SF 672

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:14am

A bill for an act
relating to education finance; simplifying and repealing mandates on districts;
amending Minnesota Statutes 2008, sections 16E.18, subdivision 2; 120A.24,
subdivision 4; 120A.26, subdivision 5; 120A.32; 120B.11, subdivision 5;
122A.09, subdivision 7; 122A.50; 122A.61, subdivision 1; 123B.10, subdivision
1; 123B.71, subdivisions 1, 8, 12; 124D.10, subdivision 13; 124D.19, subdivision
3; 125A.57, subdivision 2; 125A.61, subdivision 1; 237.065, subdivision 2;
237.066, subdivision 2; repealing Minnesota Statutes 2008, sections 120A.26,
subdivision 4; 120A.41; 120B.11, subdivisions 6, 7, 8; 120B.39; 122A.32;
122A.628; 122A.75.

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

Section 1.

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

Subd. 2.

Creation.

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

Sec. 2.

Minnesota Statutes 2008, section 120A.24, subdivision 4, is amended to read:

Subd. 4.

Reports to the state.

A superintendent must make an annual report to the
commissioner of education. The report must include deleted text begin the following information:
deleted text end

deleted text begin (1) deleted text end the number of children residing in the district attending nonpublic schools or
receiving instruction from persons or institutions other than a public school deleted text begin ;
deleted text end

deleted text begin (2) the number of children in clause (1) who are in compliance with section 120A.22
and this section; and deleted text end

deleted text begin (3) the number of children in clause (1) who the superintendent has determined are
not in compliance with section 120A.22 and this section deleted text end .

Sec. 3.

Minnesota Statutes 2008, section 120A.26, subdivision 5, is amended to read:

Subd. 5.

Notice to county attorney.

If the alleged violations are not corrected
deleted text begin through the fact-finding and mediation process under subdivision 4 deleted text end new text begin within 15 days of
receipt of the written notification new text end , the superintendent must notify the county attorney of
the alleged violations. The superintendent must notify the parents, by certified mail, of the
superintendent's intent to notify the county attorney of the alleged violations.

Sec. 4.

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

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

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

Sec. 5.

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

Subd. 5.

Report.

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

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

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

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

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

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

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

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

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

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

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

Sec. 6.

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

Subd. 7.

Commissioner's assistance; board money.

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

Sec. 7.

Minnesota Statutes 2008, section 122A.50, is amended to read:

122A.50 PREPARATION TIME.

Beginning with agreements effective July 1, 1995, and thereafter, all collective
bargaining agreements for teachers provided for under chapter 179A, must include
provisions for preparation time or a provision indicating that the parties to the agreement
chose not to include preparation time in the contract. new text begin Preparation time included in
bargaining agreements beginning July 1, 2009, and later must not exceed 80 percent of
the preparation time agreed upon in the bargaining agreement immediately preceding
July 1, 2009.
new text end

If the parties cannot agree on preparation time the following provision shall apply
and be incorporated as part of the agreement: "Within the student day for every 25 minutes
of classroom instructional time, a minimum of five additional minutes of preparation time
shall be provided to each licensed teacher. Preparation time shall be provided in one or
two uninterrupted blocks during the student day. Exceptions to this may be made by
mutual agreement between the district and the exclusive representative of the teachers."

Sec. 8.

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

Subdivision 1.

Staff development revenue.

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

Sec. 9.

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

Subdivision 1.

Budgets; form of notification.

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

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

Sec. 10.

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

Subdivision 1.

Consultation.

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

Sec. 11.

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

Subd. 8.

Review and comment.

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

Sec. 12.

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

Subd. 12.

Publication.

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

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

Sec. 13.

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

Subd. 13.

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

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

Sec. 14.

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

Subd. 3.

Community education director.

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

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

(c) A board of a district with a total population of deleted text begin 2,000 deleted text end new text begin 10,000 new text end or less may identify
an employee who holds a valid Minnesota new text begin teacher, new text end principal new text begin , new text end or superintendent license
under Minnesota Rules, chapter 3512, to serve as director of community education. To
be eligible for an exception under this paragraph, the board shall certify in writing to the
commissioner that the district has not placed a licensed director of community education
on unrequested leave.

Sec. 15.

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

Subd. 2.

Assistive technology device.

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

Sec. 16.

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

Subdivision 1.

State schools at Faribault.

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

Sec. 17.

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

Subd. 2.

Basic and advanced telecommunication service; reduced rate.

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

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

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

Sec. 18.

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

Subd. 2.

Program participation.

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

Sec. 19. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 120A.26, subdivision 4; 120A.41; 120B.11,
subdivisions 6, 7, and 8; 120B.39; 122A.32; 122A.628; and 122A.75, new text end new text begin are repealed.
new text end