settlement revenue" means the current, delinquent, and
35.33 manufactured home property tax receipts collected by the county
35.34 and distributed to the school district.
35.35 (b) In June of each year, the school district must
35.36 recognize as revenue, in the fund for which the levy was made,
36.1 the lesser of:
36.2 (1) the May, June, and July school district tax settlement
36.3 revenue received in that calendar year; or
36.4 (2) the sum of:
36.5 (i) 31 percent of the referendum levy certified in the
36.6 prior calendar year according to section 126C.17, subdivision 9;
36.7 plus
36.8 (ii) the entire amount of the levy certified in the prior
36.9 calendar year according to sections 124D.86, subdivision 4, for
36.10 school districts receiving revenue under 124D.86, subdivision 3,
36.11 clauses (1), (2) and (3); 126C.41, subdivisions 1, 2, and 3,
36.12 paragraphs (4), (5), and (6); 126C.43, subdivision 2; and
36.13 126C.48, subdivision 6.
36.14 Sec. 4. Minnesota Statutes 1999 Supplement, section
36.15 124D.11, subdivision 1, is amended to read:
36.16 Subdivision 1. [GENERAL EDUCATION REVENUE.] (a) General
36.17 education revenue must be paid to a charter school as though it
36.18 were a district. The general education revenue for each
36.19 adjusted marginal cost pupil unit is the state average general
36.20 education revenue per pupil unit, plus the referendum
36.21 equalization aid allowance in the pupil's district of residence,
36.22 minus an amount equal to the product of the formula allowance
36.23 according to section 126C.10, subdivision 2, times .0485,
36.24 calculated without basic skills revenue, transportation sparsity
36.25 revenue, and the transportation portion of the transition
36.26 revenue adjustment, plus basic skills revenue as though the
36.27 school were a school district.
36.28 (b) Notwithstanding paragraph (a), for charter schools in
36.29 the first year of operation, general education revenue shall be
36.30 computed using the number of adjusted pupil units in the current
36.31 fiscal year.
36.32 EFFECTIVE DATE: This section is effective the day
36.33 following final enactment.
36.34 Sec. 5. Minnesota Statutes 1999 Supplement, section
36.35 124D.65, subdivision 4, is amended to read:
36.36 Subd. 4. [STATE TOTAL LEP REVENUE.] (a) The state total
37.1 limited English proficiency programs revenue for fiscal year
37.2 2000 equals $27,454,000. The state total limited English
37.3 proficiency programs revenue for fiscal year 2001 equals
37.4 $31,752,000.
37.5 (b) The state total limited English proficiency programs
37.6 revenue for later fiscal years equals:
37.7 (1) the state total limited English proficiency programs
37.8 revenue for the preceding fiscal year; times
37.9 (2) the program growth factor under section 125A.76
37.10 subdivision 1; times
37.11 (3) the ratio of the state total number of pupils with
37.12 limited English proficiency for the current fiscal year to the
37.13 state total number of pupils with limited English proficiency
37.14 for the preceding fiscal year.
37.15 EFFECTIVE DATE: This section is effective the day
37.16 following final enactment.
37.17 Sec. 6. Minnesota Statutes 1999 Supplement, section
37.18 124D.86, subdivision 1, is amended to read:
37.19 Subdivision 1. [USE OF THE REVENUE.] Integration revenue
37.20 under this section must be used for programs established under a
37.21 desegregation plan filed with the department of children,
37.22 families, and learning according to Minnesota Rules, parts
37.23 3535.0100 to 3535.0180, or under court order, to increase. The
37.24 revenue must be used to create or enhance learning opportunities
37.25 and reduce the learning gap between learners living in high
37.26 concentrations of poverty and their peers which are designed to
37.27 provide opportunities for students to have increased interracial
37.28 contacts through classroom experiences, staff initiatives, and
37.29 other educationally related programs.
37.30 Sec. 7. Minnesota Statutes 1998, section 124D.86, is
37.31 amended by adding a subdivision to read:
37.32 Subd. 1a. [BUDGET APPROVAL PROCESS.] Each year before a
37.33 district receives any revenue under subdivision 3, clause (4),
37.34 the district must submit to the department of children,
37.35 families, and learning, for its review and approval a budget
37.36 detailing the costs of the desegregation/integration plan filed
38.1 under Minnesota Rules, parts 3535.0100 to 3535.0180.
38.2 Notwithstanding chapter 14, the department may develop criteria
38.3 for budget approval. The department shall consult with the
38.4 desegregation advisory board in developing these criteria. The
38.5 criteria developed by the department should address, at a
38.6 minimum, the following:
38.7 (1) budget items cannot be approved unless they are part of
38.8 any overall desegregation plan approved by the district for
38.9 isolated sites or by the multidistrict collaboration council and
38.10 participation individual members;
38.11 (2) the budget must indicate how revenue expenditures will
38.12 be used specifically to support increased opportunities for
38.13 interracial contact;
38.14 (3) components of the budget to be considered by the
38.15 department, including staffing, curriculum, transportation,
38.16 facilities, materials, and equipment and reasonable planning
38.17 costs, as determined by the department; and
38.18 (4) if plans are proposed to enhance existing programs, the
38.19 total budget being appropriated to the program must be included,
38.20 indicating what part is to be funded using integration revenue
38.21 and what part is to be funded using other revenues.
38.22 Sec. 8. Minnesota Statutes 1998, section 124D.86, is
38.23 amended by adding a subdivision to read:
38.24 Subd. 1b. [PLAN COMPONENTS.] Plans submitted by each
38.25 district under Minnesota Rules, parts 3535.0160 and 3535.0170,
38.26 must be approved by the district's board each year before
38.27 integration revenue will be awarded. If a district is applying
38.28 for revenue for a plan that is part of a multidistrict council,
38.29 the individual district shall not receive revenue unless it
38.30 ratifies the plan adopted by its multidistrict council or
38.31 approves a modified plan with a written explanation of any
38.32 modifications. Each plan shall contain:
38.33 (1) an identification of the integration issues at the
38.34 sites or districts covered by Minnesota Rules, parts 3535.0100
38.35 to 3535.0180;
38.36 (2) a description of the community outreach that preceded
39.1 the integration plan, such that the commissioner can determine
39.2 whether the membership of the planning councils complied with
39.3 the requirements of Minnesota Rules, parts 3535.0100 to
39.4 3535.0180; and
39.5 (3) the specific goals of the integration plan.
39.6 By June 30 of the subsequent fiscal year, each district shall
39.7 report to the commissioner in writing about the extent to which
39.8 the integration goals identified in the plan were met.
39.9 Sec. 9. Minnesota Statutes 1999 Supplement, section
39.10 124D.86, subdivision 3, is amended to read:
39.11 Subd. 3. [INTEGRATION REVENUE.] For fiscal year 2000 and
39.12 later fiscal years, integration revenue equals the following
39.13 amounts:
39.14 (1) for independent school district No. 709, Duluth, $207
39.15 times the adjusted pupil units for the school year;
39.16 (2) for independent school district No. 625, St. Paul, $446
39.17 times the adjusted pupil units for the school year;
39.18 (3) for special school district No. 1, Minneapolis, $536
39.19 times the adjusted pupil units for the school year; and
39.20 (4) for a district not listed in clause (1), (2), or (3)
39.21 that is required to implement a plan according to the
39.22 requirements of Minnesota Rules, parts 3535.0100 to
39.23 3535.0180, as proposed in 23 State Register 1344, December 7,
39.24 1998, the lesser of
39.25 (i) the actual cost of implementing the plan during the
39.26 fiscal year minus the aid received under subdivision 6, or
39.27 (ii) $93 times the adjusted pupil units for the school year.
39.28 Any money received by districts in clauses (1) to (3) which
39.29 exceeds the amount received in fiscal year 2000 shall be subject
39.30 to the budget requirements in subdivision 1a.
39.31 Sec. 10. Minnesota Statutes 1998, section 124D.86,
39.32 subdivision 6, is amended to read:
39.33 Subd. 6. [ALTERNATIVE ATTENDANCE PROGRAMS.] (a) The
39.34 integration aid under subdivision 5 must be adjusted for each
39.35 pupil residing in a district eligible for integration revenue
39.36 under subdivision 3, clause (1), (2), or (3), and attending a
40.1 nonresident district under sections 123A.05 to 123A.08, 124D.03,
40.2 124D.06, 124D.07, and 124D.08, that is not eligible for
40.3 integration revenue under subdivision 3, clause (1), (2), or
40.4 (3), and has implemented a plan under Minnesota Rules, parts
40.5 3535.0100 to 3535.0180, if the enrollment of the pupil in the
40.6 nonresident district contributes to desegregation or integration
40.7 purposes. The adjustments must be made according to this
40.8 subdivision.
40.9 (b) Aid paid to the district of the pupil's residence must
40.10 be reduced by an amount equal to the revenue per resident pupil
40.11 unit of the resident district times the number of resident pupil
40.12 units attributable to the pupil for the time the pupil is
40.13 enrolled in a nonresident district.
40.14 (c) Aid paid to a district serving nonresidents must be
40.15 increased by an amount equal to the aid reduction to the
40.16 resident district under paragraphs (b) and (d) revenue per pupil
40.17 unit of the resident district under subdivision 3, clause (1),
40.18 (2), or (3), minus the revenue attributable to the pupil in the
40.19 nonresident district under subdivision 3, clause (4), for the
40.20 time the pupil is enrolled in the nonresident district.
40.21 (d) If the amount of the reduction to be made from the aid
40.22 of a district is greater than the amount of aid otherwise due
40.23 the district, the excess reduction must be made from other state
40.24 aids due the district.
40.25 EFFECTIVE DATE: This section is effective the day
40.26 following final enactment.
40.27 Sec. 11. Minnesota Statutes 1999 Supplement, section
40.28 124D.87, is amended to read:
40.29 124D.87 [INTERDISTRICT DESEGREGATION OR INTEGRATION
40.30 TRANSPORTATION AID.]
40.31 (a) A district that provides transportation of pupils to
40.32 and from an interdistrict program for desegregation or
40.33 integration purposes is eligible for state aid to cover
40.34 reimburse the additional costs of transportation during the
40.35 preceding fiscal year.
40.36 (b) A district in the metropolitan area may apply to the
41.1 commissioner for state aid to cover reimburse the costs of
41.2 transporting pupils who are enrolled under section
41.3 124D.03 during the preceding fiscal year if the enrollment of
41.4 the student in the nonresident district contributes to
41.5 desegregation or integration purposes. The commissioner shall
41.6 develop the form and manner of applications for state aid, the
41.7 criteria to be used to determine when transportation is for
41.8 desegregation or integration purposes, and the accounting
41.9 procedure to be used to determine excess costs. In determining
41.10 aid amounts, the commissioner shall consider other revenue
41.11 received by the district for transportation for desegregation or
41.12 integration purposes.
41.13 (c) Aid must be paid under paragraph (b) only if aid
41.14 amounts under paragraph (a) have been fully funded.
41.15 EFFECTIVE DATE: This section is effective July 1, 2001.
41.16 Sec. 12. Minnesota Statutes 1999 Supplement, section
41.17 126C.05, subdivision 5, is amended to read:
41.18 Subd. 5. [ADJUSTED PUPIL UNITS.] (a) Adjusted pupil units
41.19 for a district or charter school means the sum of:
41.20 (1) the number of pupil units served, according to
41.21 subdivision 7, plus
41.22 (2) pupil units according to subdivision 1 for whom the
41.23 district or charter school pays tuition under section 123A.18,
41.24 123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88,
41.25 subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or
41.26 125A.65, minus
41.27 (3) pupil units according to subdivision 1 for whom the
41.28 district or charter school receives tuition under section
41.29 123A.18, 123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88,
41.30 subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or
41.31 125A.65.
41.32 (b) Adjusted marginal cost pupil units means the greater of:
41.33 (1) the sum of .9 .77 times the pupil units defined in
41.34 paragraph (a) for the current school year and .1 .23 times the
41.35 pupil units defined in paragraph (a) for the previous school
41.36 year; or
42.1 (2) the number of adjusted pupil units defined in paragraph
42.2 (a) for the current school year.
42.3 Sec. 13. Minnesota Statutes 1999 Supplement, section
42.4 126C.05, subdivision 6, is amended to read:
42.5 Subd. 6. [RESIDENT PUPIL UNITS.] (a) Resident pupil units
42.6 for a district means the number of pupil units according to
42.7 subdivision 1 residing in the district.
42.8 (b) Resident marginal cost pupil units means the greater of:
42.9 (1) the sum of .9 .77 times the pupil units defined in
42.10 paragraph (a) for the current year and .1 .23 times the pupil
42.11 units defined in paragraph (a) for the previous school year; or
42.12 (2) the number of resident pupil units defined in paragraph
42.13 (a) for the current school year.
42.14 Sec. 14. Minnesota Statutes 1999 Supplement, section
42.15 126C.052, is amended to read:
42.16 126C.052 [CLASS SIZE, ALL-DAY KINDERGARTEN, AND SPECIAL
42.17 EDUCATION STUDENT-TO-INSTRUCTOR RATIO RESERVE.]
42.18 A district is required to reserve $3 in fiscal year 2000
42.19 and $11 in fiscal year 2001 and later per adjusted marginal cost
42.20 pupil unit for class size reduction, all-day kindergarten, or
42.21 for reducing special education student-to-instructor ratios.
42.22 The school board of each district must pass a resolution stating
42.23 which one of these three programs will be funded with this
42.24 reserve. The reserve amount under this section must be
42.25 allocated to the education site as defined in section 123B.04,
42.26 subdivision 1, according to a plan adopted by the school board.
42.27 EFFECTIVE DATE: This section is effective the day
42.28 following final enactment.
42.29 Sec. 15. Minnesota Statutes 1999 Supplement, section
42.30 126C.10, subdivision 2, is amended to read:
42.31 Subd. 2. [BASIC REVENUE.] The basic revenue for each
42.32 district equals the formula allowance times the resident
42.33 adjusted marginal cost pupil units for the school year. The
42.34 formula allowance for fiscal year 1998 is $3,581. The formula
42.35 allowance for fiscal year 1999 is $3,530. The formula allowance
42.36 for fiscal year 2000 is $3,740. The formula allowance for
43.1 fiscal year 2001 and subsequent fiscal years is $3,875 $3,964.
43.2 EFFECTIVE DATE: This section is effective the day
43.3 following final enactment.
43.4 Sec. 16. Minnesota Statutes 1999 Supplement, section
43.5 126C.10, subdivision 14, is amended to read:
43.6 Subd. 14. [USES OF TOTAL OPERATING CAPITAL REVENUE.] Total
43.7 operating capital revenue may be used only for the following
43.8 purposes:
43.9 (1) to acquire land for school purposes;
43.10 (2) to acquire or construct buildings for school purposes;
43.11 (3) to rent or lease buildings, including the costs of
43.12 building repair or improvement that are part of a lease
43.13 agreement;
43.14 (4) to improve and repair school sites and buildings, and
43.15 equip or reequip school buildings with permanent attached
43.16 fixtures, including library media centers;
43.17 (5) for a surplus school building that is used
43.18 substantially for a public nonschool purpose;
43.19 (6) to eliminate barriers or increase access to school
43.20 buildings by individuals with a disability;
43.21 (7) to bring school buildings into compliance with the
43.22 Uniform Fire Code adopted according to chapter 299F;
43.23 (8) to remove asbestos from school buildings, encapsulate
43.24 asbestos, or make asbestos-related repairs;
43.25 (9) to clean up and dispose of polychlorinated biphenyls
43.26 found in school buildings;
43.27 (10) to clean up, remove, dispose of, and make repairs
43.28 related to storing heating fuel or transportation fuels such as
43.29 alcohol, gasoline, fuel oil, and special fuel, as defined in
43.30 section 296A.01;
43.31 (11) for energy audits for school buildings and to modify
43.32 buildings if the audit indicates the cost of the modification
43.33 can be recovered within ten years;
43.34 (12) to improve buildings that are leased according to
43.35 section 123B.51, subdivision 4;
43.36 (13) to pay special assessments levied against school
44.1 property but not to pay assessments for service charges;
44.2 (14) to pay principal and interest on state loans for
44.3 energy conservation according to section 216C.37 or loans made
44.4 under the Northeast Minnesota Economic Protection Trust Fund Act
44.5 according to sections 298.292 to 298.298;
44.6 (15) to purchase or lease interactive telecommunications
44.7 equipment;
44.8 (16) by board resolution, to transfer money into the debt
44.9 redemption fund to: (i) pay the amounts needed to meet, when
44.10 due, principal and interest payments on certain obligations
44.11 issued according to chapter 475; or (ii) pay principal and
44.12 interest on debt service loans or capital loans according to
44.13 section 126C.70;
44.14 (17) to pay operating capital-related assessments of any
44.15 entity formed under a cooperative agreement between two or more
44.16 districts;
44.17 (18) to purchase or lease computers and related materials,
44.18 copying machines, telecommunications equipment, and other
44.19 noninstructional equipment;
44.20 (19) to purchase or lease assistive technology or equipment
44.21 for instructional programs;
44.22 (20) to purchase textbooks;
44.23 (21) to purchase new and replacement library books media
44.24 resources or technology;
44.25 (22) to purchase vehicles;
44.26 (23) to purchase or lease telecommunications equipment,
44.27 computers, and related equipment for integrated information
44.28 management systems for:
44.29 (i) managing and reporting learner outcome information for
44.30 all students under a results-oriented graduation rule;
44.31 (ii) managing student assessment, services, and achievement
44.32 information required for students with individual education
44.33 plans; and
44.34 (iii) other classroom information management needs; and
44.35 (24) to pay personnel costs directly related to the
44.36 acquisition, operation, and maintenance of telecommunications
45.1 systems, computers, related equipment, and network and
45.2 applications software.
45.3 EFFECTIVE DATE: This section is effective for the
45.4 2000-2001 and later school years.
45.5 Sec. 17. Minnesota Statutes 1999 Supplement, section
45.6 126C.10, subdivision 23, is amended to read:
45.7 Subd. 23. [REFERENDUM OFFSET ADJUSTMENT.] A district that
45.8 qualifies for the referendum allowance reduction under section
45.9 126C.17, subdivision 12, and whose referendum allowance under
45.10 section 126C.17, subdivision 1, as adjusted under section
45.11 126C.17, subdivisions 2 and 12, does not exceed the referendum
45.12 allowance limit under section 126C.17, subdivision 2, clause
45.13 (2), shall receive a referendum offset adjustment. In fiscal
45.14 year 2000 and thereafter, the referendum offset adjustment is
45.15 equal to $25 per resident adjusted marginal cost pupil unit.
45.16 EFFECTIVE DATE: This section is effective the day
45.17 following final enactment.
45.18 Sec. 18. Minnesota Statutes 1999 Supplement, section
45.19 126C.10, subdivision 24, is amended to read:
45.20 Subd. 24. [EQUITY REVENUE.] (a) A school district
45.21 qualifies for equity revenue if the school district's adjusted
45.22 marginal cost pupil unit amount of basic revenue, supplemental
45.23 revenue, transition revenue, and referendum revenue is less than
45.24 the value of the school district at or immediately above the
45.25 90th percentile of school districts in its equity region for
45.26 those revenue categories and the school district's
45.27 administrative offices are not located in a city of the first
45.28 class on July 1, 1999.
45.29 (b) Equity revenue for a qualifying district that receives
45.30 referendum revenue under section 126C.17, subdivision 4, equals
45.31 the product of (1) the district's adjusted marginal cost pupil
45.32 units for that year; times (2) the sum of (i) $10, plus (ii)
45.33 $30, times the school district's equity index computed under
45.34 section 126C.10, subdivision 6 27.
45.35 (c) Equity revenue for a qualifying district that does not
45.36 receive referendum revenue under section 126C.17, subdivision 4,
46.1 equals the product of the district's adjusted marginal cost
46.2 pupil units for that year times $10.
46.3 EFFECTIVE DATE: This section is effective for revenue in
46.4 fiscal year 2000.
46.5 Sec. 19. Minnesota Statutes 1999 Supplement, section
46.6 126C.10, subdivision 25, is amended to read:
46.7 Subd. 25. [REGIONAL EQUITY GAP.] The regional equity gap
46.8 equals the difference between the value of the school district
46.9 at or immediately above the fifth percentile of adjusted general
46.10 revenue per adjusted marginal cost pupil unit and the value of
46.11 the school district at or immediately above the 90th percentile
46.12 of adjusted general revenue per adjusted marginal cost pupil
46.13 unit.
46.14 EFFECTIVE DATE: This section is effective for revenue in
46.15 fiscal year 2000.
46.16 Sec. 20. Minnesota Statutes 1999 Supplement, section
46.17 126C.10, subdivision 26, is amended to read:
46.18 Subd. 26. [DISTRICT EQUITY GAP.] A district's equity gap
46.19 equals the greater of zero or the difference between the
46.20 district's adjusted general revenue and the value of the school
46.21 district at or immediately above the regional 90th percentile of
46.22 adjusted general revenue per adjusted marginal cost pupil unit.
46.23 EFFECTIVE DATE: This section is effective for revenue in
46.24 fiscal year 2000.
46.25 Sec. 21. Minnesota Statutes 1999 Supplement, section
46.26 126C.12, subdivision 1, is amended to read:
46.27 Subdivision 1. [REVENUE.] Of a district's general
46.28 education revenue for fiscal year 2000 and thereafter each
46.29 school district shall reserve an amount equal to the formula
46.30 allowance multiplied by the following calculation:
46.31 (1) the sum of adjusted marginal cost pupil units pupils in
46.32 average daily membership, according to section 126C.05,
46.33 subdivision 5, in kindergarten times .057; plus
46.34 (2) the sum of adjusted marginal cost pupil units pupils in
46.35 average daily membership, according to section 126C.05,
46.36 subdivision 5, in grades 1 to 3 times .115; plus
47.1 (3) the sum of adjusted marginal cost pupil units pupils in
47.2 average daily membership, according to section 126C.05,
47.3 subdivision 5, in grades 4 to 6 times .06.
47.4 EFFECTIVE DATE: This section is effective the day
47.5 following final enactment.
47.6 Sec. 22. Minnesota Statutes 1998, section 126C.16,
47.7 subdivision 3, is amended to read:
47.8 Subd. 3. [PER PUPIL REVENUE CONVERSION.] (a) The
47.9 department must convert each district's referendum revenue
47.10 authority for fiscal year 2002 and later years to an allowance
47.11 per pupil unit as follows: the revenue allowance equals the
47.12 amount determined by dividing the district's maximum revenue
47.13 under section 126C.17, for fiscal year 2001 by the district's
47.14 2000-2001 resident marginal cost pupil units. A district's
47.15 maximum revenue for all later years for which the revenue is
47.16 authorized equals the revenue allowance times the district's
47.17 resident marginal cost pupil units for that year.
47.18 (b) The referendum allowance reduction must be applied
47.19 first to the authority with the earliest expiration date.
47.20 Sec. 23. Minnesota Statutes 1999 Supplement, section
47.21 126C.17, subdivision 9, is amended to read:
47.22 Subd. 9. [REFERENDUM REVENUE.] (a) The revenue authorized
47.23 by section 126C.10, subdivision 1, may be increased in the
47.24 amount approved by the voters of the district at a referendum
47.25 called for the purpose. The referendum may be called by the
47.26 board or shall be called by the board upon written petition of
47.27 qualified voters of the district. The referendum must be
47.28 conducted one or two calendar years before the increased levy
47.29 authority, if approved, first becomes payable. Only one
47.30 election to approve an increase may be held in a calendar year.
47.31 Unless the referendum is conducted by mail under paragraph (g),
47.32 the referendum must be held on the first Tuesday after the first
47.33 Monday in November. The ballot must state the maximum amount of
47.34 the increased revenue per resident marginal cost pupil unit, the
47.35 estimated referendum tax rate as a percentage of referendum
47.36 market value in the first year it is to be levied, and that the
48.1 revenue must be used to finance school operations. The ballot
48.2 may state a schedule, determined by the board, of increased
48.3 revenue per resident marginal cost pupil units unit that differs
48.4 from year to year over the number of years for which the
48.5 increased revenue is authorized. If the ballot contains a
48.6 schedule showing different amounts, it must also indicate the
48.7 estimated referendum tax rate as a percent of referendum market
48.8 value for the amount specified for the first year and for the
48.9 maximum amount specified in the schedule. The ballot may state
48.10 that existing referendum levy authority is expiring. In this
48.11 case, the ballot may also compare the proposed levy authority to
48.12 the existing expiring levy authority, and express the proposed
48.13 increase as the amount, if any, over the expiring referendum
48.14 levy authority. The ballot must designate the specific number
48.15 of years, not to exceed ten, for which the referendum
48.16 authorization applies. The notice required under section 275.60
48.17 may be modified to read, in cases of renewing existing levies:
48.18 "BY VOTING "YES" ON THIS BALLOT QUESTION, YOU MAY BE VOTING
48.19 FOR A PROPERTY TAX INCREASE."
48.20 The ballot may contain a textual portion with the
48.21 information required in this subdivision and a question stating
48.22 substantially the following:
48.23 "Shall the increase in the revenue proposed by (petition
48.24 to) the board of ........., School District No. .., be approved?"
48.25 If approved, an amount equal to the approved revenue per
48.26 resident marginal cost pupil unit times the resident marginal
48.27 cost pupil units for the school year beginning in the year after
48.28 the levy is certified shall be authorized for certification for
48.29 the number of years approved, if applicable, or until revoked or
48.30 reduced by the voters of the district at a subsequent referendum.
48.31 (b) The board must prepare and deliver by first class mail
48.32 at least 15 days but no more than 30 days before the day of the
48.33 referendum to each taxpayer a notice of the referendum and the
48.34 proposed revenue increase. The board need not mail more than
48.35 one notice to any taxpayer. For the purpose of giving mailed
48.36 notice under this subdivision, owners must be those shown to be
49.1 owners on the records of the county auditor or, in any county
49.2 where tax statements are mailed by the county treasurer, on the
49.3 records of the county treasurer. Every property owner whose
49.4 name does not appear on the records of the county auditor or the
49.5 county treasurer is deemed to have waived this mailed notice
49.6 unless the owner has requested in writing that the county
49.7 auditor or county treasurer, as the case may be, include the
49.8 name on the records for this purpose. The notice must project
49.9 the anticipated amount of tax increase in annual dollars and
49.10 annual percentage for typical residential homesteads,
49.11 agricultural homesteads, apartments, and commercial-industrial
49.12 property within the school district.
49.13 The notice for a referendum may state that an existing
49.14 referendum levy is expiring and project the anticipated amount
49.15 of increase over the existing referendum levy in the first year,
49.16 if any, in annual dollars and annual percentage for typical
49.17 residential homesteads, agricultural homesteads, apartments, and
49.18 commercial-industrial property within the district.
49.19 The notice must include the following statement: "Passage
49.20 of this referendum will result in an increase in your property
49.21 taxes." However, in cases of renewing existing levies, the
49.22 notice may include the following statement: "Passage of this
49.23 referendum may result in an increase in your property taxes."
49.24 (c) A referendum on the question of revoking or reducing
49.25 the increased revenue amount authorized pursuant to paragraph
49.26 (a) may be called by the board and shall be called by the board
49.27 upon the written petition of qualified voters of the district.
49.28 A referendum to revoke or reduce the levy amount must be based
49.29 upon the dollar amount, local tax rate, or amount per resident
49.30 marginal cost pupil unit, that was stated to be the basis for
49.31 the initial authorization. Revenue approved by the voters of
49.32 the district pursuant to paragraph (a) must be received at least
49.33 once before it is subject to a referendum on its revocation or
49.34 reduction for subsequent years. Only one revocation or
49.35 reduction referendum may be held to revoke or reduce referendum
49.36 revenue for any specific year and for years thereafter.
50.1 (d) A petition authorized by paragraph (a) or (c) is
50.2 effective if signed by a number of qualified voters in excess of
50.3 15 percent of the registered voters of the district on the day
50.4 the petition is filed with the board. A referendum invoked by
50.5 petition must be held on the date specified in paragraph (a).
50.6 (e) The approval of 50 percent plus one of those voting on
50.7 the question is required to pass a referendum authorized by this
50.8 subdivision.
50.9 (f) At least 15 days before the day of the referendum, the
50.10 district must submit a copy of the notice required under
50.11 paragraph (b) to the commissioner and to the county auditor of
50.12 each county in which the district is located. Within 15 days
50.13 after the results of the referendum have been certified by the
50.14 board, or in the case of a recount, the certification of the
50.15 results of the recount by the canvassing board, the district
50.16 must notify the commissioner of the results of the referendum.
50.17 (g) Except for a referendum held under subdivision 11, any
50.18 referendum under this section held on a day other than the first
50.19 Tuesday after the first Monday in November must be conducted by
50.20 mail in accordance with section 204B.46. Notwithstanding
50.21 paragraph (b) to the contrary, in the case of a referendum
50.22 conducted by mail under this paragraph, the notice required by
50.23 paragraph (b) must be prepared and delivered by first class mail
50.24 at least 20 days before the referendum.
50.25 EFFECTIVE DATE: This section is effective the day
50.26 following final enactment.
50.27 Sec. 24. Minnesota Statutes 1999 Supplement, section
50.28 126C.44, as amended by Laws 2000, chapter 254, section 44, is
50.29 amended to read:
50.30 126C.44 [CRIME-RELATED COSTS LEVY.]
50.31 Each district may make a levy on all taxable property
50.32 located within the district for the purposes specified in this
50.33 subdivision section. The maximum amount which may be levied for
50.34 all costs under this subdivision section shall be equal to
50.35 $1.50 $11.00 multiplied by the population of the school district
50.36 district's adjusted marginal cost pupil units for the school
51.1 year. For purposes of this subdivision, "population" of the
51.2 school district means the same as contained in section 275.14.
51.3 The proceeds of the levy must be used for directly funding the
51.4 following purposes or for reimbursing the cities and counties
51.5 who contract with the district for the following purposes: (1)
51.6 to pay the costs incurred for the salaries, benefits, and
51.7 transportation costs of peace officers and sheriffs for
51.8 liaison in services in the district's middle and secondary
51.9 schools; (2) to pay the costs for a drug abuse prevention
51.10 program as defined in section 609.101, subdivision 3, paragraph
51.11 (e), in the elementary schools; (3) to pay the costs for a gang
51.12 resistance education training curriculum in the middle
51.13 district's schools; or (4) to pay the costs for security in the
51.14 districts' schools and on school property; or (5) to pay the
51.15 costs for other crime prevention and, drug abuse, student and
51.16 staff safety, and violence prevention measures taken by the
51.17 school district. The district must initially attempt to
51.18 contract for services to be provided by peace officers or
51.19 sheriffs with the police department of each city or the
51.20 sheriff's department of the county within the district
51.21 containing the school receiving the services. If a local police
51.22 department or a county sheriff's department does not wish to
51.23 provide the necessary services, the district may contract for
51.24 these services with any other police or sheriff's department
51.25 located entirely or partially within the school district's
51.26 boundaries. The levy authorized under this subdivision section
51.27 is not included in determining the school district's levy
51.28 limitations.
51.29 EFFECTIVE DATE: This section is effective July 1, 2000,
51.30 for levies for taxes payable in 2001 and later.
51.31 Sec. 25. Minnesota Statutes 1999 Supplement, section
51.32 127A.45, subdivision 12a, is amended to read:
51.33 Subd. 12a. [FORWARD SHIFTED AID PAYMENTS.] (a) Nineteen
51.34 percent of the state aid in fiscal year 1999, and 31 percent of
51.35 the state aid in fiscal years 2000 and later received under
51.36 section 124D.86 must be paid by the state to the recipient
52.1 school district on July 15 of that year. The recipient school
52.2 district must recognize this aid in the same fiscal year as the
52.3 levy is recognized.
52.4 (b) One hundred percent of the state aid in fiscal years
52.5 2003 and later received under section 124D.87 must be paid by
52.6 the state to the recipient school district on August 30 of that
52.7 year. The recipient school district must recognize this aid in
52.8 the previous fiscal year.
52.9 Sec. 26. Minnesota Statutes 1999 Supplement, section
52.10 127A.51, is amended to read:
52.11 127A.51 [STATEWIDE AVERAGE REVENUE.]
52.12 By October 1 of each year the commissioner must estimate
52.13 the statewide average adjusted general revenue per adjusted
52.14 marginal cost pupil unit and the disparity in adjusted general
52.15 revenue among pupils and districts by computing the ratio of the
52.16 ninety-fifth percentile to the fifth percentile of adjusted
52.17 general revenue. The commissioner must provide that information
52.18 to all districts.
52.19 If the disparity in adjusted general revenue as measured by
52.20 the ratio of the ninety-fifth percentile to the fifth percentile
52.21 increases in any year, the commissioner shall recommend to the
52.22 legislature options for change in the general education formula
52.23 that will limit the disparity in adjusted general revenue to no
52.24 more than the disparity for the previous school year. The
52.25 commissioner must submit the recommended options to the
52.26 education committees of the legislature by January 15.
52.27 For purposes of this section and section 126C.10, adjusted
52.28 general revenue means the sum of basic revenue under section
52.29 126C.10, subdivision 2; supplemental revenue under section
52.30 126C.10, subdivisions 9 and 12; transition revenue under section
52.31 126C.10, subdivision 20; and referendum revenue under section
52.32 126C.17.
52.33 EFFECTIVE DATE: This section is effective the day
52.34 following final enactment.
52.35 Sec. 27. Minnesota Statutes 1998, section 128D.11,
52.36 subdivision 3, is amended to read:
53.1 Subd. 3. [NO ELECTION.] Subject to the provisions of
53.2 subdivisions 7 to 10, the school district may also by a
53.3 two-thirds majority vote of all the members of its board of
53.4 education and without any election by the voters of the
53.5 district, issue and sell in each calendar year general
53.6 obligation bonds of the district in an amount not to exceed
53.7 5-1/10 per cent of the net tax capacity of the taxable property
53.8 in the district (plus, for calendar years 1990 to 2003, an
53.9 amount not to exceed $7,500,000, and for calendar years 2004 to
53.10 2008 an amount not to exceed $15,000,000; with an additional
53.11 provision that any amount of bonds so authorized for sale in a
53.12 specific year and not sold can be carried forward and sold in
53.13 the year immediately following).
53.14 Sec. 28. Laws 1992, chapter 499, article 7, section 31, as
53.15 amended by Laws 1998, chapter 398, article 1, section 39, and
53.16 Laws 1999, chapter 241, article 1, section 31, is amended to
53.17 read:
53.18 Sec. 31. [REPEALER.]
53.19 Minnesota Statutes 1990, sections 124A.02, subdivision 24;
53.20 124A.23, subdivisions 2 and 3; 124A.26, subdivisions 2 and 3;
53.21 124A.27; 124A.28; and 124A.29, subdivision 2; and Minnesota
53.22 Statutes 1991 Supplement, sections 124A.02, subdivisions 16 and
53.23 23; 124A.03, subdivisions 1b, 1c, 1d, 1e, 1f, 1g, 1h, and 1i;
53.24 124A.04; 124A.22, subdivisions 2, 3, 4, 4a, 4b, 8, and 9;
53.25 124A.23, subdivisions 1, 4, and 5; 124A.24; 124A.26, subdivision
53.26 1; and 124A.29, subdivision 1, are repealed effective June 30,
53.27 2001 2004; Laws 1991, chapter 265, article 7, section 35, is
53.28 repealed.
53.29 Sec. 29. Laws 1992, chapter 499, article 7, section 32, is
53.30 amended to read:
53.31 Sec. 32. [EFFECTIVE DATE.]
53.32 Sections 1, 9, 14, 18, 19, 20, 21, 22, 23, and 30 are
53.33 effective the day following final enactment. Sections 4 to 8
53.34 are effective for revenue for fiscal year 2000 2002.
53.35 Sec. 30. Laws 1999, chapter 241, article 1, section 68,
53.36 subdivision 2, is amended to read:
54.1 Subd. 2. [GENERAL AND SUPPLEMENTAL EDUCATION AID.] For
54.2 general and supplemental education aid:
54.3 $3,062,321,000 $3,066,166,000 ..... 2000
54.4 $3,160,518,000 $3,247,635,000 ..... 2001
54.5 The 2000 appropriation includes $272,186,000 for 1999 and
54.6 $2,790,135,000 $2,793,980,000 for 2000.
54.7 The 2001 appropriation includes $310,015,000 $310,442,000
54.8 for 2000 and $2,850,503,000 $2,937,193,000 for 2001.
54.9 Sec. 31. Laws 1999, chapter 241, article 1, section 68,
54.10 subdivision 4, is amended to read:
54.11 Subd. 4. [TRANSPORTATION AID FOR ENROLLMENT OPTIONS.] For
54.12 transportation of pupils attending post-secondary institutions
54.13 according to Minnesota Statutes, section 124D.09, or for
54.14 transportation of pupils attending nonresident districts
54.15 according to Minnesota Statutes, section 124D.03:
54.16 $102,000 $70,000 ..... 2000
54.17 $102,000 $70,000 ..... 2001
54.18 Any balance in the first year does not cancel but is
54.19 available in the second year.
54.20 EFFECTIVE DATE: This section is effective the day
54.21 following final enactment.
54.22 Sec. 32. Laws 1999, chapter 241, article 1, section 68,
54.23 subdivision 5, is amended to read:
54.24 Subd. 5. [DISTRICT COOPERATION REVENUE.] For district
54.25 cooperation revenue aid:
54.26 $5,940,000 $5,881,000 ..... 2000
54.27 $ 563,000 $ 556,000 ..... 2001
54.28 The 2000 appropriation includes $869,000 for 1999 and
54.29 $5,071,000 $5,012,000 for 2000.
54.30 The 2001 appropriation includes $563,000 $556,000 for 2000
54.31 and $0 for 2001.
54.32 EFFECTIVE DATE: This section is effective the day
54.33 following final enactment.
54.34 Sec. 33. Laws 1999, chapter 241, article 1, section 70, is
54.35 amended to read:
54.36 Sec. 70. [EFFECTIVE DATES.]
55.1 Sections 13, 14, 26, 30, 37, and 39 are effective for
55.2 revenue for fiscal year 2000 and later. Section 41 is effective
55.3 for revenue for fiscal year 2001 and later. Sections 46, 47,
55.4 and 55 to 60 are effective the day following final enactment.
55.5 Section 61 is effective for taxes payable in 2000 and later.
55.6 EFFECTIVE DATE: This section is effective the day
55.7 following final enactment.
55.8 Sec. 34. [TRAINING AND EXPERIENCE REPLACEMENT REVENUE.]
55.9 (a) For fiscal year 2001 only, a school district's training
55.10 and experience replacement revenue equals the sum of the
55.11 following:
55.12 (1) the ratio of the amount of training and experience
55.13 revenue the district would have received for fiscal year 1999
55.14 calculated using the training and experience index in Minnesota
55.15 Statutes 1996, section 124A.04, to its resident pupil units for
55.16 that year, times the district's adjusted marginal cost pupil
55.17 units for fiscal year 2001, times .06; plus
55.18 (2) the difference between .47 times the training and
55.19 experience revenue the district would have received for fiscal
55.20 year 1999, calculated using the training and experience index in
55.21 Minnesota Statutes 1996, section 124A.04, and the amount
55.22 calculated in Minnesota Statutes, section 126C.10, subdivision
55.23 5, for fiscal year 2001, but not less than zero.
55.24 (b) This revenue is paid entirely in fiscal year 2001.
55.25 Sec. 35. [LEVY RECOGNITION FOR INTEGRATION LEVY
55.26 ADJUSTMENT.]
55.27 Notwithstanding Minnesota Statutes, section 123B.75,
55.28 subdivision 5, the full amount of integration levy for taxes
55.29 payable in 2001, attributable to fiscal year 2001, for school
55.30 districts receiving revenue under Minnesota Statutes, section
55.31 124D.86, subdivision 3, clause (4), shall be recognized in
55.32 fiscal year 2001.
55.33 Sec. 36. [FISCAL YEARS 2003 TO 2007 AIRPORT RUNWAY IMPACT
55.34 PUPIL UNIT AID; RICHFIELD.]
55.35 Subdivision 1. [AIRPORT IMPACT ZONE PUPIL UNITS,
55.36 DEFINITION.] For the purposes of this section, "airport impact
56.1 zone pupil units" means the number of pupil units, according to
56.2 Minnesota Statutes 1999 Supplement, section 126C.05, subdivision
56.3 1, in school year 1998-1999 that were attributable to the
56.4 airport impact zone, as defined in Laws 1999, chapter 243,
56.5 article 16, section 35, subdivision 1.
56.6 Subd. 2. [FISCAL YEAR 2003.] For fiscal year 2003 only,
56.7 independent school district No. 280, Richfield, is eligible for
56.8 declining pupil unit aid equal to the product of 70 percent of
56.9 the airport impact zone pupil units times the general education
56.10 formula allowance for fiscal year 2003.
56.11 Subd. 3. [FISCAL YEAR 2004.] For fiscal year 2004 only,
56.12 independent school district No. 280, Richfield, is eligible for
56.13 declining pupil unit aid equal to the product of 70 percent of
56.14 the airport impact zone pupil units times the general education
56.15 formula allowance for fiscal year 2004.
56.16 Subd. 4. [FISCAL YEAR 2005.] For fiscal year 2005 only,
56.17 independent school district No. 280, Richfield, is eligible for
56.18 declining pupil unit aid equal to the product of 52.5 percent of
56.19 the airport impact zone pupil units times the general education
56.20 formula allowance for fiscal year 2005.
56.21 Subd. 5. [FISCAL YEAR 2006.] For fiscal year 2006 only,
56.22 independent school district No. 280, Richfield, is eligible for
56.23 declining pupil unit aid equal to the product of 35 percent of
56.24 the airport impact zone pupil units times the general education
56.25 formula allowance for fiscal year 2006.
56.26 Subd. 6. [FISCAL YEAR 2007.] For fiscal year 2007 only,
56.27 independent school district No. 280, Richfield, is eligible for
56.28 declining pupil unit aid equal to the product of 17.5 percent of
56.29 the airport impact zone pupil units times the general education
56.30 formula allowance for fiscal year 2007.
56.31 EFFECTIVE DATE: This section is effective the day
56.32 following final enactment.
56.33 Sec. 37. [SPARSITY CORRECTION REVENUE.]
56.34 Subdivision 1. [QUALIFICATION FOR REVENUE.] A school
56.35 district qualifies for sparsity correction revenue if it
56.36 qualifies for sparsity revenue, according to Minnesota Statutes,
57.1 section 126C.10, subdivisions 7 and 8, in fiscal year 2000 or
57.2 2001 and the amount of sparsity revenue it received in those
57.3 years is less than the amount it would have received in fiscal
57.4 year 2000 or 2001 prior to the passage of Laws 1999, chapter
57.5 241, article 1, sections 18 and 19.
57.6 Subd. 2. [FISCAL YEAR 2000 CALCULATION.] For fiscal year
57.7 2000, a school district's sparsity correction revenue equals the
57.8 difference between sparsity revenue in fiscal year 2000
57.9 calculated according to Laws 1999, chapter 241, article 1,
57.10 sections 18 and 19, and the sparsity revenue the district would
57.11 have received for fiscal year 2000 had these sections of law not
57.12 been approved.
57.13 Subd. 3. [FISCAL YEAR 2001 CALCULATION.] For fiscal year
57.14 2001, a school district's sparsity correction revenue equals .5
57.15 times the difference between sparsity revenue in fiscal year
57.16 2001 calculated according to Laws 1999, chapter 241, article 1,
57.17 sections 18 and 19, and the sparsity revenue the district would
57.18 have received for fiscal year 2001 had these sections of law not
57.19 been approved.
57.20 Sec. 38. [SEVERANCE LEVY; MESABI EAST.]
57.21 Independent school district No. 2711, Mesabi East, may levy
57.22 an amount up to $250,000 each year for a period of five years
57.23 for severance and early retirement incentives for licensed
57.24 employees who have retired early as a result of the district's
57.25 combination that was effective July 1, 1991.
57.26 EFFECTIVE DATE: This section is effective for taxes
57.27 payable in 2001 and later years.
57.28 Sec. 39. [APPROPRIATIONS.]
57.29 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
57.30 LEARNING.] The sums indicated in this section are appropriated
57.31 from the general fund to the department of children, families,
57.32 and learning for the fiscal years designated.
57.33 Subd. 2. [SPARSITY CORRECTION REVENUE.] For sparsity
57.34 correction revenue:
57.35 $1,030,000 ..... 2000
57.36 $ 515,000 ..... 2001
58.1 Subd. 3. [TRAINING AND EXPERIENCE REPLACEMENT
58.2 REVENUE.] For training and experience replacement revenue:
58.3 $30,794,000 ..... 2001
58.4 EFFECTIVE DATE: This section is effective the day
58.5 following final enactment.
58.6 ARTICLE 3
58.7 KINDERGARTEN THROUGH GRADE 12 EDUCATION
58.8 SPECIAL PROGRAMS
58.9 Section 1. Minnesota Statutes 1999 Supplement, section
58.10 122A.31, subdivision 1, is amended to read:
58.11 Subdivision 1. [REQUIREMENTS FOR AMERICAN SIGN
58.12 LANGUAGE/ENGLISH INTERPRETERS.] (a) In addition to any other
58.13 requirements that a school district establishes, any person
58.14 employed to provide American sign language/English interpreting
58.15 or sign transliterating services on a full-time or part-time
58.16 basis for a school district after July 1, 2000, must:
58.17 (1) hold current interpreter and transliterator
58.18 certificates awarded by the Registry of Interpreters for the
58.19 Deaf (RID), or the general level interpreter proficiency
58.20 certificate awarded by the National Association of the
58.21 Deaf (NAD), or a comparable state certification from the
58.22 commissioner of children, families, and learning; and
58.23 (2) satisfactorily complete an interpreter/transliterator
58.24 training program affiliated with an accredited educational
58.25 institution.
58.26 (b) To provide American sign language/English interpreting
58.27 or transliterating services on a full-time or part-time basis, a
58.28 person employed in a school district during the 1999-2000 school
58.29 year must only comply with paragraph (a), clause (1). The
58.30 commissioner shall grant a nonrenewable, one-year provisional
58.31 certificate to individuals who have not attained a current
58.32 applicable transliterator certificate pursuant to paragraph (a),
58.33 clause (1). During the one-year provisional period, the
58.34 interpreter/transliterator must develop and implement an
58.35 education plan in collaboration with a mentor under paragraph
58.36 (d). This paragraph shall expire on June 30, 2001.
59.1 (c) Graduates of an interpreter/transliterator program
59.2 affiliated with an accredited education institution shall be
59.3 granted a two-year provisional certificate by the commissioner.
59.4 During the two-year provisional period, the
59.5 interpreter/transliterator must develop and implement an
59.6 education plan in collaboration with a mentor under paragraph
59.7 (d). This paragraph applies to spring semester 2000 graduates
59.8 and thereafter.
59.9 (d) A mentor of a provisionally certified
59.10 interpreter/transliterator must be an interpreter/transliterator
59.11 who has either NAD level IV or V certification or RID certified
59.12 interpreter and certified transliterator certification and have
59.13 at least three years interpreting/transliterating experience in
59.14 any educational setting. The mentor, in collaboration with the
59.15 provisionally certified interpreter/transliterator, shall
59.16 develop and implement an educational plan designed to meet the
59.17 requirements of paragraph (a), clause (1), and include a weekly
59.18 on-site mentoring process.
59.19 (e) A school district may not employ an
59.20 interpreter/transliterator who has not been certified under
59.21 paragraphs (a), (b), or (c).
59.22 Sec. 2. Minnesota Statutes 1998, section 122A.31,
59.23 subdivision 4, is amended to read:
59.24 Subd. 4. [REIMBURSEMENT.] (a) For purposes of revenue
59.25 under sections 125A.77 and section 125A.78, the department of
59.26 children, families, and learning must only reimburse school
59.27 districts for the services of those interpreters/transliterators
59.28 who satisfy the standards of competency under this section.
59.29 (b) Notwithstanding paragraph (a), a district shall be
59.30 reimbursed for the services of interpreters with a nonrenewable
59.31 provisional certificate and interpreters/transliterators
59.32 employed to mentor the provisional certified interpreters.
59.33 Sec. 3. Minnesota Statutes 1999 Supplement, section
59.34 124D.68, subdivision 9, is amended to read:
59.35 Subd. 9. [ENROLLMENT VERIFICATION.] (a) For a pupil
59.36 attending an eligible program full time under subdivision 3,
60.1 paragraph (d), the department must pay 90 percent of the
60.2 district's average general education revenue less basic skills
60.3 revenue to the eligible program and ten percent of the
60.4 district's average general education revenue less basic skills
60.5 revenue to the resident contracting district within 30 days
60.6 after the eligible program verifies enrollment using the form
60.7 provided by the department. For a pupil attending an eligible
60.8 program part time, revenue shall be reduced proportionately,
60.9 according to the amount of time the pupil attends the program,
60.10 and the payments to the eligible program and the resident
60.11 contracting district shall be reduced accordingly. A pupil for
60.12 whom payment is made according to this section may not be
60.13 counted by any district for any purpose other than computation
60.14 of general education revenue. If payment is made for a pupil
60.15 under this subdivision, a district shall not reimburse a program
60.16 under section 124D.69 for the same pupil. Basic skills revenue
60.17 shall be paid according to section 126C.10, subdivision 4.
60.18 (b) The department must pay up to 100 percent of the
60.19 revenue to the eligible program if there is an agreement to that
60.20 effect between the school district and the eligible program.
60.21 (c) Notwithstanding paragraphs (a) and (b), for an eligible
60.22 program that provides chemical treatment services to students,
60.23 the department must pay 100 percent of the revenue to the
60.24 eligible program.
60.25 EFFECTIVE DATE: This section is effective the day
60.26 following final enactment.
60.27 Sec. 4. Minnesota Statutes 1999 Supplement, section
60.28 124D.84, subdivision 1, is amended to read:
60.29 Subdivision 1. [AWARDS.] The commissioner, with the advice
60.30 and counsel of the Minnesota Indian scholarship committee, may
60.31 award scholarships to any Minnesota resident student who is of
60.32 one-fourth or more Indian ancestry, who has applied for other
60.33 existing state and federal scholarship and grant programs, and
60.34 who, in the opinion of the commissioner, has the capabilities to
60.35 benefit from further education. Scholarships must be
60.36 for advanced or specialized education accredited degree programs
61.1 in accredited colleges or universities or for courses in
61.2 accredited or approved colleges or in business, technical, or
61.3 vocational schools. Scholarships shall be used to defray the
61.4 total cost of education including tuition, incidental fees,
61.5 books, supplies, transportation, other related school costs and
61.6 the cost of board and room and shall be paid directly to the
61.7 college or school concerned. The total cost of education
61.8 includes all tuition and fees for each student enrolling in a
61.9 public institution and the portion of tuition and fees for each
61.10 student enrolling in a private institution that does not exceed
61.11 the tuition and fees at a comparable public institution. Each
61.12 student shall be awarded a scholarship based on the total cost
61.13 of the student's education and a standardized need analysis.
61.14 The amount and type of each scholarship shall be determined
61.15 through the advice and counsel of the Minnesota Indian
61.16 scholarship committee.
61.17 When an Indian student satisfactorily completes the work
61.18 required by a certain college or school in a school year the
61.19 student is eligible for additional scholarships, if additional
61.20 training is necessary to reach the student's educational and
61.21 vocational objective. Scholarships may not be given to any
61.22 Indian student for more than five years of study without special
61.23 approval of the Minnesota Indian scholarship committee.
61.24 Sec. 5. Minnesota Statutes 1999 Supplement, section
61.25 124D.88, subdivision 3, is amended to read:
61.26 Subd. 3. [GRANT APPLICATION PROCESS.] (a) Any group of
61.27 school districts that meets the criteria required under
61.28 paragraph (b)(1) may apply for a magnet school grant in an
61.29 amount not to exceed $20,800,000 for the approved costs or
61.30 expansion of a magnet school facility.
61.31 (b)(1) Any group of districts that submits an application
61.32 for a grant shall submit a proposal to the commissioner for
61.33 review and comment under section 123B.71, and the commissioner
61.34 shall prepare a review and comment on the proposed magnet school
61.35 facility, regardless of the amount of the capital expenditure
61.36 required to design, acquire, construct, remodel, improve,
62.1 furnish, or equip the facility. The commissioner must not
62.2 approve an application for a magnet school grant for any
62.3 facility unless the facility receives a favorable review and
62.4 comment under section 123B.71 and the participating districts:
62.5 (i) establish a joint powers board under section 471.59 to
62.6 represent all participating districts and govern the magnet
62.7 school facility;
62.8 (ii) design the planned magnet school facility to meet the
62.9 applicable requirements contained in Minnesota Rules, chapter
62.10 3535;
62.11 (iii) submit a statement of need, including reasons why the
62.12 magnet school will facilitate integration and improve learning;
62.13 (iv) prepare an educational plan that includes input from
62.14 both community and professional staff; and
62.15 (v) develop an education program that will improve learning
62.16 opportunities for students attending the magnet school.
62.17 (2) The districts may develop a plan that permits social
62.18 service, health, and other programs serving students and
62.19 community residents to be located within the magnet school
62.20 facility. The commissioner shall consider this plan when
62.21 preparing a review and comment on the proposed facility.
62.22 (c) When two or more districts enter into an agreement
62.23 establishing a joint powers board to govern the magnet school
62.24 facility, all member districts shall have the same powers.
62.25 (d) A joint powers board of participating school districts
62.26 established under paragraphs (b) and (c) that intends to apply
62.27 for a grant must adopt a resolution stating the costs of the
62.28 proposed project, the purpose for which the debt is to be
62.29 incurred, and an estimate of the dates when the contracts for
62.30 the proposed project will be completed. A copy of the
62.31 resolution must accompany any application for a state grant
62.32 under this section.
62.33 (e)(1) The commissioner shall examine and consider all
62.34 grant applications. If the commissioner finds that any joint
62.35 powers district is not a qualified grant applicant, the
62.36 commissioner shall promptly notify that joint powers board. The
63.1 commissioner shall make awards to no more than two qualified
63.2 applicants whose applications have been on file with the
63.3 commissioner more than 30 days.
63.4 (2) A grant award is subject to verification by the joint
63.5 powers board under paragraph (f). A grant award must not be
63.6 made until the participating districts determine the site of the
63.7 magnet school facility. If the total amount of the approved
63.8 applications exceeds the amount of grant funding that is or can
63.9 be made available, the commissioner shall allot the available
63.10 amount equally between the approved applicant districts. The
63.11 commissioner shall promptly certify to each qualified joint
63.12 powers board the amount, if any, of the grant awarded to it.
63.13 (f) Each grant must be evidenced by a contract between the
63.14 joint powers board and the state acting through the
63.15 commissioner. The contract obligates the state to pay to the
63.16 joint powers board an amount computed according to paragraph
63.17 (e)(2) and a schedule, and terms and conditions acceptable to
63.18 the commissioner of finance.
63.19 (g) Notwithstanding the provisions of section 123B.02,
63.20 subdivision 3, the joint powers and its individual members may
63.21 enter into long-term lease agreements as part of the magnet
63.22 school program.
63.23 EFFECTIVE DATE: This section is effective the day
63.24 following final enactment.
63.25 Sec. 6. Minnesota Statutes 1998, section 124D.88, is
63.26 amended by adding a subdivision to read:
63.27 Subd. 4. [START-UP COSTS.] During the first two years of a
63.28 metropolitan magnet school's operation, the school is eligible
63.29 for aid to pay for start-up costs and additional operating
63.30 costs. Start-up cost aid equals $500 times the magnet school's
63.31 pupil units served for that year.
63.32 Sec. 7. Minnesota Statutes 1998, section 124D.892,
63.33 subdivision 3, is amended to read:
63.34 Subd. 3. [ADVISORY BOARD.] The commissioner shall
63.35 establish an advisory board composed of:
63.36 (1) eight nine superintendents, each of whom eight shall be
64.1 selected by the superintendents of the school districts located
64.2 in whole or in part within each of the eight metropolitan
64.3 districts established under section 473.123, subdivision 3c, and
64.4 one superintendent of a district outside the seven-county
64.5 metropolitan area and is from a district that is considered
64.6 racially isolated or has a racially isolated school site
64.7 according to Minnesota Rules, part 3535.0110; and
64.8 (2) one person each selected by the Indian affairs council,
64.9 the council on Asian-Pacific Minnesotans, the council on Black
64.10 Minnesotans, and the council on affairs of Chicano/Latino
64.11 people; and
64.12 (3) the superintendent of independent school district No.
64.13 709, Duluth.
64.14 The advisory board shall advise the office on complying
64.15 with the requirements under subdivision 1. The advisory board
64.16 may solicit comments from teachers, parents, students, and
64.17 interested community organizations and others.
64.18 Sec. 8. Minnesota Statutes 1999 Supplement, section
64.19 125A.027, subdivision 3, is amended to read:
64.20 Subd. 3. [IMPLEMENTATION TIMELINE.] By July 1, 2000, the
64.21 individual interagency intervention plan must be available and
64.22 by January 1, 2001, all governing boards of interagency early
64.23 intervention committees statewide must implement a coordinated
64.24 service system for children up to age five with disabilities
64.25 consistent with the requirements of this section and section
64.26 125A.023 and the evaluation results from the demonstration
64.27 projects under section 125A.023, subdivision 5. Children with
64.28 disabilities up to the age of 21 shall be eligible for
64.29 coordinated services and their eligibility to receive such
64.30 services under this section shall be phased in over a four-year
64.31 period as follows:
64.32 (1) July 1, 2001, children up to age nine become eligible;
64.33 (2) July 1, 2002, children up to age 14 become eligible;
64.34 and
64.35 (3) July 1, 2003, children up to age 21 become eligible.
64.36 Sec. 9. Minnesota Statutes 1999 Supplement, section
65.1 125A.15, is amended to read:
65.2 125A.15 [PLACEMENT IN ANOTHER DISTRICT; RESPONSIBILITY.]
65.3 The responsibility for special instruction and services for
65.4 a child with a disability temporarily placed in another district
65.5 for care and treatment shall be determined in the following
65.6 manner:
65.7 (a) The district of residence of a child shall be the
65.8 district in which the child's parent resides, if living, or the
65.9 child's guardian, or the district designated by the commissioner
65.10 if neither parent nor guardian is living within the state.
65.11 (b) When a child is temporarily placed for care and
65.12 treatment in a day program located in another district and the
65.13 child continues to live within the district of residence during
65.14 the care and treatment, the district of residence is responsible
65.15 for providing transportation to and from the care and treatment
65.16 facility and an appropriate educational program for the child.
65.17 Transportation shall only be provided by the district during
65.18 regular operating hours of the district. The district may
65.19 provide the educational program at a school within the district
65.20 of residence, at the child's residence, or in the district in
65.21 which the day treatment center is located by paying tuition to
65.22 that district.
65.23 (c) When a child is temporarily placed in a residential
65.24 program for care and treatment, the nonresident district in
65.25 which the child is placed is responsible for providing an
65.26 appropriate educational program for the child and necessary
65.27 transportation while the child is attending the educational
65.28 program; and must bill the district of the child's residence for
65.29 the actual cost of providing the program, as outlined in section
65.30 125A.11, except as provided in paragraph (d). However, the
65.31 board, lodging, and treatment costs incurred in behalf of a
65.32 child with a disability placed outside of the school district of
65.33 residence by the commissioner of human services or the
65.34 commissioner of corrections or their agents, for reasons other
65.35 than providing for the child's special educational needs must
65.36 not become the responsibility of either the district providing
66.1 the instruction or the district of the child's residence. For
66.2 the purposes of this section, the state correctional facilities
66.3 operated on a fee-for-service basis are considered to be
66.4 residential programs for care and treatment.
66.5 (d) A privately owned and operated residential facility may
66.6 enter into a contract to obtain appropriate educational programs
66.7 for special education children and services with a joint powers
66.8 entity. The entity with which the private facility contracts
66.9 for special education services shall be the district responsible
66.10 for providing students placed in that facility an appropriate
66.11 educational program in place of the district in which the
66.12 facility is located. If a privately owned and operated
66.13 residential facility does not enter into a contract under this
66.14 paragraph, then paragraph (c) applies.
66.15 (e) The district of residence shall pay tuition and other
66.16 program costs, not including transportation costs, to the
66.17 district providing the instruction and services. The district
66.18 of residence may claim general education aid for the child as
66.19 provided by law. Transportation costs must be paid by the
66.20 district responsible for providing the transportation and the
66.21 state must pay transportation aid to that district.
66.22 Sec. 10. Minnesota Statutes 1999 Supplement, section
66.23 125A.51, is amended to read:
66.24 125A.51 [PLACEMENT OF CHILDREN WITHOUT DISABILITIES;
66.25 EDUCATION AND TRANSPORTATION.]
66.26 The responsibility for providing instruction and
66.27 transportation for a pupil without a disability who has a
66.28 short-term or temporary physical or emotional illness or
66.29 disability, as determined by the standards of the commissioner,
66.30 and who is temporarily placed for care and treatment for that
66.31 illness or disability, must be determined as provided in this
66.32 section.
66.33 (a) The school district of residence of the pupil is the
66.34 district in which the pupil's parent or guardian resides.
66.35 (b) When parental rights have been terminated by court
66.36 order, the legal residence of a child placed in a residential or
67.1 foster facility for care and treatment is the district in which
67.2 the child resides when parental rights have been terminated.
67.3 (c) Before the placement of a pupil for care and treatment,
67.4 the district of residence must be notified and provided an
67.5 opportunity to participate in the placement decision. When an
67.6 immediate emergency placement is necessary and time does not
67.7 permit resident district participation in the placement
67.8 decision, the district in which the pupil is temporarily placed,
67.9 if different from the district of residence, must notify the
67.10 district of residence of the emergency placement within 15 days
67.11 of the placement.
67.12 (d) When a pupil without a disability is temporarily placed
67.13 for care and treatment in a day program and the pupil continues
67.14 to live within the district of residence during the care and
67.15 treatment, the district of residence must provide instruction
67.16 and necessary transportation to and from the treatment facility
67.17 for the pupil. Transportation shall only be provided by the
67.18 district during regular operating hours of the district. The
67.19 district may provide the instruction at a school within the
67.20 district of residence, at the pupil's residence, or in the case
67.21 of a placement outside of the resident district, in the district
67.22 in which the day treatment program is located by paying tuition
67.23 to that district. The district of placement may contract with a
67.24 facility to provide instruction by teachers licensed by the
67.25 state board of teaching.
67.26 (e) When a pupil without a disability is temporarily placed
67.27 in a residential program for care and treatment, the district in
67.28 which the pupil is placed must provide instruction for the pupil
67.29 and necessary transportation while the pupil is receiving
67.30 instruction, and in the case of a placement outside of the
67.31 district of residence, the nonresident district must bill the
67.32 district of residence for the actual cost of providing the
67.33 instruction for the regular school year and for summer school,
67.34 excluding transportation costs. When a pupil without a
67.35 disability is temporarily placed in a residential program
67.36 outside the district of residence, the administrator of the
68.1 court placing the pupil must send timely written notice of the
68.2 placement to the district of residence. The district of
68.3 placement may contract with a residential facility to provide
68.4 instruction by teachers licensed by the state board of teaching.
68.5 For purposes of this section, the state correctional facilities
68.6 operated on a fee-for-service basis are considered to be
68.7 residential programs for care and treatment.
68.8 (f) The district of residence must include the pupil in its
68.9 residence count of pupil units and pay tuition as provided in
68.10 section 123A.488 to the district providing the instruction.
68.11 Transportation costs must be paid by the district providing the
68.12 transportation and the state must pay transportation aid to that
68.13 district. For purposes of computing state transportation aid,
68.14 pupils governed by this subdivision must be included in the
68.15 disabled transportation category.
68.16 Sec. 11. Minnesota Statutes 1999 Supplement, section
68.17 125A.76, subdivision 1, is amended to read:
68.18 Subdivision 1. [DEFINITIONS.] For the purposes of this
68.19 section, the definitions in this subdivision apply.
68.20 (a) "Base year" for fiscal year 1998 and later fiscal years
68.21 means the second fiscal year preceding the fiscal year for which
68.22 aid will be paid.
68.23 (b) "Basic revenue" has the meaning given it in section
68.24 126C.10, subdivision 2. For the purposes of computing basic
68.25 revenue pursuant to this section, each child with a disability
68.26 shall be counted as prescribed in section 126C.05, subdivision 1.
68.27 (c) "Essential personnel" means teachers, related services,
68.28 and support services staff providing direct services to students.
68.29 (d) "Average daily membership" has the meaning given it in
68.30 section 126C.05.
68.31 (e) "Program growth factor" means 1.012 1.08 for fiscal
68.32 year 2002, and 1.047 for fiscal year 2003 and later.
68.33 Sec. 12. Minnesota Statutes 1999 Supplement, section
68.34 125A.76, subdivision 2, is amended to read:
68.35 Subd. 2. [SPECIAL EDUCATION BASE REVENUE.] (a) The special
68.36 education base revenue equals the sum of the following amounts
69.1 computed using base year data:
69.2 (1) 68 percent of the salary of each essential person
69.3 employed in the district's program for children with a
69.4 disability during the fiscal year, not including the share of
69.5 salaries for personnel providing health-related services counted
69.6 in clause (8), whether the person is employed by one or more
69.7 districts or a Minnesota correctional facility operating on a
69.8 fee-for-service basis;
69.9 (2) for the Minnesota state academy for the deaf or the
69.10 Minnesota state academy for the blind, 68 percent of the salary
69.11 of each instructional aide assigned to a child attending the
69.12 academy, if that aide is required by the child's individual
69.13 education plan;
69.14 (3) for special instruction and services provided to any
69.15 pupil by contracting with public, private, or voluntary agencies
69.16 other than school districts, in place of special instruction and
69.17 services provided by the district, 52 percent of the difference
69.18 between the amount of the contract and the basic revenue of the
69.19 district for that pupil for the fraction of the school day the
69.20 pupil receives services under the contract;
69.21 (4) for special instruction and services provided to any
69.22 pupil by contracting for services with public, private, or
69.23 voluntary agencies other than school districts, that are
69.24 supplementary to a full educational program provided by the
69.25 school district, 52 percent of the amount of the contract for
69.26 that pupil;
69.27 (5) for supplies and equipment purchased or rented for use
69.28 in the instruction of children with a disability, not including
69.29 the portion of the expenses for supplies and equipment used to
69.30 provide health-related services counted in clause (8), an amount
69.31 equal to 47 percent of the sum actually expended by the
69.32 district, or a Minnesota correctional facility operating on a
69.33 fee-for-service basis, but not to exceed an average of $47 in
69.34 any one school year for each child with a disability receiving
69.35 instruction;
69.36 (6) for fiscal years 1997 and later, special education base
70.1 revenue shall include amounts under clauses (1) to (5) for
70.2 special education summer programs provided during the base year
70.3 for that fiscal year; and
70.4 (7) for fiscal years 1999 and later, the cost of providing
70.5 transportation services for children with disabilities under
70.6 section 123B.92, subdivision 1, paragraph (b), clause (4); and
70.7 (8) for fiscal years 2001 and later, the cost of salaries,
70.8 supplies and equipment, and other related costs actually
70.9 expended by the district for the nonfederal share of medical
70.10 assistance services according to section 256B.0625, subdivision
70.11 26.
70.12 The department shall establish procedures through the
70.13 uniform financial accounting and reporting system to identify
70.14 and track all revenues generated from third-party billings as
70.15 special education revenue at the school district level; include
70.16 revenue generated from third-party billings as special education
70.17 revenue in the annual cross-subsidy report; and exclude
70.18 third-party revenue from calculation of excess cost aid to the
70.19 districts.
70.20 (b) If requested by a school district operating a special
70.21 education program during the base year for less than the full
70.22 fiscal year, or a school district in which is located a
70.23 Minnesota correctional facility operating on a fee-for-service
70.24 basis for less than the full fiscal year, the commissioner may
70.25 adjust the base revenue to reflect the expenditures that would
70.26 have occurred during the base year had the program been operated
70.27 for the full fiscal year.
70.28 (c) Notwithstanding paragraphs (a) and (b), the portion of
70.29 a school district's base revenue attributable to a Minnesota
70.30 correctional facility operating on a fee-for-service basis
70.31 during the facility's first year of operating on a
70.32 fee-for-service basis shall be computed using current year data.
70.33 Sec. 13. Minnesota Statutes 1999 Supplement, section
70.34 125A.79, subdivision 2, is amended to read:
70.35 Subd. 2. [EXCESS COST AID, FISCAL YEARS 2000 AND 2001.]
70.36 For fiscal years 2000 and 2001, a district's special education
71.1 excess cost aid equals the greatest of:
71.2 (a) 75 percent of the difference between (1) the district's
71.3 unreimbursed special education cost and (2) 4.4 4.36 percent of
71.4 the district's general revenue;
71.5 (b) 70 percent of the difference between (1) the increase
71.6 in the district's unreimbursed special education cost between
71.7 the base year as defined in section 125A.76, subdivision 1, and
71.8 the current year and (2) 1.6 percent of the district's general
71.9 revenue; or
71.10 (c) zero.
71.11 Sec. 14. Minnesota Statutes 1999 Supplement, section
71.12 125A.79, subdivision 5, is amended to read:
71.13 Subd. 5. [INITIAL EXCESS COST AID.] For fiscal years 2002
71.14 and later, a district's initial excess cost aid equals the
71.15 greatest of:
71.16 (1) 75 percent of the difference between (i) the district's
71.17 unreimbursed special education cost and (ii) 4.4 4.36 percent of
71.18 the district's general revenue;
71.19 (2) 70 percent of the difference between (i) the increase
71.20 in the district's unreimbursed special education cost between
71.21 the base year as defined in section 125A.76, subdivision 1, and
71.22 the current year and (ii) 1.6 percent of the district's general
71.23 revenue; or
71.24 (3) zero.
71.25 Sec. 15. Minnesota Statutes 1999 Supplement, section
71.26 127A.42, subdivision 3, is amended to read:
71.27 Subd. 3. [ASSURANCE OF COMPLIANCE.] (a) After consultation
71.28 with the commissioner of human rights, the commissioner of
71.29 children, families, and learning shall adopt rules in
71.30 conformance with chapter 14. The rules must direct districts to
71.31 file with the commissioner of children, families, and learning
71.32 assurances of compliance with state and federal laws prohibiting
71.33 discrimination and specify the information required to be
71.34 submitted in support of the assurances. The commissioner shall
71.35 provide copies of the assurances and the supportive information
71.36 to the commissioner of human rights The assurances must be
72.1 provided in a form and manner prescribed by the commissioner.
72.2 (b) If, after reviewing the assurances and the supportive
72.3 information it appears that one or more violations of the
72.4 Minnesota Human Rights Act are occurring in the a district, the
72.5 commissioner of human rights shall notify the commissioner of
72.6 the violations, and the commissioner of children, families, and
72.7 learning may then proceed pursuant to subdivision 4.
72.8 Sec. 16. Laws 1999, chapter 216, article 4, section 12, is
72.9 amended to read:
72.10 Sec. 12. [SELECTION OF VENDOR TO OPERATE EDUCATIONAL
72.11 PROGRAM AT MCF-RED WING.]
72.12 The assessment for excellence task force, appointed by the
72.13 commissioner of corrections, shall assist the commissioner of
72.14 administration in developing a request for proposals from
72.15 vendors to operate the educational program at the Minnesota
72.16 correctional facility - Red Wing. The commissioner of
72.17 administration shall issue the request for proposals by November
72.18 1, 1999, and shall select a vendor who shall begin operating the
72.19 program by January 1, 2000. The commissioner shall issue a new
72.20 request for proposals by November 1, 2005, and shall issue a new
72.21 request for proposals every other year thereafter. The
72.22 department of corrections may respond to the request for
72.23 proposals.
72.24 Sec. 17. Laws 1999, chapter 241, article 2, section 60,
72.25 subdivision 7, is amended to read:
72.26 Subd. 7. [TRIBAL CONTRACT SCHOOLS.] For tribal contract
72.27 school aid according to Minnesota Statutes, section 124D.83:
72.28 $2,706,000 $1,671,000 ..... 2000
72.29 $2,790,000 $1,882,000 ..... 2001
72.30 The 2000 appropriation includes $283,000 for 1999 and
72.31 $2,423,000 $1,388,000 for 2000.
72.32 The 2001 appropriation includes $269,000 $154,000 for 2000
72.33 and $2,521,000 $1,728,000 for 2001.
72.34 Sec. 18. Laws 1999, chapter 241, article 2, section 60,
72.35 subdivision 9, is amended to read:
72.36 Subd. 9. [MAGNET SCHOOL GRANTS.] For magnet school and
73.1 program grants under Laws 1994, chapter 647, article 8, section
73.2 38:
73.3 $1,750,000 ..... 2000
73.4 $1,750,000 ..... 2001
73.5 These amounts may be used for magnet school programs
73.6 according to Minnesota Statutes, section 124D.88. The budget
73.7 base for this program for fiscal year 2003 and each year
73.8 thereafter is $1,050,000.
73.9 Sec. 19. Laws 1999, chapter 241, article 2, section 60,
73.10 subdivision 12, is amended to read:
73.11 Subd. 12. [AID FOR CHILDREN WITH A DISABILITY.] For aid
73.12 according to Minnesota Statutes, section 125A.75, subdivision 3,
73.13 for children with a disability placed in residential facilities
73.14 within the district boundaries for whom no district of residence
73.15 can be determined:
73.16 $ 443,000 $ 433,000 ..... 2000
73.17 $1,064,000 $4,263,000 ..... 2001
73.18 If the appropriation for either year is insufficient, the
73.19 appropriation for the other year is available. Any balance in
73.20 the first year does not cancel but is available in the second
73.21 year.
73.22 Sec. 20. Laws 1999, chapter 241, article 2, section 60,
73.23 subdivision 13, is amended to read:
73.24 Subd. 13. [TRAVEL FOR HOME-BASED SERVICES.] For aid for
73.25 teacher travel for home-based services according to Minnesota
73.26 Statutes, section 125A.75, subdivision 1:
73.27 $133,000 $125,000 ..... 2000
73.28 $139,000 $130,000 ..... 2001
73.29 The 2000 appropriation includes $11,000 for 1999 and
73.30 $122,000 $114,000 for 2000.
73.31 The 2001 appropriation includes $13,000 for 2000 and
73.32 $126,000 $117,000 for 2001.
73.33 Sec. 21. Laws 1999, chapter 241, article 2, section 60,
73.34 subdivision 14, is amended to read:
73.35 Subd. 14. [SPECIAL EDUCATION EXCESS COST AID.] For excess
73.36 cost aid:
74.1 $60,498,000 $66,032,000 ..... 2000
74.2 $79,405,000 $89,072,000 ..... 2001
74.3 The 2000 appropriation includes $4,693,000 for 1999 and
74.4 $55,805,000 $61,339,000 for 2000.
74.5 The 2001 appropriation includes $6,200,000 $6,815,000 for
74.6 2000 and $73,205,000 $82,257,000 for 2001.
74.7 Sec. 22. Laws 1999, chapter 241, article 2, section 60,
74.8 subdivision 17, is amended to read:
74.9 Subd. 17. [INTEGRATION AID.] For integration aid:
74.10 $37,182,000 $37,610,000 ..... 2000
74.11 $43,787,000 $55,828,000 ..... 2001
74.12 The 2000 appropriation includes $2,902,000 for 1999 and
74.13 $34,280,000 $34,708,000 for 2000.
74.14 The 2001 appropriation includes $3,809,000 $3,856,000 for
74.15 2000 and $39,978,000 $51,972,000 for 2001.
74.16 Sec. 23. Laws 1999, chapter 241, article 2, section 60,
74.17 subdivision 19, is amended to read:
74.18 Subd. 19. [INTERDISTRICT DESEGREGATION OR INTEGRATION
74.19 TRANSPORTATION AID.] (a) For interdistrict desegregation or
74.20 integration transportation aid under Minnesota Statutes, section
74.21 124D.87:
74.22 $970,000 ..... 2000
74.23 $970,000 ..... 2001
74.24 Any balance in the first year does not cancel but is
74.25 available in the second year.
74.26 (b) For fiscal year 2003 and later, the budget base for
74.27 this program is the forecasted cost of fully reimbursing
74.28 districts according to Minnesota Statutes, section 124D.87.
74.29 Sec. 24. [SPECIAL EDUCATION CROSS-SUBSIDY REVENUE.]
74.30 For fiscal year 2000, a school district shall receive an
74.31 amount of revenue equal to $8.15 times the district's adjusted
74.32 marginal cost pupil units. For fiscal year 2001, a school
74.33 district shall receive an amount of revenue equal to $19 times
74.34 the district's adjusted marginal cost pupil units. Special
74.35 education cross-subsidy revenue must be used to pay for a
74.36 district's unfunded special education costs that are currently
75.1 cross-subsidized by a district's general education revenue.
75.2 Sec. 25. [APPROPRIATIONS.]
75.3 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
75.4 LEARNING.] The sums indicated in this section are appropriated
75.5 from the general fund to the department of children, families,
75.6 and learning for the fiscal years designated.
75.7 Subd. 2. [LITTLE FALLS; REVENUE REIMBURSEMENT.] For
75.8 independent school district No. 482, Little Falls, for partial
75.9 reimbursement of revenue returned to the state as a result of a
75.10 finding that the district had over-counted kindergarten pupils
75.11 in earlier years:
75.12 $300,000 ..... 2000
75.13 Revenue appropriated to the district under this subdivision
75.14 must be used for all-day kindergarten services. This is a
75.15 one-time appropriation.
75.16 Subd. 3. [NORTHLAND LEARNING CENTER.] For a grant to the
75.17 Northland joint powers board for start-up costs associated with
75.18 the delay of special education funding for the Northland
75.19 learning center:
75.20 $200,000 ..... 2001
75.21 This is a one-time appropriation.
75.22 Subd. 4. [MAGNET SCHOOL START-UP AID.] For magnet school
75.23 start-up aid under Minnesota Statutes, section 124D.88:
75.24 $225,000 ..... 2001
75.25 Subd. 5. [SPECIAL EDUCATION CROSS-SUBSIDY REVENUE.] For
75.26 special education cross-subsidy revenue:
75.27 $ 7,898,000 ..... 2000
75.28 $18,396,000 ..... 2001
75.29 Subd. 6. [GRANT TO INDEPENDENT SCHOOL DISTRICT NO. 707,
75.30 NETT LAKE.] (a) For a grant to independent school district No.
75.31 707, Nett Lake, to pay obligations of the school district for
75.32 unemployment compensation:
75.33 $ 30,000 ..... 2001
75.34 (b) This appropriation must be paid to the appropriate
75.35 state agency for the purposes of paragraph (a) in the name of
75.36 the school district. This is a one-time appropriation.
76.1 EFFECTIVE DATE: This section is effective the day
76.2 following final enactment.
76.3 Sec. 26. [REPEALER.]
76.4 Minnesota Rules, part 3535.9920, is repealed.
76.5 EFFECTIVE DATE: This section is effective the day
76.6 following final enactment.
76.7 ARTICLE 4
76.8 KINDERGARTEN THROUGH GRADE 12 EDUCATION
76.9 EMPLOYMENT AND TRANSITIONS
76.10 Section 1. Minnesota Statutes 1998, section 124D.44, is
76.11 amended to read:
76.12 124D.44 [MATCH REQUIREMENTS.]
76.13 Youth works grant funds must be used for the living
76.14 allowance, cost of employer taxes under sections 3111 and 3301
76.15 of the Internal Revenue Code of 1986, workers' compensation
76.16 coverage, and health benefits for each program participant, and
76.17 administrative expenses, which must not exceed five percent of
76.18 total program costs. Youthworks grant funds may also be used to
76.19 supplement applicant resources to fund postservice benefits for
76.20 program participants. Applicant resources, from sources and in
76.21 a form determined by the commission and, beginning January 1,
76.22 1997, the council, must be used to provide for all other program
76.23 costs, including the portion of the applicant's obligation for
76.24 postservice benefits that is not covered by state or federal
76.25 grant funds and such costs as supplies, materials,
76.26 transportation, and salaries and benefits of those staff
76.27 directly involved in the operation, internal monitoring, and
76.28 evaluation of the program. Administrative expenses must not
76.29 exceed five percent of total program costs.
76.30 EFFECTIVE DATE: This section is effective the day
76.31 following final enactment.
76.32 Sec. 2. Minnesota Statutes 1999 Supplement, section
76.33 124D.453, subdivision 3, is amended to read:
76.34 Subd. 3. [CAREER AND TECHNICAL AID.] A district's career
76.35 and technical education aid for fiscal year years 2000 and 2001
76.36 equals the lesser of:
77.1 (a) $73 times the district's average daily membership in
77.2 grades 10 to 12; or
77.3 (b) 25 percent of approved expenditures for the following:
77.4 (1) salaries paid to essential, licensed personnel
77.5 providing direct instructional services to students in that
77.6 fiscal year for services rendered in the district's approved
77.7 career and technical education programs;
77.8 (2) contracted services provided by a public or private
77.9 agency other than a Minnesota school district or cooperative
77.10 center under subdivision 7;
77.11 (3) necessary travel between instructional sites by
77.12 licensed career and technical education personnel;
77.13 (4) necessary travel by licensed career and technical
77.14 education personnel for vocational student organization
77.15 activities held within the state for instructional purposes;
77.16 (5) curriculum development activities that are part of a
77.17 five-year plan for improvement based on program assessment;
77.18 (6) necessary travel by licensed career and technical
77.19 education personnel for noncollegiate credit bearing
77.20 professional development; and
77.21 (7) specialized vocational instructional supplies.
77.22 (c) Up to ten percent of a district's career and technical
77.23 aid may be spent on equipment purchases. Districts using career
77.24 and technical aid for equipment purchases must report to the
77.25 department on the improved learning opportunities for students
77.26 that result from the investment in equipment.
77.27 Sec. 3. Minnesota Statutes 1998, section 124D.454,
77.28 subdivision 4, is amended to read:
77.29 Subd. 4. [ADJUSTED SECONDARY
77.30 VOCATIONAL-DISABLED TRANSITION-DISABLED BASE REVENUE.] For
77.31 fiscal year 1996 and later, a district's adjusted secondary
77.32 vocational-disabled transition-disabled base revenue equals the
77.33 district's secondary vocational-disabled transition-disabled
77.34 base revenue times the ratio of the district's average daily
77.35 membership for the current school year to the district's average
77.36 daily membership for the base year.
78.1 Sec. 4. Minnesota Statutes 1998, section 124D.454,
78.2 subdivision 6, is amended to read:
78.3 Subd. 6. [SCHOOL DISTRICT SECONDARY
78.4 VOCATIONAL-DISABLED TRANSITION-DISABLED REVENUE.] (a) A school
78.5 district's secondary vocational-disabled transition-disabled
78.6 revenue for fiscal year 1996 and later equals the state
78.7 total secondary vocational-disabled transition-disabled revenue,
78.8 minus the amount determined under paragraph (b), times the ratio
78.9 of the district's adjusted secondary
78.10 vocational-disabled transition-disabled base revenue to the
78.11 state total adjusted secondary
78.12 vocational-disabled transition-disabled base revenue.
78.13 (b) Notwithstanding paragraph (a), if the secondary
78.14 vocational-disabled transition-disabled base revenue for a
78.15 district equals zero and no district residents were enrolled
78.16 in secondary vocational-disabled transition-disabled programs
78.17 during the base year, the secondary
78.18 vocational-disabled transition-disabled revenue equals the
78.19 amount computed according to subdivision 3 using current year
78.20 data.
78.21 Sec. 5. Minnesota Statutes 1998, section 124D.454,
78.22 subdivision 7, is amended to read:
78.23 Subd. 7. [SCHOOL DISTRICT SECONDARY
78.24 VOCATIONAL-DISABLED TRANSITION-DISABLED AID.] A school
78.25 district's secondary vocational-disabled transition-disabled aid
78.26 for fiscal year 1996 and later equals the district's secondary
78.27 vocational-disabled transition-disabled revenue times the aid
78.28 percentage factor for that year.
78.29 Sec. 6. Laws 1997, chapter 157, section 71, as amended by
78.30 Laws 1998, chapter 398, article 3, section 11, is amended to
78.31 read:
78.32 Sec. 71. [SCHOOL BANK PILOT PROJECT BANKS.]
78.33 (a) A school bank sponsored by independent school district
78.34 No. 31, Bemidji, independent school district No. 316,
78.35 Greenway-Coleraine, independent school district No. 2170,
78.36 Staples-Motley, or by independent school district No. 508, St.
79.1 Peter, that meets all requirements of paragraph (b) is not
79.2 subject to Minnesota Statutes, section 47.03, subdivision 1, or
79.3 to any other statute or rule that regulates banks, other
79.4 financial institutions, or currency exchanges.
79.5 (b) To qualify under paragraph (a), the school bank must:
79.6 (1) be operated as part of a high school educational
79.7 program and under guidelines adopted by the school board;
79.8 (2) be advised on a regular basis by one or more
79.9 state-chartered state chartered or federally-chartered federally
79.10 chartered financial institutions, but not owned or operated by
79.11 any financial institution;
79.12 (3) be located on school premises and have as customers
79.13 only students enrolled in, or employees of, the school in which
79.14 it is located; and
79.15 (4) have a written commitment from the school board,
79.16 guaranteeing reimbursement of any depositor's funds lost due to
79.17 insolvency of the school bank.
79.18 (c) Funds of a school bank that meets the requirements of
79.19 this section are not school district or other public funds for
79.20 purposes of any state law governing the use or investment of
79.21 school district or other public funds.
79.22 (d) The school district shall annually file with the
79.23 commissioner of commerce a report, prepared by the students and
79.24 teachers involved, summarizing the operation of the school bank.
79.25 (e) This section expires June 30, 2000. The commissioner
79.26 of commerce shall, no later than December 15, 1999, provide a
79.27 written report to the legislature regarding this pilot project
79.28 and any recommended legislation regarding school banks.
79.29 EFFECTIVE DATE: This section is effective the day
79.30 following final enactment.
79.31 Sec. 7. Laws 1999, chapter 241, article 3, section 3,
79.32 subdivision 2, is amended to read:
79.33 Subd. 2. [SECONDARY VOCATIONAL EDUCATION AID.] For
79.34 secondary vocational education aid according to Minnesota
79.35 Statutes, section 124D.453:
79.36 $11,335,000 $12,413,000 ..... 2000
80.1 $1,130,000 $12,417,000 ..... 2001
80.2 The 2000 appropriation includes $1,159,000 for 1999 and
80.3 $10,176,000 $11,254,000 for 2000. The 2001 appropriation
80.4 includes $1,130,000 $1,250,000 for 2000 and $11,167,000 for 2001.
80.5 Any balance in the first year does not cancel but is
80.6 available in the second year.
80.7 Sec. 8. Laws 1999, chapter 241, article 3, section 3,
80.8 subdivision 4, is amended to read:
80.9 Subd. 4. [EDUCATION AND EMPLOYMENT TRANSITIONS PROGRAM
80.10 GRANTS.] For education and employment transitions programming
80.11 under Minnesota Statutes, section 124D.46:
80.12 $3,225,000 ..... 2000
80.13 $3,225,000 $2,225,000 ..... 2001
80.14 $200,000 each year is for the development and
80.15 implementation of the ISEEK Internet-based education and
80.16 employment information system.
80.17 $1,000,000 each in fiscal year 2000 is for an employer
80.18 rebate program for qualifying employers who offer youth
80.19 internships to educators.
80.20 $500,000 each year is for youth entrepreneurship grants.
80.21 $750,000 each year is for youth apprenticeship grants.
80.22 $300,000 each year is for grants to programs in cities of
80.23 the first class to expand the number of at-risk students
80.24 participating in school-to-work projects.
80.25 $350,000 each year is for agricultural school-to-work
80.26 grants.
80.27 $125,000 each year is to conduct a high school follow-up
80.28 survey to include first, third, and sixth year graduates of
80.29 Minnesota schools.
80.30 Any balance in the first year does not cancel but is
80.31 available in the second year.
80.32 Sec. 9. Laws 1999, chapter 241, article 3, section 5, is
80.33 amended to read:
80.34 Sec. 5. [REPEALER.]
80.35 Minnesota Statutes 1998, section 124D.453, is repealed
80.36 effective for revenue for fiscal year 2001 2002.
81.1 EFFECTIVE DATE: This section is effective the day
81.2 following final enactment.
81.3 ARTICLE 5
81.4 KINDERGARTEN THROUGH GRADE 12 EDUCATION
81.5 FACILITIES AND TECHNOLOGY
81.6 Section 1. Minnesota Statutes 1998, section 123A.485,
81.7 subdivision 4, is amended to read:
81.8 Subd. 4. [NEW DISTRICTS.] If a district consolidates with
81.9 another district that has received aid under section 123A.39,
81.10 subdivision 3, or 123A.485 for a combination or consolidation
81.11 taking effect within six years of the effective date of the new
81.12 consolidation, only the pupil units in the district or districts
81.13 not previously reorganized must be counted for aid purposes
81.14 under subdivision 2. If two or more districts consolidate and
81.15 all districts received aid under subdivision 2 for a
81.16 consolidation taking effect within six years of the effective
81.17 date of the new consolidation, only one quarter of the pupil
81.18 units in the newly created district must be used to determine
81.19 aid under subdivision 2.
81.20 Sec. 2. Minnesota Statutes 1998, section 123B.51,
81.21 subdivision 6, is amended to read:
81.22 Subd. 6. [PROCEEDS OF SALE OR EXCHANGE.] (a) Proceeds of
81.23 the sale or exchange of school buildings or real property of the
81.24 district must be used as provided in this subdivision.
81.25 (b) In districts with outstanding bonds, the proceeds of
81.26 the sale or exchange shall first be deposited in the debt
81.27 retirement fund of the district in an amount sufficient to meet
81.28 when due that percentage of the principal and interest payments
81.29 for outstanding bonds which is ascribable to the payment of
81.30 expenses necessary and incidental to the construction or
81.31 purchase of the particular building or property which is sold.
81.32 (c) After satisfying the requirements of paragraph (b), a
81.33 district with outstanding bonds may deposit proceeds of the sale
81.34 or exchange in its capital expenditure fund general fund
81.35 reserved for operating capital account if the amount deposited
81.36 is used for the following:
82.1 (1) for expenditures for the cleanup of polychlorinated
82.2 biphenyls, if the method for cleanup is approved by the
82.3 department;
82.4 (2) for capital expenditures for the betterment, as defined
82.5 in section 475.51, subdivision 8, of district-owned school
82.6 buildings; or
82.7 (3) to replace the building or property sold.
82.8 (d) In a district with outstanding bonds, the amount of the
82.9 proceeds of the sale or exchange remaining after the application
82.10 of paragraphs (b) and (c), which is sufficient to meet when due
82.11 that percentage of the principal and interest payments for the
82.12 district's outstanding bonds which is not governed by paragraph
82.13 (b), shall be deposited in the debt retirement fund.
82.14 (e) Any proceeds of the sale or exchange remaining in
82.15 districts with outstanding bonds after the application of
82.16 paragraphs (b), (c), and (d), and all proceeds of the sale or
82.17 exchange in districts without outstanding bonds shall be
82.18 deposited in the capital expenditure general fund reserved for
82.19 operating capital account of the district.
82.20 (f) Notwithstanding paragraphs (c) and (d), a district with
82.21 outstanding bonds may deposit in its capital expenditure general
82.22 fund reserved for operating capital account and use for any
82.23 lawful operating capital expenditure without the reduction of
82.24 any levy limitation the same percentage of the proceeds of the
82.25 sale or exchange of a building or property as the percentage of
82.26 the initial cost of purchasing or constructing the building or
82.27 property which was paid using revenue from the capital
82.28 expenditure general fund reserved for operating capital account.
82.29 Sec. 3. Minnesota Statutes 1998, section 123B.52, is
82.30 amended by adding a subdivision to read:
82.31 Subd. 6. [DISPOSING OF SURPLUS SCHOOL COMPUTERS.]
82.32 Notwithstanding section 471.345, governing school district
82.33 contracts made upon sealed bid or otherwise complying with the
82.34 requirements for competitive bidding, other provisions of this
82.35 section governing school district contracts, or other law to the
82.36 contrary, a school district under this subdivision may dispose
83.1 of a surplus school computer and related equipment if the
83.2 district disposes of the surplus property by conveying the
83.3 property and title to:
83.4 (1) another school district;
83.5 (2) the state department of corrections;
83.6 (3) the board of trustees of the Minnesota state colleges
83.7 and universities; or
83.8 (4) the family of a student residing in the district whose
83.9 total family income meets the federal definition of poverty.
83.10 EFFECTIVE DATE: This section is effective the day
83.11 following final enactment.
83.12 Sec. 4. Minnesota Statutes 1999 Supplement, section
83.13 123B.54, is amended to read:
83.14 123B.54 [DEBT SERVICE APPROPRIATION.]
83.15 (a) $33,165,000 $33,141,000 in fiscal year 2000,
83.16 $32,057,000 $29,400,000 in fiscal year 2001, and
83.17 $31,280,000 $26,934,000 in fiscal year 2002, and $25,540,000 in
83.18 fiscal year 2003 and each year thereafter is appropriated from
83.19 the general fund to the commissioner of children, families, and
83.20 learning for payment of debt service equalization aid under
83.21 section 123B.53. The 2002 appropriation includes $3,201,000 for
83.22 2001 and $29,079,000 for 2002.
83.23 (b) The appropriations in paragraph (a) must be reduced by
83.24 the amount of any money specifically appropriated for the same
83.25 purpose in any year from any state fund.
83.26 Sec. 5. Minnesota Statutes 1998, section 123B.57,
83.27 subdivision 1, is amended to read:
83.28 Subdivision 1. [HEALTH AND SAFETY PROGRAM.] To receive
83.29 health and safety revenue for any fiscal year a district must
83.30 submit to the commissioner an application for aid and levy by
83.31 the date determined by the commissioner. The application may be
83.32 for hazardous substance removal, fire and life safety code
83.33 repairs, labor and industry regulated facility and equipment
83.34 violations, and health, safety, and environmental management,
83.35 including indoor air quality management. The application must
83.36 include a health and safety program adopted by the school
84.1 district board. The program must include the estimated cost,
84.2 per building, of the program by fiscal year. Upon approval
84.3 through the adoption of a resolution by each of an intermediate
84.4 district's member school district boards and the approval of the
84.5 department of children, families, and learning, a school
84.6 district may include its proportionate share of the costs of
84.7 health and safety projects for an intermediate district in its
84.8 application.
84.9 EFFECTIVE DATE: This section is effective for revenue for
84.10 fiscal year 2002 and thereafter.
84.11 Sec. 6. Minnesota Statutes 1998, section 123B.71,
84.12 subdivision 10, is amended to read:
84.13 Subd. 10. [INDOOR AIR QUALITY.] A school board seeking a
84.14 review and comment under this section must submit information
84.15 demonstrating to the commissioner's satisfaction that:
84.16 (1) indoor air quality issues have been considered; and
84.17 (2) the architects and engineers designing the facility
84.18 will have professional liability insurance.
84.19 Plans submitted under subdivisions 3 and 4 for projects to
84.20 be placed in service after July 1, 2002, must demonstrate that:
84.21 (a) the facility's heating, ventilation, and air
84.22 conditioning systems meet or exceed the standards established by
84.23 code; and
84.24 (b) the facility's design will provide the ability for
84.25 monitoring of outdoor airflow and total airflow of ventilation
84.26 systems in new school facilities.
84.27 Sec. 7. Minnesota Statutes 1998, section 123B.72,
84.28 subdivision 3, is amended to read:
84.29 Subd. 3. [CERTIFICATION.] Prior to occupying or
84.30 reoccupying a school facility affected by this section, a school
84.31 board or its designee shall submit a document prepared by a
84.32 system inspector to the building official or to the
84.33 commissioner, verifying that the facility's heating,
84.34 ventilation, and air conditioning system has been installed and
84.35 operates according to design specifications and code, according
84.36 to section 123B.71, subdivision 10, clause (3). A systems
85.1 inspector shall also verify that the facility's design will
85.2 provide the ability for monitoring of outdoor airflow and total
85.3 airflow of ventilation systems in new school facilities and that
85.4 any heating, ventilation, or air conditioning system that is
85.5 installed or modified for a project subject to this section must
85.6 provide a filtration system with a current ASHRAE standard.
85.7 EFFECTIVE DATE: This section is effective on July 1, 2002.
85.8 Sec. 8. [125B.25] [TELECOMMUNICATIONS ACCESS REVENUE.]
85.9 Subdivision 1. [COSTS TO BE SUBMITTED.] A district shall
85.10 submit its outstanding ongoing or recurring telecommunications
85.11 access costs associated with data lines and video links to the
85.12 department of children, families, and learning. Costs of
85.13 telecommunications hardware or equipment must not be included in
85.14 the costs submitted by districts to the department. A district
85.15 may include installation charges associated with new lines or
85.16 upgraded lines, but may not include costs of hardware or
85.17 equipment.
85.18 Subd. 2. [GUARANTEED MINIMUM ACCESS.] (a) The ongoing or
85.19 recurring telecommunications access costs submitted to the
85.20 department by each district under this section are limited to
85.21 the operation costs equal to the greater of:
85.22 (1) one data line or video link that relies on a transport
85.23 medium that operates at a minimum speed of 1.544 megabytes per
85.24 second for each elementary school, middle school, or high school
85.25 under section 120A.05, subdivisions 9, 11, and 13; or
85.26 (2) one data line or video link that relies on a transport
85.27 medium that operates at a minimum speed of 1.544 megabytes per
85.28 second for each district.
85.29 (b) A district may include costs associated with
85.30 cooperative arrangements with other post-secondary institutions,
85.31 school districts, and community and regional libraries in its
85.32 geographic region. A district may continue to purchase its
85.33 ongoing or recurring telecommunications access services through
85.34 existing contracts.
85.35 Subd. 3. [E-RATES.] To be eligible for revenue under this
85.36 section, a district is required to file an e-rate application
86.1 either separately or through their telecommunications grant
86.2 cluster. Discounts received on telecommunications expenditures
86.3 shall be used to offset the amount submitted to the department
86.4 for per pupil revenue under this section.
86.5 Subd. 4. [CALCULATION OF COSTS.] By December 15 of each
86.6 year, the commissioner shall calculate the ongoing or recurring
86.7 telecommunications access cost per adjusted marginal cost pupil
86.8 unit submitted by each school district under subdivisions 1 and
86.9 2 for the year in which the data is submitted minus the reserved
86.10 revenue under section 126C.10, subdivision 13, paragraph (d).
86.11 Districts shall submit their anticipated ongoing or recurring
86.12 telecommunications access costs, adjusted for any e-rate revenue
86.13 received to the department based on contracts entered into by
86.14 the district for that school year. Districts shall also submit
86.15 their actual telecommunications access costs by August 15 of
86.16 each year and adjusted for any e-rate revenue received to the
86.17 department as prescribed by the commissioner.
86.18 Subd. 5. [DISTRICT REVENUE.] A district shall receive an
86.19 amount equal to the amount as calculated by the commissioner
86.20 under subdivision 4, times the adjusted marginal cost pupil
86.21 units for that year, times 65 percent.
86.22 Subd. 6. [REVENUE FOR CHARTER SCHOOLS.] (a) Each charter
86.23 school shall receive revenue equal to the greater of:
86.24 (1) the per marginal cost pupil unit amount for the
86.25 district in which the charter school is located as determined by
86.26 the commissioner according to subdivision 4; or
86.27 (2) $5;
86.28 times the adjusted marginal cost pupil units for that year,
86.29 times 65 percent.
86.30 (b) A charter school's revenue under this subdivision must
86.31 be used to pay for ongoing or recurring telecommunication access
86.32 costs, including access to data lines, video lines, or Internet
86.33 access.
86.34 Subd. 7. [TELECOMMUNICATION ACCESS SERVICES FOR NONPUBLIC
86.35 SCHOOLS.] (a) Districts shall provide each year upon formal
86.36 request by or on behalf of a nonpublic school, not including
87.1 home schools, located in that district or area, ongoing or
87.2 recurring telecommunication access services to the nonpublic
87.3 school either through existing district providers or through
87.4 separate providers.
87.5 (b) The amount of district revenue for telecommunication
87.6 access services for each nonpublic school under this subdivision
87.7 is equal to:
87.8 (1) $5; plus
87.9 (2) the per marginal cost pupil unit amount for the
87.10 district as determined in subdivision 5; times the number of
87.11 pupils who are enrolled at the nonpublic school as of October 1
87.12 of the current school year.
87.13 (c) Each year, a district providing services under
87.14 paragraph (a) may claim up to five percent of the revenue
87.15 determined in paragraph (b) for costs of administering this
87.16 subdivision. No district may expend an amount for these
87.17 telecommunication access services which exceeds the amount
87.18 allocated under this subdivision. The nonpublic school is
87.19 responsible for the telecommunications access costs not covered
87.20 by this section.
87.21 (d) At the request of a nonpublic school, districts may
87.22 allocate the amount determined in paragraph (b) directly to the
87.23 nonpublic school to pay for or offset the nonpublic school's
87.24 costs for telecommunication access services, however, the amount
87.25 allocated directly to the nonpublic school may not exceed the
87.26 actual amount of the school's ongoing or recurring
87.27 telecommunication access costs.
87.28 Subd. 8. [REIMBURSEMENT CRITERIA.] The commissioner,
87.29 working with the commissioner of administration and the
87.30 Minnesota education telecommunications council, shall develop
87.31 reimbursement criteria that schools must address when submitting
87.32 ongoing or recurring telecommunications costs as determined in
87.33 subdivisions 1 and 2. The criteria must assist schools to
87.34 procure telecommunications access services in the most efficient
87.35 and cost effective manner possible.
87.36 Subd. 9. [EXPIRATION.] This section expires on July 1,
88.1 2002.
88.2 Subd. 10. [SEVERABILITY.] If any portion of this section
88.3 is found by a court to be unconstitutional, the remaining
88.4 portions of the section shall remain in effect.
88.5 Sec. 9. Minnesota Statutes 1999 Supplement, section
88.6 126C.10, subdivision 13, is amended to read:
88.7 Subd. 13. [TOTAL OPERATING CAPITAL REVENUE.] (a) For
88.8 fiscal year 2000 and thereafter, total operating capital revenue
88.9 for a district equals the amount determined under paragraph (b)
88.10 or (c), plus $68 $73 times the adjusted marginal cost pupil
88.11 units for the school year. The revenue must be placed in a
88.12 reserved account in the general fund and may only be used
88.13 according to paragraph (d) or subdivision 14.
88.14 (b) For fiscal years 2000 and later, capital revenue for a
88.15 district equals $100 times the district's maintenance cost index
88.16 times its adjusted marginal cost pupil units for the school year.
88.17 (c) For fiscal years 2000 and later, the revenue for a
88.18 district that operates a program under section 124D.128, is
88.19 increased by an amount equal to $30 times the number of marginal
88.20 cost pupil units served at the site where the program is
88.21 implemented.
88.22 (d) For fiscal years 2001 and 2002, the district must
88.23 reserve an amount equal to $5 per adjusted marginal cost pupil
88.24 unit for telecommunication access costs. Reserve revenue under
88.25 this paragraph must first be used to pay for ongoing or
88.26 recurring telecommunication access costs, including access to
88.27 data lines, video lines, or Internet access. Any revenue
88.28 remaining after covering all ongoing or recurring access costs
88.29 may be used for computer hardware or equipment.
88.30 Sec. 10. Minnesota Statutes 1998, section 126C.40,
88.31 subdivision 1, is amended to read:
88.32 Subdivision 1. [TO LEASE BUILDING OR LAND.] (a) When a
88.33 district finds it economically advantageous to rent or lease a
88.34 building or land for any instructional purposes or for school
88.35 storage or furniture repair, and it determines that the
88.36 operating capital revenue authorized under section 126C.10,
89.1 subdivision 13, is insufficient for this purpose, it may apply
89.2 to the commissioner for permission to make an additional capital
89.3 expenditure levy for this purpose. An application for
89.4 permission to levy under this subdivision must contain financial
89.5 justification for the proposed levy, the terms and conditions of
89.6 the proposed lease, and a description of the space to be leased
89.7 and its proposed use.
89.8 (b) The criteria for approval of applications to levy under
89.9 this subdivision must include: the reasonableness of the price,
89.10 the appropriateness of the space to the proposed activity, the
89.11 feasibility of transporting pupils to the leased building or
89.12 land, conformity of the lease to the laws and rules of the state
89.13 of Minnesota, and the appropriateness of the proposed lease to
89.14 the space needs and the financial condition of the district.
89.15 The commissioner must not authorize a levy under this
89.16 subdivision in an amount greater than the cost to the district
89.17 of renting or leasing a building or land for approved purposes.
89.18 The proceeds of this levy must not be used for custodial or
89.19 other maintenance services. A district may not levy under this
89.20 subdivision for the purpose of leasing or renting a
89.21 district-owned building or site to itself.
89.22 (c) For agreements finalized after July 1, 1997, a district
89.23 may not levy under this subdivision for the purpose of leasing:
89.24 (1) a newly constructed building used primarily for regular
89.25 kindergarten, elementary, or secondary instruction; or (2) a
89.26 newly constructed building addition or additions used primarily
89.27 for regular kindergarten, elementary, or secondary instruction
89.28 that contains more than 20 percent of the square footage of the
89.29 previously existing building.
89.30 (d) Notwithstanding paragraph (b), a district may levy
89.31 under this subdivision for the purpose of leasing or renting a
89.32 district-owned building or site to itself only if the amount is
89.33 needed by the district to make payments required by a lease
89.34 purchase agreement, installment purchase agreement, or other
89.35 deferred payments agreement authorized by law, and the levy
89.36 meets the requirements of paragraph (c). A levy authorized for
90.1 a district by the commissioner under this paragraph may be in
90.2 the amount needed by the district to make payments required by a
90.3 lease purchase agreement, installment purchase agreement, or
90.4 other deferred payments agreement authorized by law, provided
90.5 that any agreement include a provision giving the school
90.6 districts the right to terminate the agreement annually without
90.7 penalty.
90.8 (e) The total levy under this subdivision for a district
90.9 for any year must not exceed $100 times the resident pupil units
90.10 for the fiscal year to which the levy is attributable.
90.11 (e) (f) For agreements for which a review and comment have
90.12 been submitted to the department of children, families, and
90.13 learning after April 1, 1998, the term "instructional purpose"
90.14 as used in this subdivision excludes expenditures on stadiums.
90.15 (g) The commissioner of children, families, and learning
90.16 may authorize a school district to exceed the limit in paragraph
90.17 (e) if the school district petitions the commissioner for
90.18 approval. The commissioner shall grant approval to a school
90.19 district to exceed the limit in paragraph (e) for not more than
90.20 five years if the district meets the following criteria:
90.21 (1) the school district has been experiencing pupil
90.22 enrollment growth in the preceding five years;
90.23 (2) the purpose of the increased levy is in the long-term
90.24 public interest;
90.25 (3) the purpose of the increased levy promotes colocation
90.26 of government services; and
90.27 (4) the purpose of the increased levy is in the long-term
90.28 interest of the district by avoiding over construction of school
90.29 facilities.
90.30 Sec. 11. Minnesota Statutes 1999 Supplement, section
90.31 126C.40, subdivision 6, is amended to read:
90.32 Subd. 6. [LEASE PURCHASE; INSTALLMENT BUYS.] (a) Upon
90.33 application to, and approval by, the commissioner in accordance
90.34 with the procedures and limits in subdivision 1, paragraphs (a)
90.35 and (b), a district, as defined in this subdivision, may:
90.36 (1) purchase real or personal property under an installment
91.1 contract or may lease real or personal property with an option
91.2 to purchase under a lease purchase agreement, by which
91.3 installment contract or lease purchase agreement title is kept
91.4 by the seller or vendor or assigned to a third party as security
91.5 for the purchase price, including interest, if any; and
91.6 (2) annually levy the amounts necessary to pay the
91.7 district's obligations under the installment contract or lease
91.8 purchase agreement.
91.9 (b) The obligation created by the installment contract or
91.10 the lease purchase agreement must not be included in the
91.11 calculation of net debt for purposes of section 475.53, and does
91.12 not constitute debt under other law. An election is not
91.13 required in connection with the execution of the installment
91.14 contract or the lease purchase agreement.
91.15 (c) The proceeds of the levy authorized by this subdivision
91.16 must not be used to acquire a facility to be primarily used for
91.17 athletic or school administration purposes.
91.18 (d) For the purposes of this subdivision, "district" means:
91.19 (1) a school district required to have a comprehensive plan
91.20 for the elimination of segregation whose plan has been
91.21 determined by the commissioner to be in compliance with
91.22 department of children, families, and learning rules relating to
91.23 equality of educational opportunity and school
91.24 desegregation and, for a district eligible for revenue under
91.25 section 124D.86, subdivision 3, clause (4), where the
91.26 acquisition of property under this subdivision is determined by
91.27 the commissioner to contribute to the implementation of the
91.28 desegregation plan; or
91.29 (2) a school district that participates in a joint program
91.30 for interdistrict desegregation with a district defined in
91.31 clause (1) if the facility acquired under this subdivision is to
91.32 be primarily used for the joint program and the commissioner
91.33 determines that the joint programs are being undertaken to
91.34 implement the districts' desegregation plan.
91.35 (e) Notwithstanding subdivision 1, the prohibition against
91.36 a levy by a district to lease or rent a district-owned building
92.1 to itself does not apply to levies otherwise authorized by this
92.2 subdivision.
92.3 (f) For the purposes of this subdivision, any references in
92.4 subdivision 1 to building or land shall include personal
92.5 property.
92.6 EFFECTIVE DATE: This section is effective for taxes
92.7 payable in 2001 and later.
92.8 Sec. 12. Minnesota Statutes 1998, section 126C.69,
92.9 subdivision 15, is amended to read:
92.10 Subd. 15. [BOND SALE LIMITATIONS.] A district having an
92.11 outstanding state loan must not issue and sell any bonds on the
92.12 public market, except to refund state loans, unless it agrees to
92.13 make the maximum effort debt service levy in each later year at
92.14 the higher rate provided in section 126C.63, subdivision 8, and
92.15 unless it schedules the maturities of the bonds according to
92.16 section 475.54, subdivision 2. A district that refunds bonds at
92.17 a lower interest rate may continue to make the maximum effort
92.18 debt service levy in each later year at the current rate
92.19 provided in section 126C.63, subdivision 8, if the district can
92.20 demonstrate to the commissioner's satisfaction that the
92.21 district's repayments of the state loan will not be reduced
92.22 below the previous year's level. The district must report each
92.23 sale to the commissioner.
92.24 After a district's capital loan has been outstanding for 20
92.25 30 years, the district must not issue bonds on the public market
92.26 except to refund the loan.
92.27 Sec. 13. Laws 1999, chapter 241, article 4, section 27,
92.28 subdivision 2, is amended to read:
92.29 Subd. 2. [HEALTH AND SAFETY AID.] For health and safety
92.30 aid according to Minnesota Statutes, section 123B.57,
92.31 subdivision 5:
92.32 $14,528,000 $14,015,000 ..... 2000
92.33 $14,957,000 $14,450,000 ..... 2001
92.34 The 2000 appropriation includes $1,415,000 for 1999 and
92.35 $13,113,000 $12,600,000 for 2000.
92.36 The 2001 appropriation includes $1,456,000 $1,400,000 for
93.1 2000 and $13,501,000 $13,050,000 for 2001.
93.2 EFFECTIVE DATE: This section is effective the day
93.3 following final enactment.
93.4 Sec. 14. Laws 1999, chapter 241, article 4, section 27,
93.5 subdivision 3, is amended to read:
93.6 Subd. 3. [DEBT SERVICE AID.] For debt service aid
93.7 according to Minnesota Statutes, section 123B.53, subdivision 6:
93.8 $33,165,000 $33,141,000 ..... 2000
93.9 $32,084,000 $29,400,000 ..... 2001
93.10 The 2000 appropriation includes $3,842,000 for 1999 and
93.11 $29,323,000 $29,299,000 for 2000.
93.12 The 2001 appropriation includes $3,256,000 $3,255,000 for
93.13 2000 and $28,828,000 $26,145,000 for 2001.
93.14 EFFECTIVE DATE: This section is effective the day
93.15 following final enactment.
93.16 Sec. 15. Laws 1999, chapter 241, article 4, section 27,
93.17 subdivision 4, is amended to read:
93.18 Subd. 4. [INTERACTIVE TELEVISION (ITV) AID.] For
93.19 interactive television (ITV) aid under Minnesota Statutes,
93.20 section 126C.40, subdivision 4:
93.21 $4,197,000 $4,194,000 ..... 2000
93.22 $2,851,000 $2,761,000 ..... 2001
93.23 The 2000 appropriation includes $405,000 for 1999 and
93.24 $3,792,000 $3,789,000 for 2000.
93.25 The 2001 appropriation includes $421,000 for 2000 and
93.26 $2,430,000 $2,340,000 for 2001.
93.27 EFFECTIVE DATE: This section is effective the day
93.28 following final enactment.
93.29 Sec. 16. Laws 1999, chapter 241, article 4, section 27,
93.30 subdivision 5, is amended to read:
93.31 Subd. 5. [ALTERNATIVE FACILITIES BONDING AID.] For
93.32 alternative facilities bonding aid, according to Minnesota
93.33 Statutes, section 123B.59:
93.34 $19,058,000 $18,920,000 ..... 2000
93.35 $19,286,000 $19,134,000 ..... 2001
93.36 The 2000 appropriation includes $1,700,000 for 2000 1999
94.1 and $17,358,000 $17,220,000 for 2001 2000.
94.2 The 2001 appropriation includes $1,928,000 $1,913,000 for
94.3 2000 and $17,358,000 $17,221,000 for 2001.
94.4 EFFECTIVE DATE: This section is effective the day
94.5 following final enactment.
94.6 Sec. 17. Laws 1999, chapter 241, article 4, section 27,
94.7 subdivision 10, is amended to read:
94.8 Subd. 10. [DECLINING PUPIL AID; ST. PETER.] For a grant to
94.9 independent school district No. 508, St. Peter, to ameliorate
94.10 general fund operating losses associated with the March, 1998
94.11 tornado:
94.12 $ 105,000 $ 75,000 ..... 2000
94.13 $ 278,000 $115,000 ..... 2001
94.14 EFFECTIVE DATE: This section is effective the day
94.15 following final enactment.
94.16 Sec. 18. Laws 1999, chapter 241, article 4, section 27,
94.17 subdivision 11, is amended to read:
94.18 Subd. 11. [FLOODS; DECLINING PUPIL AID.] For declining
94.19 pupil aid under section 23:
94.20 $2,132,000 $2,087,000 ..... 2000
94.21 $1,758,000 $1,639,000 ..... 2001
94.22 EFFECTIVE DATE: This section is effective the day
94.23 following final enactment.
94.24 Sec. 19. Laws 1999, chapter 241, article 4, section 29, is
94.25 amended to read:
94.26 Sec. 29. [REPEALER.]
94.27 (a) Minnesota Statutes 1998, sections 123A.44; 123A.441;
94.28 123A.442; 123A.443; 123A.444; 123A.445; 123A.446; 123B.57,
94.29 subdivisions 4, 5, and 7; 123B.59, subdivision 7; 123B.63,
94.30 subdivisions 1 and 2; section 123B.66; 123B.67; 123B.68; and
94.31 123B.69, are, is repealed effective the day following final
94.32 enactment.
94.33 (b) Minnesota Statutes 1998, section 123B.58, is repealed
94.34 effective July 1, 2004.
94.35 (c) Minnesota Statutes 1998, section 123B.64, subdivision
94.36 4, is repealed effective for revenue for fiscal year 2000.
95.1 (d) (c) Minnesota Statutes 1998, section 123B.64,
95.2 subdivisions 1, 2, and 3, are repealed effective for revenue for
95.3 fiscal year 2001.
95.4 (e) (d) Minnesota Rules, parts 3500.3900; 3500.4000;
95.5 3500.4100; 3500.4200; and 3500.4300, are repealed.
95.6 EFFECTIVE DATE: Paragraph (a) is effective retroactive to
95.7 May 26, 1999.
95.8 Sec. 20. [DECLINING PUPIL UNITS; ST. PETER.]
95.9 For purposes of Laws 1999, chapter 241, article 4, section
95.10 22, the St. Peter school district's marginal cost pupil units
95.11 for the 1996-1997 school year must be calculated using the pupil
95.12 weights in effect for fiscal year 2000.
95.13 EFFECTIVE DATE: This section is effective the day
95.14 following final enactment.
95.15 Sec. 21. [ONE-TIME DEFERRED MAINTENANCE AID.]
95.16 (a) For fiscal year 2001 only, a district's one-time
95.17 deferred maintenance aid is equal to:
95.18 (1) $10 times the adjusted marginal cost pupil units for
95.19 the school year; plus
95.20 (2) $21.90 times the adjusted marginal cost pupil units for
95.21 the school year for a district that does not qualify for
95.22 alternative facilities bonding under Minnesota Statutes, section
95.23 123B.59, or under Laws 1999, chapter 241, article 4, section 25.
95.24 (b) Aid received under this section must be used for
95.25 deferred maintenance, to make accessibility improvements, or to
95.26 make fire, safety, or health repairs.
95.27 Sec. 22. [PROJECT QUALIFICATION; TRITON.]
95.28 Subdivision 1. [ELIGIBILITY.] Notwithstanding Minnesota
95.29 Statutes, section 123B.57, independent school district No. 2125,
95.30 Triton, may include all unreimbursed costs associated with the
95.31 testing, evaluation, removal, and replacement of building
95.32 fixtures and equipment necessitated by the discovery of mold in
95.33 a school building in its health and safety plan not to exceed
95.34 $400,000.
95.35 Subd. 2. [COST RECOVERY.] Independent school district No.
95.36 2125, Triton, must pursue all reasonable options to recover
96.1 expenses resulting from the mold from its insurance company, the
96.2 subcontractors, and any other parties responsible for the damage
96.3 caused by the mold.
96.4 EFFECTIVE DATE: This section is effective the day
96.5 following final enactment.
96.6 Sec. 23. [COMMISSIONER RECOMMENDATION.]
96.7 By February 1, 2002, the commissioner of children,
96.8 families, and learning, in cooperation with the commissioner of
96.9 administration and the Minnesota education telecommunication
96.10 council, shall recommend to the legislature a permanent method
96.11 for funding telecommunications access as part of the general
96.12 education revenue formula under Minnesota Statutes, section
96.13 126C.10. The commissioner shall consider the following in
96.14 making the recommendation:
96.15 (1) the range of costs for providing a minimum level of
96.16 telecommunications access for all students;
96.17 (2) the flexibility that is necessary to accommodate
96.18 emerging technological advances in the telecommunications field;
96.19 and
96.20 (3) other related efforts within the state, including the
96.21 state's higher education and public library systems.
96.22 Sec. 24. [CHISHOLM SCHOOL DISTRICT BONDS.]
96.23 Subdivision 1. [AUTHORIZATION.] Independent school
96.24 district No. 695, Chisholm, may issue bonds in an aggregate
96.25 principal amount not exceeding $4,250,000.
96.26 Subd. 2. [USES; PROCESS.] The bonds authorized under
96.27 subdivision 1 may be issued in addition to any bonds already
96.28 issued or authorized. The proceeds of the bonds shall be used
96.29 to provide funds to design, construct, equip, furnish, remodel,
96.30 rehabilitate, and acquire land for school facilities and
96.31 buildings and to pay any architect, engineer and legal fees
96.32 incidental to those purposes or to the sale of bonds. Except as
96.33 permitted by this section, the bonds shall be authorized,
96.34 issued, sold, executed, and delivered in the manner provided by
96.35 Minnesota Statutes, chapter 475. A referendum on the question
96.36 of issuing the bonds authorized under subdivision 1 is
97.1 required. A resolution of the board levying taxes for the
97.2 payment of the bonds and interest on them shall be deemed to be
97.3 in compliance with the provisions of Minnesota Statutes, chapter
97.4 475, with respect to the levying of taxes for their payment.
97.5 Subd. 3. [APPROPRIATION.] There is annually appropriated
97.6 from the distribution of taconite production tax revenues to the
97.7 taconite environmental protection fund pursuant to Minnesota
97.8 Statutes, section 298.28, subdivision 11, and to the northeast
97.9 Minnesota economic protection trust pursuant to Minnesota
97.10 Statutes, section 298.28, subdivisions 9 and 11, in equal
97.11 shares, an amount sufficient to pay when due 80 percent of the
97.12 principal and interest on the bonds issued under subdivision 1.
97.13 If the annual distribution to the northeast Minnesota economic
97.14 protection trust is insufficient to pay its share after
97.15 fulfilling any obligations of the trust under Minnesota
97.16 Statutes, section 298.225 or 298.293, the deficiency shall be
97.17 appropriated from the taconite environmental protection fund.
97.18 Subd. 4. [DISTRICT OBLIGATIONS.] Bonds issued under
97.19 authority of this section shall be the general obligations of
97.20 the school district, for which its full faith and credit and
97.21 unlimited taxing powers shall be pledged. If there are any
97.22 deficiencies in the amount received under subdivision 3, they
97.23 shall be satisfied by general levies, not subject to limit, on
97.24 all taxable properties in the district in accordance with
97.25 Minnesota Statutes, section 475.74. If any deficiency levies
97.26 are necessary, the school board may effect a temporary loan or
97.27 loans on certificates of indebtedness issued in anticipation of
97.28 them to meet payments of principal or interest on the bonds due
97.29 or about to become due.
97.30 Subd. 5. [DISTRICT LEVY.] The school board of the school
97.31 district authorized to issue bonds under subdivision 1 shall by
97.32 resolution levy on all property in the school district subject
97.33 to the general ad valorem school tax levies, and not subject to
97.34 taxation under Minnesota Statutes, sections 298.23 to 298.28, a
97.35 direct annual ad valorem tax for each year of the term of the
97.36 bonds in amounts that, if collected in full, will produce the
98.1 amounts needed to meet when due 20 percent of the principal and
98.2 interest payments on the bonds. A copy of the resolution shall
98.3 be filed, and the necessary taxes shall be extended, assessed,
98.4 collected, and remitted in accordance with Minnesota Statutes,
98.5 section 475.61.
98.6 Subd. 6. [LEVY LIMITATIONS.] Taxes levied pursuant to this
98.7 section shall be disregarded in the calculation of any other tax
98.8 levies or limits on tax levies provided by other law.
98.9 Subd. 7. [BONDING LIMITATIONS.] Bonds may be issued under
98.10 authority of this section notwithstanding any limitations upon
98.11 the indebtedness of a district, and their amounts shall not be
98.12 included in computing the indebtedness of a district for any
98.13 purpose, including the issuance of subsequent bonds and the
98.14 incurring of subsequent indebtedness.
98.15 Subd. 8. [TERMINATION OF APPROPRIATION.] The appropriation
98.16 authorized in subdivision 3 terminates upon payment or maturity
98.17 of the last of the bonds issued under this section.
98.18 Subd. 9. [BOND ISSUE REQUIREMENT.] No bonds may be issued
98.19 under this section after April 30, 2002, unless they are issued
98.20 under a contract in effect on or before April 30, 2002.
98.21 Subd. 10. [LOCAL APPROVAL.] This section is effective for
98.22 independent school district No. 695 the day after its governing
98.23 body complies with Minnesota Statutes, section 645.021,
98.24 subdivision 3.
98.25 Sec. 25. [GREENWAY-COLERAINE SCHOOL DISTRICT BONDS.]
98.26 Subdivision 1. [AUTHORIZATION.] Independent school
98.27 district No. 316, Greenway-Coleraine, may issue bonds in an
98.28 aggregate principal amount not exceeding $2,500,000.
98.29 Subd. 2. [USES; PROCESS.] The bonds authorized under
98.30 subdivision 1 may be issued in addition to any bonds already
98.31 issued or authorized. The proceeds of the bonds shall be used
98.32 to provide funds to design, construct, equip, furnish, remodel,
98.33 rehabilitate, and acquire land for school facilities and
98.34 buildings and to pay any architect, engineer and legal fees
98.35 incidental to those purposes or to the sale of bonds. Except as
98.36 permitted by this section, the bonds shall be authorized,
99.1 issued, sold, executed, and delivered in the manner provided by
99.2 Minnesota Statutes, chapter 475. A referendum on the question
99.3 of issuing the bonds authorized under subdivision 1 is
99.4 required. A resolution of the board levying taxes for the
99.5 payment of the bonds and interest on them shall be deemed to be
99.6 in compliance with the provisions of Minnesota Statutes, chapter
99.7 475, with respect to the levying of taxes for their payment.
99.8 Subd. 3. [APPROPRIATION.] There is annually appropriated
99.9 from the distribution of taconite production tax revenues to the
99.10 taconite environmental protection fund pursuant to Minnesota
99.11 Statutes, section 298.28, subdivision 11, and to the northeast
99.12 Minnesota economic protection trust pursuant to Minnesota
99.13 Statutes, section 298.28, subdivisions 9 and 11, in equal
99.14 shares, an amount sufficient to pay when due 80 percent of the
99.15 principal and interest on the bonds issued under subdivision 1.
99.16 If the annual distribution to the northeast Minnesota economic
99.17 protection trust is insufficient to pay its share after
99.18 fulfilling any obligations of the trust under Minnesota
99.19 Statutes, section 298.225 or 298.293, the deficiency shall be
99.20 appropriated from the taconite environmental protection fund.
99.21 Subd. 4. [DISTRICT OBLIGATIONS.] Bonds issued under
99.22 authority of this section shall be the general obligations of
99.23 the school district, for which its full faith and credit and
99.24 unlimited taxing powers shall be pledged. If there are any
99.25 deficiencies in the amount received under subdivision 3, they
99.26 shall be satisfied by general levies, not subject to limit, on
99.27 all taxable properties in the district in accordance with
99.28 Minnesota Statutes, section 475.74. If any deficiency levies
99.29 are necessary, the school board may effect a temporary loan or
99.30 loans on certificates of indebtedness issued in anticipation of
99.31 them to meet payments of principal or interest on the bonds due
99.32 or about to become due.
99.33 Subd. 5. [DISTRICT LEVY.] The school board of the school
99.34 district authorized to issue bonds under subdivision 1 shall by
99.35 resolution levy on all property in the school district subject
99.36 to the general ad valorem school tax levies, and not subject to
100.1 taxation under Minnesota Statutes, sections 298.23 to 298.28, a
100.2 direct annual ad valorem tax for each year of the term of the
100.3 bonds in amounts that, if collected in full, will produce the
100.4 amounts needed to meet when due 20 percent of the principal and
100.5 interest payments on the bonds. A copy of the resolution shall
100.6 be filed, and the necessary taxes shall be extended, assessed,
100.7 collected, and remitted in accordance with Minnesota Statutes,
100.8 section 475.61.
100.9 Subd. 6. [LEVY LIMITATIONS.] Taxes levied pursuant to this
100.10 section shall be disregarded in the calculation of any other tax
100.11 levies or limits on tax levies provided by other law.
100.12 Subd. 7. [BONDING LIMITATIONS.] Bonds may be issued under
100.13 authority of this section notwithstanding any limitations upon
100.14 the indebtedness of a district, and their amounts shall not be
100.15 included in computing the indebtedness of a district for any
100.16 purpose, including the issuance of subsequent bonds and the
100.17 incurring of subsequent indebtedness.
100.18 Subd. 8. [TERMINATION OF APPROPRIATION.] The appropriation
100.19 authorized in subdivision 3 terminates upon payment or maturity
100.20 of the last of the bonds issued under this section.
100.21 Subd. 9. [BOND ISSUE REQUIREMENT.] No bonds may be issued
100.22 under this section after April 30, 2002, unless they are issued
100.23 under a contract in effect on or before April 30, 2002.
100.24 Subd. 10. [LOCAL APPROVAL.] This section is effective for
100.25 independent school district No. 316 the day after its governing
100.26 body complies with Minnesota Statutes, section 645.021,
100.27 subdivision 3.
100.28 Sec. 26. [LAKE SUPERIOR SCHOOL DISTRICT BONDS.]
100.29 Subdivision 1. [AUTHORIZATION.] Independent school
100.30 district No. 381, Lake Superior, may issue bonds in an aggregate
100.31 principal amount not exceeding $6,000,000.
100.32 Subd. 2. [USES; PROCESS.] The bonds authorized under
100.33 subdivision 1 may be issued in addition to any bonds already
100.34 issued or authorized. The proceeds of the bonds shall be used
100.35 to provide funds to design, construct, equip, furnish, remodel,
100.36 rehabilitate, and acquire land for school facilities and
101.1 buildings and to pay any architect, engineer and legal fees
101.2 incidental to those purposes or to the sale of bonds. Except as
101.3 permitted by this section, the bonds shall be authorized,
101.4 issued, sold, executed, and delivered in the manner provided by
101.5 Minnesota Statutes, chapter 475. A referendum on the question
101.6 of issuing the bonds authorized under subdivision 1 is
101.7 required. A resolution of the board levying taxes for the
101.8 payment of the bonds and interest on them shall be deemed to be
101.9 in compliance with the provisions of Minnesota Statutes, chapter
101.10 475, with respect to the levying of taxes for their payment.
101.11 Subd. 3. [APPROPRIATION.] There is annually appropriated
101.12 from the distribution of taconite production tax revenues to the
101.13 taconite environmental protection fund pursuant to Minnesota
101.14 Statutes, section 298.28, subdivision 11, and to the northeast
101.15 Minnesota economic protection trust pursuant to Minnesota
101.16 Statutes, section 298.28, subdivisions 9 and 11, in equal
101.17 shares, an amount sufficient to pay when due 80 percent of the
101.18 principal and interest on the bonds issued under subdivision 1.
101.19 If the annual distribution to the northeast Minnesota economic
101.20 protection trust is insufficient to pay its share after
101.21 fulfilling any obligations of the trust under Minnesota
101.22 Statutes, section 298.225 or 298.293, the deficiency shall be
101.23 appropriated from the taconite environmental protection fund.
101.24 Subd. 4. [DISTRICT OBLIGATIONS.] Bonds issued under
101.25 authority of this section shall be the general obligations of
101.26 the school district, for which its full faith and credit and
101.27 unlimited taxing powers shall be pledged. If there are any
101.28 deficiencies in the amount received under subdivision 3, they
101.29 shall be satisfied by general levies, not subject to limit, on
101.30 all taxable properties in the district in accordance with
101.31 Minnesota Statutes, section 475.74. If any deficiency levies
101.32 are necessary, the school board may effect a temporary loan or
101.33 loans on certificates of indebtedness issued in anticipation of
101.34 them to meet payments of principal or interest on the bonds due
101.35 or about to become due.
101.36 Subd. 5. [DISTRICT LEVY.] The school board of the school
102.1 district authorized to issue bonds under subdivision 1 shall by
102.2 resolution levy on all property in the school district subject
102.3 to the general ad valorem school tax levies, and not subject to
102.4 taxation under Minnesota Statutes, sections 298.23 to 298.28, a
102.5 direct annual ad valorem tax for each year of the term of the
102.6 bonds in amounts that, if collected in full, will produce the
102.7 amounts needed to meet when due 20 percent of the principal and
102.8 interest payments on the bonds. A copy of the resolution shall
102.9 be filed, and the necessary taxes shall be extended, assessed,
102.10 collected, and remitted in accordance with Minnesota Statutes,
102.11 section 475.61.
102.12 Subd. 6. [LEVY LIMITATIONS.] Taxes levied pursuant to this
102.13 section shall be disregarded in the calculation of any other tax
102.14 levies or limits on tax levies provided by other law.
102.15 Subd. 7. [BONDING LIMITATIONS.] Bonds may be issued under
102.16 authority of this section notwithstanding any limitations upon
102.17 the indebtedness of a district, and their amounts shall not be
102.18 included in computing the indebtedness of a district for any
102.19 purpose, including the issuance of subsequent bonds and the
102.20 incurring of subsequent indebtedness.
102.21 Subd. 8. [TERMINATION OF APPROPRIATION.] The appropriation
102.22 authorized in subdivision 3 terminates upon payment or maturity
102.23 of the last of the bonds issued under this section.
102.24 Subd. 9. [BOND ISSUE REQUIREMENT.] No bonds may be issued
102.25 under this section after April 30, 2002, unless they are issued
102.26 under a contract in effect on or before April 30, 2002.
102.27 Subd. 10. [LOCAL APPROVAL.] This section is effective for
102.28 independent school district No. 381 the day after its governing
102.29 body complies with Minnesota Statutes, section 645.021,
102.30 subdivision 3.
102.31 Sec. 27. [REPEALER WITHOUT EFFECT.]
102.32 The repeal of Minnesota Statutes 1998, sections 123A.44;
102.33 123A.441; 123A.442; 123A.443; 123A.444; 123A.445; 123A.446;
102.34 123B.57, subdivisions 4, 5, and 7; 123B.59, subdivision 7;
102.35 123B.63, subdivisions 1 and 2; 123B.67; 123B.68; and 123B.69, by
102.36 Laws 1999, chapter 241, article 4, section 29, with an effective
103.1 date of May 26, 1999, is without effect and Minnesota Statutes
103.2 1998, sections 123A.44; 123A.441; 123A.442; 123A.443; 123A.444;
103.3 123A.445; 123A.446; 123B.57, subdivisions 4, 5, and 7; 123B.59,
103.4 subdivision 7; 123B.63, subdivisions 1 and 2; 123B.67; 123B.68;
103.5 and 123B.69, remain in effect after May 25, 1999.
103.6 EFFECTIVE DATE: This section is effective retroactive to
103.7 May 26, 1999.
103.8 Sec. 28. [APPROPRIATIONS.]
103.9 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
103.10 LEARNING.] The sums indicated in this section are appropriated
103.11 from the general fund to the department of children, families,
103.12 and learning for fiscal years designated.
103.13 Subd. 2. [TELECOMMUNICATION ACCESS REVENUE.] For
103.14 telecommunication access cost revenue under Minnesota Statutes,
103.15 section 125B.25:
103.16 $16,668,000 ..... 2001
103.17 Of this amount, $16,668,000 is for fiscal year 2001.
103.18 If the appropriation amount exceeds the revenue for the
103.19 2000-2001 school year, the commissioner shall increase the
103.20 reimbursement rate in Minnesota Statutes, section 125B.25,
103.21 subdivisions 5 and 6, to expend the full appropriation. If the
103.22 appropriation amount is insufficient, the commissioner shall
103.23 reduce the reimbursement rate in Minnesota Statutes, section
103.24 125B.25, subdivisions 5 and 6, and the revenue for the 2000-2001
103.25 school year shall be prorated. The reimbursement rate shall not
103.26 exceed 100 percent.
103.27 Subd. 3. [INTEREST ON FLOOD LOANS.] For interest paid on
103.28 flood loans:
103.29 $ 970,000 ..... 2000
103.30 Of this amount, $761,000 is for independent school district
103.31 No. 595, East Grand Forks, and $209,000 is for independent
103.32 school district No. 2854, Ada-Borup.
103.33 This is a one-time appropriation and is available until
103.34 June 30, 2001.
103.35 Subd. 4. [ONE-TIME DEFERRED MAINTENANCE AID.] For one-time
103.36 deferred maintenance aid:
104.1 $23,260,000 ..... 2001
104.2 This is a one-time appropriation.
104.3 EFFECTIVE DATE: This section is effective the day
104.4 following final enactment.
104.5 ARTICLE 6
104.6 KINDERGARTEN THROUGH GRADE 12 EDUCATION
104.7 EDUCATIONAL EXCELLENCE AND OTHER POLICY
104.8 Section 1. Minnesota Statutes 1998, section 120B.13,
104.9 subdivision 4, is amended to read:
104.10 Subd. 4. [INFORMATION.] The commissioner shall submit the
104.11 following information to the education committees of the
104.12 legislature each year by January February 1:
104.13 (1) the number of pupils enrolled in advanced placement and
104.14 international baccalaureate courses in each school district;
104.15 (2) the number of teachers in each district attending
104.16 training programs offered by the college board or International
104.17 Baccalaureate North America, Inc.;
104.18 (3) the number of teachers in each district participating
104.19 in support programs;
104.20 (4) recent trends in the field of advanced placement and
104.21 international baccalaureate programs;
104.22 (5) expenditures for each category in this section; and
104.23 (6) other recommendations for the state program.
104.24 Sec. 2. Minnesota Statutes 1999 Supplement, section
104.25 120B.30, subdivision 1, is amended to read:
104.26 Subdivision 1. [STATEWIDE TESTING.] (a) The commissioner,
104.27 with advice from experts with appropriate technical
104.28 qualifications and experience and stakeholders, shall include in
104.29 the comprehensive assessment system, for each grade level to be
104.30 tested, a single statewide norm-referenced or
104.31 criterion-referenced test, or a combination of a norm-referenced
104.32 and a criterion-referenced test, which shall be highly
104.33 correlated with the state's graduation standards and
104.34 administered annually to all students in the third, fifth, and
104.35 eighth grades. The commissioner shall establish one or more
104.36 months during which schools shall administer the tests to
105.1 students each school year. Only Minnesota basic skills tests in
105.2 reading, mathematics, and writing shall fulfill students'
105.3 testing requirements for a passing state notation. The passing
105.4 scores of the state tests in reading and mathematics are the
105.5 equivalent of:
105.6 (1) 70 percent correct for students entering grade 9 in
105.7 1996; and
105.8 (2) 75 percent correct for students entering grade 9 in
105.9 1997 and thereafter, as based on the first uniform test
105.10 administration of February 1998.
105.11 (b) In addition, at the secondary level, districts shall
105.12 assess student performance in all required learning areas and
105.13 selected required standards within each area of the profile of
105.14 learning. The testing instruments and testing process shall be
105.15 determined by the commissioner. The results shall be aggregated
105.16 at the site and district level. The testing shall be
105.17 administered beginning in the 1999-2000 school year and
105.18 thereafter.
105.19 (c) The comprehensive assessment system shall include an
105.20 evaluation of school site and school district performance levels
105.21 during the 1997-1998 school year and thereafter using an
105.22 established performance baseline developed from students' test
105.23 scores under this section that records, at a minimum, students'
105.24 unweighted mean test scores in each tested subject, a second
105.25 performance baseline that reports, at a minimum, the same
105.26 unweighted mean test scores of only those students enrolled in
105.27 the school by January 1 of the previous school year, and a third
105.28 performance baseline that reports the same unweighted test
105.29 scores of all students except those students receiving limited
105.30 English proficiency instruction. The evaluation also shall
105.31 record separately, in proximity to the performance baselines,
105.32 the percentages of students who are eligible to receive a free
105.33 or reduced price school meal, demonstrate limited English
105.34 proficiency, or are eligible to receive special education
105.35 services.
105.36 (d) In addition to the testing and reporting requirements
106.1 under paragraphs (a), (b), and (c), the commissioner shall
106.2 include the following components in the statewide educational
106.3 accountability and public reporting system:
106.4 (1) uniform statewide testing of all third, fifth, eighth,
106.5 and post-eighth grade students with exemptions, only with parent
106.6 or guardian approval, from the testing requirement only for
106.7 those very few students for whom the student's individual
106.8 education plan team under sections 125A.05 and 125A.06,
106.9 determines that the student is incapable of taking a statewide
106.10 test, or a limited English proficiency student under section
106.11 124D.59, subdivision 2, if the student has been in the United
106.12 States for fewer than 12 months and for whom special language
106.13 barriers exist, such as the student's native language does not
106.14 have a written form or the district does not have access to
106.15 appropriate interpreter services for the student's native
106.16 language;
106.17 (2) educational indicators that can be aggregated and
106.18 compared across school districts and across time on a statewide
106.19 basis;
106.20 (3) students' scores on the American College Test;
106.21 (4) participation in the National Assessment of Educational
106.22 Progress so that the state can benchmark its performance against
106.23 the nation and other states, and, where possible, against other
106.24 countries, and contribute to the national effort to monitor
106.25 achievement; and
106.26 (5) basic skills and advanced competencies connecting
106.27 teaching and learning to high academic standards, assessment,
106.28 and transitions to citizenship and employment.
106.29 (e) Districts must report exemptions under paragraph (d),
106.30 clause (1), to the commissioner consistent with a format
106.31 provided by the commissioner.
106.32 EFFECTIVE DATE: This section is effective the day
106.33 following final enactment and applies to test administrations
106.34 beginning in February 2000.
106.35 Sec. 3. [121A.582] [STUDENT DISCIPLINE; REASONABLE FORCE.]
106.36 Subdivision 1. [REASONABLE FORCE STANDARD.] (a) A teacher,
107.1 in exercising the person's lawful authority, may use reasonable
107.2 force when it is necessary under the circumstances to correct or
107.3 restrain a student or prevent bodily harm or death to another.
107.4 (b) A school employee, school bus driver, or other agent of
107.5 a district, in exercising the person's lawful authority, may use
107.6 reasonable force when it is necessary under the circumstances to
107.7 restrain a student or prevent bodily harm or death to another.
107.8 (c) Paragraphs (a) and (b) do not authorize conduct
107.9 prohibited under sections 121A.58 and 121A.67.
107.10 Subd. 2. [CIVIL LIABILITY.] (a) A teacher who, in the
107.11 exercise of the person's lawful authority, uses reasonable force
107.12 under the standard in subdivision 1, paragraph (a), has a
107.13 defense against a civil action for damages under section 123B.25.
107.14 (b) A school employee, bus driver, or other agent of a
107.15 district who, in the exercise of the person's lawful authority,
107.16 uses reasonable force under the standard in subdivision 1,
107.17 paragraph (b), has a defense against a civil action for damages
107.18 under section 123B.25.
107.19 Subd. 3. [CRIMINAL PROSECUTION.] (a) A teacher who, in the
107.20 exercise of the person's lawful authority, uses reasonable force
107.21 under the standard in subdivision 1, paragraph (a), has a
107.22 defense against a criminal prosecution under section 609.06,
107.23 subdivision 1.
107.24 (b) A school employee, bus driver, or other agent of a
107.25 district who, in the exercise of the person's lawful authority,
107.26 uses reasonable force under the standard in subdivision 1,
107.27 paragraph (b), has a defense against a criminal prosecution
107.28 under section 609.06, subdivision 1.
107.29 Subd. 4. [SUPPLEMENTARY RIGHTS AND DEFENSES.] Any right or
107.30 defense in this section is supplementary to those specified in
107.31 section 121A.58, 121A.67, 123B.25, or 609.06, subdivision 1.
107.32 EFFECTIVE DATE: This section is effective for the
107.33 2000-2001 school year and later.
107.34 Sec. 4. Minnesota Statutes 1998, section 121A.61,
107.35 subdivision 3, is amended to read:
107.36 Subd. 3. [POLICY COMPONENTS.] The policy must include at
108.1 least the following components:
108.2 (a) rules governing student conduct and procedures for
108.3 informing students of the rules;
108.4 (b) the grounds for removal of a student from a class;
108.5 (c) the authority of the classroom teacher to remove
108.6 students from the classroom pursuant to procedures and rules
108.7 established in the district's policy;
108.8 (d) the procedures for removal of a student from a class by
108.9 a teacher, school administrator, or other school district
108.10 employee;
108.11 (e) the period of time for which a student may be removed
108.12 from a class, which may not exceed five class periods for a
108.13 violation of a rule of conduct;
108.14 (f) provisions relating to the responsibility for and
108.15 custody of a student removed from a class;
108.16 (g) the procedures for return of a student to the specified
108.17 class from which the student has been removed;
108.18 (h) the procedures for notifying a student and the
108.19 student's parents or guardian of violations of the rules of
108.20 conduct and of resulting disciplinary actions;
108.21 (i) any procedures determined appropriate for encouraging
108.22 early involvement of parents or guardians in attempts to improve
108.23 a student's behavior;
108.24 (j) any procedures determined appropriate for encouraging
108.25 early detection of behavioral problems;
108.26 (k) any procedures determined appropriate for referring a
108.27 student in need of special education services to those services;
108.28 (1) the procedures for consideration of whether there is a
108.29 need for a further assessment or of whether there is a need for
108.30 a review of the adequacy of a current individual education plan
108.31 of a student with a disability who is removed from class;
108.32 (m) procedures for detecting and addressing chemical abuse
108.33 problems of a student while on the school premises;
108.34 (n) the minimum consequences for violations of the code of
108.35 conduct; and
108.36 (o) procedures for immediate and appropriate interventions
109.1 tied to violations of the code; and
109.2 (p) a provision that states that a teacher, school
109.3 employee, school bus driver, or other agent of a district may
109.4 use reasonable force in compliance with section 121A.582 and
109.5 other laws.
109.6 EFFECTIVE DATE: This section is effective for the
109.7 2001-2002 school year and thereafter.
109.8 Sec. 5. Minnesota Statutes 1999 Supplement, section
109.9 122A.23, is amended to read:
109.10 122A.23 [APPLICANTS TRAINED IN OTHER STATES.]
109.11 Subdivision 1. [PREPARATION EQUIVALENCY.] When a license
109.12 to teach is authorized to be issued to any holder of a diploma
109.13 or a degree of a Minnesota state university, or of the
109.14 University of Minnesota, or of a liberal arts university, or a
109.15 technical training institution, such license may also, in the
109.16 discretion of the board of teaching or the commissioner of
109.17 children, families, and learning, whichever has jurisdiction, be
109.18 issued to any holder of a diploma or a degree of a teacher
109.19 training institution of equivalent rank and standing of any
109.20 other state. The diploma or degree must be granted by virtue of
109.21 the completion of a course in teacher preparation essentially
109.22 equivalent in content to that required by such Minnesota state
109.23 university or the University of Minnesota or a liberal arts
109.24 university in Minnesota or a technical training institution as
109.25 preliminary to the granting of a diploma or a degree of the same
109.26 rank and class.
109.27 Subd. 2. [APPLICANTS LICENSED IN OTHER STATES.] (a)
109.28 Subject to the requirements of sections 122A.18, subdivision 8,
109.29 and 123B.03, the board of teaching must issue a teaching license
109.30 or a temporary teaching license under paragraphs (b) to (e) to
109.31 an applicant who holds at least a baccalaureate degree from a
109.32 regionally accredited college or university and holds or held a
109.33 similar out-of-state teaching license that requires the
109.34 applicant to successfully complete a teacher preparation program
109.35 approved by the issuing state, which includes field-specific
109.36 teaching methods and student teaching or essentially equivalent
110.1 experience.
110.2 (b) The board of teaching must issue a teaching license to
110.3 an applicant who:
110.4 (1) successfully completed all exams and human relations
110.5 preparation components required by the board of teaching; and
110.6 (2) holds or held an out-of-state teaching license to teach
110.7 the same content field and grade levels if the scope of the
110.8 out-of-state license is no more than one grade level less than a
110.9 similar Minnesota license.
110.10 (c) The board of teaching, consistent with board rules,
110.11 must issue up to three one-year temporary teaching licenses to
110.12 an applicant who holds or held an out-of-state teaching license
110.13 to teach the same content field and grade levels, where the
110.14 scope of the out-of-state license is no more than one grade
110.15 level less than a similar Minnesota license, but has not
110.16 successfully completed all exams and human relations preparation
110.17 components required by the board of teaching.
110.18 (d) The board of teaching, consistent with board rules,
110.19 must issue up to three one-year temporary teaching licenses to
110.20 an applicant who:
110.21 (1) successfully completed all exams and human relations
110.22 preparation components required by the board of teaching; and
110.23 (2) holds or held an out-of-state teaching license to teach
110.24 the same content field and grade levels, where the scope of the
110.25 out-of-state license is no more than one grade level less than a
110.26 similar Minnesota license, but has not completed field-specific
110.27 teaching methods, or student teaching or equivalent experience.
110.28 The applicant may complete field-specific teaching methods and
110.29 student teaching or equivalent experience by successfully
110.30 participating in a one-year school district mentorship program
110.31 consistent with board-adopted standards of effective practice
110.32 and Minnesota graduation requirements.
110.33 (e) The board of teaching must issue a temporary teaching
110.34 license for a term of up to three years only in the content
110.35 field or grade levels specified in the out-of-state license to
110.36 an applicant who:
111.1 (1) successfully completed all exams and human relations
111.2 preparation components required by the board of teaching; and
111.3 (2) holds or held an out-of-state teaching license where
111.4 the out-of-state license is more limited in the content field or
111.5 grade levels than a similar Minnesota license.
111.6 (f) The board of teaching must not issue to an applicant
111.7 more than three one-year temporary teaching licenses under this
111.8 subdivision.
111.9 (g) The board of teaching must not issue a license under
111.10 this subdivision if the applicant has not attained the
111.11 additional degrees, credentials, or licenses required in a
111.12 particular licensure field.
111.13 EFFECTIVE DATE: This section is effective the day
111.14 following final enactment.
111.15 Sec. 6. Minnesota Statutes 1998, section 123B.04,
111.16 subdivision 2, is amended to read:
111.17 Subd. 2. [AGREEMENT.] (a) Either the school board or the
111.18 school site decision-making team may request that the school
111.19 board enter into an agreement with a school site decision-making
111.20 team concerning the governance, management, or control of the
111.21 school. A school site decision-making team may include the
111.22 school principal, teachers in the school or their designee,
111.23 other employees in the school, parents of pupils in the school,
111.24 representatives of pupils in the school, or other members in the
111.25 community. The school site decision-making team shall include
111.26 the school principal or other person having general control and
111.27 supervision of the school. The site decision-making team must
111.28 reflect the diversity of the education site. No more than
111.29 one-half of the members shall be employees of the district,
111.30 unless an employee is the parent of a student enrolled in the
111.31 school site, in which case the employee may elect to serve as a
111.32 parent member of the site team.
111.33 (b) School site decision-making agreements must delegate
111.34 powers, duties, and broad management responsibilities to site
111.35 teams and involve staff members, students as appropriate, and
111.36 parents in decision making.
112.1 (c) An agreement shall include a statement of powers,
112.2 duties, responsibilities, and authority to be delegated to and
112.3 within the site.
112.4 (d) An agreement may include:
112.5 (1) an achievement contract according to subdivision 4;
112.6 (2) a mechanism to allow principals, or other persons
112.7 having general control and supervision of the school, to make
112.8 decisions regarding how financial and personnel resources are
112.9 best allocated at the site and from whom goods or services are
112.10 purchased;
112.11 (3) a mechanism to implement parental involvement programs
112.12 under section 124D.895 and to provide for effective parental
112.13 communication and feedback on this involvement at the site
112.14 level;
112.15 (4) a provision that would allow the team to determine who
112.16 is hired into licensed and nonlicensed positions;
112.17 (5) a provision that would allow teachers to choose the
112.18 principal or other person having general control;
112.19 (6) an amount of revenue allocated to the site under
112.20 subdivision 3; and
112.21 (7) any other powers and duties determined appropriate by
112.22 the board.
112.23 The school board of the district remains the legal employer
112.24 under clauses (4) and (5).
112.25 (e) Any powers or duties not delegated to the school site
112.26 management team in the school site management agreement shall
112.27 remain with the school board.
112.28 (f) Approved agreements shall be filed with the
112.29 commissioner. If a school board denies a request to enter into
112.30 a school site management agreement, it shall provide a copy of
112.31 the request and the reasons for its denial to the commissioner.
112.32 EFFECTIVE DATE: This section is effective July 1, 2000.
112.33 Sec. 7. [123B.055] [CONTRACTS FOR COMPUTERS OR RELATED
112.34 EQUIPMENT OR SERVICE.]
112.35 (a) The school board of a school district may not enter
112.36 into a contract or permit a school within the district to enter
113.1 into a contract for the use of a computer or related equipment
113.2 or service that requires advertising to be disseminated to
113.3 students unless the school board:
113.4 (1) enters into the contract at a public hearing of the
113.5 school board;
113.6 (2) makes a finding that the offered electronic product or
113.7 service is an integral component of students' education;
113.8 (3) provides written notice to students' parents that
113.9 advertising will be used in the classroom, media center,
113.10 computer lab, or other areas of learning, whether data will be
113.11 collected on students, and how that data will be used;
113.12 (4) as part of normal, ongoing district communications with
113.13 parents, allows parents to request in writing that (i) their
113.14 student not be exposed to the program that contains the
113.15 advertising for the current school year, or that (ii) any or all
113.16 data relating to the student that is collected as a result of
113.17 this contract is not disclosed; and
113.18 (5) honors parents' request, under clause (4), that their
113.19 student not be exposed to the advertising program or that data
113.20 relating to the student is not disclosed and allows parents to
113.21 withdraw their request at any time.
113.22 (b) Advertising under this section does not include:
113.23 (1) the identification of the source of the document or
113.24 information; and
113.25 (2) advertising that is generally available to the public
113.26 viewing a particular site or application and is not directed
113.27 specifically to students benefiting from a contract under
113.28 paragraph (a).
113.29 EFFECTIVE DATE: This section is effective the day
113.30 following final enactment.
113.31 Sec. 8. Minnesota Statutes 1998, section 123B.143,
113.32 subdivision 1, is amended to read:
113.33 Subdivision 1. [CONTRACT; DUTIES.] All districts
113.34 maintaining a classified secondary school must employ a
113.35 superintendent who shall be an ex officio nonvoting member of
113.36 the school board. The authority for selection and employment of
114.1 a superintendent must be vested in the board in all cases. An
114.2 individual employed by a board as a superintendent shall have an
114.3 initial employment contract for a period of time no longer than
114.4 three years from the date of employment. Any subsequent
114.5 employment contract must not exceed a period of three years. A
114.6 board, at its discretion, may or may not renew an employment
114.7 contract. A board must not, by action or inaction, extend the
114.8 duration of an existing employment contract. Beginning 365 days
114.9 prior to the expiration date of an existing employment contract,
114.10 a board may negotiate and enter into a subsequent employment
114.11 contract to take effect upon the expiration of the existing
114.12 contract. A subsequent contract must be contingent upon the
114.13 employee completing the terms of an existing contract. If a
114.14 contract between a board and a superintendent is terminated
114.15 prior to the date specified in the contract, the board may not
114.16 enter into another superintendent contract with that same
114.17 individual that has a term that extends beyond the date
114.18 specified in the terminated contract. A board may terminate a
114.19 superintendent during the term of an employment contract for any
114.20 of the grounds specified in section 122A.40, subdivision 9 or 13.
114.21 A superintendent shall not rely upon an employment contract with
114.22 a board to assert any other continuing contract rights in the
114.23 position of superintendent under section 122A.40.
114.24 Notwithstanding the provisions of sections 122A.40, subdivision
114.25 10 or 11, 123A.32, 123A.75, or any other law to the contrary, no
114.26 individual shall have a right to employment as a superintendent
114.27 based on order of employment in any district. If two or more
114.28 districts enter into an agreement for the purchase or sharing of
114.29 the services of a superintendent, the contracting districts have
114.30 the absolute right to select one of the individuals employed to
114.31 serve as superintendent in one of the contracting districts and
114.32 no individual has a right to employment as the superintendent to
114.33 provide all or part of the services based on order of employment
114.34 in a contracting district. The superintendent of a district
114.35 shall perform the following:
114.36 (1) visit and supervise the schools in the district, report
115.1 and make recommendations about their condition when advisable or
115.2 on request by the board;
115.3 (2) recommend to the board employment and dismissal of
115.4 teachers;
115.5 (3) superintend school grading practices and examinations
115.6 for promotions;
115.7 (4) make reports required by the commissioner;
115.8 (5) by January 10, submit an annual report to the
115.9 commissioner in a manner prescribed by the commissioner, in
115.10 consultation with school districts, identifying the expenditures
115.11 that the district requires to ensure an 80 percent and a 90
115.12 percent student passage rate on the basic standards test taken
115.13 in the eighth grade, identifying the amount of expenditures that
115.14 the district requires to ensure a 99 percent student passage
115.15 rate on the basic standards test by 12th grade, and how much the
115.16 district is cross-subsidizing programs with special education,
115.17 compensatory basic skills, and general education revenue; and
115.18 (6) perform other duties prescribed by the board.
115.19 Sec. 9. Minnesota Statutes 1998, section 123B.77,
115.20 subdivision 3, is amended to read:
115.21 Subd. 3. [STATEMENT FOR COMPARISON AND CORRECTION.] By
115.22 November 30 of the calendar year of the submission of the
115.23 unaudited financial data, the district must provide to the
115.24 commissioner audited financial data for the preceding fiscal
115.25 year. The audit must be conducted in compliance with generally
115.26 accepted governmental auditing standards, the federal Single
115.27 Audit Act, and the Minnesota legal compliance guide issued by
115.28 the office of the state auditor. An audited financial statement
115.29 prepared in a form which will allow comparison with and
115.30 correction of material differences in the unaudited financial
115.31 data shall be submitted to the commissioner and the state
115.32 auditor by December 31. The audited financial statement must
115.33 also provide a statement of assurance pertaining to uniform
115.34 financial accounting and reporting standards compliance and a
115.35 copy of the management letter submitted to the district by the
115.36 school district's auditor.
116.1 Sec. 10. Minnesota Statutes 1998, section 123B.79,
116.2 subdivision 7, is amended to read:
116.3 Subd. 7. [ACCOUNT TRANSFER FOR CERTAIN SEVERANCE PAY.] A
116.4 district may maintain in a designated reserve for certain
116.5 severance pay account not more than 50 percent of the amount
116.6 necessary to meet the obligations for the portion of severance
116.7 pay that constitutes compensation for accumulated sick leave to
116.8 be used for payment of premiums for group insurance provided for
116.9 former employees by the district. The amount necessary must be
116.10 calculated according to standards established by the advisory
116.11 council on uniform financial accounting and reporting
116.12 standards department.
116.13 Sec. 11. Minnesota Statutes 1999 Supplement, section
116.14 123B.83, subdivision 4, is amended to read:
116.15 Subd. 4. [SPECIAL OPERATING PLAN.] (1) If the net negative
116.16 unappropriated operating unreserved general fund balance as
116.17 defined in section 126C.01, subdivision 11, calculated in
116.18 accordance with the uniform financial accounting and reporting
116.19 standards for Minnesota school districts, as of June 30 each
116.20 year, is more than 2-1/2 percent of the year's expenditure
116.21 amount, the district must, prior to January 31 of the next
116.22 fiscal year, submit a special operating plan to reduce the
116.23 district's deficit expenditures to the commissioner for
116.24 approval. The commissioner may also require the district to
116.25 provide evidence that the district meets and will continue to
116.26 meet all high school graduation requirements.
116.27 Notwithstanding any other law to the contrary, a district
116.28 submitting a special operating plan to the commissioner under
116.29 this clause which is disapproved by the commissioner must not
116.30 receive any aid pursuant to chapters 120B, 122A, 123A, 123B,
116.31 124D, 125A, 126C, and 127A until a special operating plan of the
116.32 district is so approved.
116.33 (2) A district must receive aids pending the approval of
116.34 its special operating plan under clause (1). A district which
116.35 complies with its approved operating plan must receive aids as
116.36 long as the district continues to comply with the approved
117.1 operating plan.
117.2 Sec. 12. Minnesota Statutes 1998, section 123B.88,
117.3 subdivision 3, is amended to read:
117.4 Subd. 3. [TRANSPORTATION SERVICES CONTRACTS.] The board
117.5 may contract for the furnishing of authorized transportation
117.6 under rules established by the commissioner section 123B.52, and
117.7 may purchase gasoline and furnish same to a contract carrier for
117.8 use in the performance of a contract with the school district
117.9 for transportation of school children to and from school.
117.10 Sec. 13. Minnesota Statutes 1998, section 123B.90,
117.11 subdivision 1, is amended to read:
117.12 Subdivision 1. [SCHOOL BUS SAFETY WEEK.] The third week of
117.13 school is designated as school bus safety week.
117.14 A school board may designate one day of school bus safety
117.15 week as school bus driver day.
117.16 EFFECTIVE DATE: This section is effective the day
117.17 following final enactment.
117.18 Sec. 14. Minnesota Statutes 1999 Supplement, section
117.19 123B.90, subdivision 2, is amended to read:
117.20 Subd. 2. [STUDENT TRAINING.] (a) Each district must
117.21 provide public school pupils enrolled in grades kindergarten
117.22 through 10 with age-appropriate school bus safety training. The
117.23 training must be results-oriented and shall consist of both
117.24 classroom instruction and practical training using a school
117.25 bus. Upon completing the training, a student shall be able to
117.26 demonstrate knowledge and understanding of at least the
117.27 following competencies and concepts:
117.28 (1) transportation by school bus is a privilege and not a
117.29 right;
117.30 (2) district policies for student conduct and school bus
117.31 safety;
117.32 (3) appropriate conduct while on the school bus;
117.33 (4) the danger zones surrounding a school bus;
117.34 (5) procedures for safely boarding and leaving a school
117.35 bus;
117.36 (6) procedures for safe street or road crossing;
118.1 (7) school bus evacuation and other emergency procedures;
118.2 and
118.3 (8) appropriate training on the use of lap belts or lap and
118.4 shoulder belts, if the district uses buses equipped with lap
118.5 belts or lap and shoulder belts.
118.6 (b) Each nonpublic school located within the district must
118.7 provide all nonpublic school pupils enrolled in grades
118.8 kindergarten through 10 who are transported by school bus at
118.9 public expense and attend school within the district's
118.10 boundaries with training as required in paragraph (a). The
118.11 school district shall make a bus available for the practical
118.12 training if the district transports the nonpublic students.
118.13 Each nonpublic school shall provide the instruction.
118.14 (c) All students enrolled in grades kindergarten through 3
118.15 who are transported by school bus and are enrolled during the
118.16 first or second week of school must demonstrate achievement of
118.17 the school bus safety training competencies by the end of the
118.18 third week of school. All students enrolled in grades 4 through
118.19 10 who are transported by school bus and are enrolled during the
118.20 first or second week of school must demonstrate achievement of
118.21 the competencies by the end of the sixth week of school.
118.22 Students enrolled in grades kindergarten through 10 who enroll
118.23 in a school after the second week of school and are transported
118.24 by school bus shall undergo school bus safety training and
118.25 demonstrate achievement of the school bus safety competencies
118.26 within four weeks of the first day of attendance. The pupil
118.27 school transportation safety director in each district must
118.28 certify to the commissioner annually that all students
118.29 transported by school bus within the district have
118.30 satisfactorily demonstrated knowledge and understanding of the
118.31 school bus safety competencies according to this section or
118.32 provide an explanation for a student's failure to demonstrate
118.33 the competencies. The principal or other chief administrator of
118.34 each nonpublic school must certify annually to the public school
118.35 transportation safety director of the district in which the
118.36 school is located that all of the school's students transported
119.1 by school bus at public expense have received training. A
119.2 district may deny transportation to a student who fails to
119.3 demonstrate the competencies, unless the student is unable to
119.4 achieve the competencies due to a disability, or to a student
119.5 who attends a nonpublic school that fails to provide training as
119.6 required by this subdivision.
119.7 (d) A district and a nonpublic school with students
119.8 transported by school bus at public expense must, to the extent
119.9 possible, provide kindergarten pupils with bus safety training
119.10 before the first day of school.
119.11 (e) A district and a nonpublic school with students
119.12 transported by school bus at public expense must also provide
119.13 student safety education for bicycling and pedestrian safety,
119.14 for students enrolled in grades kindergarten through 5.
119.15 (f) A district and a nonpublic school with students
119.16 transported by school bus at public expense must make reasonable
119.17 accommodations for the school bus, bicycle, and pedestrian
119.18 safety training of pupils known to speak English as a second
119.19 language and pupils with disabilities.
119.20 Sec. 15. Minnesota Statutes 1999 Supplement, section
119.21 123B.91, subdivision 1, is amended to read:
119.22 Subdivision 1. [COMPREHENSIVE POLICY.] (a) Each district
119.23 must shall develop and implement a comprehensive, written policy
119.24 governing pupil transportation safety, including transportation
119.25 of nonpublic school students, when applicable. The
119.26 policy shall, at minimum, must contain:
119.27 (1) provisions for appropriate student bus safety training
119.28 under section 123B.90;
119.29 (2) rules governing student conduct on school buses and in
119.30 school bus loading and unloading areas;
119.31 (3) a statement of parent or guardian responsibilities
119.32 relating to school bus safety;
119.33 (4) provisions for notifying students and parents or
119.34 guardians of their responsibilities and the rules, including the
119.35 district's seat belt policy, if applicable;
119.36 (5) an intradistrict system for reporting school bus
120.1 accidents or misconduct and a system for dealing with local law
120.2 enforcement officials in cases of criminal conduct on a school
120.3 bus;
120.4 (6) a discipline policy to address violations of school bus
120.5 safety rules, including procedures for revoking a student's bus
120.6 riding privileges in cases of serious or repeated misconduct;
120.7 (7) a system for integrating school bus misconduct records
120.8 with other discipline records;
120.9 (8) a statement of bus driver duties;
120.10 (9) planned expenditures for safety activities under
120.11 section 123B.89 and, where applicable, provisions governing bus
120.12 monitor qualifications, training, and duties;
120.13 (10) rules governing the use and maintenance of type III
120.14 vehicles, drivers of type III vehicles, qualifications to drive
120.15 a type III vehicle, qualifications for a type III vehicle, and
120.16 the circumstances under which a student may be transported in a
120.17 type III vehicle;
120.18 (11) operating rules and procedures;
120.19 (12) provisions for annual bus driver in-service training
120.20 and evaluation;
120.21 (13) emergency procedures;
120.22 (14) a system for maintaining and inspecting equipment;
120.23 (15) requirements of the school district, if any, that
120.24 exceed state law minimum requirements for school bus operations;
120.25 and
120.26 (16) requirements for basic first aid training, which must
120.27 include the Heimlich maneuver and procedures for dealing with
120.28 obstructed airways, shock, bleeding, and seizures.
120.29 (b) Districts are encouraged to use the model policy
120.30 developed by the Minnesota school boards association, the
120.31 department of public safety, and the department of children,
120.32 families, and learning, as well as the current edition of the
120.33 "National Standards for School Buses and Operations
120.34 Transportation," published by the National Safety Council, in
120.35 developing safety policies. Each district shall review its
120.36 policy annually and make appropriate amendments, which must be
121.1 submitted to the school bus safety advisory committee within one
121.2 month of approval by the school board to ensure that it conforms
121.3 to law.
121.4 EFFECTIVE DATE: This section is effective the day
121.5 following final enactment.
121.6 Sec. 16. Minnesota Statutes 1998, section 124D.03,
121.7 subdivision 1, is amended to read:
121.8 Subdivision 1. [ESTABLISHMENT.] (a) An enrollment options
121.9 program is established to enable any pupil to attend a school or
121.10 program in a district in which the pupil does not reside,
121.11 subject to the limitations in this section.
121.12 (b) A district may refuse to allow a pupil who is expelled
121.13 under section 121A.45 to enroll during the term of the expulsion
121.14 if the student was expelled for:
121.15 (1) possessing a dangerous weapon, as defined by United
121.16 States Code, title 18, section 930, paragraph (g)(2), at school
121.17 or a school function;
121.18 (2) possessing or using an illegal drug at school or a
121.19 school function;
121.20 (3) selling or soliciting the sale of a controlled
121.21 substance while at school or a school function; or
121.22 (4) committing a third-degree assault as described in
121.23 section 609.223, subdivision 1.
121.24 EFFECTIVE DATE: This section is effective for the
121.25 2000-2001 school year and later.
121.26 Sec. 17. Minnesota Statutes 1998, section 124D.081,
121.27 subdivision 6, is amended to read:
121.28 Subd. 6. [PREPAREDNESS REVENUE.] (a) A qualifying school
121.29 district is eligible for first-grade preparedness revenue equal
121.30 to the basic formula allowance for that year times the number of
121.31 children five years of age or older enrolled in a kindergarten
121.32 program at the site on October 1 of the previous year times .53.
121.33 (b) This revenue must supplement and not replace
121.34 compensatory revenue that the district uses for the same or
121.35 similar purposes under chapters 120B, 123A, 123B, 124D, 126C,
121.36 and 127A.
122.1 (c) A pupil enrolled in the first grade preparedness
122.2 program at a qualifying school site is eligible for
122.3 transportation under section 123B.88, subdivision 1.
122.4 (d) First grade preparedness revenue paid to a charter
122.5 school for which a school district is providing transportation
122.6 according to section 124D.10, subdivision 16, shall be decreased
122.7 by an amount equal to the product of $170 the formula allowance
122.8 according to section 126C.10, subdivision 2, times .0485 times
122.9 the pupil units calculated according to paragraph (a). This
122.10 amount shall be paid to the school district for transportation
122.11 costs.
122.12 Sec. 18. Minnesota Statutes 1999 Supplement, section
122.13 124D.10, subdivision 3, is amended to read:
122.14 Subd. 3. [SPONSOR.] A school board,; intermediate school
122.15 district school board,; education districts district organized
122.16 under sections 123A.15 to 123A.19,; charitable organization
122.17 under section 501(c)(3) of the Internal Revenue Code of 1986
122.18 that is a member of the Minnesota council of nonprofits or the
122.19 Minnesota council on foundations, registered with the attorney
122.20 general's office, and reports an end-of-year fund balance of at
122.21 least $2,000,000; Minnesota private college, that grants two- or
122.22 four-year degrees and is registered with the higher education
122.23 services office under chapter 136A; community college, state
122.24 university, or technical college, governed by the board of
122.25 trustees of the Minnesota state colleges and universities; or
122.26 the University of Minnesota may sponsor one or more charter
122.27 schools.
122.28 EFFECTIVE DATE: This section is effective the day
122.29 following final enactment.
122.30 Sec. 19. Minnesota Statutes 1999 Supplement, section
122.31 124D.10, subdivision 8, is amended to read:
122.32 Subd. 8. [STATE AND LOCAL REQUIREMENTS.] (a) A charter
122.33 school shall meet all applicable state and local health and
122.34 safety requirements.
122.35 (b) A school sponsored by a school board may be located in
122.36 any district, unless the school board of the district of the
123.1 proposed location disapproves by written resolution. If such a
123.2 board denies a request to locate within its boundaries a charter
123.3 school sponsored by another school board, the sponsoring school
123.4 board may appeal to the commissioner. If the commissioner
123.5 authorizes the school, the commissioner must sponsor the school.
123.6 (c) A charter school must be nonsectarian in its programs,
123.7 admission policies, employment practices, and all other
123.8 operations. A sponsor may not authorize a charter school or
123.9 program that is affiliated with a nonpublic sectarian school or
123.10 a religious institution.
123.11 (d) Charter schools must not be used as a method of
123.12 providing education or generating revenue for students who are
123.13 being home-schooled.
123.14 (e) The primary focus of a charter school must be to
123.15 provide a comprehensive program of instruction for at least one
123.16 grade or age group from five through 18 years of age.
123.17 Instruction may be provided to people younger than five years
123.18 and older than 18 years of age.
123.19 (f) A charter school may not charge tuition.
123.20 (g) A charter school is subject to and must comply with
123.21 chapter 363 and section 121A.04.
123.22 (h) A charter school is subject to and must comply with The
123.23 Pupil Fair Dismissal Act, sections 121A.40 to 121A.56, and the
123.24 Minnesota Public School Fee law, sections 123B.34 to 123B.39.
123.25 (i) A charter school is subject to the same financial
123.26 audits, audit procedures, and audit requirements as a district.
123.27 The audit must be consistent comply with the requirements of
123.28 sections 123B.75 to 123B.83, except to the extent deviations are
123.29 necessary because of the program at the school. The department
123.30 of children, families, and learning, state auditor, or
123.31 legislative auditor may conduct financial, program, or
123.32 compliance audits. A charter school determined to be in
123.33 statutory operating debt under sections 123B.81 to 123B.83 must
123.34 submit a plan under section 123B.81, subdivision 4.
123.35 (j) A charter school is a district for the purposes of tort
123.36 liability under chapter 466.
124.1 EFFECTIVE DATE: This section is effective the day
124.2 following final enactment.
124.3 Sec. 20. Minnesota Statutes 1998, section 124D.10,
124.4 subdivision 9, is amended to read:
124.5 Subd. 9. [ADMISSION REQUIREMENTS.] A charter school may
124.6 limit admission to:
124.7 (1) pupils within an age group or grade level;
124.8 (2) people who are eligible to participate in the
124.9 graduation incentives program under section 124D.68; or
124.10 (3) residents of a specific geographic area where the
124.11 percentage of the population of non-Caucasian people of that
124.12 area is greater than the percentage of the non-Caucasian
124.13 population in the congressional district in which the geographic
124.14 area is located, and as long as the school reflects the racial
124.15 and ethnic diversity of the specific area.
124.16 A charter school shall enroll an eligible pupil who submits
124.17 a timely application, unless the number of applications exceeds
124.18 the capacity of a program, class, grade level, or building. In
124.19 this case, pupils must be accepted by lot. If a charter school
124.20 is the only school located in a town serving pupils within a
124.21 particular grade level, then pupils that are residents of the
124.22 town must be given preference for enrollment before accepting
124.23 pupils by lot. If a pupil lives within two miles of a charter
124.24 school and the next closest public school is more than five
124.25 miles away, the charter school must give those pupils preference
124.26 for enrollment before accepting other pupils by lot.
124.27 A charter school shall give preference for enrollment to a
124.28 sibling of an enrolled pupil and to a foster child of that
124.29 pupil's parents before accepting other pupils by lot.
124.30 A charter school may not limit admission to pupils on the
124.31 basis of intellectual ability, measures of achievement or
124.32 aptitude, or athletic ability.
124.33 Sec. 21. Minnesota Statutes 1999 Supplement, section
124.34 124D.10, subdivision 11, is amended to read:
124.35 Subd. 11. [EMPLOYMENT AND OTHER OPERATING MATTERS.] A
124.36 charter school must employ or contract with necessary teachers,
125.1 as defined by section 122A.15, subdivision 1, who hold valid
125.2 licenses to perform the particular service for which they are
125.3 employed in the school. The charter school's state aid may be
125.4 reduced under section 127A.42 if the school employs a teacher
125.5 who is not appropriately licensed or approved by the board of
125.6 teaching. The school may employ necessary employees who are not
125.7 required to hold teaching licenses to perform duties other than
125.8 teaching and may contract for other services. The school may
125.9 discharge teachers and nonlicensed employees. A person, without
125.10 holding a valid administrator's license, may perform
125.11 administrative, supervisory, or instructional leadership duties.
125.12 The board of directors also shall decide matters related to
125.13 the operation of the school, including budgeting, curriculum and
125.14 operating procedures.
125.15 EFFECTIVE DATE: This section is effective the day
125.16 following final enactment.
125.17 Sec. 22. Minnesota Statutes 1999 Supplement, section
125.18 124D.10, subdivision 15, is amended to read:
125.19 Subd. 15. [REVIEW AND COMMENT.] The department must review
125.20 and comment on the evaluation, by the chartering school district
125.21 sponsor, of the performance of a charter school before the
125.22 charter school's contract is renewed. A sponsor shall monitor
125.23 and evaluate the fiscal and student performance of the school,
125.24 and may for this purpose annually assess the school up to $10
125.25 per student up to a maximum of $3,500. The information from for
125.26 the review and comment shall be reported by the sponsor to the
125.27 commissioner of children, families, and learning in a timely
125.28 manner. Periodically, the commissioner shall report trends or
125.29 suggestions based on the evaluation of charter school contracts
125.30 to the education committees of the state legislature.
125.31 EFFECTIVE DATE: This section is effective the day
125.32 following final enactment.
125.33 Sec. 23. Minnesota Statutes 1999 Supplement, section
125.34 124D.10, subdivision 23, is amended to read:
125.35 Subd. 23. [CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER
125.36 SCHOOL CONTRACT.] (a) The duration of the contract with a
126.1 sponsor must be for the term contained in the contract according
126.2 to subdivision 6. The sponsor may or may not renew a contract
126.3 at the end of the term for any ground listed in paragraph (b).
126.4 A sponsor may unilaterally terminate a contract during the term
126.5 of the contract for any ground listed in paragraph (b). At
126.6 least 60 days before not renewing or terminating a contract, the
126.7 sponsor shall notify the board of directors of the charter
126.8 school of the proposed action in writing. The notice shall
126.9 state the grounds for the proposed action in reasonable detail
126.10 and that the charter school's board of directors may request in
126.11 writing an informal hearing before the sponsor within 14 days of
126.12 receiving notice of nonrenewal or termination of the contract.
126.13 Failure by the board of directors to make a written request for
126.14 a hearing within the 14-day period shall be treated as
126.15 acquiescence to the proposed action. Upon receiving a timely
126.16 written request for a hearing, the sponsor shall give reasonable
126.17 notice to the charter school's board of directors of the hearing
126.18 date. The sponsor shall conduct an informal hearing before
126.19 taking final action. The sponsor shall take final action to
126.20 renew or not renew a contract by the last day of classes in the
126.21 school year. If the sponsor is a local board, the school's
126.22 board of directors may appeal the sponsor's decision to the
126.23 commissioner.
126.24 (b) A contract may be terminated or not renewed upon any of
126.25 the following grounds:
126.26 (1) failure to meet the requirements for pupil performance
126.27 contained in the contract;
126.28 (2) failure to meet generally accepted standards of fiscal
126.29 management;
126.30 (3) violations of law; or
126.31 (4) other good cause shown.
126.32 If a contract is terminated or not renewed, the school must
126.33 be dissolved according to the applicable provisions of chapter
126.34 308A or 317A, except when the commissioner approves the decision
126.35 of a different eligible sponsor to authorize the charter school.
126.36 (c) The commissioner, after providing reasonable notice to
127.1 the board of directors of a charter school and the existing
127.2 sponsor, and after providing an opportunity for a public
127.3 hearing, may terminate the existing sponsorial relationship if
127.4 the charter school has a history of:
127.5 (1) financial mismanagement; or
127.6 (2) repeated violations of the law.
127.7 EFFECTIVE DATE: This section is effective the day
127.8 following final enactment.
127.9 Sec. 24. Minnesota Statutes 1999 Supplement, section
127.10 124D.11, subdivision 6, is amended to read:
127.11 Subd. 6. [OTHER AID, GRANTS, REVENUE.] (a) A charter
127.12 school is eligible to receive other aids, grants, and revenue
127.13 according to chapters 120A to 129C, as though it were a district.
127.14 (b) Notwithstanding paragraph (a), a charter school may not
127.15 receive aid, a grant, or revenue if a levy is required to obtain
127.16 the money, except as otherwise provided in this section.
127.17 (c) Federal aid received by the state must be paid to the
127.18 school, if it qualifies for the aid as though it were a school
127.19 district.
127.20 (d) A charter school may receive money from any source for
127.21 capital facilities needs. In the year-end report to the
127.22 commissioner of children, families, and learning, the charter
127.23 school shall report the total amount of funds received from
127.24 grants and other outside sources.
127.25 (e) Notwithstanding paragraph (a) or (b), a charter school
127.26 is eligible may apply for a grant to receive the aid portion of
127.27 integration revenue under section 124D.86, subdivision 3, for
127.28 enrolled students who are residents of a district that is
127.29 eligible for integration revenue if the enrollment of the pupil
127.30 in the charter school contributes to desegregation or
127.31 integration purposes. The commissioner shall determine grant
127.32 recipients and may adopt application guidelines. The grants
127.33 must be competitively determined and must demonstrate that
127.34 enrolling pupils in the charter school contributes to
127.35 desegregation or integration purposes as determined by the
127.36 commissioner. If the charter school has elected not to provide
128.1 transportation under section 124D.10, subdivision 16, the aid
128.2 shall be reduced by the amount per pupil unit specified for the
128.3 district where the charter school is located under section
128.4 123B.92, subdivision 8.
128.5 EFFECTIVE DATE: This section is effective the day
128.6 following final enactment.
128.7 Sec. 25. [125B.22] [INTERNET ACCESS FOR STUDENTS.]
128.8 (a) Recognizing the difference between school libraries,
128.9 school computer labs, and school media centers, which serve
128.10 unique educational purposes, and public libraries, which are
128.11 designed for public inquiry, all computers at a school site with
128.12 access to the Internet available for student use must be
128.13 equipped to restrict, including by use of available software
128.14 filtering technology or other effective methods, all student
128.15 access to material that is reasonably believed to be obscene or
128.16 child pornography or material harmful to minors under federal or
128.17 state law.
128.18 (b) A school site is not required to purchase filtering
128.19 technology if the school site would incur more than incidental
128.20 expense in making the purchase.
128.21 (c) A school district receiving technology revenue under
128.22 section 125B.25 must prohibit, including through use of
128.23 available software filtering technology or other effective
128.24 methods, adult access to material that under federal or state
128.25 law is reasonably believed to be obscene or child pornography.
128.26 (d) A school district, its agents or employees, are immune
128.27 from liability for failure to comply with this section if they
128.28 have made a good faith effort to comply with the requirements of
128.29 this section.
128.30 (e) "School site" means an education site as defined in
128.31 section 123B.04, subdivision 1, or charter school under section
128.32 124D.10.
128.33 Sec. 26. Minnesota Statutes 1999 Supplement, section
128.34 127A.05, subdivision 6, is amended to read:
128.35 Subd. 6. [SURVEY OF DISTRICTS.] The commissioner of
128.36 children, families, and learning shall survey the state's school
129.1 districts and teacher preparation programs and report to the
129.2 education committees of the legislature by January 15 of each
129.3 odd-numbered year on the status of teacher early retirement
129.4 patterns, the teacher shortage, and the substitute teacher
129.5 shortage, including patterns and shortages in subject areas and
129.6 regions of the state. The report must also include how
129.7 districts are making progress in hiring teachers and substitutes
129.8 in the areas of shortage and a five-year projection of teacher
129.9 demand for each district.
129.10 Sec. 27. [134.77] [INTERNET ACCESS; LIBRARIES.]
129.11 (a) Recognizing the difference between public libraries,
129.12 which are designed for public inquiry, and school libraries,
129.13 school computer labs, and school media centers, which serve
129.14 unique educational purposes, all public library computers with
129.15 access to the Internet available for use by children under the
129.16 age of 17 must be equipped to restrict, including by use of
129.17 available software filtering technology or other effective
129.18 methods, all access by children to material that is reasonably
129.19 believed to be obscene or child pornography or material harmful
129.20 to minors under federal or state law.
129.21 (b) A public library is not required to purchase filtering
129.22 technology if the public library would incur more than
129.23 incidental expense in making the purchase.
129.24 (c) A public library that receives state money must
129.25 prohibit, including through the use of available software
129.26 filtering technology or other effective methods, adult access to
129.27 material that under federal or state law is reasonably believed
129.28 to be obscene or child pornography. A public library may remove
129.29 a person from the library if the person gains access or attempts
129.30 to gain access to materials prohibited under this section by
129.31 intentionally bypassing the filtering technology or other method
129.32 used by the library.
129.33 (d) A public library, its agents or employees, are immune
129.34 from liability for failure to comply with this section if they
129.35 have made a good faith effort to comply with the requirements of
129.36 this section.
130.1 (e) This section does not apply to the libraries of
130.2 post-secondary institutions.
130.3 Sec. 28. Minnesota Statutes 1998, section 169.447, is
130.4 amended by adding a subdivision to read:
130.5 Subd. 2a. [PASSENGER LAP AND SHOULDER BELTS.] (a) In
130.6 addition to the requirements in section 169.4501, subdivision 1,
130.7 a school bus may be equipped with an approved lap belt or an
130.8 approved lap and shoulder belt installed for each
130.9 passenger-seating position on the bus. The design and
130.10 installation of lap belts and lap and shoulder belts required
130.11 under this paragraph must meet the standards of the commissioner
130.12 established under paragraph (b).
130.13 (b) The commissioner shall consider all concerns necessary
130.14 to properly integrate lap belts or lap and shoulder belts into
130.15 the current compartmentalization safety system and prescribe
130.16 standards for the design and installation of lap and shoulder
130.17 belts required under paragraph (a). The standards are not
130.18 subject to chapter 14 and are specifically not subject to
130.19 section 14.386.
130.20 (c) This subdivision does not apply to specially equipped
130.21 school buses under section 169.4504.
130.22 (d) A passenger on a school bus equipped with lap belts or
130.23 lap and shoulder belts must use these lap belts or lap and
130.24 shoulder belts unless the passenger, or if the passenger is a
130.25 minor, the passenger's parent or guardian, has notified the
130.26 school district in writing that the passenger does not intend to
130.27 wear the lap belt or lap and shoulder belt.
130.28 (e) In an action for personal injury or wrongful death
130.29 against a school district, a school bus operator under contract
130.30 with a school district, or any agent or employee of a school
130.31 district or operator, or against a volunteer, no such person or
130.32 entity shall be held liable solely because the injured party was
130.33 not wearing a safety belt; provided, however, that nothing
130.34 contained herein shall be construed to grant immunity from
130.35 liability for failure to:
130.36 (1) maintain in operating order any equipment required by
131.1 statute, rule, or school district policy; or
131.2 (2) comply with an applicable statute, rule, or school
131.3 district policy.
131.4 (f) In an action for personal injury or wrongful death, a
131.5 school district, a school bus contract operator, any agent or
131.6 employee of a school district or operator, or a volunteer is not
131.7 liable for failing to assist any child with the adjustment,
131.8 fastening, unfastening, or other use of the lap belt or lap and
131.9 shoulder belt.
131.10 EFFECTIVE DATE: This section is effective the day
131.11 following final enactment.
131.12 Sec. 29. Minnesota Statutes 1998, section 169.448,
131.13 subdivision 3, is amended to read:
131.14 Subd. 3. [HEAD START VEHICLE.] Notwithstanding subdivision
131.15 1, a vehicle used to transport passengers students under Public
131.16 Law Number 99-425, the Head Start Act, may be equipped as a
131.17 school bus or Head Start bus.
131.18 EFFECTIVE DATE: This section is effective the day
131.19 following final enactment.
131.20 Sec. 30. Minnesota Statutes 1999 Supplement, section
131.21 169.974, subdivision 2, is amended to read:
131.22 Subd. 2. [LICENSE ENDORSEMENT AND PERMIT REQUIREMENTS.]
131.23 (a) No person shall operate a motorcycle on any street or
131.24 highway without having a valid standard driver's license with a
131.25 two-wheeled vehicle endorsement as provided by law. No such The
131.26 commissioner of public safety shall issue a two-wheeled vehicle
131.27 endorsement shall be issued unless the person applying
131.28 therefor only if the applicant (1) has in possession a valid
131.29 two-wheeled vehicle instruction permit as provided herein in
131.30 paragraph (b), (2) has passed a written examination and road
131.31 test administered by the department of public safety for such
131.32 the endorsement, and, (3) in the case of applicants under 18
131.33 years of age, shall present presents a certificate or other
131.34 evidence of having successfully completed an approved
131.35 two-wheeled vehicle driver's safety course in this or another
131.36 state, in accordance with rules promulgated adopted by the
132.1 commissioner of children, families, and learning for courses
132.2 offered through the public schools, or rules promulgated by the
132.3 commissioner of public safety for courses offered by a public,
132.4 private, or commercial school or institute. The commissioner of
132.5 public safety may waive the road test for any applicant on
132.6 determining that the applicant possesses a valid license to
132.7 operate a two-wheeled vehicle issued by a jurisdiction that
132.8 requires a comparable road test for license issuance.
132.9 (b) The commissioner of public safety shall issue a
132.10 two-wheeled vehicle instruction permit shall be issued to any
132.11 person over 16 years of age, who (1) is in possession of a valid
132.12 driver's license, who (2) is enrolled in an approved two-wheeled
132.13 vehicle driver's safety course, and who (3) has passed a written
132.14 examination for such the permit and has paid such a fee as
132.15 prescribed by the commissioner of public safety shall
132.16 prescribe. A two-wheeled vehicle instruction permit shall be is
132.17 effective for one year, and may be renewed under rules to be
132.18 prescribed by the commissioner of public safety.
132.19 (c) No person who is operating by virtue of a two-wheeled
132.20 vehicle instruction permit shall:
132.21 (a) (1) carry any passengers on the streets and highways of
132.22 this state on the motorcycle which while the person is operating
132.23 the motorcycle;
132.24 (b) (2) drive the motorcycle at nighttime night;
132.25 (c) (3) drive the motorcycle on any highway marked by the
132.26 commissioner as an interstate highway pursuant to title 23 of
132.27 the United States Code; or
132.28 (d) (4) drive the motorcycle without wearing protective
132.29 headgear that complies with standards established by the
132.30 commissioner of public safety.
132.31 (d) Notwithstanding the provisions of this subdivision
132.32 paragraph (a), (b), or (c), the commissioner of public safety
132.33 may, however, issue a special motorcycle permit, restricted or
132.34 qualified in such manner as the commissioner of public
132.35 safety shall deem deems proper, to any person demonstrating a
132.36 need therefor for the permit and unable to qualify for a
133.1 standard driver's license.
133.2 Sec. 31. Minnesota Statutes 1999 Supplement, section
133.3 171.05, subdivision 2, is amended to read:
133.4 Subd. 2. [PERSON LESS THAN 18 YEARS OF AGE.] (a)
133.5 Notwithstanding any provision in subdivision 1 to the contrary,
133.6 the department, upon application therefor, may issue an
133.7 instruction permit to an applicant who is 15, 16, or 17 years of
133.8 age and the applicant who:
133.9 (1) has completed a course of driver education in another
133.10 state, has a previously issued valid license from another state,
133.11 or is enrolled in one of the following types of driver education
133.12 programs either:
133.13 (i) a public, private, or commercial driver education
133.14 program offered through the public schools that is approved by
133.15 the commissioner of public safety and that includes classroom
133.16 and behind-the-wheel training and that has been approved by the
133.17 commissioner of children, families, and learning; or
133.18 (ii) a course offered by a private, commercial driver
133.19 education school or institute that includes classroom and
133.20 behind-the-wheel training and that has been approved by the
133.21 department of public safety; or
133.22 (iii) an approved behind-the-wheel driver education program
133.23 when the student is receiving full-time instruction in a home
133.24 school within the meaning of sections 120A.22 and 120A.24, the
133.25 student is working toward a home-school diploma, the student's
133.26 status as a home-school student has been certified by the
133.27 superintendent of the school district in which the student
133.28 resides, and the student is taking home-classroom driver
133.29 training with classroom materials approved by the commissioner
133.30 of public safety;
133.31 (2) has completed the classroom phase of instruction in the
133.32 driver education program;
133.33 (3) has passed a test of the applicant's eyesight;
133.34 (4) has passed a department-administered test of the
133.35 applicant's knowledge of traffic laws, which test must be
133.36 administered by the department;
134.1 (5) has completed the required application, which must be
134.2 approved by (i) either parent when both reside in the same
134.3 household as the minor applicant or, if otherwise, then (ii) the
134.4 parent or spouse of the parent having custody or, in the event
134.5 there is no court order for custody, then (iii) the parent or
134.6 spouse of the parent with whom the minor is living or, if items
134.7 (i) to (iii) do not apply, then (iv) the guardian having custody
134.8 of the minor or, in the event a person under the age of 18 has
134.9 no living father, mother, or guardian, then (v) the applicant's
134.10 employer; provided, that the approval required by this clause
134.11 contains a verification of the age of the applicant and the
134.12 identity of the parent, guardian, or employer; and
134.13 (6) has paid the fee required in section 171.06,
134.14 subdivision 2.
134.15 (b) The instruction permit is valid for one year from the
134.16 date of application and may be renewed upon payment of a fee
134.17 equal to the fee for issuance of an instruction permit under
134.18 section 171.06, subdivision 2.
134.19 Sec. 32. Minnesota Statutes 1998, section 171.06,
134.20 subdivision 2, is amended to read:
134.21 Subd. 2. [FEES.] (a) The fees for a license and Minnesota
134.22 identification card are as follows:
134.23 Classified Driver's License D-$18.50 C-$22.50 B-$29.50 A-$37.50
134.24 Classified Under-21 D.L. D-$18.50 C-$22.50 B-$29.50 A-$17.50
134.25 Instruction Permit $ 9.50
134.26 Provisional License $ 9.50
134.27 Duplicate License or
134.28 duplicate identification card $ 8.00
134.29 Minnesota identification card or Under-21 Minnesota
134.30 identification card, other than duplicate,
134.31 except as otherwise provided in section 171.07,
134.32 subdivisions 3 and 3a $12.50
134.33 (b) Notwithstanding paragraph (a), a person who holds a
134.34 provisional license and has a driving record free of (1)
134.35 convictions for a violation of section 169.121, 169.1218,
134.36 169.122, or 169.123, (2) convictions for crash-related moving
135.1 violations, and (3) convictions for moving violations that are
135.2 not crash related, shall have a $3.50 credit toward the fee for
135.3 any classified under-21 driver's license. "Moving violation"
135.4 has the meaning given it in section 171.04, subdivision 1.
135.5 (c) In addition to the driver's license fee required under
135.6 paragraph (a), the registrar shall collect an additional $4
135.7 processing fee from each new applicant or person renewing a
135.8 license with a school bus endorsement to cover the costs for
135.9 processing an applicant's initial and biennial physical
135.10 examination certificate. The department shall not charge these
135.11 applicants any other fee to receive or renew the endorsement.
135.12 EFFECTIVE DATE: This section is effective the day
135.13 following final enactment.
135.14 Sec. 33. Minnesota Statutes 1998, section 171.321,
135.15 subdivision 2, is amended to read:
135.16 Subd. 2. [RULES.] (a) The commissioner of public safety
135.17 shall prescribe rules governing the physical qualifications of
135.18 school bus drivers and tests required to obtain a school bus
135.19 endorsement. The rules must provide that an applicant for a
135.20 school bus endorsement or renewal is exempt from the physical
135.21 qualifications and medical examination required to operate a
135.22 school bus upon providing evidence of being medically examined
135.23 and certified within the preceding 24 months as physically
135.24 qualified to operate a commercial motor vehicle, pursuant to
135.25 Code of Federal Regulations, title 49, part 391, subpart E, or
135.26 rules of the commissioner of transportation incorporating those
135.27 federal regulations. The commissioner shall accept physical
135.28 examinations for school bus drivers conducted by medical
135.29 examiners authorized as provided by the Code of Federal
135.30 Regulations, title 49, chapter 3, part 391, subpart E.
135.31 (b) The commissioner of public safety, in conjunction with
135.32 the commissioner of economic security, shall adopt rules
135.33 prescribing a training program for Head Start bus drivers. The
135.34 program must provide for initial classroom and behind-the-wheel
135.35 training, and annual in-service training. The program must
135.36 provide training in defensive driving, human relations,
136.1 emergency and accident procedures, vehicle maintenance, traffic
136.2 laws, and use of safety equipment. The program must provide
136.3 that the training will be conducted by the contract operator for
136.4 a Head Start agency, the Head Start grantee, a licensed driver
136.5 training school, or by another person or entity approved by both
136.6 commissioners.
136.7 EFFECTIVE DATE: This section is effective the day
136.8 following final enactment.
136.9 Sec. 34. Minnesota Statutes 1998, section 171.321,
136.10 subdivision 3, is amended to read:
136.11 Subd. 3. [RECORDS CHECK OF APPLICANT.] (a) Before issuing
136.12 or renewing a school bus endorsement, the commissioner shall
136.13 conduct a criminal and driver's license records check of the
136.14 applicant. The commissioner may also conduct the check at any
136.15 time while a person is so licensed. The check shall must
136.16 consist of a criminal records check of the state criminal
136.17 records repository and a check of the driver's license records
136.18 system. If the applicant has resided in Minnesota for less than
136.19 five years, the check shall must also include a criminal records
136.20 check of information from the state law enforcement agencies in
136.21 the states where the person resided during the five years before
136.22 moving to Minnesota, and of the national criminal records
136.23 repository including the criminal justice data communications
136.24 network. The applicant's failure to cooperate with the
136.25 commissioner in conducting the records check is reasonable cause
136.26 to deny an application or cancel a school bus endorsement. The
136.27 commissioner may not release the results of the records check to
136.28 any person except the applicant or the applicant's designee in
136.29 writing.
136.30 (b) The commissioner may issue to an otherwise qualified
136.31 applicant a temporary school bus endorsement, effective for no
136.32 more than 180 days, upon presentation of (1) an affidavit by the
136.33 applicant that the applicant has not been convicted of a
136.34 disqualifying offense and (2) a criminal history check from each
136.35 state of residence for the previous five years. The criminal
136.36 history check may be conducted and prepared by any public or
137.1 private source acceptable to the commissioner. The commissioner
137.2 may reissue the temporary endorsement if the National Criminal
137.3 Records Repository check is timely submitted but not completed
137.4 within the 180-day period.
137.5 EFFECTIVE DATE: This section is effective the day
137.6 following final enactment.
137.7 Sec. 35. Minnesota Statutes 1998, section 171.321,
137.8 subdivision 4, is amended to read:
137.9 Subd. 4. [TRAINING.] (a) No person shall drive a class A,
137.10 B, C, or D school bus when transporting school children to or
137.11 from school or upon a school-related trip or activity without
137.12 having demonstrated sufficient skills and knowledge to transport
137.13 students in a safe and legal manner.
137.14 (b) A bus driver must have training or experience that
137.15 allows the driver to meet at least the following competencies:
137.16 (1) safely operate the type of school bus the driver will
137.17 be driving;
137.18 (2) understand student behavior, including issues relating
137.19 to students with disabilities;
137.20 (3) encourage orderly conduct of students on the bus and
137.21 handle incidents of misconduct appropriately;
137.22 (4) know and understand relevant laws, rules of the road,
137.23 and local school bus safety policies;
137.24 (5) handle emergency situations; and
137.25 (6) safely load and unload students.
137.26 (c) The commissioner of public safety, in conjunction with
137.27 the commissioner of children, families, and learning, shall
137.28 develop a comprehensive model school bus driver training program
137.29 and model assessments for school bus driver training
137.30 competencies, which are not subject to chapter 14. A school
137.31 district may use alternative assessments for bus driver training
137.32 competencies with the approval of the commissioner of public
137.33 safety. The employer shall keep the assessment for the current
137.34 period available for inspection by representatives of the
137.35 commissioner.
137.36 EFFECTIVE DATE: This section is effective the day
138.1 following final enactment.
138.2 Sec. 36. Minnesota Statutes 1998, section 171.321,
138.3 subdivision 5, is amended to read:
138.4 Subd. 5. [ANNUAL EVALUATION.] A school district's pupil
138.5 transportation safety director, the chief administrator of a
138.6 nonpublic school, or a private contractor shall certify annually
138.7 to the commissioner of public safety school board or governing
138.8 board of a nonpublic school that, at minimum, each school bus
138.9 driver meets the school bus driver training competencies under
138.10 subdivision 4 and shall report the number of hours of in-service
138.11 training completed by each driver. A school district, nonpublic
138.12 school, or private contractor also shall provide in-service
138.13 training annually to each school bus driver. A district,
138.14 nonpublic school, or private contractor also shall check the
138.15 license of each person who transports students for the district
138.16 with the National Drivers Register or the department of public
138.17 safety annually. The school board must approve and forward the
138.18 competency certification and in-service report to the
138.19 commissioner of public safety.
138.20 EFFECTIVE DATE: This section is effective the day
138.21 following final enactment.
138.22 Sec. 37. Minnesota Statutes 1999 Supplement, section
138.23 260C.143, subdivision 4, is amended to read:
138.24 Subd. 4. [TRUANT.] When a peace officer or probation
138.25 officer has probable cause to believe that a child is currently
138.26 under age 16 and absent from school without lawful excuse,
138.27 consistent with section 120A.22, subdivisions 5 and 8, the
138.28 officer may:
138.29 (1) transport the child to the child's home and deliver the
138.30 child to the custody of the child's parent or guardian,;
138.31 (2) transport the child to the child's school of enrollment
138.32 and deliver the child to the custody of a school superintendent
138.33 or teacher or;
138.34 (3) transport the child to a truancy service center under
138.35 section 260A.04, subdivision 3; or
138.36 (4) transport the child from the child's home to the
139.1 child's school of enrollment or to a truancy service center.
139.2 Sec. 38. Minnesota Statutes 1998, section 471.15, is
139.3 amended to read:
139.4 471.15 [RECREATIONAL FACILITIES BY MUNICIPALITY, VETERANS;
139.5 BONDS.]
139.6 (a) Any home rule charter or statutory city or any town,
139.7 county, school district, or any board thereof, or any
139.8 incorporated post of the American Legion or any other
139.9 incorporated veterans' organization, may expend not to exceed
139.10 $800 in any one year, for the purchase of awards and trophies
139.11 and may operate a program of public recreation and playgrounds;
139.12 acquire, equip, and maintain land, buildings, or other
139.13 recreational facilities, including an outdoor or indoor swimming
139.14 pool; and expend funds for the operation of such program
139.15 pursuant to the provisions of sections 471.15 to 471.19. The
139.16 city, town, county or school district may issue bonds pursuant
139.17 to chapter 475 for the purpose of carrying out the powers
139.18 granted by this section. The city, town, county or school
139.19 district may operate the program and facilities directly or
139.20 establish one or more recreation boards to operate all or
139.21 various parts of them.
139.22 (b) A home rule charter or statutory city, a county, or a
139.23 town may expend funds for the purpose of supporting student
139.24 academic or extracurricular activities sponsored by the local
139.25 school district.
139.26 Sec. 39. Laws 1999, chapter 241, article 5, section 18,
139.27 subdivision 5, is amended to read:
139.28 Subd. 5. [CHARTER SCHOOL BUILDING LEASE AID.] For building
139.29 lease aid according to Minnesota Statutes, section 124D.11,
139.30 subdivision 4:
139.31 $2,992,000 $ 5,981,000 ..... 2000
139.32 $3,616,000 $10,807,000 ..... 2001
139.33 The 2000 appropriation includes $194,000 for 1999 and
139.34 $2,798,000 $5,787,000 for 2000.
139.35 The 2001 appropriation includes $311,000 $643,000 for 2000
139.36 and $3,305,000 $10,164,000 for 2001.
140.1 EFFECTIVE DATE: This section is effective the day
140.2 following final enactment.
140.3 Sec. 40. Laws 1999, chapter 241, article 5, section 18,
140.4 subdivision 6, is amended to read:
140.5 Subd. 6. [CHARTER SCHOOL START-UP GRANTS.] For charter
140.6 school start-up cost aid under Minnesota Statutes, section
140.7 124D.11:
140.8 $1,789,000 $1,955,000 ..... 2000
140.9 $1,876,000 $2,926,000 ..... 2001
140.10 The 2000 appropriation includes $100,000 for 1999 and
140.11 $1,689,000 $1,855,000 for 2000.
140.12 The 2001 appropriation includes $188,000 $206,000 for
140.13 1999 2000 and $1,688,000 $2,720,000 for 2001.
140.14 Any balance in the first year does not cancel but is
140.15 available in the second year. This appropriation may also be
140.16 used for grants to convert existing schools into charter schools.
140.17 EFFECTIVE DATE: This section is effective the day
140.18 following final enactment.
140.19 Sec. 41. [RESIDENTIAL ACADEMIES.]
140.20 In the event that a recipient who has been awarded a grant
140.21 under Laws 1998, chapter 398, article 5, section 46, has
140.22 received approval for updated capital and operating plans after
140.23 June 1, 1999, and has not substantially performed pursuant to
140.24 the terms and conditions of its award by June 30, 2002, the
140.25 commissioner shall reopen the application process with respect
140.26 to any funds available.
140.27 EFFECTIVE DATE: This section is effective the day
140.28 following final enactment.
140.29 Sec. 42. [MINNESOTA NEW TEACHER PROJECT.]
140.30 Subdivision 1. [ESTABLISHMENT; PARTICIPATION.] The
140.31 Minnesota new teacher project is established in the department
140.32 of children, families, and learning in order to retain new
140.33 teachers in the profession and to provide models for supporting
140.34 the professional development of first-year and second-year
140.35 teachers. In order for a school district to participate in the
140.36 new teacher project, a school board and an exclusive
141.1 representative of the teachers in the district, or for a charter
141.2 school the majority of the teachers, must agree to participate
141.3 in the new teacher project and to the district plan under
141.4 subdivision 2.
141.5 Subd. 2. [DISTRICT PLAN.] A district that participates in
141.6 the new teacher project must submit a plan for the project to
141.7 the commissioner for approval. The new teacher project plan
141.8 must be consistent with the knowledge and skills required in the
141.9 teacher licensure rules adopted by the board of teaching and the
141.10 state graduation requirements and include curricula of best
141.11 practice activities such as one-on-one mentoring, intensive
141.12 summer orientation, first-year and second-year training
141.13 workshops, peer review, mutual observation between new and
141.14 experienced teachers, classroom management techniques, cultural
141.15 diversity, reading strategies, lighter workloads, and first-year
141.16 residency. The plan must include the participation of a teacher
141.17 preparation program approved by the board of teaching.
141.18 Districts receiving a grant under this section must report
141.19 to the board of teaching regarding its chosen new teacher
141.20 project plan.
141.21 Subd. 3. [STATE MATCH.] A district that has an approved
141.22 new teacher project plan is eligible to receive $3,000 of state
141.23 money for each new teacher participating in the project. The
141.24 district must contribute $2,000 of district money for each new
141.25 teacher participating in the project.
141.26 Sec. 43. [TASK FORCE ON SCHOOL GOVERNANCE AND MANAGEMENT.]
141.27 Subdivision 1. [ESTABLISHMENT.] The task force on school
141.28 governance and management is established to examine the existing
141.29 constitutional and statutory provisions that dictate the
141.30 governance responsibilities and authority of the respective
141.31 components of the state's public education system.
141.32 Subd. 2. [MEMBERSHIP; STAFFING.] (a) The task force on
141.33 school governance and management must be composed of nine
141.34 members, with three members appointed by the governor, three
141.35 members appointed by the speaker of the house of
141.36 representatives, and three members appointed by the subcommittee
142.1 on committees of the senate committee on rules and
142.2 administration. Members should represent the business
142.3 community, education stakeholders, parents, or other interested
142.4 community members.
142.5 (b) The executive branch through the office of the governor
142.6 shall make staff available to assist the task force.
142.7 Subd. 3. [REPORT.] (a) The task force on school governance
142.8 and management must report to the governor and the appropriate
142.9 committees of the house and senate no later than December 1,
142.10 2000.
142.11 (b) The task force must do the following:
142.12 (1) identify any governance or organizational barriers that
142.13 inhibit or preclude schools or school districts from:
142.14 (i) ensuring all students meet state and local graduation
142.15 standards;
142.16 (ii) ensuring instructional programs are available to meet
142.17 individual student's academic needs;
142.18 (iii) making efficient changes in instructional and
142.19 noninstructional program and service delivery; and
142.20 (iv) delegating instructional and general operating
142.21 decision-making to the school level; and
142.22 (2) make recommendations regarding the statutory changes
142.23 needed to enable school districts to:
142.24 (i) continuously identify changes to meet the needs of
142.25 student cohorts;
142.26 (ii) provide a variety of instructional opportunities to
142.27 meet individual student needs;
142.28 (iii) measure individual student academic achievement; and
142.29 (iv) modify or expand instructional programs if student
142.30 achievement does not meet expectations.
142.31 Subd. 4. [EXPIRATION.] The task force on school governance
142.32 and management expires on December 31, 2000.
142.33 EFFECTIVE DATE: This section is effective the day
142.34 following final enactment.
142.35 Sec. 44. [2000-2001 SCHOOL YEAR START DATE.]
142.36 Subdivision 1. [LABOR DAY START.] Notwithstanding
143.1 Minnesota Statutes, section 120A.40, for the 2000-2001 school
143.2 year only, a district must not begin the elementary or secondary
143.3 school year prior to Labor Day.
143.4 Subd. 2. [MABEL-CANTON INDEPENDENT SCHOOL DISTRICT NO.
143.5 238.] Notwithstanding subdivision 1 and Minnesota Statutes,
143.6 section 120A.40, for the 2000-2001 school year only, independent
143.7 school district No. 238, Mabel-Canton, may start the school year
143.8 up to five weekdays before Labor Day for the purpose of
143.9 scheduling an additional academic term during the regular school
143.10 year.
143.11 Subd. 3. [BROWNS VALLEY INDEPENDENT SCHOOL DISTRICT NO.
143.12 801.] Notwithstanding subdivision 1 and Minnesota Statutes,
143.13 section 120A.40, for the 2000-2001 school year only, independent
143.14 school district No. 801, Browns Valley, may start the school
143.15 year up to five weekdays before Labor Day for the purpose of
143.16 scheduling an additional academic term during the regular school
143.17 year.
143.18 Sec. 45. [CHARTER SCHOOL BUILDING LEASE AID REVIEW.]
143.19 The department of children, families, and learning shall
143.20 work with charter school operators and other interested parties
143.21 to create recommendations for appropriate criteria for charter
143.22 school building lease aid and report its findings to the
143.23 education committees of the legislature by January 15, 2001.
143.24 Sec. 46. [APPROPRIATIONS.]
143.25 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
143.26 LEARNING.] The sum indicated in this section is appropriated
143.27 from the general fund to the department of children, families,
143.28 and learning for the fiscal year indicated.
143.29 Subd. 2. [PROFESSIONAL TEACHING STANDARDS.] For grant
143.30 awards for national board for professional teaching standards
143.31 certification according to Laws 1997, First Special Session
143.32 chapter 4, article 5, section 22:
143.33 $150,000 ..... 2001
143.34 This is a one-time appropriation.
143.35 ARTICLE 7
143.36 KINDERGARTEN THROUGH GRADE 12 EDUCATION
144.1 NUTRITION AND OTHER PROGRAMS; FUND TRANSFERS
144.2 Section 1. [123B.575] [PESTICIDE APPLICATION AT SCHOOLS.]
144.3 Subdivision 1. [PARENTS' RIGHT-TO-KNOW ACT.] Subdivisions
144.4 2 to 14 may be cited as the Janet B. Johnson Parents'
144.5 Right-to-Know Act of 2000.
144.6 Subd. 2. [PESTICIDE APPLICATION NOTIFICATION.] A school
144.7 that plans to apply a pesticide which is a toxicity category I,
144.8 II, or III pesticide product, as classified by the United States
144.9 Environmental Protection Agency, or a restricted use pesticide,
144.10 as designated under the Federal Insecticide, Fungicide, and
144.11 Rodenticide Act, on school property, must provide a notice to
144.12 parents and employees that it applies such pesticides. The
144.13 notice required under subdivision 3 must:
144.14 (1) provide that an estimated schedule of the pesticide
144.15 applications is available for review or copying at the school
144.16 offices where such pesticides are applied;
144.17 (2) state that long-term health effects on children from
144.18 the application of such pesticides or the class of chemicals to
144.19 which they belong may not be fully understood;
144.20 (3) inform parents that a parent may request the school
144.21 notify him or her in the manner specified in subdivision 6
144.22 before any application of a pesticide listed in this subdivision.
144.23 Subd. 3. [NOTICE; TIMING; DISTRIBUTION.] The notice must
144.24 be provided no later than September 15 of each school year
144.25 during which pesticides listed in subdivision 2 are planned to
144.26 be applied. The notice may be included with other notices
144.27 provided by the school, but must be separately identified and
144.28 clearly visible to the reader.
144.29 Subd. 4. [SCHOOL HANDBOOK OR STATEMENT OF POLICIES.] In
144.30 addition to the notice provided according to subdivision 3, a
144.31 school that is required to provide notice under this section
144.32 shall include in an official school handbook or official school
144.33 policy guide of a general nature a section informing parents
144.34 that an estimated schedule of applications of pesticides listed
144.35 in subdivision 2 is available for review or copying at the
144.36 school offices, and that a parent may receive prior notice of
145.1 each application if specifically requested.
145.2 Subd. 5. [NOTICE AVAILABILITY.] A school that uses a
145.3 pesticide listed in subdivision 2 must keep a copy of all
145.4 notifications required under subdivisions 2 and 3 for at least
145.5 six years in a manner available to the public.
145.6 Subd. 6. [NOTIFICATION FOR INDIVIDUAL PARENTS.] A parent
145.7 of a student at a school may request that the school principal
145.8 or other person having general control and supervision of the
145.9 school notify the parent prior to the application of any
145.10 pesticides listed in subdivision 2 at the school on a day
145.11 different from the days specified in the notice under
145.12 subdivision 3. The school principal or other person having
145.13 general control and supervision of the school must provide
145.14 reasonable notice to a parent who has requested such
145.15 notification prior to applying such pesticides. The notice may
145.16 be waived for emergency applications required only by
145.17 appropriate state or local health officials. The notice must
145.18 include the pesticide to be applied, the time of the planned
145.19 application, and the location at the school of the planned
145.20 application. A school may request reimbursement for the
145.21 school's reasonable costs of providing notice under this
145.22 subdivision, including any costs of mailing, from individuals
145.23 requesting notification under this subdivision.
145.24 Subd. 7. [MODEL NOTICE.] The department of health, in
145.25 consultation with the department of children, families, and
145.26 learning, the office of environmental assistance, and University
145.27 of Minnesota extension service, shall develop and make available
145.28 to schools by August 1, 2000, a model notice in a form that can
145.29 be used by a school if it chooses to do so. The model notice
145.30 must include the information required by this section. The
145.31 department of health must provide an opportunity for
145.32 environmental groups, interested parents, public health
145.33 organizations, and other parties to work with the department in
145.34 developing the model notice.
145.35 Subd. 8. [PLAN.] A school is not required to adopt an
145.36 integrated pest management plan. A school board may only notify
146.1 students, parents, or employees that it has adopted an
146.2 integrated pest management plan if the plan is a managed pest
146.3 control program designed to minimize the risk to human health
146.4 and the environment and to reduce the use of chemical
146.5 pesticides, and which ranks the district's response to pests in
146.6 the following manner:
146.7 (1) identifying pests which need to be controlled;
146.8 (2) establishing tolerable limits of each identified pest;
146.9 (3) designing future buildings and landscapes to prevent
146.10 identified pests;
146.11 (4) excluding identified pests from sites and buildings
146.12 using maintenance practices;
146.13 (5) adapting cleaning activities and best management
146.14 practices to minimize the number of pests;
146.15 (6) using mechanical methods of controlling identified
146.16 pests; and
146.17 (7) controlling identified pests using the least toxic
146.18 pesticides with the least exposure to persons as is practicable.
146.19 Subd. 9. [PESTICIDE DEFINED; CLEANING PRODUCTS
146.20 EXCLUDED.] For purposes of this section, the term "pesticide"
146.21 has the meaning given it in section 18B.01, subdivision 18,
146.22 except that it does not include any disinfectants, sanitizers,
146.23 deodorizers, or antimicrobial agents used for general cleaning
146.24 purposes.
146.25 Subd. 10. [PEST DEFINED.] For purposes of this section,
146.26 the term "pest" has the meaning given it in section 18B.01,
146.27 subdivision 17.
146.28 Subd. 11. [SCHOOL DEFINED.] For the purposes of this
146.29 section, "school" means a school as defined in section 120A.22,
146.30 subdivision 4, excluding home schools.
146.31 Subd. 12. [IMMUNITY FROM LIABILITY.] No cause of action
146.32 may be brought against a school district, a school, or the
146.33 districts or school's employees or agents for any failure to
146.34 comply with the requirements under this section.
146.35 Subd. 13. [EVIDENCE OF FAILURE TO COMPLY EXCLUDED.] A
146.36 failure to comply with the requirements of this section may not
147.1 be presented as evidence in any lawsuit based upon physical
147.2 injury resulting from exposure to pesticides applied at a school.
147.3 Subd. 14. [NO SPECIAL RIGHTS.] Nothing in this section
147.4 affects the duty of a parent or a student to comply with the
147.5 compulsory attendance law or the duty of a school employee to
147.6 comply with the provisions of an applicable employment contract
147.7 or policy.
147.8 EFFECTIVE DATE: This section is effective August 1, 2000.
147.9 Sec. 2. Minnesota Statutes 1998, section 124D.111,
147.10 subdivision 1, is amended to read:
147.11 Subdivision 1. [SCHOOL LUNCH AID COMPUTATION.] Each school
147.12 year, the state must pay districts participating in the national
147.13 school lunch program the amount of 6.5 eight cents for each full
147.14 paid, reduced, and free student lunch served to students in the
147.15 district.
147.16 EFFECTIVE DATE: This section is effective the day
147.17 following final enactment.
147.18 Sec. 3. Minnesota Statutes 1999 Supplement, section
147.19 124D.1155, subdivision 2, is amended to read:
147.20 Subd. 2. [ELIGIBILITY.] An applicant for a grant must be a
147.21 public or nonpublic elementary school that participates in the
147.22 federal school breakfast and lunch programs. The commissioner
147.23 must give first priority to schools where at least 33 percent of
147.24 the lunches the school served to children during the second
147.25 preceding school year were provided free or at a reduced price.
147.26 The commissioner must give second priority to all other public
147.27 or nonpublic elementary schools.
147.28 Sec. 4. Laws 1999, chapter 241, article 6, section 14,
147.29 subdivision 2, is amended to read:
147.30 Subd. 2. [ABATEMENT AID.] For abatement aid according to
147.31 Minnesota Statutes, section 127A.49:
147.32 $9,110,000 $9,577,000 ..... 2000
147.33 $8,947,000 $8,279,000 ..... 2001
147.34 The 2000 appropriation includes $1,352,000 for 1999 and
147.35 $7,758,000 $8,225,000 for 2000.
147.36 The 2001 appropriation includes $861,000 $914,000 for 2000
148.1 and $8,086,000 $7,365,000 for 2001.
148.2 EFFECTIVE DATE: This section is effective the day
148.3 following final enactment.
148.4 Sec. 5. Laws 1999, chapter 241, article 6, section 14,
148.5 subdivision 3, is amended to read:
148.6 Subd. 3. [NONPUBLIC PUPIL AID.] For nonpublic pupil
148.7 education aid according to Minnesota Statutes, sections 123B.40
148.8 to 123B.48 and 123B.87:
148.9 $10,996,000 ..... 2000
148.10 $11,878,000 $13,448,000 ..... 2001
148.11 The 2000 appropriation includes $970,000 for 1999 and
148.12 $10,026,000 for 2000.
148.13 The 2001 appropriation includes $1,114,000 $1,175,000 for
148.14 2000 and $10,764,000 $12,273,000 for 2001.
148.15 The department shall recompute the maximum allotments
148.16 established on March 1, 1999, for fiscal year 2000 under
148.17 Minnesota Statutes, sections 123B.42, subdivision 3, and
148.18 123B.44, subdivision 6, to reflect the amount appropriated in
148.19 this subdivision for fiscal year 2000.
148.20 The department shall recompute the maximum allotments
148.21 established on March 1, 2000, for fiscal year 2001 under
148.22 Minnesota Statutes, sections 123B.42, subdivision 3, and
148.23 123B.44, subdivision 6, to reflect the amount appropriated in
148.24 this subdivision for fiscal year 2001.
148.25 EFFECTIVE DATE: This section is effective the day
148.26 following final enactment.
148.27 Sec. 6. Laws 1999, chapter 241, article 6, section 14,
148.28 subdivision 4, is amended to read:
148.29 Subd. 4. [CONSOLIDATION TRANSITION AID.] For districts
148.30 consolidating under Minnesota Statutes, section 123A.485:
148.31 $451,000 $563,000 ..... 2000
148.32 $375,000 $455,000 ..... 2001
148.33 The 2000 appropriation includes $113,000 for 1999 and
148.34 $338,000 $450,000 for 2000.
148.35 The 2001 appropriation includes $37,000 $50,000 for 2000
148.36 and $338,000 $405,000 for 2001.
149.1 Any balance in the first year does not cancel but is
149.2 available in the second year.
149.3 EFFECTIVE DATE: This section is effective the day
149.4 following final enactment.
149.5 Sec. 7. Laws 1999, chapter 241, article 6, section 14,
149.6 subdivision 5, is amended to read:
149.7 Subd. 5. [NONPUBLIC PUPIL TRANSPORTATION.] For nonpublic
149.8 pupil transportation aid under Minnesota Statutes, section
149.9 123B.92, subdivision 9:
149.10 $18,586,000 $20,358,000 ..... 2000
149.11 $20,922,000 $21,333,000 ..... 2001
149.12 The 2000 appropriation includes $1,848,000 for 2000 1999
149.13 and $16,738,000 $18,510,000 for 2001 2000.
149.14 The 2001 appropriation includes $1,860,000 $2,057,000 for
149.15 2000 and $19,062,000 $19,276,000 for 2001.
149.16 EFFECTIVE DATE: This section is effective the day
149.17 following final enactment.
149.18 Sec. 8. Laws 1999, chapter 241, article 7, section 2,
149.19 subdivision 2, is amended to read:
149.20 Subd. 2. [SCHOOL LUNCH AID.] (a) For school lunch aid
149.21 according to Minnesota Statutes, section 124D.111, and Code of
149.22 Federal Regulations, title 7, section 210.17, and for school
149.23 milk aid according to Minnesota Statutes, section 124D.118:
149.24 $8,200,000 $8,340,000 ..... 2000
149.25 $8,200,000 $8,566,000 ..... 2001
149.26 (b) Any unexpended balance remaining from the
149.27 appropriations in this subdivision shall be prorated among
149.28 participating schools based on the number of free, reduced, and
149.29 fully paid federally reimbursable student lunches served during
149.30 that school year.
149.31 (c) If the appropriation amount attributable to either year
149.32 is insufficient, the rate of payment for each fully paid student
149.33 lunch shall be reduced and the aid for that year shall be
149.34 prorated among participating schools so as not to exceed the
149.35 total authorized appropriation for that year.
149.36 (d) Not more than $800,000 of the amount appropriated each
150.1 year may be used for school milk aid.
150.2 EFFECTIVE DATE: This section is effective the day
150.3 following final enactment.
150.4 Sec. 9. Laws 1999, chapter 241, article 7, section 2,
150.5 subdivision 5, is amended to read:
150.6 Subd. 5. [SCHOOL BREAKFAST.] To operate the school
150.7 breakfast program according to Minnesota Statutes, sections
150.8 124D.115 and 124D.117:
150.9 $456,000 $713,000 ..... 2000
150.10 $456,000 $713,000 ..... 2001
150.11 If the appropriation amount attributable to either year is
150.12 insufficient, the rate of payment for each fully paid student
150.13 breakfast shall be reduced and the aid for that year shall be
150.14 prorated among participating schools so as not to exceed the
150.15 total authorized appropriation for that year. Any unexpended
150.16 balance remaining shall be used to subsidize the payments made
150.17 for school lunch aid per Minnesota Statutes, section 124D.111.
150.18 Up to one percent of the program funding can be used by the
150.19 department of children, families, and learning for technical and
150.20 administrative assistance.
150.21 EFFECTIVE DATE: This section is effective the day
150.22 following final enactment.
150.23 Sec. 10. [DEPARTMENT OF CHILDREN, FAMILIES, AND LEARNING
150.24 WEB SITE.]
150.25 The department of children, families, and learning must
150.26 maintain a list of pesticides that will enable a school district
150.27 to identify whether the district is using a pesticide that is
150.28 classified as toxicity category I, II, or III pesticide products
150.29 or as restricted use pesticides under the Federal Insecticide,
150.30 Fungicide, and Rodenticide Act for purposes of providing notice
150.31 required by Minnesota Statutes, section 123B.575. To the extent
150.32 practicable, the list maintained shall include the name under
150.33 which the pesticide is registered by the environmental
150.34 protection agency and the common brand names by which it is
150.35 sold. The department must maintain the list on its Web site or
150.36 as a prominent link on its Web site to another state or federal
151.1 agency's Web site.
151.2 EFFECTIVE DATE: This section is effective August 1, 2000.
151.3 Sec. 11. [PESTICIDE REPORTING.]
151.4 (a) The commissioner of agriculture, in cooperation with
151.5 the University of Minnesota extension service; the commissioners
151.6 of administration; children, families, and learning; health;
151.7 transportation; natural resources; and the pollution control
151.8 agency; and other interested parties, must review the use of
151.9 pesticide and integrated pest management techniques and
151.10 practices as they are applied to the use and storage of
151.11 pesticides in and around a representative sample of buildings
151.12 owned by the state and buildings and grounds used for
151.13 kindergarten through grade 12 public education. Recommendations
151.14 by the commissioner of agriculture on the use and avoidance of
151.15 pesticides and comprehensive integrated pest management
151.16 practices in state buildings and kindergarten through grade 12
151.17 public school buildings, including the training of building
151.18 managers and school personnel, must be presented to the
151.19 environmental policy and finance committees of the legislature
151.20 by January 15, 2001.
151.21 (b) For purposes of the review and report in paragraph (a),
151.22 the term "pesticide" has the meaning given in Minnesota
151.23 Statutes, section 18B.01, subdivision 18, except that it does
151.24 not include disinfectants, sanitizers, deodorizers, or
151.25 antimicrobial agents for general cleaning purposes.
151.26 Sec. 12. [FUND TRANSFERS.]
151.27 Subdivision 1. [LAKEVILLE.] Notwithstanding Minnesota
151.28 Statutes, section 123B.79 or 123B.80, independent school
151.29 district No. 194, Lakeville, may transfer up to $1,000,000 from
151.30 its reserved account for operating capital to the unreserved,
151.31 undesignated general fund. When independent school district No.
151.32 194, Lakeville, attains a positive unreserved, undesignated
151.33 general fund balance greater than ten percent of the most recent
151.34 fiscal year's expenditures, the district shall transfer the
151.35 amount exceeding ten percent to its reserve account for
151.36 operating capital until an amount is transferred back that is
152.1 equal to the amount transferred under this authority. This
152.2 subdivision expires on December 31, 2014.
152.3 Subd. 2. [CHOKIO-ALBERTA.] (a) Notwithstanding Minnesota
152.4 Statutes, section 123B.58, 123B.79, or 123B.80, on June 30,
152.5 2000, upon approval of the commissioner of children, families,
152.6 and learning, independent school district No. 771,
152.7 Chokio-Alberta, may permanently transfer up to $121,000 from its
152.8 reserved account for disabled accessibility to its undesignated
152.9 general fund balance.
152.10 (b) Prior to making the fund transfer, independent school
152.11 district No. 771, Chokio-Alberta, must demonstrate to the
152.12 commissioner's satisfaction that the district's school buildings
152.13 are accessible to students or employees with disabilities.
152.14 Subd. 3. [MAHTOMEDI.] Notwithstanding Minnesota Statutes,
152.15 sections 123B.80, 123B.912, and 475.61, subdivision 4, on June
152.16 30, 2000, independent school district No. 832, Mahtomedi, may
152.17 permanently transfer up to $525,000 from its debt redemption
152.18 fund to its capital account in its general fund without making a
152.19 levy reduction to purchase land for a school facility.
152.20 Subd. 4. [NORMAN COUNTY EAST.] Notwithstanding Minnesota
152.21 Statutes, sections 123B.79, 123B.80, and 475.61, subdivision 4,
152.22 on June 2000, independent school district No. 2215, Norman
152.23 County East, may permanently transfer up to $419,000 from its
152.24 building construction fund to the reserved account for operating
152.25 capital in the general fund without making a levy reduction.
152.26 Subd. 5. [ST. FRANCIS.] Notwithstanding Minnesota
152.27 Statutes, section 123B.53, on June 30, 2000, independent school
152.28 district No. 15, St. Francis, may permanently transfer $543,000
152.29 from its debt service fund to the general fund to help the
152.30 district out of statutory operating debt without making a levy
152.31 reduction. This transfer is contingent upon the district
152.32 maintaining 105 percent of principal and interest against the
152.33 debt service fund liabilities.
152.34 Subd. 6. [STAPLES-MOTLEY.] Notwithstanding Minnesota
152.35 Statutes, sections 123B.79; 123B.80; and 475.61, subdivision 4,
152.36 on May 31, 2000, independent school district No. 2170,
153.1 Staples-Motley, may permanently transfer up to $71,000 from the
153.2 debt service account of the former independent school district
153.3 No. 483, Motley, to independent school district No. 2170,
153.4 Staples-Motley's, operating capital fund without making a levy
153.5 reduction.
153.6 Subd. 7. [FERGUS FALLS.] Notwithstanding Minnesota
153.7 Statutes, section 123B.79, 123B.80, or 475.61, subdivision 4,
153.8 independent school district No. 544, Fergus Falls, on June 30,
153.9 2000, may permanently transfer up to $200,000 from the debt
153.10 redemption fund to the general fund without making a levy
153.11 reduction.
153.12 Subd. 8. [CROOKSTON.] Notwithstanding Minnesota Statutes,
153.13 section 123B.79, 123B.80, or 475.61, subdivision 4, independent
153.14 school district No. 593, Crookston, on June 30, 2000, may
153.15 permanently transfer up to $400,000 from the debt redemption
153.16 fund to the general fund without making a levy reduction.
153.17 Subd. 9. [LAKEVIEW SCHOOLS.] Notwithstanding any law to
153.18 the contrary, independent school district No. 2167, Lakeview
153.19 schools, is authorized to retain a cooperative facilities grant
153.20 awarded in fiscal year 1995, and may permanently transfer that
153.21 amount to its reserve account for operating capital.
153.22 Subd. 10. [PARKERS PRAIRIE.] Notwithstanding Minnesota
153.23 Statutes, section 123B.79, 123B.80, or 475.61, subdivision 4,
153.24 independent school district No. 547, Parkers Prairie, on June
153.25 30, 2000, may permanently transfer up to $105,000 from the debt
153.26 redemption fund to the reserved account for operating capital in
153.27 the general fund without making a levy reduction.
153.28 Subd. 11. [GRAND MEADOW.] Notwithstanding Minnesota
153.29 Statutes, sections 123B.79; 123B.80; and 475.61, subdivision 4,
153.30 independent school district No. 495, Grand Meadow, may
153.31 permanently transfer up to $300,000 from its disabled access
153.32 account in the general fund to its capital fund. This transfer
153.33 is contingent upon the school district's successful construction
153.34 of a new kindergarten through grade 12 school.
153.35 Subd. 12. [WIN-E-MAC.] At the completion of the
153.36 consolidation of independent school district No. 604, Mentor,
154.1 and independent school district No. 2609, Win-E-Mac, up to
154.2 $125,000 may be transferred from the former Mentor school
154.3 district health and safety reserve fund to the Win-E-Mac health
154.4 and safety reserve fund.
154.5 Subd. 13. [BROWERVILLE.] Notwithstanding Minnesota
154.6 Statutes, sections 123B.79, 123B.80, and 475.61, subdivision 4,
154.7 on June 30, 2000, independent school district No. 787,
154.8 Browerville, may permanently transfer up to $110,000 from its
154.9 debt redemption fund to its general fund without making a levy
154.10 reduction.
154.11 EFFECTIVE DATE: This section is effective the day
154.12 following final enactment.
154.13 Sec. 13. [LEVY RESTORATION; INDEPENDENT SCHOOL DISTRICT NO.
154.14 2859, GLENCOE-SILVER LAKE.]
154.15 (a) Due to the special circumstances of its consolidation,
154.16 independent school district No. 2859, Glencoe-Silver Lake, may
154.17 levy up to one-third of the total of the sum from paragraph (b)
154.18 in each of the fiscal years 2002, 2003, and 2004 due to
154.19 under-levy in the period immediately following the district's
154.20 consolidation.
154.21 (b) For each of the fiscal years of 1999, 2000, and 2001,
154.22 the amount of the levy is equal to the sum of:
154.23 (1) the difference between the maximum amount of levy
154.24 authorized by law for the fiscal year and the amount of levy
154.25 certified by independent school district No. 2859,
154.26 Glencoe-Silver Lake, under Minnesota Statutes 1996 and 1997
154.27 Supplement, section 124.2725;
154.28 (2) the difference between the maximum amount of levy
154.29 authorized by law for the fiscal year and the amount of levy
154.30 certified by independent school district No. 2859,
154.31 Glencoe-Silver Lake, under Minnesota Statutes, section 126C.42;
154.32 and
154.33 (3) the difference between the maximum amount of levy
154.34 authorized by law for the fiscal year and the amount of levy
154.35 certified by independent school district No. 2859,
154.36 Glencoe-Silver Lake, under Minnesota Statutes, section 126C.22.
155.1 EFFECTIVE DATE: This section is effective for taxes
155.2 payable in 2001.
155.3 Sec. 14. [INTERMEDIATE DISTRICTS.]
155.4 Notwithstanding any termination date in the agreements
155.5 between the intermediate school districts and the Minnesota
155.6 state colleges and universities board for the use of space in
155.7 the technical colleges or any law to the contrary, the
155.8 agreements shall not expire or terminate until June 30, 2010.
155.9 Sec. 15. [APPROPRIATIONS.]
155.10 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
155.11 LEARNING.] The sums indicated in this section are appropriated
155.12 from the general fund to the department of children, families,
155.13 and learning for the fiscal years designated.
155.14 Subd. 2. [MATCHING GRANTS FOR EDUCATION PROGRAMS SERVING
155.15 HOMELESS CHILDREN.] For matching grants for education programs
155.16 serving homeless children under Laws 1997, First Special Session
155.17 chapter 4, article 2, section 48:
155.18 $1,000,000 ..... 2001
155.19 This is a one-time appropriation.
155.20 Subd. 3. [COOPERATIVE SECONDARY FACILITY; PLANNING AND
155.21 EXPENSES.] For a grant and administrative expenses to facilitate
155.22 planning for a cooperative secondary facility under a joint
155.23 powers agreement for school district Nos. 411, Balaton, 402,
155.24 Ivanhoe, 404, Lake Benton, 418, Russell, 584, Ruthton, and 409,
155.25 Tyler:
155.26 $100,000 ..... 2001
155.27 This is a one-time appropriation.
155.28 Subd. 4. [BEST PRACTICES SEMINARS.] (a) For best practices
155.29 graduation rule seminars and other professional development
155.30 capacity building activities that assure proficiency in teaching
155.31 and implementation of graduation rule standards:
155.32 $5,000,000 ..... 2001
155.33 (b) The commissioner may make grants to Education Minnesota
155.34 or other practitioners implementing or developing best
155.35 practices. This appropriation is not intended to increase
155.36 full-time equivalents or complements in the department of
156.1 children, families, and learning.
156.2 (c) Of this amount, $500,000 is for the Minnesota
156.3 children's museum reading program, $1,000,000 is for the
156.4 Minnesota new teacher project, and $1,000,000 is for an arts via
156.5 the Internet collaborative project between the Walker art center
156.6 and the Minneapolis institute of arts.
156.7 (d) The base budget for this program is $5,000,000 for
156.8 fiscal years 2002 and 2003. Of this amount, for fiscal year
156.9 2002, $1,000,000 is for arts via the Internet collaborative
156.10 project between the Walker art center and the Minneapolis
156.11 institute of arts.
156.12 Subd. 5. [MAGNET SCHOOL FACILITIES GRANTS.] (a) For
156.13 one-time magnet school facilities grants:
156.14 $1,300,000 ..... 2001
156.15 (b) Of this amount, $1,200,000 is for the discovery magnet
156.16 school in independent school district No. 347, Willmar, for
156.17 one-time facility and other start-up costs to convert a
156.18 traditional first and second grade school building and program
156.19 to a magnet school facility serving children from birth through
156.20 grade 4. The education program at the magnet facility shall
156.21 emphasize birth through preschool parent education, all day,
156.22 every day preschool and kindergarten programming, multiagency
156.23 collaboration, second-language services for all students,
156.24 multicultural programming, and parent goal setting.
156.25 (c) Of this amount, $100,000 is to independent school
156.26 district No. 696, Ely, to develop environmental curriculum
156.27 related to the district's proximity to the Boundary Waters Canoe
156.28 Area and Voyagers National Park.
156.29 (d) This is a one-time appropriation.
156.30 Subd. 6. [GEOGRAPHIC INFORMATION SYSTEMS.] To the director
156.31 of the office of strategic and long-range planning to enhance
156.32 the office's use of geographic information systems for
156.33 educational demographics and other purposes:
156.34 $156,000 ..... 2001
156.35 This is a one-time appropriation.
156.36 Subd. 7. [GRANTS FOR SCHOOLS SERVING STUDENTS WITH
157.1 CHEMICAL DEPENDENCIES.] For grants to schools serving students
157.2 with chemical dependencies:
157.3 $500,000 ..... 2001
157.4 The commissioner shall award grants to schools established
157.5 exclusively to provide teens in recovery from alcohol and drug
157.6 addiction a four-year high school education while maintaining
157.7 sobriety. A sober high school located in Freeborn and a sober
157.8 high school with campuses located in Edina and Oakdale/Maplewood
157.9 shall receive up to $5,000 per pupil unit. This is a one-time
157.10 appropriation.
157.11 Subd. 8. [ASSISTANCE FOR IMMIGRANT FAMILIES.] For grants
157.12 to organizations that assist immigrants, ages 12 to 24, in
157.13 becoming literate and acquiring vocational skills:
157.14 $500,000 ..... 2001
157.15 This is a one-time appropriation.
157.16 Sec. 16. [REPEALER.]
157.17 Minnesota Statutes 1999 Supplement, section 124D.1155,
157.18 subdivision 5, is repealed.
157.19 EFFECTIVE DATE: This section is effective the day
157.20 following final enactment.
157.21 ARTICLE 8
157.22 KINDERGARTEN THROUGH GRADE 12 EDUCATION
157.23 LIBRARIES
157.24 Section 1. Laws 1997, First Special Session chapter 4,
157.25 article 8, section 4, as amended by Laws 1998, chapter 398,
157.26 article 7, section 1, and Laws 1999, chapter 241, article 8,
157.27 section 1, is amended to read:
157.28 Sec. 4. [LIBRARY PROJECT.]
157.29 Subdivision 1. [ESTABLISHMENT.] Notwithstanding law to the
157.30 contrary and subject to approvals in subdivision 2, a public
157.31 library may operate as a library project jointly with the school
157.32 library at Nashwauk-Keewatin high school, located in the city of
157.33 Nashwauk. The public library is established to serve persons
157.34 within the boundaries of independent school district No. 319,
157.35 except the city of Keewatin.
157.36 Subd. 2. [APPROVALS.] Operation of the public library is
158.1 contingent upon the governing bodies of cities, towns, and
158.2 unorganized townships within the geographical boundaries of
158.3 independent school district No. 319, except for the city of
158.4 Keewatin, entering into a joint powers agreement under Minnesota
158.5 Statutes 1998, section 471.59, to accomplish the purpose of this
158.6 section. The joint powers agreement must provide for continuing
158.7 the library project if one party or more parties to the
158.8 agreement withdraws from or fails to enter into the agreement.
158.9 For the purposes of this subdivision, the Itasca county board is
158.10 designated as the governing body for the unorganized townships.
158.11 Subd. 3. [BOARD; APPOINTMENTS.] The joint powers agreement
158.12 in subdivision 2 shall provide for a library board of up to
158.13 seven members as follows: two members appointed by the school
158.14 board of independent school district No. 319, one member
158.15 appointed by each town board located within independent school
158.16 district No. 319 boundaries that is a signatory to the joint
158.17 powers agreement, one member appointed by the council of the
158.18 city of Nashwauk, and one member appointed by the Itasca county
158.19 board to represent the unorganized towns within the school
158.20 district territory.
158.21 Subd. 4. [BOARD TERMS; COMPENSATION.] The library board
158.22 members shall serve for the term of the library project or to a
158.23 maximum of three consecutive three-year terms. An appointing
158.24 authority may remove for misconduct or neglect any member it has
158.25 appointed to the board and may replace that member by
158.26 appointment. Board members shall receive no compensation for
158.27 their services but may be reimbursed for actual and necessary
158.28 travel expenses incurred in the discharge of library board
158.29 duties and activities.
158.30 Subd. 5. [FUNDING.] For taxes payable in 1998, 1999, 2000,
158.31 2001, 2002, and 2003 only, and provided that the joint powers
158.32 agreement under subdivision 2 has been executed by September 1
158.33 of the previous calendar year, the library board may levy a tax
158.34 in an amount up to $25,000 annually on property located within
158.35 the boundaries of independent school district No. 319, except
158.36 the city of Keewatin. The Itasca county auditor shall collect
159.1 the tax and distribute it to the library board. The levy shall
159.2 be assessed against the individual members of the joint powers
159.3 agreement. The money may be used for library staff and for the
159.4 purchase of library materials, including computer software. The
159.5 levy must also fund the amount necessary to receive bookmobile
159.6 services from the Arrowhead regional library system. For taxes
159.7 payable in 1998, 1999, 2000, 2001, 2002, and 2003 only, the
159.8 county may not levy under Minnesota Statutes, section 134.07,
159.9 for the areas described in this section.
159.10 Subd. 6. [BUILDING.] The school district shall provide the
159.11 physical space and costs associated with operating the library
159.12 including, but not limited to, heat, light, telephone service,
159.13 and maintenance.
159.14 Subd. 7. [ORGANIZATION.] Immediately after appointment,
159.15 the library board shall organize by electing one of its number
159.16 as president and one as secretary, and it may appoint other
159.17 officers it finds necessary.
159.18 Subd. 8. [DUTIES.] The library board shall adopt bylaws
159.19 and regulations for the library and for the conduct of its
159.20 business as may be expedient and conformable to law. It shall
159.21 have exclusive control of the expenditure of all money collected
159.22 for it. The library board shall appoint a qualified library
159.23 director and other staff, establish the compensation of
159.24 employees, and remove any of them for cause. The library board
159.25 may contract with the school board, the regional library board,
159.26 or the city in which the library is located to provide
159.27 personnel, fiscal, or administrative services. The contract
159.28 shall state the personnel, fiscal, and administrative services
159.29 and payments to be provided by each party.
159.30 Subd. 9. [CRITERIA.] The library shall meet all
159.31 requirements in statutes and rules applicable to public
159.32 libraries and school media centers. A media supervisor licensed
159.33 by the board of teaching may be the director of the library.
159.34 Public parking, restrooms, drinking water, and other necessities
159.35 shall be easily accessible to library patrons.
159.36 EFFECTIVE DATE: This section is effective the day
160.1 following final enactment.
160.2 Sec. 2. Laws 1999, chapter 241, article 8, section 4,
160.3 subdivision 4, is amended to read:
160.4 Subd. 4. [REGIONAL LIBRARY TELECOMMUNICATIONS AID.] For
160.5 grants to regional public library systems under Minnesota
160.6 Statutes, section 125B.20, subdivision 3:
160.7 $1,200,000 ..... 2000
160.8 $1,200,000 $3,606,000 ..... 2001
160.9 Any balance in the first year does not cancel but is
160.10 available in the second year.
160.11 Notwithstanding Minnesota Statutes, section 125B.20,
160.12 subdivision 3, this appropriation may be used for video lines in
160.13 addition to the uses under Minnesota Statutes, section 125B.20,
160.14 subdivision 3.
160.15 The budget base for this program for fiscal years 2002 and
160.16 2003 is $1,200,000 for each year.
160.17 Sec. 3. Laws 1999, chapter 241, article 8, section 4,
160.18 subdivision 5, is amended to read:
160.19 Subd. 5. [LIBRARY FOR THE BLIND.] For compact shelving,
160.20 technology, and staffing for the Minnesota library for the blind
160.21 and physically handicapped:
160.22 $212,000 ..... 2000
160.23 This appropriation is available until June 30, 2001.
160.24 EFFECTIVE DATE: This section is effective the day
160.25 following final enactment.
160.26 ARTICLE 9
160.27 KINDERGARTEN THROUGH GRADE 12 EDUCATION
160.28 STATE AGENCIES
160.29 Section 1. Laws 1999, chapter 241, article 10, section 6,
160.30 is amended to read:
160.31 Sec. 6. [APPROPRIATIONS; LOLA AND RUDY PERPICH MINNESOTA
160.32 CENTER FOR ARTS EDUCATION.]
160.33 The sums indicated in this section are appropriated from
160.34 the general fund to the center for arts education for the fiscal
160.35 years designated:
160.36 $7,239,000 ..... 2000
161.1 $7,400,000 ..... 2001
161.2 Of each year's appropriation, $154,000 is to fund artist
161.3 and arts organization participation in the education residency
161.4 and education technology projects, $75,000 is for school support
161.5 for the residency project, $121,000 is for further development
161.6 of the partners: arts and school for students (PASS) program,
161.7 including pilots, and $220,000 $110,000 is to fund the center
161.8 for arts education base for asset preservation and facility
161.9 repair. The guidelines for the education residency project and
161.10 the pass program shall be developed and defined by the center
161.11 for arts education in cooperation with the Minnesota arts
161.12 board. The Minnesota arts board shall participate in the review
161.13 and allocation process. The center for arts education and the
161.14 Minnesota arts board shall cooperate to fund these projects.
161.15 Any balance in the first year does not cancel but is
161.16 available in the second year.
161.17 EFFECTIVE DATE: This section is effective the day
161.18 following final enactment.
161.19 Sec. 2. [DEPARTMENT OF CHILDREN, FAMILIES, AND LEARNING.]
161.20 (a) The sums indicated in this section are appropriated
161.21 from the general fund unless otherwise indicated to the
161.22 department of children, families, and learning for the fiscal
161.23 years designated.
161.24 $32,316,000 ..... 2000
161.25 $29,785,000 ..... 2001
161.26 (b) Any balance the first year does not cancel but is
161.27 available in the second year.
161.28 (c) $21,000 each year is from the trunk highway fund.
161.29 (d) $673,000 in 2000 and $678,000 in 2001 is for the board
161.30 of teaching.
161.31 (e) Notwithstanding Minnesota Statutes, section 15.53,
161.32 subdivision 2, the commissioner of children, families, and
161.33 learning may contract with a school district for a period no
161.34 longer than five consecutive years to work in the development or
161.35 implementation of the graduation rule. The commissioner may
161.36 contract for services and expertise as necessary. The contracts
162.1 are not subject to Minnesota Statutes, section 16B.06.
162.2 (f) $165,000 in 2000 is for the state board of education.
162.3 Any functions of the state board of education that are not
162.4 specifically transferred to another agency are transferred to
162.5 the department of children, families, and learning under
162.6 Minnesota Statutes, section 15.039. For the position that is
162.7 classified, upon transferring the responsibilities, the current
162.8 incumbent is appointed to the classified position without exam
162.9 or probationary period.
162.10 (g) $2,000,000 in 2000 is for litigation costs and may only
162.11 be used for those purposes. This appropriation is available
162.12 until June 30, 2001. This is a one-time appropriation.
162.13 EFFECTIVE DATE: This section is effective retroactive to
162.14 July 1, 1999.
162.15 Sec. 3. [REPEALER.]
162.16 Laws 1999, chapter 241, article 10, section 5, is repealed
162.17 retroactive to July 1, 1999.
162.18 EFFECTIVE DATE: This section is effective retroactive to
162.19 July 1, 1999.
162.20 ARTICLE 10
162.21 KINDERGARTEN THROUGH GRADE 12 EDUCATION
162.22 TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
162.23 Section 1. Minnesota Statutes 1998, section 120A.22,
162.24 subdivision 3, is amended to read:
162.25 Subd. 3. [PARENT DEFINED; RESIDENCY DETERMINED.] (a) In
162.26 this section and sections 120A.24, and 120A.26, and 120A.41,
162.27 "parent" means a parent, guardian, or other person having legal
162.28 custody of a child.
162.29 (b) In sections 125A.03 to 125A.24 and 125A.65, "parent"
162.30 means a parent, guardian, or other person having legal custody
162.31 of a child under age 18. For an unmarried pupil age 18 or over,
162.32 "parent" means the pupil unless a guardian or conservator has
162.33 been appointed, in which case it means the guardian or
162.34 conservator.
162.35 (c) For purposes of sections 125A.03 to 125A.24 and
162.36 125A.65, the school district of residence for an unmarried pupil
163.1 age 18 or over who is a parent under paragraph (b) and who is
163.2 placed in a center for care and treatment, shall be the school
163.3 district in which the pupil's biological or adoptive parent or
163.4 designated guardian resides.
163.5 (d) For a married pupil age 18 or over, the school district
163.6 of residence is the school district in which the married pupil
163.7 resides.
163.8 Sec. 2. Minnesota Statutes 1998, section 123B.02, is
163.9 amended by adding a subdivision to read:
163.10 Subd. 5a. [TRESPASSES ON SCHOOL PROPERTY.] Trespasses on
163.11 school property shall be governed according to section 609.605,
163.12 subdivision 4.
163.13 Sec. 3. Minnesota Statutes 1998, section 123B.85,
163.14 subdivision 1, is amended to read:
163.15 Subdivision 1. [APPLICATION.] The following words and
163.16 terms in sections 121A.585, 121A.59, 123B.84 to 123B.87, and
163.17 123B.89 to 123B.90, and 123B.91, shall have the following
163.18 meanings ascribed to them.
163.19 Sec. 4. Minnesota Statutes 1999 Supplement, section
163.20 124D.128, subdivision 2, is amended to read:
163.21 Subd. 2. [COMMISSIONER DESIGNATION.] An area learning
163.22 center designated by the state must be a site. To be
163.23 designated, a district or center must demonstrate to the
163.24 commissioner that it will:
163.25 (1) provide a program of instruction that permits pupils to
163.26 receive instruction throughout the entire year; and
163.27 (2) maintain a record system that, for purposes of section
163.28 124.17 126C.05, permits identification of membership
163.29 attributable to pupils participating in the program. The record
163.30 system and identification must ensure that the program will not
163.31 have the effect of increasing the total number of pupil units
163.32 attributable to an individual pupil as a result of a learning
163.33 year program.
163.34 Sec. 5. Minnesota Statutes 1998, section 124D.454,
163.35 subdivision 2, is amended to read:
163.36 Subd. 2. [DEFINITIONS.] For the purposes of this
164.1 section and section 125A.77, the definitions in this subdivision
164.2 apply.
164.3 (a) "Base year" for fiscal year 1996 means fiscal year 1995.
164.4 Base year for later fiscal years means the second fiscal year
164.5 preceding the fiscal year for which aid will be paid.
164.6 (b) "Basic revenue" has the meaning given it in section
164.7 126C.10, subdivision 2. For the purposes of computing basic
164.8 revenue pursuant to this section, each child with a disability
164.9 shall be counted as prescribed in section 126C.05, subdivision 1.
164.10 (c) "Average daily membership" has the meaning given it in
164.11 section 126C.05.
164.12 (d) "Program growth factor" means 1.00 for fiscal year 1998
164.13 and later.
164.14 (e) "Aid percentage factor" means 60 percent for fiscal
164.15 year 1996, 70 percent for fiscal year 1997, 80 percent for
164.16 fiscal year 1998, 90 percent for fiscal year 1999, and 100
164.17 percent for fiscal year 2000 and later.
164.18 Sec. 6. Minnesota Statutes 1998, section 124D.454,
164.19 subdivision 10, is amended to read:
164.20 Subd. 10. [EXCLUSION.] A district shall not receive aid
164.21 pursuant to section 124D.453, or 125A.76, or 125A.77 for
164.22 salaries, supplies, travel or equipment for which the district
164.23 receives aid pursuant to this section.
164.24 Sec. 7. Minnesota Statutes 1999 Supplement, section
164.25 125A.023, subdivision 3, is amended to read:
164.26 Subd. 3. [DEFINITIONS.] For purposes of this section and
164.27 section 125A.027, the following terms have the meanings given
164.28 them:
164.29 (a) "Health plan" means:
164.30 (1) a health plan under section 62Q.01, subdivision 3;
164.31 (2) a county-based purchasing plan under section 256B.692;
164.32 (3) a self-insured health plan established by a local
164.33 government under section 471.617; or
164.34 (4) self-insured health coverage provided by the state to
164.35 its employees or retirees.
164.36 (b) For purposes of this section, "health plan company"
165.1 means an entity that issues a health plan as defined in
165.2 paragraph (a).
165.3 (c) "Individual interagency intervention plan" means a
165.4 standardized written plan describing those programs or services
165.5 and the accompanying funding sources available to eligible
165.6 children with disabilities.
165.7 (d) "Interagency intervention service system" means a
165.8 system that coordinates services and programs required in state
165.9 and federal law to meet the needs of eligible children with
165.10 disabilities ages three to 21, including:
165.11 (1) services provided under the following programs or
165.12 initiatives administered by state or local agencies:
165.13 (i) the maternal and child health program under title V of
165.14 the Social Security Act, United States Code, title 42, sections
165.15 701 to 709;
165.16 (ii) the Individuals with Disabilities Education Act under
165.17 United States Code, title 20, chapter 33, subchapter II,
165.18 sections 1411 to 1420;
165.19 (iii) medical assistance under the Social Security Act,
165.20 United States Code, title 42, chapter 7, subchapter XIX, section
165.21 1396, et seq.;
165.22 (iv) the Developmental Disabilities Assistance and Bill of
165.23 Rights Act, United States Code, title 42, chapter 75, subchapter
165.24 II, sections 6021 to 6030, Part B;
165.25 (v) the Head Start Act, United States Code, title 42,
165.26 chapter 105, subchapter II, sections 9831 to 9852;
165.27 (vi) rehabilitation services provided under chapter 268A;
165.28 (vii) Juvenile Court Act services provided under sections
165.29 260.011 to 260.91; 260B.001 to 260B.446; and 260C.001 to
165.30 260C.451;
165.31 (viii) the children's mental health collaboratives under
165.32 section 245.493;
165.33 (ix) the family service collaboratives under section
165.34 124D.23;
165.35 (x) the family community support plan under section
165.36 245.4881, subdivision 4;
166.1 (xi) the MinnesotaCare program under chapter 256L;
166.2 (xii) the community health services grants under chapter
166.3 145;
166.4 (xiii) the Community Social Services Act funding under the
166.5 Social Security Act, United States Code, title 42, sections 1397
166.6 to 1397f; and
166.7 (xiv) the community interagency transition interagency
166.8 committees under section 125A.22;
166.9 (2) services provided under a health plan in conformity
166.10 with an individual family service plan or an individual
166.11 education plan; and
166.12 (3) additional appropriate services that local agencies and
166.13 counties provide on an individual need basis upon determining
166.14 eligibility and receiving a request from the interagency early
166.15 intervention committee and the child's parent.
166.16 (e) "Children with disabilities" has the meaning given in
166.17 section 125A.02.
166.18 (f) A "standardized written plan" means those individual
166.19 services or programs available through the interagency
166.20 intervention service system to an eligible child other than the
166.21 services or programs described in the child's individual
166.22 education plan or the child's individual family service plan.
166.23 Sec. 8. Minnesota Statutes 1999 Supplement, section
166.24 125A.023, subdivision 5, is amended to read:
166.25 Subd. 5. [INTERVENTION DEMONSTRATION PROJECTS.] (a) The
166.26 commissioner of children, families, and learning, based on
166.27 recommendations from the state interagency committee, shall
166.28 issue a request for proposals by January 1, 1999, for grants to
166.29 the governing boards of interagency early intervention
166.30 committees under section 125A.027 or a combination of one or
166.31 more counties and school districts to establish five voluntary
166.32 interagency intervention demonstration projects. One grant
166.33 shall be used to implement a coordinated service system for all
166.34 eligible children with disabilities up to age five who received
166.35 services under sections 125A.26 to 125A.48. One grant shall be
166.36 used to implement a coordinated service system for a population
167.1 of minority children with disabilities from ages 12 to 21, who
167.2 may have behavioral problems and are in need of transitional
167.3 services. Each project must be operational by July 1, 1999.
167.4 The governing boards of the interagency early intervention
167.5 committees and the counties and school districts receiving
167.6 project grants must develop efficient ways to coordinate
167.7 services and funding for children with disabilities ages three
167.8 to 21, consistent with the requirements of this section and
167.9 section 125A.027 and the guidelines developed by the state
167.10 interagency committee under this section.
167.11 (b) The state interagency committee shall evaluate the
167.12 demonstration projects and provide the evaluation results to
167.13 interagency early intervention committees.
167.14 Sec. 9. Minnesota Statutes 1999 Supplement, section
167.15 125A.08, is amended to read:
167.16 125A.08 [SCHOOL DISTRICT OBLIGATIONS.]
167.17 (a) As defined in this section, to the extent required by
167.18 federal law as of July 1, 2000, every district must ensure the
167.19 following:
167.20 (1) all students with disabilities are provided the special
167.21 instruction and services which are appropriate to their needs.
167.22 Where the individual education plan team has determined
167.23 appropriate goals and objectives based on the student's needs,
167.24 including the extent to which the student can be included in the
167.25 least restrictive environment, and where there are essentially
167.26 equivalent and effective instruction, related services, or
167.27 assistive technology devices available to meet the student's
167.28 needs, cost to the district may be among the factors considered
167.29 by the team in choosing how to provide the appropriate services,
167.30 instruction, or devices that are to be made part of the
167.31 student's individual education plan. The individual education
167.32 plan team shall consider and may authorize services covered by
167.33 medical assistance according to section 256B.0625, subdivision
167.34 26. The student's needs and the special education instruction
167.35 and services to be provided must be agreed upon through the
167.36 development of an individual education plan. The plan must
168.1 address the student's need to develop skills to live and work as
168.2 independently as possible within the community. By grade 9 or
168.3 age 14, the plan must address the student's needs for transition
168.4 from secondary services to post-secondary education and
168.5 training, employment, community participation, recreation, and
168.6 leisure and home living. In developing the plan, districts must
168.7 inform parents of the full range of transitional goals and
168.8 related services that should be considered. The plan must
168.9 include a statement of the needed transition services, including
168.10 a statement of the interagency responsibilities or linkages or
168.11 both before secondary services are concluded;
168.12 (2) children with a disability under age five and their
168.13 families are provided special instruction and services
168.14 appropriate to the child's level of functioning and needs;
168.15 (3) children with a disability and their parents or
168.16 guardians are guaranteed procedural safeguards and the right to
168.17 participate in decisions involving identification, assessment
168.18 including assistive technology assessment, and educational
168.19 placement of children with a disability;
168.20 (4) eligibility and needs of children with a disability are
168.21 determined by an initial assessment or reassessment, which may
168.22 be completed using existing data under United States Code, title
168.23 20, section 33, et seq.;
168.24 (5) to the maximum extent appropriate, children with a
168.25 disability, including those in public or private institutions or
168.26 other care facilities, are educated with children who are not
168.27 disabled, and that special classes, separate schooling, or other
168.28 removal of children with a disability from the regular
168.29 educational environment occurs only when and to the extent that
168.30 the nature or severity of the disability is such that education
168.31 in regular classes with the use of supplementary services cannot
168.32 be achieved satisfactorily;
168.33 (6) in accordance with recognized professional standards,
168.34 testing and evaluation materials, and procedures used for the
168.35 purposes of classification and placement of children with a
168.36 disability are selected and administered so as not to be
169.1 racially or culturally discriminatory; and
169.2 (7) the rights of the child are protected when the parents
169.3 or guardians are not known or not available, or the child is a
169.4 ward of the state.
169.5 (b) For paraprofessionals employed to work in programs for
169.6 students with disabilities, the school board in each district
169.7 shall ensure that:
169.8 (1) before or immediately upon employment, each
169.9 paraprofessional develops sufficient knowledge and skills in
169.10 emergency procedures, building orientation, roles and
169.11 responsibilities, confidentiality, vulnerability, and
169.12 reportability, among other things, to begin meeting the needs of
169.13 the students with whom the paraprofessional works;
169.14 (2) annual training opportunities are available to enable
169.15 the paraprofessional to continue to further develop the
169.16 knowledge and skills that are specific to the students with whom
169.17 the paraprofessional works, including understanding
169.18 disabilities, following lesson plans, and implementing follow-up
169.19 instructional procedures and activities; and
169.20 (3) a districtwide process obligates each paraprofessional
169.21 to work under the ongoing direction of a licensed teacher and,
169.22 where appropriate and possible, the supervision of a school
169.23 nurse.
169.24 Sec. 10. Minnesota Statutes 1998, section 125A.76,
169.25 subdivision 7, is amended to read:
169.26 Subd. 7. [REVENUE ALLOCATION FROM COOPERATIVE CENTERS AND
169.27 INTERMEDIATES.] For the purposes of this section and section
169.28 125A.77, a special education cooperative or an intermediate
169.29 district must allocate its approved expenditures for special
169.30 education programs among participating school districts.
169.31 Sec. 11. Minnesota Statutes 1999 Supplement, section
169.32 125A.79, subdivision 8, is amended to read:
169.33 Subd. 8. [OUT-OF-STATE TUITION.] For children who are
169.34 residents of the state, receive services under section 125A.76,
169.35 subdivisions 1 and 2, and are placed in a care and treatment
169.36 facility by court action in a state that does not have a
170.1 reciprocity agreement with the commissioner under section
170.2 125A.115 125A.155, the resident school district shall submit the
170.3 balance of the tuition bills, minus the amount of the basic
170.4 revenue, as defined by section 126C.10, subdivision 2, of the
170.5 district for the child and the special education aid, and any
170.6 other aid earned on behalf of the child.
170.7 Sec. 12. Minnesota Statutes 1999 Supplement, section
170.8 125A.80, is amended to read:
170.9 125A.80 [UNIFORM BILLING SYSTEM FOR THE EDUCATION COSTS OF
170.10 OUT-OF-HOME PLACED STUDENTS.]
170.11 The commissioner, in cooperation with the commissioners of
170.12 human services and corrections and with input from appropriate
170.13 billing system users, shall develop and implement a uniform
170.14 billing system for school districts and other agencies,
170.15 including private providers, who provide the educational
170.16 services for students who are placed out of the home. The
170.17 uniform billing system must:
170.18 (1) allow for the proper and timely billing to districts by
170.19 service providers with a minimum amount of district
170.20 administration;
170.21 (2) allow districts to bill the state for certain types of
170.22 special education and regular education services as provided by
170.23 law;
170.24 (3) provide flexibility for the types of services that are
170.25 provided for children placed out of the home, including day
170.26 treatment services;
170.27 (4) allow the commissioner to track the type, cost, and
170.28 quality of services provided for children placed out of the
170.29 home;
170.30 (5) conform existing special education and proposed regular
170.31 education billing procedures;
170.32 (6) provide a uniform reporting standard of per diem rates;
170.33 (7) determine allowable expenses and maximum reimbursement
170.34 rates for the state reimbursement of care and treatment services
170.35 according to section 124D.701; and
170.36 (8) provide a process for the district to appeal to the
171.1 commissioner tuition bills submitted to districts and to the
171.2 state.
171.3 Sec. 13. Minnesota Statutes 1999 Supplement, section
171.4 125B.21, subdivision 3, is amended to read:
171.5 Subd. 3. [CRITERIA.] In addition to responsibilities of
171.6 the council under Laws 1993, First Special Session chapter 2, as
171.7 amended, the telecommunications council shall evaluate grant
171.8 applications under section 124C.74 125B.20 and applications from
171.9 district organizations using the following criteria:
171.10 (1) evidence of cooperative arrangements with other
171.11 post-secondary institutions, school districts, and community and
171.12 regional libraries in the geographic region;
171.13 (2) plans for shared classes and programs;
171.14 (3) avoidance of network duplication;
171.15 (4) evidence of efficiencies to be achieved in delivery of
171.16 instruction due to use of telecommunications;
171.17 (5) a plan for development of a list of all courses
171.18 available in the region for delivery at a distance;
171.19 (6) a plan for coordinating and scheduling courses; and
171.20 (7) a plan for evaluation of costs, access, and outcomes.
171.21 Sec. 14. Minnesota Statutes 1998, section 126C.12,
171.22 subdivision 2, is amended to read:
171.23 Subd. 2. [INSTRUCTOR DEFINED.] Primary instructor means a
171.24 public employee licensed by the board of teaching whose duties
171.25 are full-time instruction, excluding a teacher for whom
171.26 categorical aids are received pursuant to sections section
171.27 125A.76 and 125A.77. Except as provided in section 122A.68,
171.28 subdivision 6, instructor does not include supervisory and
171.29 support personnel, except school social workers as defined in
171.30 section 122A.15. An instructor whose duties are less than
171.31 full-time instruction must be included as an equivalent only for
171.32 the number of hours of instruction in grades kindergarten
171.33 through 6.
171.34 Sec. 15. Minnesota Statutes 1998, section 127A.05,
171.35 subdivision 4, is amended to read:
171.36 Subd. 4. [ADMINISTRATIVE RULES.] The commissioner may
172.1 adopt new rules and amend them or amend any existing rules only
172.2 under specific authority and consistent with the requirements of
172.3 chapter 14. The commissioner may repeal any existing
172.4 rules adopted by the commissioner. Notwithstanding the
172.5 provisions of section 14.05, subdivision 4, the commissioner may
172.6 grant a variance to rules adopted by the commissioner upon
172.7 application by a school district for purposes of implementing
172.8 experimental programs in learning or school management. This
172.9 subdivision shall not prohibit the commissioner from making
172.10 technical changes or corrections to adopted rules adopted by the
172.11 commissioner.
172.12 Sec. 16. Minnesota Statutes 1998, section 127A.41,
172.13 subdivision 8, is amended to read:
172.14 Subd. 8. [APPROPRIATION TRANSFERS.] If a direct
172.15 appropriation from the general fund to the department for any
172.16 education aid or grant authorized in this chapter and chapters
172.17 122A, 123A, 123B, 124D, 126C, and 134, excluding appropriations
172.18 under sections 124D.135, 124D.14, 124D.16, 124D.20, 124D.21,
172.19 124D.22, 124D.52, 124D.53, 124D.54, 124D.55, and 124D.56,
172.20 exceeds the amount required, the commissioner may transfer the
172.21 excess to any education aid or grant appropriation that is
172.22 insufficient. However, section 126C.20 applies to a deficiency
172.23 in the direct appropriation for general education aid. Excess
172.24 appropriations must be allocated proportionately among aids or
172.25 grants that have insufficient appropriations. The commissioner
172.26 of finance shall make the necessary transfers among
172.27 appropriations according to the determinations of the
172.28 commissioner. If the amount of the direct appropriation for the
172.29 aid or grant plus the amount transferred according to this
172.30 subdivision is insufficient, the commissioner shall prorate the
172.31 available amount among eligible districts. The state is not
172.32 obligated for any additional amounts.
172.33 Sec. 17. Minnesota Statutes 1998, section 127A.41,
172.34 subdivision 9, is amended to read:
172.35 Subd. 9. [APPROPRIATION TRANSFERS FOR COMMUNITY EDUCATION
172.36 PROGRAMS.] If a direct appropriation from the general fund to
173.1 the department of children, families, and learning for an
173.2 education aid or grant authorized under section
173.3 124D.135, 124D.14, 124D.16, 124D.20, 124D.21, 124D.22, 124D.52,
173.4 124D.53, 124D.54, 124D.55, or 124D.56 exceeds the amount
173.5 required, the commissioner of children, families, and learning
173.6 may transfer the excess to any education aid or grant
173.7 appropriation that is insufficiently funded under these sections.
173.8 Excess appropriations shall be allocated proportionately among
173.9 aids or grants that have insufficient appropriations. The
173.10 commissioner of finance shall make the necessary transfers among
173.11 appropriations according to the determinations of the
173.12 commissioner of children, families, and learning. If the amount
173.13 of the direct appropriation for the aid or grant plus the amount
173.14 transferred according to this subdivision is insufficient, the
173.15 commissioner shall prorate the available amount among eligible
173.16 districts. The state is not obligated for any additional
173.17 amounts.
173.18 Sec. 18. Minnesota Statutes 1999 Supplement, section
173.19 181A.04, subdivision 6, is amended to read:
173.20 Subd. 6. A high school student under the age of 18 must
173.21 not be permitted to work after 11:00 p.m. on an evening before a
173.22 school day or before 5:00 a.m. on a school day, except as
173.23 permitted by section 181A.07, subdivisions 1, 2, 3, and 4. If a
173.24 high school student under the age of 18 has supplied the
173.25 employer with a note signed by the parent or guardian of the
173.26 student, the student may be permitted to work until 11:30 p.m.
173.27 on the evening before a school day and beginning at 4:30 a.m. on
173.28 a school day.
173.29 For the purpose of this subdivision, a high school student
173.30 does not include a student enrolled in an alternative education
173.31 program approved by the commissioner of children, families, and
173.32 learning or an area learning center, including area learning
173.33 centers under sections 123A.05 to 123A.08 or according to
173.34 section 122A.164 122A.163.
173.35 Sec. 19. Laws 1999, chapter 241, article 1, section 69, is
173.36 amended to read:
174.1 Sec. 69. [REPEALER.]
174.2 (a) Minnesota Statutes 1998, sections 123B.89; and 123B.92,
174.3 subdivisions 2, 4, 6, 7, 8, and 10, are repealed.
174.4 (b) Minnesota Statutes 1998, section 120B.05, is repealed
174.5 effective for revenue for fiscal year 2000.
174.6 (c) Minnesota Statutes 1998, section 124D.65, subdivisions
174.7 1, 2, and 3, are repealed effective for revenue for fiscal year
174.8 2001.
174.9 (d) Minnesota Statutes 1998, sections 124D.67; 126C.05,
174.10 subdivision 4; and 126C.06, are repealed effective the day
174.11 following final enactment.
174.12 This appropriation is available until June 30, 2001.
174.13 Sec. 20. Laws 1999, chapter 241, article 9, section 49, is
174.14 amended to read:
174.15 Sec. 49. [TRANSITION.]
174.16 Notwithstanding Minnesota Statutes, section 15.0597, the
174.17 terms of persons who are members appointed by the governor
174.18 before the effective date of section 8 37, shall have their term
174.19 end on July 31 of the year following the last year of their
174.20 appointment.
174.21 Sec. 21. [REVISOR INSTRUCTION.]
174.22 In the next and subsequent editions of Minnesota Statutes,
174.23 the revisor shall renumber section 123B.02, subdivision 12, as
174.24 120A.22, subdivision 1a. The revisor shall correct all
174.25 cross-references to be consistent with the renumbering.
174.26 Sec. 22. [REPEALER.]
174.27 Laws 1999, chapter 241, article 9, sections 35 and 36, and
174.28 chapter 245, article 4, section 3, are repealed.
174.29 ARTICLE 11
174.30 HIGHER EDUCATION
174.31 Section 1. [HIGHER EDUCATION APPROPRIATIONS.]
174.32 The sums in the columns marked "APPROPRIATIONS" are
174.33 appropriated from the general fund, or other named fund, to the
174.34 agencies and for the purposes specified in this article. The
174.35 listing of an amount under the figure "2000" or "2001" in this
174.36 article indicates that the amount is appropriated to be
175.1 available for the fiscal year ending June 30, 2000, or June 30,
175.2 2001, respectively. "The first year" is fiscal year 2000. "The
175.3 second year" is fiscal year 2001. "The biennium" is fiscal
175.4 years 2000 and 2001.
175.5 SUMMARY BY FUND
175.6 2000 2001 TOTAL
175.7 General $ 5,800,000 $ 8,200,000 $ 14,000,000
175.8 SUMMARY BY AGENCY - ALL FUNDS
175.9 2000 2001 TOTAL
175.10 Board of Trustees of the Minnesota
175.11 State Colleges and Universities
175.12 5,800,000 7,380,000 13,180,000
175.13 Board of Regents of the University
175.14 of Minnesota
175.15 -0- 820,000 820,000
175.16 APPROPRIATIONS
175.17 Available for the Year
175.18 Ending June 30
175.19 2000 2001
175.20 Sec. 2. BOARD OF TRUSTEES OF THE
175.21 MINNESOTA STATE COLLEGES AND UNIVERSITIES
175.22 Subdivision 1. Total
175.23 Appropriation 5,800,000 7,380,000
175.24 The amounts that may be spent from this
175.25 appropriation for each purpose are
175.26 specified in the following subdivisions.
175.27 Subd. 2. Deficiency
175.28 Appropriations
175.29 5,800,000 5,800,000
175.30 This is a deficiency appropriation for
175.31 increased enrollments. This
175.32 appropriation is in addition to the
175.33 appropriation in Laws 1999, chapter
175.34 214, article 1, section 3, subdivision
175.35 1. This is a one-time appropriation.
175.36 Subd. 3. Farm Business
175.37 Management
175.38 -0- 250,000
175.39 This appropriation is to provide
175.40 educational and management services to
175.41 a greater number of farmers facing
175.42 financial hardship in the farm wrap and
175.43 farm help network service areas.
175.44 Subd. 4. Urban Teacher
175.45 Preparation
175.46 -0- 1,250,000
176.1 This appropriation is for the
176.2 development and implementation of the
176.3 secondary and early childhood education
176.4 components of the program established
176.5 by this subdivision.
176.6 (a) The board shall offer a program of
176.7 teacher preparation leading to
176.8 licensure, involving Metropolitan State
176.9 University, Inver Hills Community
176.10 College, and Minneapolis Community and
176.11 Technical College. The institutions
176.12 involved shall enter into an agreement
176.13 whereby Inver Hills Community College
176.14 and Minneapolis Community and Technical
176.15 College shall provide the first two
176.16 years of the program, and Metropolitan
176.17 State University shall provide the
176.18 final two years of the program. In
176.19 fall semester 2000, Minneapolis
176.20 Community and Technical College and
176.21 Inver Hills Community College shall
176.22 offer a preeducation program. After
176.23 development of the program in fiscal
176.24 year 2001, Metropolitan State
176.25 University shall begin its licensure
176.26 program in fall semester 2001. The
176.27 program shall focus on preparing
176.28 teachers to meet the specific needs of
176.29 urban and inner-ring suburban schools
176.30 and shall emphasize significant direct
176.31 classroom teaching experience and
176.32 mentoring throughout each student's
176.33 preparation. The program may also
176.34 focus on the professional development
176.35 of pretenure teachers. Metropolitan
176.36 State University, Inver Hills Community
176.37 College, and Minneapolis Community and
176.38 Technical College are encouraged to
176.39 enter into partnerships with urban and
176.40 inner-ring suburban schools to provide
176.41 for significant involvement of
176.42 elementary and secondary teachers in
176.43 the mentoring of students enrolled in
176.44 the program.
176.45 (b) The legislature expects the program
176.46 to enroll at least 50 percent students
176.47 of color.
176.48 (c) By February 15, 2002, and annually
176.49 thereafter, the board of trustees shall
176.50 provide a progress report to the chairs
176.51 of the higher education finance
176.52 divisions of the legislature regarding
176.53 the development of the teacher
176.54 preparation program. The annual report
176.55 shall include, to the extent
176.56 practicable at the time of preparation,
176.57 information comparing program outcomes
176.58 with the target expectations set forth
176.59 in paragraph (b). The report shall
176.60 include feedback from enrolled students
176.61 concerning how the program meets their
176.62 needs, as well as from cooperating
176.63 elementary and secondary schools on how
176.64 the students are performing on site.
176.65 Subd. 5. Cook County Higher
176.66 Education Project
177.1 -0- 80,000
177.2 This appropriation is for the Cook
177.3 county higher education project for
177.4 delivery of educational services
177.5 electronically due to the lack of
177.6 access to higher education services in
177.7 the area. The board shall submit a
177.8 report in the biennial budget document
177.9 on uses of the appropriation. The
177.10 report shall include information
177.11 regarding the number of students
177.12 served, credit hours delivered, other
177.13 services provided, strategic direction
177.14 of the project, expected future funding
177.15 sources, and collaborations with other
177.16 organizations.
177.17 Subd. 6. Allocation For
177.18 Excess Health Care Costs
177.19 The board must provide relief to
177.20 campuses who have experienced health
177.21 care cost increases of greater than 80
177.22 percent above the systemwide average
177.23 increase since 1996.
177.24 Sec. 3. BOARD OF REGENTS OF THE
177.25 UNIVERSITY OF MINNESOTA
177.26 Subdivision 1. Total
177.27 Appropriation 820,000
177.28 The amounts that may be spent from this
177.29 appropriation for each purpose are
177.30 specified in the following subdivisions.
177.31 Subd. 2. Duluth; Child Care
177.32 -0- 220,000
177.33 This is a one-time appropriation for
177.34 start-up costs for child care in the
177.35 newly renovated Kirby Center.
177.36 Subd. 3. Special
177.37 Appropriation
177.38 Agricultural Rapid Response Fund
177.39 -0- 600,000
177.40 This appropriation is for the rapid
177.41 agricultural response fund. The
177.42 university shall report on the uses of
177.43 this appropriation in the biennial
177.44 budget document. This appropriation is
177.45 added to the appropriation in Laws
177.46 1999, chapter 214, article 1, section
177.47 4, subdivision 5, paragraph (a).
177.48 Sec. 4. Minnesota Statutes 1998, section 136A.125, is
177.49 amended by adding a subdivision to read:
177.50 Subd. 4c. [UNEXPENDED BALANCE.] Any unexpended
177.51 appropriation in the child care grant program in the first year
177.52 of a biennium shall be used to augment the maximum award in
178.1 subdivision 4 in the second year of the biennium.
178.2 Sec. 5. Laws 1999, chapter 214, article 1, section 4,
178.3 subdivision 2, is amended to read:
178.4 Subd. 2. Operations and
178.5 Maintenance 513,279,000 533,870,000
178.6 Estimated Expenditures
178.7 and Appropriations
178.8 The legislature estimates that
178.9 instructional expenditures will be
178.10 $461,521,000 in the first year and
178.11 $484,679,000 in the second year.
178.12 The legislature estimates that
178.13 noninstructional expenditures will be
178.14 $202,367,000 in the first year and
178.15 $201,717,000 in the second year.
178.16 By January 30, 2000, the University
178.17 shall submit to the governor and the
178.18 legislature a master academic plan for
178.19 the Rochester region that clearly
178.20 defines the academic needs of the
178.21 region, short and long-term plans to
178.22 address those needs including the
178.23 designation of responsibility among the
178.24 partner institutions, short and
178.25 long-term demographic and enrollment
178.26 projections, physical plant capacity
178.27 and needs, and a delineation of
178.28 missions among the partner institutions
178.29 to avoid competition and duplication.
178.30 Notwithstanding Minnesota Statutes
178.31 1998, section 137.022, subdivision 4,
178.32 in fiscal year 2001 the first $200,000
178.33 of permanent university fund income
178.34 from royalties for mining under state
178.35 mineral leases designated for the
178.36 natural resources research institute
178.37 shall be allocated by the board of
178.38 regents to the department of landscape
178.39 architecture to develop a long-range
178.40 plan for the reclamation of taconite
178.41 mining lands. The board shall allocate
178.42 the money only if an equal or greater
178.43 amount of matching money from nonstate
178.44 sources has been pledged to support the
178.45 project by June 30, 2000 in increments
178.46 of $50,000 as each $50,000 is matched
178.47 by nonstate sources, provided that no
178.48 money may be allocated after June 30,
178.49 2001.
178.50 The University of Minnesota academic
178.51 health center, after consultation with
178.52 the health care community and medical
178.53 education and research costs advisory
178.54 committee, shall report by January 15,
178.55 2000, to the higher education finance
178.56 committees on the strategic direction
178.57 of its health professional programs.
178.58 The plans shall include a programmatic
178.59 and financial model for health
178.60 professional education that will meet
178.61 the state's future workforce needs,
178.62 maintain the integrity of the education
179.1 process, provide an appropriate level
179.2 of ongoing financial support, and
179.3 provide a framework for the health
179.4 community and academic health center to
179.5 work together in meeting the health
179.6 needs of the state. The academic
179.7 health center is requested to provide
179.8 the report also to the commissioner of
179.9 health and the legislative commission
179.10 on health care access.
179.11 Sec. 6. [FACILITY USE ANALYSIS OF MINNESOTA STATE COLLEGES
179.12 AND UNIVERSITIES AND INTERMEDIATE SCHOOL DISTRICTS.]
179.13 The intermediate school districts and the board of trustees
179.14 of the Minnesota state colleges and universities shall contract
179.15 with the management analysis division of the department of
179.16 administration for an analysis and report to the legislature on
179.17 the educational space needs of Century community and technical
179.18 college and intermediate school district No. 916, Dakota county
179.19 technical college and intermediate school district No. 917, and
179.20 Hennepin technical college and intermediate school district No.
179.21 287. The board of trustees will pay 50 percent of the cost of
179.22 the contract and the intermediate school districts will pay the
179.23 remainder. The report shall: (a) include an analysis of
179.24 current and future educational space needs in buildings shared
179.25 by the intermediate school districts and Minnesota state
179.26 colleges and universities; (b) include information on the amount
179.27 paid from property taxes to construct the space used by
179.28 intermediate school districts in each facility under Minnesota
179.29 state colleges and universities control; (c) analyze areas where
179.30 the missions and space requirements are compatible and long-term
179.31 sharing of space will efficiently serve students; (d) include
179.32 recommendations, if any, for amendments to the current joint
179.33 powers agreements; and (e) recommend facility arrangements and
179.34 financing alternatives for space needed to relocate programs or
179.35 services provided by intermediate school districts. The
179.36 alternative financing recommendations may include, but are not
179.37 limited to, state appropriations, state capital bonding, local
179.38 bonding, or local levies to provide instructional and
179.39 administrative space. The report shall be delivered to the
179.40 kindergarten through grade 12 and higher education committees of
180.1 the legislature prior to February 1, 2001.
180.2 Notwithstanding any termination date in the agreements
180.3 between the intermediate school districts and the Minnesota
180.4 state colleges and universities board for the use of space in
180.5 the technical colleges or any law to the contrary, the
180.6 agreements shall not expire or terminate until June 30, 2010.
180.7 Sec. 7. [MANAGEMENT ANALYSIS OF MINNESOTA STATE COLLEGES
180.8 AND UNIVERSITIES.]
180.9 The management analysis division of the department of
180.10 administration must review board-level administration and
180.11 management of the Minnesota state colleges and universities and
180.12 make recommendations to the board of trustees and the
180.13 legislature by February 1, 2001, as to:
180.14 (1) the extent that the board should delegate its control
180.15 and authority over internal system operations, including, but
180.16 not limited to, contracting, employment responsibilities, and
180.17 hiring and supervisory authority with respect to campus
180.18 presidents;
180.19 (2) the necessity for an independent staff for the board of
180.20 trustees and if necessary, the appropriate role for such
180.21 independent staff;
180.22 (3) other issues deemed important to the improvement of
180.23 board-level management; and
180.24 (4) practices that will improve reporting by the system to
180.25 the board.
180.26 The board of trustees must contract with the management
180.27 analysis division of the department of administration for the
180.28 study under this section.
180.29 Sec. 8. [REPEALER.]
180.30 Minnesota Rules, parts 4830.9005; 4830.9010; 4830.9015;
180.31 4830.9020; and 4830.9030, are repealed.
180.32 Sec. 9. [EFFECTIVE DATE.]
180.33 Sections 1 to 8 are effective the day following final
180.34 enactment.