1.1                          A bill for an act 
  1.2             relating to education; providing for family and early 
  1.3             childhood education, children and family support 
  1.4             programs, prevention, and self-sufficiency and 
  1.5             lifelong learning; providing for kindergarten through 
  1.6             grade 12 general education, education excellence, 
  1.7             special programs, facilities and technology, 
  1.8             libraries; and advisory committees and miscellaneous 
  1.9             kindergarten through grade 12 education provisions; 
  1.10            providing for rulemaking; repealing, modifying, and 
  1.11            expanding certain provisions of the kindergarten 
  1.12            through grade 12 education code; amending Minnesota 
  1.13            Statutes 2000, sections 13.319, by adding a 
  1.14            subdivision; 13.32, subdivision 3; 13.43, by adding a 
  1.15            subdivision; 13.46, subdivision 2; 16B.616, 
  1.16            subdivision 4; 119A.05, subdivision 2; 119A.15, 
  1.17            subdivision 5a; 119A.43, subdivisions 1, 11; 119B.011, 
  1.18            subdivisions 7, 19; 119B.02, subdivision 1, by adding 
  1.19            a subdivision; 119B.26; 120A.22, subdivision 7; 
  1.20            120B.11, subdivision 5; 120B.22, subdivision 1; 
  1.21            120B.30, subdivision 1; 121A.06; 121A.11, subdivision 
  1.22            1; 121A.15; 121A.26; 121A.27; 121A.28; 121A.29, 
  1.23            subdivision 1; 121A.32, subdivision 1; 121A.34; 
  1.24            121A.55; 121A.69, subdivision 3; 122A.09, subdivision 
  1.25            6; 122A.15; 122A.22; 122A.24, subdivision 3; 122A.25, 
  1.26            by adding a subdivision; 122A.31, subdivision 2; 
  1.27            122A.40, subdivisions 5, 8, 19; 122A.41, subdivisions 
  1.28            7, 13, 15, by adding a subdivision; 122A.51; 122A.58, 
  1.29            subdivision 1; 122A.60, subdivision 1; 122A.64; 
  1.30            122A.68, subdivisions 1, 7; 122A.69; 122A.70, 
  1.31            subdivision 2; 122A.91; 122A.92; 123A.06, subdivision 
  1.32            1; 123A.442, subdivision 2; 123B.02, subdivisions 1, 
  1.33            2, 3; 123B.04, subdivisions 2, 5; 123B.09, subdivision 
  1.34            8; 123B.143, subdivision 1; 123B.147; 123B.36, 
  1.35            subdivision 1; 123B.42, subdivision 3; 123B.43; 
  1.36            123B.44, subdivision 6; 123B.445; 123B.49, subdivision 
  1.37            1; 123B.51, subdivisions 1, 5; 123B.71, subdivisions 
  1.38            1, 4, 8, 9; 123B.73, subdivision 1; 123B.75, 
  1.39            subdivision 5, by adding a subdivision; 123B.83, 
  1.40            subdivision 1; 123B.90, subdivision 2; 123B.91, 
  1.41            subdivision 1; 124D.02, subdivision 1; 124D.03, 
  1.42            subdivisions 3, 4; 124D.09, subdivisions 5, 6, 7, 12; 
  1.43            124D.10, subdivisions 1, 4, 6, 8, 15, 19; 124D.115, 
  1.44            subdivision 3; 124D.118, subdivisions 2, 3; 124D.28, 
  1.45            subdivision 1; 124D.30, subdivision 3; 124D.35; 
  1.46            124D.37; 124D.40, subdivision 2; 124D.41; 124D.42, 
  2.1             subdivision 7; 124D.46, subdivision 1; 124D.47, 
  2.2             subdivision 2; 124D.49, subdivision 3; 124D.50, 
  2.3             subdivisions 2, 3; 124D.59, subdivision 2; 124D.65, 
  2.4             subdivision 6; 124D.74, subdivision 1; 124D.80, 
  2.5             subdivisions 1, 2, 3; 124D.84, subdivision 1; 124D.88, 
  2.6             subdivision 2; 124D.892; 124D.894; 124D.94, 
  2.7             subdivisions 2, 4; 125A.023, subdivision 4; 125A.027, 
  2.8             by adding a subdivision; 125A.09, subdivision 11; 
  2.9             125A.11, subdivision 3; 125A.27, subdivision 15; 
  2.10            125A.28; 125A.515; 125A.76, subdivisions 1, 2; 
  2.11            125B.05, subdivisions 1, 2; 125B.20, subdivisions 1, 
  2.12            4; 126C.05, subdivision 1; 126C.10, subdivisions 1, 9; 
  2.13            126C.17, subdivisions 1, 6, 9, 10, 11; 126C.23, 
  2.14            subdivision 5; 126C.31; 126C.41, subdivision 3; 
  2.15            126C.43, subdivision 3; 126C.48, subdivision 8; 
  2.16            127A.05, subdivisions 1, 3; 127A.06; 127A.30; 127A.41, 
  2.17            subdivisions 5, 7; 127A.42; 127A.50, subdivision 2; 
  2.18            129C.10, subdivision 3; 134.31, subdivision 5; 
  2.19            179A.20, subdivision 3; 256.045, subdivision 3b; 
  2.20            626.556, subdivisions 2, 3, 4, 7, 10, 10b, 10d, 10e, 
  2.21            10i, 10j, 11; Laws 2000, chapter 489, article 2, 
  2.22            section 39, subdivision 2; Laws 2000, chapter 489, 
  2.23            article 3, section 25, subdivision 5; proposing coding 
  2.24            for new law in Minnesota Statutes, chapter 122A; 
  2.25            repealing Minnesota Statutes 2000, sections 119A.43, 
  2.26            subdivision 6; 120B.10; 120B.11, subdivisions 3, 4, 7; 
  2.27            120B.24; 121A.03, subdivision 3; 121A.16; 121A.32, 
  2.28            subdivisions 2, 4, 5; 121A.41, subdivision 3; 122A.19, 
  2.29            subdivision 2; 122A.32; 122A.33; 122A.40, subdivision 
  2.30            6; 122A.42; 122A.52; 122A.53; 122A.71; 122A.72; 
  2.31            122A.75; 123A.06, subdivision 3; 123A.07; 123A.15, 
  2.32            subdivision 1; 123A.35; 123A.36; 123A.37; 123A.38; 
  2.33            123A.39, subdivisions 1, 2, 4; 123A.40; 123A.41, 
  2.34            subdivisions 1, 4; 123A.43; 123B.02, subdivisions 5, 
  2.35            6, 9, 10, 11, 13, 16; 123B.04, subdivision 4; 123B.11; 
  2.36            123B.15; 123B.16; 123B.17; 123B.18; 123B.19; 123B.40; 
  2.37            123B.51, subdivisions 2, 3, 4; 123B.71, subdivisions 
  2.38            3, 10; 123B.744; 123B.84; 123B.87; 123B.88, 
  2.39            subdivisions 11, 12, 13, 18, 20, 21, 22; 123B.93; 
  2.40            123B.95, subdivision 3; 124D.02, subdivisions 2, 3, 4; 
  2.41            124D.06; 124D.07; 124D.081, subdivision 1; 124D.09, 
  2.42            subdivisions 2, 8, 25, 26; 124D.10, subdivision 13; 
  2.43            124D.115, subdivisions 1, 2; 124D.118, subdivision 1; 
  2.44            124D.12; 124D.121; 124D.122; 124D.123; 124D.124; 
  2.45            124D.125; 124D.126; 124D.127; 124D.128, subdivisions 
  2.46            1, 3, 5, 6; 124D.23, subdivision 9; 124D.31; 124D.34, 
  2.47            subdivision 5; 124D.43; 124D.46, subdivision 3; 
  2.48            124D.47, subdivision 1; 124D.50, subdivisions 1, 2, 3; 
  2.49            124D.60, subdivision 3; 124D.65, subdivisions 8, 9, 
  2.50            10; 124D.68, subdivision 1; 124D.72; 124D.81, 
  2.51            subdivision 7; 124D.88, subdivision 1; 124D.895; 
  2.52            124D.90, subdivision 5; 124D.91; 124D.92; 124D.93; 
  2.53            125B.02; 125B.07, subdivisions 1, 3, 5; 125B.09; 
  2.54            125B.11; 126C.01, subdivision 10; 126C.10, 
  2.55            subdivisions 12, 23; 126C.16, subdivision 2; 126C.17, 
  2.56            subdivision 12; 126C.18; 126C.22; 126C.42, 
  2.57            subdivisions 2, 3; 126C.47; 127A.05, subdivision 5; 
  2.58            127A.41, subdivision 4; 127A.44; Minnesota Rules, 
  2.59            parts 3501.0280, subpart 3; 3505.4300; 3520.0400; 
  2.60            3530.2610; 3530.2612; 3530.2614; 3530.2616; 3530.2618; 
  2.61            3530.2620; 3530.2622; 3530.2624; 3530.2626; 3530.2628; 
  2.62            3530.2630; 3530.2632; 3530.2634; 3530.2636; 3530.2638; 
  2.63            3530.2640; 3530.2642; 3530.2644; 3545.0600; 3545.0700; 
  2.64            3545.0800; 3545.0900; 3550.0100. 
  2.65  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.66                             ARTICLE 1 
  2.67                      EARLY CHILDREN PROGRAMS
  3.1      Section 1.  Minnesota Statutes 2000, section 119A.05, 
  3.2   subdivision 2, is amended to read: 
  3.3      Subd. 2.  [ACCOUNT.] A consolidated funding account is 
  3.4   established under the control of the commissioner of children, 
  3.5   families, and learning.  The purpose of this account is to 
  3.6   clearly identify and provide accountability for funds previously 
  3.7   distributed to local grantees through the individual categorical 
  3.8   grant programs in subdivision 5.  By direction of the 
  3.9   commissioner, after consultation with the partnership planning 
  3.10  team and, Upon a finding that the conditions specified in this 
  3.11  section have been satisfied, the commissioner shall direct that 
  3.12  funds must be transmitted to this account and allocated to local 
  3.13  grantees by the commissioner. 
  3.14     Sec. 2.  Minnesota Statutes 2000, section 119A.43, 
  3.15  subdivision 11, is amended to read: 
  3.16     Subd. 11.  [AUTHORITY TO WAIVE REQUIREMENTS DURING DISASTER 
  3.17  PERIODS.] The commissioner may waive requirements under this 
  3.18  section for up to nine months after the disaster for grantees in 
  3.19  areas where a federal disaster has been declared under United 
  3.20  States Code, title 42, section 5121, et seq., or the governor 
  3.21  has exercised authority under chapter 12.  The commissioner 
  3.22  shall notify the chairs of the senate family and early childhood 
  3.23  education budget division, the senate education finance 
  3.24  committee, the house family and early childhood education 
  3.25  finance division, the house education committee, and the house 
  3.26  ways and means committee the appropriate legislative committees 
  3.27  ten days before the effective date of any waiver granted under 
  3.28  this section. 
  3.29     Sec. 3.  Minnesota Statutes 2000, section 119B.011, 
  3.30  subdivision 7, is amended to read: 
  3.31     Subd. 7.  [CHILD CARE SERVICES.] "Child care services" 
  3.32  means child care as defined under subdivision 5, provided in 
  3.33  family day care homes, group day care homes, nursery schools, 
  3.34  day nurseries, child day care centers, head start, and extended 
  3.35  day school age child care programs in or out of the child's home.
  3.36     Sec. 4.  Minnesota Statutes 2000, section 119B.011, 
  4.1   subdivision 19, is amended to read: 
  4.2      Subd. 19.  [PROVIDER.] "Provider" means a child care 
  4.3   license holder who operates a family child care home, a group 
  4.4   family child care home, a child care center, a nursery school, a 
  4.5   day nursery, a school age care program; a license-exempt school 
  4.6   age care program operating under the auspices of a local school 
  4.7   board or a park or recreation board of a city of the first class 
  4.8   that has adopted school age care guidelines which meet or exceed 
  4.9   guidelines recommended by the department, or a nonlicensed an 
  4.10  individual or child care center or facility either licensed or 
  4.11  unlicensed providing legal child care services as defined under 
  4.12  section 245A.03.  A legally unlicensed registered family child 
  4.13  care provider who is must be at least 18 years of age, and who 
  4.14  is not a member of the MFIP assistance unit or a member of the 
  4.15  family receiving child care assistance under this chapter.  
  4.16     Sec. 5.  Minnesota Statutes 2000, section 119B.02, 
  4.17  subdivision 1, is amended to read: 
  4.18     Subdivision 1.  [CHILD CARE SERVICES.] The commissioner 
  4.19  shall develop standards for county and human services boards to 
  4.20  provide child care services to enable eligible families to 
  4.21  participate in employment, training, or education programs.  
  4.22  Within the limits of available appropriations, the commissioner 
  4.23  shall distribute money to counties to reduce the costs of child 
  4.24  care for eligible families.  The commissioner shall adopt rules 
  4.25  to govern the program in accordance with this section.  The 
  4.26  rules must establish a sliding schedule of fees for parents 
  4.27  receiving child care services.  The rules shall provide that 
  4.28  funds received as a lump sum payment of child support arrearages 
  4.29  shall not be counted as income to a family in the month received 
  4.30  but shall be prorated over the 12 months following receipt and 
  4.31  added to the family income during those months.  In the rules 
  4.32  adopted under this section, county and human services boards 
  4.33  shall be authorized to establish policies for payment of child 
  4.34  care spaces for absent children, when the payment is required by 
  4.35  the child's regular provider.  The rules shall not set a maximum 
  4.36  number of days for which absence payments can be made, but 
  5.1   instead shall direct the county agency to set limits and pay for 
  5.2   absences according to the prevailing market practice in the 
  5.3   county.  County policies for payment of absences shall be 
  5.4   subject to the approval of the commissioner.  The commissioner 
  5.5   shall maximize the use of federal money under title I and title 
  5.6   IV of Public Law Number 104-193, the Personal Responsibility and 
  5.7   Work Opportunity Reconciliation Act of 1996, and other programs 
  5.8   that provide federal or state reimbursement for child care 
  5.9   services for low-income families who are in education, training, 
  5.10  job search, or other activities allowed under those programs.  
  5.11  Money appropriated under this section must be coordinated with 
  5.12  the programs that provide federal reimbursement for child care 
  5.13  services to accomplish this purpose.  Federal reimbursement 
  5.14  obtained must be allocated to the county that spent money for 
  5.15  child care that is federally reimbursable under programs that 
  5.16  provide federal reimbursement for child care services.  The 
  5.17  counties shall use the federal money to expand child care 
  5.18  services.  The commissioner may adopt rules under chapter 14 to 
  5.19  implement and coordinate federal program requirements. 
  5.20     Sec. 6.  Minnesota Statutes 2000, section 119B.26, is 
  5.21  amended to read: 
  5.22     119B.26 [AUTHORITY TO WAIVE REQUIREMENTS DURING DISASTER 
  5.23  PERIODS.] 
  5.24     The commissioner may waive requirements under this chapter 
  5.25  for up to nine months after the disaster in areas where a 
  5.26  federal disaster has been declared under United States Code, 
  5.27  title 42, section 5121, et seq., or the governor has exercised 
  5.28  authority under chapter 12.  The commissioner shall notify the 
  5.29  chairs of the senate family and early childhood education budget 
  5.30  division, the senate education finance committee, the house 
  5.31  family and early childhood education finance division, the house 
  5.32  education committee, and the house ways and means committee the 
  5.33  appropriate legislative committees ten days before the effective 
  5.34  date of any waiver granted under this section. 
  5.35     Sec. 7.  Minnesota Statutes 2000, section 125A.28, is 
  5.36  amended to read: 
  6.1      125A.28 [STATE INTERAGENCY COORDINATING COUNCIL.] 
  6.2      An interagency coordinating council of at least 17, but not 
  6.3   more than 25 members is established, in compliance with Public 
  6.4   Law Number 102-119, section 682.  The members must be appointed 
  6.5   by the governor.  Council members must elect the council chair.  
  6.6   The representative of the commissioner may not serve as the 
  6.7   chair.  The council must be composed of at least five parents, 
  6.8   including persons of color, of children with disabilities under 
  6.9   age 12, including at least three parents of a child with a 
  6.10  disability under age seven, five representatives of public or 
  6.11  private providers of services for children with disabilities 
  6.12  under age five, including a special education director, county 
  6.13  social service director, local Head Start director, and a 
  6.14  community health services or public health nursing 
  6.15  administrator, one member of the senate, one member of the house 
  6.16  of representatives, one representative of teacher preparation 
  6.17  programs in early childhood-special education or other 
  6.18  preparation programs in early childhood intervention, at least 
  6.19  one representative of advocacy organizations for children with 
  6.20  disabilities under age five, one physician who cares for young 
  6.21  children with special health care needs, one representative each 
  6.22  from the commissioners of commerce, children, families, and 
  6.23  learning, health, human services, a representative from the 
  6.24  state agency responsible for child care, and a representative 
  6.25  from Indian health services or a tribal council.  Section 
  6.26  15.059, subdivisions 2 to 5, apply to the council.  The council 
  6.27  must meet at least quarterly.  
  6.28     The council must address methods of implementing the state 
  6.29  policy of developing and implementing comprehensive, 
  6.30  coordinated, multidisciplinary interagency programs of early 
  6.31  intervention services for children with disabilities and their 
  6.32  families. 
  6.33     The duties of the council include recommending policies to 
  6.34  ensure a comprehensive and coordinated system of all state and 
  6.35  local agency services for children under age five with 
  6.36  disabilities and their families.  The policies must address how 
  7.1   to incorporate each agency's services into a unified state and 
  7.2   local system of multidisciplinary assessment practices, 
  7.3   individual intervention plans, comprehensive systems to find 
  7.4   children in need of services, methods to improve public 
  7.5   awareness, and assistance in determining the role of interagency 
  7.6   early intervention committees.  
  7.7      By June September 1, the council must recommend to the 
  7.8   governor and the commissioners of children, families, and 
  7.9   learning, health, human services, commerce, and economic 
  7.10  security policies for a comprehensive and coordinated system. 
  7.11     Notwithstanding any other law to the contrary, the state 
  7.12  interagency coordinating council expires on June 30, 2001 2003.  
  7.13     Sec. 8.  [FINANCIAL ASSISTANCE FOR COMMUNITY ACTION 
  7.14  AGENCIES; RULES.] 
  7.15     The commissioner of children, families, and learning may 
  7.16  adopt rules consistent with chapter 14 to allow community action 
  7.17  agencies, Indian reservations, and migrant and seasonal 
  7.18  farmworker organizations to meet their statutory 
  7.19  responsibilities under Minnesota Statutes, section 119A.374. 
  7.20                             ARTICLE 2 
  7.21               SELF-SUFFICIENCY AND LIFELONG LEARNING 
  7.22     Section 1.  Minnesota Statutes 2000, section 119A.15, 
  7.23  subdivision 5a, is amended to read: 
  7.24     Subd. 5a.  [EXCLUDED PROGRAMS.] Programs transferred to the 
  7.25  department of children, families, and learning from the 
  7.26  department of economic security may not be included in the 
  7.27  consolidated funding account and are ineligible for local 
  7.28  consolidation.  The commissioner may not apply for federal 
  7.29  waivers to include these programs in funding consolidation 
  7.30  initiatives.  The programs include the following: 
  7.31     (1) programs for the homeless under sections 119A.43 and 
  7.32  268.365; 
  7.33     (2) emergency energy assistance and energy conservation 
  7.34  programs under sections 119A.40 and 119A.42; 
  7.35     (3) weatherization programs under section 119A.41; 
  7.36     (4) foodshelf programs under section 119A.44 and the 
  8.1   emergency food assistance program; and 
  8.2      (5) (3) lead abatement programs under section 119A.45. 
  8.3      Sec. 2.  Minnesota Statutes 2000, section 119A.43, 
  8.4   subdivision 1, is amended to read: 
  8.5      Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  8.6   subdivision apply to this section. 
  8.7      (b) "Transitional housing" means housing designed for 
  8.8   independent living and provided to a homeless person or family 
  8.9   at a rental rate of at least 25 percent of the family 
  8.10  income and, for 50 percent of program participants, the length 
  8.11  of stay is limited to a period of up to 24 months.  If a 
  8.12  transitional housing program is associated with a licensed 
  8.13  facility or shelter, it must be located in a separate facility 
  8.14  or a specified section of the main facility where residents can 
  8.15  be responsible for their own meals and other daily needs.  
  8.16     (c) "Support services" means an assessment service that 
  8.17  identifies the needs of individuals for independent living and 
  8.18  arranges or provides for the appropriate educational, social, 
  8.19  legal, advocacy, child care, employment, financial, health care, 
  8.20  or information and referral services to meet these needs. 
  8.21     Sec. 3.  [REPEALER.] 
  8.22     Minnesota Statutes 2000, section 119A.43, subdivision 6, is 
  8.23  repealed. 
  8.24                             ARTICLE 3 
  8.25                         GENERAL EDUCATION 
  8.26     Section 1.  Minnesota Statutes 2000, section 123B.143, 
  8.27  subdivision 1, is amended to read: 
  8.28     Subdivision 1.  [CONTRACT; DUTIES.] All districts 
  8.29  maintaining a classified secondary school must employ a 
  8.30  superintendent who shall be an ex officio nonvoting member of 
  8.31  the school board.  The authority for selection and employment of 
  8.32  a superintendent must be vested in the board in all cases.  An 
  8.33  individual employed by a board as a superintendent shall have an 
  8.34  initial employment contract for a period of time no longer than 
  8.35  three years from the date of employment.  Any subsequent 
  8.36  employment contract must not exceed a period of three years.  A 
  9.1   board, at its discretion, may or may not renew an employment 
  9.2   contract.  A board must not, by action or inaction, extend the 
  9.3   duration of an existing employment contract.  Beginning 365 days 
  9.4   prior to the expiration date of an existing employment contract, 
  9.5   a board may negotiate and enter into a subsequent employment 
  9.6   contract to take effect upon the expiration of the existing 
  9.7   contract.  A subsequent contract must be contingent upon the 
  9.8   employee completing the terms of an existing contract.  If a 
  9.9   contract between a board and a superintendent is terminated 
  9.10  prior to the date specified in the contract, the board may not 
  9.11  enter into another superintendent contract with that same 
  9.12  individual that has a term that extends beyond the date 
  9.13  specified in the terminated contract.  A board may terminate a 
  9.14  superintendent during the term of an employment contract for any 
  9.15  of the grounds specified in section 122A.40, subdivision 9 or 13.
  9.16  A superintendent shall not rely upon an employment contract with 
  9.17  a board to assert any other continuing contract rights in the 
  9.18  position of superintendent under section 122A.40.  
  9.19  Notwithstanding the provisions of sections 122A.40, subdivision 
  9.20  10 or 11, 123A.32, 123A.75, or any other law to the contrary, no 
  9.21  individual shall have a right to employment as a superintendent 
  9.22  based on order of employment in any district.  If two or more 
  9.23  districts enter into an agreement for the purchase or sharing of 
  9.24  the services of a superintendent, the contracting districts have 
  9.25  the absolute right to select one of the individuals employed to 
  9.26  serve as superintendent in one of the contracting districts and 
  9.27  no individual has a right to employment as the superintendent to 
  9.28  provide all or part of the services based on order of employment 
  9.29  in a contracting district. The superintendent of a district 
  9.30  shall perform the following:  
  9.31     (1) visit and supervise the schools in the district, report 
  9.32  and make recommendations about their condition when advisable or 
  9.33  on request by the board; 
  9.34     (2) recommend to the board employment and dismissal of 
  9.35  teachers; 
  9.36     (3) superintend school grading practices and examinations 
 10.1   for promotions; 
 10.2      (4) make reports required by the commissioner; 
 10.3      (5) by January 10, submit an annual report to the 
 10.4   commissioner in a manner prescribed by the commissioner, in 
 10.5   consultation with school districts, identifying the expenditures 
 10.6   that the district requires to ensure an 80 percent and a 90 
 10.7   percent student passage rate on the basic standards test taken 
 10.8   in the eighth grade, identifying the highest student passage 
 10.9   rate the district expects it will be able to attain on the basic 
 10.10  standards test by grade 12, the amount of expenditures that the 
 10.11  district requires to ensure a 99 percent attain the targeted 
 10.12  student passage rate on the basic standards test by 12th grade, 
 10.13  and how much the district is cross-subsidizing programs with 
 10.14  special education, basic skills, and general education revenue; 
 10.15  and 
 10.16     (6) perform other duties prescribed by the board. 
 10.17     Sec. 2.  Minnesota Statutes 2000, section 123B.42, 
 10.18  subdivision 3, is amended to read: 
 10.19     Subd. 3.  [COST; LIMITATION.] (a) The cost per pupil of the 
 10.20  textbooks, individualized instructional or cooperative learning 
 10.21  materials, and standardized tests provided for in this section 
 10.22  for each school year must not exceed the statewide average 
 10.23  expenditure per pupil, adjusted pursuant to clause (b), by the 
 10.24  Minnesota public elementary and secondary schools for textbooks, 
 10.25  individualized instructional materials and standardized tests as 
 10.26  computed and established by the department by March February 1 
 10.27  of the preceding school year from the most recent public school 
 10.28  year data then available. 
 10.29     (b) The cost computed in clause (a) shall be increased by 
 10.30  an inflation adjustment equal to the percent of increase in the 
 10.31  formula allowance, pursuant to section 126C.10, subdivision 2, 
 10.32  from the second preceding school year to the current school year.
 10.33     (c) The commissioner shall allot to the districts or 
 10.34  intermediary service areas the total cost for each school year 
 10.35  of providing or loaning the textbooks, individualized 
 10.36  instructional or cooperative learning materials, and 
 11.1   standardized tests for the pupils in each nonpublic school.  The 
 11.2   allotment shall not exceed the product of the statewide average 
 11.3   expenditure per pupil, according to clause (a), adjusted 
 11.4   pursuant to clause (b), multiplied by the number of nonpublic 
 11.5   school pupils who make requests pursuant to this section and who 
 11.6   are enrolled as of September 15 of the current school year. 
 11.7      Sec. 3.  Minnesota Statutes 2000, section 123B.44, 
 11.8   subdivision 6, is amended to read: 
 11.9      Subd. 6.  [COMPUTATION OF MAXIMUM ALLOTMENTS.] For purposes 
 11.10  of computing maximum allotments for each school year pursuant to 
 11.11  this section, the average public school expenditure per pupil 
 11.12  for health services and the average public school expenditure 
 11.13  per secondary pupil for guidance and counseling services shall 
 11.14  be computed and established by the department by March February 
 11.15  1 of the preceding school year from the most recent public 
 11.16  school year data then available. 
 11.17     Sec. 4.  Minnesota Statutes 2000, section 123B.75, 
 11.18  subdivision 5, is amended to read: 
 11.19     Subd. 5.  [LEVY RECOGNITION.] (a) "School district tax 
 11.20  settlement revenue" means the current, delinquent, and 
 11.21  manufactured home property tax receipts collected by the county 
 11.22  and distributed to the school district. 
 11.23     (b) In June of each year 2001, the school district must 
 11.24  recognize as revenue, in the fund for which the levy was made, 
 11.25  the lesser of:  
 11.26     (1) the sum of May, June, and July school district tax 
 11.27  settlement revenue received in that calendar year plus general 
 11.28  education aid according to section 126C.13, subdivision 4, 
 11.29  received in July and August of that calendar year; or 
 11.30     (2) the sum of: 
 11.31     (i) 31 percent of the referendum levy certified in the 
 11.32  prior calendar year according to section 126C.17, subdivision 9; 
 11.33  plus 
 11.34     (ii) the entire amount of the levy certified in the prior 
 11.35  calendar year according to sections 124D.86, subdivision 4, for 
 11.36  school districts receiving revenue under 124D.86, subdivision 3, 
 12.1   clauses (1), (2), and (3); 126C.41, subdivisions 1, 2, and 3, 
 12.2   paragraphs (4), (5), and (6); 126C.43, subdivision 2; and 
 12.3   126C.48, subdivision 6.  
 12.4      (c) For fiscal year 2002 and later years, in June of each 
 12.5   year, the school district must recognize as revenue, in the fund 
 12.6   for which the levy was made, the lesser of: 
 12.7      (1) the sum of May, June, and July school district tax 
 12.8   settlement revenue received in that calendar year, plus general 
 12.9   education aid according to section 126C.13, subdivision 4, 
 12.10  received in July and August of that calendar year; or 
 12.11     (2) the sum of: 
 12.12     (i) the lesser of 50 percent of the referendum levy 
 12.13  certified in the prior calendar year according to section 
 12.14  126C.17, subdivision 9; or 31 percent of the referendum levy 
 12.15  certified according to section 126C.17, in calendar year 2000; 
 12.16  plus 
 12.17     (ii) the entire amount of the levy certified in the prior 
 12.18  calendar year according to sections 124D.86, subdivision 4, for 
 12.19  school districts receiving revenue under sections 124D.86, 
 12.20  subdivision 3, clauses (1), (2), and (3); 126C.41, subdivisions 
 12.21  1, 2, and 3, paragraphs (4), (5), and (6); 126C.43, subdivision 
 12.22  2; and 126C.48, subdivision 6. 
 12.23     <b>[EFFECTIVE DATE.]</b> This section is effective June 30, 2001. 
 12.24     Sec. 5.  Minnesota Statutes 2000, section 123B.75, is 
 12.25  amended by adding a subdivision to read: 
 12.26     Subd. 6b.  [GENERAL EDUCATION AID.] If the amount to be 
 12.27  recognized as revenue under subdivision 5 exceeds the May, June, 
 12.28  and July school district tax settlement revenue received in that 
 12.29  calendar year, the district must recognize an amount of general 
 12.30  education aid equal to the difference between the total amount 
 12.31  to be recognized as revenue under subdivision 5, and the May, 
 12.32  June, and July school district tax settlement revenue received 
 12.33  in that calendar year as revenue in the previous fiscal year. 
 12.34     <b>[EFFECTIVE DATE.]</b> This section is effective June 30, 2001. 
 12.35     Sec. 6.  Minnesota Statutes 2000, section 126C.05, 
 12.36  subdivision 1, is amended to read: 
 13.1      Subdivision 1.  [PUPIL UNIT.] Pupil units for each 
 13.2   Minnesota resident pupil in average daily membership enrolled in 
 13.3   the district of residence, in another district under sections 
 13.4   123A.05 to 123A.08, 124D.03, 124D.06, 124D.07, 124D.08, or 
 13.5   124D.68; in a charter school under section 124D.10; or for whom 
 13.6   the resident district pays tuition under section 123A.18, 
 13.7   123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88, 
 13.8   subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or 
 13.9   125A.65, shall be counted according to this subdivision.  
 13.10     (a) A prekindergarten pupil with a disability who is 
 13.11  enrolled in a program approved by the commissioner and has an 
 13.12  individual education plan is counted as the ratio of the number 
 13.13  of hours of assessment and education service to 825 times 1.25 
 13.14  with a minimum average daily membership of 0.28, but not more 
 13.15  than 1.25 pupil units. 
 13.16     (b) A prekindergarten pupil who is assessed but determined 
 13.17  not to be handicapped is counted as the ratio of the number of 
 13.18  hours of assessment service to 825 times 1.25.  
 13.19     (c) A kindergarten pupil with a disability who is enrolled 
 13.20  in a program approved by the commissioner is counted as the 
 13.21  ratio of the number of hours of assessment and education 
 13.22  services required in the fiscal year by the pupil's individual 
 13.23  education program plan to 875, but not more than one. 
 13.24     (d) A kindergarten pupil who is not included in paragraph 
 13.25  (c) is counted as .557 of a pupil unit for fiscal year 2000 and 
 13.26  thereafter. 
 13.27     (e) A pupil who is in any of grades 1 to 3 is counted as 
 13.28  1.115 pupil units for fiscal year 2000 and thereafter. 
 13.29     (f) A pupil who is any of grades 4 to 6 is counted as 1.06 
 13.30  pupil units for fiscal year 1995 and thereafter. 
 13.31     (g) A pupil who is in any of grades 7 to 12 is counted as 
 13.32  1.3 pupil units.  
 13.33     (h) A pupil who is in the post-secondary enrollment options 
 13.34  program is counted as 1.3 pupil units.  
 13.35     Sec. 7.  Minnesota Statutes 2000, section 126C.10, 
 13.36  subdivision 1, is amended to read: 
 14.1      Subdivision 1.  [GENERAL EDUCATION REVENUE.] For fiscal 
 14.2   year 2000 and thereafter, the general education revenue for each 
 14.3   district equals the sum of the district's basic revenue, basic 
 14.4   skills revenue, training and experience revenue, secondary 
 14.5   sparsity revenue, elementary sparsity revenue, transportation 
 14.6   sparsity revenue, total operating capital revenue, equity 
 14.7   revenue, referendum offset adjustment, transition revenue, and 
 14.8   supplemental revenue. 
 14.9      <b>[EFFECTIVE DATE.]</b> This section is effective for revenue for 
 14.10  fiscal year 2002. 
 14.11     Sec. 8.  Minnesota Statutes 2000, section 126C.10, 
 14.12  subdivision 9, is amended to read: 
 14.13     Subd. 9.  [SUPPLEMENTAL REVENUE.] (a) A district's 
 14.14  supplemental revenue allowance for fiscal year 1994 2002 and 
 14.15  later fiscal years equals the district's supplemental 
 14.16  revenue allowance for fiscal year 1993 divided by the district's 
 14.17  1992-1993 resident pupil units 2001. 
 14.18     (b) A district's supplemental revenue allowance is reduced 
 14.19  for fiscal year 1995 and later according to subdivision 12. 
 14.20     (c) A district's supplemental revenue equals the 
 14.21  supplemental revenue allowance, if any, times its adjusted 
 14.22  marginal cost pupil units for that year.  
 14.23     (d) A district may cancel its supplemental revenue by 
 14.24  notifying the commissioner of education prior to June 30, 1994.  
 14.25  A district that is reorganizing under section 123A.35, 123A.46, 
 14.26  or 123A.48 may cancel its supplemental revenue by notifying the 
 14.27  commissioner of children, families, and learning before July 1 
 14.28  of the year of the reorganization.  If a district cancels its 
 14.29  supplemental revenue according to this paragraph, its 
 14.30  supplemental revenue allowance for fiscal year 1993 for purposes 
 14.31  of subdivision 12 and section 124A.03, subdivision 3b, equals 
 14.32  zero. 
 14.33     <b>[EFFECTIVE DATE.]</b> This section is effective for revenue for 
 14.34  fiscal year 2002. 
 14.35     Sec. 9.  Minnesota Statutes 2000, section 126C.17, 
 14.36  subdivision 1, is amended to read: 
 15.1      Subdivision 1.  [REFERENDUM ALLOWANCE.] A district's 
 15.2   referendum revenue allowance equals the referendum revenue 
 15.3   authority for that year divided by its resident marginal cost 
 15.4   pupil units for that school year sum of the allowance under 
 15.5   section 126C.16, subdivision 2, plus any additional allowance 
 15.6   per resident marginal cost pupil unit authorized under 
 15.7   subdivision 9 for fiscal year 2002 and later. 
 15.8      <b>[EFFECTIVE DATE.]</b> This section is effective for revenue for 
 15.9   fiscal year 2002. 
 15.10     Sec. 10.  Minnesota Statutes 2000, section 126C.17, 
 15.11  subdivision 6, is amended to read: 
 15.12     Subd. 6.  [REFERENDUM EQUALIZATION LEVY.] (a) A district's 
 15.13  referendum equalization levy for a referendum levied against the 
 15.14  referendum market value of all taxable property as defined in 
 15.15  section 126C.01, subdivision 3, equals the district's referendum 
 15.16  equalization revenue times the lesser of one or the ratio of the 
 15.17  district's referendum market value per resident marginal cost 
 15.18  pupil unit to $476,000. 
 15.19     (b) A district's referendum equalization levy for a 
 15.20  referendum levied against the net tax capacity of all taxable 
 15.21  property equals the district's referendum equalization revenue 
 15.22  times the lesser of one or the ratio of the district's adjusted 
 15.23  net tax capacity per resident marginal cost pupil unit to $8,404.
 15.24     <b>[EFFECTIVE DATE.]</b> This section is effective for revenue for 
 15.25  fiscal year 2002. 
 15.26     Sec. 11.  Minnesota Statutes 2000, section 126C.17, 
 15.27  subdivision 9, is amended to read: 
 15.28     Subd. 9.  [REFERENDUM REVENUE.] (a) The revenue authorized 
 15.29  by section 126C.10, subdivision 1, may be increased in the 
 15.30  amount approved by the voters of the district at a referendum 
 15.31  called for the purpose.  The referendum may be called by the 
 15.32  board or shall be called by the board upon written petition of 
 15.33  qualified voters of the district.  The referendum must be 
 15.34  conducted one or two calendar years before the increased levy 
 15.35  authority, if approved, first becomes payable.  Only one 
 15.36  election to approve an increase may be held in a calendar year.  
 16.1   Unless the referendum is conducted by mail under paragraph (g), 
 16.2   the referendum must be held on the first Tuesday after the first 
 16.3   Monday in November.  The ballot must state the maximum amount of 
 16.4   the increased revenue per resident marginal cost pupil unit, the 
 16.5   estimated referendum tax rate as a percentage of referendum 
 16.6   market value in the first year it is to be levied, and that the 
 16.7   revenue must be used to finance school operations.  The ballot 
 16.8   may state a schedule, determined by the board, of increased 
 16.9   revenue per resident marginal cost pupil unit that differs from 
 16.10  year to year over the number of years for which the increased 
 16.11  revenue is authorized.  If the ballot contains a schedule 
 16.12  showing different amounts, it must also indicate the estimated 
 16.13  referendum tax rate as a percent of referendum market value for 
 16.14  the amount specified for the first year and for the maximum 
 16.15  amount specified in the schedule.  The ballot may state that 
 16.16  existing referendum levy authority is expiring.  In this case, 
 16.17  the ballot may also compare the proposed levy authority to the 
 16.18  existing expiring levy authority, and express the proposed 
 16.19  increase as the amount, if any, over the expiring referendum 
 16.20  levy authority.  The ballot must designate the specific number 
 16.21  of years, not to exceed ten, for which the referendum 
 16.22  authorization applies.  The notice required under section 275.60 
 16.23  may be modified to read, in cases of renewing existing levies: 
 16.24     "BY VOTING "YES" ON THIS BALLOT QUESTION, YOU MAY BE VOTING 
 16.25     FOR A PROPERTY TAX INCREASE." 
 16.26     The ballot may contain a textual portion with the 
 16.27  information required in this subdivision and a question stating 
 16.28  substantially the following:  
 16.29     "Shall the increase in the revenue proposed by (petition 
 16.30  to) the board of ........., School District No. .., be approved?"
 16.31     If approved, an amount equal to the approved revenue per 
 16.32  resident marginal cost pupil unit times the resident marginal 
 16.33  cost pupil units for the school year beginning in the year after 
 16.34  the levy is certified shall be authorized for certification for 
 16.35  the number of years approved, if applicable, or until revoked or 
 16.36  reduced by the voters of the district at a subsequent referendum.
 17.1      (b) The board must prepare and deliver by first class mail 
 17.2   at least 15 days but no more than 30 days before the day of the 
 17.3   referendum to each taxpayer a notice of the referendum and the 
 17.4   proposed revenue increase.  The board need not mail more than 
 17.5   one notice to any taxpayer.  For the purpose of giving mailed 
 17.6   notice under this subdivision, owners must be those shown to be 
 17.7   owners on the records of the county auditor or, in any county 
 17.8   where tax statements are mailed by the county treasurer, on the 
 17.9   records of the county treasurer.  Every property owner whose 
 17.10  name does not appear on the records of the county auditor or the 
 17.11  county treasurer is deemed to have waived this mailed notice 
 17.12  unless the owner has requested in writing that the county 
 17.13  auditor or county treasurer, as the case may be, include the 
 17.14  name on the records for this purpose.  The notice must project 
 17.15  the anticipated amount of tax increase in annual dollars and 
 17.16  annual percentage for typical residential homesteads, 
 17.17  agricultural homesteads, apartments, and commercial-industrial 
 17.18  property within the school district. 
 17.19     The notice for a referendum may state that an existing 
 17.20  referendum levy is expiring and project the anticipated amount 
 17.21  of increase over the existing referendum levy in the first year, 
 17.22  if any, in annual dollars and annual percentage for typical 
 17.23  residential homesteads, agricultural homesteads, apartments, and 
 17.24  commercial-industrial property within the district. 
 17.25     The notice must include the following statement:  "Passage 
 17.26  of this referendum will result in an increase in your property 
 17.27  taxes."  However, in cases of renewing existing levies, the 
 17.28  notice may include the following statement:  "Passage of this 
 17.29  referendum may result in an increase in your property taxes." 
 17.30     (c) A referendum on the question of revoking or reducing 
 17.31  the increased revenue amount authorized pursuant to paragraph 
 17.32  (a) may be called by the board and shall be called by the board 
 17.33  upon the written petition of qualified voters of the district.  
 17.34  A referendum to revoke or reduce the levy amount must be based 
 17.35  upon the dollar amount, local tax rate, or amount per resident 
 17.36  marginal cost pupil unit, that was stated to be the basis for 
 18.1   the initial authorization.  Revenue approved by the voters of 
 18.2   the district pursuant to paragraph (a) must be received at least 
 18.3   once before it is subject to a referendum on its revocation or 
 18.4   reduction for subsequent years.  Only one revocation or 
 18.5   reduction referendum may be held to revoke or reduce referendum 
 18.6   revenue for any specific year and for years thereafter. 
 18.7      (d) A petition authorized by paragraph (a) or (c) is 
 18.8   effective if signed by a number of qualified voters in excess of 
 18.9   15 percent of the registered voters of the district on the day 
 18.10  the petition is filed with the board.  A referendum invoked by 
 18.11  petition must be held on the date specified in paragraph (a). 
 18.12     (e) The approval of 50 percent plus one of those voting on 
 18.13  the question is required to pass a referendum authorized by this 
 18.14  subdivision. 
 18.15     (f) At least 15 days before the day of the referendum, the 
 18.16  district must submit a copy of the notice required under 
 18.17  paragraph (b) to the commissioner and to the county auditor of 
 18.18  each county in which the district is located.  Within 15 days 
 18.19  after the results of the referendum have been certified by the 
 18.20  board, or in the case of a recount, the certification of the 
 18.21  results of the recount by the canvassing board, the district 
 18.22  must notify the commissioner of the results of the referendum. 
 18.23     (g) Except for a referendum held under subdivision 11, any 
 18.24  referendum under this section held on a day other than the first 
 18.25  Tuesday after the first Monday in November must be conducted by 
 18.26  mail in accordance with section 204B.46.  Notwithstanding 
 18.27  paragraph (b) to the contrary, in the case of a referendum 
 18.28  conducted by mail under this paragraph, the notice required by 
 18.29  paragraph (b) must be prepared and delivered by first class mail 
 18.30  at least 20 days before the referendum. 
 18.31     Sec. 12.  Minnesota Statutes 2000, section 126C.17, 
 18.32  subdivision 10, is amended to read: 
 18.33     Subd. 10.  [SCHOOL REFERENDUM LEVY; MARKET VALUE.] 
 18.34  Notwithstanding the provisions of subdivision 9, A school 
 18.35  referendum levy approved after November 1, 1992, for taxes 
 18.36  payable in 1993 and thereafter, must be levied against the 
 19.1   referendum market value of all taxable property as defined in 
 19.2   section 126C.01, subdivision 3.  Any referendum levy amount 
 19.3   subject to the requirements of this subdivision must be 
 19.4   certified separately to the county auditor under section 275.07. 
 19.5      All other provisions of subdivision 9 that do not conflict 
 19.6   with this subdivision apply to referendum levies under this 
 19.7   subdivision.  
 19.8      <b>[EFFECTIVE DATE.]</b> This section is effective for revenue for 
 19.9   fiscal year 2002. 
 19.10     Sec. 13.  Minnesota Statutes 2000, section 126C.17, 
 19.11  subdivision 11, is amended to read: 
 19.12     Subd. 11.  [REFERENDUM DATE.] (a) Except for a referendum 
 19.13  held under paragraph (b), any referendum under this section held 
 19.14  on a day other than the first Tuesday after the first Monday in 
 19.15  November must be conducted by mail in accordance with section 
 19.16  204B.46.  Notwithstanding subdivision 9, paragraph (b), to the 
 19.17  contrary, in the case of a referendum conducted by mail under 
 19.18  this paragraph, the notice required by subdivision 9, paragraph 
 19.19  (b), must be prepared and delivered by first-class mail at least 
 19.20  20 days before the referendum. 
 19.21     (b) In addition to the referenda allowed in subdivision 9, 
 19.22  clause (a), the commissioner may authorize a referendum for a 
 19.23  different day.  
 19.24     (a) The commissioner may grant authority to a district to 
 19.25  hold a referendum on a different day if the district is in 
 19.26  statutory operating debt and has an approved plan or has 
 19.27  received an extension from the department to file a plan to 
 19.28  eliminate the statutory operating debt.  
 19.29     (b) The commissioner may grant authority for a district to 
 19.30  hold a referendum on a different day if:  (1) the district will 
 19.31  conduct a bond election under chapter 475 on that same day; and 
 19.32  (2) the proceeds of the referendum will provide only additional 
 19.33  operating revenue complementing the purpose for which bonding 
 19.34  authority is sought.  The commissioner may only grant authority 
 19.35  under this paragraph if the district demonstrates to the 
 19.36  commissioner's satisfaction that the district's ability to 
 20.1   operate the new facility or achieve efficiencies with the 
 20.2   purchases connected to the proceeds of the bond sale will be 
 20.3   significantly affected if the operating referendum is not 
 20.4   conducted until the November general election.  Authority under 
 20.5   this paragraph expires November 30, 1998. 
 20.6      (c) The commissioner must approve, deny, or modify each 
 20.7   district's request for a referendum levy on a different day 
 20.8   within 60 days of receiving the request from a district. 
 20.9      Sec. 14.  Minnesota Statutes 2000, section 126C.23, 
 20.10  subdivision 5, is amended to read: 
 20.11     Subd. 5.  [DATA REPORTING.] Each district must report to 
 20.12  the commissioner the estimated amount of general education and 
 20.13  referendum initially allocated to each building under 
 20.14  subdivision 2 and the amount of any reallocations under 
 20.15  subdivision 3 by January 30 of the current fiscal year, and the 
 20.16  actual amount of general education and referendum revenue 
 20.17  initially allocated to each building under subdivision 2 and the 
 20.18  amount of any reallocations under subdivision 3 by January 30 of 
 20.19  the next fiscal year. 
 20.20     Sec. 15.  Minnesota Statutes 2000, section 126C.41, 
 20.21  subdivision 3, is amended to read: 
 20.22     Subd. 3.  [RETIREMENT LEVIES.] (1) In addition to the 
 20.23  excess levy authorized in 1976 any district within a city of the 
 20.24  first class which was authorized in 1975 to make a retirement 
 20.25  levy under Minnesota Statutes 1974, section 275.127 and chapter 
 20.26  422A may levy an amount per pupil unit which is equal to the 
 20.27  amount levied in 1975 payable 1976, under Minnesota Statutes 
 20.28  1974, section 275.127 and chapter 422A, divided by the number of 
 20.29  pupil units in the district in 1976-1977. 
 20.30     (2) In 1979 and each year thereafter, any district which 
 20.31  qualified in 1976 for an extra levy under paragraph (1) shall be 
 20.32  allowed to levy the same amount as levied for retirement in 1978 
 20.33  under this clause reduced each year by ten percent of the 
 20.34  difference between the amount levied for retirement in 1971 
 20.35  under Minnesota Statutes 1971, sections 275.127 and 422.01 to 
 20.36  422.54 and the amount levied for retirement in 1975 under 
 21.1   Minnesota Statutes 1974, section 275.127 and chapter 422A. 
 21.2      (3) (a) In 1991 and each year thereafter, a district to 
 21.3   which this subdivision applies may levy an additional amount 
 21.4   required for contributions to the Minneapolis employees 
 21.5   retirement fund as a result of the maximum dollar amount 
 21.6   limitation on state contributions to the fund imposed under 
 21.7   section 422A.101, subdivision 3.  The additional levy must not 
 21.8   exceed the most recent amount certified by the board of the 
 21.9   Minneapolis employees retirement fund as the district's share of 
 21.10  the contribution requirement in excess of the maximum state 
 21.11  contribution under section 422A.101, subdivision 3.  
 21.12     (4) (b) For taxes payable in 1994 and thereafter, special 
 21.13  school district No. 1, Minneapolis, and independent school 
 21.14  district No. 625, St. Paul, may levy for the increase in the 
 21.15  employer retirement fund contributions, under Laws 1992, chapter 
 21.16  598, article 5, section 1.  
 21.17     (5) (c) If the employer retirement fund contributions under 
 21.18  section 354A.12, subdivision 2a, are increased for fiscal year 
 21.19  1994 or later fiscal years, special school district No. 1, 
 21.20  Minneapolis, and independent school district No. 625, St. Paul, 
 21.21  may levy in payable 1994 or later an amount equal to the amount 
 21.22  derived by applying the net increase in the employer retirement 
 21.23  fund contribution rate of the respective teacher retirement fund 
 21.24  association between fiscal year 1993 and the fiscal year 
 21.25  beginning in the year after the levy is certified to the total 
 21.26  covered payroll of the applicable teacher retirement fund 
 21.27  association.  If an applicable school district levies under this 
 21.28  paragraph, they may not levy under paragraph (4) (b). 
 21.29     (6) (d) In addition to the levy authorized under paragraph 
 21.30  (5) (c), special school district No. 1, Minneapolis, may also 
 21.31  levy payable in 1997 or later an amount equal to the 
 21.32  contributions under section 423A.02, subdivision 3, and may also 
 21.33  levy in payable 1994 or later an amount equal to the state aid 
 21.34  contribution under section 354A.12, subdivision 3b.  Independent 
 21.35  school district No. 625, St. Paul, may levy payable in 1997 or 
 21.36  later an amount equal to the supplemental contributions under 
 22.1   section 423A.02, subdivision 3.  
 22.2      Sec. 16.  Minnesota Statutes 2000, section 126C.43, 
 22.3   subdivision 3, is amended to read: 
 22.4      Subd. 3.  [TAX LEVY FOR UNPAID JUDGMENT.] A district may 
 22.5   levy the amounts necessary to pay the district's obligations 
 22.6   judgments against the district under section 126C.47 123B.25 
 22.7   that became final after the date the district certified its 
 22.8   proposed levy in the previous year.  With the approval of the 
 22.9   commissioner, a district may spread this levy over a period not 
 22.10  to exceed three years. 
 22.11     Sec. 17.  Minnesota Statutes 2000, section 127A.41, 
 22.12  subdivision 5, is amended to read: 
 22.13     Subd. 5.  [DISTRICT APPEAL OF AID REDUCTION; INSPECTION OF 
 22.14  DISTRICT SCHOOLS AND ACCOUNTS AND RECORDS.] Public schools shall 
 22.15  at all times be open to the inspection of the commissioner.  The 
 22.16  accounts and records of any district must be open to inspection 
 22.17  by the state auditor, or the commissioner for the purpose of 
 22.18  audits conducted under this section.  Each district shall keep 
 22.19  for a minimum of three years at least the following:  (1) 
 22.20  identification of the annual session days held, together with a 
 22.21  record of the length of each session day, (2) a record of each 
 22.22  pupil's daily attendance, with entrance and withdrawal dates, 
 22.23  and (3) identification of the pupils transported who are 
 22.24  reported for transportation aid to-and-from school 
 22.25  transportation category for each pupil as defined in section 
 22.26  123B.92, subdivision 1. 
 22.27     Sec. 18.  Minnesota Statutes 2000, section 127A.42, is 
 22.28  amended to read: 
 22.29     127A.42 [REDUCTION OF AID FOR VIOLATION OF LAW.] 
 22.30     Subdivision 1.  [STATE AIDS.] The amount of special state 
 22.31  aids to which a district is entitled shall be the amount 
 22.32  computed according to statutes.  The annual state aid 
 22.33  certificate made by the commissioner to the commissioner of 
 22.34  finance shall show the amount of any reductions made. 
 22.35     Subd. 2.  [VIOLATIONS OF LAW.] The commissioner shall may 
 22.36  reduce or withhold the district's special state aid for any 
 23.1   school year whenever the board of the district authorizes or 
 23.2   permits violations of law within the district by: 
 23.3      (1) employing a teacher who does not hold a valid teaching 
 23.4   license or permit in a public school; 
 23.5      (2) noncompliance with a mandatory rule of general 
 23.6   application promulgated by the commissioner in accordance with 
 23.7   statute, unless special circumstances make enforcement 
 23.8   inequitable, impose an extraordinary hardship on the district, 
 23.9   or the rule is contrary to the district's best interests; 
 23.10     (3) the district's continued performance of a contract made 
 23.11  for the rental of rooms or buildings for school purposes or for 
 23.12  the rental of any facility owned or operated by or under the 
 23.13  direction of any private organization, if the contract has been 
 23.14  disapproved, the time for review of the determination of 
 23.15  disapproval has expired, and no proceeding for review is 
 23.16  pending; 
 23.17     (4) any practice which is a violation of sections 1 and 2 
 23.18  of article 13 of the Constitution of the state of Minnesota; 
 23.19     (5) failure to reasonably provide for a resident pupil's 
 23.20  school attendance under Minnesota Statutes; or 
 23.21     (6) noncompliance with state laws prohibiting 
 23.22  discrimination because of race, color, creed, religion, national 
 23.23  origin, sex, age, marital status, status with regard to public 
 23.24  assistance or disability, as defined in section 363.03; or 
 23.25     (7) using funds contrary to the statutory purpose of the 
 23.26  funds. 
 23.27  The reduction or withholding must be made in the amount and upon 
 23.28  the procedure provided in this section or, in the case of the 
 23.29  violation stated in clause (1), upon the procedure provided in 
 23.30  section 127A.43.  
 23.31     Subd. 3.  [ASSURANCE OF COMPLIANCE.] (a) After consultation 
 23.32  with the commissioner of human rights, the commissioner of 
 23.33  children, families, and learning shall adopt rules in 
 23.34  conformance with chapter 14.  The rules must direct districts to 
 23.35  file with the commissioner of children, families, and learning 
 23.36  assurances of compliance with state and federal laws prohibiting 
 24.1   discrimination.  The assurances must be provided in a form and 
 24.2   manner prescribed by the commissioner.  
 24.3      (b) If it appears that one or more violations of the 
 24.4   Minnesota Human Rights Act are occurring in a district, the 
 24.5   commissioner of human rights shall notify the commissioner of 
 24.6   the violations, and the commissioner of children, families, and 
 24.7   learning may then proceed pursuant to subdivision 4. 
 24.8      Subd. 4.  [NOTICE TO BOARD.] When it appears that an 
 24.9   enumerated a violation is occurring in a district, the 
 24.10  commissioner shall notify the board of that district in 
 24.11  writing.  The notice must specify the violations, set a 
 24.12  reasonable time within which the district must correct the 
 24.13  specified violations, describe the correction required, and 
 24.14  advise that if the correction is not made within the time 
 24.15  allowed, special state aids to the district will be reduced or 
 24.16  withheld.  The time allowed for correction may be extended by 
 24.17  the commissioner if there is reasonable ground therefor.  
 24.18     Subd. 5.  [DISPUTE VIOLATIONS; HEARING.] The board to which 
 24.19  such notice is given may, by a majority vote of the whole board, 
 24.20  decide to dispute that the specified violation exists or that 
 24.21  the time allowed is reasonable or the correction specified is 
 24.22  correct, or that the commissioner may reduce or withhold aids.  
 24.23  The board must give the commissioner written notice of the 
 24.24  decision.  If the commissioner, after further investigation as 
 24.25  the commissioner deems necessary, adheres to the previous 
 24.26  notice, the commissioner shall notify the school board of its 
 24.27  decision.  If the commissioner, after further investigation as 
 24.28  the commissioner deems necessary, adheres to the previous 
 24.29  notice, the board shall be entitled to a hearing by the 
 24.30  commissioner under this subdivision and notwithstanding chapter 
 24.31  14.  The commissioner must set a hearing time and place and the 
 24.32  board of the district must be given notice by mail.  The 
 24.33  hearings must be designed to give a full and fair hearing and 
 24.34  permit interested parties an opportunity to produce evidence 
 24.35  relating to the issues involved.  A stenographic record must be 
 24.36  made of all testimony given and other proceedings during the 
 25.1   hearing.  If practicable, rules governing admission of evidence 
 25.2   in courts shall apply to the hearing.  The final decision of the 
 25.3   commissioner must be in writing and the controlling facts upon 
 25.4   which the decision is made must be stated in sufficient detail 
 25.5   to apprise the parties and the reviewing court of the basis and 
 25.6   reason for the decision. The decision must be confined to 
 25.7   whether any of the specified violations existed at the date of 
 25.8   the commissioner's first notice, whether the violations were 
 25.9   corrected within the time permitted, whether the violations 
 25.10  require withholding or reduction of the state aids under this 
 25.11  section, and in what amount.  
 25.12     Subd. 6.  [VIOLATION; AID REDUCTION OR WITHHOLDING.] The 
 25.13  commissioner shall not reduce state aids payable to the district 
 25.14  if the violation specified is corrected within the time 
 25.15  permitted, or if the commissioner on being notified of the 
 25.16  district board's decision to dispute decides the violation does 
 25.17  not exist, or if the commissioner decides after hearing no 
 25.18  violation specified in the commissioner's notice existed at the 
 25.19  time of the notice, or that the violations were corrected within 
 25.20  the time permitted.  Otherwise state aids payable to the 
 25.21  district for the year in which the violation occurred shall may 
 25.22  be reduced or withheld as follows:  The total amount of state 
 25.23  aids to which the district may be entitled shall be reduced in 
 25.24  the proportion that the period during which a specified 
 25.25  violation continued, computed from the last day of the time 
 25.26  permitted for correction, bears to the total number of days 
 25.27  school is held in the district during the year in which a 
 25.28  violation exists, multiplied by up to 60 percent of the basic 
 25.29  revenue, as defined in section 126C.10, subdivision 2, of the 
 25.30  district for that year. 
 25.31     Subd. 7.  [REDUCTION IN AIDS PAYABLE.] Reductions in aid 
 25.32  under this section and sections 127A.41 and 127A.43 must be from 
 25.33  general education aid.  If there is not sufficient general 
 25.34  education aid remaining to be paid for the school year in which 
 25.35  the violation occurred, the reduction shall be from the other 
 25.36  aids listed in section 127A.44, subdivision 2, that are payable 
 26.1   to the district for that year in the order in which the aids are 
 26.2   listed in section 127A.44, subdivision 2.  If there is not a 
 26.3   sufficient amount of state aids remaining payable to the 
 26.4   district for the school year in which the violation occurred to 
 26.5   permit the full amount of reduction required, that part of the 
 26.6   required reduction not taken from that school year's aids will 
 26.7   be taken from the state aids payable to the district for the 
 26.8   next school year, and the reduction will be made from the 
 26.9   various aids payable for the next year in the order above 
 26.10  specified. 
 26.11     Subd. 8a.  [APPEAL.] A final decision of the commissioner 
 26.12  under this section may be appealed in accordance with section 
 26.13  480A.06, subdivision 3. 
 26.14     Subd. 9.  [NOTICE TO DISTRICT.] Any notice given to the 
 26.15  board of a district will be deemed given when a copy thereof is 
 26.16  mailed, registered, to the superintendent of the district, if 
 26.17  there is a superintendent, and to the clerk of the board of the 
 26.18  district.  If it is shown that neither the superintendent nor 
 26.19  the clerk in fact received such notice in the ordinary course of 
 26.20  mail, then the time for correction will be accordingly extended 
 26.21  by the commissioner so that a reasonable time will be allowed 
 26.22  from actual receipt of notice for correction.  If notice is sent 
 26.23  by the commissioner with respect to a violation which is 
 26.24  continued by the district in a succeeding year, no separate 
 26.25  notice for that violation for the succeeding year will be 
 26.26  required.  Proceedings initiated by such notice shall include 
 26.27  any continuing violation notwithstanding that a part thereof 
 26.28  occurs in a year different from the year in which it started.  
 26.29  The commissioner may require reasonable proof of the time that a 
 26.30  violation ceased for the determination of the amount of aids to 
 26.31  be reduced or withheld.  Costs and disbursements of the review 
 26.32  by the district court court of appeals, exclusive of those 
 26.33  incurred in the administrative proceedings, may be taxed against 
 26.34  the losing party and in the event taxed against the state must 
 26.35  be paid from the appropriations made to the department for the 
 26.36  payment of special state aids. 
 27.1      Sec. 19.  Minnesota Statutes 2000, section 127A.50, 
 27.2   subdivision 2, is amended to read: 
 27.3      Subd. 2.  [APPROPRIATION AND ESTIMATED NET SAVINGS.] The 
 27.4   amounts necessary to pay any positive net adjustments under this 
 27.5   section to any school district are appropriated annually from 
 27.6   the general fund to the commissioner of children, families, and 
 27.7   learning.  The estimated net general fund savings under this 
 27.8   section is $29,819,000 in fiscal year 1998, and $26,997,000 in 
 27.9   each fiscal year thereafter. 
 27.10     Sec. 20.  Laws 2000, chapter 489, article 2, section 39, 
 27.11  subdivision 2, is amended to read: 
 27.12     Subd. 2.  [SPARSITY CORRECTION REVENUE.] For sparsity 
 27.13  correction revenue: 
 27.14       $1,030,000     .....     2000
 27.15       $  515,000     .....     2001
 27.16     The 2000 appropriation is available until June 30, 2001.  
 27.17     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 27.18  following final enactment. 
 27.19     Sec. 21.  Laws 2000, chapter 489, article 3, section 25, 
 27.20  subdivision 5, is amended to read: 
 27.21     Subd. 5.  [SPECIAL EDUCATION CROSS-SUBSIDY REVENUE.] For 
 27.22  special education cross-subsidy revenue: 
 27.23       $ 7,898,000     .....     2000 
 27.24       $18,396,000     .....     2001 
 27.25     The 2000 appropriation is available until June 30, 2001. 
 27.26     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 27.27  following final enactment. 
 27.28     Sec. 22.  [REPEALER.] 
 27.29     (a) Minnesota Statutes 2000, sections 124D.07; 126C.01, 
 27.30  subdivision 10; 126C.16, subdivision 2; 126C.18; 126C.22; and 
 27.31  127A.44, are repealed. 
 27.32     (b) Minnesota Statutes 2000, sections 126C.10, subdivisions 
 27.33  12 and 23; and 126C.17, subdivision 12, are repealed effective 
 27.34  for revenue for fiscal year 2002. 
 27.35     (c) Minnesota Statutes 2000, sections 126C.42, subdivisions 
 27.36  2 and 3; and 126C.47, are repealed effective for taxes payable 
 28.1   in 2002. 
 28.2                              ARTICLE 4
 28.3                         EDUCATION EXCELLENCE 
 28.4      Section 1.  Minnesota Statutes 2000, section 120B.30, 
 28.5   subdivision 1, is amended to read: 
 28.6      Subdivision 1.  [STATEWIDE TESTING.] (a) The commissioner, 
 28.7   with advice from experts with appropriate technical 
 28.8   qualifications and experience and stakeholders, shall include in 
 28.9   the comprehensive assessment system, for each grade level to be 
 28.10  tested, a test, which shall be aligned with the state's 
 28.11  graduation standards and administered annually to all students 
 28.12  in the third, fifth, and eighth grades.  The commissioner shall 
 28.13  establish one or more months during which schools shall 
 28.14  administer the tests to students each school year.  Only 
 28.15  Minnesota basic skills tests in reading, mathematics, and 
 28.16  writing shall fulfill students' basic skills testing 
 28.17  requirements for a passing state notation.  The passing scores 
 28.18  of the state tests in reading and mathematics are the equivalent 
 28.19  of:  
 28.20     (1) 70 percent correct for students entering grade 9 in 
 28.21  1996; and 
 28.22     (2) 75 percent correct for students entering grade 9 in 
 28.23  1997 and thereafter, as based on the first uniform test 
 28.24  administration of February 1998.  
 28.25     Notwithstanding Minnesota Rules, part 3501.0050, subpart 2, 
 28.26  at the written request of a parent or guardian, and with the 
 28.27  recommendation of the student's teacher, a district may offer 
 28.28  the test of basic requirements in reading, math, or writing to 
 28.29  an individual student beginning in grade 5.  The student must 
 28.30  take the same test on the same date as administered to students 
 28.31  in eighth grade or higher.  (b) Third and fifth grade test 
 28.32  results shall be available to districts for diagnostic purposes 
 28.33  affecting student learning and district instruction and 
 28.34  curriculum, and for establishing educational accountability.  
 28.35  The commissioner must disseminate to the public the third and 
 28.36  fifth grade test results upon receiving those results. 
 29.1      (b) (c) In addition, at the secondary level, districts 
 29.2   shall assess student performance in all required learning areas 
 29.3   and selected required standards within each area of the profile 
 29.4   of learning.  The testing instruments and testing process shall 
 29.5   be determined by the commissioner.  The results shall be 
 29.6   aggregated at the site and district level.  The testing shall be 
 29.7   administered beginning in the 1999-2000 school year and 
 29.8   thereafter. 
 29.9      (c) (d) The commissioner shall report school site and 
 29.10  school district student academic achievement levels of the 
 29.11  current and two immediately preceding school years.  The report 
 29.12  shall include students' unweighted mean test scores in each 
 29.13  tested subject, the unweighted mean test scores of only those 
 29.14  students enrolled in the school by January 1 of the previous 
 29.15  school year, and the unweighted test scores of all students 
 29.16  except those students receiving limited English proficiency 
 29.17  instruction.  The report also shall record separately, in 
 29.18  proximity to the reported performance levels, the percentages of 
 29.19  students who are eligible to receive a free or reduced price 
 29.20  school meal, demonstrate limited English proficiency, or are 
 29.21  eligible to receive special education services. 
 29.22     (d) (e) In addition to the testing and reporting 
 29.23  requirements under paragraphs (a), (b), and (c), and (d), the 
 29.24  commissioner shall include the following components in the 
 29.25  statewide public reporting system: 
 29.26     (1) uniform statewide testing of all third, fifth, eighth, 
 29.27  and post-eighth grade students that provides exemptions, only 
 29.28  with parent or guardian approval, for those very few students 
 29.29  for whom the student's individual education plan team under 
 29.30  sections 125A.05 and 125A.06, determines that the student is 
 29.31  incapable of taking a statewide test, or for a limited English 
 29.32  proficiency student under section 124D.59, subdivision 2, if the 
 29.33  student has been in the United States for fewer than 12 months 
 29.34  and for whom special language barriers exist, such as the 
 29.35  student's native language does not have a written form or the 
 29.36  district does not have access to appropriate interpreter 
 30.1   services for the student's native language; 
 30.2      (2) educational indicators that can be aggregated and 
 30.3   compared across school districts and across time on a statewide 
 30.4   basis, including average daily attendance, high school 
 30.5   graduation rates, and high school drop-out rates by age and 
 30.6   grade level; 
 30.7      (3) students' scores on the American College Test; and 
 30.8      (4) participation in the National Assessment of Educational 
 30.9   Progress so that the state can benchmark its performance against 
 30.10  the nation and other states, and, where possible, against other 
 30.11  countries, and contribute to the national effort to monitor 
 30.12  achievement. 
 30.13     (e) (f) Districts must report exemptions under paragraph 
 30.14  (d) (e), clause (1), to the commissioner consistent with a 
 30.15  format provided by the commissioner. 
 30.16     Sec. 2.  Minnesota Statutes 2000, section 122A.24, 
 30.17  subdivision 3, is amended to read: 
 30.18     Subd. 3.  [PROGRAM APPROVAL.] (a) The board of teaching 
 30.19  must approve alternative preparation programs based on criteria 
 30.20  adopted by the board. 
 30.21     (b) An alternative preparation program at a school 
 30.22  district, group of schools, or an education district must be 
 30.23  affiliated with a post-secondary institution that has a teacher 
 30.24  preparation program.  The board shall permit demonstration of 
 30.25  licensure competencies in school-based and other nontraditional 
 30.26  pathways to teacher licensure. 
 30.27     Sec. 3.  Minnesota Statutes 2000, section 122A.25, is 
 30.28  amended by adding a subdivision to read: 
 30.29     Subd. 4.  [BACKGROUND CHECK.] A school district or charter 
 30.30  school shall provide the board of teaching with confirmation 
 30.31  that criminal background checks have been completed for all 
 30.32  nonlicensed community experts employed by the district or 
 30.33  charter school and approved by the board of teaching under this 
 30.34  section. 
 30.35     Sec. 4.  [122A.275] [ALTERNATIVE COMPETENCY-BASED LICENSING 
 30.36  FOR SCHOOL ADMINISTRATORS.] 
 31.1      Subdivision 1.  [COMMISSIONER APPROVAL.] Notwithstanding 
 31.2   other law to the contrary, the commissioner of children, 
 31.3   families, and learning, subject to the requirements under 
 31.4   subdivision 2, shall approve competency-based administrative 
 31.5   licensure programs offered by organizations other than colleges 
 31.6   and universities that prepare people to serve as community 
 31.7   education directors, special education directors, principals, or 
 31.8   superintendents. 
 31.9      Subd. 2.  [ORGANIZATION REQUIREMENTS.] (a) Organizations 
 31.10  seeking approval to prepare persons for licensure under this 
 31.11  section shall submit to the commissioner the following 
 31.12  information in the form and manner the commissioner prescribes: 
 31.13     (1) verify the organization's commitment to the licensure 
 31.14  program; 
 31.15     (2) describe the procedures for implementing the licensure 
 31.16  program; 
 31.17     (3) describe the role for which persons who enroll in the 
 31.18  licensure program are being prepared; and 
 31.19     (4) list, for the applicable licensure area, specific 
 31.20  references to the competencies required by Minnesota Rules, part 
 31.21  3512.0500, subparts 2 to 22, for principals; part 3512.1100, 
 31.22  subparts 2 to 7, for superintendents; part 3512.3500, subparts 2 
 31.23  and 3, items A to G, for community education directors; or part 
 31.24  3512.4000, subpart 2, item A, and subpart 3, items A and B, for 
 31.25  directors of special education. 
 31.26     (b) The administrative licensure program must be competency 
 31.27  based, and include a preassessment and postassessment evaluation 
 31.28  of the applicant's competence.  Administrative licensure program 
 31.29  officials must develop, with the applicant, a personalized 
 31.30  learning plan to ensure that the applicant develops a high level 
 31.31  of competence in the applicant's respective licensure area. 
 31.32     (c) The administrative licensure program must require the 
 31.33  program applicant to successfully complete a practicum of at 
 31.34  least 320 hours under the immediate supervision of a person 
 31.35  holding the licensure for which the applicant is applying. 
 31.36     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 32.1   following final enactment. 
 32.2      Sec. 5.  Minnesota Statutes 2000, section 122A.41, is 
 32.3   amended by adding a subdivision to read: 
 32.4      Subd. 5a.  [PROBATIONARY PERIOD FOR PRINCIPALS HIRED 
 32.5   INTERNALLY.] A board and the exclusive representative of the 
 32.6   school principals in the district may negotiate a plan for a 
 32.7   probationary period of up to two school years for licensed 
 32.8   teachers employed by the board who are subsequently employed by 
 32.9   the board as a licensed school principal. 
 32.10     <b>[EFFECTIVE DATE.]</b> This section is effective for the 
 32.11  2001-2002 school year and following. 
 32.12     Sec. 6.  Minnesota Statutes 2000, section 122A.41, 
 32.13  subdivision 7, is amended to read: 
 32.14     Subd. 7.  [HEARING OF CHARGES AGAINST TEACHER.] The charges 
 32.15  against a teacher must be in writing and signed by the person 
 32.16  making the same and then filed with the secretary or clerk of 
 32.17  the school board having charge of the school in which the 
 32.18  teacher is employed.  Before the school board, before 
 32.19  discharging or demoting discharges or demotes a teacher, must 
 32.20  then accord the teacher against whom charges have been filed a 
 32.21  full hearing and give to the teacher at least ten days' notice 
 32.22  in writing of the time and place of such hearing.  The notice 
 32.23  may be served personally or sent by certified mail addressed to 
 32.24  the teacher at the teacher's last known post office address. the 
 32.25  board must notify the teacher in writing and state in reasonable 
 32.26  detail its grounds for the proposed discharge or demotion, 
 32.27  together with a statement that the teacher may request in 
 32.28  writing within ten days after receiving the notice a hearing 
 32.29  before the board.  The board may have the notice served 
 32.30  personally or may send it by certified mail addressed to the 
 32.31  teacher at the teacher's last known post office address.  The 
 32.32  teacher, under subdivision 13, also may elect a hearing before 
 32.33  an arbitrator instead of the school board.  Within ten days 
 32.34  after receiving the notice the teacher may request in writing a 
 32.35  hearing before the board or an arbitrator and it shall be 
 32.36  granted.  The teacher must be given reasonable notice of the 
 33.1   time and place of the hearing before final action is taken.  A 
 33.2   teacher who fails to request a hearing within ten days is 
 33.3   considered to acquiesce in the board's action.  If the charge is 
 33.4   made by a person not connected with the school system the charge 
 33.5   may be disregarded by the school board.  If the grounds are 
 33.6   those specified in subdivision 6, clause (1), (2), (3), or (4), 
 33.7   the notice must also state a teacher may request arbitration 
 33.8   under subdivision 13.  At the hearing, the school board or 
 33.9   arbitrator shall hear all evidence that may be adduced in 
 33.10  support of the charges and for the teacher's defense to the 
 33.11  charges.  Either party has the right to have a written record of 
 33.12  the hearing at the expense of the board and to have witnesses 
 33.13  subpoenaed and all witnesses so subpoenaed must be examined 
 33.14  under oath.  Any member of the school board conducting such a 
 33.15  hearing has authority to issue subpoenas and to administer oaths 
 33.16  to witnesses. 
 33.17     <b>[EFFECTIVE DATE.]</b> This section is effective for the 
 33.18  2002-2003 school year and following. 
 33.19     Sec. 7.  Minnesota Statutes 2000, section 122A.41, 
 33.20  subdivision 13, is amended to read: 
 33.21     Subd. 13.  [HEARING AND DETERMINATION BY ARBITRATOR.] A 
 33.22  teacher against whom charges have been filed alleging any cause 
 33.23  for discharge or demotion specified in subdivision 6, clause 
 33.24  (1), (2), (3), or (4), may elect a hearing before an arbitrator 
 33.25  instead of the school board.  The hearing is governed by this 
 33.26  subdivision.  
 33.27     (a) The teacher must make a written request for a hearing 
 33.28  before an arbitrator within ten days after receiving a written 
 33.29  notice of the filing of charges required by subdivision 7.  
 33.30  Failure to request a hearing before an arbitrator during this 
 33.31  period is considered acquiescence to a hearing before the 
 33.32  board board's action. 
 33.33     (b) If the teacher and the school board are unable to 
 33.34  mutually agree on an arbitrator, the board must request from the 
 33.35  bureau of mediation services a list of five persons to serve as 
 33.36  an arbitrator.  If the teacher and the school board are unable 
 34.1   to mutually agree on an arbitrator from the list provided, the 
 34.2   parties shall alternately strike names from the list until the 
 34.3   name of one arbitrator remains.  The person remaining after the 
 34.4   striking procedure must be the arbitrator.  If the parties are 
 34.5   unable to agree on who shall strike the first name, the question 
 34.6   must be decided by a flip of a coin.  The teacher and the board 
 34.7   must share equally the costs and fees of the arbitrator. 
 34.8      (c) The arbitrator shall determine, by a preponderance of 
 34.9   the evidence, whether the causes specified in subdivision 6, 
 34.10  clause (1), (2), (3), or (4), exist to support the proposed 
 34.11  discharge or demotion.  A lesser penalty than discharge or 
 34.12  demotion may be imposed by the arbitrator only to the extent 
 34.13  that either party proposes such lesser penalty in the 
 34.14  proceeding.  In making the determination, the arbitration 
 34.15  proceeding is governed by sections 572.11 to 572.17 and by the 
 34.16  collective bargaining agreement applicable to the teacher. 
 34.17     (d) An arbitration hearing conducted under this subdivision 
 34.18  is a meeting for preliminary consideration of allegations or 
 34.19  charges within the meaning of section 13D.05, subdivision 3, 
 34.20  paragraph (a), and must be closed, unless the teacher requests 
 34.21  it to be open. 
 34.22     (e) The arbitrator's decision is final and binding on the 
 34.23  parties, subject to sections 572.18 to 572.26.  
 34.24     <b>[EFFECTIVE DATE.]</b> This section is effective for the 
 34.25  2002-2003 school year and following. 
 34.26     Sec. 8.  Minnesota Statutes 2000, section 122A.64, is 
 34.27  amended to read: 
 34.28     122A.64 [TEACHERS OF COLOR MULTICULTURAL EDUCATORS 
 34.29  PROGRAM.] 
 34.30     Subdivision 1.  [DEFINITION.] For purposes of this 
 34.31  section, "people of color" means permanent United States 
 34.32  residents who are African-American, American Indian or Alaskan 
 34.33  native, Asian or Pacific Islander, or Hispanic "multicultural 
 34.34  educator" means a person with significant personal or 
 34.35  professional experience with communities of color and an 
 34.36  interest in teaching to enhance the educational achievement and 
 35.1   success of Minnesota's multicultural schools. 
 35.2      Subd. 2.  [GRANTS.] The commissioner of children, families, 
 35.3   and learning in consultation with the desegregation/integration 
 35.4   advisory board established in section 124D.892, subdivision 3, 
 35.5   shall award grants for professional development programs to 
 35.6   recruit and educate people of color multicultural educators in 
 35.7   the field of education, including early childhood and parent 
 35.8   education.  Grant applicants must be a school district with a 
 35.9   growing minority population working in collaboration with a 
 35.10  state institution of higher education with an approved teacher 
 35.11  licensure program or an approved early childhood or parent 
 35.12  education licensure program. 
 35.13     Subd. 3.  [PROGRAM REQUIREMENTS.] (a) A grant recipient 
 35.14  must recruit persons of color multicultural educators to be 
 35.15  teachers in elementary, secondary, early childhood or parent 
 35.16  education, and provide support in linking program participants 
 35.17  with jobs in the recipient's school district. 
 35.18     (b) A grant recipient must establish an advisory council 
 35.19  composed of representatives of communities of color. 
 35.20     (c) A grant recipient, with the assistance of the advisory 
 35.21  council, must recruit high school students and other persons, 
 35.22  including educational paraprofessionals, support them through 
 35.23  the higher education application and admission process, advise 
 35.24  them while enrolled and link them with support resources in the 
 35.25  college or university and the community. 
 35.26     (d) A grant recipient must award stipends to students of 
 35.27  color multicultural educator program participants enrolled in an 
 35.28  approved licensure program to help cover the costs of tuition, 
 35.29  student fees, supplies, and books.  Stipend awards must be based 
 35.30  on a student's financial need and students must apply for any 
 35.31  additional financial aid they are eligible for to supplement 
 35.32  this program.  No more than ten percent of the grant may be used 
 35.33  for costs of administering the program.  Students must agree to 
 35.34  teach in the grantee school district for at least two years 
 35.35  after licensure.  If the district has no licensed positions 
 35.36  open, the student may teach in another district in Minnesota. 
 36.1      (e) The commissioner of children, families, and learning 
 36.2   shall consider the following criteria in awarding grants: 
 36.3      (1) whether the program is likely to increase the 
 36.4   recruitment and retention of students of color multicultural 
 36.5   educator program participants in teaching; 
 36.6      (2) whether grant recipients will recruit paraprofessionals 
 36.7   from the district to work in its schools; and 
 36.8      (3) whether grant recipients will establish or have a 
 36.9   mentoring program for students of color multicultural educator 
 36.10  program participants. 
 36.11     Sec. 9.  Minnesota Statutes 2000, section 124D.03, 
 36.12  subdivision 4, is amended to read: 
 36.13     Subd. 4.  [DESEGREGATION DISTRICT TRANSFERS.] (a) This 
 36.14  subdivision applies to a transfer into or out of a district that 
 36.15  has a desegregation plan approved by the commissioner of 
 36.16  children, families, and learning.  
 36.17     (b) An application to transfer may be submitted at any time 
 36.18  for enrollment beginning at any time. 
 36.19     (c) The parent or guardian of a pupil who is a resident of 
 36.20  a district that has a desegregation plan must submit an 
 36.21  application to the resident district.  If the district accepts 
 36.22  the application, it must forward the application to the 
 36.23  nonresident district. 
 36.24     (d) The parent or guardian of a pupil who applies for 
 36.25  enrollment in a nonresident district that has a desegregation 
 36.26  plan must submit an application to the nonresident district.  
 36.27     (e) Each district must accept or reject an application it 
 36.28  receives and notify the parent or guardian in writing within 30 
 36.29  calendar days of receiving the application.  A notification of 
 36.30  acceptance must include the date enrollment can begin. 
 36.31     (f) If an application is rejected, the district must state 
 36.32  the reason for rejection in the notification.  If a district 
 36.33  that has a desegregation plan rejects an application for a 
 36.34  reason related to the desegregation plan, the district must 
 36.35  state with specificity how acceptance of the application would 
 36.36  result in noncompliance with department of children, families, 
 37.1   and learning rules with respect to the school or program for 
 37.2   which application was made.  
 37.3      (g) If an application is accepted, the parent or guardian 
 37.4   must notify the nonresident district in writing within 15 
 37.5   calendar days of receiving the acceptance whether the pupil 
 37.6   intends to enroll in the nonresident district.  Notice of 
 37.7   intention to enroll obligates the pupil to enroll in the 
 37.8   nonresident district, unless the boards of the resident and 
 37.9   nonresident districts agree otherwise.  If a parent or guardian 
 37.10  does not notify the nonresident district, the pupil may not 
 37.11  enroll in that nonresident district at that time, unless the 
 37.12  boards of the resident and nonresident district agree otherwise. 
 37.13     (h) Within 15 calendar days of receiving the notice from 
 37.14  the parent or guardian, the nonresident district shall notify 
 37.15  the resident district in writing of the pupil's intention to 
 37.16  enroll in the nonresident district.  
 37.17     (i) A pupil enrolled in a nonresident district under this 
 37.18  subdivision a desegregation plan approved by the commissioner of 
 37.19  children, families, and learning is not required to make annual 
 37.20  or periodic application for enrollment but may remain enrolled 
 37.21  in the same district.  A pupil may transfer to the resident 
 37.22  district at any time.  
 37.23     (d) Section 124D.03, subdivision 2, applies to a transfer 
 37.24  into or out of a district with a desegregation plan. 
 37.25     (j) A pupil enrolled in a nonresident district and applying 
 37.26  to transfer into or out of a district that has a desegregation 
 37.27  plan must follow the procedures of this subdivision.  For the 
 37.28  purposes of this type of transfer, "resident district" means the 
 37.29  nonresident district in which the pupil is enrolled at the time 
 37.30  of application.  
 37.31     (k) A district that has a desegregation plan approved by 
 37.32  the commissioner must accept or reject each individual 
 37.33  application in a manner that will enable compliance with its 
 37.34  desegregation plan. 
 37.35     Sec. 10.  Minnesota Statutes 2000, section 124D.10, 
 37.36  subdivision 1, is amended to read: 
 38.1      Subdivision 1.  [PURPOSES.] (a) The purpose of this section 
 38.2   is to: 
 38.3      (1) improve pupil learning; 
 38.4      (2) increase learning opportunities for pupils; 
 38.5      (3) encourage the use of different and innovative teaching 
 38.6   methods; 
 38.7      (4) require the measurement of learning outcomes and create 
 38.8   different and innovative forms of measuring outcomes; 
 38.9      (5) establish new forms of accountability for schools; or 
 38.10     (6) create new professional opportunities for teachers, 
 38.11  including the opportunity to be responsible for the learning 
 38.12  program at the school site; 
 38.13     (7) test new and more accountable, results-based forms of 
 38.14  oversight and accountability for schools; 
 38.15     (8) focus state oversight on the role of sponsors of 
 38.16  charter schools; or 
 38.17     (9) encourage school boards to make full use of the 
 38.18  opportunities provided by this section. 
 38.19     (b) This section does not provide a means to keep open a 
 38.20  school that otherwise would be closed.  Applicants in these 
 38.21  circumstances bear the burden of proving that conversion to a 
 38.22  charter school fulfills a purpose specified in this subdivision, 
 38.23  independent of the school's closing. 
 38.24     Sec. 11.  Minnesota Statutes 2000, section 124D.10, 
 38.25  subdivision 4, is amended to read: 
 38.26     Subd. 4.  [FORMATION OF SCHOOL.] (a) A sponsor may 
 38.27  authorize one or more licensed teachers under section 122A.18, 
 38.28  subdivision 1, to operate a charter school subject to approval 
 38.29  by the commissioner.  A board must vote on charter school 
 38.30  application for sponsorship no later than 90 days after 
 38.31  receiving the application.  After 90 days, the applicant may 
 38.32  apply to the commissioner.  If a board elects not to sponsor a 
 38.33  charter school, the applicant may appeal the board's decision to 
 38.34  the commissioner.  If the commissioner authorizes the school, 
 38.35  the commissioner must sponsor the school according to this 
 38.36  section.  The commissioner may elect to sponsor the charter 
 39.1   school or assist the applicant in finding an eligible sponsor. 
 39.2   The school must be organized and operated as a cooperative under 
 39.3   chapter 308A or nonprofit corporation under chapter 317A.  
 39.4      (b) Before the operators may form and operate a school, the 
 39.5   sponsor must file an affidavit with the commissioner stating its 
 39.6   intent to authorize a charter school.  The affidavit must state 
 39.7   the terms and conditions under which the sponsor would authorize 
 39.8   a charter school.  The commissioner must approve or disapprove 
 39.9   the sponsor's proposed authorization within 60 days of receipt 
 39.10  of the affidavit.  Failure to obtain commissioner approval 
 39.11  precludes a sponsor from authorizing the charter school that was 
 39.12  the subject of the affidavit.  
 39.13     (c) The operators authorized to organize and operate a 
 39.14  school must hold an election for members of the school's board 
 39.15  of directors in a timely manner after the school is operating.  
 39.16  Any staff members who are employed at the school, including 
 39.17  teachers providing instruction under a contract with a 
 39.18  cooperative, and all parents of children enrolled in the school 
 39.19  may participate in the election.  Licensed teachers employed at 
 39.20  the school, including teachers providing instruction under a 
 39.21  contract with a cooperative, must be a majority of the members 
 39.22  of the board of directors, unless the commissioner waives the 
 39.23  requirement for the school.  A provisional board may operate 
 39.24  before the election of the school's board of directors.  Board 
 39.25  of director meetings must comply with chapter 13D. 
 39.26     (d) The granting or renewal of a charter by a sponsoring 
 39.27  entity must not be conditioned upon the bargaining unit status 
 39.28  of the employees of the school.  
 39.29     Sec. 12.  Minnesota Statutes 2000, section 124D.10, 
 39.30  subdivision 8, is amended to read: 
 39.31     Subd. 8.  [STATE AND LOCAL REQUIREMENTS.] (a) A charter 
 39.32  school shall meet all applicable state and local health and 
 39.33  safety requirements. 
 39.34     (b) A school sponsored by a school board may be located in 
 39.35  any district, unless the school board of the district of the 
 39.36  proposed location disapproves by written resolution.  If such a 
 40.1   board denies a request to locate within its boundaries a charter 
 40.2   school sponsored by another school board, the sponsoring school 
 40.3   board may appeal to the commissioner.  If the commissioner 
 40.4   authorizes the school, the commissioner must sponsor the school. 
 40.5      (c) A charter school must be nonsectarian in its programs, 
 40.6   admission policies, employment practices, and all other 
 40.7   operations.  A sponsor may not authorize a charter school or 
 40.8   program that is affiliated with a nonpublic sectarian school or 
 40.9   a religious institution. 
 40.10     (d) Charter schools must not be used as a method of 
 40.11  providing education or generating revenue for students who are 
 40.12  being home-schooled. 
 40.13     (e) The primary focus of a charter school must be to 
 40.14  provide a comprehensive program of instruction for at least one 
 40.15  grade or age group from five through 18 years of age.  
 40.16  Instruction may be provided to people younger than five years 
 40.17  and older than 18 years of age. 
 40.18     (f) A charter school may not charge tuition. 
 40.19     (g) A charter school is subject to and must comply with 
 40.20  chapter 363 and section 121A.04. 
 40.21     (h) A charter school is subject to and must comply with the 
 40.22  Pupil Fair Dismissal Act, sections 121A.40 to 121A.56, and the 
 40.23  Minnesota Public School Fee Law, sections 123B.34 to 123B.39. 
 40.24     (i) A charter school is subject to the same financial 
 40.25  audits, audit procedures, and audit requirements as a district.  
 40.26  Audits must be conducted in compliance with generally accepted 
 40.27  governmental auditing standards, the Federal Single Audit Act, 
 40.28  if applicable, and section 6.65.  A charter school is subject to 
 40.29  and must comply with sections 15.054; 118A.01; 118A.02; 118A.03; 
 40.30  118A.04; 118A.05; 118A.06; 123B.52, subdivision 5; 471.38; 
 40.31  471.391; 471.392; 471.425; 471.87; 471.88, subdivisions 1, 2, 3, 
 40.32  4, 5, 6, 12, 13, and 15; 471.881; and 471.89.  The audit must 
 40.33  comply with the requirements of sections 123B.75 to 123B.83, 
 40.34  except to the extent deviations are necessary because of the 
 40.35  program at the school.  Deviations must be approved by the 
 40.36  commissioner.  The department of children, families, and 
 41.1   learning, state auditor, or legislative auditor may conduct 
 41.2   financial, program, or compliance audits.  A charter school 
 41.3   determined to be in statutory operating debt under sections 
 41.4   123B.81 to 123B.83 must submit a plan under section 123B.81, 
 41.5   subdivision 4. 
 41.6      (j) A charter school is a district for the purposes of tort 
 41.7   liability under chapter 466. 
 41.8      Sec. 13.  Minnesota Statutes 2000, section 124D.59, 
 41.9   subdivision 2, is amended to read: 
 41.10     Subd. 2.  [PUPIL OF LIMITED ENGLISH PROFICIENCY.] "Pupil of 
 41.11  limited English proficiency" means a pupil in any of the grades 
 41.12  of kindergarten through 12 who meets the following requirements: 
 41.13     (1) the pupil in kindergarten through grade 12, as declared 
 41.14  by a parent or guardian first learned a language other than 
 41.15  English, comes from a home where the language usually spoken is 
 41.16  other than English, or usually speaks a language other than 
 41.17  English; and 
 41.18     (2) the pupil's score is significantly below the average 
 41.19  district score for pupils of the same age on a nationally normed 
 41.20  English reading or English language arts achievement test.  A 
 41.21  pupil's score shall be considered significantly below the 
 41.22  average district score for pupils of the same age if it is 
 41.23  one-third of a standard deviation below that average score for a 
 41.24  pupil in kindergarten through grade 2, the pupil is determined 
 41.25  by developmentally appropriate measures, which might include 
 41.26  observations, teacher judgment, parent recommendations, or 
 41.27  developmentally appropriate assessment instruments, to lack the 
 41.28  necessary English skills to participate fully in classes taught 
 41.29  in English; or 
 41.30     (3) the pupil in grades 3 through 12 scores below the state 
 41.31  cutoff score on an assessment measuring emerging academic 
 41.32  English provided by the commissioner. 
 41.33     <b>[EFFECTIVE DATE.]</b> This section is effective for the 
 41.34  2002-2003 school year and later. 
 41.35     Sec. 14.  Minnesota Statutes 2000, section 124D.84, 
 41.36  subdivision 1, is amended to read: 
 42.1      Subdivision 1.  [AWARDS.] The commissioner, with the advice 
 42.2   and counsel of the Minnesota Indian scholarship education 
 42.3   committee, may award scholarships to any Minnesota resident 
 42.4   student who is of one-fourth or more Indian ancestry, who has 
 42.5   applied for other existing state and federal scholarship and 
 42.6   grant programs, and who, in the opinion of the commissioner, has 
 42.7   the capabilities to benefit from further education.  
 42.8   Scholarships must be for accredited degree programs in 
 42.9   accredited Minnesota colleges or universities or for courses in 
 42.10  accredited Minnesota business, technical, or vocational 
 42.11  schools.  Scholarships may also be given to students attending 
 42.12  Minnesota colleges that are in candidacy status for obtaining 
 42.13  full accreditation, and are eligible for and receiving federal 
 42.14  financial aid programs.  Students are also eligible for 
 42.15  scholarships when enrolled as students in Minnesota higher 
 42.16  education institutions that have joint programs with other 
 42.17  accredited higher education institutions.  Scholarships shall be 
 42.18  used to defray the total cost of education including tuition, 
 42.19  incidental fees, books, supplies, transportation, other related 
 42.20  school costs and the cost of board and room and shall be paid 
 42.21  directly to the college or school concerned where the student 
 42.22  receives federal financial aid.  The total cost of education 
 42.23  includes all tuition and fees for each student enrolling in a 
 42.24  public institution and the portion of tuition and fees for each 
 42.25  student enrolling in a private institution that does not exceed 
 42.26  the tuition and fees at a comparable public institution.  Each 
 42.27  student shall be awarded a scholarship based on the total cost 
 42.28  of the student's education and a federal standardized need 
 42.29  analysis.  Applicants are encouraged to apply for all other 
 42.30  sources of financial aid.  The amount and type of each 
 42.31  scholarship shall be determined through the advice and counsel 
 42.32  of the Minnesota Indian scholarship education committee. 
 42.33     When an Indian student satisfactorily completes the work 
 42.34  required by a certain college or school in a school year the 
 42.35  student is eligible for additional scholarships, if additional 
 42.36  training is necessary to reach the student's educational and 
 43.1   vocational objective.  Scholarships may not be given to any 
 43.2   Indian student for more than five years of study without special 
 43.3   approval recommendation of the Minnesota Indian scholarship 
 43.4   education committee.  
 43.5      Sec. 15.  Minnesota Statutes 2000, section 124D.892, 
 43.6   subdivision 1, is amended to read: 
 43.7      Subdivision 1.  [ESTABLISHMENT.] (a) An office of 
 43.8   desegregation/integration is established in the department of 
 43.9   children, families, and learning to coordinate and support 
 43.10  activities related to student enrollment, student and staff 
 43.11  recruitment and retention, transportation, and interdistrict 
 43.12  cooperation among metropolitan school districts.  
 43.13     (b) At the request of a metropolitan school district 
 43.14  involved in cooperative desegregation/integration efforts, the 
 43.15  office shall perform any of the following activities: 
 43.16     (1) assist districts with interdistrict student transfers, 
 43.17  including student recruitment, counseling, placement, and 
 43.18  transportation; 
 43.19     (2) coordinate and disseminate information about schools 
 43.20  and programs; 
 43.21     (3) assist districts with new magnet schools and programs; 
 43.22     (4) assist districts in providing staff development and 
 43.23  in-service training; and 
 43.24     (5) coordinate and administer staff exchanges. 
 43.25     (c) The office shall collect data on the efficacy of 
 43.26  districts' desegregation/integration efforts and make 
 43.27  recommendations based on the data.  The office shall 
 43.28  periodically consult with the metropolitan council to coordinate 
 43.29  metropolitan school desegregation/integration efforts with the 
 43.30  housing, social, economic, and infrastructure needs of the 
 43.31  metropolitan area.  The office shall develop a process for 
 43.32  resolving students' disputes and grievances about student 
 43.33  transfers under a desegregation/integration plan.  
 43.34     Sec. 16.  Minnesota Statutes 2000, section 124D.892, 
 43.35  subdivision 3, is amended to read: 
 43.36     Subd. 3.  [ADVISORY BOARD.] The commissioner shall 
 44.1   establish an advisory board composed of: 
 44.2      (1) nine superintendents, eight shall be selected by the 
 44.3   superintendents of the school districts located in whole or in 
 44.4   part within each of the eight metropolitan districts established 
 44.5   under section 473.123, subdivision 3c, and one superintendent of 
 44.6   a district outside the seven-county metropolitan area and is 
 44.7   from a district that is considered racially isolated or has a 
 44.8   racially isolated school site according to Minnesota Rules, part 
 44.9   3535.0110; 
 44.10     (2) one person each selected by the Indian affairs council, 
 44.11  the council on Asian-Pacific Minnesotans, the council on Black 
 44.12  Minnesotans, and the council on affairs of Chicano/Latino 
 44.13  people; and 
 44.14     (3) the superintendent of independent school district No. 
 44.15  709, Duluth. 
 44.16     The advisory board shall advise the office on complying 
 44.17  with the requirements under subdivision 1.  The advisory board 
 44.18  may solicit comments from teachers, parents, students, and 
 44.19  interested community organizations and others. 
 44.20     The advisory board shall expire June 30, 2003.  
 44.21     Sec. 17.  Minnesota Statutes 2000, section 124D.894, is 
 44.22  amended to read: 
 44.23     124D.894 [STATE MULTICULTURAL EDUCATION ADVISORY 
 44.24  COMMITTEE.] 
 44.25     (a) The commissioner shall appoint a state multicultural 
 44.26  education advisory committee to advise the department and the 
 44.27  state board on multicultural education.  The committee must have 
 44.28  12 members and be composed of representatives from among the 
 44.29  following groups and community organizations:  African-American, 
 44.30  Asian-Pacific, Hispanic, and American Indian.  The committee 
 44.31  shall expire June 30, 2003.  
 44.32     (b) The state committee shall provide information and 
 44.33  recommendations on: 
 44.34     (1) department procedures for reviewing and approving 
 44.35  district plans and disseminating information on multicultural 
 44.36  education; 
 45.1      (2) department procedures for improving inclusive education 
 45.2   plans, curriculum and instruction improvement plans, and 
 45.3   performance-based assessments; 
 45.4      (3) developing learner outcomes which are multicultural; 
 45.5   and 
 45.6      (4) other recommendations that will further inclusive, 
 45.7   multicultural education. 
 45.8      (c) The committee shall also participate in determining the 
 45.9   criteria for and awarding the grants established under Laws 
 45.10  1993, chapter 224, article 8, section 22, subdivision 8. 
 45.11     Sec. 18.  Minnesota Statutes 2000, section 129C.10, 
 45.12  subdivision 3, is amended to read: 
 45.13     Subd. 3.  [POWERS AND DUTIES OF BOARD.] (a) The board has 
 45.14  the powers necessary for the care, management, and control of 
 45.15  the Perpich center for arts education and all its real and 
 45.16  personal property.  The powers shall include, but are not 
 45.17  limited to, those listed in this subdivision. 
 45.18     (b) The board may employ and discharge necessary employees, 
 45.19  and contract for other services to ensure the efficient 
 45.20  operation of the center for arts education. 
 45.21     (c) The board may receive and award grants.  The board may 
 45.22  establish a charitable foundation and accept, in trust or 
 45.23  otherwise, any gift, grant, bequest, or devise for educational 
 45.24  purposes and hold, manage, invest, and dispose of them and the 
 45.25  proceeds and income of them according to the terms and 
 45.26  conditions of the gift, grant, bequest, or devise and its 
 45.27  acceptance.  The board must adopt internal procedures to 
 45.28  administer and monitor aids and grants. 
 45.29     (d) The board may establish or coordinate evening, 
 45.30  continuing education, extension, and summer programs for 
 45.31  teachers and pupils. 
 45.32     (e) The board may identify pupils who have artistic talent, 
 45.33  either demonstrated or potential, in dance, literary arts, media 
 45.34  arts, music, theater, and visual arts, or in more than one art 
 45.35  form. 
 45.36     (f) The board must educate pupils with artistic talent by 
 46.1   providing:  
 46.2      (1) an interdisciplinary academic and arts program for 
 46.3   pupils in the 11th and 12th grades.  The total number of pupils 
 46.4   accepted under this clause and clause (2) shall not exceed 300 
 46.5   310; 
 46.6      (2) additional instruction to pupils for a 13th grade. 
 46.7   Pupils eligible for this instruction are those enrolled in 12th 
 46.8   grade who need extra instruction and who apply to the board, or 
 46.9   pupils enrolled in the 12th grade who do not meet learner 
 46.10  outcomes established by the board; 
 46.11     (3) intensive arts seminars for one or two weeks for pupils 
 46.12  in grades 9 to 12; 
 46.13     (4) summer arts institutes for pupils in grades 9 to 12; 
 46.14     (5) artist mentor and extension programs in regional sites; 
 46.15  and 
 46.16     (6) teacher education programs for indirect curriculum 
 46.17  delivery. 
 46.18     (g) The board may determine the location for the Perpich 
 46.19  center for arts education and any additional facilities related 
 46.20  to the center, including the authority to lease a temporary 
 46.21  facility. 
 46.22     (h) The board must plan for the enrollment of pupils on an 
 46.23  equal basis from each congressional district.  
 46.24     (i) The board may establish task forces as needed to advise 
 46.25  the board on policies and issues.  The task forces expire as 
 46.26  provided in section 15.059, subdivision 6.  
 46.27     (j) The board may request the commissioner of children, 
 46.28  families, and learning for assistance and services. 
 46.29     (k) The board may enter into contracts with other public 
 46.30  and private agencies and institutions for residential and 
 46.31  building maintenance services if it determines that these 
 46.32  services could be provided more efficiently and less expensively 
 46.33  by a contractor than by the board itself.  The board may also 
 46.34  enter into contracts with public or private agencies and 
 46.35  institutions, school districts or combinations of school 
 46.36  districts, or service cooperatives to provide supplemental 
 47.1   educational instruction and services. 
 47.2      (l) The board may provide or contract for services and 
 47.3   programs by and for the center for arts education, including a 
 47.4   store, operating in connection with the center; theatrical 
 47.5   events; and other programs and services that, in the 
 47.6   determination of the board, serve the purposes of the center. 
 47.7      (m) The board may provide for transportation of pupils to 
 47.8   and from the center for arts education for all or part of the 
 47.9   school year, as the board considers advisable and subject to its 
 47.10  rules.  Notwithstanding any other law to the contrary, the board 
 47.11  may charge a reasonable fee for transportation of pupils.  Every 
 47.12  driver providing transportation of pupils under this paragraph 
 47.13  must possess all qualifications required by the commissioner of 
 47.14  children, families, and learning.  The board may contract for 
 47.15  furnishing authorized transportation under rules established by 
 47.16  the commissioner of children, families, and learning and may 
 47.17  purchase and furnish gasoline to a contract carrier for use in 
 47.18  the performance of a contract with the board for transportation 
 47.19  of pupils to and from the center for arts education.  When 
 47.20  transportation is provided, scheduling of routes, establishment 
 47.21  of the location of bus stops, the manner and method of 
 47.22  transportation, the control and discipline of pupils, and any 
 47.23  other related matter is within the sole discretion, control, and 
 47.24  management of the board. 
 47.25     (n) The board may provide room and board for its pupils.  
 47.26  If the board provides room and board, it shall charge a 
 47.27  reasonable fee for the room and board.  The fee is not subject 
 47.28  to chapter 14 and is not a prohibited fee according to sections 
 47.29  123B.34 to 123B.39.  
 47.30     (o) The board may establish and set fees for services and 
 47.31  programs.  If the board sets fees not authorized or prohibited 
 47.32  by the Minnesota public school fee law, it may do so without 
 47.33  complying with the requirements of section 123B.38.  
 47.34     (p) The board may apply for all competitive grants 
 47.35  administered by agencies of the state and other government or 
 47.36  nongovernment sources. 
 48.1      <b>[EFFECTIVE DATE.]</b> This section is effective for the 
 48.2   2001-2002 school year and later. 
 48.3      Sec. 19.  Minnesota Statutes 2000, section 179A.20, 
 48.4   subdivision 3, is amended to read: 
 48.5      Subd. 3.  [DURATION.] The duration of the contract is 
 48.6   negotiable but shall not exceed three years.  Any contract 
 48.7   between a school board and an exclusive representative of 
 48.8   teachers shall be for a term of two years, beginning on July 1 
 48.9   of each odd-numbered year and may be for a term up to four years 
 48.10  by mutual agreement.  A contract between a school board and an 
 48.11  exclusive representative of teachers shall contain the teachers' 
 48.12  compensation including fringe benefits for the entire two-year 
 48.13  contract term and shall not contain a wage reopening clause or 
 48.14  any other provision for the renegotiation of the teachers' 
 48.15  compensation unless the contract period has a term of three 
 48.16  years or longer and there is mutual agreement to reopen the 
 48.17  contract.  
 48.18     Sec. 20.  [RULES FOR LICENSURE OF SCHOOL ADMINISTRATIVE 
 48.19  PERSONNEL.] 
 48.20     The commissioner of children, families, and learning may 
 48.21  adopt, amend, or repeal rules relating to the licensure of 
 48.22  school administrative personnel in Minnesota Rules, chapter 3512.
 48.23     Sec. 21.  [REPEALER.] 
 48.24     Minnesota Rules, part 3501.0280, subpart 3, is repealed. 
 48.25                             ARTICLE 5
 48.26                          SPECIAL PROGRAMS
 48.27     Section 1.  Minnesota Statutes 2000, section 13.319, is 
 48.28  amended by adding a subdivision to read: 
 48.29     Subd. 7.  [CHILD CARE ASSISTANCE PROGRAM.] Data collected 
 48.30  for purposes of administering the child care assistance program 
 48.31  are classified under section 119B.02, subdivision 6. 
 48.32     Sec. 2.  Minnesota Statutes 2000, section 13.32, 
 48.33  subdivision 3, is amended to read: 
 48.34     Subd. 3.  [PRIVATE DATA; WHEN DISCLOSURE IS PERMITTED.] 
 48.35  Except as provided in subdivision 5, educational data is private 
 48.36  data on individuals and shall not be disclosed except as follows:
 49.1      (a) Pursuant to section 13.05; 
 49.2      (b) Pursuant to a valid court order; 
 49.3      (c) Pursuant to a statute specifically authorizing access 
 49.4   to the private data; 
 49.5      (d) To disclose information in health and safety 
 49.6   emergencies pursuant to the provisions of United States Code, 
 49.7   title 20, section 1232g(b)(1)(I) and Code of Federal 
 49.8   Regulations, title 34, section 99.36; 
 49.9      (e) Pursuant to the provisions of United States Code, title 
 49.10  20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B), 
 49.11  (b)(3) and Code of Federal Regulations, title 34, sections 
 49.12  99.31, 99.32, 99.33, 99.34, and 99.35; 
 49.13     (f) To appropriate health authorities to the extent 
 49.14  necessary to administer immunization programs and for bona fide 
 49.15  epidemiologic investigations which the commissioner of health 
 49.16  determines are necessary to prevent disease or disability to 
 49.17  individuals in the public educational agency or institution in 
 49.18  which the investigation is being conducted; 
 49.19     (g) When disclosure is required for institutions that 
 49.20  participate in a program under title IV of the Higher Education 
 49.21  Act, United States Code, title 20, chapter 1092; 
 49.22     (h) To the appropriate school district officials to the 
 49.23  extent necessary under subdivision 6, annually to indicate the 
 49.24  extent and content of remedial instruction, including the 
 49.25  results of assessment testing and academic performance at a 
 49.26  post-secondary institution during the previous academic year by 
 49.27  a student who graduated from a Minnesota school district within 
 49.28  two years before receiving the remedial instruction; 
 49.29     (i) To appropriate authorities as provided in United States 
 49.30  Code, title 20, section 1232g(b)(1)(E)(ii), if the data concern 
 49.31  the juvenile justice system and the ability of the system to 
 49.32  effectively serve, prior to adjudication, the student whose 
 49.33  records are released; provided that the authorities to whom the 
 49.34  data are released submit a written request for the data that 
 49.35  certifies that the data will not be disclosed to any other 
 49.36  person except as authorized by law without the written consent 
 50.1   of the parent of the student and the request and a record of the 
 50.2   release are maintained in the student's file; 
 50.3      (j) To volunteers who are determined to have a legitimate 
 50.4   educational interest in the data and who are conducting 
 50.5   activities and events sponsored by or endorsed by the 
 50.6   educational agency or institution for students or former 
 50.7   students; 
 50.8      (k) To provide student recruiting information, from 
 50.9   educational data held by colleges and universities, as required 
 50.10  by and subject to Code of Federal Regulations, title 32, section 
 50.11  216; or 
 50.12     (l) To the juvenile justice system if information about the 
 50.13  behavior of a student who poses a risk of harm is reasonably 
 50.14  necessary to protect the health or safety of the student or 
 50.15  other individuals. 
 50.16     (m) With respect to social security numbers of students in 
 50.17  the adult basic education system, to Minnesota state colleges 
 50.18  and universities and the department of economic security for the 
 50.19  purpose and in the manner described in section 124D.52, 
 50.20  subdivision 7.  
 50.21     (n) To the commissioner of children, families, and learning 
 50.22  for purposes of an assessment or investigation of a report of 
 50.23  alleged maltreatment of a student as mandated by section 
 50.24  626.556.  Upon request by the commissioner of children, 
 50.25  families, and learning, data from charter school and school 
 50.26  district investigations of alleged maltreatment of a student 
 50.27  must be disclosed to the commissioner, including, but not 
 50.28  limited to, the following: 
 50.29     (1) information regarding the student alleged to have been 
 50.30  maltreated; 
 50.31     (2) information regarding student and employee witnesses; 
 50.32     (3) information regarding the alleged perpetrator; and 
 50.33     (4) what corrective or protective action was taken, if any, 
 50.34  by the school facility in response to a report of maltreatment 
 50.35  by an employee or agent of the school or school district. 
 50.36     Sec. 3.  Minnesota Statutes 2000, section 13.43, is amended 
 51.1   by adding a subdivision to read: 
 51.2      Subd. 14.  [MALTREATMENT DATA.] When a report of alleged 
 51.3   maltreatment of a student in a school facility, as defined in 
 51.4   section 626.556, subdivision 2, paragraph (f), is made to the 
 51.5   commissioner of children, families, and learning under section 
 51.6   626.556, data collected by the school facility about the person 
 51.7   alleged to have committed maltreatment must be provided to the 
 51.8   commissioner of children, families, and learning upon request 
 51.9   for purposes of an assessment or investigation of the 
 51.10  maltreatment report.  Data received by the commissioner of 
 51.11  children, families, and learning pursuant to these assessments 
 51.12  or investigations are classified under section 626.556. 
 51.13     Sec. 4.  Minnesota Statutes 2000, section 13.46, 
 51.14  subdivision 2, is amended to read: 
 51.15     Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
 51.16  a statute specifically provides a different classification, data 
 51.17  on individuals collected, maintained, used, or disseminated by 
 51.18  the welfare system is private data on individuals, and shall not 
 51.19  be disclosed except:  
 51.20     (1) according to section 13.05; 
 51.21     (2) according to court order; 
 51.22     (3) according to a statute specifically authorizing access 
 51.23  to the private data; 
 51.24     (4) to an agent of the welfare system, including a law 
 51.25  enforcement person, attorney, or investigator acting for it in 
 51.26  the investigation or prosecution of a criminal or civil 
 51.27  proceeding relating to the administration of a program; 
 51.28     (5) to personnel of the welfare system who require the data 
 51.29  to determine eligibility, amount of assistance, and the need to 
 51.30  provide services of additional programs to the individual; 
 51.31     (6) to administer federal funds or programs; 
 51.32     (7) between personnel of the welfare system working in the 
 51.33  same program; 
 51.34     (8) the amounts of cash public assistance and relief paid 
 51.35  to welfare recipients in this state, including their names, 
 51.36  social security numbers, income, addresses, and other data as 
 52.1   required, upon request by the department of revenue to 
 52.2   administer the property tax refund law, supplemental housing 
 52.3   allowance, early refund of refundable tax credits, and the 
 52.4   income tax.  "Refundable tax credits" means the dependent care 
 52.5   credit under section 290.067, the Minnesota working family 
 52.6   credit under section 290.0671, the property tax refund under 
 52.7   section 290A.04, and, if the required federal waiver or waivers 
 52.8   are granted, the federal earned income tax credit under section 
 52.9   32 of the Internal Revenue Code; 
 52.10     (9) between the department of human services, the 
 52.11  department of children, families, and learning, and the 
 52.12  department of economic security for the purpose of monitoring 
 52.13  the eligibility of the data subject for unemployment benefits, 
 52.14  for any employment or training program administered, supervised, 
 52.15  or certified by that agency, for the purpose of administering 
 52.16  any rehabilitation program or child care assistance program, 
 52.17  whether alone or in conjunction with the welfare system, or to 
 52.18  monitor and evaluate the Minnesota family investment program by 
 52.19  exchanging data on recipients and former recipients of food 
 52.20  stamps, cash assistance under chapter 256, 256D, 256J, or 256K, 
 52.21  child care assistance under chapter 119B, or medical programs 
 52.22  under chapter 256B, 256D, or 256L; 
 52.23     (10) to appropriate parties in connection with an emergency 
 52.24  if knowledge of the information is necessary to protect the 
 52.25  health or safety of the individual or other individuals or 
 52.26  persons; 
 52.27     (11) data maintained by residential programs as defined in 
 52.28  section 245A.02 may be disclosed to the protection and advocacy 
 52.29  system established in this state according to Part C of Public 
 52.30  Law Number 98-527 to protect the legal and human rights of 
 52.31  persons with mental retardation or other related conditions who 
 52.32  live in residential facilities for these persons if the 
 52.33  protection and advocacy system receives a complaint by or on 
 52.34  behalf of that person and the person does not have a legal 
 52.35  guardian or the state or a designee of the state is the legal 
 52.36  guardian of the person; 
 53.1      (12) to the county medical examiner or the county coroner 
 53.2   for identifying or locating relatives or friends of a deceased 
 53.3   person; 
 53.4      (13) data on a child support obligor who makes payments to 
 53.5   the public agency may be disclosed to the higher education 
 53.6   services office to the extent necessary to determine eligibility 
 53.7   under section 136A.121, subdivision 2, clause (5); 
 53.8      (14) participant social security numbers and names 
 53.9   collected by the telephone assistance program may be disclosed 
 53.10  to the department of revenue to conduct an electronic data match 
 53.11  with the property tax refund database to determine eligibility 
 53.12  under section 237.70, subdivision 4a; 
 53.13     (15) the current address of a Minnesota family investment 
 53.14  program participant may be disclosed to law enforcement officers 
 53.15  who provide the name of the participant and notify the agency 
 53.16  that: 
 53.17     (i) the participant: 
 53.18     (A) is a fugitive felon fleeing to avoid prosecution, or 
 53.19  custody or confinement after conviction, for a crime or attempt 
 53.20  to commit a crime that is a felony under the laws of the 
 53.21  jurisdiction from which the individual is fleeing; or 
 53.22     (B) is violating a condition of probation or parole imposed 
 53.23  under state or federal law; 
 53.24     (ii) the location or apprehension of the felon is within 
 53.25  the law enforcement officer's official duties; and 
 53.26     (iii)  the request is made in writing and in the proper 
 53.27  exercise of those duties; 
 53.28     (16) the current address of a recipient of general 
 53.29  assistance or general assistance medical care may be disclosed 
 53.30  to probation officers and corrections agents who are supervising 
 53.31  the recipient and to law enforcement officers who are 
 53.32  investigating the recipient in connection with a felony level 
 53.33  offense; 
 53.34     (17) information obtained from food stamp applicant or 
 53.35  recipient households may be disclosed to local, state, or 
 53.36  federal law enforcement officials, upon their written request, 
 54.1   for the purpose of investigating an alleged violation of the 
 54.2   Food Stamp Act, according to Code of Federal Regulations, title 
 54.3   7, section 272.1(c); 
 54.4      (18) the address, social security number, and, if 
 54.5   available, photograph of any member of a household receiving 
 54.6   food stamps shall be made available, on request, to a local, 
 54.7   state, or federal law enforcement officer if the officer 
 54.8   furnishes the agency with the name of the member and notifies 
 54.9   the agency that:  
 54.10     (i) the member: 
 54.11     (A) is fleeing to avoid prosecution, or custody or 
 54.12  confinement after conviction, for a crime or attempt to commit a 
 54.13  crime that is a felony in the jurisdiction the member is 
 54.14  fleeing; 
 54.15     (B) is violating a condition of probation or parole imposed 
 54.16  under state or federal law; or 
 54.17     (C) has information that is necessary for the officer to 
 54.18  conduct an official duty related to conduct described in subitem 
 54.19  (A) or (B); 
 54.20     (ii) locating or apprehending the member is within the 
 54.21  officer's official duties; and 
 54.22     (iii) the request is made in writing and in the proper 
 54.23  exercise of the officer's official duty; 
 54.24     (19) the current address of a recipient of Minnesota family 
 54.25  investment program, general assistance, general assistance 
 54.26  medical care, or food stamps may be disclosed to law enforcement 
 54.27  officers who, in writing, provide the name of the recipient and 
 54.28  notify the agency that the recipient is a person required to 
 54.29  register under section 243.166, but is not residing at the 
 54.30  address at which the recipient is registered under section 
 54.31  243.166; 
 54.32     (20) certain information regarding child support obligors 
 54.33  who are in arrears may be made public according to section 
 54.34  518.575; 
 54.35     (21) data on child support payments made by a child support 
 54.36  obligor and data on the distribution of those payments excluding 
 55.1   identifying information on obligees may be disclosed to all 
 55.2   obligees to whom the obligor owes support, and data on the 
 55.3   enforcement actions undertaken by the public authority, the 
 55.4   status of those actions, and data on the income of the obligor 
 55.5   or obligee may be disclosed to the other party; 
 55.6      (22) data in the work reporting system may be disclosed 
 55.7   under section 256.998, subdivision 7; 
 55.8      (23) to the department of children, families, and learning 
 55.9   for the purpose of matching department of children, families, 
 55.10  and learning student data with public assistance data to 
 55.11  determine students eligible for free and reduced price meals, 
 55.12  meal supplements, and free milk according to United States Code, 
 55.13  title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to 
 55.14  allocate federal and state funds that are distributed based on 
 55.15  income of the student's family; and to verify receipt of energy 
 55.16  assistance for the telephone assistance plan; 
 55.17     (24) the current address and telephone number of program 
 55.18  recipients and emergency contacts may be released to the 
 55.19  commissioner of health or a local board of health as defined in 
 55.20  section 145A.02, subdivision 2, when the commissioner or local 
 55.21  board of health has reason to believe that a program recipient 
 55.22  is a disease case, carrier, suspect case, or at risk of illness, 
 55.23  and the data are necessary to locate the person; 
 55.24     (25) to other state agencies, statewide systems, and 
 55.25  political subdivisions of this state, including the attorney 
 55.26  general, and agencies of other states, interstate information 
 55.27  networks, federal agencies, and other entities as required by 
 55.28  federal regulation or law for the administration of the child 
 55.29  support enforcement program; 
 55.30     (26) to personnel of public assistance programs as defined 
 55.31  in section 256.741, for access to the child support system 
 55.32  database for the purpose of administration, including monitoring 
 55.33  and evaluation of those public assistance programs; 
 55.34     (27) to monitor and evaluate the Minnesota family 
 55.35  investment program by exchanging data between the departments of 
 55.36  human services and children, families, and learning, on 
 56.1   recipients and former recipients of food stamps, cash assistance 
 56.2   under chapter 256, 256D, 256J, or 256K, child care assistance 
 56.3   under chapter 119B, or medical programs under chapter 256B, 
 56.4   256D, or 256L; or 
 56.5      (28) to evaluate child support program performance and to 
 56.6   identify and prevent fraud in the child support program by 
 56.7   exchanging data between the department of human services, 
 56.8   department of revenue under section 270B.14, subdivision 1, 
 56.9   paragraphs (a) and (b), without regard to the limitation of use 
 56.10  in paragraph (c), department of health, department of economic 
 56.11  security, and other state agencies as is reasonably necessary to 
 56.12  perform these functions; or 
 56.13     (29) counties operating child care assistance programs 
 56.14  under chapter 119B may disseminate data on program participants, 
 56.15  applicants, and providers to the commissioner of children, 
 56.16  families, and learning.  
 56.17     (b) Information on persons who have been treated for drug 
 56.18  or alcohol abuse may only be disclosed according to the 
 56.19  requirements of Code of Federal Regulations, title 42, sections 
 56.20  2.1 to 2.67. 
 56.21     (c) Data provided to law enforcement agencies under 
 56.22  paragraph (a), clause (15), (16), (17), or (18), or paragraph 
 56.23  (b), are investigative data and are confidential or protected 
 56.24  nonpublic while the investigation is active.  The data are 
 56.25  private after the investigation becomes inactive under section 
 56.26  13.82, subdivision 5, paragraph (a) or (b). 
 56.27     (d) Mental health data shall be treated as provided in 
 56.28  subdivisions 7, 8, and 9, but is not subject to the access 
 56.29  provisions of subdivision 10, paragraph (b). 
 56.30     For the purposes of this subdivision, a request will be 
 56.31  deemed to be made in writing if made through a computer 
 56.32  interface system. 
 56.33     Sec. 5.  Minnesota Statutes 2000, section 119B.02, is 
 56.34  amended by adding a subdivision to read: 
 56.35     Subd. 6.  [DATA.] Data on individuals collected by the 
 56.36  commissioner for purposes of administering this chapter are 
 57.1   private data on individuals as defined in section 13.02. 
 57.2      Sec. 6.  Minnesota Statutes 2000, section 120A.22, 
 57.3   subdivision 7, is amended to read: 
 57.4      Subd. 7.  [EDUCATION RECORDS.] (a) A district from which a 
 57.5   student is transferring must transmit the student's educational 
 57.6   records, within ten business days of a request, to the district 
 57.7   in which the student is enrolling.  Districts must make 
 57.8   reasonable efforts to determine the district in which a 
 57.9   transferring student is next enrolling in order to comply with 
 57.10  this subdivision. 
 57.11     (b) A school district that transmits a student's 
 57.12  educational records to another school district or other 
 57.13  educational entity to which the student is transferring must 
 57.14  include in the transmitted records information about 
 57.15  disciplinary action taken as a result of any incident in which 
 57.16  the student possessed or used a dangerous weapon.  
 57.17     (c) School districts must establish and implement 
 57.18  procedures for the accurate and timely transfer of educational 
 57.19  records, including individual education plans and special 
 57.20  education evaluation reports, to education facilities including 
 57.21  facilities that admit children and provide an education program 
 57.22  specifically designed for children who are residents of the 
 57.23  facility including chemical dependency and other substance abuse 
 57.24  programs, shelter care facilities, hospitals, correctional 
 57.25  facilities, mental health programs, and detention facilities 
 57.26  within the ten-day limit imposed by statute.  These procedures 
 57.27  must be in place and operational year-round. 
 57.28     Sec. 7.  Minnesota Statutes 2000, section 122A.31, 
 57.29  subdivision 2, is amended to read: 
 57.30     Subd. 2.  [ORAL OR CUED SPEECH TRANSLITERATORS.] (a) In 
 57.31  addition to any other requirements that a school district 
 57.32  establishes, any person employed to provide oral transliterating 
 57.33  or cued speech transliterating services on a full-time or 
 57.34  part-time basis for a school district after July 1, 2000, must 
 57.35  hold a current applicable transliterator certificate awarded by 
 57.36  the national certifying association or comparable state 
 58.1   certification from the commissioner of children, families, and 
 58.2   learning. 
 58.3      (b) To provide oral or cued speech transliterator services 
 58.4   on a full-time or part-time basis, a person employed in a school 
 58.5   district must comply with paragraph (a).  The commissioner shall 
 58.6   grant a nonrenewable, two-year certificate to a school district 
 58.7   on behalf of a person who has not yet attained a current 
 58.8   applicable transliterator certificate pursuant to paragraph 
 58.9   (a).  A person for whom a nonrenewable, two-year certificate is 
 58.10  issued must work under the direction of a licensed teacher who 
 58.11  is skilled in language development of individuals who are deaf 
 58.12  or hard-of-hearing.  A person for whom a nonrenewable, two-year 
 58.13  certificate is issued must also enroll in state-approved 
 58.14  training and demonstrate progress towards the certification 
 58.15  required under paragraph (a) sufficient for the person to be 
 58.16  certified at the end of the two-year period. 
 58.17     Sec. 8.  Minnesota Statutes 2000, section 125A.023, 
 58.18  subdivision 4, is amended to read: 
 58.19     Subd. 4.  [STATE INTERAGENCY COMMITTEE.] (a) The governor 
 58.20  shall convene an 18-member a 19-member interagency committee to 
 58.21  develop and implement a coordinated, multidisciplinary, 
 58.22  interagency intervention service system for children ages three 
 58.23  to 21 with disabilities.  The commissioners of commerce, 
 58.24  children, families, and learning, health, human rights, human 
 58.25  services, economic security, and corrections shall each appoint 
 58.26  two committee members from their departments; the association of 
 58.27  Minnesota counties shall appoint two county representatives, one 
 58.28  of whom must be an elected official, as committee members; and 
 58.29  the Minnesota school boards association, the Minnesota 
 58.30  administrators of special education, and the school nurse 
 58.31  association of Minnesota shall each appoint one committee 
 58.32  member.  The committee shall select a chair from among its 
 58.33  members. 
 58.34     (b) The committee shall: 
 58.35     (1) identify and assist in removing state and federal 
 58.36  barriers to local coordination of services provided to children 
 59.1   with disabilities; 
 59.2      (2) identify adequate, equitable, and flexible funding 
 59.3   sources to streamline these services; 
 59.4      (3) develop guidelines for implementing policies that 
 59.5   ensure a comprehensive and coordinated system of all state and 
 59.6   local agency services, including multidisciplinary assessment 
 59.7   practices for children with disabilities ages three to 21; 
 59.8      (4) develop, consistent with federal law, a standardized 
 59.9   written plan for providing services to a child with 
 59.10  disabilities; 
 59.11     (5) identify how current systems for dispute resolution can 
 59.12  be coordinated and develop guidelines for that coordination; 
 59.13     (6) develop an evaluation process to measure the success of 
 59.14  state and local interagency efforts in improving the quality and 
 59.15  coordination of services to children with disabilities ages 
 59.16  three to 21; 
 59.17     (7) develop guidelines to assist the governing boards of 
 59.18  the interagency early intervention committees in carrying out 
 59.19  the duties assigned in section 125A.027, subdivision 1, 
 59.20  paragraph (b); and 
 59.21     (8) carry out other duties necessary to develop and 
 59.22  implement within communities a coordinated, multidisciplinary, 
 59.23  interagency intervention service system for children with 
 59.24  disabilities. 
 59.25     (c) The committee shall consult on an ongoing basis with 
 59.26  the state education advisory committee for special education and 
 59.27  the governor's interagency coordinating council in carrying out 
 59.28  its duties under this section, including assisting the governing 
 59.29  boards of the interagency early intervention committees. 
 59.30     Sec. 9.  Minnesota Statutes 2000, section 125A.027, is 
 59.31  amended by adding a subdivision to read: 
 59.32     Subd. 4.  [RESPONSIBILITIES OF SCHOOL AND COUNTY 
 59.33  BOARDS.] (a) It is the joint responsibility of school and county 
 59.34  boards to coordinate, provide, and pay for appropriate services, 
 59.35  and to facilitate payment for services from public and private 
 59.36  sources.  Appropriate service for children eligible under 
 60.1   section 125A.02 and receiving service from two or more public 
 60.2   agencies of which one is the public school must be determined in 
 60.3   consultation with parents, physicians, and other education, 
 60.4   medical health, and human services providers.  The services 
 60.5   provided must be in conformity with an Individual Interagency 
 60.6   Intervention Plan (IIIP) for each eligible child ages 3 to 21. 
 60.7      (b) Appropriate services include those services listed on a 
 60.8   child's IIIP.  These services are those that are required to be 
 60.9   documented on a plan under federal and state law or rule. 
 60.10     (c) School and county boards shall coordinate interagency 
 60.11  services.  Service responsibilities for eligible children, ages 
 60.12  3 to 21, shall be established in interagency agreements or joint 
 60.13  powers board agreements.  In addition, interagency agreements or 
 60.14  joint powers board agreements shall be developed to establish 
 60.15  agency responsibility that assures that coordinated interagency 
 60.16  services are coordinated, provided, and paid for, and that 
 60.17  payment is facilitated from public and private sources.  School 
 60.18  boards must provide, pay for, and facilitate payment for special 
 60.19  education services as required under sections 125A.05 and 
 60.20  125A.06.  County boards must provide, pay for, and facilitate 
 60.21  payment for those programs over which they have service and 
 60.22  fiscal responsibility as referenced in section 125A.023, 
 60.23  subdivision 3, paragraph (d), clause (1). 
 60.24     Sec. 10.  Minnesota Statutes 2000, section 125A.09, 
 60.25  subdivision 11, is amended to read: 
 60.26     Subd. 11.  [HEARING REVIEW OFFICER'S QUALIFICATIONS.] The 
 60.27  commissioner must select an individual who has the 
 60.28  qualifications enumerated in this subdivision to serve as the 
 60.29  hearing review officer: 
 60.30     (1) the individual must be knowledgeable and impartial; 
 60.31     (2) the individual must not have a personal interest in or 
 60.32  specific involvement with the student who is a party to the 
 60.33  hearing; 
 60.34     (3) the individual must not have been employed as an 
 60.35  administrator by the district that is a party to the hearing; 
 60.36     (4) the individual must not have been involved in the 
 61.1   selection of the administrators of the district that is a party 
 61.2   to the hearing; 
 61.3      (5) the individual must not have a personal, economic, or 
 61.4   professional interest in the outcome of the hearing other than 
 61.5   the proper administration of the federal and state laws, rules, 
 61.6   and policies; 
 61.7      (6) the individual must not have substantial involvement in 
 61.8   the development of a state or local policy or procedures that 
 61.9   are challenged in the appeal; 
 61.10     (7) the individual is not a current employee or board 
 61.11  member of a Minnesota public school district, education 
 61.12  district, intermediate unit or regional education agency or the 
 61.13  department; and 
 61.14     (8) (7) the individual is not a current employee or board 
 61.15  member of a disability advocacy organization or group. 
 61.16     Sec. 11.  Minnesota Statutes 2000, section 125A.11, 
 61.17  subdivision 3, is amended to read: 
 61.18     Subd. 3.  [AGREEMENT BETWEEN DISTRICTS TO PROVIDE SPECIAL 
 61.19  INSTRUCTION AND SERVICES.] For the purposes of this section, any 
 61.20  school district may enter into an agreement, upon mutually 
 61.21  agreed upon terms and conditions, to provide special instruction 
 61.22  and services for children with a disability.  In that event, one 
 61.23  of the participating units may employ and contract with 
 61.24  necessary qualified personnel to offer services in the several 
 61.25  districts.  Each participating unit must reimburse the employing 
 61.26  unit a proportionate amount of the actual cost of providing the 
 61.27  special instruction and services, less the amount of state 
 61.28  special education aid, which shall be claimed in full by the 
 61.29  employing district.  
 61.30     Sec. 12.  Minnesota Statutes 2000, section 125A.27, 
 61.31  subdivision 15, is amended to read: 
 61.32     Subd. 15.  [PART H C STATE PLAN.] "Part H C state plan" 
 61.33  means the annual state plan application approved by the federal 
 61.34  government under the Individuals with Disabilities Education 
 61.35  Act, United States Code, title 20, section 1471 et seq. (Part H 
 61.36  C, Public Law Number 102-119 105-117). 
 62.1      Sec. 13.  Minnesota Statutes 2000, section 125A.515, is 
 62.2   amended to read: 
 62.3      125A.515 [PLACEMENT OF CHILDREN WITHOUT DISABILITIES; 
 62.4   APPROVAL OF EDUCATION PROGRAM.] 
 62.5      The commissioner shall approve education programs in care 
 62.6   and treatment facilities for placement of children without 
 62.7   disabilities, including detention centers, before being licensed 
 62.8   by the department of human services or the department of 
 62.9   corrections.  For the purposes of this section, care and 
 62.10  treatment facilities includes adult facilities that admit 
 62.11  children and provide an education program specifically designed 
 62.12  for children who are residents of the facility including 
 62.13  chemical dependency and other substance abuse programs, shelter 
 62.14  care facilities, hospitals, correctional facilities, mental 
 62.15  health programs, and detention facilities. 
 62.16     Sec. 14.  Minnesota Statutes 2000, section 125A.76, 
 62.17  subdivision 1, is amended to read: 
 62.18     Subdivision 1.  [DEFINITIONS.] For the purposes of this 
 62.19  section, the definitions in this subdivision apply. 
 62.20     (a) "Base year" for fiscal year 1998 and later fiscal years 
 62.21  means the second fiscal year preceding the fiscal year for which 
 62.22  aid will be paid. 
 62.23     (b) "Basic revenue" has the meaning given it in section 
 62.24  126C.10, subdivision 2.  For the purposes of computing basic 
 62.25  revenue pursuant to this section, each child with a disability 
 62.26  shall be counted as prescribed in section 126C.05, subdivision 1.
 62.27     (c) "Essential personnel" means teachers, cultural 
 62.28  liaisons, related services, and support services staff providing 
 62.29  direct services to students.  Essential personnel may also 
 62.30  include special education paraprofessionals or clericals 
 62.31  providing support to teachers and students by preparing 
 62.32  paperwork and making arrangements related to special education 
 62.33  compliance requirements, including parent meetings and 
 62.34  individual education plans. 
 62.35     (d) "Average daily membership" has the meaning given it in 
 62.36  section 126C.05. 
 63.1      (e) "Program growth factor" means 1.08 for fiscal year 
 63.2   2002, and 1.046 for fiscal year 2003 and later. 
 63.3      Sec. 15.  Minnesota Statutes 2000, section 125A.76, 
 63.4   subdivision 2, is amended to read: 
 63.5      Subd. 2.  [SPECIAL EDUCATION BASE REVENUE.] (a) The special 
 63.6   education base revenue equals the sum of the following amounts 
 63.7   computed using base year data: 
 63.8      (1) 68 percent of the salary of each essential person 
 63.9   employed in the district's program for children with a 
 63.10  disability during the fiscal year, not including the share of 
 63.11  salaries for personnel providing health-related services counted 
 63.12  in clause (8), whether the person is employed by one or more 
 63.13  districts or a Minnesota correctional facility operating on a 
 63.14  fee-for-service basis; 
 63.15     (2) for the Minnesota state academy for the deaf or the 
 63.16  Minnesota state academy for the blind, 68 percent of the salary 
 63.17  of each instructional aide assigned to a child attending the 
 63.18  academy, if that aide is required by the child's individual 
 63.19  education plan; 
 63.20     (3) for special instruction and services provided to any 
 63.21  pupil by contracting with public, private, or voluntary agencies 
 63.22  other than school districts, in place of special instruction and 
 63.23  services provided by the district, 52 percent of the difference 
 63.24  between the amount of the contract and the basic revenue of the 
 63.25  district for that pupil amount of the basic revenue, as defined 
 63.26  in section 126C.10, subdivision 2, special education aid, and 
 63.27  any other aid earned on behalf of the child for the fraction of 
 63.28  the school day the pupil receives services under the contract; 
 63.29     (4) for special instruction and services provided to any 
 63.30  pupil by contracting for services with public, private, or 
 63.31  voluntary agencies other than school districts, that are 
 63.32  supplementary to a full educational program provided by the 
 63.33  school district, 52 percent of the amount of the contract for 
 63.34  that pupil; 
 63.35     (5) for supplies and equipment purchased or rented for use 
 63.36  in the instruction of children with a disability, not including 
 64.1   the portion of the expenses for supplies and equipment used to 
 64.2   provide health-related services counted in clause (8), an amount 
 64.3   equal to 47 percent of the sum actually expended by the 
 64.4   district, or a Minnesota correctional facility operating on a 
 64.5   fee-for-service basis, but not to exceed an average of $47 in 
 64.6   any one school year for each child with a disability receiving 
 64.7   instruction; 
 64.8      (6) for fiscal years 1997 and later, special education base 
 64.9   revenue shall include amounts under clauses (1) to (5) for 
 64.10  special education summer programs provided during the base year 
 64.11  for that fiscal year; and 
 64.12     (7) for fiscal years 1999 and later, the cost of providing 
 64.13  transportation services for children with disabilities under 
 64.14  section 123B.92, subdivision 1, paragraph (b), clause (4). 
 64.15     The department shall establish procedures through the 
 64.16  uniform financial accounting and reporting system to identify 
 64.17  and track all revenues generated from third-party billings as 
 64.18  special education revenue at the school district level; include 
 64.19  revenue generated from third-party billings as special education 
 64.20  revenue in the annual cross-subsidy report; and exclude 
 64.21  third-party revenue from calculation of excess cost aid to the 
 64.22  districts. 
 64.23     (b) If requested by a school district operating a special 
 64.24  education program during the base year for less than the full 
 64.25  fiscal year, or a school district in which is located a 
 64.26  Minnesota correctional facility operating on a fee-for-service 
 64.27  basis for less than the full fiscal year, the commissioner may 
 64.28  adjust the base revenue to reflect the expenditures that would 
 64.29  have occurred during the base year had the program been operated 
 64.30  for the full fiscal year. 
 64.31     (c) Notwithstanding paragraphs (a) and (b), the portion of 
 64.32  a school district's base revenue attributable to a Minnesota 
 64.33  correctional facility operating on a fee-for-service basis 
 64.34  during the facility's first year of operating on a 
 64.35  fee-for-service basis shall be computed using current year data. 
 64.36     Sec. 16.  Minnesota Statutes 2000, section 256.045, 
 65.1   subdivision 3b, is amended to read: 
 65.2      Subd. 3b.  [STANDARD OF EVIDENCE FOR MALTREATMENT 
 65.3   HEARINGS.] The state human services referee shall determine that 
 65.4   maltreatment has occurred if a preponderance of evidence exists 
 65.5   to support the final disposition under sections 626.556 and 
 65.6   626.557. 
 65.7      The state human services referee shall recommend an order 
 65.8   to the commissioner of health, children, families, and learning, 
 65.9   or human services, as applicable, who shall issue a final 
 65.10  order.  The commissioner shall affirm, reverse, or modify the 
 65.11  final disposition.  Any order of the commissioner issued in 
 65.12  accordance with this subdivision is conclusive upon the parties 
 65.13  unless appeal is taken in the manner provided in subdivision 7.  
 65.14  In any licensing appeal under chapter 245A and sections 144.50 
 65.15  to 144.58 and 144A.02 to 144A.46, the commissioner's 
 65.16  determination as to maltreatment is conclusive. 
 65.17     Sec. 17.  Minnesota Statutes 2000, section 626.556, 
 65.18  subdivision 2, is amended to read: 
 65.19     Subd. 2.  [DEFINITIONS.] As used in this section, the 
 65.20  following terms have the meanings given them unless the specific 
 65.21  content indicates otherwise: 
 65.22     (a) "Sexual abuse" means the subjection of a child by a 
 65.23  person responsible for the child's care, by a person who has a 
 65.24  significant relationship to the child, as defined in section 
 65.25  609.341, or by a person in a position of authority, as defined 
 65.26  in section 609.341, subdivision 10, to any act which constitutes 
 65.27  a violation of section 609.342 (criminal sexual conduct in the 
 65.28  first degree), 609.343 (criminal sexual conduct in the second 
 65.29  degree), 609.344 (criminal sexual conduct in the third degree), 
 65.30  609.345 (criminal sexual conduct in the fourth degree), or 
 65.31  609.3451 (criminal sexual conduct in the fifth degree).  Sexual 
 65.32  abuse also includes any act which involves a minor which 
 65.33  constitutes a violation of prostitution offenses under sections 
 65.34  609.321 to 609.324 or 617.246.  Sexual abuse includes threatened 
 65.35  sexual abuse.  
 65.36     (b) "Person responsible for the child's care" means (1) an 
 66.1   individual functioning within the family unit and having 
 66.2   responsibilities for the care of the child such as a parent, 
 66.3   guardian, or other person having similar care responsibilities, 
 66.4   or (2) an individual functioning outside the family unit and 
 66.5   having responsibilities for the care of the child such as a 
 66.6   teacher, school administrator, other school employees or agents, 
 66.7   or other lawful custodian of a child having either full-time or 
 66.8   short-term care responsibilities including, but not limited to, 
 66.9   day care, babysitting whether paid or unpaid, counseling, 
 66.10  teaching, and coaching.  
 66.11     (c) "Neglect" means: 
 66.12     (1) failure by a person responsible for a child's care to 
 66.13  supply a child with necessary food, clothing, shelter, health, 
 66.14  medical, or other care required for the child's physical or 
 66.15  mental health when reasonably able to do so; 
 66.16     (2) failure to protect a child from conditions or actions 
 66.17  which imminently and seriously endanger the child's physical or 
 66.18  mental health when reasonably able to do so; 
 66.19     (3) failure to provide for necessary supervision or child 
 66.20  care arrangements appropriate for a child after considering 
 66.21  factors as the child's age, mental ability, physical condition, 
 66.22  length of absence, or environment, when the child is unable to 
 66.23  care for the child's own basic needs or safety, or the basic 
 66.24  needs or safety of another child in their care; 
 66.25     (4) failure to ensure that the child is educated as defined 
 66.26  in sections 120A.22 and 260C.163, subdivision 11; 
 66.27     (5) nothing in this section shall be construed to mean that 
 66.28  a child is neglected solely because the child's parent, 
 66.29  guardian, or other person responsible for the child's care in 
 66.30  good faith selects and depends upon spiritual means or prayer 
 66.31  for treatment or care of disease or remedial care of the child 
 66.32  in lieu of medical care; except that a parent, guardian, or 
 66.33  caretaker, or a person mandated to report pursuant to 
 66.34  subdivision 3, has a duty to report if a lack of medical care 
 66.35  may cause serious danger to the child's health.  This section 
 66.36  does not impose upon persons, not otherwise legally responsible 
 67.1   for providing a child with necessary food, clothing, shelter, 
 67.2   education, or medical care, a duty to provide that care; 
 67.3      (6) prenatal exposure to a controlled substance, as defined 
 67.4   in section 253B.02, subdivision 2, used by the mother for a 
 67.5   nonmedical purpose, as evidenced by withdrawal symptoms in the 
 67.6   child at birth, results of a toxicology test performed on the 
 67.7   mother at delivery or the child at birth, or medical effects or 
 67.8   developmental delays during the child's first year of life that 
 67.9   medically indicate prenatal exposure to a controlled substance; 
 67.10     (7) "medical neglect" as defined in section 260C.007, 
 67.11  subdivision 4, clause (5); 
 67.12     (8) chronic and severe use of alcohol or a controlled 
 67.13  substance by a parent or person responsible for the care of the 
 67.14  child that adversely affects the child's basic needs and safety; 
 67.15  or 
 67.16     (9) emotional harm from a pattern of behavior which 
 67.17  contributes to impaired emotional functioning of the child which 
 67.18  may be demonstrated by a substantial and observable effect in 
 67.19  the child's behavior, emotional response, or cognition that is 
 67.20  not within the normal range for the child's age and stage of 
 67.21  development, with due regard to the child's culture. 
 67.22     (d) "Physical abuse" means any physical injury, mental 
 67.23  injury, or threatened injury, inflicted by a person responsible 
 67.24  for the child's care on a child other than by accidental means, 
 67.25  or any physical or mental injury that cannot reasonably be 
 67.26  explained by the child's history of injuries, or any aversive 
 67.27  and deprivation procedures that have not been authorized under 
 67.28  section 245.825.  Abuse does not include reasonable and moderate 
 67.29  physical discipline of a child administered by a parent or legal 
 67.30  guardian which does not result in an injury.  Abuse does not 
 67.31  include reasonable force used by a teacher, principal, or school 
 67.32  employee as allowed by section 121A.582.  Actions which are not 
 67.33  reasonable and moderate include, but are not limited to, any of 
 67.34  the following that are done in anger or without regard to the 
 67.35  safety of the child: 
 67.36     (1) throwing, kicking, burning, biting, or cutting a child; 
 68.1      (2) striking a child with a closed fist; 
 68.2      (3) shaking a child under age three; 
 68.3      (4) striking or other actions which result in any 
 68.4   nonaccidental injury to a child under 18 months of age; 
 68.5      (5) unreasonable interference with a child's breathing; 
 68.6      (6) threatening a child with a weapon, as defined in 
 68.7   section 609.02, subdivision 6; 
 68.8      (7) striking a child under age one on the face or head; 
 68.9      (8) purposely giving a child poison, alcohol, or dangerous, 
 68.10  harmful, or controlled substances which were not prescribed for 
 68.11  the child by a practitioner, in order to control or punish the 
 68.12  child; or other substances that substantially affect the child's 
 68.13  behavior, motor coordination, or judgment or that results in 
 68.14  sickness or internal injury, or subjects the child to medical 
 68.15  procedures that would be unnecessary if the child were not 
 68.16  exposed to the substances; or 
 68.17     (9) unreasonable physical confinement or restraint not 
 68.18  permitted under section 609.379, including but not limited to 
 68.19  tying, caging, or chaining; or 
 68.20     (10) in a school facility or school zone, an act by a 
 68.21  person responsible for the child's care that is a violation 
 68.22  under section 121A.58. 
 68.23     (e) "Report" means any report received by the local welfare 
 68.24  agency, police department, or county sheriff, or agency 
 68.25  responsible for assessing or investigating maltreatment pursuant 
 68.26  to this section. 
 68.27     (f) "Facility" means a licensed or unlicensed day care 
 68.28  facility, residential facility, agency, hospital, sanitarium, or 
 68.29  other facility or institution required to be licensed under 
 68.30  sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or 
 68.31  chapter 245B; or a school as defined in sections 120A.05, 
 68.32  subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed 
 68.33  personal care provider organization as defined in sections 
 68.34  256B.04, subdivision 16, and 256B.0625, subdivision 19a. 
 68.35     (g) "Operator" means an operator or agency as defined in 
 68.36  section 245A.02.  
 69.1      (h) "Commissioner" means the commissioner of human services.
 69.2      (i) "Assessment" includes authority to interview the child, 
 69.3   the person or persons responsible for the child's care, the 
 69.4   alleged perpetrator, and any other person with knowledge of the 
 69.5   abuse or neglect for the purpose of gathering the facts, 
 69.6   assessing the risk to the child, and formulating a plan.  
 69.7      (j) "Practice of social services," for the purposes of 
 69.8   subdivision 3, includes but is not limited to employee 
 69.9   assistance counseling and the provision of guardian ad litem and 
 69.10  parenting time expeditor services.  
 69.11     (k) "Mental injury" means an injury to the psychological 
 69.12  capacity or emotional stability of a child as evidenced by an 
 69.13  observable or substantial impairment in the child's ability to 
 69.14  function within a normal range of performance and behavior with 
 69.15  due regard to the child's culture. 
 69.16     (l) "Threatened injury" means a statement, overt act, 
 69.17  condition, or status that represents a substantial risk of 
 69.18  physical or sexual abuse or mental injury. 
 69.19     (m) Persons who conduct assessments or investigations under 
 69.20  this section shall take into account accepted child-rearing 
 69.21  practices of the culture in which a child participates and 
 69.22  accepted teacher discipline practices, which are not injurious 
 69.23  to the child's health, welfare, and safety. 
 69.24     Sec. 18.  Minnesota Statutes 2000, section 626.556, 
 69.25  subdivision 3, is amended to read: 
 69.26     Subd. 3.  [PERSONS MANDATED TO REPORT.] (a) A person who 
 69.27  knows or has reason to believe a child is being neglected or 
 69.28  physically or sexually abused, as defined in subdivision 2, or 
 69.29  has been neglected or physically or sexually abused within the 
 69.30  preceding three years, shall immediately report the information 
 69.31  to the local welfare agency, agency responsible for assessing or 
 69.32  investigating the report, police department, or the county 
 69.33  sheriff if the person is:  
 69.34     (1) a professional or professional's delegate who is 
 69.35  engaged in the practice of the healing arts, social services, 
 69.36  hospital administration, psychological or psychiatric treatment, 
 70.1   child care, education, or law enforcement; or 
 70.2      (2) employed as a member of the clergy and received the 
 70.3   information while engaged in ministerial duties, provided that a 
 70.4   member of the clergy is not required by this subdivision to 
 70.5   report information that is otherwise privileged under section 
 70.6   595.02, subdivision 1, paragraph (c).  
 70.7      The police department or the county sheriff, upon receiving 
 70.8   a report, shall immediately notify the local welfare agency or 
 70.9   agency responsible for assessing or investigating the report, 
 70.10  orally and in writing.  The local welfare agency, or agency 
 70.11  responsible for assessing or investigating the report, upon 
 70.12  receiving a report, shall immediately notify the local police 
 70.13  department or the county sheriff orally and in writing.  The 
 70.14  county sheriff and the head of every local welfare agency, 
 70.15  agency responsible for assessing or investigating reports, and 
 70.16  police department shall each designate a person within their 
 70.17  agency, department, or office who is responsible for ensuring 
 70.18  that the notification duties of this paragraph and paragraph (b) 
 70.19  are carried out.  Nothing in this subdivision shall be construed 
 70.20  to require more than one report from any institution, facility, 
 70.21  school, or agency. 
 70.22     (b) Any person may voluntarily report to the local welfare 
 70.23  agency, agency responsible for assessing or investigating the 
 70.24  report, police department, or the county sheriff if the person 
 70.25  knows, has reason to believe, or suspects a child is being or 
 70.26  has been neglected or subjected to physical or sexual abuse.  
 70.27  The police department or the county sheriff, upon receiving a 
 70.28  report, shall immediately notify the local welfare agency or 
 70.29  agency responsible for assessing or investigating the report, 
 70.30  orally and in writing.  The local welfare agency or agency 
 70.31  responsible for assessing or investigating the report, upon 
 70.32  receiving a report, shall immediately notify the local police 
 70.33  department or the county sheriff orally and in writing. 
 70.34     (c) A person mandated to report physical or sexual child 
 70.35  abuse or neglect occurring within a licensed facility shall 
 70.36  report the information to the agency responsible for licensing 
 71.1   the facility under sections 144.50 to 144.58; 241.021; 245A.01 
 71.2   to 245A.16; or chapter 245B, or a school as defined in sections 
 71.3   120A.05, subdivisions 9, 11, and 13; and 124D.10; or a 
 71.4   nonlicensed personal care provider organization as defined in 
 71.5   sections 256B.04, subdivision 16; and 256B.0625, subdivision 
 71.6   19.  A health or corrections agency receiving a report may 
 71.7   request the local welfare agency to provide assistance pursuant 
 71.8   to subdivisions 10, 10a, and 10b.  A board or other entity whose 
 71.9   licensees perform work within a school facility, upon receiving 
 71.10  a complaint that indicates maltreatment, shall provide 
 71.11  information about the circumstances of the alleged maltreatment 
 71.12  to the commissioner of children, families, and learning.  
 71.13  Section 13.03, subdivision 4, applies to data received by the 
 71.14  commissioner of children, families, and learning from a 
 71.15  licensing entity.  
 71.16     (d) Any person mandated to report shall receive a summary 
 71.17  of the disposition of any report made by that reporter, 
 71.18  including whether the case has been opened for child protection 
 71.19  or other services, or if a referral has been made to a community 
 71.20  organization, unless release would be detrimental to the best 
 71.21  interests of the child.  Any person who is not mandated to 
 71.22  report shall, upon request to the local welfare agency, receive 
 71.23  a concise summary of the disposition of any report made by that 
 71.24  reporter, unless release would be detrimental to the best 
 71.25  interests of the child. 
 71.26     (e) For purposes of this subdivision, "immediately" means 
 71.27  as soon as possible but in no event longer than 24 hours. 
 71.28     Sec. 19.  Minnesota Statutes 2000, section 626.556, 
 71.29  subdivision 4, is amended to read: 
 71.30     Subd. 4.  [IMMUNITY FROM LIABILITY.] (a) The following 
 71.31  persons are immune from any civil or criminal liability that 
 71.32  otherwise might result from their actions, if they are acting in 
 71.33  good faith: 
 71.34     (1) any person making a voluntary or mandated report under 
 71.35  subdivision 3 or under section 626.5561 or assisting in an 
 71.36  assessment under this section or under section 626.5561; 
 72.1      (2) any person with responsibility for performing duties 
 72.2   under this section or supervisor employed by a local welfare 
 72.3   agency, the commissioner of an agency responsible for operating 
 72.4   or supervising a licensed or unlicensed day care facility, 
 72.5   residential facility, agency, hospital, sanitarium, or other 
 72.6   facility or institution required to be licensed under sections 
 72.7   144.50 to 144.58; 241.021; 245A.01 to 245A.16; or 245B, or a 
 72.8   school as defined in sections 120A.05, subdivisions 9, 11, and 
 72.9   13; and 124D.10; or a nonlicensed personal care provider 
 72.10  organization as defined in sections 256B.04, subdivision 16; and 
 72.11  256B.0625, subdivision 19a, complying with subdivision 10d; and 
 72.12     (3) any public or private school, facility as defined in 
 72.13  subdivision 2, or the employee of any public or private school 
 72.14  or facility who permits access by a local welfare agency, the 
 72.15  department of children, families, and learning, or a local law 
 72.16  enforcement agency and assists in an investigation or assessment 
 72.17  pursuant to subdivision 10 or under section 626.5561. 
 72.18     (b) A person who is a supervisor or person with 
 72.19  responsibility for performing duties under this section employed 
 72.20  by a local welfare agency, the commissioner of human services, 
 72.21  or the commissioner of children, families, and learning 
 72.22  complying with subdivisions 10 and 11 or section 626.5561 or any 
 72.23  related rule or provision of law is immune from any civil or 
 72.24  criminal liability that might otherwise result from the person's 
 72.25  actions, if the person is (1) acting in good faith and 
 72.26  exercising due care, or (2) acting in good faith and following 
 72.27  the information collection procedures established under 
 72.28  subdivision 10, paragraphs (h), (i), and (j). 
 72.29     (c) This subdivision does not provide immunity to any 
 72.30  person for failure to make a required report or for committing 
 72.31  neglect, physical abuse, or sexual abuse of a child. 
 72.32     (d) If a person who makes a voluntary or mandatory report 
 72.33  under subdivision 3 prevails in a civil action from which the 
 72.34  person has been granted immunity under this subdivision, the 
 72.35  court may award the person attorney fees and costs. 
 72.36     Sec. 20.  Minnesota Statutes 2000, section 626.556, 
 73.1   subdivision 7, is amended to read: 
 73.2      Subd. 7.  [REPORT.] An oral report shall be made 
 73.3   immediately by telephone or otherwise.  An oral report made by a 
 73.4   person required under subdivision 3 to report shall be followed 
 73.5   within 72 hours, exclusive of weekends and holidays, by a report 
 73.6   in writing to the appropriate police department, the county 
 73.7   sheriff, the agency responsible for assessing or investigating 
 73.8   the report, or the local welfare agency, unless the appropriate 
 73.9   agency has informed the reporter that the oral information does 
 73.10  not constitute a report under subdivision 10.  Any report shall 
 73.11  be of sufficient content to identify the child, any person 
 73.12  believed to be responsible for the abuse or neglect of the child 
 73.13  if the person is known, the nature and extent of the abuse or 
 73.14  neglect and the name and address of the reporter.  If requested, 
 73.15  the local welfare agency or the agency responsible for assessing 
 73.16  or investigating the report shall inform the reporter within ten 
 73.17  days after the report is made, either orally or in writing, 
 73.18  whether the report was accepted for assessment or investigation. 
 73.19  Written reports received by a police department or the county 
 73.20  sheriff shall be forwarded immediately to the local welfare 
 73.21  agency or the agency responsible for assessing or investigating 
 73.22  the report.  The police department or the county sheriff may 
 73.23  keep copies of reports received by them.  Copies of written 
 73.24  reports received by a local welfare department or the agency 
 73.25  responsible for assessing or investigating the report shall be 
 73.26  forwarded immediately to the local police department or the 
 73.27  county sheriff. 
 73.28     A written copy of a report maintained by personnel of 
 73.29  agencies, other than welfare or law enforcement agencies, which 
 73.30  are subject to chapter 13 shall be confidential.  An individual 
 73.31  subject of the report may obtain access to the original report 
 73.32  as provided by subdivision 11. 
 73.33     Sec. 21.  Minnesota Statutes 2000, section 626.556, 
 73.34  subdivision 10, is amended to read: 
 73.35     Subd. 10.  [DUTIES OF LOCAL WELFARE AGENCY AND LOCAL LAW 
 73.36  ENFORCEMENT AGENCY UPON RECEIPT OF A REPORT.] (a) If the report 
 74.1   alleges neglect, physical abuse, or sexual abuse by a parent, 
 74.2   guardian, or individual functioning within the family unit as a 
 74.3   person responsible for the child's care, the local welfare 
 74.4   agency shall immediately conduct an assessment including 
 74.5   gathering information on the existence of substance abuse and 
 74.6   offer protective social services for purposes of preventing 
 74.7   further abuses, safeguarding and enhancing the welfare of the 
 74.8   abused or neglected minor, and preserving family life whenever 
 74.9   possible.  If the report alleges a violation of a criminal 
 74.10  statute involving sexual abuse, physical abuse, or neglect or 
 74.11  endangerment, under section 609.378, the local law enforcement 
 74.12  agency and local welfare agency shall coordinate the planning 
 74.13  and execution of their respective investigation and assessment 
 74.14  efforts to avoid a duplication of fact-finding efforts and 
 74.15  multiple interviews.  Each agency shall prepare a separate 
 74.16  report of the results of its investigation.  In cases of alleged 
 74.17  child maltreatment resulting in death, the local agency may rely 
 74.18  on the fact-finding efforts of a law enforcement investigation 
 74.19  to make a determination of whether or not maltreatment 
 74.20  occurred.  When necessary the local welfare agency shall seek 
 74.21  authority to remove the child from the custody of a parent, 
 74.22  guardian, or adult with whom the child is living.  In performing 
 74.23  any of these duties, the local welfare agency shall maintain 
 74.24  appropriate records.  
 74.25     If the assessment indicates there is a potential for abuse 
 74.26  of alcohol or other drugs by the parent, guardian, or person 
 74.27  responsible for the child's care, the local welfare agency shall 
 74.28  conduct a chemical use assessment pursuant to Minnesota Rules, 
 74.29  part 9530.6615.  The local welfare agency shall report the 
 74.30  determination of the chemical use assessment, and the 
 74.31  recommendations and referrals for alcohol and other drug 
 74.32  treatment services to the state authority on alcohol and drug 
 74.33  abuse. 
 74.34     (b) When a local agency receives a report or otherwise has 
 74.35  information indicating that a child who is a client, as defined 
 74.36  in section 245.91, has been the subject of physical abuse, 
 75.1   sexual abuse, or neglect at an agency, facility, or program as 
 75.2   defined in section 245.91, it shall, in addition to its other 
 75.3   duties under this section, immediately inform the ombudsman 
 75.4   established under sections 245.91 to 245.97.  The commissioner 
 75.5   of children, families, and learning shall inform the ombudsman 
 75.6   established under sections 245.91 to 245.97 of reports regarding 
 75.7   a child defined as a client in section 245.91 that maltreatment 
 75.8   occurred at a school as defined in sections 120A.05, 
 75.9   subdivisions 9, 11, and 13, and 124D.10. 
 75.10     (c) Authority of the local welfare agency responsible for 
 75.11  assessing the child abuse or neglect report, the agency 
 75.12  responsible for assessing or investigating the report, and of 
 75.13  the local law enforcement agency for investigating the alleged 
 75.14  abuse or neglect includes, but is not limited to, authority to 
 75.15  interview, without parental consent, the alleged victim and any 
 75.16  other minors who currently reside with or who have resided with 
 75.17  the alleged offender.  The interview may take place at school or 
 75.18  at any facility or other place where the alleged victim or other 
 75.19  minors might be found or the child may be transported to, and 
 75.20  the interview conducted at, a place appropriate for the 
 75.21  interview of a child designated by the local welfare agency or 
 75.22  law enforcement agency.  The interview may take place outside 
 75.23  the presence of the alleged offender or parent, legal custodian, 
 75.24  guardian, or school official.  Except as provided in this 
 75.25  paragraph, the parent, legal custodian, or guardian shall be 
 75.26  notified by the responsible local welfare or law enforcement 
 75.27  agency no later than the conclusion of the investigation or 
 75.28  assessment that this interview has occurred.  Notwithstanding 
 75.29  rule 49.02 of the Minnesota rules of procedure for juvenile 
 75.30  courts, the juvenile court may, after hearing on an ex parte 
 75.31  motion by the local welfare agency, order that, where reasonable 
 75.32  cause exists, the agency withhold notification of this interview 
 75.33  from the parent, legal custodian, or guardian.  If the interview 
 75.34  took place or is to take place on school property, the order 
 75.35  shall specify that school officials may not disclose to the 
 75.36  parent, legal custodian, or guardian the contents of the 
 76.1   notification of intent to interview the child on school 
 76.2   property, as provided under this paragraph, and any other 
 76.3   related information regarding the interview that may be a part 
 76.4   of the child's school record.  A copy of the order shall be sent 
 76.5   by the local welfare or law enforcement agency to the 
 76.6   appropriate school official. 
 76.7      (d) When the local welfare or, local law enforcement 
 76.8   agency, or the agency responsible for assessing or investigating 
 76.9   a report of maltreatment determines that an interview should 
 76.10  take place on school property, written notification of intent to 
 76.11  interview the child on school property must be received by 
 76.12  school officials prior to the interview.  The notification shall 
 76.13  include the name of the child to be interviewed, the purpose of 
 76.14  the interview, and a reference to the statutory authority to 
 76.15  conduct an interview on school property.  For interviews 
 76.16  conducted by the local welfare agency, the notification shall be 
 76.17  signed by the chair of the local social services agency or the 
 76.18  chair's designee.  The notification shall be private data on 
 76.19  individuals subject to the provisions of this paragraph.  School 
 76.20  officials may not disclose to the parent, legal custodian, or 
 76.21  guardian the contents of the notification or any other related 
 76.22  information regarding the interview until notified in writing by 
 76.23  the local welfare or law enforcement agency that the 
 76.24  investigation or assessment has been concluded, unless a school 
 76.25  employee or agent is alleged to have maltreated the child.  
 76.26  Until that time, the local welfare or law enforcement agency or 
 76.27  the agency responsible for assessing or investigating a report 
 76.28  of maltreatment shall be solely responsible for any disclosures 
 76.29  regarding the nature of the assessment or investigation.  
 76.30     Except where the alleged offender is believed to be a 
 76.31  school official or employee, the time and place, and manner of 
 76.32  the interview on school premises shall be within the discretion 
 76.33  of school officials, but the local welfare or law enforcement 
 76.34  agency shall have the exclusive authority to determine who may 
 76.35  attend the interview.  The conditions as to time, place, and 
 76.36  manner of the interview set by the school officials shall be 
 77.1   reasonable and the interview shall be conducted not more than 24 
 77.2   hours after the receipt of the notification unless another time 
 77.3   is considered necessary by agreement between the school 
 77.4   officials and the local welfare or law enforcement agency.  
 77.5   Where the school fails to comply with the provisions of this 
 77.6   paragraph, the juvenile court may order the school to comply.  
 77.7   Every effort must be made to reduce the disruption of the 
 77.8   educational program of the child, other students, or school 
 77.9   staff when an interview is conducted on school premises.  
 77.10     (e) Where the alleged offender or a person responsible for 
 77.11  the care of the alleged victim or other minor prevents access to 
 77.12  the victim or other minor by the local welfare agency, the 
 77.13  juvenile court may order the parents, legal custodian, or 
 77.14  guardian to produce the alleged victim or other minor for 
 77.15  questioning by the local welfare agency or the local law 
 77.16  enforcement agency outside the presence of the alleged offender 
 77.17  or any person responsible for the child's care at reasonable 
 77.18  places and times as specified by court order.  
 77.19     (f) Before making an order under paragraph (e), the court 
 77.20  shall issue an order to show cause, either upon its own motion 
 77.21  or upon a verified petition, specifying the basis for the 
 77.22  requested interviews and fixing the time and place of the 
 77.23  hearing.  The order to show cause shall be served personally and 
 77.24  shall be heard in the same manner as provided in other cases in 
 77.25  the juvenile court.  The court shall consider the need for 
 77.26  appointment of a guardian ad litem to protect the best interests 
 77.27  of the child.  If appointed, the guardian ad litem shall be 
 77.28  present at the hearing on the order to show cause.  
 77.29     (g) The commissioner of human services, the ombudsman for 
 77.30  mental health and mental retardation, the local welfare agencies 
 77.31  responsible for investigating reports, the commissioner of 
 77.32  children, families, and learning, and the local law enforcement 
 77.33  agencies have the right to enter facilities as defined in 
 77.34  subdivision 2 and to inspect and copy the facility's records, 
 77.35  including medical records, as part of the investigation.  
 77.36  Notwithstanding the provisions of chapter 13, they also have the 
 78.1   right to inform the facility under investigation that they are 
 78.2   conducting an investigation, to disclose to the facility the 
 78.3   names of the individuals under investigation for abusing or 
 78.4   neglecting a child, and to provide the facility with a copy of 
 78.5   the report and the investigative findings. 
 78.6      (h) The local welfare agency or the agency responsible for 
 78.7   assessing or investigating the report shall collect available 
 78.8   and relevant information to ascertain whether maltreatment 
 78.9   occurred and whether protective services are needed.  
 78.10  Information collected includes, when relevant, information with 
 78.11  regard to the person reporting the alleged maltreatment, 
 78.12  including the nature of the reporter's relationship to the child 
 78.13  and to the alleged offender, and the basis of the reporter's 
 78.14  knowledge for the report; the child allegedly being maltreated; 
 78.15  the alleged offender; the child's caretaker; and other 
 78.16  collateral sources having relevant information related to the 
 78.17  alleged maltreatment.  The local welfare agency or the agency 
 78.18  responsible for assessing or investigating the report may make a 
 78.19  determination of no maltreatment early in an assessment, and 
 78.20  close the case and retain immunity, if the collected information 
 78.21  shows no basis for a full assessment or investigation. 
 78.22     Information relevant to the assessment or investigation 
 78.23  must be asked for, and may include: 
 78.24     (1) the child's sex and age, prior reports of maltreatment, 
 78.25  information relating to developmental functioning, credibility 
 78.26  of the child's statement, and whether the information provided 
 78.27  under this clause is consistent with other information collected 
 78.28  during the course of the assessment or investigation; 
 78.29     (2) the alleged offender's age, a record check for prior 
 78.30  reports of maltreatment, and criminal charges and convictions.  
 78.31  The local welfare agency or the agency responsible for assessing 
 78.32  or investigating the report must provide the alleged offender 
 78.33  with an opportunity to make a statement.  The alleged offender 
 78.34  may submit supporting documentation relevant to the assessment 
 78.35  or investigation; 
 78.36     (3) collateral source information regarding the alleged 
 79.1   maltreatment and care of the child.  Collateral information 
 79.2   includes, when relevant:  (i) a medical examination of the 
 79.3   child; (ii) prior medical records relating to the alleged 
 79.4   maltreatment or the care of the child and an interview with the 
 79.5   treating professionals; and (iii) interviews with the child's 
 79.6   caretakers, including the child's parent, guardian, foster 
 79.7   parent, child care provider, teachers, counselors, family 
 79.8   members, relatives, and other persons who may have knowledge 
 79.9   regarding the alleged maltreatment and the care of the child; 
 79.10  and 
 79.11     (4) information on the existence of domestic abuse and 
 79.12  violence in the home of the child, and substance abuse. 
 79.13     Nothing in this paragraph precludes the local welfare 
 79.14  agency, the local law enforcement agency, or the agency 
 79.15  responsible for assessing or investigating the report from 
 79.16  collecting other relevant information necessary to conduct the 
 79.17  assessment or investigation.  Notwithstanding the data's 
 79.18  classification in the possession of any other agency, data 
 79.19  acquired by the local welfare agency or the agency responsible 
 79.20  for assessing or investigating the report during the course of 
 79.21  the assessment or investigation are private data on individuals 
 79.22  and must be maintained in accordance with subdivision 11.  Data 
 79.23  of the commissioner of children, families, and learning 
 79.24  collected or maintained during and for the purpose of an 
 79.25  investigation of alleged maltreatment in a school are governed 
 79.26  by this section, notwithstanding the data's classification as 
 79.27  educational, licensing, or personnel data under chapter 13. 
 79.28     In conducting an assessment or investigation involving a 
 79.29  school facility as defined in subdivision 2, paragraph (f), the 
 79.30  commissioner of children, families, and learning shall collect 
 79.31  investigative reports and data from local law enforcement and 
 79.32  the school facility.  
 79.33     (i) In the initial stages of an assessment or 
 79.34  investigation, the local welfare agency shall conduct a 
 79.35  face-to-face observation of the child reported to be maltreated 
 79.36  and a face-to-face interview of the alleged offender.  The 
 80.1   interview with the alleged offender may be postponed if it would 
 80.2   jeopardize an active law enforcement investigation. 
 80.3      (j) The local welfare agency shall use a question and 
 80.4   answer interviewing format with questioning as nondirective as 
 80.5   possible to elicit spontaneous responses.  The following 
 80.6   interviewing methods and procedures must be used whenever 
 80.7   possible when collecting information: 
 80.8      (1) audio recordings of all interviews with witnesses and 
 80.9   collateral sources; and 
 80.10     (2) in cases of alleged sexual abuse, audio-video 
 80.11  recordings of each interview with the alleged victim and child 
 80.12  witnesses.  
 80.13     (k) In conducting an assessment or investigation involving 
 80.14  a school facility as defined in subdivision 2, paragraph (f), 
 80.15  the commissioner of children, families, and learning shall 
 80.16  collect available and relevant information and use the 
 80.17  procedures in paragraphs (h), (i), and (j), provided that the 
 80.18  commissioner may also base the assessment or investigation on 
 80.19  investigative reports and data received from the school facility 
 80.20  and local law enforcement, to the extent those investigations 
 80.21  satisfy the requirements of paragraphs (h), (i), and (j). 
 80.22     Sec. 22.  Minnesota Statutes 2000, section 626.556, 
 80.23  subdivision 10b, is amended to read: 
 80.24     Subd. 10b.  [DUTIES OF COMMISSIONER; NEGLECT OR ABUSE IN 
 80.25  FACILITY.] (a) This section applies to the commissioners of 
 80.26  human services, health, and children, families, and learning.  
 80.27  The commissioner of the agency responsible for assessing or 
 80.28  investigating the report shall immediately assess or investigate 
 80.29  if the report alleges that: 
 80.30     (1) a child who is in the care of a facility as defined in 
 80.31  subdivision 2 is neglected, physically abused, or sexually 
 80.32  abused by an individual in that facility, or has been so 
 80.33  neglected or abused by an individual in that facility within the 
 80.34  three years preceding the report; or 
 80.35     (2) a child was neglected, physically abused, or sexually 
 80.36  abused by an individual in a facility defined in subdivision 2, 
 81.1   while in the care of that facility within the three years 
 81.2   preceding the report.  
 81.3      The commissioner of the agency responsible for assessing or 
 81.4   investigating the report shall arrange for the transmittal to 
 81.5   the commissioner of reports received by local agencies and may 
 81.6   delegate to a local welfare agency the duty to investigate 
 81.7   reports.  In conducting an investigation under this section, the 
 81.8   commissioner has the powers and duties specified for local 
 81.9   welfare agencies under this section.  The commissioner of the 
 81.10  agency responsible for assessing or investigating the report or 
 81.11  local welfare agency may interview any children who are or have 
 81.12  been in the care of a facility under investigation and their 
 81.13  parents, guardians, or legal custodians. 
 81.14     (b) Prior to any interview, the commissioner of the agency 
 81.15  responsible for assessing or investigating the report or local 
 81.16  welfare agency shall notify the parent, guardian, or legal 
 81.17  custodian of a child who will be interviewed in the manner 
 81.18  provided for in subdivision 10d, paragraph (a).  If reasonable 
 81.19  efforts to reach the parent, guardian, or legal custodian of a 
 81.20  child in an out-of-home placement have failed, the child may be 
 81.21  interviewed if there is reason to believe the interview is 
 81.22  necessary to protect the child or other children in the 
 81.23  facility.  The commissioner of the agency responsible for 
 81.24  assessing or investigating the report or local agency must 
 81.25  provide the information required in this subdivision to the 
 81.26  parent, guardian, or legal custodian of a child interviewed 
 81.27  without parental notification as soon as possible after the 
 81.28  interview.  When the investigation is completed, any parent, 
 81.29  guardian, or legal custodian notified under this subdivision 
 81.30  shall receive the written memorandum provided for in subdivision 
 81.31  10d, paragraph (c). 
 81.32     (c) In conducting investigations under this subdivision the 
 81.33  commissioner or local welfare agency shall obtain access to 
 81.34  information consistent with subdivision 10, paragraphs (h), (i), 
 81.35  and (j).  In conducting assessments or investigations under this 
 81.36  subdivision, the commissioner of children, families, and 
 82.1   learning shall obtain access to reports and investigative data 
 82.2   in the possession of a school facility as defined in subdivision 
 82.3   2, paragraph (f), notwithstanding the classification of the data 
 82.4   as educational or personnel data under chapter 13.  This 
 82.5   includes, but is not limited to, school investigative reports, 
 82.6   information concerning the conduct of school personnel alleged 
 82.7   to have committed maltreatment of students, information about 
 82.8   witnesses, and any protective or corrective action taken by the 
 82.9   school facility regarding the school personnel alleged to have 
 82.10  committed maltreatment. 
 82.11     (d) Except for foster care and family child care, the 
 82.12  commissioner has the primary responsibility for the 
 82.13  investigations and notifications required under subdivisions 10d 
 82.14  and 10f for reports that allege maltreatment related to the care 
 82.15  provided by or in facilities licensed by the commissioner.  The 
 82.16  commissioner may request assistance from the local social 
 82.17  services agency. 
 82.18     Sec. 23.  Minnesota Statutes 2000, section 626.556, 
 82.19  subdivision 10d, is amended to read: 
 82.20     Subd. 10d.  [NOTIFICATION OF NEGLECT OR ABUSE IN FACILITY.] 
 82.21  (a) When a report is received that alleges neglect, physical 
 82.22  abuse, or sexual abuse of a child while in the care of a 
 82.23  licensed or unlicensed day care facility, residential facility, 
 82.24  agency, hospital, sanitarium, or other facility or institution 
 82.25  required to be licensed according to sections 144.50 to 144.58; 
 82.26  241.021; or 245A.01 to 245A.16; or chapter 245B, or a school as 
 82.27  defined in sections 120A.05, subdivisions 9, 11, and 13; and 
 82.28  124D.10; or a nonlicensed personal care provider organization as 
 82.29  defined in section 256B.04, subdivision 16, and 256B.0625, 
 82.30  subdivision 19a, the commissioner of the agency responsible for 
 82.31  assessing or investigating the report or local welfare agency 
 82.32  investigating the report shall provide the following information 
 82.33  to the parent, guardian, or legal custodian of a child alleged 
 82.34  to have been neglected, physically abused, or sexually abused:  
 82.35  the name of the facility; the fact that a report alleging 
 82.36  neglect, physical abuse, or sexual abuse of a child in the 
 83.1   facility has been received; the nature of the alleged neglect, 
 83.2   physical abuse, or sexual abuse; that the agency is conducting 
 83.3   an assessment or investigation; any protective or corrective 
 83.4   measures being taken pending the outcome of the investigation; 
 83.5   and that a written memorandum will be provided when the 
 83.6   investigation is completed. 
 83.7      (b) The commissioner of the agency responsible for 
 83.8   assessing or investigating the report or local welfare agency 
 83.9   may also provide the information in paragraph (a) to the parent, 
 83.10  guardian, or legal custodian of any other child in the facility 
 83.11  if the investigative agency knows or has reason to believe the 
 83.12  alleged neglect, physical abuse, or sexual abuse has occurred. 
 83.13  In determining whether to exercise this authority, the 
 83.14  commissioner of the agency responsible for assessing or 
 83.15  investigating the report or local welfare agency shall consider 
 83.16  the seriousness of the alleged neglect, physical abuse, or 
 83.17  sexual abuse; the number of children allegedly neglected, 
 83.18  physically abused, or sexually abused; the number of alleged 
 83.19  perpetrators; and the length of the investigation.  The facility 
 83.20  shall be notified whenever this discretion is exercised. 
 83.21     (c) When the commissioner of the agency responsible for 
 83.22  assessing or investigating the report or local welfare agency 
 83.23  has completed its investigation, every parent, guardian, or 
 83.24  legal custodian previously notified of the investigation by the 
 83.25  commissioner or local welfare agency shall be provided with the 
 83.26  following information in a written memorandum:  the name of the 
 83.27  facility investigated; the nature of the alleged neglect, 
 83.28  physical abuse, or sexual abuse; the investigator's name; a 
 83.29  summary of the investigation findings; a statement whether 
 83.30  maltreatment was found; and the protective or corrective 
 83.31  measures that are being or will be taken. The memorandum shall 
 83.32  be written in a manner that protects the identity of the 
 83.33  reporter and the child and shall not contain the name, or to the 
 83.34  extent possible, reveal the identity of the alleged perpetrator 
 83.35  or of those interviewed during the investigation.  The 
 83.36  commissioner or local welfare agency shall also provide the 
 84.1   written memorandum to the parent, guardian, or legal custodian 
 84.2   of each child in the facility if maltreatment is determined to 
 84.3   exist.  In the case of maltreatment within a school facility, as 
 84.4   defined in sections 120A.05, subdivisions 9, 11, and 13, and 
 84.5   124D.10, the commissioner of children, families, and learning 
 84.6   need not provide notification to parents, guardians, or legal 
 84.7   custodians of each child in the facility, but may provide 
 84.8   notification as is in the best interests of the safety and 
 84.9   welfare of other students in the school facility. 
 84.10     Sec. 24.  Minnesota Statutes 2000, section 626.556, 
 84.11  subdivision 10e, is amended to read: 
 84.12     Subd. 10e.  [DETERMINATIONS.] Upon the conclusion of every 
 84.13  assessment or investigation it conducts, the local welfare 
 84.14  agency shall make two determinations:  first, whether 
 84.15  maltreatment has occurred; and second, whether child protective 
 84.16  services are needed.  Upon the conclusion of an assessment or 
 84.17  investigation by the commissioner of children, families, and 
 84.18  learning, the commissioner shall determine whether maltreatment 
 84.19  occurred and what corrective or protective action was taken by 
 84.20  the school facility.  The commissioner shall report to the 
 84.21  employer, the school board, and any appropriate licensing entity 
 84.22  the determination regarding whether maltreatment occurred and 
 84.23  what corrective or protective action was taken by the school 
 84.24  facility.  When maltreatment is determined in an investigation 
 84.25  involving a facility, the investigating agency shall also 
 84.26  determine whether the facility or individual was responsible, or 
 84.27  whether both the facility and the individual were responsible 
 84.28  for the maltreatment using the mitigating factors in paragraph 
 84.29  (d).  Determinations under this subdivision must be made based 
 84.30  on a preponderance of the evidence and are private data on 
 84.31  individuals or nonpublic data as maintained by the commissioner 
 84.32  of children, families, and learning. 
 84.33     (a) For the purposes of this subdivision, "maltreatment" 
 84.34  means any of the following acts or omissions committed by a 
 84.35  person responsible for the child's care: 
 84.36     (1) physical abuse as defined in subdivision 2, paragraph 
 85.1   (d); 
 85.2      (2) neglect as defined in subdivision 2, paragraph (c); 
 85.3      (3) sexual abuse as defined in subdivision 2, paragraph 
 85.4   (a); or 
 85.5      (4) mental injury as defined in subdivision 2, paragraph 
 85.6   (k). 
 85.7      (b) For the purposes of this subdivision, a determination 
 85.8   that child protective services are needed means that the local 
 85.9   welfare agency has documented conditions during the assessment 
 85.10  or investigation sufficient to cause a child protection worker, 
 85.11  as defined in section 626.559, subdivision 1, to conclude that a 
 85.12  child is at significant risk of maltreatment if protective 
 85.13  intervention is not provided and that the individuals 
 85.14  responsible for the child's care have not taken or are not 
 85.15  likely to take actions to protect the child from maltreatment or 
 85.16  risk of maltreatment. 
 85.17     (c) This subdivision does not mean that maltreatment has 
 85.18  occurred solely because the child's parent, guardian, or other 
 85.19  person responsible for the child's care in good faith selects 
 85.20  and depends upon spiritual means or prayer for treatment or care 
 85.21  of disease or remedial care of the child, in lieu of medical 
 85.22  care.  However, if lack of medical care may result in serious 
 85.23  danger to the child's health, the local welfare agency may 
 85.24  ensure that necessary medical services are provided to the child.
 85.25     (d) When determining whether the facility or individual is 
 85.26  the responsible party for determined maltreatment in a facility, 
 85.27  the investigating agency shall consider at least the following 
 85.28  mitigating factors: 
 85.29     (1) whether the actions of the facility or the individual 
 85.30  caregivers were according to, and followed the terms of, an 
 85.31  erroneous physician order, prescription, individual care plan, 
 85.32  or directive; however, this is not a mitigating factor when the 
 85.33  facility or caregiver was responsible for the issuance of the 
 85.34  erroneous order, prescription, individual care plan, or 
 85.35  directive or knew or should have known of the errors and took no 
 85.36  reasonable measures to correct the defect before administering 
 86.1   care; 
 86.2      (2) comparative responsibility between the facility, other 
 86.3   caregivers, and requirements placed upon an employee, including 
 86.4   the facility's compliance with related regulatory standards and 
 86.5   the adequacy of facility policies and procedures, facility 
 86.6   training, an individual's participation in the training, the 
 86.7   caregiver's supervision, and facility staffing levels and the 
 86.8   scope of the individual employee's authority and discretion; and 
 86.9      (3) whether the facility or individual followed 
 86.10  professional standards in exercising professional judgment. 
 86.11     Individual counties may implement more detailed definitions 
 86.12  or criteria that indicate which allegations to investigate, as 
 86.13  long as a county's policies are consistent with the definitions 
 86.14  in the statutes and rules and are approved by the county board.  
 86.15  Each local welfare agency shall periodically inform mandated 
 86.16  reporters under subdivision 3 who work in the county of the 
 86.17  definitions of maltreatment in the statutes and rules and any 
 86.18  additional definitions or criteria that have been approved by 
 86.19  the county board. 
 86.20     Sec. 25.  Minnesota Statutes 2000, section 626.556, 
 86.21  subdivision 10i, is amended to read: 
 86.22     Subd. 10i.  [ADMINISTRATIVE RECONSIDERATION OF FINAL 
 86.23  DETERMINATION OF MALTREATMENT.] (a) An individual or facility 
 86.24  that the commissioner or of human services, a local social 
 86.25  service agency, or the commissioner of children, families, and 
 86.26  learning determines has maltreated a child, or the child's 
 86.27  designee, regardless of the determination, who contests the 
 86.28  investigating agency's final determination regarding 
 86.29  maltreatment, may request the investigating agency to reconsider 
 86.30  its final determination regarding maltreatment.  The request for 
 86.31  reconsideration must be submitted in writing to the 
 86.32  investigating agency within 15 calendar days after receipt of 
 86.33  notice of the final determination regarding maltreatment.  
 86.34     (b) If the investigating agency denies the request or fails 
 86.35  to act upon the request within 15 calendar days after receiving 
 86.36  the request for reconsideration, the person or facility entitled 
 87.1   to a fair hearing under section 256.045 may submit to the 
 87.2   commissioner of human services or the commissioner of children, 
 87.3   families, and learning a written request for a hearing under 
 87.4   that section.  Section 256.045 also governs hearings requested 
 87.5   to contest a final determination of the commissioner of 
 87.6   children, families, and learning. 
 87.7      (c) If, as a result of the reconsideration, the 
 87.8   investigating agency changes the final determination of 
 87.9   maltreatment, that agency shall notify the parties specified in 
 87.10  subdivisions 10b, 10d, and 10f. 
 87.11     (d) If an individual or facility contests the investigating 
 87.12  agency's final determination regarding maltreatment by 
 87.13  requesting a fair hearing under section 256.045, the 
 87.14  commissioner of human services shall assure that the hearing is 
 87.15  conducted and a decision is reached within 90 days of receipt of 
 87.16  the request for a hearing.  The time for action on the decision 
 87.17  may be extended for as many days as the hearing is postponed or 
 87.18  the record is held open for the benefit of either party. 
 87.19     Sec. 26.  Minnesota Statutes 2000, section 626.556, 
 87.20  subdivision 10j, is amended to read: 
 87.21     Subd. 10j.  [RELEASE OF DATA TO MANDATED REPORTERS.] A 
 87.22  local social services or child protection agency, or the agency 
 87.23  responsible for assessing or investigating the report of 
 87.24  maltreatment, may provide relevant private data on individuals 
 87.25  obtained under this section to mandated reporters who have an 
 87.26  ongoing responsibility for the health, education, or welfare of 
 87.27  a child affected by the data, in the best interests of the 
 87.28  child.  Mandated reporters with ongoing responsibility for the 
 87.29  health, education, or welfare of a child affected by the data 
 87.30  include the child's teachers or other appropriate school 
 87.31  personnel, foster parents, health care providers, respite care 
 87.32  workers, therapists, social workers, child care providers, 
 87.33  residential care staff, crisis nursery staff, probation 
 87.34  officers, and court services personnel.  Under this section, a 
 87.35  mandated reporter need not have made the report to be considered 
 87.36  a person with ongoing responsibility for the health, education, 
 88.1   or welfare of a child affected by the data.  Data provided under 
 88.2   this section must be limited to data pertinent to the 
 88.3   individual's responsibility for caring for the child. 
 88.4      Sec. 27.  Minnesota Statutes 2000, section 626.556, 
 88.5   subdivision 11, is amended to read: 
 88.6      Subd. 11.  [RECORDS.] (a) Except as provided in paragraph 
 88.7   (b) and subdivisions 10b, 10d, 10g, and 11b, all records 
 88.8   concerning individuals maintained by a local welfare agency or 
 88.9   agency responsible for assessing or investigating the report 
 88.10  under this section, including any written reports filed under 
 88.11  subdivision 7, shall be private data on individuals, except 
 88.12  insofar as copies of reports are required by subdivision 7 to be 
 88.13  sent to the local police department or the county sheriff.  
 88.14  Reports maintained by any police department or the county 
 88.15  sheriff shall be private data on individuals except the reports 
 88.16  shall be made available to the investigating, petitioning, or 
 88.17  prosecuting authority, including county medical examiners or 
 88.18  county coroners.  Section 13.82, subdivisions 7, 5a, and 5b, 
 88.19  apply to law enforcement data other than the reports.  The local 
 88.20  social services agency or agency responsible for assessing or 
 88.21  investigating the report shall make available to the 
 88.22  investigating, petitioning, or prosecuting authority, including 
 88.23  county medical examiners or county coroners or their 
 88.24  professional delegates, any records which contain information 
 88.25  relating to a specific incident of neglect or abuse which is 
 88.26  under investigation, petition, or prosecution and information 
 88.27  relating to any prior incidents of neglect or abuse involving 
 88.28  any of the same persons.  The records shall be collected and 
 88.29  maintained in accordance with the provisions of chapter 13.  In 
 88.30  conducting investigations and assessments pursuant to this 
 88.31  section, the notice required by section 13.04, subdivision 2, 
 88.32  need not be provided to a minor under the age of ten who is the 
 88.33  alleged victim of abuse or neglect.  An individual subject of a 
 88.34  record shall have access to the record in accordance with those 
 88.35  sections, except that the name of the reporter shall be 
 88.36  confidential while the report is under assessment or 
 89.1   investigation except as otherwise permitted by this 
 89.2   subdivision.  Any person conducting an investigation or 
 89.3   assessment under this section who intentionally discloses the 
 89.4   identity of a reporter prior to the completion of the 
 89.5   investigation or assessment is guilty of a misdemeanor.  After 
 89.6   the assessment or investigation is completed, the name of the 
 89.7   reporter shall be confidential.  The subject of the report may 
 89.8   compel disclosure of the name of the reporter only with the 
 89.9   consent of the reporter or upon a written finding by the court 
 89.10  that the report was false and that there is evidence that the 
 89.11  report was made in bad faith.  This subdivision does not alter 
 89.12  disclosure responsibilities or obligations under the rules of 
 89.13  criminal procedure. 
 89.14     (b) Upon request of the legislative auditor, data on 
 89.15  individuals maintained under this section must be released to 
 89.16  the legislative auditor in order for the auditor to fulfill the 
 89.17  auditor's duties under section 3.971.  The auditor shall 
 89.18  maintain the data in accordance with chapter 13.  
 89.19     (c) The commissioner of children, families, and learning 
 89.20  must be provided with all requested data in possession of a 
 89.21  school facility as defined in subdivision 2, paragraph (f), when 
 89.22  the data is requested pursuant to an assessment or investigation 
 89.23  of a maltreatment report of a student in a school.  If the 
 89.24  commissioner of children, families, and learning makes a 
 89.25  determination of maltreatment involving an individual performing 
 89.26  work within a school facility who is licensed by a board or 
 89.27  other agency, the commissioner shall provide necessary and 
 89.28  relevant information to the licensing entity to enable the 
 89.29  entity to fulfill its statutory duties.  Notwithstanding section 
 89.30  13.03, subdivision 4, data received by a licensing entity under 
 89.31  this paragraph are governed by section 13.41 or other applicable 
 89.32  law governing data of the receiving entity, except that this 
 89.33  section applies to the classification of and access to data on 
 89.34  the reporter of the maltreatment. 
 89.35                             ARTICLE 6 
 89.36                     FACILITIES AND TECHNOLOGY 
 90.1      Section 1.  Minnesota Statutes 2000, section 16B.616, 
 90.2   subdivision 4, is amended to read: 
 90.3      Subd. 4.  [ENFORCEMENT.] (a) A statutory or home rule 
 90.4   charter city that is not covered by the code because of action 
 90.5   taken under section 16B.72 or 16B.73 is responsible for 
 90.6   enforcement in the city of the code's requirements for bleacher 
 90.7   safety.  In all other areas where the code does not apply 
 90.8   because of action taken under section 16B.72 or 16B.73, the 
 90.9   county is responsible for enforcement of those requirements. 
 90.10     (b) Municipalities that have not adopted the code may 
 90.11  enforce the code requirements for bleacher safety by either 
 90.12  entering into a joint powers agreement for enforcement with 
 90.13  another municipality that has adopted the code or contracting 
 90.14  for enforcement with a qualified and certified building official 
 90.15  or state licensed design professional to enforce the code. 
 90.16     (c) Municipalities, school districts, organizations, 
 90.17  individuals, and other persons operating or owning places of 
 90.18  public accommodation with bleachers that are subject to the 
 90.19  safety requirements in subdivision 3 shall provide a signed 
 90.20  certification of compliance to the commissioner by January 1, 
 90.21  2002.  For bleachers subject to the exception in subdivision 3, 
 90.22  clause (1), entities covered by this paragraph must have on file 
 90.23  a bleacher safety management plan and amortization schedule.  
 90.24  The certification shall be prepared by a qualified and certified 
 90.25  building official or state licensed design professional and 
 90.26  shall certify that the bleachers have been inspected and are in 
 90.27  compliance with the requirements of this section and are 
 90.28  structurally sound.  For bleachers owned by a school district or 
 90.29  nonpublic school, the person the district or nonpublic school 
 90.30  designates to be responsible for buildings and grounds may make 
 90.31  the certification. 
 90.32     Sec. 2.  Minnesota Statutes 2000, section 123A.442, 
 90.33  subdivision 2, is amended to read: 
 90.34     Subd. 2.  [COOPERATION AND COMBINATION OR CONSOLIDATION.] 
 90.35  Districts that receive a cooperative secondary facilities 
 90.36  grant after May 1, 1991, shall: 
 91.1      (1) submit a plan as set forth in section 123A.36 or 
 91.2   123A.48 for approval by the state board of education 
 91.3   commissioner; and 
 91.4      (2) hold a referendum on approving the question of 
 91.5   combination no later than four years or consolidation prior to 
 91.6   the receipt of state funds after a grant is awarded under 
 91.7   subdivision 1. 
 91.8      The districts are eligible for cooperation and combination 
 91.9   or consolidation revenue under section 123A.39, subdivision 3, 
 91.10  or 123A.485.  
 91.11     Sec. 3.  Minnesota Statutes 2000, section 123B.71, 
 91.12  subdivision 1, is amended to read: 
 91.13     Subdivision 1.  [CONSULTATION.] A school district shall 
 91.14  consult with the commissioner of children, families, and 
 91.15  learning before developing any plans and specifications to 
 91.16  construct, remodel, or improve the building or site of an 
 91.17  educational facility for which the estimated cost exceeds 
 91.18  $100,000 $250,000.  This consultation shall occur before a 
 91.19  referendum for bonds, solicitation for bids, or use of capital 
 91.20  expenditure facilities revenue according to section 126C.10, 
 91.21  subdivision 14, clause (2).  The commissioner may require the 
 91.22  district to participate in a management assistance plan before 
 91.23  conducting a review and comment on the project. 
 91.24     Sec. 4.  Minnesota Statutes 2000, section 123B.71, 
 91.25  subdivision 4, is amended to read: 
 91.26     Subd. 4.  [PLAN SUBMITTAL.] For a project for which 
 91.27  consultation is required under subdivision 1, the commissioner, 
 91.28  after the consultation required in subdivision 1, may require a 
 91.29  school district to submit the following preliminary and final 
 91.30  plans for approval:  
 91.31     (a) two sets of preliminary plans for each new building or 
 91.32  addition, and 
 91.33     (b) one set of final plans for each construction, 
 91.34  remodeling, or site improvement project.  The commissioner shall 
 91.35  approve or disapprove the plans within 90 days after submission. 
 91.36     Final plans shall meet all applicable state laws, rules, 
 92.1   and codes concerning public buildings, including sections 16B.59 
 92.2   to 16B.73.  The department may furnish to a school district 
 92.3   plans and specifications for temporary school buildings 
 92.4   containing two classrooms or less.  
 92.5      Sec. 5.  Minnesota Statutes 2000, section 123B.71, 
 92.6   subdivision 8, is amended to read: 
 92.7      Subd. 8.  [REVIEW AND COMMENT.] A school district, a 
 92.8   special education cooperative, or a cooperative unit of 
 92.9   government, as defined in section 123A.24, subdivision 2, must 
 92.10  not initiate an installment contract for purchase or a lease 
 92.11  agreement, hold a referendum for bonds, nor solicit bids for new 
 92.12  construction, expansion, or remodeling of an educational 
 92.13  facility that requires an expenditure in excess 
 92.14  of $400,000 $750,000 per school site prior to review and comment 
 92.15  by the commissioner.  The commissioner may exempt a facility 
 92.16  maintenance project funded with general education aid and levy 
 92.17  or health and safety revenue from this provision after reviewing 
 92.18  a written request from a school district describing the scope of 
 92.19  work.  A school board shall not separate portions of a single 
 92.20  project into components to avoid the requirements of this 
 92.21  subdivision. 
 92.22     Sec. 6.  Minnesota Statutes 2000, section 123B.71, 
 92.23  subdivision 9, is amended to read: 
 92.24     Subd. 9.  [INFORMATION REQUIRED.] A school board proposing 
 92.25  to construct a facility described in subdivision 8 shall submit 
 92.26  to the commissioner a proposal containing information including 
 92.27  at least the following: 
 92.28     (a) the geographic area proposed to be served, whether 
 92.29  within or outside the boundaries of the school district; 
 92.30     (b) the people proposed to be served, including census 
 92.31  findings and projections for the next ten years of the number of 
 92.32  preschool and school-aged people in the area; 
 92.33     (c) the reasonably anticipated need for the facility or 
 92.34  service to be provided; 
 92.35     (d) a description of the construction in reasonable detail, 
 92.36  including:  the expenditures contemplated; the estimated annual 
 93.1   operating cost, including the anticipated salary and number of 
 93.2   new staff necessitated by the proposal; and an evaluation of the 
 93.3   energy efficiency and effectiveness of the construction, 
 93.4   including estimated annual energy costs; and a description of 
 93.5   the telephone capabilities of the facility and its classrooms; 
 93.6      (e) a description of existing facilities within the area to 
 93.7   be served and within school districts adjacent to the area to be 
 93.8   served; the extent to which existing facilities or services are 
 93.9   used; the extent to which alternate space is available, 
 93.10  including other school districts, post-secondary institutions, 
 93.11  other public or private buildings, or other noneducation 
 93.12  community resources; and the anticipated effect that the 
 93.13  facility will have on existing facilities and services; 
 93.14     (f) the anticipated benefit of the facility to the area; 
 93.15     (g) if known, the relationship of the proposed construction 
 93.16  to any priorities that have been established for the area to be 
 93.17  served; 
 93.18     (h) the availability and manner of financing the facility 
 93.19  and the estimated date to begin and complete the facility; 
 93.20     (i) desegregation requirements that cannot be met by any 
 93.21  other reasonable means; 
 93.22     (j) the relationship of the proposed facility to the 
 93.23  cooperative integrated learning needs of the area; 
 93.24     (k) the effects of the proposed facility on the district's 
 93.25  operating budget; 
 93.26     (l) the level of collaboration at the facility between the 
 93.27  district and other governmental or nonprofit entities; and 
 93.28     (m) the extent to which the district has minimized 
 93.29  administrative overhead among facilities. 
 93.30     (1) the geographic area and population to be served, 
 93.31  preschool through grade 12 student enrollments for the past five 
 93.32  years, and student enrollment projections for the next five 
 93.33  years; 
 93.34     (2) a list of existing facilities and their utilization and 
 93.35  a discussion of the extent to which alternate facilities are 
 93.36  available within the school district boundaries or in adjacent 
 94.1   school districts; 
 94.2      (3) a list of the specific deficiencies of the facility 
 94.3   that demonstrate the need for a new or renovated facility to be 
 94.4   provided, and a list of the specific benefits that the new or 
 94.5   renovated facility will provide to the students, teachers, and 
 94.6   community users served by the facility; 
 94.7      (4) the relationship of the project to any priorities 
 94.8   established by the school district, educational cooperatives 
 94.9   that provide support services, or other public bodies in the 
 94.10  service area; 
 94.11     (5) a specification of how the project will increase 
 94.12  community use of the facility and whether and how the project 
 94.13  will increase collaboration with other governmental or nonprofit 
 94.14  entities; 
 94.15     (6) a description of the project, including the 
 94.16  specification of site and outdoor space acreage and square 
 94.17  footage allocations for classrooms, laboratories, and support 
 94.18  spaces; estimated expenditures for the major portions of the 
 94.19  project; and the dates the project will begin and be completed; 
 94.20     (7) a specification of the source of financing the project; 
 94.21  the scheduled date for a bond issue or school board action; a 
 94.22  schedule of payments, including debt service equalization aid; 
 94.23  and the effect of a bond issue on local property taxes by the 
 94.24  property class and valuation; 
 94.25     (8) an analysis of how the proposed new or remodeled 
 94.26  facility will affect school district operational or 
 94.27  administrative staffing costs, and how the district's operating 
 94.28  budget will cover any increased operational or administrative 
 94.29  staffing costs; 
 94.30     (9) a description of the consultation with local or state 
 94.31  road and transportation officials on school site access and 
 94.32  safety issues, and the ways that the project will address those 
 94.33  issues; 
 94.34     (10) a description of how indoor air quality issues have 
 94.35  been considered and a certification that the architects and 
 94.36  engineers designing the facility will have professional 
 95.1   liability insurance; 
 95.2      (11) as required under section 123B.72, for buildings 
 95.3   coming into service after July 1, 2002, a certification that the 
 95.4   plans and designs for the extensively renovated or new 
 95.5   facility's heating, ventilation, and air conditioning systems 
 95.6   will meet or exceed code standards, will provide for the 
 95.7   monitoring of outdoor airflow and total airflow of ventilation 
 95.8   systems, and will provide an indoor air quality filtration 
 95.9   system that meets ASHRAE standard 52.1; and 
 95.10     (12) a specification of any desegregation requirements that 
 95.11  cannot be met by any other reasonable means. 
 95.12     Sec. 7.  [REPEALER.] 
 95.13     Minnesota Statutes 2000, section 123B.71, subdivisions 3 
 95.14  and 10, are repealed. 
 95.15                             ARTICLE 7 
 95.16                             LIBRARIES 
 95.17     Section 1.  Minnesota Statutes 2000, section 134.31, 
 95.18  subdivision 5, is amended to read: 
 95.19     Subd. 5.  [ADVISORY COMMITTEE.] The commissioner shall 
 95.20  appoint an advisory committee of five members to advise the 
 95.21  staff of the Minnesota library for the blind and physically 
 95.22  handicapped on long-range plans and library services.  Members 
 95.23  shall be people who use the library.  Section 15.059 governs 
 95.24  this committee except that the committee shall expire on June 
 95.25  30, 2001 2003. 
 95.26     Sec. 2.  [REPEALER.] 
 95.27     Minnesota Rules, parts 3530.2610; 3530.2612; 3530.2614; 
 95.28  3530.2616; 3530.2618; 3530.2620; 3530.2622; 3530.2624; 
 95.29  3530.2626; 3530.2628; 3530.2630; 3530.2632; 3530.2634; 
 95.30  3530.2636; 3530.2638; 3530.2640; 3530.2642; and 3530.2644, are 
 95.31  repealed. 
 95.32                             ARTICLE 8 
 95.33               ADVISORY COMMITTEES AND MISCELLANEOUS 
 95.34                     K-12 EDUCATION PROVISIONS 
 95.35     Section 1.  Minnesota Statutes 2000, section 124D.80, 
 95.36  subdivision 1, is amended to read: 
 96.1      Subdivision 1.  [ESTABLISHMENT.] The commissioner of 
 96.2   children, families, and learning shall create one or more an 
 96.3   18-member American Indian education committees committee.  The 
 96.4   commissioner must appoint members with the assistance of the 
 96.5   Indian affairs council as provided under section 3.922, 
 96.6   subdivision 6, and the higher education services office.  
 96.7   Members must include representatives of tribal bodies, community 
 96.8   groups, parents of children eligible to be served by the 
 96.9   programs, American Indian administrators and teachers, persons 
 96.10  experienced in the training of teachers for American Indian 
 96.11  education programs, persons involved in programs for American 
 96.12  Indian children in American Indian schools, and persons 
 96.13  knowledgeable in the field of American Indian education.  
 96.14  Members shall be appointed so as to be representative of 
 96.15  significant segments of the population of American Indians, with 
 96.16  membership consisting of representatives from the 11 
 96.17  reservations and the Minnesota Chippewa tribe, the chair of the 
 96.18  Minnesota Indian affairs council, urban advisory council, and 
 96.19  five urban at-large representatives, two of which reside in the 
 96.20  metropolitan area, one of which resides in the Duluth area, one 
 96.21  of which resides in the Bemidji area, and one of which resides 
 96.22  in the southern region of the state.  
 96.23     Sec. 2.  Minnesota Statutes 2000, section 124D.80, 
 96.24  subdivision 2, is amended to read: 
 96.25     Subd. 2.  [COMMITTEE TO ADVISE COMMISSIONER.] Each The 
 96.26  committee on American Indian education programs shall advise the 
 96.27  commissioner in the administration of the commissioner's duties 
 96.28  under sections 124D.71 to 124D.82 and other programs for the 
 96.29  education of American Indian people, as determined by the 
 96.30  commissioner.  The committee shall also provide advice to the 
 96.31  commissioner in awarding scholarships to eligible American 
 96.32  Indian students and in administering the commissioner's duties 
 96.33  regarding awarding of American Indian post-secondary preparation 
 96.34  grants to school districts.  The committee may work in multiple 
 96.35  subcommittees focused on general Indian education issues and 
 96.36  scholarship-related issues.  
 97.1      Sec. 3.  Minnesota Statutes 2000, section 124D.80, 
 97.2   subdivision 3, is amended to read: 
 97.3      Subd. 3.  [EXPENSES; EXPIRATION.] Each The committee must 
 97.4   be reimbursed for expenses according to section 15.059, 
 97.5   subdivision 6.  The commissioner must determine the membership 
 97.6   terms and the duration of each the committee, which shall expire 
 97.7   no later than June 30, 2001 2003. 
 97.8      Sec. 4.  Minnesota Statutes 2000, section 127A.30, is 
 97.9   amended to read: 
 97.10     127A.30 [PERMANENT SCHOOL FUND ADVISORY COMMITTEE.] 
 97.11     A state permanent school fund advisory committee is 
 97.12  established to advise the department of natural resources on the 
 97.13  management of permanent school fund land, which is held in trust 
 97.14  for the school districts of the state.  The advisory committee 
 97.15  must consist of the following persons or their designees:  the 
 97.16  chairs of the education committees of the legislature, the 
 97.17  chairs of the senate committee on finance and house committee on 
 97.18  ways and means, the commissioner of children, families, and 
 97.19  learning, one superintendent from a nonmetropolitan district, 
 97.20  and one superintendent from a metropolitan area district.  The 
 97.21  school district superintendents shall be appointed by the 
 97.22  commissioner of children, families, and learning.  The advisory 
 97.23  committee shall expire June 30, 2003.  
 97.24     The advisory committee shall review the policies of the 
 97.25  department of natural resources and current statutes on 
 97.26  management of school trust fund lands at least semiannually and 
 97.27  shall recommend necessary changes in statutes, policy, and 
 97.28  implementation in order to ensure provident utilization of the 
 97.29  permanent school fund lands. 
 97.30     Sec. 5.  [REPEALER.] 
 97.31     Minnesota Statutes 2000, sections 124D.07, and 124D.23, 
 97.32  subdivision 9, are repealed. 
 97.33                             ARTICLE 9
 97.34                     CURRICULUM AND ASSESSMENT 
 97.35     Section 1.  Minnesota Statutes 2000, section 120B.11, 
 97.36  subdivision 5, is amended to read: 
 98.1      Subd. 5.  [REPORT.] (a) By October 1 of each year, the 
 98.2   school board shall use standard statewide reporting procedures 
 98.3   the commissioner develops and adopt a report that includes the 
 98.4   following: 
 98.5      (1) student performance goals for meeting state graduation 
 98.6   standards adopted for that year; 
 98.7      (2) results of local assessment data, and any additional 
 98.8   test data; 
 98.9      (3) the annual school district improvement plans; 
 98.10     (4) information about district and learning site progress 
 98.11  in realizing previously adopted improvement plans; and 
 98.12     (5) the amount and type of revenue attributed to each 
 98.13  education site as defined in section 123B.04. 
 98.14     (b) The school board shall publish the report in the local 
 98.15  newspaper with the largest circulation in the district or by 
 98.16  mail.  The board shall make a copy of the report available to 
 98.17  the public for inspection.  The board shall send a copy of the 
 98.18  report to the commissioner of children, families, and learning 
 98.19  by October 15 of each year. 
 98.20     (c) The title of the report shall contain the name and 
 98.21  number of the school district and read "Annual Report on 
 98.22  Curriculum, Instruction, and Student Performance."  The report 
 98.23  must include at least the following information about advisory 
 98.24  committee membership: 
 98.25     (1) the name of each committee member and the date when 
 98.26  that member's term expires; 
 98.27     (2) the method and criteria the school board uses to select 
 98.28  committee members; and 
 98.29     (3) the date by which a community resident must apply to 
 98.30  next serve on the committee. 
 98.31     Sec. 2.  Minnesota Statutes 2000, section 120B.22, 
 98.32  subdivision 1, is amended to read: 
 98.33     Subdivision 1.  [VIOLENCE PREVENTION CURRICULUM.] (a) The 
 98.34  commissioner of children, families, and learning, in 
 98.35  consultation with the commissioners of health and human 
 98.36  services, state minority councils, battered women's and domestic 
 99.1   abuse programs, battered women's shelters, sexual assault 
 99.2   centers, representatives of religious communities, and the 
 99.3   assistant commissioner of the office of drug policy and violence 
 99.4   prevention, shall assist districts on request in developing or 
 99.5   implementing a violence prevention program for students in 
 99.6   kindergarten to grade 12 that can be integrated into existing 
 99.7   curriculum.  The purpose of the program is to help students 
 99.8   learn how to resolve conflicts within their families and 
 99.9   communities in nonviolent, effective ways.  
 99.10     (b) Each district is encouraged to integrate into its 
 99.11  existing curriculum a program for violence prevention that 
 99.12  includes at least: 
 99.13     (1) a comprehensive, accurate, and age appropriate 
 99.14  curriculum on violence prevention, nonviolent conflict 
 99.15  resolution, sexual, racial, and cultural harassment, and student 
 99.16  hazing that promotes equality, respect, understanding, effective 
 99.17  communication, individual responsibility, thoughtful decision 
 99.18  making, positive conflict resolution, useful coping skills, 
 99.19  critical thinking, listening and watching skills, and personal 
 99.20  safety; 
 99.21     (2) planning materials, guidelines, and other accurate 
 99.22  information on preventing physical and emotional violence, 
 99.23  identifying and reducing the incidence of sexual, racial, and 
 99.24  cultural harassment, and reducing child abuse and neglect; 
 99.25     (3) a special parent education component of early childhood 
 99.26  family education programs to prevent child abuse and neglect and 
 99.27  to promote positive parenting skills, giving priority to 
 99.28  services and outreach programs for at-risk families; 
 99.29     (4) involvement of parents and other community members, 
 99.30  including the clergy, business representatives, civic leaders, 
 99.31  local elected officials, law enforcement officials, and the 
 99.32  county attorney; 
 99.33     (5) collaboration with local community services, agencies, 
 99.34  and organizations that assist in violence intervention or 
 99.35  prevention, including family-based services, crisis services, 
 99.36  life management skills services, case coordination services, 
100.1   mental health services, and early intervention services; 
100.2      (6) collaboration among districts and service cooperatives; 
100.3      (7) targeting early adolescents for prevention efforts, 
100.4   especially early adolescents whose personal circumstances may 
100.5   lead to violent or harassing behavior; 
100.6      (8) opportunities for teachers to receive in-service 
100.7   training or attend other programs on strategies or curriculum 
100.8   designed to assist students in intervening in or preventing 
100.9   violence in school and at home; and 
100.10     (9) administrative policies that reflect, and a staff that 
100.11  models, nonviolent behaviors that do not display or condone 
100.12  sexual, racial, or cultural harassment or student hazing. 
100.13     (c) The department may provide assistance at a neutral site 
100.14  to a nonpublic school participating in a district's program. 
100.15     Sec. 3.  [REPEALER.] 
100.16     Minnesota Statutes 2000, sections 120B.10; 120B.11, 
100.17  subdivisions 3, 4, and 7; and 120B.24, are repealed. 
100.18                             ARTICLE 10
100.19           STUDENT RIGHTS, RESPONSIBILITIES, AND BEHAVIOR 
100.20     Section 1.  Minnesota Statutes 2000, section 121A.06, is 
100.21  amended to read: 
100.22     121A.06 [REPORTS OF DANGEROUS WEAPON INCIDENTS IN SCHOOL 
100.23  ZONES.] 
100.24     Subdivision 1.  [DEFINITIONS.] As used in this section: 
100.25     (1) "dangerous weapon" has the meaning given it in section 
100.26  609.02, subdivision 6; and 
100.27     (2) "school" has the meaning given it in section 120A.22, 
100.28  subdivision 4; and 
100.29     (3) "school zone" has the meaning given it in section 
100.30  152.01, subdivision 14a, clauses (1) and (3). 
100.31     Subd. 2.  [REPORTS; CONTENT.] By January 1, 1994, The 
100.32  commissioner, in consultation with the criminal and juvenile 
100.33  information policy group, shall develop maintain a standardized 
100.34  form to be used by schools to report incidents involving the use 
100.35  or possession of a dangerous weapon in school zones.  The form 
100.36  shall include the following information: 
101.1      (1) a description of each incident, including a description 
101.2   of the dangerous weapon involved in the incident; 
101.3      (2) where, at what time, and under what circumstances the 
101.4   incident occurred; 
101.5      (3) information about the offender, other than the 
101.6   offender's name, including the offender's age; whether the 
101.7   offender was a student and, if so, where the offender attended 
101.8   school; and whether the offender was under school expulsion or 
101.9   suspension at the time of the incident; 
101.10     (4) information about the victim other than the victim's 
101.11  name, if any, including the victim's age; whether the victim was 
101.12  a student and, if so, where the victim attended school; and if 
101.13  the victim was not a student, whether the victim was employed at 
101.14  the school; 
101.15     (5) the cost of the incident to the school and to the 
101.16  victim; and 
101.17     (6) the action taken by the school administration to 
101.18  respond to the incident. 
101.19     The commissioner also shall develop an alternative 
101.20  reporting format that allows school districts to provide 
101.21  aggregate data, with an option to use computer technology to 
101.22  report the data. 
101.23     Subd. 3.  [REPORTS; FILING REQUIREMENTS.] By February 1 and 
101.24  July 1 of each year, each school shall report incidents 
101.25  involving the use or possession of a dangerous weapon in school 
101.26  zones to the commissioner.  The reports must be made on the 
101.27  standardized forms or using the alternative format developed by 
101.28  the commissioner under subdivision 2.  The commissioner shall 
101.29  compile the information it receives from the schools and report 
101.30  it annually to the commissioner of public safety, the criminal 
101.31  and juvenile information policy group, and the legislature. 
101.32     Sec. 2.  Minnesota Statutes 2000, section 121A.11, 
101.33  subdivision 1, is amended to read: 
101.34     Subdivision 1.  [DISPLAYED BY SCHOOLS.] Every public school 
101.35  in Minnesota must display an appropriate United States flag when 
101.36  in session.  The flag shall be displayed upon the school grounds 
102.1   or outside the school building, on a proper staff, on every 
102.2   legal holiday occurring during the school term and at such other 
102.3   times as the board of the district may direct.  The flag must be 
102.4   displayed within the principal rooms of the school building at 
102.5   all other times while school is in session. 
102.6      Sec. 3.  Minnesota Statutes 2000, section 121A.15, is 
102.7   amended to read: 
102.8      121A.15 [HEALTH STANDARDS; IMMUNIZATIONS; SCHOOL CHILDREN.] 
102.9      Subdivision 1.  Except as provided in subdivisions 3, 4, 
102.10  and 10, no person over two months old may be allowed to enroll 
102.11  or remain enrolled in any elementary or secondary school or 
102.12  child care facility in this state until the person has submitted 
102.13  to the administrator or other person having general control and 
102.14  supervision of the school or child care facility, one of the 
102.15  following statements: 
102.16     (1) a statement from a physician or a public clinic which 
102.17  provides immunizations an immunization provider stating that the 
102.18  person has received immunization, consistent with medically 
102.19  acceptable standards, against measles after having attained the 
102.20  age of 12 months, rubella, diphtheria, tetanus, pertussis, 
102.21  polio, mumps, haemophilus influenza type b, and hepatitis B; or 
102.22     (2) a statement from a physician or a public clinic which 
102.23  provides immunizations an immunization provider stating that the 
102.24  person has received immunizations, consistent with medically 
102.25  acceptable standards, against measles after having attained the 
102.26  age of 12 months, rubella, mumps, and haemophilus influenza type 
102.27  b and that the person has commenced a schedule of immunizations 
102.28  for diphtheria, tetanus, pertussis, polio, and hepatitis B and 
102.29  which indicates the month and year of each immunization received.
102.30     Subd. 2.  [SCHEDULE OF IMMUNIZATIONS.] No person who has 
102.31  commenced a treatment schedule of immunization pursuant to 
102.32  subdivision 1, clause (2), may remain enrolled in any child care 
102.33  facility, elementary, or secondary school in this state after 18 
102.34  months of enrollment unless there is submitted to the 
102.35  administrator, or other person having general control and 
102.36  supervision of the school or child care facility, a statement 
103.1   from a physician or a public clinic which provides immunizations 
103.2   an immunization provider's statement that the person has 
103.3   completed the primary schedule of immunizations for diphtheria, 
103.4   tetanus, pertussis, polio, and hepatitis B.  The statement must 
103.5   include the month, day, and year of each additional immunization 
103.6   received.  For a child less than seven years of age, a primary 
103.7   schedule of immunizations shall consist of four doses of vaccine 
103.8   for diphtheria, tetanus, and pertussis and three doses of 
103.9   vaccine for poliomyelitis and hepatitis B.  For a child seven 
103.10  years of age or older, a primary schedule of immunizations shall 
103.11  consist of three doses of vaccine for diphtheria, tetanus, 
103.12  polio, and hepatitis B as specified in subdivision 10. 
103.13     Subd. 3.  [EXEMPTIONS FROM IMMUNIZATIONS.] (a) If a person 
103.14  is at least seven years old and has not been immunized against 
103.15  pertussis, the person must not be required to be immunized 
103.16  against pertussis. 
103.17     (b) If a person is at least 18 years old and has not 
103.18  completed a series of immunizations against poliomyelitis, the 
103.19  person must not be required to be immunized against 
103.20  poliomyelitis.  
103.21     (c) If a statement, signed by a physician, is submitted to 
103.22  the administrator or other person having general control and 
103.23  supervision of the school or child care facility stating that an 
103.24  immunization is contraindicated for medical reasons or that 
103.25  laboratory confirmation of the presence of adequate immunity 
103.26  exists, the immunization specified in the statement need not be 
103.27  required.  
103.28     (d) If a notarized statement signed by the minor child's 
103.29  parent or guardian or by the emancipated person is submitted to 
103.30  the administrator or other person having general control and 
103.31  supervision of the school or child care facility stating that 
103.32  the person has not been immunized as prescribed in subdivision 1 
103.33  because of the conscientiously held beliefs of the parent or 
103.34  guardian of the minor child or of the emancipated person, the 
103.35  immunizations specified in the statement shall not be required.  
103.36  This statement must also be forwarded to the commissioner of the 
104.1   department of health.  
104.2      (e) If the person is under 15 months, the person is not 
104.3   required to be immunized against measles, rubella, or mumps. 
104.4      (f) If a person is at least five years old and has not been 
104.5   immunized against haemophilus influenza type b, the person is 
104.6   not required to be immunized against haemophilus influenza type 
104.7   b. 
104.8      Subd. 4.  [SUBSTITUTE IMMUNIZATION STATEMENT.] (a) A person 
104.9   who is enrolling or enrolled in an elementary or secondary 
104.10  school or child care facility may substitute a statement from 
104.11  the emancipated person or a parent or guardian if the person is 
104.12  a minor child in lieu of the statement from a physician or 
104.13  public clinic which provides immunizations an immunization 
104.14  provider.  If the statement is from a parent or guardian or 
104.15  emancipated person, the statement must indicate the month and 
104.16  year of each immunization given. 
104.17     (b) In order for the statement to be acceptable for a 
104.18  person who is enrolling in an elementary school and who is six 
104.19  years of age or younger, it must indicate that the following was 
104.20  given:  no less than one dose of vaccine each for measles, 
104.21  mumps, and rubella given separately or in combination; no less 
104.22  than four doses of vaccine for poliomyelitis, unless the third 
104.23  dose was given after the fourth birthday, then three doses are 
104.24  minimum; no less than five doses of vaccine for diphtheria, 
104.25  tetanus, and pertussis, unless the fourth dose was given after 
104.26  the fourth birthday, then four doses are minimum; and no less 
104.27  than three doses of vaccine for hepatitis B as specified in 
104.28  subdivision 10.  
104.29     (c) In order for the statement to be consistent with 
104.30  subdivision 10 and acceptable for a person who is enrolling in 
104.31  an elementary or secondary school and is age seven through age 
104.32  19, the statement must indicate that the person has received no 
104.33  less than one dose of vaccine each for measles, mumps, and 
104.34  rubella given separately or in combination, and no less than 
104.35  three doses of vaccine for poliomyelitis, diphtheria, tetanus, 
104.36  and hepatitis B.  
105.1      (d) In order for the statement to be acceptable for a 
105.2   person who is enrolling in a secondary school, and who was born 
105.3   after 1956 and is 20 years of age or older, the statement must 
105.4   indicate that the person has received no less than one dose of 
105.5   vaccine each for measles, mumps, and rubella given separately or 
105.6   in combination, and no less than one dose of vaccine for 
105.7   diphtheria and tetanus within the preceding ten years. 
105.8      (e) In order for the statement to be acceptable for a 
105.9   person who is enrolling in a child care facility and who is at 
105.10  least 15 months old but who has not reached five years of age, 
105.11  it must indicate that the following were given:  no less than 
105.12  one dose of vaccine each for measles, mumps, and rubella given 
105.13  separately or in combination; no less than one dose of vaccine 
105.14  for haemophilus influenza type b; no less than four doses of 
105.15  vaccine for diphtheria, tetanus, and pertussis; and no less than 
105.16  three doses of vaccine for poliomyelitis. 
105.17     (f) In order for the statement to be acceptable for a 
105.18  person who is enrolling in a child care facility and who is five 
105.19  or six years of age, it must indicate that the following was 
105.20  given:  no less than one dose of vaccine each for measles, 
105.21  mumps, and rubella given separately or in combination; no less 
105.22  than four doses of vaccine for diphtheria, tetanus, and 
105.23  pertussis; and no less than three doses of vaccine for 
105.24  poliomyelitis. 
105.25     (g) In order for the statement to be acceptable for a 
105.26  person who is enrolling in a child care facility and who is 
105.27  seven years of age or older, the statement must indicate that 
105.28  the person has received no less than one dose of vaccine each 
105.29  for measles, mumps, and rubella given separately or in 
105.30  combination and, consistent with subdivision 10, and no less 
105.31  than three doses of vaccine for poliomyelitis, diphtheria, and 
105.32  tetanus.  
105.33     (h) The commissioner of health, on finding that any of the 
105.34  above requirements are not necessary to protect the public's 
105.35  health, may suspend for one year that requirement.  
105.36     Subd. 5.  [TRANSFER OF IMMUNIZATION STATEMENTS.] If a 
106.1   person transfers from one elementary or secondary school to 
106.2   another, the school board of a public school district or the 
106.3   administrator of a nonpublic school may allow the person up to a 
106.4   maximum of 30 days to submit one or more of the statements as 
106.5   specified in subdivision 1 or 3, during which time the person 
106.6   may enroll in and attend the school.  If a person enrolls in a 
106.7   child care facility in which at least 75 percent of children in 
106.8   the facility participate on a one-time only or occasional basis 
106.9   to a maximum of 45 hours per child, per month, or is placed in a 
106.10  facility by a crisis nursery, the person shall be exempt from 
106.11  all requirements of this section for up to five consecutive 
106.12  days, starting from the first day of attendance. 
106.13     Subd. 6.  [SUSPENSION OF IMMUNIZATION REQUIREMENT.] The 
106.14  commissioner of health, on finding that an immunization required 
106.15  pursuant to this section is not necessary to protect the 
106.16  public's health, may suspend for one year the requirement that 
106.17  children receive that immunization. 
106.18     Subd. 7.  [FILE ON IMMUNIZATION RECORDS.] Each school or 
106.19  child care facility shall maintain on file immunization records 
106.20  for all persons in attendance that contain the information 
106.21  required by subdivisions 1, 2, and 3.  The school shall maintain 
106.22  the records for at least five years after the person attains the 
106.23  age of majority.  The department of health and the board of 
106.24  health, as defined in section 145A.02, subdivision 2, in whose 
106.25  jurisdiction the school or child care facility is located, shall 
106.26  have access to the files maintained pursuant to this 
106.27  subdivision.  When a person transfers to another elementary or 
106.28  secondary school or child care facility, the administrator or 
106.29  other person having general control and supervision of the 
106.30  school or child care facility shall assist the person's parent 
106.31  or guardian in the transfer of the immunization file to the 
106.32  person's new school or child care facility within 30 days of the 
106.33  transfer.  Upon the request of a public or private 
106.34  post-secondary educational institution, as defined in section 
106.35  135A.14, the administrator or other person having general 
106.36  control or supervision of a school shall assist in the transfer 
107.1   of a student's immunization file to the post-secondary 
107.2   institution. 
107.3      Subd. 8.  [REPORT.] The administrator or other person 
107.4   having general control and supervision of the elementary or 
107.5   secondary school shall file a report with the commissioner on 
107.6   all persons enrolled in the school.  The superintendent of each 
107.7   district shall file a report with the commissioner for all 
107.8   persons within the district receiving instruction in a home 
107.9   school in compliance with sections 120A.22 and 120A.24.  The 
107.10  parent of persons receiving instruction in a home school shall 
107.11  submit the statements as required by subdivisions 1, 2, 3, and 4 
107.12  to the superintendent of the district in which the person 
107.13  resides by October 1 of each school year.  The school report 
107.14  must be prepared on forms developed jointly by the commissioner 
107.15  of health and the commissioner of children, families, and 
107.16  learning and be distributed to the local districts by the 
107.17  commissioner of health.  The school report must state the number 
107.18  of persons attending the school, the number of persons who have 
107.19  not been immunized according to subdivision 1 or 2, and the 
107.20  number of persons who received an exemption under subdivision 3, 
107.21  clause (c) or (d).  The school report must be filed with the 
107.22  commissioner of children, families, and learning within 60 days 
107.23  of the commencement of each new school term.  Upon request, a 
107.24  district must be given a 60-day extension for filing the school 
107.25  report.  The commissioner of children, families, and learning 
107.26  shall forward the report, or a copy thereof, to the commissioner 
107.27  of health who shall provide summary reports to boards of health 
107.28  as defined in section 145A.02, subdivision 2.  The administrator 
107.29  or other person having general control and supervision of the 
107.30  child care facility shall file a report with the commissioner of 
107.31  human services on all persons enrolled in the child care 
107.32  facility.  The child care facility report must be prepared on 
107.33  forms developed jointly by the commissioner of health and the 
107.34  commissioner of human services and be distributed to child care 
107.35  facilities by the commissioner of health.  The child care 
107.36  facility report must state the number of persons enrolled in the 
108.1   facility, the number of persons with no immunizations, the 
108.2   number of persons who received an exemption under subdivision 3, 
108.3   clause (c) or (d), and the number of persons with partial or 
108.4   full immunization histories.  The child care facility report 
108.5   must be filed with the commissioner of human services by 
108.6   November 1 of each year.  The commissioner of human services 
108.7   shall forward the report, or a copy thereof, to the commissioner 
108.8   of health who shall provide summary reports to boards of health 
108.9   as defined in section 145A.02, subdivision 2.  The report 
108.10  required by this subdivision is not required of a family child 
108.11  care or group family child care facility, for prekindergarten 
108.12  children enrolled in any elementary or secondary school provided 
108.13  services according to sections 125A.05 and 125A.06, nor for 
108.14  child care facilities in which at least 75 percent of children 
108.15  in the facility participate on a one-time only or occasional 
108.16  basis to a maximum of 45 hours per child, per month.  
108.17     Subd. 9.  [DEFINITIONS.] As used in this section the 
108.18  following terms have the meanings given them. 
108.19     (a) "Elementary or secondary school" includes any public 
108.20  school as defined in section 120A.05, subdivisions 9, 11, 13, 
108.21  and 17, or nonpublic school, church, or religious organization, 
108.22  or home school in which a child is provided instruction in 
108.23  compliance with sections 120A.22 and 120A.24. 
108.24     (b) "Person enrolled in any elementary or secondary school" 
108.25  means a person born after 1956 and enrolled in grades 
108.26  kindergarten through 12, and a child with a disability receiving 
108.27  special instruction and services as required in sections section 
108.28  125A.03 to 125A.24 and 125A.65, excluding a child being provided 
108.29  services according to section 125A.05, paragraph (c), or 
108.30  125A.06, paragraph (d).  
108.31     (c) "Child care facility" includes those child care 
108.32  programs subject to licensure under chapter 245A, and Minnesota 
108.33  Rules, chapters 9502 and 9503. 
108.34     (d) "Family child care" means child care for no more than 
108.35  ten children at one time of which no more than six are under 
108.36  school age.  The licensed capacity must include all children of 
109.1   any caregiver when the children are present in the residence. 
109.2      (e) "Group family child care" means child care for no more 
109.3   than 14 children at any one time.  The total number of children 
109.4   includes all children of any caregiver when the children are 
109.5   present in the residence. 
109.6      (f) "Administrator" means any individual having general 
109.7   control and supervision of a school or child care facility. 
109.8      (g) "Immunization provider" means any physician, health 
109.9   care provider, or public clinic that provides immunizations. 
109.10     Subd. 10.  [REQUIREMENTS FOR IMMUNIZATION STATEMENTS.] A 
109.11  statement required to be submitted under subdivisions 1, 2, and 
109.12  4 to document evidence of immunization shall include month, day, 
109.13  and year for immunizations administered after January 1, 1990.  
109.14     (a) For persons enrolled in grades 7 and 12 during the 
109.15  1996-1997 school term, the statement must indicate that the 
109.16  person has received a dose of tetanus and diphtheria toxoid no 
109.17  earlier than 11 years of age. 
109.18     (b) Except as specified in paragraph (e), for persons 
109.19  enrolled in grades 7, 8, and 12 during the 1997-1998 school 
109.20  term, the statement must indicate that the person has received a 
109.21  dose of tetanus and diphtheria toxoid no earlier than 11 years 
109.22  of age.  
109.23     (c) Except as specified in paragraph (e) (c), for persons 
109.24  enrolled in grades 7 through 12 during the 1998-1999 school term 
109.25  and for each year thereafter, the statement must indicate that 
109.26  the person has received a dose of tetanus and diphtheria toxoid 
109.27  no earlier than 11 years of age.  
109.28     (d) (b) For persons enrolled in grades 7 through 12 during 
109.29  the 1996-1997 school year and for each year thereafter, the 
109.30  statement must indicate that the person has received at least 
109.31  two doses of vaccine against measles, mumps, and rubella, given 
109.32  alone or separately and given not less than one month apart. 
109.33     (e) (c) A person who has received at least three doses of 
109.34  tetanus and diphtheria toxoids, with the most recent dose given 
109.35  after age six and before age 11, is not required to have 
109.36  additional immunization against diphtheria and tetanus until ten 
110.1   years have elapsed from the person's most recent dose of tetanus 
110.2   and diphtheria toxoid. 
110.3      (f) (d) The requirement for hepatitis B vaccination shall 
110.4   apply to persons enrolling in kindergarten beginning with the 
110.5   2000-2001 school term. 
110.6      (g) (e) The requirement for hepatitis B vaccination shall 
110.7   apply to persons enrolling in grade 7 beginning with the 
110.8   2001-2002 school term. 
110.9      Subd. 11.  [COMMISSIONER OF HUMAN SERVICES; CONTINUED 
110.10  RESPONSIBILITIES.] Nothing in this section relieves the 
110.11  commissioner of human services of the responsibility, under 
110.12  chapter 245A, to inspect and assure that statements required by 
110.13  this section are on file at child care programs subject to 
110.14  licensure. 
110.15     Sec. 4.  Minnesota Statutes 2000, section 121A.26, is 
110.16  amended to read: 
110.17     121A.26 [SCHOOL PREASSESSMENT TEAMS.] 
110.18     Every public school, and every nonpublic school that 
110.19  participates in a school district chemical abuse program shall 
110.20  establish a chemical abuse preassessment team.  The 
110.21  preassessment team must be composed of classroom teachers, 
110.22  administrators, and to the extent they exist in each school, 
110.23  school nurse, school counselor or psychologist, social worker, 
110.24  chemical abuse specialist, and other appropriate professional 
110.25  staff.  The superintendents or their designees shall designate 
110.26  the team members in the public schools.  The preassessment team 
110.27  is responsible for addressing reports of chemical abuse problems 
110.28  and making recommendations for appropriate responses to the 
110.29  individual reported cases.  Districts shall adopt a process for 
110.30  addressing reports of chemical abuse problems. 
110.31     Within 45 days after receiving an individual reported case, 
110.32  the preassessment team shall make a determination whether to 
110.33  provide the student and, in the case of a minor, the student's 
110.34  parents with information about school and community services in 
110.35  connection with chemical abuse.  Data may be disclosed without 
110.36  consent in health and safety emergencies pursuant to section 
111.1   13.32 and applicable federal law and regulations.  
111.2      Notwithstanding section 138.163, destruction of records 
111.3   identifying individual students shall be governed by this 
111.4   section.  If the preassessment team decides not to provide a 
111.5   student and, in the case of a minor, the student's parents with 
111.6   information about school or community services in connection 
111.7   with chemical abuse, records created or maintained by the 
111.8   preassessment team about the student shall be destroyed not 
111.9   later than six months after the determination is made.  If the 
111.10  preassessment team decides to provide a student and, in the case 
111.11  of a minor, the student's parents with information about school 
111.12  or community services in connection with chemical abuse, records 
111.13  created or maintained by the preassessment team about the 
111.14  student shall be destroyed not later than six months after the 
111.15  student is no longer enrolled in the district. 
111.16     Sec. 5.  Minnesota Statutes 2000, section 121A.27, is 
111.17  amended to read: 
111.18     121A.27 [SCHOOL AND COMMUNITY ADVISORY TEAM.] 
111.19     The superintendent, with the advice of the school board, 
111.20  shall establish a school and community advisory team to address 
111.21  chemical abuse problems in the district.  The school and 
111.22  community advisory team must be composed of representatives from 
111.23  the school preassessment team established in section 121A.26, to 
111.24  the extent possible, law enforcement agencies, county attorney's 
111.25  office, social service agencies, chemical abuse treatment 
111.26  programs, parents, and the business community.  The community 
111.27  advisory team shall: 
111.28     (1) build awareness of the problem within the community, 
111.29  identify available treatment and counseling programs for 
111.30  students and develop good working relationships and enhance 
111.31  communication between the schools and other community agencies; 
111.32  and 
111.33     (2) develop a written procedure clarifying the notification 
111.34  process to be used by the chemical abuse preassessment team 
111.35  established under section 121A.26 when a student is believed to 
111.36  be in possession of or under the influence of alcohol or a 
112.1   controlled substance.  The procedure must include contact with 
112.2   the student, and the student's parents or guardian in the case 
112.3   of a minor student.  
112.4      Sec. 6.  Minnesota Statutes 2000, section 121A.28, is 
112.5   amended to read: 
112.6      121A.28 [LAW ENFORCEMENT RECORDS.] 
112.7      A law enforcement agency shall provide notice of any drug 
112.8   incident occurring within the agency's jurisdiction, in which 
112.9   the agency has probable cause to believe a student violated 
112.10  section 152.021, 152.022, 152.023, 152.024, 152.025, 152.027, 
112.11  152.097, or 340A.503, subdivision 1, 2, or 3.  The notice shall 
112.12  be in writing and shall be provided, within two weeks after an 
112.13  incident occurs, to the chemical abuse preassessment team in the 
112.14  school where the student is enrolled. 
112.15     Sec. 7.  Minnesota Statutes 2000, section 121A.29, 
112.16  subdivision 1, is amended to read: 
112.17     Subdivision 1.  [TEACHER'S DUTY.] A teacher in a nonpublic 
112.18  school participating in a school district chemical use program, 
112.19  or a public school teacher, who knows or has reason to believe 
112.20  that a student is using, possessing, or transferring alcohol or 
112.21  a controlled substance while on the school premises or involved 
112.22  in school-related activities, shall immediately notify 
112.23  the school's chemical abuse preassessment team school of this 
112.24  information.  A teacher who complies with this section shall be 
112.25  defended and indemnified under section 466.07, subdivision 1, in 
112.26  any action for damages arising out of the compliance. 
112.27     Sec. 8.  Minnesota Statutes 2000, section 121A.32, 
112.28  subdivision 1, is amended to read: 
112.29     Subdivision 1.  [REQUIREMENT TO WEAR EYE PROTECTIVE 
112.30  DEVICES.] (a) As a condition of enrollment in a course or 
112.31  activity, every person student shall wear industrial quality eye 
112.32  protective devices when participating in, observing or 
112.33  performing any function in connection with, any courses or 
112.34  activities taking place in eye protection areas, as defined in 
112.35  subdivision 3, of any school, college, university or other 
112.36  educational elementary or secondary institution in the state.  
113.1      (b) Industrial quality eye protective devices are defined 
113.2   as those meeting the standards of the American National 
113.3   Standards Institute, currently identified as ANSI 287.1-1968. 
113.4      (c) Any student failing to comply with this requirement may 
113.5   be temporarily suspended from participation in that activity.  
113.6   Repeated failure to comply with this requirement shall result in 
113.7   cancellation of the student from the activity or course. 
113.8      Sec. 9.  Minnesota Statutes 2000, section 121A.34, is 
113.9   amended to read: 
113.10     121A.34 [SCHOOL SAFETY PATROLS.] 
113.11     Subdivision 1.  [ESTABLISHMENT.] In the exercise of 
113.12  authorized control and supervision over pupils attending schools 
113.13  and other educational institutions, both public and private, The 
113.14  governing board or other directing authority of any such school 
113.15  or institution is empowered to authorize the organization and 
113.16  supervision of school safety patrols for the purpose of 
113.17  influencing and encouraging other pupils to refrain from 
113.18  crossing public highways at points other than regular crossings 
113.19  and for the purpose of directing pupils when and where to cross 
113.20  highways.  
113.21     Subd. 2.  [APPOINTMENT OF MEMBERS.] Unless the parents or 
113.22  guardian of a pupil object in writing to the school authorities 
113.23  to the appointment of the pupil on a school safety patrol, it is 
113.24  lawful for any A pupil over nine years of age to old may be 
113.25  appointed and designated as a member of to the patrol in any 
113.26  school in which.  If there are no pupils who have attained such 
113.27  age at least nine years old, then any pupil in the highest grade 
113.28  therein in that school may be so appointed and 
113.29  designated.  The pupil's parent or guardian may object to the 
113.30  appointment in writing to school authorities.  School 
113.31  authorities may also appoint and designate nonpupil adults as 
113.32  members of a school safety patrol on a voluntary or for-hire 
113.33  basis. 
113.34     Subd. 3.  [LIABILITY NOT TO ATTACH.] No liability shall 
113.35  attach either to the A school, educational institution, 
113.36  governing board, directing authority, or any individual 
114.1   director, board member, superintendent, principal, teacher, or 
114.2   other school authority by virtue of the organization, 
114.3   maintenance, or operation of such a school safety patrol shall 
114.4   not be liable because of injuries sustained by any pupil, 
114.5   whether a member of the patrol or otherwise by reason of due to 
114.6   the operation and maintenance of the patrol.  
114.7      Subd. 4.  [IDENTIFY, OPERATION.] Identification and 
114.8   operation of school safety patrols shall be uniform throughout 
114.9   the state and the method of identification and signals to be 
114.10  used shall be as prescribed by the commissioner of public 
114.11  safety.  School safety patrol members may wear fluorescent 
114.12  reflective vests. 
114.13     Sec. 10.  Minnesota Statutes 2000, section 121A.55, is 
114.14  amended to read: 
114.15     121A.55 [POLICIES TO BE ESTABLISHED.] 
114.16     (a) The commissioner of children, families, and learning 
114.17  shall promulgate guidelines to assist each school board.  Each 
114.18  school board shall establish uniform criteria for dismissal and 
114.19  adopt written policies and rules to effectuate the purposes of 
114.20  sections 121A.40 to 121A.56.  The policies shall emphasize 
114.21  preventing dismissals through early detection of problems and 
114.22  shall be designed to address students' inappropriate behavior 
114.23  from recurring.  The policies shall recognize the continuing 
114.24  responsibility of the school for the education of the pupil 
114.25  during the dismissal period.  The alternative educational 
114.26  services, if the pupil wishes to take advantage of them, must be 
114.27  adequate to allow the pupil to make progress towards meeting the 
114.28  graduation standards adopted under section 120B.02 and help 
114.29  prepare the pupil for readmission.  
114.30     (b) An area learning center under section 123A.05 may not 
114.31  prohibit an expelled or excluded pupil from enrolling solely 
114.32  because a district expelled or excluded the pupil.  The board of 
114.33  the area learning center may use the provisions of the Pupil 
114.34  Fair Dismissal Act to exclude a pupil or to require an admission 
114.35  plan. 
114.36     (c) The commissioner shall actively encourage and assist 
115.1   school districts to cooperatively establish alternative 
115.2   educational services within school buildings or at alternative 
115.3   program sites that offer instruction to pupils who are dismissed 
115.4   from school for willfully engaging in dangerous, disruptive, or 
115.5   violent behavior, including for possessing a firearm in a school 
115.6   zone. 
115.7      Sec. 11.  Minnesota Statutes 2000, section 121A.69, 
115.8   subdivision 3, is amended to read: 
115.9      Subd. 3.  [SCHOOL BOARD POLICY.] Each school board shall 
115.10  adopt a written policy governing student or staff hazing.  The 
115.11  policy must apply to student behavior that occurs on or off 
115.12  school property and during and after school hours.  The policy 
115.13  must include reporting procedures and disciplinary consequences 
115.14  for violating the policy.  Disciplinary consequences must be 
115.15  sufficiently severe to deter violations and appropriately 
115.16  discipline prohibited behavior.  Disciplinary consequences must 
115.17  conform with sections 121A.41 to 121A.56.  Each school must 
115.18  include the policy in the student handbook on school policies. 
115.19     Sec. 12.  [REPEALER.] 
115.20     Minnesota Statutes 2000, sections 121A.03, subdivision 3; 
115.21  121A.16; 121A.32, subdivisions 2, 4, and 5; and 121A.41, 
115.22  subdivision 3, are repealed. 
115.23                             ARTICLE 11
115.24                    TEACHERS AND OTHER EDUCATORS 
115.25     Section 1.  Minnesota Statutes 2000, section 122A.09, 
115.26  subdivision 6, is amended to read: 
115.27     Subd. 6.  [REGISTER OF PERSONS LICENSED.] The executive 
115.28  secretary of the board of teaching shall keep a record of the 
115.29  proceedings of and a register of all persons licensed pursuant 
115.30  to the provisions of this chapter.  The register must show the 
115.31  name, address, license number and the renewal of the license.  
115.32  The board must on July 1, of each year or as soon thereafter as 
115.33  is practicable, compile a list of such duly licensed teachers 
115.34  and transmit a copy of the list to the board.  A copy of the 
115.35  register must be available during business hours at the office 
115.36  of the board to any interested person.  
116.1      Sec. 2.  Minnesota Statutes 2000, section 122A.15, is 
116.2   amended to read: 
116.3      122A.15 [TEACHERS, SUPERVISORY AND SUPPORT PERSONNEL, 
116.4   DEFINITIONS, LICENSURE.] 
116.5      Subdivision 1.  [TEACHERS.] The term "teachers" for the 
116.6   purpose of licensure, means all persons employed in a public 
116.7   school or education district or by a service cooperative as 
116.8   members of the instructional, supervisory, and support staff 
116.9   including superintendents, principals, supervisors, secondary 
116.10  vocational and other classroom teachers, librarians, counselors, 
116.11  school psychologists, school nurses, school social workers, 
116.12  audio-visual directors and coordinators, recreation personnel, 
116.13  media generalists, media supervisors, and speech therapists 
116.14  educational speech-language pathologists.  
116.15     Subd. 2.  [SUPERVISORY PERSONNEL.] "Supervisory personnel" 
116.16  for the purpose of licensure means superintendents, principals, 
116.17  and professional employees who devote 50 percent or more of 
116.18  their time to administrative or supervisory duties over other 
116.19  personnel, and includes athletic coaches.  
116.20     Sec. 3.  Minnesota Statutes 2000, section 122A.22, is 
116.21  amended to read: 
116.22     122A.22 [DISTRICT RECORDING OF TEACHER LICENSES.] 
116.23     No person shall be accounted a qualified teacher until the 
116.24  person has filed either a teaching license for record or a 
116.25  certified copy of a teaching license with the district 
116.26  superintendent where the person intends to teach a license, or 
116.27  certified copy of a license, authorizing the person to teach 
116.28  school in the district school system. 
116.29     Sec. 4.  Minnesota Statutes 2000, section 122A.40, 
116.30  subdivision 5, is amended to read: 
116.31     Subd. 5.  [PROBATIONARY PERIOD.] (a) The first three 
116.32  consecutive years of a teacher's first teaching experience in 
116.33  Minnesota in a single district is deemed to be a probationary 
116.34  period of employment, and after completion thereof, the 
116.35  probationary period in each district in which the teacher is 
116.36  thereafter employed shall be one year.  The school board must 
117.1   adopt a plan for written evaluation of teachers during the 
117.2   probationary period.  Evaluation must occur at least three times 
117.3   each year for a teacher performing services on 120 or more 
117.4   school days, at least two times each year for a teacher 
117.5   performing services on 60 to 119 school days, and at least one 
117.6   time each year for a teacher performing services on fewer than 
117.7   60 school days.  Days devoted to parent-teacher conferences, 
117.8   teachers' workshops, and other staff development opportunities 
117.9   and days on which a teacher is absent from school must not be 
117.10  included in determining the number of school days on which a 
117.11  teacher performs services.  Except as otherwise provided in 
117.12  paragraph (b), during the probationary period any annual 
117.13  contract with any teacher may or may not be renewed as the 
117.14  school board shall see fit.  However, The board must give any 
117.15  such probationary teacher whose contract it declines to renew 
117.16  for the following school year written notice to that effect 
117.17  before July 1.  If the teacher requests reasons for any 
117.18  nonrenewal of a teaching contract, the board must give the 
117.19  teacher its reason in writing, including a statement that 
117.20  appropriate supervision was furnished describing the nature and 
117.21  the extent of such supervision furnished the teacher during the 
117.22  employment by the board, within ten days after receiving such 
117.23  request.  The school board may, after a hearing held upon due 
117.24  notice, discharge a teacher during the probationary period for 
117.25  cause, effective immediately, under section 122A.44.  
117.26     (b) A board must discharge a probationary teacher, 
117.27  effective immediately, upon receipt of notice under section 
117.28  122A.20, subdivision 1, paragraph (b), that the teacher's 
117.29  license has been revoked due to a conviction for child abuse or 
117.30  sexual abuse. 
117.31     Sec. 5.  Minnesota Statutes 2000, section 122A.40, 
117.32  subdivision 8, is amended to read: 
117.33     Subd. 8.  [PEER REVIEW FOR CONTINUING CONTRACT TEACHERS.] A 
117.34  school board and an exclusive representative of the teachers in 
117.35  the district shall develop a peer review process for continuing 
117.36  contract teachers and probationary teachers through joint 
118.1   agreement. 
118.2      Sec. 6.  Minnesota Statutes 2000, section 122A.40, 
118.3   subdivision 19, is amended to read: 
118.4      Subd. 19.  [RECORDS RELATING TO INDIVIDUAL TEACHER; ACCESS; 
118.5   EXPUNGEMENT.] All evaluations and files generated within a 
118.6   school district relating to each individual teacher must be 
118.7   available to each individual teacher upon written request.  
118.8   Effective January 1, 1976, all evaluations and files, wherever 
118.9   generated, relating to each individual teacher must be available 
118.10  to each individual teacher upon written request.  The teacher 
118.11  shall have the right to reproduce any of the contents of the 
118.12  files at the teacher's expense and to submit for inclusion in 
118.13  the file written information in response to any material 
118.14  contained therein. 
118.15     A district may destroy the files as provided by law and 
118.16  must expunge from the teacher's file any material found to be 
118.17  false or inaccurate through the grievance procedure required 
118.18  pursuant to section 179A.20, subdivision 4.  The grievance 
118.19  procedure promulgated by the director of the bureau of mediation 
118.20  services, pursuant to section 179A.04, subdivision 3, clause 
118.21  (h), applies to those principals and supervisory employees not 
118.22  included in an appropriate unit as defined in section 179A.03.  
118.23  Expungement proceedings must be commenced within the time period 
118.24  provided in the collective bargaining agreement for the 
118.25  commencement of a grievance.  If no time period is provided in 
118.26  the bargaining agreement, the expungement proceedings must 
118.27  commence within 15 days after the teacher has knowledge of the 
118.28  inclusion in the teacher's file of the material the teacher 
118.29  seeks to have expunged.  
118.30     Sec. 7.  Minnesota Statutes 2000, section 122A.41, 
118.31  subdivision 15, is amended to read: 
118.32     Subd. 15.  [RECORDS RELATING TO INDIVIDUAL TEACHER; ACCESS; 
118.33  EXPUNGEMENT.] All evaluations and files generated within a 
118.34  district relating to each individual teacher must be available 
118.35  to each individual teacher upon the teacher's written request.  
118.36  Effective January 1, 1976, all evaluations and files, wherever 
119.1   generated, relating to each individual teacher must be available 
119.2   to each individual teacher upon the teacher's written request.  
119.3   The teacher has the right to reproduce any of the contents of 
119.4   the files at the teacher's expense and to submit for inclusion 
119.5   in the file written information in response to any material 
119.6   contained therein. 
119.7      A district may destroy the files as provided by law and 
119.8   must expunge from the teacher's file any material found to be 
119.9   false or substantially inaccurate through the grievance 
119.10  procedure required pursuant to section 179A.20, subdivision 4.  
119.11  The grievance procedure promulgated by the director of the 
119.12  bureau of mediation services, pursuant to section 179A.04, 
119.13  subdivision 3, clause (h), applies to those principals and 
119.14  supervisory employees not included in an appropriate unit as 
119.15  defined in section 179A.03.  Expungement proceedings must be 
119.16  commenced within the time period provided in the collective 
119.17  bargaining agreement for the commencement of a grievance.  If no 
119.18  time period is provided in the bargaining agreement, the 
119.19  expungement proceedings must commence within 15 days after the 
119.20  teacher has knowledge of the inclusion in the teacher's file of 
119.21  the material the teacher seeks to have expunged.  
119.22     Sec. 8.  Minnesota Statutes 2000, section 122A.51, is 
119.23  amended to read: 
119.24     122A.51 [TEACHER LUNCH PERIOD.] 
119.25     A teacher must be provided with a duty-free lunch period, 
119.26  scheduled according to school board policy or negotiated 
119.27  agreement. 
119.28     Sec. 9.  Minnesota Statutes 2000, section 122A.58, 
119.29  subdivision 1, is amended to read: 
119.30     Subdivision 1.  [TERMINATION; HEARING.] Before a district 
119.31  terminates during the interscholastic sports season the coaching 
119.32  duties of an employee who is required to hold a license as an 
119.33  athletic coach from the commissioner of children, families, and 
119.34  learning a head varsity coach of an interscholastic sport at the 
119.35  secondary school level, the district must notify the employee in 
119.36  writing and state its reason for the proposed termination.  
120.1   Within 14 days of receiving this notification, the employee may 
120.2   request in writing a hearing on the termination before the 
120.3   commissioner.  If a hearing is requested, the commissioner must 
120.4   hold a hearing within 25 days according to the hearing 
120.5   procedures specified in section 122A.40, subdivision 14, and the 
120.6   termination is final upon the order of the commissioner after 
120.7   the hearing. 
120.8      Sec. 10.  Minnesota Statutes 2000, section 122A.60, 
120.9   subdivision 1, is amended to read: 
120.10     Subdivision 1.  [STAFF DEVELOPMENT COMMITTEE.] A school 
120.11  board must use the revenue authorized in section 122A.61 for 
120.12  in-service education for programs under section 120B.22, 
120.13  subdivision 2, or for staff development plans under this 
120.14  section.  The board must establish an advisory staff development 
120.15  committee to develop the plan, assist site professional 
120.16  development teams in developing a site plan consistent with the 
120.17  goals of the plan, and evaluate staff development efforts at the 
120.18  site level.  A majority of the advisory committee and the site 
120.19  professional development team must be teachers representing 
120.20  various grade levels, subject areas, and special education.  The 
120.21  advisory committee must also include nonteaching staff, parents, 
120.22  and administrators.  Districts must report staff development 
120.23  results and expenditures to the commissioner in the form and 
120.24  manner determined by the commissioner.  The expenditure report 
120.25  must include expenditures by the board for district level 
120.26  activities and expenditures made by the staff.  The report must 
120.27  provide a breakdown of expenditures for (1) curriculum 
120.28  development and programs, (2) in-service education, workshops, 
120.29  and conferences, and (3) the cost of teachers or substitute 
120.30  teachers for staff development purposes.  Within each of these 
120.31  categories, the report must also indicate whether the 
120.32  expenditures were incurred at the district level or the school 
120.33  site level, and whether the school site expenditures were made 
120.34  possible by the grants to school sites that demonstrate 
120.35  exemplary use of allocated staff development revenue.  These 
120.36  expenditures are to be reported using the UFARS system.  The 
121.1   commissioner shall report the staff development expenditure data 
121.2   to the education committees of the legislature by February 15 
121.3   each year.  
121.4      Sec. 11.  Minnesota Statutes 2000, section 122A.68, 
121.5   subdivision 1, is amended to read: 
121.6      Subdivision 1.  [ESTABLISHMENT.] A school district with a 
121.7   teaching residency plan approved by the board of teaching may 
121.8   hire graduates of approved Minnesota teacher preparation 
121.9   programs as teaching residents.  A district shall employ each 
121.10  resident for one school year.  The district and the resident may 
121.11  agree to extend the residency for one additional school year.  A 
121.12  school may employ no more than one teaching resident for every 
121.13  eight full-time equivalent licensed teachers.  No more than 600 
121.14  eligible teachers may be employed as teacher residents in any 
121.15  one school year. 
121.16     Sec. 12.  Minnesota Statutes 2000, section 122A.68, 
121.17  subdivision 7, is amended to read: 
121.18     Subd. 7.  [RECOMMENDATION FOR LICENSURE REQUIREMENTS.] The 
121.19  board of teaching must develop maintain for teachers of students 
121.20  in prekindergarten through grade 12, model teaching residency 
121.21  outcomes and assessments, and mentoring programs. 
121.22     Sec. 13.  Minnesota Statutes 2000, section 122A.69, is 
121.23  amended to read: 
121.24     122A.69 [PRACTICE OR STUDENT TEACHERS.] 
121.25     The board may, by agreements with teacher preparing 
121.26  institutions, arrange for classroom experience in the district 
121.27  for practice or student teachers who have completed not less 
121.28  than two years of an approved teacher education program.  Such 
121.29  practice Student teachers must be provided with appropriate 
121.30  supervision by a fully qualified teacher under rules promulgated 
121.31  by the board.  Practice Student teachers are deemed employees of 
121.32  the school district in which they are rendering services for 
121.33  purposes of workers' compensation; liability insurance, if 
121.34  provided for other district employees in accordance with section 
121.35  123B.23; and legal counsel in accordance with the provisions of 
121.36  section 123B.25. 
122.1      Sec. 14.  Minnesota Statutes 2000, section 122A.70, 
122.2   subdivision 2, is amended to read: 
122.3      Subd. 2.  [APPLICATIONS.] The board of teaching must make 
122.4   application forms available to sites interested in developing or 
122.5   expanding a mentorship program.  A school district, a group of 
122.6   school districts, or a coalition of districts, teachers and 
122.7   teacher education institutions may apply for a teacher 
122.8   mentorship program grant.  The board of teaching, in 
122.9   consultation with the teacher mentoring task force, must approve 
122.10  or disapprove the applications.  To the extent possible, the 
122.11  approved applications must reflect effective mentoring 
122.12  components, include a variety of coalitions and be 
122.13  geographically distributed throughout the state.  The board of 
122.14  teaching must encourage the selected sites to consider the use 
122.15  of its assessment procedures.  
122.16     Sec. 15.  Minnesota Statutes 2000, section 122A.91, is 
122.17  amended to read: 
122.18     122A.91 [DESIGNATED STATE OFFICIAL.] 
122.19     For the purposes of the agreement set forth in section 
122.20  122A.90, the designated state official for this state is the 
122.21  commissioner of children, families, and learning executive 
122.22  secretary of the board of teaching. 
122.23     Sec. 16.  Minnesota Statutes 2000, section 122A.92, is 
122.24  amended to read: 
122.25     122A.92 [RECORD OF CONTRACTS.] 
122.26     Two copies of all contracts made on behalf of this state 
122.27  pursuant to the agreement set forth in section 122A.90 must be 
122.28  kept on file in the office of the commissioner of children, 
122.29  families, and learning board of teaching. 
122.30     Sec. 17.  [REVISOR INSTRUCTION.] 
122.31     In the next and subsequent editions of Minnesota Statutes 
122.32  and Minnesota Rules, the revisor of statutes shall renumber 
122.33  Minnesota Statutes, section 122A.61, subdivision 2, as Minnesota 
122.34  Statutes, section 124D.311.  The revisor shall also make 
122.35  necessary cross-reference changes consistent with the 
122.36  renumbering. 
123.1      Sec. 18.  [REPEALER.] 
123.2      Minnesota Statutes 2000, sections 122A.19, subdivision 2; 
123.3   122A.32; 122A.33; 122A.40, subdivision 6; 122A.42; 122A.52; 
123.4   122A.53; 122A.71; 122A.72; and 122A.75, are repealed. 
123.5                              ARTICLE 12
123.6                SCHOOL DISTRICTS; FORMS FOR ORGANIZING 
123.7      Section 1.  Minnesota Statutes 2000, section 123A.06, 
123.8   subdivision 1, is amended to read: 
123.9      Subdivision 1.  [PROGRAM FOCUS.] (a) The programs and 
123.10  services of a center must focus on academic and learning skills, 
123.11  applied learning opportunities, trade and vocational skills, 
123.12  work-based learning opportunities, work experience, youth 
123.13  service to the community, transition services, and English 
123.14  language and literacy programs for children whose primary 
123.15  language is a language other than English.  Applied learning, 
123.16  work-based learning, and service learning may best be developed 
123.17  in collaboration with a local education and transitions 
123.18  partnership, culturally based organizations, mutual assistance 
123.19  associations, or other community resources.  In addition to 
123.20  offering programs, the center shall coordinate the use of other 
123.21  available educational services, special education services, 
123.22  social services, health services, and post-secondary 
123.23  institutions in the community and services area.  
123.24     (b) Consistent with the requirements of sections 121A.40 to 
123.25  121A.56, a school district may provide an alternative education 
123.26  program for a student who is within the compulsory attendance 
123.27  age under section 120A.20, and who is involved in severe or 
123.28  repeated disciplinary action. 
123.29     Sec. 2.  [REPEALER.] 
123.30     (a) Minnesota Statutes 2000, sections 123A.06, subdivision 
123.31  3; 123A.07; 123A.15, subdivision 1; 123A.35; 123A.36; 123A.37; 
123.32  123A.38; 123A.39, subdivisions 1, 2, and 4; 123A.40; 123A.41, 
123.33  subdivision 1; and 123A.43, are repealed. 
123.34     (b) Minnesota Statutes 2000, section 123A.41, subdivision 
123.35  4, is repealed effective July 1, 2002. 
123.36                             ARTICLE 13
124.1                  SCHOOL DISTRICT POWERS AND DUTIES 
124.2      Section 1.  Minnesota Statutes 2000, section 123B.02, 
124.3   subdivision 1, is amended to read: 
124.4      Subdivision 1.  [BOARD AUTHORITY.] The board must have the 
124.5   general charge of the business of the district, the school 
124.6   houses, and of the interests of the schools thereof.  The 
124.7   board's authority to govern, manage, and control the district; 
124.8   to carry out its duties and responsibilities; and to conduct the 
124.9   business of the district includes implied powers in addition to 
124.10  any specific powers granted by the legislature.  
124.11     Sec. 2.  Minnesota Statutes 2000, section 123B.02, 
124.12  subdivision 2, is amended to read: 
124.13     Subd. 2.  [FACILITIES FOR SCHOOL-AGE CHILDREN.] It is the 
124.14  duty and the function of the district to furnish school 
124.15  facilities to every child of school age residing in any part of 
124.16  the district.  The board may establish and organize and alter 
124.17  and discontinue such grades or schools as it may deem advisable 
124.18  and assign to each school and grade a proper number of pupils.  
124.19  The board shall provide free textbooks for the pupils of the 
124.20  district.  
124.21     Sec. 3.  Minnesota Statutes 2000, section 123B.02, 
124.22  subdivision 3, is amended to read: 
124.23     Subd. 3.  [LIMITATION ON PARTICIPATION AND FINANCIAL 
124.24  SUPPORT.] (a) A district must not be required by any type of 
124.25  formal or informal agreement except an agreement to provide 
124.26  building space according to paragraph (f), including a joint 
124.27  powers agreement, or membership in any cooperative unit defined 
124.28  in section 123A.24, subdivision 2, to participate in or provide 
124.29  financial support for the purposes of the agreement for a time 
124.30  period in excess of four fiscal years, or the time period set 
124.31  forth in this subdivision.  Any agreement, part of an agreement, 
124.32  or other type of requirement to the contrary is void.  This 
124.33  paragraph applies only to agreements entered into between July 
124.34  1, 1993, and June 30, 1999. 
124.35     (b) This subdivision shall not affect the continued 
124.36  liability of a district for its share of bonded indebtedness or 
125.1   other debt incurred as a result of any agreement before July 1, 
125.2   1993.  The district is liable only until the obligation or debt 
125.3   is discharged and only according to the payment schedule in 
125.4   effect on July 1, 1993, except that the payment schedule may be 
125.5   altered for the purpose of restructuring debt or refunding bonds 
125.6   outstanding on July 1, 1993, if the annual payments of the 
125.7   district are not increased and if the total obligation of the 
125.8   school district for its share of outstanding bonds or other debt 
125.9   is not increased. 
125.10     (c) To cease participating in or providing financial 
125.11  support for any of the services or activities relating to the 
125.12  agreement or to terminate participation in the agreement, the 
125.13  board must adopt a resolution and notify other parties to the 
125.14  agreement of its decision on or before February 1 of any year.  
125.15  The cessation or withdrawal shall be effective June 30 of the 
125.16  same year except that for a member of an education district 
125.17  organized under sections 123A.15 to 123A.19 or an intermediate 
125.18  district organized under chapter 136D, cessation or withdrawal 
125.19  shall be effective June 30 of the following fiscal year.  At the 
125.20  option of the board, cessation or withdrawal may be effective 
125.21  June 30 of the following fiscal year for a district 
125.22  participating in any type of agreement.  
125.23     (d) Before issuing bonds or incurring other debt, the 
125.24  governing body responsible for implementing the agreement must 
125.25  adopt a resolution proposing to issue bonds or incur other debt 
125.26  and the proposed financial effect of the bonds or other debt 
125.27  upon each participating district.  The resolution must be 
125.28  adopted within a time sufficient to allow the board to adopt a 
125.29  resolution within the time permitted by this paragraph and to 
125.30  comply with the statutory deadlines set forth in sections 
125.31  122A.40, 122A.41, and 123A.33.  The governing body responsible 
125.32  for implementing the agreement shall notify each participating 
125.33  board of the contents of the resolution.  Within 120 days of 
125.34  receiving the resolution of the governing body, the school board 
125.35  of the participating district shall adopt a resolution stating: 
125.36     (1) its concurrence with issuing bonds or incurring other 
126.1   debt; 
126.2      (2) its intention to cease participating in or providing 
126.3   financial support for the service or activity related to the 
126.4   bonds or other debt; or 
126.5      (3) its intention to terminate participation in the 
126.6   agreement. 
126.7      A board adopting a resolution according to clause (1) is 
126.8   liable for its share of bonded indebtedness or other debt as 
126.9   proposed by the governing body implementing the agreement.  A 
126.10  school board adopting a resolution according to clause (2) is 
126.11  not liable for the bonded indebtedness or other debt, as 
126.12  proposed by the governing body, related to the services or 
126.13  activities in which the district ceases participating or 
126.14  providing financial support.  A board adopting a resolution 
126.15  according to clause (3) is not liable for the bonded 
126.16  indebtedness or other debt proposed by the governing body 
126.17  implementing the agreement. 
126.18     (e) After July 1, 1993, A district is liable according to 
126.19  paragraph (d) for its share of bonded indebtedness or other debt 
126.20  incurred by the governing body implementing the agreement to the 
126.21  extent that the bonds or other debt are directly related to the 
126.22  services or activities in which the district participates or for 
126.23  which the district provides financial support.  The district has 
126.24  continued liability only until the obligation or debt is 
126.25  discharged and only according to the payment schedule in effect 
126.26  at the time the governing body implementing the agreement 
126.27  provides notice to the school board, except that the payment 
126.28  schedule may be altered for the purpose of refunding the 
126.29  outstanding bonds or restructuring other debt if the annual 
126.30  payments of the district are not increased and if the total 
126.31  obligation of the district for the outstanding bonds or other 
126.32  debt is not increased. 
126.33     (f) A district that is a member of a cooperative unit as 
126.34  defined in section 123A.24, subdivision 2, may obligate itself 
126.35  to participate in and provide financial support for an agreement 
126.36  with a cooperative unit to provide school building space for a 
127.1   term not to exceed two years with an option on the part of the 
127.2   district to renew for an additional two years.  
127.3      (g) Notwithstanding any limitations imposed under this 
127.4   subdivision, a school district may, according to section 
127.5   123B.51, subdivision 4, enter into a lease of all or a portion 
127.6   of a schoolhouse that is not needed for school purposes, 
127.7   including, but not limited to, a lease with a term of more than 
127.8   one year. 
127.9      Sec. 4.  Minnesota Statutes 2000, section 123B.04, 
127.10  subdivision 2, is amended to read: 
127.11     Subd. 2.  [AGREEMENT.] (a) Either the school board or the 
127.12  school site decision-making team may request that the school 
127.13  board enter into an agreement with a school site decision-making 
127.14  team concerning the governance, management, or control of the 
127.15  school.  A school site decision-making team may include the 
127.16  school principal, teachers in the school or their designee, 
127.17  other employees in the school, parents of pupils in the school, 
127.18  representatives of pupils in the school, or other members in the 
127.19  community.  The school site decision-making team shall include 
127.20  the school principal or other person having general control and 
127.21  supervision of the school.  A school district must provide 
127.22  notice to parents about site decision-making teams and inform 
127.23  parents about how to be involved with the site decision-making 
127.24  team.  The site decision-making team must reflect the diversity 
127.25  of the student body of the education site.  No more than 
127.26  one-half of the members shall be employees of the district, 
127.27  unless an employee is the parent of a student enrolled in the 
127.28  school site, in which case the employee may elect to serve as a 
127.29  parent member of the site team. 
127.30     (b) School site decision-making agreements must delegate 
127.31  powers, duties, and broad management responsibilities to site 
127.32  teams and involve staff members, students as appropriate, and 
127.33  parents in decision making. 
127.34     (c) An agreement shall include a statement of powers, 
127.35  duties, responsibilities, and authority to be delegated to and 
127.36  within the site. 
128.1      (d) An agreement may include: 
128.2      (1) an achievement contract according to subdivision 4; 
128.3      (2) a mechanism to allow principals, or other persons 
128.4   having general control and supervision of the school, to make 
128.5   decisions regarding how financial and personnel resources are 
128.6   best allocated at the site and from whom goods or services are 
128.7   purchased; 
128.8      (3) a mechanism to implement parental involvement programs 
128.9   under section 124D.895 and to provide for effective parental 
128.10  communication and feedback on this involvement at the site 
128.11  level; 
128.12     (4) a provision that would allow the team to determine who 
128.13  is hired into licensed and nonlicensed positions; 
128.14     (5) a provision that would allow teachers to choose the 
128.15  principal or other person having general control; 
128.16     (6) an amount of revenue allocated to the site under 
128.17  subdivision 3; and 
128.18     (7) any other powers and duties determined appropriate by 
128.19  the board. 
128.20     The school board of the district remains the legal employer 
128.21  under clauses (4) and (5). 
128.22     (e) Any powers or duties not delegated to the school site 
128.23  management team in the school site management agreement shall 
128.24  remain with the school board. 
128.25     (f) Approved agreements shall be filed with the 
128.26  commissioner.  If a school board denies a request to enter into 
128.27  a school site management agreement, it shall provide a copy of 
128.28  the request and the reasons for its denial to the commissioner.  
128.29     Sec. 5.  Minnesota Statutes 2000, section 123B.04, 
128.30  subdivision 5, is amended to read: 
128.31     Subd. 5.  [COMMISSIONER'S ROLE.] The commissioner of 
128.32  children, families, and learning, in consultation with 
128.33  appropriate educational organizations, shall:, 
128.34     (1) upon request, provide technical support for districts 
128.35  and sites with agreements under this section; 
128.36     (2) conduct and compile research on the effectiveness of 
129.1   site decision making; and 
129.2      (3) periodically report on and evaluate the effectiveness 
129.3   of site management agreements on a statewide basis. 
129.4      Sec. 6.  Minnesota Statutes 2000, section 123B.09, 
129.5   subdivision 8, is amended to read: 
129.6      Subd. 8.  [DUTIES.] The board must superintend and manage 
129.7   the schools of the district; adopt rules for their organization, 
129.8   government, and instruction; keep registers; and prescribe 
129.9   textbooks and courses of study.  The board may enter into an 
129.10  agreement with a post-secondary institution for secondary or 
129.11  post-secondary nonsectarian courses to be taught at a secondary 
129.12  school, nonsectarian post-secondary institution, or another 
129.13  location. 
129.14     Sec. 7.  Minnesota Statutes 2000, section 123B.143, 
129.15  subdivision 1, is amended to read: 
129.16     Subdivision 1.  [CONTRACT; DUTIES.] All districts 
129.17  maintaining a classified secondary school must employ a 
129.18  superintendent who shall be an ex officio nonvoting member of 
129.19  the school board.  The authority for selection and employment of 
129.20  a superintendent must be vested in the board in all cases.  An 
129.21  individual employed by a board as a superintendent shall have an 
129.22  initial employment contract for a period of time no longer than 
129.23  three years from the date of employment.  Any subsequent 
129.24  employment contract must not exceed a period of three years.  A 
129.25  board, at its discretion, may or may not renew an employment 
129.26  contract.  A board must not, by action or inaction, extend the 
129.27  duration of an existing employment contract.  Beginning 365 days 
129.28  prior to the expiration date of an existing employment contract, 
129.29  a board may negotiate and enter into a subsequent employment 
129.30  contract to take effect upon the expiration of the existing 
129.31  contract.  A subsequent contract must be contingent upon the 
129.32  employee completing the terms of an existing contract.  If a 
129.33  contract between a board and a superintendent is terminated 
129.34  prior to the date specified in the contract, the board may not 
129.35  enter into another superintendent contract with that same 
129.36  individual that has a term that extends beyond the date 
130.1   specified in the terminated contract.  A board may terminate a 
130.2   superintendent during the term of an employment contract for any 
130.3   of the grounds specified in section 122A.40, subdivision 9 or 13.
130.4   A superintendent shall not rely upon an employment contract with 
130.5   a board to assert any other continuing contract rights in the 
130.6   position of superintendent under section 122A.40.  
130.7   Notwithstanding the provisions of sections 122A.40, subdivision 
130.8   10 or 11, 123A.32, 123A.75, or any other law to the contrary, no 
130.9   individual shall have a right to employment as a superintendent 
130.10  based on order of employment in any district.  If two or more 
130.11  districts enter into an agreement for the purchase or sharing of 
130.12  the services of a superintendent, the contracting districts have 
130.13  the absolute right to select one of the individuals employed to 
130.14  serve as superintendent in one of the contracting districts and 
130.15  no individual has a right to employment as the superintendent to 
130.16  provide all or part of the services based on order of employment 
130.17  in a contracting district. The superintendent of a district 
130.18  shall perform the following:  
130.19     (1) visit and supervise the schools in the district, report 
130.20  and make recommendations about their condition when advisable or 
130.21  on request by the board; 
130.22     (2) recommend to the board employment and dismissal of 
130.23  teachers; 
130.24     (3) superintend school grading practices and examinations 
130.25  for promotions; 
130.26     (4) make reports required by the commissioner; 
130.27     (5) (2) by January 10, submit an annual report to the 
130.28  commissioner in a manner prescribed by the commissioner, in 
130.29  consultation with school districts, identifying the expenditures 
130.30  that the district requires to ensure an 80 percent and a 90 
130.31  percent student passage rate on the basic standards test taken 
130.32  in the eighth grade, identifying the amount of expenditures that 
130.33  the district requires to ensure a 99 percent student passage 
130.34  rate on the basic standards test by 12th grade, and how much the 
130.35  district is cross-subsidizing programs with special education, 
130.36  basic skills, and general education revenue; and 
131.1      (6) (3) perform other duties prescribed by the board. 
131.2      Sec. 8.  Minnesota Statutes 2000, section 123B.147, is 
131.3   amended to read: 
131.4      123B.147 [PRINCIPALS.] 
131.5      Subdivision 1.  [PRINCIPAL MAY SUPERVISE SCHOOL BUILDING.] 
131.6   Each public school building, as defined by section 120A.05, 
131.7   subdivisions 9, 11, and 13, in an independent district may be 
131.8   under the supervision of a principal who is assigned to that 
131.9   responsibility by the board of education in that district upon 
131.10  the recommendation of the superintendent of schools of that 
131.11  district.  If pupils in kindergarten through grade 12 attend 
131.12  school in one building, one principal, who holds either an 
131.13  elementary or a secondary principal's license, may supervise the 
131.14  building. 
131.15     Subd. 2.  [VALID PRINCIPAL LICENSE REQUIRED.] Each 
131.16  principal assigned the responsibility responsible for the 
131.17  supervision of supervising a school building shall hold a valid 
131.18  license in the assigned position of supervision and 
131.19  administration as established by the rules of the commissioner 
131.20  of children, families, and learning. 
131.21     Subd. 3.  [PRINCIPALS' DUTIES.] The principal shall provide 
131.22  administrative, supervisory, and instructional leadership 
131.23  services, under the supervision of the superintendent of schools 
131.24  of the district and in accordance with the policies, rules, and 
131.25  regulations of the board of education, for the planning, 
131.26  management, operation, and evaluation of the education program 
131.27  of the building or buildings to which the principal is 
131.28  assigned perform administrative, supervisory, and instructional 
131.29  duties as determined by the school district. 
131.30     Sec. 9.  Minnesota Statutes 2000, section 123B.36, 
131.31  subdivision 1, is amended to read: 
131.32     Subdivision 1.  [SCHOOL BOARDS MAY REQUIRE FEES.] (a) For 
131.33  purposes of this subdivision, "home school" means a home school 
131.34  as defined in sections 120A.22 and 120A.24 with five or fewer 
131.35  students receiving instruction.  
131.36     (b) A school board is authorized to require payment of fees 
132.1   in the following areas: 
132.2      (1) in any program where the resultant product, in excess 
132.3   of minimum requirements and at the pupil's option, becomes the 
132.4   personal property of the pupil; 
132.5      (2) admission fees or charges for extra curricular 
132.6   activities, where attendance is optional and where the admission 
132.7   fees or charges a student must pay to attend or participate in 
132.8   an extracurricular activity is the same for all students, 
132.9   regardless of whether the student is enrolled in a public or a 
132.10  home school; 
132.11     (3) a security deposit for the return of materials, 
132.12  supplies, or equipment; 
132.13     (4) personal physical education and athletic equipment and 
132.14  apparel, although any pupil may personally provide it if it 
132.15  meets reasonable requirements and standards relating to health 
132.16  and safety established by the board; 
132.17     (5) items of personal use or products that a student has an 
132.18  option to purchase such as student publications, class rings, 
132.19  annuals, and graduation announcements; 
132.20     (6) fees specifically permitted by any other statute, 
132.21  including but not limited to section 171.05, subdivision 2; 
132.22  provided (i) driver education fees do not exceed the actual cost 
132.23  to the school and school district of providing driver education, 
132.24  and (ii) the driver education courses are open to enrollment to 
132.25  persons between the ages of 15 and 18 who reside or attend 
132.26  school in the school district; 
132.27     (7) field trips considered supplementary to a district 
132.28  educational program; 
132.29     (8) any authorized voluntary student health and accident 
132.30  benefit plan; 
132.31     (9) for the use of musical instruments owned or rented by 
132.32  the district, a reasonable rental fee not to exceed either the 
132.33  rental cost to the district or the annual depreciation plus the 
132.34  actual annual maintenance cost for each instrument; 
132.35     (10) transportation of pupils to and from extra curricular 
132.36  activities conducted at locations other than school, where 
133.1   attendance is optional; 
133.2      (11) transportation of pupils to and from school for which 
133.3   aid for fiscal year 1996 is not authorized under Minnesota 
133.4   Statutes 1994, section 124.223, subdivision 1, and for which 
133.5   levy for fiscal year 1996 is not authorized under Minnesota 
133.6   Statutes 1994, section 124.226, subdivision 5, if a district 
133.7   charging fees for transportation of pupils establishes 
133.8   guidelines for that transportation to ensure that no pupil is 
133.9   denied transportation solely because of inability to pay; 
133.10     (12) motorcycle classroom education courses conducted 
133.11  outside of regular school hours; provided the charge must not 
133.12  exceed the actual cost of these courses to the school district; 
133.13     (13) transportation to and from post-secondary institutions 
133.14  for pupils enrolled under the post-secondary enrollment options 
133.15  program under section 123B.88, subdivision 22.  Fees collected 
133.16  for this service must be reasonable and must be used to reduce 
133.17  the cost of operating the route.  Families who qualify for 
133.18  mileage reimbursement under section 124D.09, subdivision 22, may 
133.19  use their state mileage reimbursement to pay this fee.  If no 
133.20  fee is charged, districts must allocate costs based on the 
133.21  number of pupils riding the route; and 
133.22     (14) admission fees or charges to a part-time student over 
133.23  age 21 attending a secondary school class or program other than 
133.24  a student participating in the graduation incentives program 
133.25  under section 124D.68 or a student receiving instruction under 
133.26  section 125A.03. 
133.27     Sec. 10.  Minnesota Statutes 2000, section 123B.43, is 
133.28  amended to read: 
133.29     123B.43 [USE OF INDIVIDUALIZED INSTRUCTIONAL MATERIALS.] 
133.30     (a) The commissioner shall assure that textbooks and 
133.31  individualized instructional materials loaned to nonpublic 
133.32  school pupils are secular, neutral, nonideological and that they 
133.33  are incapable of diversion for religious use.  
133.34     (b) Textbooks and individualized instructional materials 
133.35  must not be used in religious courses, devotional exercises, 
133.36  religious training or any other religious activity.  
134.1      (c) Textbooks and individualized instructional materials 
134.2   must be loaned only to individual pupils upon the request of a 
134.3   parent or guardian or the pupil on a form designated for this 
134.4   use by the commissioner.  The request forms shall provide for 
134.5   verification by the parent or guardian or pupil that the 
134.6   requested textbooks and individualized instructional materials 
134.7   are for the use of the individual pupil in connection with a 
134.8   program of instruction in the pupil's elementary or secondary 
134.9   school.  
134.10     (d) The servicing school district or the intermediary 
134.11  service area must take adequate measures to ensure an accurate 
134.12  and periodic inventory of all textbooks and individualized 
134.13  instructional materials loaned to elementary and secondary 
134.14  school pupils attending nonpublic schools.  The commissioner of 
134.15  children, families, and learning shall promulgate rules under 
134.16  the provisions of chapter 14 to terminate the eligibility of any 
134.17  nonpublic school pupil if the commissioner determines, after 
134.18  notice and opportunity for hearing, that the textbooks or 
134.19  individualized instructional materials have been used in a 
134.20  manner contrary to the provisions of section 123B.41, 
134.21  subdivision 5, 123B.42, or this section or any rules promulgated 
134.22  by the commissioner of children, families, and learning. 
134.23     (e) Nothing contained in section 123B.41, subdivision 5, 
134.24  123B.42, or this section shall be construed to authorize the 
134.25  making of any payments to a nonpublic school or its faculty, 
134.26  staff or administrators for religious worship or instruction or 
134.27  for any other purpose.  
134.28     Sec. 11.  Minnesota Statutes 2000, section 123B.445, is 
134.29  amended to read: 
134.30     123B.445 [NONPUBLIC EDUCATION COUNCIL.] 
134.31     (a) The commissioner shall appoint a 15-member council on 
134.32  nonpublic education, with the advice and consent of the senate.  
134.33  The 15 members shall represent various areas of the state, 
134.34  represent various methods of providing nonpublic education, and 
134.35  shall be knowledgeable about nonpublic education.  The 
134.36  compensation, removal of members, filling of vacancies, and 
135.1   terms are governed by section 15.0575.  The council shall not 
135.2   expire.  The council shall advise the commissioner on issues 
135.3   affecting nonpublic education and nonpublic schools.  The 
135.4   council may recognize educational accrediting agencies, for the 
135.5   sole purpose of sections 120A.22, 120A.24, and 120A.26. 
135.6      (b) A parent or guardian of a nonpublic school pupil or a 
135.7   nonpublic school may file a complaint about services provided 
135.8   under sections 123B.40 to 123B.42, and 123B.44 to 123B.48 with 
135.9   the nonpublic education council.  The council may review the 
135.10  complaint and make a recommendation for resolution to the 
135.11  commissioner. 
135.12     Sec. 12.  Minnesota Statutes 2000, section 123B.49, 
135.13  subdivision 1, is amended to read: 
135.14     Subdivision 1.  [ACTIVITIES OUTSIDE DISTRICT LIMITS.] 
135.15  Whenever it appears to be beneficial and for the best interest 
135.16  of the district and the pupils of the district to carry on any 
135.17  school sport activities or educational activities connected with 
135.18  their studies outside of the territorial limits of the district, 
135.19  The board may authorize such activities to be conducted outside 
135.20  of the territorial limits of the district under such rules and 
135.21  regulations as the board deems sufficient.  The district may pay 
135.22  all necessary costs therefor including transportation from the 
135.23  district funds available. 
135.24     Sec. 13.  Minnesota Statutes 2000, section 123B.51, 
135.25  subdivision 1, is amended to read: 
135.26     Subdivision 1.  [SITES.] According to section 126C.40, 
135.27  subdivision 1, or 465.71, when funds are available, the board 
135.28  may locate and acquire necessary sites of schoolhouses schools 
135.29  or enlargements, or additions to existing schoolhouse sites 
135.30  schools by lease, purchase or condemnation under the right of 
135.31  eminent domain; it may erect schoolhouses schools on the sites; 
135.32  it may erect or purchase garages for district-owned school 
135.33  buses.  When property is taken by eminent domain by authority of 
135.34  this subdivision when needed by the district for such purposes, 
135.35  the fact that the property has been acquired by the owner under 
135.36  the power of eminent domain or is already devoted to public use, 
136.1   shall not prevent its acquisition by the district.  The board 
136.2   may sell or exchange schoolhouses schools or sites, and execute 
136.3   deeds of conveyance thereof.  
136.4      Sec. 14.  Minnesota Statutes 2000, section 123B.51, 
136.5   subdivision 5, is amended to read: 
136.6      Subd. 5.  [SCHOOLHOUSE SCHOOL CLOSING.] The board may close 
136.7   a schoolhouse school only after a public hearing on the question 
136.8   of the necessity and practicability of the proposed closing.  
136.9   Published notice of the hearing shall be given for two weeks in 
136.10  the official newspaper of the district.  The time and place of 
136.11  the meeting, the description and location of the schoolhouse 
136.12  school, and a statement of the reasons for the closing must be 
136.13  specified in the notice.  Parties requesting to give testimony 
136.14  for and against the proposal shall be heard by the board before 
136.15  it makes a final decision to close or not to close 
136.16  the schoolhouse school.  
136.17     Sec. 15.  Minnesota Statutes 2000, section 123B.73, 
136.18  subdivision 1, is amended to read: 
136.19     Subdivision 1.  [INSPECTION.] The commissioner and the 
136.20  state fire marshal shall develop a plan to inspect once every 
136.21  three years every public school facility used for educational 
136.22  purposes shall contract with the fire marshal to conduct fire 
136.23  safety inspections of all school buildings.  Each school 
136.24  facility shall be inspected once every three years or more 
136.25  frequently at the request of the school district or the 
136.26  commissioner.  Inspections must begin during the 1990-1991 
136.27  school year.  The plan must provide for continued inspection by 
136.28  local units of government of public school facilities that have 
136.29  been inspected by a local unit of government between January 1, 
136.30  1987, and January 1, 1990, and may provide for inspections by 
136.31  local units of government in other situations.  Each inspection 
136.32  report must be filed with the commissioner, the local school 
136.33  board, and the state fire marshal.  Notwithstanding section 
136.34  299F.011, subdivisions 5a and 5b, a variance from the code must 
136.35  be approved by the state fire marshal before taking effect.  The 
136.36  commissioner may request that the state fire marshal inspect a 
137.1   particular school facility. 
137.2      Sec. 16.  Minnesota Statutes 2000, section 123B.83, 
137.3   subdivision 1, is amended to read: 
137.4      Subdivision 1.  [REDUCE STATUTORY OPERATING DEBT.] (a) 
137.5   Beginning in fiscal year 1978 and in each year thereafter, A 
137.6   district which had statutory operating debt on June 30, 1977 
137.7   pursuant to section 126C.42 must limit its expenditures in each 
137.8   fiscal year so that the amount of its statutory operating debt 
137.9   calculated at the end of that fiscal year is not greater than 
137.10  the amount of the district's statutory operating debt as of June 
137.11  30, 1977, as certified and adjusted by the commissioner, 
137.12  increased by an amount equal to 2-1/2 percent of that district's 
137.13  operating expenditures for the fiscal year for which the 
137.14  statutory operating debt calculation is being made. 
137.15     (b) When a district is no longer required to levy pursuant 
137.16  to section 126C.42, subdivision 1, subdivision 2 is applicable. 
137.17     Sec. 17.  Minnesota Statutes 2000, section 123B.90, 
137.18  subdivision 2, is amended to read: 
137.19     Subd. 2.  [STUDENT TRAINING.] (a) Each district must 
137.20  provide public school pupils enrolled in grades kindergarten 
137.21  through 10 with age-appropriate school bus safety training.  The 
137.22  training must be results-oriented and shall consist of both 
137.23  classroom instruction and practical training using a school 
137.24  bus.  Upon completing the training, a student shall be able to 
137.25  demonstrate knowledge and understanding of at least the 
137.26  following competencies and concepts: 
137.27     (1) transportation by school bus is a privilege and not a 
137.28  right; 
137.29     (2) district policies for student conduct and school bus 
137.30  safety; 
137.31     (3) appropriate conduct while on the school bus; 
137.32     (4) the danger zones surrounding a school bus; 
137.33     (5) procedures for safely boarding and leaving a school 
137.34  bus; 
137.35     (6) procedures for safe street or road crossing; 
137.36     (7) school bus evacuation and other emergency procedures; 
138.1   and 
138.2      (8) appropriate training on the use of lap belts or lap and 
138.3   shoulder belts, if the district uses buses equipped with lap 
138.4   belts or lap and shoulder belts. 
138.5      (b) Each nonpublic school located within the district must 
138.6   provide all nonpublic school pupils enrolled in grades 
138.7   kindergarten through 10 who are transported by school bus at 
138.8   public expense and attend school within the district's 
138.9   boundaries with training as required in paragraph (a).  The 
138.10  school district shall make a bus available for the practical 
138.11  training if the district transports the nonpublic students.  
138.12  Each nonpublic school shall provide the instruction. 
138.13     (c) All students enrolled in grades kindergarten through 3 
138.14  who are transported by school bus and are enrolled during the 
138.15  first or second week of school must demonstrate achievement of 
138.16  the school bus safety training competencies by the end of the 
138.17  third week of school.  All students enrolled in grades 4 through 
138.18  10 who are transported by school bus and are enrolled during the 
138.19  first or second week of school must demonstrate achievement of 
138.20  the competencies by the end of the sixth week of school.  
138.21  Students enrolled in grades kindergarten through 10 who enroll 
138.22  in a school after the second week of school and are transported 
138.23  by school bus shall undergo school bus safety training and 
138.24  demonstrate achievement of the school bus safety competencies 
138.25  within four weeks of the first day of attendance.  The school 
138.26  transportation safety director in each district must certify to 
138.27  the commissioner annually that all students transported by 
138.28  school bus within the district have satisfactorily demonstrated 
138.29  knowledge and understanding of the school bus safety 
138.30  competencies according to this section or provide an explanation 
138.31  for a student's failure to demonstrate the competencies.  The 
138.32  principal or other chief administrator of each nonpublic school 
138.33  must certify annually to the school transportation safety 
138.34  director of the district in which the school is located that all 
138.35  of the school's students transported by school bus at public 
138.36  expense have received training.  A district may deny 
139.1   transportation to a student who fails to demonstrate the 
139.2   competencies, unless the student is unable to achieve the 
139.3   competencies due to a disability, or to a student who attends a 
139.4   nonpublic school that fails to provide training as required by 
139.5   this subdivision. 
139.6      (d) A district and a nonpublic school with students 
139.7   transported by school bus at public expense must, to the extent 
139.8   possible, provide kindergarten pupils with bus safety training 
139.9   before the first day of school. 
139.10     (e) A district and a nonpublic school with students 
139.11  transported by school bus at public expense must also provide 
139.12  student safety education for bicycling and pedestrian safety, 
139.13  for students enrolled in grades kindergarten through 5. 
139.14     (f) (d) A district and a nonpublic school with students 
139.15  transported by school bus at public expense must make reasonable 
139.16  accommodations for the school bus, bicycle, and pedestrian 
139.17  safety training of pupils known to speak English as a second 
139.18  language and pupils with disabilities. 
139.19     Sec. 18.  Minnesota Statutes 2000, section 123B.91, 
139.20  subdivision 1, is amended to read: 
139.21     Subdivision 1.  [COMPREHENSIVE POLICY.] (a) Each district 
139.22  shall develop and implement a comprehensive, written policy 
139.23  governing pupil transportation safety, including transportation 
139.24  of nonpublic school students, when applicable.  The policy, at 
139.25  minimum, must contain: 
139.26     (1) provisions for appropriate student bus safety training 
139.27  under section 123B.90; 
139.28     (2) rules governing student conduct on school buses and in 
139.29  school bus loading and unloading areas; 
139.30     (3) a statement of parent or guardian responsibilities 
139.31  relating to school bus safety; 
139.32     (4) provisions for notifying students and parents or 
139.33  guardians of their responsibilities and the rules, including the 
139.34  district's seat belt policy, if applicable; 
139.35     (5) an intradistrict system for reporting school bus 
139.36  accidents or misconduct and a system for dealing with local law 
140.1   enforcement officials in cases of criminal conduct on a school 
140.2   bus; 
140.3      (6) a discipline policy to address violations of school bus 
140.4   safety rules, including procedures for revoking a student's bus 
140.5   riding privileges in cases of serious or repeated misconduct; 
140.6      (7) a system for integrating school bus misconduct records 
140.7   with other discipline records; 
140.8      (8) a statement of bus driver duties; 
140.9      (9) where applicable, provisions governing bus monitor 
140.10  qualifications, training, and duties; 
140.11     (10) rules governing the use and maintenance of type III 
140.12  vehicles, drivers of type III vehicles, qualifications to drive 
140.13  a type III vehicle, qualifications for a type III vehicle, and 
140.14  the circumstances under which a student may be transported in a 
140.15  type III vehicle; 
140.16     (11) operating rules and procedures; 
140.17     (12) provisions for annual bus driver in-service training 
140.18  and evaluation; 
140.19     (13) emergency procedures; 
140.20     (14) a system for maintaining and inspecting equipment; 
140.21     (15) requirements of the school district, if any, that 
140.22  exceed state law minimum requirements for school bus operations; 
140.23  and 
140.24     (16) requirements for basic first aid training, which must 
140.25  include the Heimlich maneuver and procedures for dealing with 
140.26  obstructed airways, shock, bleeding, and seizures. 
140.27     (b) Districts are encouraged to use the model policy 
140.28  developed by the Minnesota school boards association, the 
140.29  department of public safety, and the department of children, 
140.30  families, and learning, as well as the current edition of the 
140.31  "National Standards for School Transportation," in developing 
140.32  safety policies.  Each district shall review its policy annually 
140.33  to ensure that it conforms to law. 
140.34     Sec. 19.  [REPEALER.] 
140.35     Minnesota Statutes 2000, sections 123B.02, subdivisions 5, 
140.36  6, 9, 10, 11, 13, and 16; 123B.04, subdivision 4; 123B.11; 
141.1   123B.15; 123B.16; 123B.17; 123B.18; 123B.19; 123B.40; 123B.51, 
141.2   subdivisions 2, 3, and 4; 123B.744; 123B.84; 123B.87; 123B.88, 
141.3   subdivisions 11, 12, 13, 18, 20, 21, and 22; 123B.93; and 
141.4   123B.95, subdivision 3, are repealed. 
141.5                              ARTICLE 14
141.6                          EDUCATION PROGRAMS 
141.7      Section 1.  Minnesota Statutes 2000, section 124D.02, 
141.8   subdivision 1, is amended to read: 
141.9      Subdivision 1.  [KINDERGARTEN INSTRUCTION.] The board may 
141.10  establish and maintain one or more kindergartens for the 
141.11  instruction of children and after July 1, 1974, shall provide 
141.12  must make kindergarten instruction available for all eligible 
141.13  children, either in the district or in another district.  All 
141.14  children to be eligible Eligibility for kindergarten must be at 
141.15  least five years of age on September 1 of the calendar year in 
141.16  which the school year commences.  In addition all children 
141.17  selected under an early admissions policy established by the 
141.18  school board may be admitted.  Nothing in this section shall 
141.19  prohibit a school district from establishing head start, 
141.20  prekindergarten, or nursery school classes for children below 
141.21  kindergarten age determined according to section 120A.20, 
141.22  subdivision 1.  Any school board with evidence that providing 
141.23  kindergarten will cause an extraordinary hardship on the school 
141.24  district may apply to the commissioner of children, families, 
141.25  and learning for an exception. 
141.26     Sec. 2.  Minnesota Statutes 2000, section 124D.03, 
141.27  subdivision 3, is amended to read: 
141.28     Subd. 3.  [PUPIL APPLICATION PROCEDURES.] In order that a 
141.29  pupil may attend a school or program in a nonresident district, 
141.30  the pupil's parent or guardian must submit an application to the 
141.31  nonresident district.  Before submitting an application, the 
141.32  pupil and the pupil's parent or guardian must explore with a 
141.33  school guidance counselor, or other appropriate staff member 
141.34  employed by the district the pupil is currently attending, the 
141.35  pupil's academic or other reason for applying to enroll in a 
141.36  nonresident district.  The pupil's application must identify the 
142.1   reason for enrolling in the nonresident district.  The parent or 
142.2   guardian of a pupil must submit an application by January 15 for 
142.3   initial enrollment beginning the following school year.  The 
142.4   application must be on a form provided by the department of 
142.5   children, families, and learning.  A particular school or 
142.6   program may be requested by the parent.  Once enrolled in a 
142.7   nonresident district, the pupil may remain enrolled and is not 
142.8   required to submit annual or periodic applications.  To return 
142.9   to the resident district or to transfer to a different 
142.10  nonresident district, the parent or guardian of the pupil must 
142.11  provide notice to the resident district or apply to a different 
142.12  nonresident district by January 15 for enrollment beginning the 
142.13  following school year.  Each district must accept or reject an 
142.14  application it receives and notify the parent or guardian in 
142.15  writing within 30 calendar days of receiving the application.  A 
142.16  notification of acceptance must include the date enrollment can 
142.17  begin.  Within ten days of receiving the notification from the 
142.18  nonresident district, the parent or guardian must inform the 
142.19  nonresident district whether the pupil intends to enroll in the 
142.20  nonresident district. 
142.21     Sec. 3.  Minnesota Statutes 2000, section 124D.09, 
142.22  subdivision 5, is amended to read: 
142.23     Subd. 5.  [AUTHORIZATION; NOTIFICATION.] Notwithstanding 
142.24  any other law to the contrary, An 11th or 12th grade pupil 
142.25  enrolled in a school or an American Indian-controlled tribal 
142.26  contract or grant school eligible for aid under section 124D.83, 
142.27  except a foreign exchange pupil enrolled in a district under a 
142.28  cultural exchange program, may apply to an eligible institution, 
142.29  as defined in subdivision 3, to enroll in nonsectarian courses 
142.30  offered by that post-secondary institution.  If an institution 
142.31  accepts a secondary pupil for enrollment under this section, the 
142.32  institution shall send written notice to the pupil, the pupil's 
142.33  school or school district, and the commissioner within ten days 
142.34  of acceptance.  The notice must indicate the course and hours of 
142.35  enrollment of that pupil.  If the pupil enrolls in a course for 
142.36  post-secondary credit, the institution must notify the pupil 
143.1   about payment in the customary manner used by the institution. 
143.2      Sec. 4.  Minnesota Statutes 2000, section 124D.09, 
143.3   subdivision 6, is amended to read: 
143.4      Subd. 6.  [COUNSELING PARENTAL CONSENT.] To the extent 
143.5   possible, the school or school district must provide counseling 
143.6   services to pupils and their parents or guardian before the 
143.7   pupils enroll in courses under this section to ensure that the 
143.8   pupils and their parents or guardian are fully aware of the 
143.9   risks and possible consequences of enrolling in post-secondary 
143.10  courses.  The school or school district must provide information 
143.11  on the program including who may enroll, what institutions and 
143.12  courses are eligible for participation, the decision-making 
143.13  process for granting academic credits, financial arrangements 
143.14  for tuition, books and materials, eligibility criteria for 
143.15  transportation aid, available support services, the need to 
143.16  arrange an appropriate schedule, consequences of failing or not 
143.17  completing a course in which the pupil enrolls, the effect of 
143.18  enrolling in this program on the pupil's ability to complete the 
143.19  required high school graduation requirements, and the academic 
143.20  and social responsibilities that must be assumed by the pupils 
143.21  and their parents or guardian.  The person providing counseling 
143.22  shall encourage pupils and their parents or guardian to also use 
143.23  available counseling services at the post-secondary institutions 
143.24  before the quarter or semester of enrollment to ensure that 
143.25  anticipated plans are appropriate.  
143.26     Prior to enrolling in a course, the pupil and the pupil's 
143.27  parents or guardian must sign a form that must be provided by 
143.28  the school or school district and may be obtained from a 
143.29  post-secondary institution stating that they have received the 
143.30  information specified in this subdivision and that they 
143.31  understand the responsibilities that must be assumed in 
143.32  enrolling in this program.  The department must, upon request, 
143.33  provide technical assistance to a school or school district in 
143.34  developing appropriate forms and counseling guidelines. 
143.35     Sec. 5.  Minnesota Statutes 2000, section 124D.09, 
143.36  subdivision 7, is amended to read: 
144.1      Subd. 7.  [DISSEMINATION OF INFORMATION; NOTIFICATION OF 
144.2   INTENT TO ENROLL.] By March 1 of each year, A district must 
144.3   adopt policies for deadlines and provide general information 
144.4   about the program to all pupils in grades 10 and 11.  To assist 
144.5   the district in planning, a pupil shall inform the district by 
144.6   March 30 of each year of the pupil's intent to enroll in 
144.7   post-secondary courses during the following school year.  A 
144.8   pupil is not bound by notifying or not notifying the district by 
144.9   March 30.  
144.10     Sec. 6.  Minnesota Statutes 2000, section 124D.09, 
144.11  subdivision 12, is amended to read: 
144.12     Subd. 12.  [CREDITS.] A pupil may enroll in a course under 
144.13  this section for either secondary credit or post-secondary 
144.14  credit.  At the time a pupil enrolls in a course, the pupil 
144.15  shall designate whether the course is for secondary or 
144.16  post-secondary credit.  A pupil taking several courses may 
144.17  designate some for secondary credit and some for post-secondary 
144.18  credit.  A pupil must not audit a course under this section. 
144.19     A district shall grant academic credit to a pupil enrolled 
144.20  in a course for secondary credit if the pupil successfully 
144.21  completes the course.  Seven quarter or four semester college 
144.22  credits equal at least one full year of high school credit.  
144.23  Fewer college credits may be prorated.  A district must also 
144.24  grant academic credit to a pupil enrolled in a course for 
144.25  post-secondary credit if secondary credit is requested by a 
144.26  pupil.  If no comparable course is offered by the district, the 
144.27  district must, as soon as possible, notify the commissioner, who 
144.28  shall determine the number of credits that shall be granted to a 
144.29  pupil who successfully completes a course.  If a comparable 
144.30  course is offered by the district, the school board shall grant 
144.31  a comparable number of credits to the pupil.  If there is a 
144.32  dispute between the district and the pupil regarding the number 
144.33  of credits granted for a particular course, the pupil may appeal 
144.34  the board's decision to the commissioner.  The commissioner's 
144.35  decision regarding the number of credits shall be final.  
144.36     The secondary credits granted to a pupil must be counted 
145.1   toward the graduation requirements and subject area requirements 
145.2   of the district.  Evidence of successful completion of each 
145.3   course and secondary credits granted must be included in the 
145.4   pupil's secondary school record.  A pupil shall provide the 
145.5   school with a copy of the pupil's grade in each course taken for 
145.6   secondary credit under this section.  Upon the request of a 
145.7   pupil, the pupil's secondary school record must also include 
145.8   evidence of successful completion and credits granted for a 
145.9   course taken for post-secondary credit.  In either case, the 
145.10  record must indicate that the credits were earned at a 
145.11  post-secondary institution. 
145.12     If a pupil enrolls in a post-secondary institution after 
145.13  leaving secondary school, the post-secondary institution must 
145.14  award post-secondary credit for any course successfully 
145.15  completed for secondary credit at that institution.  Other 
145.16  post-secondary institutions may award, after a pupil leaves 
145.17  secondary school, post-secondary credit for any courses 
145.18  successfully completed under this section.  An institution may 
145.19  not charge a pupil for the award of credit. 
145.20     Sec. 7.  Minnesota Statutes 2000, section 124D.10, 
145.21  subdivision 1, is amended to read: 
145.22     Subdivision 1.  [PURPOSES EXPECTED OUTCOMES.] (a) 
145.23  The purpose of this section is expected outcomes of a charter 
145.24  school are to: 
145.25     (1) improve pupil learning; 
145.26     (2) increase learning opportunities for pupils; 
145.27     (3) encourage the use of different and innovative teaching 
145.28  methods; 
145.29     (4) require the measurement of learning outcomes and create 
145.30  different and innovative forms of measuring outcomes; 
145.31     (5) establish new forms of accountability for schools; or 
145.32     (6) create new professional opportunities for teachers, 
145.33  including the opportunity to be responsible for the learning 
145.34  program at the school site. 
145.35     (b) This section does not provide a means to keep open a 
145.36  school that otherwise would be closed.  Applicants in these 
146.1   circumstances bear the burden of proving that conversion to a 
146.2   charter school fulfills a purpose specified in this subdivision, 
146.3   independent of the school's closing. 
146.4      Sec. 8.  Minnesota Statutes 2000, section 124D.10, 
146.5   subdivision 6, is amended to read: 
146.6      Subd. 6.  [CONTRACT.] The sponsor's authorization for a 
146.7   charter school must be in the form of a written contract signed 
146.8   by the sponsor and the board of directors of the charter 
146.9   school.  The contract must be completed within 90 days of the 
146.10  commissioner's approval of the sponsor's proposed authorization. 
146.11  The contract for a charter school must be in writing and contain 
146.12  at least the following: 
146.13     (1) a description of a program that carries out one or more 
146.14  of the purposes expected outcomes in subdivision 1; 
146.15     (2) specific outcomes pupils are to achieve under 
146.16  subdivision 10; 
146.17     (3) admission policies and procedures; 
146.18     (4) management and administration of the school; 
146.19     (5) requirements and procedures for program and financial 
146.20  audits; 
146.21     (6) how the school will comply with subdivisions 8, 13, 16, 
146.22  and 23; 
146.23     (7) assumption of liability by the charter school; 
146.24     (8) types and amounts of insurance coverage to be obtained 
146.25  by the charter school; 
146.26     (9) the term of the contract, which may be up to three 
146.27  years; and 
146.28     (10) if the board of directors or the operators of the 
146.29  charter school provide special instruction and services for 
146.30  children with a disability under sections 125A.03 to 125A.24, 
146.31  and 125A.65, a description of the financial parameters within 
146.32  which the charter school will operate to provide the special 
146.33  instruction and services to children with a disability. 
146.34     Sec. 9.  Minnesota Statutes 2000, section 124D.10, 
146.35  subdivision 15, is amended to read: 
146.36     Subd. 15.  [REVIEW AND COMMENT.] The department must review 
147.1   and comment on the evaluation, by the sponsor, of the 
147.2   performance of a charter school before the charter school's 
147.3   contract is renewed.  A sponsor shall monitor and evaluate the 
147.4   fiscal and student performance of the school, and may for this 
147.5   purpose annually assess the school up to $10 per student up to a 
147.6   maximum of $3,500.  The information for the review and comment 
147.7   shall be reported by the sponsor to the commissioner of 
147.8   children, families, and learning in a timely manner.  
147.9   Periodically, the commissioner shall report trends or 
147.10  suggestions based on the evaluation of charter school contracts 
147.11  to the education committees of the state legislature.  
147.12     Sec. 10.  Minnesota Statutes 2000, section 124D.10, 
147.13  subdivision 19, is amended to read: 
147.14     Subd. 19.  [DISSEMINATE AVAILABLE INFORMATION.] The 
147.15  sponsor, the operators, and the department of children, 
147.16  families, and learning must disseminate make information 
147.17  available to the public on how to form and operate a charter 
147.18  school and how to utilize the offerings of a charter school.  
147.19  Particular groups to be targeted include low-income families and 
147.20  communities, and students of color. 
147.21     Sec. 11.  Minnesota Statutes 2000, section 124D.115, 
147.22  subdivision 3, is amended to read: 
147.23     Subd. 3.  [PROGRAM REIMBURSEMENT.] (a) State funds are 
147.24  provided to reimburse school breakfasts.  Each school year, the 
147.25  state must reimburse schools in the amount of 5.1 cents for each 
147.26  fully paid breakfast and for each free and reduced price 
147.27  breakfast not eligible for the "severe need" rate. 
147.28     (b) In addition to paragraph (a), each school year the 
147.29  state must reimburse schools 10.5 cents for each free and 
147.30  reduced price breakfast not eligible for the "severe need" rate 
147.31  if between 33 and 40 percent of the school lunches served during 
147.32  the second preceding school year were served free or at a 
147.33  reduced price. 
147.34     Sec. 12.  Minnesota Statutes 2000, section 124D.118, 
147.35  subdivision 2, is amended to read: 
147.36     Subd. 2.  [ESTABLISHMENT; SCHOOL PARTICIPATION.] Each 
148.1   district in the state is encouraged to participate in the 
148.2   state-supported school milk program for kindergartners.  
148.3   Participating districts must provide one serving of milk on each 
148.4   school day to each kindergarten student attending a public or 
148.5   nonpublic school in the district.  No student is required to 
148.6   accept the milk that is provided by the district.  The program 
148.7   must be promoted and operated under the direction of the 
148.8   commissioner or the commissioner's designee. 
148.9      Sec. 13.  Minnesota Statutes 2000, section 124D.118, 
148.10  subdivision 3, is amended to read: 
148.11     Subd. 3.  [PROGRAM GUIDELINES; DUTIES OF THE COMMISSIONER.] 
148.12  (a) The commissioner shall: 
148.13     (1) encourage all districts to participate in the school 
148.14  milk program for kindergartners; 
148.15     (2) prepare maintain program guidelines, not subject to 
148.16  chapter 14 until July 1, 1998, which will effectively and 
148.17  efficiently distribute appropriated and donated money to 
148.18  participating districts; and 
148.19     (3) seek donations and matching funds from appropriate 
148.20  private and public sources. 
148.21     (b) Program guidelines may provide for disbursement to 
148.22  districts through a mechanism of prepayments or by reimbursement 
148.23  for approved program expenses. 
148.24     Sec. 14.  Minnesota Statutes 2000, section 124D.28, 
148.25  subdivision 1, is amended to read: 
148.26     Subdivision 1.  [MANDATORY COMPONENTS EXPECTATIONS.] The 
148.27  expected outcomes of a family connections program must include:  
148.28     (1) participation by a designated designation of an 
148.29  individual as a career teacher, principal-teacher, or counselor 
148.30  teacher; 
148.31     (2) an increased emphasis on each individual child's unique 
148.32  learning and development needs beginning with early childhood 
148.33  family education; 
148.34     (3) procedures to give the career teacher a major 
148.35  responsibility for leadership of the instructional and 
148.36  noninstructional activities of each child beginning with early 
149.1   childhood family education; 
149.2      (4) procedures to involve increased involvement of parents 
149.3   in the learning and development experiences of their 
149.4   children; and 
149.5      (5) procedures to implement outcome based education by 
149.6   focusing on the needs of the learner; 
149.7      (6) procedures to coordinate and integrate (4) increased 
149.8   involvement of the instructional program with all community 
149.9   education programs; 
149.10     (7) procedures to concentrate career teacher programs at 
149.11  sites that provide early childhood family education and 
149.12  subsequent learning and development programs; and 
149.13     (8) procedures for the district to fund the program.  
149.14     Sec. 15.  Minnesota Statutes 2000, section 124D.30, 
149.15  subdivision 3, is amended to read: 
149.16     Subd. 3.  [COMMISSIONER APPROVAL.] The commissioner may 
149.17  shall approve plans and applications for districts throughout 
149.18  the state for family connections aid.  The commissioner shall 
149.19  establish application procedures and deadlines. 
149.20     Sec. 16.  Minnesota Statutes 2000, section 124D.35, is 
149.21  amended to read: 
149.22     124D.35 [YOUTH ENTREPRENEURSHIP EDUCATION PROGRAM.] 
149.23     The commissioner shall establish A youth entrepreneurship 
149.24  education program to improve the academic and entrepreneurial 
149.25  skills of students and aid in their transition from school to 
149.26  business creation.  The program shall strengthen local economies 
149.27  by creating jobs that enable citizens to remain in their 
149.28  communities and to foster cooperation among educators, economic 
149.29  development professionals, business leaders, and representatives 
149.30  of labor.  Assistance under this section shall be available to 
149.31  new or existing student-operated or school-operated businesses 
149.32  that have an educational purpose, and provide service or 
149.33  products for customers or clients who do not attend or work at 
149.34  the sponsoring school.  The commissioner may require an equal 
149.35  local match for assistance under this section up to the maximum 
149.36  grant amount of $20,000. 
150.1      Sec. 17.  Minnesota Statutes 2000, section 124D.37, is 
150.2   amended to read: 
150.3      124D.37 [PURPOSE EXPECTED OUTCOMES OF THE MINNESOTA YOUTH 
150.4   WORKS ACT.] 
150.5      The purposes expected outcomes of sections 124D.37 to 
150.6   124D.45 are to: 
150.7      (1) renew the ethic of promote civic responsibility in 
150.8   Minnesota; 
150.9      (2) empower youth to improve their life opportunities 
150.10  through youth literacy, job placement, and other essential life 
150.11  skills; 
150.12     (3) empower government to meet its improve government's 
150.13  responsibility to prepare young people to be contributing 
150.14  members of society; 
150.15     (4) help meet human civic, educational, environmental, and 
150.16  public safety needs, particularly those needs relating to 
150.17  poverty; 
150.18     (5) prepare a citizenry that is academically competent, 
150.19  ready for work, and socially responsible; 
150.20     (6) demonstrate the connection between youth and meaningful 
150.21  community service, community service and education, and 
150.22  education and meaningful opportunities in the business 
150.23  community; 
150.24     (7) demonstrate the connection between providing 
150.25  opportunities for at-risk youth and reducing crime rates and the 
150.26  social costs of troubled youth activities; 
150.27     (8) (6) create linkages for a comprehensive youth service 
150.28  and learning program in Minnesota including school age programs, 
150.29  higher education programs, youth work programs, and service 
150.30  corps programs; and 
150.31     (9) (7) coordinate federal and state activities that 
150.32  advance the purposes in this section. 
150.33     Sec. 18.  Minnesota Statutes 2000, section 124D.40, 
150.34  subdivision 2, is amended to read: 
150.35     Subd. 2.  [GRANT AUTHORITY.] The commission must use any 
150.36  state appropriation and any available federal funds, including 
151.1   any grant received under federal law, to award grants to 
151.2   establish programs for youth works meeting the requirements of 
151.3   section 124D.41.  At least one grant each must be available for 
151.4   a metropolitan proposal, a rural proposal, and a statewide 
151.5   proposal.  If a portion of the suburban metropolitan area is not 
151.6   included in the metropolitan grant proposal, the statewide grant 
151.7   proposal must incorporate at least one suburban metropolitan 
151.8   area.  In awarding grants, the commission may select at least 
151.9   one residential proposal and one nonresidential proposal, 
151.10  provided the proposals meet or exceed the criteria in section 
151.11  124D.41. 
151.12     Sec. 19.  Minnesota Statutes 2000, section 124D.41, is 
151.13  amended to read: 
151.14     124D.41 [GRANT APPLICATIONS.] 
151.15     Subdivision 1.  [APPLICATIONS REQUIRED.] An organization 
151.16  seeking federal or state grant money under sections 124D.39 to 
151.17  124D.44 shall prepare and submit to the commission an 
151.18  application that meets the requirements of this 
151.19  section developed by the commission.  The commission must 
151.20  develop, and the applying organizations must comply with, the 
151.21  form and manner of the application requirements that meet the 
151.22  expected outcomes in section 124D.37. 
151.23     Subd. 2.  [APPLICATION CONTENT.] An applicant on its 
151.24  application must: describe how it intends to meet the expected 
151.25  outcomes in section 124D.37. 
151.26     (1) propose a program to provide participants the 
151.27  opportunity to perform community service to meet specific unmet 
151.28  community needs, and participate in classroom, work-based, and 
151.29  service-learning; 
151.30     (2) assess the community's unmet educational, human, 
151.31  environmental, and public safety needs, the resources and 
151.32  programs available for meeting those needs, and how young people 
151.33  participated in assessing community needs; 
151.34     (3) describe the educational component of the program, 
151.35  including classroom hours per week, classroom time for 
151.36  participants to reflect on the program experience, and 
152.1   anticipated academic outcomes related to the service experience; 
152.2      (4) describe the work to be performed, the ratio of youth 
152.3   participants to crew leaders and mentors, and the expectations 
152.4   and qualifications for crew leaders and mentors; 
152.5      (5) describe local funds or resources available to meet the 
152.6   match requirements of section 124D.44; 
152.7      (6) describe any funds available for the program from 
152.8   sources other than the requested grant; 
152.9      (7) describe any agreements with local businesses to 
152.10  provide participants with work-learning opportunities and 
152.11  mentors; 
152.12     (8) describe any agreement with local post-secondary 
152.13  educational institutions to offer participants course credits 
152.14  for their community service-learning experience; 
152.15     (9) describe any agreement with a local high school or an 
152.16  alternative learning center to provide remedial education, 
152.17  credit for community service work and work-based learning, or 
152.18  graduate equivalency degrees; 
152.19     (10) describe any pay for service or other program delivery 
152.20  mechanism that will provide reimbursement for benefits conferred 
152.21  or recover costs of services participants perform; 
152.22     (11) describe how local resources will be used to provide 
152.23  support and assistance for participants to encourage them to 
152.24  continue with the program, fulfill the terms of the contract, 
152.25  and remain eligible for any postservice benefit; 
152.26     (12) describe the arbitration mechanism for dispute 
152.27  resolution required under section 124D.42, subdivision 2; 
152.28     (13) describe involvement of community leaders in 
152.29  developing broad-based support for the program; 
152.30     (14) describe the consultation and sign-off process to be 
152.31  used with any local labor organization representing employees in 
152.32  the area engaged in work similar to that proposed for the 
152.33  program to ensure that no current employees or available 
152.34  employment positions will be displaced by program participants; 
152.35     (15) certify to the commission and to any certified 
152.36  bargaining representatives representing employees of the 
153.1   applying organization that the project will not decrease 
153.2   employment opportunities that would be available without the 
153.3   project; will not displace current employees including any 
153.4   partial displacement in the form of reduced hours of work other 
153.5   than overtime, wages, employment benefits, or regular seasonal 
153.6   work; will not impair existing labor agreements; and will not 
153.7   result in the substitution of project funding for preexisting 
153.8   funds or sources of funds for ongoing work; 
153.9      (16) describe the length of the required service period, 
153.10  which may not be less than six months or more than two years, a 
153.11  method to incorporate a participant's readiness to advance or 
153.12  need for postservice financial assistance into individual 
153.13  service requirements, and any opportunity for participating part 
153.14  time or in another program; 
153.15     (17) describe a program evaluation plan that contains 
153.16  cost-effectiveness measures, measures of participant success 
153.17  including educational accomplishments, job placements, community 
153.18  contributions, and ongoing volunteer activities, outcome 
153.19  measures based on a preprogram and postprogram survey of 
153.20  community rates of arrest, incarceration, teenage pregnancy, and 
153.21  other indicators of youth in trouble, and a list of local 
153.22  resources dedicated to reducing these rates; 
153.23     (18) describe a three-year financial plan for maintaining 
153.24  the program; 
153.25     (19) describe the role of local youth in developing all 
153.26  aspects of the grant proposal; and 
153.27     (20) describe the process by which the local private 
153.28  industry council participated in, and reviewed the grant 
153.29  application. 
153.30     Sec. 20.  Minnesota Statutes 2000, section 124D.42, 
153.31  subdivision 7, is amended to read: 
153.32     Subd. 7.  [TRAINING AND EDUCATION REQUIREMENTS.] Each 
153.33  grantee organization must assess and work to enhance the 
153.34  educational level of each entering participant.  Each grantee 
153.35  shall work to enhance the educational skills of each 
153.36  participant.  The commission may coordinate or contract with 
154.1   educational institutions or other providers for educational 
154.2   services and evaluation.  All grantees shall give priority to 
154.3   educating and training participants who do not have a high 
154.4   school diploma or its equivalent, or who cannot afford 
154.5   post-secondary training and education. 
154.6      Sec. 21.  Minnesota Statutes 2000, section 124D.46, 
154.7   subdivision 1, is amended to read: 
154.8      Subdivision 1.  [GOALS ESTABLISHMENT.] To better prepare 
154.9   all learners to make transitions between education and 
154.10  employment, A comprehensive education and employment transitions 
154.11  system is established that is driven by multisector partnerships 
154.12  and takes a lifelong approach to workforce development.  
154.13  The goals of the statewide education and employment transitions 
154.14  system are shall develop and implement methods: 
154.15     (1) to improve the skills learners need to achieve greater 
154.16  levels of self-sufficiency through education, training, and 
154.17  work; 
154.18     (2) to improve work-related counseling and information 
154.19  about career opportunities and vocational education programs 
154.20  available to learners to facilitate workforce development; 
154.21     (3) to integrate opportunities for work-based learning, 
154.22  service-learning, and other applied learning methods into the 
154.23  elementary, secondary, and post-secondary curriculum and state 
154.24  and local graduation standards; 
154.25     (4) to increase participation in employment opportunities 
154.26  and demonstrate the relationship between education and 
154.27  employment at the elementary, secondary, and post-secondary 
154.28  education levels; 
154.29     (5) to promote the efficient use of public and private 
154.30  resources by coordinating elementary, secondary, and 
154.31  post-secondary education with related government programs; 
154.32     (6) (5) to expand educational options available to all 
154.33  learners through collaborative efforts between school districts, 
154.34  post-secondary institutions, employers, organized labor, 
154.35  workers, learners, parents, community-based organizations, and 
154.36  other interested parties; 
155.1      (7) (6) to increase opportunities for women, minorities, 
155.2   individuals with a disability, and at-risk learners to fully 
155.3   participate in work-based learning; and 
155.4      (8) to establish performance standards for learners that 
155.5   integrate state and local graduation standards and generally 
155.6   recognized industry and occupational skill standards; and 
155.7      (9) (7) to provide support systems including a unified 
155.8   labor market information system; a centralized quality assurance 
155.9   system with information on learner achievement, employer 
155.10  satisfaction, and measurable system outcomes; a statewide 
155.11  marketing system to promote the importance of lifework 
155.12  development; a comprehensive professional development system for 
155.13  public and private sector partners; and a comprehensive system 
155.14  for providing technical support to local partnerships for 
155.15  education and employment transitions. 
155.16     Sec. 22.  Minnesota Statutes 2000, section 124D.47, 
155.17  subdivision 2, is amended to read: 
155.18     Subd. 2.  [YOUTH APPRENTICESHIP PROGRAMS.] (a) A 
155.19  comprehensive youth apprenticeship program must require 
155.20  representatives of secondary and post-secondary school systems, 
155.21  affected local businesses, industries, occupations and labor, as 
155.22  well as the local community, to be actively and collaboratively 
155.23  involved in advising and managing the program and ensuring, in 
155.24  consultation with local private industry councils, that the 
155.25  youth apprenticeship program meets local labor market demands, 
155.26  provides student apprentices with the high skill training 
155.27  necessary for career advancement, meets applicable state 
155.28  graduation requirements and labor standards, pays apprentices 
155.29  for their work and provides support services to program 
155.30  participants. 
155.31     (b) Local employers, collaborating with labor organizations 
155.32  where appropriate, must assist the program by analyzing 
155.33  workplace needs, creating work-related curriculum, employing and 
155.34  adequately paying youth apprentices engaged in work-related 
155.35  learning in the workplace, training youth apprentices to become 
155.36  skilled in an occupation, providing student apprentices with a 
156.1   workplace mentor, periodically informing the school of an 
156.2   apprentice's progress, and making a reasonable effort to employ 
156.3   youth apprentices who successfully complete the program. 
156.4      (c) A student participating in a comprehensive youth 
156.5   apprenticeship program must sign a youth apprenticeship 
156.6   agreement with participating entities that obligates youth 
156.7   apprentices, their parents or guardians, employers, and schools 
156.8   to meet program requirements; indicates how academic 
156.9   instruction, work-based learning, and worksite learning and 
156.10  experience will be integrated; ensures that successful youth 
156.11  apprentices will receive a recognized credential of academic and 
156.12  occupational proficiency; and establishes the wage rate and 
156.13  other benefits for which youth apprentices are eligible while 
156.14  employed during the program. 
156.15     (d) Secondary school principals, counselors, or business 
156.16  mentors familiar with the education to employment transitions 
156.17  system must inform entering secondary school students about 
156.18  available occupational and career opportunities and the option 
156.19  of entering a youth apprenticeship or other work-based learning 
156.20  program to obtain post-secondary academic and occupational 
156.21  credentials. 
156.22     Sec. 23.  Minnesota Statutes 2000, section 124D.49, 
156.23  subdivision 3, is amended to read: 
156.24     Subd. 3.  [LOCAL EDUCATION AND EMPLOYMENT TRANSITIONS 
156.25  SYSTEMS.] A local education and employment transitions 
156.26  partnership must assess the needs of employers, employees, and 
156.27  learners, and develop a plan for implementing and achieving the 
156.28  objectives of a local or regional education and employment 
156.29  transitions system.  The plan must provide for a comprehensive 
156.30  local system for assisting learners and workers in making the 
156.31  transition from school to work or for retraining in a new 
156.32  vocational area.  The objectives expected outcomes of a local 
156.33  education and employment transitions system include:  
156.34     (1) increasing the effectiveness of the educational 
156.35  programs and curriculum of elementary, secondary, and 
156.36  post-secondary schools which meet state and local graduation 
157.1   standards and the work site in preparing prepare students in the 
157.2   skills and knowledge needed to be successful in the workplace; 
157.3      (2) implementing learner outcomes for students in grades 
157.4   kindergarten through 12 designed to introduce the world of work 
157.5   and to explore career opportunities, including nontraditional 
157.6   career opportunities; 
157.7      (3) eliminating barriers to providing effective integrated 
157.8   applied learning, service-learning, or work-based curriculum; 
157.9      (4) increasing opportunities to apply academic knowledge 
157.10  and skills, including skills needed in the workplace, in local 
157.11  settings which include the school, school-based enterprises, 
157.12  post-secondary institutions, the workplace, and the community; 
157.13     (5) increasing applied instruction in the attitudes and 
157.14  skills essential for success in the workplace, including 
157.15  cooperative working, leadership, problem-solving, and respect 
157.16  for diversity; 
157.17     (6) providing staff training for vocational guidance 
157.18  counselors, teachers, and other appropriate staff in the 
157.19  importance of preparing learners for the transition to work, and 
157.20  in methods of providing instruction that incorporate applied 
157.21  learning, work-based learning, and service-learning experiences; 
157.22     (7) (4) identifying and enlisting local and regional 
157.23  employers who can effectively provide work-based or 
157.24  service-learning opportunities, including, but not limited to, 
157.25  apprenticeships, internships, and mentorships; 
157.26     (8) (5) recruiting community and workplace mentors 
157.27  including peers, parents, employers and employed individuals 
157.28  from the community, and employers of high school students; 
157.29     (9) (6) identifying current and emerging educational, 
157.30  training, and employment needs of the area or region, especially 
157.31  within industries with potential for job growth; 
157.32     (10) (7) improving the coordination and effectiveness of 
157.33  local vocational and job training programs, including vocational 
157.34  education, adult basic education, tech prep, apprenticeship, 
157.35  service-learning, youth entrepreneur, youth training and 
157.36  employment programs administered by the commissioner of economic 
158.1   security, and local job training programs under the Job Training 
158.2   Partnership Act, United States Code, title 29, section 1501, et 
158.3   seq.; 
158.4      (11) (8) identifying and applying for federal, state, 
158.5   local, and private sources of funding for vocational or applied 
158.6   learning programs; 
158.7      (12) (9) providing students with current information and 
158.8   counseling about career opportunities, potential employment, 
158.9   educational opportunities in post-secondary institutions, 
158.10  workplaces, and the community, and the skills and knowledge 
158.11  necessary to succeed; 
158.12     (13) providing educational technology, including 
158.13  interactive television networks and other distance learning 
158.14  methods, to ensure access to a broad variety of work-based 
158.15  learning opportunities; 
158.16     (14) (10) including students with disabilities in a 
158.17  district's vocational or applied learning program and ways to 
158.18  serve at-risk learners through collaboration with area learning 
158.19  centers under sections 123A.05 to 123A.09, or other alternative 
158.20  programs; and 
158.21     (15) (11) providing a warranty to employers, post-secondary 
158.22  education programs, and other post-secondary training programs, 
158.23  that learners successfully completing a high school work-based 
158.24  or applied learning program will be able to apply the knowledge 
158.25  and work skills included in the program outcomes or graduation 
158.26  requirements.  The warranty shall require education and training 
158.27  programs to continue to work with those learners that need 
158.28  additional skill development until they can demonstrate 
158.29  achievement of the program outcomes or graduation requirements. 
158.30     Sec. 24.  Minnesota Statutes 2000, section 124D.50, 
158.31  subdivision 2, is amended to read: 
158.32     Subd. 2.  [SERVICE-LEARNING PROGRAMS DEVELOPED.] The 
158.33  commissioner, in consultation with the commission, shall develop 
158.34  a service-learning program curriculum that includes a policy 
158.35  framework and strategies for youth community service and an 
158.36  infrastructure for mentoring youth.  The commissioner shall 
159.1   include in the curriculum at least the following: 
159.2      (1) youth community service strategies that enable young 
159.3   people to make significant contributions to the welfare of their 
159.4   community through such organizations as schools, colleges, 
159.5   government agencies, and community-based organizations or 
159.6   through individual efforts; 
159.7      (2) mentoring strategies that enable young people to be 
159.8   matched with caring, responsible individuals who can encourage 
159.9   and guide the young people in their personal growth and 
159.10  development; 
159.11     (3) guidelines, criteria, and procedures for community 
159.12  service programs that incorporate the results of the study in 
159.13  subdivision 1; and 
159.14     (4) criteria for community service activities and 
159.15  service-learning.  
159.16     Sec. 25.  Minnesota Statutes 2000, section 124D.50, 
159.17  subdivision 3, is amended to read: 
159.18     Subd. 3.  [STRUCTURING PROGRAMS ACCORDING TO GRADE OR 
159.19  EDUCATION LEVEL.] The service-learning curriculum framework must 
159.20  accommodate students' grade level or the last completed grade 
159.21  level of the participants not currently enrolled in school.  
159.22  Schools must provide at least the following: 
159.23     (1) for students in grades 7 to 9, an opportunity to learn 
159.24  about service-learning activities and possible occupations; 
159.25     (2) for students in grade 10, an opportunity to apply for 
159.26  service-learning under section 124D.19 subdivision 10, and youth 
159.27  apprenticeship programs; and 
159.28     (3) for students in grades 11 and 12 and young people not 
159.29  currently enrolled in school, an opportunity to become involved 
159.30  in community service activities, participate in youth 
159.31  apprenticeship programs, and, depending upon the individual's 
159.32  demonstrated abilities, complete high school or pursue 
159.33  post-secondary coursework. 
159.34     Sec. 26.  Minnesota Statutes 2000, section 124D.65, 
159.35  subdivision 6, is amended to read: 
159.36     Subd. 6.  [PARTICIPATION OF NONPUBLIC SCHOOL PUPILS.] In 
160.1   counting the number of pupils of limited English proficiency for 
160.2   purposes of this section, districts may include pupils of 
160.3   limited English proficiency who attend nonpublic schools in the 
160.4   district.  A district which counts those pupils and receives aid 
160.5   pursuant to this section must offer those pupils the same 
160.6   programs on the same terms that it offers to pupils of limited 
160.7   English proficiency who attend the public school.  A program 
160.8   provided for a nonpublic school pupil pursuant to this 
160.9   subdivision must be provided at a public school or, a neutral 
160.10  site as defined in section 123B.41, subdivision 13, the 
160.11  nonpublic school, or any other suitable location.  The school 
160.12  district must make the final decision on the location of these 
160.13  services.  Nonpublic school pupils served by a district's 
160.14  educational program for pupils of limited English proficiency 
160.15  must be counted for average daily membership pursuant to 
160.16  sections 126C.01, subdivisions 6 to 8, and 126C.19, subdivisions 
160.17  1 to 4.  
160.18     Sec. 27.  Minnesota Statutes 2000, section 124D.74, 
160.19  subdivision 1, is amended to read: 
160.20     Subdivision 1.  [PROGRAM DESCRIBED OUTCOMES.] American 
160.21  Indian language and culture education programs are programs in 
160.22  elementary and secondary schools enrolling American Indian 
160.23  children designed: 
160.24     (1) to make the curriculum more relevant to the needs, 
160.25  interests, and cultural heritage of American Indian pupils; 
160.26     (2) to provide positive reinforcement of the self-image of 
160.27  American Indian pupils; and 
160.28     (3) to develop intercultural awareness among pupils, 
160.29  parents, and staff.  Program components may include:  
160.30  instruction in American Indian language, literature, history, 
160.31  and culture; development of support components for staff, 
160.32  including in-service training and technical assistance in 
160.33  methods of teaching American Indian pupils; research projects, 
160.34  including experimentation with and evaluation of methods of 
160.35  relating to American Indian pupils; provision of personal and 
160.36  vocational counseling to American Indian pupils; modification of 
161.1   curriculum, instructional methods, and administrative procedures 
161.2   to meet the needs of American Indian pupils; and establishment 
161.3   of cooperative liaisons with nonsectarian nonpublic, community, 
161.4   tribal or alternative schools offering curricula which reflect 
161.5   American Indian culture.  Districts offering programs may make 
161.6   contracts for the provision of program components by 
161.7   nonsectarian nonpublic, community, tribal or alternative 
161.8   schools.  These programs may also be provided as components of 
161.9   early childhood and family education programs. 
161.10     Sec. 28.  Minnesota Statutes 2000, section 124D.88, 
161.11  subdivision 2, is amended to read: 
161.12     Subd. 2.  [APPROVAL AUTHORITY; APPLICATION FORMS.] To the 
161.13  extent money is available, The commissioner may approve projects 
161.14  from applications submitted under this section.  The grant money 
161.15  must be used only to design, acquire, construct, expand, 
161.16  remodel, improve, furnish, or equip the building or site of a 
161.17  magnet school facility according to contracts entered into 
161.18  within 24 months after the date on which a grant is awarded. 
161.19     Sec. 29.  Minnesota Statutes 2000, section 124D.892, is 
161.20  amended to read: 
161.21     124D.892 [OFFICE OF DESEGREGATION/INTEGRATION.] 
161.22     Subdivision 1.  [ESTABLISHMENT.] (a) An office of 
161.23  desegregation/integration is established in The department 
161.24  commissioner of children, families, and learning to must 
161.25  coordinate and support activities related to student enrollment, 
161.26  student and staff recruitment and retention, transportation, and 
161.27  interdistrict cooperation among metropolitan school districts.  
161.28     (b) At the request of a metropolitan school district 
161.29  involved in cooperative desegregation/integration efforts, the 
161.30  office commissioner shall perform any of the following 
161.31  activities: 
161.32     (1) assist districts with interdistrict student transfers, 
161.33  including student recruitment, counseling, placement, and 
161.34  transportation; 
161.35     (2) coordinate and disseminate information about schools 
161.36  and programs; 
162.1      (3) assist districts with new magnet schools and programs; 
162.2      (4) assist districts in providing staff development and 
162.3   in-service training; and 
162.4      (5) coordinate and administer staff exchanges. 
162.5      (c) The office commissioner shall collect data on the 
162.6   efficacy of districts' desegregation/integration efforts and 
162.7   make recommendations based on the data.  The office commissioner 
162.8   shall periodically consult with the metropolitan council to 
162.9   coordinate school desegregation/integration efforts with the 
162.10  housing, social, economic, and infrastructure needs of the 
162.11  metropolitan area.  The office commissioner shall develop a 
162.12  process for resolving students' disputes and grievances about 
162.13  student transfers under a desegregation/integration plan.  
162.14     Subd. 2.  [COORDINATION.] The commissioner may request 
162.15  information or assistance from, or contract with, any state or 
162.16  local agency or officer, local unit of government, or recognized 
162.17  expert to assist the commissioner in performing the activities 
162.18  described in subdivision 1.  
162.19     Subd. 3.  [ADVISORY BOARD.] The commissioner shall 
162.20  establish an advisory board composed of: 
162.21     (1) nine superintendents, eight shall be selected by the 
162.22  superintendents of the school districts located in whole or in 
162.23  part within each of the eight metropolitan districts established 
162.24  under section 473.123, subdivision 3c, and one superintendent of 
162.25  a district outside the seven-county metropolitan area and is 
162.26  from a district that is considered racially isolated or has a 
162.27  racially isolated school site according to Minnesota Rules, part 
162.28  3535.0110; 
162.29     (2) one person each selected by the Indian affairs council, 
162.30  the council on Asian-Pacific Minnesotans, the council on Black 
162.31  Minnesotans, and the council on affairs of Chicano/Latino 
162.32  people; and 
162.33     (3) the superintendent of independent school district No. 
162.34  709, Duluth. 
162.35     The advisory board shall advise the office commissioner on 
162.36  complying with the requirements under subdivision 1.  The 
163.1   advisory board may solicit comments from teachers, parents, 
163.2   students, and interested community organizations and others. 
163.3      Sec. 30.  Minnesota Statutes 2000, section 124D.894, is 
163.4   amended to read: 
163.5      124D.894 [STATE MULTICULTURAL EDUCATION ADVISORY 
163.6   COMMITTEE.] 
163.7      (a) The commissioner shall appoint a state multicultural 
163.8   education advisory committee to advise the department and the 
163.9   state board on multicultural education.  The committee must have 
163.10  12 members and be composed of representatives from among the 
163.11  following groups and community organizations:  African-American, 
163.12  Asian-Pacific, Hispanic, and American Indian. 
163.13     (b) The state committee shall provide information and 
163.14  recommendations on: 
163.15     (1) department procedures for reviewing and approving 
163.16  district plans and disseminating information on multicultural 
163.17  education; 
163.18     (2) department procedures for improving inclusive education 
163.19  plans, curriculum and instruction improvement plans, and 
163.20  performance-based assessments; 
163.21     (3) developing learner outcomes which are multicultural; 
163.22  and 
163.23     (4) other recommendations that will further inclusive, 
163.24  multicultural education. 
163.25     (c) The committee shall also participate in determining the 
163.26  criteria for and awarding the grants established under Laws 
163.27  1993, chapter 224, article 8, section 22, subdivision 8. 
163.28     Sec. 31.  Minnesota Statutes 2000, section 124D.94, 
163.29  subdivision 2, is amended to read: 
163.30     Subd. 2.  [CREATION OF FOUNDATION.] There is created the 
163.31  Minnesota academic excellence foundation.  The purpose of the 
163.32  foundation shall be to promote academic excellence in Minnesota 
163.33  public and nonpublic schools and communities through 
163.34  public-private partnerships.  The foundation shall be a 
163.35  nonprofit organization.  The board of directors of the 
163.36  foundation and foundation activities are under the direction of 
164.1   the commissioner of children, families, and learning. 
164.2      Sec. 32.  Minnesota Statutes 2000, section 124D.94, 
164.3   subdivision 4, is amended to read: 
164.4      Subd. 4.  [FOUNDATION PROGRAMS.] The foundation may shall 
164.5   develop programs that advance the concept of educational 
164.6   excellence in Minnesota public and nonpublic schools and 
164.7   communities through public-private partnerships.  These may 
164.8   include, but are not limited to:  
164.9      (a) recognition programs and awards for students 
164.10  demonstrating academic excellence; 
164.11     (b) summer institute programs for students with special 
164.12  talents; 
164.13     (c) recognition programs for teachers, administrators, and 
164.14  others who contribute to academic excellence; 
164.15     (d) summer mentorship programs with business and industry 
164.16  for students with special career interests and high academic 
164.17  achievements; 
164.18     (e) governor's awards ceremonies and special campaigns to 
164.19  promote awareness and expectation for academic achievement; 
164.20     (f) an academic league to provide organized challenges 
164.21  requiring cooperation and competition for public and nonpublic 
164.22  pupils in elementary and secondary schools; 
164.23     (g) systemic transformation initiatives and assistance and 
164.24  training to community teams to increase school performance in 
164.25  the state's education institutions through strategic quality 
164.26  planning for continuous improvement, empowerment of multiple 
164.27  stakeholders, validation of results via customer-supplier 
164.28  relationships, and a total system approach based on best 
164.29  practices in key process areas; and 
164.30     (h) activities to measure customer satisfaction for 
164.31  delivery of services to education institutions in order to plan 
164.32  for and implement continuous improvement. 
164.33     To the extent possible, the foundation shall make these 
164.34  programs available to students in all parts of the state. 
164.35     Sec. 33.  [REVISOR INSTRUCTION.] 
164.36     In the next and subsequent editions of Minnesota Statutes 
165.1   and Minnesota Rules, the revisor of statutes shall renumber each 
165.2   section of Minnesota Statutes in column A with the number in 
165.3   column B.  The revisor shall also make necessary cross-reference 
165.4   changes consistent with the renumbering. 
165.5    A                          B 
165.6    124D.35                    124D.46, subd. 7 
165.7    124D.46, subd. 4           268.665, subd. 7 
165.8    124D.47, subd. 2           124D.46, subd. 8 
165.9      Sec. 34.  [REPEALER.] 
165.10     (a) Minnesota Statutes 2000, sections 124D.02, subdivisions 
165.11  2, 3, and 4; 124D.06; 124D.081, subdivision 1; 124D.09, 
165.12  subdivisions 2, 8, 25, and 26; 124D.10, subdivision 13; 
165.13  124D.115, subdivisions 1 and 2; 124D.118, subdivision 1; 
165.14  124D.12; 124D.121; 124D.122; 124D.123; 124D.124; 124D.125; 
165.15  124D.126; 124D.127; 124D.128, subdivisions 1, 3, and 5; 124D.31; 
165.16  124D.34, subdivision 5; 124D.43; 124D.46, subdivision 3; 
165.17  124D.47, subdivision 1; 124D.50, subdivisions 1, 2, and 3; 
165.18  124D.60, subdivision 3; 124D.65, subdivisions 8, 9, and 10; 
165.19  124D.68, subdivision 1; 124D.72; 124D.81, subdivision 7; 
165.20  124D.88, subdivision 1; 124D.895; 124D.90, subdivision 5; 
165.21  124D.91; 124D.92; and 124D.93, are repealed. 
165.22     (b) Minnesota Statutes 2000, section 124D.128, subdivision 
165.23  6, is repealed effective July 1, 2001. 
165.24                             ARTICLE 15
165.25                      EDUCATION AND TECHNOLOGY 
165.26     Section 1.  Minnesota Statutes 2000, section 125B.05, 
165.27  subdivision 1, is amended to read: 
165.28     Subdivision 1.  [INFORMATION SYSTEM.] The department of 
165.29  children, families, and learning shall develop and maintain a 
165.30  computerized an information system for state information needs.  
165.31     Sec. 2.  Minnesota Statutes 2000, section 125B.05, 
165.32  subdivision 2, is amended to read: 
165.33     Subd. 2.  [PURPOSES.] The purposes of the computerized 
165.34  information system shall be:  
165.35     (a) To provide comparable and accurate educational 
165.36  information in a manner which is timely and economical; 
166.1      (b) To ensure accountability for state appropriations; 
166.2      (c) To collect data to assess the needs of learners and 
166.3   children; 
166.4      (d) To provide school districts with an educational 
166.5   information system capability which will meet school district 
166.6   management needs; and 
166.7      (e) To provide for computerized analysis of educational 
166.8   information to meet the management needs of the state of 
166.9   Minnesota. 
166.10     Sec. 3.  Minnesota Statutes 2000, section 125B.20, 
166.11  subdivision 1, is amended to read: 
166.12     Subdivision 1.  [ESTABLISHMENT; PURPOSE.] The purpose of 
166.13  developing a statewide school district telecommunications 
166.14  network is to expand the availability of a broad range of 
166.15  courses and degrees to students throughout the state, to share 
166.16  information resources to improve access, quality, and 
166.17  efficiency, to improve learning, and distance cooperative 
166.18  learning opportunities, and to promote the exchange of ideas 
166.19  among students, parents, teachers, media generalists, 
166.20  librarians, and the public.  In addition, through the 
166.21  development of this statewide telecommunications network 
166.22  emphasizing cost-effective, competitive connections, all 
166.23  Minnesotans will benefit by enhancing access to 
166.24  telecommunications technology throughout the state.  Network 
166.25  connections for school districts and public libraries are 
166.26  coordinated and fully integrated into the existing state 
166.27  telecommunications and interactive television networks to 
166.28  achieve comprehensive and efficient interconnectivity of school 
166.29  districts and libraries to higher education institutions, state 
166.30  agencies, other governmental units, agencies, and institutions 
166.31  throughout Minnesota.  A school district may apply to the 
166.32  commissioner for a grant under subdivision 2, and a regional 
166.33  public library may apply under subdivision 3.  The Minnesota 
166.34  education telecommunications council established in Laws 1995, 
166.35  First Special Session chapter 3, article 12, section 7, shall 
166.36  establish priorities for awarding grants, making grant awards, 
167.1   and being responsible for the coordination of networks. 
167.2      Sec. 4.  Minnesota Statutes 2000, section 125B.20, 
167.3   subdivision 4, is amended to read: 
167.4      Subd. 4.  [AWARD OF GRANTS.] The council shall develop 
167.5   application forms and procedures for telecommunication access 
167.6   grants.  The council shall select the grant recipient and shall 
167.7   promptly notify any applicant that is found not to be 
167.8   qualified.  The commissioner shall make the grant payments 
167.9   directly to the school district or regional library system.  At 
167.10  the request of the district or regional library system, the 
167.11  commissioner may make the grant payment directly to the 
167.12  coordinating organization.  
167.13     Sec. 5.  [REPEALER.] 
167.14     Minnesota Statutes 2000, sections 125B.02; 125B.07, 
167.15  subdivisions 1, 3, and 5; 125B.09; and 125B.11, are repealed. 
167.16                             ARTICLE 16
167.17                         EDUCATION FUNDING 
167.18     Section 1.  Minnesota Statutes 2000, section 126C.05, 
167.19  subdivision 1, is amended to read: 
167.20     Subdivision 1.  [PUPIL UNIT.] Pupil units for each 
167.21  Minnesota resident pupil in average daily membership enrolled in 
167.22  the district of residence, in another district under sections 
167.23  123A.05 to 123A.08, 124D.03, 124D.06, 124D.07, 124D.08, or 
167.24  124D.68; in a charter school under section 124D.10; or for whom 
167.25  the resident district pays tuition under section 123A.18, 
167.26  123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88, 
167.27  subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or 
167.28  125A.65, shall be counted according to this subdivision.  A 
167.29  district may not count a person who is over the age of 21, 
167.30  except as provided in section 125A.03, or who has graduated from 
167.31  high school and is enrolled as a part-time student in a class or 
167.32  program as a pupil unit. 
167.33     (a) A prekindergarten pupil with a disability who is 
167.34  enrolled in a program approved by the commissioner and has an 
167.35  individual education plan is counted as the ratio of the number 
167.36  of hours of assessment and education service to 825 times 1.25 
168.1   with a minimum of 0.28, but not more than 1.25. 
168.2      (b) A prekindergarten pupil who is assessed but determined 
168.3   not to be handicapped is counted as the ratio of the number of 
168.4   hours of assessment service to 825 times 1.25.  
168.5      (c) A kindergarten pupil with a disability who is enrolled 
168.6   in a program approved by the commissioner is counted as the 
168.7   ratio of the number of hours of assessment and education 
168.8   services required in the fiscal year by the pupil's individual 
168.9   education program plan to 875, but not more than one. 
168.10     (d) A kindergarten pupil who is not included in paragraph 
168.11  (c) is counted as .557 of a pupil unit for fiscal year 2000 and 
168.12  thereafter. 
168.13     (e) A pupil who is in any of grades 1 to 3 is counted as 
168.14  1.115 pupil units for fiscal year 2000 and thereafter. 
168.15     (f) A pupil who is any of grades 4 to 6 is counted as 1.06 
168.16  pupil units for fiscal year 1995 and thereafter. 
168.17     (g) A pupil who is in any of grades 7 to 12 is counted as 
168.18  1.3 pupil units.  
168.19     (h) A pupil who is in the post-secondary enrollment options 
168.20  program is counted as 1.3 pupil units.  
168.21     Sec. 2.  Minnesota Statutes 2000, section 126C.17, 
168.22  subdivision 11, is amended to read: 
168.23     Subd. 11.  [REFERENDUM DATE.] In addition to the referenda 
168.24  allowed in subdivision 9, clause (a), the commissioner may 
168.25  authorize a referendum for a different day.  
168.26     (a) The commissioner may grant authority to a district to 
168.27  hold a referendum on a different day if the district is in 
168.28  statutory operating debt and has an approved plan or has 
168.29  received an extension from the department to file a plan to 
168.30  eliminate the statutory operating debt.  
168.31     (b) The commissioner may grant authority for a district to 
168.32  hold a referendum on a different day if:  (1) the district will 
168.33  conduct a bond election under chapter 475 on that same day; and 
168.34  (2) the proceeds of the referendum will provide only additional 
168.35  operating revenue complementing the purpose for which bonding 
168.36  authority is sought.  The commissioner may only grant authority 
169.1   under this paragraph if the district demonstrates to the 
169.2   commissioner's satisfaction that the district's ability to 
169.3   operate the new facility or achieve efficiencies with the 
169.4   purchases connected to the proceeds of the bond sale will be 
169.5   significantly affected if the operating referendum is not 
169.6   conducted until the November general election.  Authority under 
169.7   this paragraph expires November 30, 1998. 
169.8      (c) The commissioner must approve, deny, or modify each 
169.9   district's request for a referendum levy on a different day 
169.10  within 60 days of receiving the request from a district. 
169.11     Sec. 3.  Minnesota Statutes 2000, section 126C.31, is 
169.12  amended to read: 
169.13     126C.31 [POLICY.] 
169.14     Financing the education of our children is one of state 
169.15  government's most important functions.  In performing this 
169.16  function, the state seeks to provide sufficient funding while 
169.17  encouraging equity, accountability, and incentives toward 
169.18  quality improvement.  To help achieve these goals and to help 
169.19  control future spending growth To ensure students have access to 
169.20  educational programs and services that meet their academic 
169.21  needs, the state will fund core instruction and related support 
169.22  services, will facilitate improvement in the quality and 
169.23  delivery of programs and services, and will equalize revenues 
169.24  raised locally for discretionary purposes. 
169.25     Sec. 4.  Minnesota Statutes 2000, section 126C.48, 
169.26  subdivision 8, is amended to read: 
169.27     Subd. 8.  [TACONITE PAYMENT AND OTHER REDUCTIONS.] (1) 
169.28  Reductions in levies pursuant to sections 126C.48, subdivision 
169.29  1, and 273.138, must be made prior to the reductions in clause 
169.30  (2). 
169.31     (2) Notwithstanding any other law to the contrary, 
169.32  Districts which received payments pursuant to sections 298.018; 
169.33  298.24 to 298.28, except an amount distributed under section 
169.34  298.28, subdivision 4, paragraph (c), clause (ii); 298.34 to 
169.35  298.39; 298.391 to 298.396; 298.405; and any law imposing a tax 
169.36  upon severed mineral values, or recognized revenue pursuant to 
170.1   section 477A.15; must not include a portion of these aids in 
170.2   their permissible levies pursuant to those sections, but instead 
170.3   must reduce the permissible levies authorized by this chapter 
170.4   and chapters 120B, 122A, 123A, 123B, 124A, 124D, 125A, and 127A 
170.5   by the greater of the following: 
170.6      (a) an amount equal to 50 percent of the total dollar 
170.7   amount of the payments received pursuant to those sections or 
170.8   revenue recognized pursuant to section 477A.15 in the previous 
170.9   fiscal year; or 
170.10     (b) an amount equal to the total dollar amount of the 
170.11  payments received pursuant to those sections or revenue 
170.12  recognized pursuant to section 477A.15 in the previous fiscal 
170.13  year less the product of the same dollar amount of payments or 
170.14  revenue times five percent. 
170.15     (3) No reduction pursuant to this subdivision shall reduce 
170.16  the levy made by the district pursuant to section 126C.13, to an 
170.17  amount less than the amount raised by a levy of a net tax rate 
170.18  of 6.82 percent times the adjusted net tax capacity for taxes 
170.19  payable in 1990 and thereafter of that district for the 
170.20  preceding year as determined by the commissioner.  The amount of 
170.21  any increased levy authorized by referendum pursuant to section 
170.22  126C.17, subdivision 9, shall not be reduced pursuant to this 
170.23  subdivision.  The amount of any levy authorized by section 
170.24  126C.43, to make payments for bonds issued and for interest 
170.25  thereon, shall not be reduced pursuant to this subdivision.  
170.26     (4) Before computing the reduction pursuant to this 
170.27  subdivision of the health and safety levy authorized by sections 
170.28  123B.57 and 126C.40, subdivision 5, the commissioner shall 
170.29  ascertain from each affected school district the amount it 
170.30  proposes to levy under each section or subdivision.  The 
170.31  reduction shall be computed on the basis of the amount so 
170.32  ascertained. 
170.33     (5) Notwithstanding any law to the contrary, Any amounts 
170.34  received by districts in any fiscal year pursuant to sections 
170.35  298.018; 298.24 to 298.28; 298.34 to 298.39; 298.391 to 298.396; 
170.36  298.405; or any law imposing a tax on severed mineral values; 
171.1   and not deducted from general education aid pursuant to section 
171.2   126C.21, subdivision 4, clause (2), and not applied to reduce 
171.3   levies pursuant to this subdivision shall be paid by the 
171.4   district to the St. Louis county auditor in the following amount 
171.5   by March 15 of each year, the amount required to be subtracted 
171.6   from the previous fiscal year's general education aid pursuant 
171.7   to section 126C.21, subdivision 4, which is in excess of the 
171.8   general education aid earned for that fiscal year.  The county 
171.9   auditor shall deposit any amounts received pursuant to this 
171.10  clause in the St. Louis county treasury for purposes of paying 
171.11  the taconite homestead credit as provided in section 273.135. 
171.12                             ARTICLE 17
171.13                 STATE ADMINISTRATION OF EDUCATION 
171.14     Section 1.  Minnesota Statutes 2000, section 127A.05, 
171.15  subdivision 1, is amended to read: 
171.16     Subdivision 1.  [APPOINTMENT AND DUTIES.] The department 
171.17  shall be under the administrative control of the commissioner of 
171.18  children, families, and learning which office is established.  
171.19  The governor shall appoint the commissioner under the provisions 
171.20  of section 15.06.  
171.21     The commissioner shall be a person who possesses 
171.22  educational attainment and breadth of experience in the 
171.23  administration of public education and of the finances 
171.24  pertaining thereto commensurate with the spirit and intent of 
171.25  this code.  Notwithstanding any other law to the contrary, the 
171.26  commissioner may appoint two deputy commissioners who shall 
171.27  serve in the unclassified service.  The commissioner shall also 
171.28  appoint other employees as may be necessary for the organization 
171.29  of the department.  The commissioner shall perform such duties 
171.30  as the law and rules may provide and be held responsible for the 
171.31  efficient administration and discipline of the department.  The 
171.32  commissioner is charged with the execution of powers and duties 
171.33  to promote public education in the state and to safeguard the 
171.34  finances pertaining thereto. 
171.35     Sec. 2.  Minnesota Statutes 2000, section 127A.05, 
171.36  subdivision 3, is amended to read: 
172.1      Subd. 3.  [GENERAL SUPERVISION OVER PUBLIC SCHOOLS AND 
172.2   EDUCATIONAL AGENCIES.] The commissioner of children, families, 
172.3   and learning shall adopt goals for and exercise general 
172.4   supervision over public schools and other public educational 
172.5   agencies in the state, classify and standardize public 
172.6   elementary and secondary schools, and prepare for them outlines 
172.7   and suggested courses of study.  The commissioner shall develop 
172.8   a plan to attain the adopted goals.  The commissioner may 
172.9   recognize educational accrediting agencies for the sole purposes 
172.10  of sections 120A.22, 120A.24, and 120A.26. 
172.11     Sec. 3.  Minnesota Statutes 2000, section 127A.06, is 
172.12  amended to read: 
172.13     127A.06 [RECOMMENDATIONS; BUDGET.] 
172.14     The commissioner of children, families, and learning shall 
172.15  recommend to the governor and legislature such modification and 
172.16  unification of laws relating to the state system of education as 
172.17  shall make those laws more readily understood and more effective 
172.18  in execution.  The commissioner of children, families, and 
172.19  learning shall prepare a biennial education budget which shall 
172.20  be submitted to the governor and legislature, such budget to 
172.21  contain a complete statement of finances pertaining to the 
172.22  maintenance operations of the state department and to the 
172.23  distribution of state aid.  
172.24     Sec. 4.  Minnesota Statutes 2000, section 127A.41, 
172.25  subdivision 7, is amended to read: 
172.26     Subd. 7.  [SCHEDULE ADJUSTMENTS.] (a) It is the intention 
172.27  of the legislature to encourage efficient and effective use of 
172.28  staff and facilities by districts.  Districts are encouraged to 
172.29  consider both cost and energy saving measures. 
172.30     (b) Any district operating a program pursuant to sections 
172.31  124D.12 to 124D.127, 124D.128, or 124D.25 to 124D.29, or 
172.32  operating a commissioner-designated area learning center program 
172.33  under section 123A.09, or that otherwise receives the approval 
172.34  of the commissioner to operate its instructional program to 
172.35  avoid an aid reduction in any year, may adjust the annual school 
172.36  schedule for that program throughout the calendar year.  
173.1      Sec. 5.  [REPEALER.] 
173.2      Minnesota Statutes 2000, sections 127A.05, subdivision 5; 
173.3   and 127A.41, subdivision 4, are repealed. 
173.4                              ARTICLE 18
173.5                  PERPICH CENTER FOR ARTS EDUCATION 
173.6      Section 1.  Minnesota Statutes 2000, section 129C.10, 
173.7   subdivision 3, is amended to read: 
173.8      Subd. 3.  [POWERS AND DUTIES OF BOARD.] (a) The board has 
173.9   the powers necessary for the care, management, and control of 
173.10  the Perpich center for arts education and all its real and 
173.11  personal property.  The powers shall include, but are not 
173.12  limited to, those listed in this subdivision. 
173.13     (b) The board may employ and discharge necessary employees, 
173.14  and contract for other services to ensure the efficient 
173.15  operation of the center for arts education. 
173.16     (c) The board may receive and award grants.  The board may 
173.17  establish a charitable foundation and accept, in trust or 
173.18  otherwise, any gift, grant, bequest, or devise for educational 
173.19  purposes and hold, manage, invest, and dispose of them and the 
173.20  proceeds and income of them according to the terms and 
173.21  conditions of the gift, grant, bequest, or devise and its 
173.22  acceptance.  The board must adopt internal procedures to 
173.23  administer and monitor aids and grants. 
173.24     (d) The board may establish or coordinate evening, 
173.25  continuing education, extension, and summer programs for 
173.26  teachers and pupils. 
173.27     (e) The board may identify pupils who have artistic talent, 
173.28  either demonstrated or potential, in dance, literary arts, media 
173.29  arts, music, theater, and visual arts, or in more than one art 
173.30  form. 
173.31     (f) The board must educate pupils with artistic talent by 
173.32  providing:  
173.33     (1) an interdisciplinary academic and arts program for 
173.34  pupils in the 11th and 12th grades.  The total number of pupils 
173.35  accepted under this clause and clause (2) shall not exceed 300; 
173.36     (2) additional instruction to pupils for a 13th grade. 
174.1   Pupils eligible for this instruction are those enrolled in 12th 
174.2   grade who need extra instruction and who apply to the board, or 
174.3   pupils enrolled in the 12th grade who do not meet learner 
174.4   outcomes established by the board; 
174.5      (3) intensive arts seminars for one or two weeks for pupils 
174.6   in grades 9 to 12; 
174.7      (4) summer arts institutes for pupils in grades 9 to 12; 
174.8      (5) artist mentor and extension programs in regional sites; 
174.9   and 
174.10     (6) teacher education programs for indirect curriculum 
174.11  delivery. 
174.12     (g) The board may determine the location for the Perpich 
174.13  center for arts education and any additional facilities related 
174.14  to the center, including the authority to lease a temporary 
174.15  facility. 
174.16     (h) (e) The board must plan for the enrollment of pupils on 
174.17  an equal basis from each congressional district.  
174.18     (i) The board may establish task forces as needed to advise 
174.19  the board on policies and issues.  The task forces expire as 
174.20  provided in section 15.059, subdivision 6.  
174.21     (j) The board may request the commissioner of children, 
174.22  families, and learning for assistance and services. 
174.23     (k) The board may enter into contracts with other public 
174.24  and private agencies and institutions for residential and 
174.25  building maintenance services if it determines that these 
174.26  services could be provided more efficiently and less expensively 
174.27  by a contractor than by the board itself.  The board may also 
174.28  enter into contracts with public or private agencies and 
174.29  institutions, school districts or combinations of school 
174.30  districts, or service cooperatives to provide supplemental 
174.31  educational instruction and services. 
174.32     (l) The board may provide or contract for services and 
174.33  programs by and for the center for arts education, including a 
174.34  store, operating in connection with the center; theatrical 
174.35  events; and other programs and services that, in the 
174.36  determination of the board, serve the purposes of the center. 
175.1      (m) (f) The board may provide for transportation of pupils 
175.2   to and from the center for arts education for all or part of the 
175.3   school year, as the board considers advisable and subject to its 
175.4   rules.  Notwithstanding any other law to the contrary, and the 
175.5   board may charge a reasonable fee for transportation of pupils.  
175.6   Every driver providing transportation of pupils under this 
175.7   paragraph must possess all qualifications required by the 
175.8   commissioner of children, families, and learning.  The board may 
175.9   contract for furnishing authorized transportation under rules 
175.10  established by the commissioner of children, families, and 
175.11  learning and may purchase and furnish gasoline to a contract 
175.12  carrier for use in the performance of a contract with the board 
175.13  for transportation of pupils to and from the center for arts 
175.14  education.  When transportation is provided, scheduling of 
175.15  routes, establishment of the location of bus stops, the manner 
175.16  and method of transportation, the control and discipline of 
175.17  pupils, and any other related matter is within the sole 
175.18  discretion, control, and management of the board. 
175.19     (n) (g) The board may provide room and board for its pupils.
175.20  If the board provides room and board, it shall charge a 
175.21  reasonable fee for the room and board.  The fee is not subject 
175.22  to chapter 14 and is not a prohibited fee according to sections 
175.23  123B.34 to 123B.39.  
175.24     (o) (h) The board may establish and set fees for services 
175.25  and programs.  If the board sets fees not authorized or 
175.26  prohibited by the Minnesota public school fee law, it may do so 
175.27  without complying with the requirements of section 123B.38.  
175.28     (p) The board may apply for all competitive grants 
175.29  administered by agencies of the state and other government or 
175.30  nongovernment sources. 
175.31                             ARTICLE 19 
175.32                          REPEAL OF RULES 
175.33     Section 1.  [REPEALER.] 
175.34     Minnesota Rules, parts 3505.4300; 3520.0400; 3545.0600; 
175.35  3545.0700; 3545.0800; 3545.0900; and 3550.0100, are repealed. 
175.36     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
176.1   following final enactment.