1.1                          A bill for an act 
  1.2             relating to education; providing for site council 
  1.3             recommendations for board appointments; clarifying 
  1.4             provisions relating to the Minnesota state academies; 
  1.5             appropriating money; amending Minnesota Statutes 1998, 
  1.6             sections 125A.62; 125A.64; 125A.65, subdivisions 3, 5, 
  1.7             6, 7, 8, and 10; 125A.68, subdivision 1; 125A.69, 
  1.8             subdivisions 1 and 3; 125A.70, subdivision 2; 125A.71, 
  1.9             subdivision 3; 125A.72; and 125A.73. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1998, section 125A.62, is 
  1.12  amended to read: 
  1.13     125A.62 [DUTIES OF STATE THE BOARD OF EDUCATION THE 
  1.14  MINNESOTA STATE ACADEMIES.] 
  1.15     Subdivision 1.  [GOVERNANCE.] The board of the Faribault 
  1.16  academy Minnesota state academies shall govern the state 
  1.17  academies for the deaf and the state academy for the blind.  The 
  1.18  board must promote academic standards based on high expectation 
  1.19  and an assessment system to measure academic performance toward 
  1.20  the achievement of those standards.  The board must focus on the 
  1.21  academies' needs as a whole and not prefer one school over the 
  1.22  other.  The board of the Faribault Minnesota state academies 
  1.23  shall consist of seven nine persons.  The members of the board 
  1.24  shall be appointed by the governor with the advice and consent 
  1.25  of the senate.  Three members One member must be from the 
  1.26  seven-county metropolitan area, three members must be from 
  1.27  greater Minnesota, and one member may be appointed at-large.  
  2.1   The board must be composed of: 
  2.2      (1) one present or former superintendent of an independent 
  2.3   school district; 
  2.4      (2) one present or former special education director; 
  2.5      (3) the commissioner of children, families, and learning or 
  2.6   the commissioner's designee; 
  2.7      (4) one member of the blind community; 
  2.8      (5) one member of the deaf community; and 
  2.9      (6) two members of the general public with business, 
  2.10  administrative, or financial expertise; 
  2.11     (7) one nonvoting unpaid ex-officio member appointed by the 
  2.12  site council for the state academy for the deaf; and 
  2.13     (8) one nonvoting unpaid ex-officio member appointed by the 
  2.14  site council for the state academy for the blind. 
  2.15     Subd. 2.  [TERMS; COMPENSATION; AND OTHER.] The membership 
  2.16  terms, compensation, removal of members, and filling of 
  2.17  vacancies shall be as provided for in section 15.0575.  
  2.18  Notwithstanding section 15.0575, a member may serve not more 
  2.19  than two consecutive four-year terms. 
  2.20     Subd. 3.  [MEETINGS.] All meetings of the board shall be as 
  2.21  provided in section 471.705 and must be held in Faribault. 
  2.22     Subd. 4.  [MOST BENEFICIAL, LEAST RESTRICTIVE.] The board 
  2.23  must do what is necessary to provide the most beneficial and 
  2.24  least restrictive program of education for each pupil at the 
  2.25  academies who is handicapped by visual disability or deafness.  
  2.26     Subd. 5.  [PLANNING, EVALUATION, AND REPORTING.] To the 
  2.27  extent required in school districts, the board must establish a 
  2.28  process for the academies to include parent and community input 
  2.29  in the planning, evaluation, and reporting of curriculum and 
  2.30  pupil achievement. 
  2.31     Subd. 6.  [SITE COUNCILS.] The board may must establish, 
  2.32  and appoint members to, a site council at each academy.  The 
  2.33  site councils shall exercise power and authority granted by the 
  2.34  board.  The board must appoint to each site council the 
  2.35  exclusive representative's employee designee from each exclusive 
  2.36  representative at the academies.  The site councils may make a 
  3.1   recommendation to the governor regarding board appointments no 
  3.2   more than 30 days after receiving the list of applicants from 
  3.3   the governor. 
  3.4      Subd. 7.  [TRUSTEE OF ACADEMIES' PROPERTY.] The board is 
  3.5   the trustee of the academies' property.  Securities and money, 
  3.6   including income from the property, must be deposited in the 
  3.7   state treasury according to section 16A.275.  The deposits are 
  3.8   subject to the order of the board.  
  3.9      Subd. 8.  [GRANTS.] The board, through the chief 
  3.10  administrators of the academies, may apply for all competitive 
  3.11  grants administered by agencies of the state and other 
  3.12  government or nongovernment sources.  Application may not be 
  3.13  made for grants over which the board has discretion. 
  3.14     Sec. 2.  Minnesota Statutes 1998, section 125A.64, is 
  3.15  amended to read: 
  3.16     125A.64 [POWERS OF BOARD OF THE FARIBAULT MINNESOTA STATE 
  3.17  ACADEMIES.] 
  3.18     Subdivision 1.  [PERSONNEL.] The board of the Faribault 
  3.19  Minnesota state academies may employ central administrative 
  3.20  staff members and other personnel necessary to provide and 
  3.21  support programs and services at each academy.  
  3.22     Subd. 2.  [GET HELP FROM DEPARTMENT.] The board of the 
  3.23  Faribault Minnesota state academies may require the department 
  3.24  of children, families, and learning to provide program 
  3.25  leadership, program monitoring, and technical assistance at the 
  3.26  academies.  
  3.27     Subd. 3.  [UNCLASSIFIED POSITIONS.] The board of the 
  3.28  Faribault Minnesota state academies may place any position other 
  3.29  than residential academies administrator in the unclassified 
  3.30  service.  The position must meet the criteria in section 43A.08, 
  3.31  subdivision 1a.  
  3.32     Subd. 4.  [RESIDENTIAL AND BUILDING MAINTENANCE SERVICES.] 
  3.33  The board of the Faribault Minnesota state academies may enter 
  3.34  into agreements with public or private agencies or institutions 
  3.35  to provide residential and building maintenance services.  The 
  3.36  board of the Faribault Minnesota state academies must first 
  4.1   decide that contracting for the services is more efficient and 
  4.2   less expensive than not contracting for them.  
  4.3      Subd. 5.  [STUDENT TEACHERS AND PROFESSIONAL TRAINEES.] (a) 
  4.4   The board of the Faribault Minnesota state academies may enter 
  4.5   into agreements with teacher preparation institutions for 
  4.6   student teachers to get practical experience at the academies.  
  4.7   A licensed teacher must provide appropriate supervision of each 
  4.8   student teacher.  
  4.9      (b) The board of the Faribault Minnesota state academies 
  4.10  may enter into agreements with accredited higher education 
  4.11  institutions for certain student trainees to get practical 
  4.12  experience at the academies.  The students must be preparing 
  4.13  themselves in a professional field that provides special 
  4.14  services to children with a disability in school programs.  To 
  4.15  be a student trainee in a field, a person must have completed at 
  4.16  least two years of an approved program in the field.  A person 
  4.17  who is licensed or registered in the field must provide 
  4.18  appropriate supervision of each student trainee.  
  4.19     Sec. 3.  Minnesota Statutes 1998, section 125A.65, 
  4.20  subdivision 3, is amended to read: 
  4.21     Subd. 3.  [EDUCATIONAL PROGRAM; TUITION.] When it is 
  4.22  determined pursuant to section 125A.69, subdivision 1 or 2, that 
  4.23  the child is entitled to attend either school, the board of the 
  4.24  Faribault Minnesota state academies must provide the appropriate 
  4.25  educational program for the child.  The board of the Faribault 
  4.26  Minnesota state academies must make a tuition charge to the 
  4.27  child's district of residence for the cost of providing the 
  4.28  program.  The amount of tuition charged must not exceed the 
  4.29  basic revenue of the district for that child, for the amount of 
  4.30  time the child is in the program.  For purposes of this 
  4.31  subdivision, "basic revenue" has the meaning given it in section 
  4.32  126C.10, subdivision 2.  The district of the child's residence 
  4.33  must pay the tuition and may claim general education aid for the 
  4.34  child.  Tuition received by the board of the Faribault Minnesota 
  4.35  state academies, except for tuition received under subdivision 
  4.36  4, must be deposited in the state treasury as provided in 
  5.1   subdivision 8. 
  5.2      Sec. 4.  Minnesota Statutes 1998, section 125A.65, 
  5.3   subdivision 5, is amended to read: 
  5.4      Subd. 5.  [PROVIDING APPROPRIATE EDUCATIONAL PROGRAMS.] 
  5.5   When it is determined that the child can benefit from public 
  5.6   school enrollment but that the child should also remain in 
  5.7   attendance at the applicable school, the district where the 
  5.8   institution is located must provide an appropriate educational 
  5.9   program for the child and must make a tuition charge to the 
  5.10  board of the Faribault Minnesota state academies for the actual 
  5.11  cost of providing the program, less any amount of aid received 
  5.12  pursuant to section 125A.75.  The board of the Faribault 
  5.13  Minnesota state academies must pay the tuition and other program 
  5.14  costs including the unreimbursed transportation costs.  Aids for 
  5.15  children with a disability must be paid to the district 
  5.16  providing the special instruction and services.  Special 
  5.17  transportation must be provided by the district providing the 
  5.18  educational program and the state must reimburse that district 
  5.19  within the limits provided by law.  
  5.20     Sec. 5.  Minnesota Statutes 1998, section 125A.65, 
  5.21  subdivision 6, is amended to read: 
  5.22     Subd. 6.  [TUITION REDUCTION.] Notwithstanding the 
  5.23  provisions of subdivisions 3 and 5, the board of the Faribault 
  5.24  Minnesota state academies may agree to make a tuition charge for 
  5.25  less than the amount specified in subdivision 3 for pupils 
  5.26  attending the applicable school who are residents of the 
  5.27  district where the institution is located and who do not board 
  5.28  at the institution, if that district agrees to make a tuition 
  5.29  charge to the board of the Faribault Minnesota state academies 
  5.30  for less than the amount specified in subdivision 5 for 
  5.31  providing appropriate educational programs to pupils attending 
  5.32  the applicable school. 
  5.33     Sec. 6.  Minnesota Statutes 1998, section 125A.65, 
  5.34  subdivision 7, is amended to read: 
  5.35     Subd. 7.  [STAFF ALLOCATION.] Notwithstanding the 
  5.36  provisions of subdivisions 3 and 5, the board of the Faribault 
  6.1   Minnesota state academies may agree to supply staff from the 
  6.2   Minnesota state academy for the deaf and the Minnesota state 
  6.3   academy for the blind to participate in the programs provided by 
  6.4   the district where the institutions are located when the 
  6.5   programs are provided to students in attendance at the state 
  6.6   schools.  
  6.7      Sec. 7.  Minnesota Statutes 1998, section 125A.65, 
  6.8   subdivision 8, is amended to read: 
  6.9      Subd. 8.  [STUDENT COUNT; TUITION.] On May 1 of each year, 
  6.10  the board of the Faribault Minnesota state academies shall count 
  6.11  the actual number of Minnesota resident kindergarten and 
  6.12  elementary students and the actual number of Minnesota resident 
  6.13  secondary students enrolled and receiving education services at 
  6.14  the Minnesota state academy for the deaf and the Minnesota state 
  6.15  academy for the blind.  The board of the Faribault Minnesota 
  6.16  state academies shall deposit in the state treasury an amount 
  6.17  equal to all tuition received less:  
  6.18     (1) the total number of students on May 1 less 175, times 
  6.19  the ratio of the number of kindergarten and elementary students 
  6.20  to the total number of students on May 1, times the general 
  6.21  education formula allowance; plus 
  6.22     (2) the total number of students on May 1 less 175, times 
  6.23  the ratio of the number of secondary students on May 1 to the 
  6.24  total number of students on May 1, times 1.3, times the general 
  6.25  education formula allowance.  
  6.26     Sec. 8.  Minnesota Statutes 1998, section 125A.65, 
  6.27  subdivision 10, is amended to read: 
  6.28     Subd. 10.  [ANNUAL APPROPRIATION.] There is annually 
  6.29  appropriated to the department for the Faribault Minnesota state 
  6.30  academies the tuition amounts received and credited to the 
  6.31  general operation account of the academies under this section.  
  6.32  A balance in an appropriation under this paragraph does not 
  6.33  cancel but is available in successive fiscal years.  
  6.34     Sec. 9.  Minnesota Statutes 1998, section 125A.68, 
  6.35  subdivision 1, is amended to read: 
  6.36     Subdivision 1.  [SUBJECTS.] The board of the Faribault 
  7.1   Minnesota state academies must establish procedures for:  
  7.2      (1) admission, including short-term admission, to the 
  7.3   academies; 
  7.4      (2) discharge from the academies; 
  7.5      (3) decisions on a pupil's program at the academies; and 
  7.6      (4) evaluation of a pupil's progress at the academies.  
  7.7      Sec. 10.  Minnesota Statutes 1998, section 125A.69, 
  7.8   subdivision 1, is amended to read: 
  7.9      Subdivision 1.  [TWO KINDS.] There are two kinds of 
  7.10  admission to the Minnesota state academies.  
  7.11     (a) A pupil who is deaf, hard of hearing, or blind-deaf, 
  7.12  may be admitted to the academy for the deaf.  A pupil who is 
  7.13  blind or visually impaired, blind-deaf, or multiply handicapped 
  7.14  may be admitted to the academy for the blind.  For a pupil to be 
  7.15  admitted, two decisions must be made under sections 125A.03 to 
  7.16  125A.24 and 125A.65. 
  7.17     (1) It must be decided by the individual education planning 
  7.18  team that education in regular or special education classes in 
  7.19  the pupil's district of residence cannot be achieved 
  7.20  satisfactorily because of the nature and severity of the 
  7.21  deafness or blindness or visual impairment respectively. 
  7.22     (2) It must be decided by the individual education planning 
  7.23  team that the academy provides the most appropriate placement 
  7.24  within the least restrictive alternative for the pupil.  
  7.25     (b) A deaf or hard of hearing child or a visually impaired 
  7.26  pupil may be admitted to get socialization skills or on a 
  7.27  short-term basis for skills development.  
  7.28     Sec. 11.  Minnesota Statutes 1998, section 125A.69, 
  7.29  subdivision 3, is amended to read: 
  7.30     Subd. 3.  [OUT-OF-STATE ADMISSIONS.] An applicant from 
  7.31  another state who can benefit from attending either academy may 
  7.32  be admitted to the academy if the admission does not prevent an 
  7.33  eligible Minnesota resident from being admitted.  The state 
  7.34  board of education board of the Minnesota state academies must 
  7.35  obtain reimbursement from the other state for the costs of the 
  7.36  out-of-state admission.  The state board may enter into an 
  8.1   agreement with the appropriate authority in the other state for 
  8.2   the reimbursement.  Money received from another state must be 
  8.3   deposited in the general fund and credited to the general 
  8.4   operating account of the academies.  The money is appropriated 
  8.5   to the academies. 
  8.6      Sec. 12.  Minnesota Statutes 1998, section 125A.70, 
  8.7   subdivision 2, is amended to read: 
  8.8      Subd. 2.  [LOCAL SOCIAL SERVICES AGENCY.] If the person 
  8.9   liable for support of a pupil cannot support the pupil, the 
  8.10  local social services agency of the county of the pupil's 
  8.11  residence must do so.  The commissioner of children, families, 
  8.12  and learning must decide how much the local social services 
  8.13  agency must pay.  The board of the Faribault Minnesota state 
  8.14  academies must adopt rules that tell how the commissioner is to 
  8.15  fix the amount.  The local social services agency must make the 
  8.16  payment to the superintendent of the school district of 
  8.17  residence.  
  8.18     Sec. 13.  Minnesota Statutes 1998, section 125A.71, 
  8.19  subdivision 3, is amended to read: 
  8.20     Subd. 3.  [CONTRACTS; FEES; APPROPRIATION.] The state board 
  8.21  of the Minnesota state academies may enter into agreements for 
  8.22  the academies to provide respite care and supplemental 
  8.23  educational instruction and services including assessments and 
  8.24  counseling.  The agreements may be made with public or private 
  8.25  agencies or institutions, school districts, service 
  8.26  cooperatives, or counties.  The board may authorize the 
  8.27  academies to provide conferences, seminars, nondistrict and 
  8.28  district requested technical assistance, and production of 
  8.29  instructionally related materials. 
  8.30     Sec. 14.  Minnesota Statutes 1998, section 125A.72, is 
  8.31  amended to read: 
  8.32     125A.72 [STUDENT ACTIVITIES ACCOUNT.] 
  8.33     Subdivision 1.  [STUDENT ACTIVITIES; RECEIPTS; 
  8.34  APPROPRIATION.] All receipts of any kind generated to operate 
  8.35  student activities, including student fees, donations and 
  8.36  contributions, and gate receipts must be deposited in the state 
  9.1   treasury.  The receipts are appropriated annually to the 
  9.2   residential Minnesota state academies for student activities 
  9.3   purposes.  They are not subject to budgetary control by the 
  9.4   commissioner of finance. 
  9.5      Subd. 2.  [TO STUDENT ACTIVITIES ACCOUNT.] The money 
  9.6   appropriated in subdivision 1 to the residential Minnesota state 
  9.7   academies for student activities must be credited to a Faribault 
  9.8   Minnesota state academies' student activities account and may be 
  9.9   spent only for Faribault Minnesota state academies' student 
  9.10  activities purposes. 
  9.11     Subd. 3.  [CARRYOVER.] An unexpended balance in the 
  9.12  Faribault Minnesota state academies' student activities account 
  9.13  may be carried over from the first fiscal year of the biennium 
  9.14  into the second fiscal year of the biennium and from one 
  9.15  biennium to the next.  The amount carried over must not be taken 
  9.16  into account in determining state appropriations and must not be 
  9.17  deducted from a later appropriation. 
  9.18     Subd. 4.  [MONEY FROM CERTAIN STUDENT ACTIVITIES 
  9.19  SPECIFICALLY INCLUDED AMONG RECEIPTS.] Any money generated by 
  9.20  a Faribault Minnesota state academies' student activity that 
  9.21  involves:  
  9.22     (1) state employees who are receiving compensation for 
  9.23  their involvement with the activity; 
  9.24     (2) the use of state facilities; or 
  9.25     (3) money raised for student activities in the name of the 
  9.26  residential Minnesota state academies 
  9.27  is specifically included among the kinds of receipts that are 
  9.28  described in subdivision 1. 
  9.29     Sec. 15.  Minnesota Statutes 1998, section 125A.73, is 
  9.30  amended to read: 
  9.31     125A.73 [DUTIES OF STATE DEPARTMENTS.] 
  9.32     Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
  9.33  LEARNING.] The department of children, families, and learning 
  9.34  must assist the board of the Faribault Minnesota state academies 
  9.35  in preparing reports on the academies.  
  9.36     Subd. 2.  [DEPARTMENT OF EMPLOYEE RELATIONS.] The 
 10.1   department of employee relations, in cooperation with the board 
 10.2   of the Faribault Minnesota state academies, must develop a 
 10.3   statement of necessary qualifications and skills for all staff 
 10.4   members of the academies. 
 10.5      Sec. 16.  [APPROPRIATION.] 
 10.6      $15,000 in fiscal year 2000 and $15,000 in fiscal year 2001 
 10.7   are appropriated from the general fund to the commissioner of 
 10.8   children, families, and learning for the Minnesota state 
 10.9   academies for the cost of holding board meetings in Faribault.