1.1                          A bill for an act 
  1.2             relating to early childhood; providing for family and 
  1.3             kindergarten through grade 12 education including 
  1.4             general education, education excellence, special 
  1.5             programs, facilities and technology, nutrition, 
  1.6             libraries, early family childhood support, prevention, 
  1.7             self-sufficiency and life-long learning, state 
  1.8             agencies, deficiencies, education policy initiatives; 
  1.9             proposing an amendment to the Minnesota Constitution, 
  1.10            article XIII, section 1; appropriating money; amending 
  1.11            Minnesota Statutes 2002, sections 15.01; 62A.661, 
  1.12            subdivision 6; 119A.01, subdivision 2; 119A.02, 
  1.13            subdivisions 2, 3; 119B.011, subdivisions 8, 10; 
  1.14            120A.02; 120A.05, subdivisions 4, 7; 120A.41; 120B.35, 
  1.15            by adding a subdivision; 121A.03, subdivisions 2, 3, 
  1.16            by adding a subdivision; 121A.55; 121A.61, subdivision 
  1.17            3; 122A.09, subdivision 4; 123B.143, subdivision 1; 
  1.18            123B.90, subdivisions 2, 3; 123B.91, subdivision 1; 
  1.19            124D.081, subdivision 3; 124D.09, subdivisions 4, 5, 
  1.20            7, 8, 9; 124D.10, subdivision 20; 124D.135, 
  1.21            subdivision 1; 126C.10, subdivisions 1, 4, by adding 
  1.22            subdivisions; 126C.457; 127A.05, subdivisions 1, 3; 
  1.23            169.28, subdivision 1; 169.4503, subdivision 4; 
  1.24            169.454, subdivision 6; 171.321, subdivision 5; 
  1.25            626.8451, subdivision 1a; proposing coding for new law 
  1.26            in Minnesota Statutes, chapters 120B; 121A; 122A; 
  1.27            125A; 174; repealing Minnesota Statutes 2002, sections 
  1.28            119A.01, subdivision 1; 123B.90, subdivision 1; 
  1.29            169.441, subdivision 4. 
  1.30  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.31                             ARTICLE 1 
  1.32                         GENERAL EDUCATION 
  1.33     Section 1.  Minnesota Statutes 2002, section 126C.10, 
  1.34  subdivision 1, is amended to read: 
  1.35     Subdivision 1.  [GENERAL EDUCATION REVENUE.] (a) ~~For fiscal~~ 
  1.36  ~~year 2002, the general education revenue for each district~~ 
  1.37  ~~equals the sum of the district's basic revenue, basic skills~~ 
  2.1   ~~revenue, training and experience revenue, secondary sparsity~~ 
  2.2   ~~revenue, elementary sparsity revenue, transportation sparsity~~ 
  2.3   ~~revenue, total operating capital revenue, equity revenue,~~ 
  2.4   ~~transition revenue, and supplemental revenue.~~ 
  2.5      ~~(b)~~ For fiscal year 2003 ~~and later~~, the general education 
  2.6   revenue for each district equals the sum of the district's basic 
  2.7   revenue, basic skills revenue, training and experience revenue, 
  2.8   secondary sparsity revenue, elementary sparsity revenue, 
  2.9   transportation sparsity revenue, total operating capital 
  2.10  revenue, and equity revenue. 
  2.11     (b) For fiscal year 2004 and later, the general education 
  2.12  revenue for each district equals the sum of the district's basic 
  2.13  revenue, gifted and talented revenue, alternative compensation 
  2.14  revenue, basic skills revenue, secondary sparsity revenue, 
  2.15  elementary sparsity revenue, transportation sparsity revenue, 
  2.16  small school sustainability revenue, total operating capital 
  2.17  revenue, equity revenue, and transition revenue. 
  2.18     Sec. 2.  Minnesota Statutes 2002, section 126C.10, is 
  2.19  amended by adding a subdivision to read: 
  2.20     Subd. 2a.  [GIFTED AND TALENTED REVENUE.] Gifted and 
  2.21  talented revenue for each district equals $10 times the 
  2.22  district's adjusted marginal cost pupil units.  A school 
  2.23  district must reserve gifted and talented revenue and must spend 
  2.24  the revenue only to: 
  2.25     (1) identify gifted and talented students; 
  2.26     (2) provide educational programming for gifted and talented 
  2.27  students; or 
  2.28     (3) provide staff development to aid in the teaching of 
  2.29  gifted and talented students. 
  2.30     <b>[EFFECTIVE DATE.]</b> This section is effective for revenue for 
  2.31  fiscal year 2004. 
  2.32     Sec. 3.  Minnesota Statutes 2002, section 126C.10, is 
  2.33  amended by adding a subdivision to read: 
  2.34     Subd. 2b.  [ALTERNATIVE COMPENSATION REVENUE.] Beginning in 
  2.35  fiscal year 2005, a school district that meets the conditions of 
  2.36  section 122A.414 is eligible for alternative compensation aid.  
  3.1   A district's aid amount equals the amount computed under section 
  3.2   122A.415 less any amounts received for this program under any 
  3.3   other law.  
  3.4      Sec. 4.  Minnesota Statutes 2002, section 126C.10, is 
  3.5   amended by adding a subdivision to read: 
  3.6      Subd. 3a.  [ENROLLMENT OPTIONS COMPENSATORY REVENUE.] For a 
  3.7   pupil eligible for free or reduced price meals, a nonresident 
  3.8   pupil's enrollment options compensatory revenue equals the 
  3.9   greater of zero, or the difference between the average 
  3.10  compensatory revenue per adjusted marginal cost pupil unit in 
  3.11  the pupil's resident school district and the pupil's serving 
  3.12  school district for that school year.  A school district's 
  3.13  enrollment options compensatory revenue equals the sum of its 
  3.14  nonresident pupils' enrollment options compensatory revenue. 
  3.15     <b>[EFFECTIVE DATE.]</b> This section is effective for revenue for 
  3.16  fiscal year 2004. 
  3.17     Sec. 5.  Minnesota Statutes 2002, section 126C.10, 
  3.18  subdivision 4, is amended to read: 
  3.19     Subd. 4.  [BASIC SKILLS REVENUE.] ~~(a) For fiscal year 2002,~~ 
  3.20  ~~a school district's basic skills revenue equals the sum of:~~ 
  3.21     ~~(1) compensatory revenue under subdivision 3; plus~~ 
  3.22     ~~(2) limited English proficiency revenue according to~~ 
  3.23  ~~section 124D.65, subdivision 5; plus~~ 
  3.24     ~~(3) $190 times the limited English proficiency pupil units~~ 
  3.25  ~~according to section 126C.05, subdivision 17; plus~~ 
  3.26     ~~(4) $22.50 times the number of adjusted marginal cost pupil~~ 
  3.27  ~~units in kindergarten to grade 8.~~ 
  3.28     ~~(b) For fiscal year 2003 and later,~~ A school district's 
  3.29  basic skills revenue equals the sum of: 
  3.30     (1) compensatory revenue under ~~subdivision~~ subdivisions 3 
  3.31  and 3a; plus 
  3.32     (2) limited English proficiency revenue under section 
  3.33  124D.65, subdivision 5; plus 
  3.34     (3) $190 times the limited English proficiency pupil units 
  3.35  under section 126C.05, subdivision 17. 
  3.36     <b>[EFFECTIVE DATE.]</b> This section is effective for revenue for 
  4.1   fiscal year 2004. 
  4.2      Sec. 6.  Minnesota Statutes 2002, section 126C.10, is 
  4.3   amended by adding a subdivision to read: 
  4.4      Subd. 18a.  [SMALL SCHOOL SUSTAINABILITY REVENUE.] (a) A 
  4.5   school district's small school sustainability revenue equals 
  4.6   one-half of its transportation sparsity revenue computed under 
  4.7   subdivision 18.  
  4.8      (b) Small school sustainability revenue must be reserved 
  4.9   and may only be used for: 
  4.10     (1) efforts related to attracting and retaining teachers of 
  4.11  quality; 
  4.12     (2) technology improvements, including Internet access, 
  4.13  hardware and software improvements, and interactive television 
  4.14  opportunities; 
  4.15     (3) deferred maintenance and facilities repair; 
  4.16     (4) curriculum enhancements; and 
  4.17     (5) collaborative activities with other school districts.  
  4.18     <b>[EFFECTIVE DATE.]</b> This section is effective for revenue for 
  4.19  fiscal year 2005.  
  4.20     Sec. 7.  Minnesota Statutes 2002, section 126C.457, is 
  4.21  amended to read: 
  4.22     126C.457 [CAREER AND TECHNICAL ~~LEVY~~ AID.] 
  4.23     ~~For taxes payable in 2003 only,~~ Career and technical aid 
  4.24  for a school district ~~may levy an amount equal to~~ equals the 
  4.25  greater of (1) $10,000, or (2) the district's fiscal year 2001 
  4.26  entitlement for career and technical aid under section 
  4.27  124D.453.  ~~The district must recognize the full amount of this~~ 
  4.28  ~~levy as revenue for the fiscal year in which it is certified.~~  
  4.29  Revenue received under this section must be reserved and used 
  4.30  only for career and technical programs.  
  4.31     <b>[EFFECTIVE DATE.]</b> This section is effective for revenue for 
  4.32  fiscal year 2004.  
  4.33     Sec. 8.  [APPROPRIATIONS.] 
  4.34     Subdivision 1.  [DEPARTMENT OF EDUCATION.] The sums 
  4.35  indicated in this section are appropriated from the general fund 
  4.36  to the department of education for the fiscal years designated.  
  5.1      Subd. 2.  [GENERAL EDUCATION AID.] For general education 
  5.2   aid under Minnesota Statutes, section 126C.13, subdivision 4: 
  5.3        $5,325,308,000 .....     2004
  5.4        $5,225,208,000 .....     2005
  5.5      The 2004 appropriation includes $857,432,000 for 2003 and 
  5.6   $4,351,435,000 for 2004. 
  5.7      The 2005 appropriation includes $889,209,000 for 2004 and 
  5.8   $4,444,999,000 for 2005.  
  5.9      Subd. 3.  [REFERENDUM TAX BASE REPLACEMENT AID.] For 
  5.10  referendum tax base replacement aid under Minnesota Statutes, 
  5.11  section 126C.17, subdivision 7a: 
  5.12       $8,082,000    .....     2004 
  5.13       $7,966,000    .....     2005 
  5.14     The 2004 appropriation includes $1,419,000 for 2003 and 
  5.15  $6,663,000 for 2004.  
  5.16     The 2005 appropriation includes $1,364,000 for 2004 and 
  5.17  $6,602,000 for 2005. 
  5.18     Subd. 4.  [ENROLLMENT OPTIONS TRANSPORTATION.] For 
  5.19  transportation of pupils attending postsecondary institutions 
  5.20  under Minnesota Statutes, section 124D.09, or for transportation 
  5.21  of pupils attending nonresident districts under Minnesota 
  5.22  Statutes, section 124D.03: 
  5.23       $50,000        .....     2004
  5.24       $55,000        .....     2005
  5.25     Subd. 5.  [ABATEMENT REVENUE.] For abatement aid under 
  5.26  Minnesota Statutes, section 127A.49:  
  5.27       $2,762,000     .....     2004 
  5.28       $2,945,000     .....     2005 
  5.29     The 2004 appropriation includes $472,000 for 2003 and 
  5.30  $2,290,000 for 2004.  
  5.31     The 2005 appropriation includes $469,000 for 2004 and 
  5.32  $2,476,000 for 2005.  
  5.33     Subd. 6.  [CONSOLIDATION TRANSITION.] For districts 
  5.34  consolidating under Minnesota Statutes, section 123A.485: 
  5.35       $213,000        .....     2004 
  5.36       $620,000        .....     2005 
  6.1      The 2004 appropriation includes $35,000 for 2003 and 
  6.2   $178,000 for 2004. 
  6.3      The 2005 appropriation includes $36,000 for 2004 and 
  6.4   $584,000 for 2005. 
  6.5      Subd. 7.  [TORNADO IMPACT; YELLOW MEDICINE EAST.] For a 
  6.6   grant to independent school district No. 2190, Yellow Medicine 
  6.7   East, for tornado impact declining enrollment aid: 
  6.8        $78,000         .....     2004
  6.9        $39,000         .....     2005
  6.10     Subd. 8.  [DECLINING PUPIL AID; ALBERT LEA.] For declining 
  6.11  pupil aid to independent school district No. 241, Albert Lea: 
  6.12       $225,000        .....     2004
  6.13       $150,000        .....     2005
  6.14     Subd. 9.  [DECLINING PUPIL AID; MESABI EAST.] For declining 
  6.15  pupil aid to independent school district No. 2711, Mesabi East: 
  6.16       $150,000        .....     2004
  6.17       $100,000        .....     2005
  6.18     Subd. 10.  [DECLINING PUPIL AID; ROSEAU.] For declining 
  6.19  pupil aid to independent school district No. 682, Roseau: 
  6.20       $30,000         .....     2004
  6.21       $20,000         .....     2005
  6.22     Subd. 11.  [NONPUBLIC PUPIL AID.] For nonpublic pupil 
  6.23  education aid under Minnesota Statutes, sections 123B.40 to 
  6.24  123B.43 and 123B.87: 
  6.25       $15,507,000    .....     2004 
  6.26       $15,709,000    .....     2005 
  6.27     The 2004 appropriation includes $2,715,000 for 2003 and 
  6.28  $12,358,000 for 2004. 
  6.29     The 2005 appropriation includes $2,530,000 for 2004 and 
  6.30  $13,090,000 for 2005. 
  6.31     Subd. 12.  [NONPUBLIC PUPIL TRANSPORTATION.] For nonpublic 
  6.32  pupil transportation aid under Minnesota Statutes, section 
  6.33  123B.92, subdivision 9: 
  6.34       $23,931,000     .....     2004 
  6.35       $22,355,000     .....     2005 
  6.36     The 2004 appropriation includes $3,990,000 for 2003 and 
  7.1   $19,941,000 for 2004. 
  7.2      The 2005 appropriation includes $3,715,000 for 2004 and 
  7.3   $18,640,000 for 2005. 
  7.4      Subd. 13.  [CAREER AND TECHNICAL AID.] For career and 
  7.5   technical aid: 
  7.6        $12,700,000     .....     2004 
  7.7        $12,700,000     .....     2005 
  7.8      Subd. 14.  [RICHFIELD AIRPORT IMPACT AID.] For Richfield 
  7.9   airport impact aid: 
  7.10       $1,180,000     .....     2004 
  7.11       $1,421,000     .....     2005 
  7.12                             ARTICLE 2
  7.13                        EDUCATION EXCELLENCE 
  7.14     Section 1.  [122A.67] [GRANT PROGRAM TO PROMOTE 
  7.15  PROFESSIONAL TEACHING STANDARDS.] 
  7.16     Subdivision 1.  [ESTABLISHMENT.] A grant program to promote 
  7.17  professional teaching standards through the national board for 
  7.18  professional teaching standards is established to provide 
  7.19  eligible teachers with the opportunity to receive national board 
  7.20  for professional teaching standards certification and to reward 
  7.21  teachers who have already received such certification. 
  7.22     Subd. 2.  [ELIGIBILITY.] An applicant for a grant must be a 
  7.23  licensed kindergarten through grade 12 school teacher employed 
  7.24  in a state school.  To be eligible for a grant, the teacher must 
  7.25  have been employed as a teacher for a minimum of five school 
  7.26  years and demonstrate either that the national board for 
  7.27  professional teaching standards has accepted the teacher as a 
  7.28  candidate for board certification or that the teacher already 
  7.29  has received board certification. 
  7.30     Subd. 3.  [APPLICATION PROCESS.] To obtain a grant to 
  7.31  participate in the national board for professional teaching 
  7.32  standards certification process or to receive a reward for 
  7.33  already completing the board certification process, a teacher 
  7.34  must submit an application to the commissioner of children, 
  7.35  families, and learning in the form and manner the commissioner 
  7.36  establishes.  The applicant must demonstrate either that the 
  8.1   national board for professional teaching standards has accepted 
  8.2   the teacher as a candidate for board certification or that the 
  8.3   teacher already has received board certification.  The 
  8.4   commissioner shall consult with the state board of teaching when 
  8.5   reviewing the applications. 
  8.6      Subd. 4.  [GRANT AWARDS; PROCEEDS.] (a) The commissioner 
  8.7   may award matching grants of $1,000 each for eligible teachers 
  8.8   who provide a matching amount through collaboration with either 
  8.9   a school district, professional organization, or both and are 
  8.10  accepted as candidates for national board for professional 
  8.11  teaching standards certification.  The grant award shall be paid 
  8.12  to the national board for professional teaching standards in the 
  8.13  teacher's name.  Within 24 months of receiving certification, a 
  8.14  grant recipient must satisfactorily complete the certification 
  8.15  process or repay the state the amount of the grant, except if 
  8.16  the commissioner determines that death or disability prevents 
  8.17  the grant recipient from providing the one year of teaching 
  8.18  service. 
  8.19     (b) The commissioner may award grants to eligible teachers 
  8.20  who have earned national board for professional teaching 
  8.21  standards certification on or after November 1, 2001.  The 
  8.22  amount of each grant shall not exceed $2,500 and the 
  8.23  commissioner shall establish criteria to determine the actual 
  8.24  amount of each grant.  Grant recipients shall use the grant 
  8.25  proceeds for educational purposes, including purchasing 
  8.26  instructional materials, equipment, or supplies and realizing 
  8.27  professional development opportunities.  
  8.28     Subd. 5.  [REGIONAL COORDINATORS.] The state shall provide 
  8.29  the equivalent of four full-time regional coordinators with two 
  8.30  located in the seven-county metropolitan area and two located in 
  8.31  greater Minnesota.  $25,000 per year, for the first two years 
  8.32  only, shall be provided to cover expenses of the regional 
  8.33  coordinators including, but not limited to, travel, meetings, 
  8.34  web page maintenance, and cost related to supporting candidate's 
  8.35  expenses.  After the first two years, individual school 
  8.36  districts must negotiate with the exclusive representative of 
  9.1   the teachers in the district for coordinator positions. 
  9.2      Sec. 2.  Minnesota Statutes 2002, section 124D.081, 
  9.3   subdivision 3, is amended to read: 
  9.4      Subd. 3.  [QUALIFYING SCHOOL SITE.] (a) The commissioner 
  9.5   shall rank all school sites with kindergarten programs that do 
  9.6   not exclusively serve students under sections 125A.03 to 
  9.7   125A.24, and 125A.65.  The ranking must be from highest to 
  9.8   lowest based on the site's free and reduced lunch count as a 
  9.9   percent of the fall enrollment using the preceding October 1 
  9.10  enrollment data.  Once a school site is calculated to be 
  9.11  eligible, it remains eligible for the duration of the ~~pilot~~ 
  9.12  program~~, unless the site's ranking falls below the state average~~ 
  9.13  ~~for elementary schools~~.  For each school site, the percentage 
  9.14  used to calculate the ranking must be the greater of (1) the 
  9.15  percent of the fall kindergarten enrollment receiving free and 
  9.16  reduced lunch, or (2) the percent of the total fall enrollment 
  9.17  receiving free and reduced lunch.  The list of ranked sites must 
  9.18  be separated into the following geographic areas:  Minneapolis 
  9.19  district, St. Paul district, suburban Twin Cities districts in 
  9.20  the seven-county metropolitan area, and school districts in 
  9.21  greater Minnesota. 
  9.22     (b) The commissioner shall establish a process and 
  9.23  timelines to qualify school sites for the next school year.  
  9.24  ~~School sites must be qualified in each geographic area from the~~ 
  9.25  ~~list of ranked sites until the estimated revenue available for~~ 
  9.26  ~~this program has been allocated.  The total estimated revenue~~ 
  9.27  ~~must be distributed to qualified school sites in each geographic~~ 
  9.28  ~~area as follows:  25 percent for Minneapolis sites, 25 percent~~ 
  9.29  ~~for St. Paul sites, 25 percent for suburban Twin Cities sites,~~ 
  9.30  ~~and 25 percent for greater Minnesota.~~ 
  9.31     (c) School sites qualify according to the following 
  9.32  schedule: 
  9.33     (1) for fiscal year 2005, all school sites located in 
  9.34  Minneapolis, St. Paul, and greater Minnesota with more than 50 
  9.35  percent of their enrollment eligible for free and reduced-price 
  9.36  lunch qualify for revenue and all suburban school sites located 
 10.1   in districts with administrative offices in the seven-county 
 10.2   metropolitan area with more than 25 percent of their enrollment 
 10.3   eligible for free and reduced-price lunch qualify for revenue; 
 10.4      (2) for fiscal year 2006, all school sites located in 
 10.5   Minneapolis, St. Paul, and greater Minnesota with more than 40 
 10.6   percent of their enrollment eligible for free and reduced-price 
 10.7   lunch qualify for revenue and all suburban school sites located 
 10.8   in districts with administrative offices in the seven-county 
 10.9   metropolitan area with more than 20 percent of their enrollment 
 10.10  eligible for free and reduced-price lunch qualify for revenue; 
 10.11     (3) for fiscal year 2007, all school sites located in 
 10.12  Minneapolis, St. Paul, and greater Minnesota with more than 30 
 10.13  percent of their enrollment eligible for free and reduced-price 
 10.14  lunch qualify for revenue and all suburban school sites located 
 10.15  in districts with administrative offices in the seven-county 
 10.16  metropolitan area with more than 15 percent of their enrollment 
 10.17  eligible for free and reduced-price lunch qualify for revenue; 
 10.18     (4) for fiscal year 2008, all school sites located in 
 10.19  Minneapolis, St. Paul, and greater Minnesota with more than 20 
 10.20  percent of their enrollment eligible for free and reduced-price 
 10.21  lunch qualify for revenue and all suburban school sites located 
 10.22  in districts with administrative offices in the seven-county 
 10.23  metropolitan area with more than ten percent of their enrollment 
 10.24  eligible for free and reduced-price lunch qualify for revenue; 
 10.25     (5) for fiscal year 2009, all school sites located in 
 10.26  Minneapolis, St. Paul, and greater Minnesota with more than ten 
 10.27  percent of their enrollment eligible for free and reduced-price 
 10.28  lunch qualify for revenue and all suburban school sites located 
 10.29  in districts with administrative offices in the seven-county 
 10.30  metropolitan area with more than five percent of their 
 10.31  enrollment eligible for free and reduced-price lunch qualify for 
 10.32  revenue; and 
 10.33     (6) for fiscal years 2010, and later, all school sites 
 10.34  qualify for revenue. 
 10.35     <b>[EFFECTIVE DATE.]</b> This section is effective for revenue for 
 10.36  fiscal year 2005. 
 11.1      Sec. 3.  [APPROPRIATIONS.] 
 11.2      Subdivision 1.  [DEPARTMENT OF EDUCATION.] The sums 
 11.3   indicated in this section are appropriated from the general fund 
 11.4   to the department of education for the fiscal years designated. 
 11.5      Subd. 2.  [CHARTER SCHOOL BUILDING LEASE AID.] For building 
 11.6   lease aid under Minnesota Statutes, section 124D.11, subdivision 
 11.7   4: 
 11.8        $18,077,000    .....     2004 
 11.9        $22,080,000    .....     2005 
 11.10     The 2004 appropriation includes $2,524,000 for 2003 and 
 11.11  $15,553,000 for 2004. 
 11.12     The 2005 appropriation includes $3,185,000 for 2004 and 
 11.13  $18,895,000 for 2005.  
 11.14     Subd. 3.  [CHARTER SCHOOL START-UP AID.] For charter school 
 11.15  startup cost aid under Minnesota Statutes, section 124D.11: 
 11.16       $1,705,000       .....     2004 
 11.17       $2,281,000       .....     2005 
 11.18     The 2004 appropriation includes $220,000 for 2003 and 
 11.19  $1,485,000 for 2004.  
 11.20     The 2005 appropriation includes $303,000 for 2004 and 
 11.21  $1,978,000 for 2005. 
 11.22     Subd. 4.  [CHARTER SCHOOL INTEGRATION GRANTS.] For grants 
 11.23  to charter schools to promote integration and desegregation 
 11.24  under Minnesota Statutes, section 124D.11, subdivision 6, 
 11.25  paragraph (e): 
 11.26       $50,000         .....     2004 
 11.27       $50,000         .....     2005 
 11.28     This appropriation includes $8,000 for 2003 and $42,000 for 
 11.29  2004. 
 11.30     This appropriation includes $8,000 for 2004 and $42,000 for 
 11.31  2005.  
 11.32     Subd. 5.  [INTEGRATION AID.] For integration aid under 
 11.33  Minnesota Statutes, section 124D.86, subdivision 5: 
 11.34       $61,603,000    .....     2004 
 11.35       $59,226,000    .....     2005 
 11.36     The 2004 appropriation includes $8,428,000 for 2003 and 
 12.1   $53,175,000 for 2004. 
 12.2      The 2005 appropriation includes $10,891,000 for 2004 and 
 12.3   $48,335,000 for 2005.  
 12.4      Subd. 6.  [INTEGRATION PROGRAMS.] For minority fellowship 
 12.5   grants under Laws 1994, chapter 647, article 8, section 29; 
 12.6   minority teacher incentives under Minnesota Statutes, section 
 12.7   122A.65; teachers of color program grants under Minnesota 
 12.8   Statutes, section 122A.64; and cultural exchange grants under 
 12.9   Minnesota Statutes, section 124D.89: 
 12.10       $1,000,000     .....     2004
 12.11       $1,000,000     .....     2005
 12.12     In awarding teachers of color program grants, the 
 12.13  commissioner must give priority to districts that have students 
 12.14  who are in the process of currently completing their academic 
 12.15  program. 
 12.16     Any balance in the first year does not cancel but is 
 12.17  available in the second year. 
 12.18     Subd. 7.  [MAGNET SCHOOL GRANTS.] For magnet school and 
 12.19  program grants: 
 12.20       $750,000       .....     2004 
 12.21       $750,000       .....     2005 
 12.22     These amounts may be used for magnet school programs under 
 12.23  Minnesota Statutes, section 124D.88. 
 12.24     Subd. 8.  [MAGNET SCHOOL START-UP AID.] For magnet school 
 12.25  startup aid under Minnesota Statutes, section 124D.88: 
 12.26       $ 37,000       .....     2004 
 12.27       $471,000       .....     2005 
 12.28     The 2004 appropriation includes $37,000 for 2003 and $0 for 
 12.29  2004.  
 12.30     The 2005 appropriation includes $0 for 2004 and $471,000 
 12.31  for 2005. 
 12.32     Subd. 9.  [INTERDISTRICT DESEGREGATION OR INTEGRATION 
 12.33  TRANSPORTATION GRANTS.] For interdistrict desegregation or 
 12.34  integration transportation grants under Minnesota Statutes, 
 12.35  section 124D.87: 
 12.36       $5,796,000     .....     2004 
 13.1        $8,401,000     .....     2005
 13.2      Subd. 10.  [SUCCESS FOR THE FUTURE.] For American Indian 
 13.3   success for the future grants under Minnesota Statutes, section 
 13.4   124D.81: 
 13.5        $2,137,000     .....     2004
 13.6        $2,137,000     .....     2005
 13.7      The 2004 appropriation includes $363,000 for 2003 and 
 13.8   $1,774,000 for 2004. 
 13.9      The 2005 appropriation includes $363,000 for 2004 and 
 13.10  $1,774,000 for 2005. 
 13.11     Subd. 11.  [AMERICAN INDIAN SCHOLARSHIPS.] For American 
 13.12  Indian scholarships under Minnesota Statutes, section 124D.84: 
 13.13       $1,875,000     .....     2004 
 13.14       $1,875,000     .....     2005 
 13.15     Subd. 12.  [AMERICAN INDIAN TEACHER PREPARATION 
 13.16  GRANTS.] For joint grants to assist American Indian people to 
 13.17  become teachers under Minnesota Statutes, section 122A.63: 
 13.18       $190,000       .....     2004 
 13.19       $190,000       .....     2005 
 13.20     Subd. 13.  [TRIBAL CONTRACT SCHOOLS.] For tribal contract 
 13.21  school aid under Minnesota Statutes, section 124D.83: 
 13.22       $2,204,000     .....     2004
 13.23       $2,337,000     .....     2005
 13.24     The 2004 appropriation includes $285,000 for 2003 and 
 13.25  $1,919,000 for 2004. 
 13.26     The 2005 appropriation includes $393,000 for 2004 and 
 13.27  $1,944,000 for 2005. 
 13.28     Subd. 14.  [EARLY CHILDHOOD PROGRAMS AT TRIBAL 
 13.29  SCHOOLS.] For early childhood family education programs at 
 13.30  tribal contract schools under Minnesota Statutes, section 
 13.31  124D.83, subdivision 4: 
 13.32       $68,000        .....     2004 
 13.33       $68,000        .....     2005 
 13.34     Subd. 15.  [STATEWIDE TESTING SUPPORT.] For supporting 
 13.35  implementation of the graduation standards: 
 13.36       $6,500,000     .....     2004 
 14.1        $6,500,000     .....     2005 
 14.2      Subd. 16.  [SEVENTH GRADE TESTING.] For seventh grade 
 14.3   testing under Minnesota Statutes, section 120B.30:  
 14.4        $2,500,000     .....     2004
 14.5        $2,500,000     .....     2005
 14.6      Subd. 17.  [BEST PRACTICES SEMINARS.] For best practices 
 14.7   seminars and other professional development capacity building 
 14.8   activities that assure proficiency in teaching and 
 14.9   implementation of graduation rule standards: 
 14.10       $2,180,000     .....     2004
 14.11       $2,180,000     .....     2005
 14.12     $250,000 per year is for a grant to A Chance to Grow/New 
 14.13  Visions for the Minnesota learning resource center's 
 14.14  comprehensive training program for education professionals 
 14.15  charged with helping children acquire basic reading and math 
 14.16  skills.  
 14.17     Subd. 18.  [SCHOOL PERFORMANCE EVALUATION.] For evaluating 
 14.18  school performance under Laws 2001, First Special Session 
 14.19  chapter 6, article 2, section 64:  
 14.20       $1,500,000     .....     2004
 14.21     This appropriation is available until June 30, 2005.  This 
 14.22  is a onetime appropriation.  
 14.23     Subd. 19.  [ALTERNATIVE TEACHER COMPENSATION.] For 
 14.24  alternative teacher compensation established under Minnesota 
 14.25  Statutes, sections 122A.413 to 122A.415: 
 14.26       $3,700,000     .....     2004
 14.27       $3,700,000     .....     2005
 14.28     If the appropriations under this subdivision are 
 14.29  insufficient to fund all program participants, a participant may 
 14.30  receive less than the maximum per pupil amount available under 
 14.31  Minnesota Statutes, section 122A.415, subdivision 1. 
 14.32     Subd. 20.  [EXAMINATION FEES; TEACHER TRAINING AND SUPPORT 
 14.33  PROGRAMS.] (a) For students' advanced placement and 
 14.34  international baccalaureate examination fees under Minnesota 
 14.35  Statutes, section 120B.13, subdivision 3, and the training and 
 14.36  related costs for teachers and other interested educators under 
 15.1   Minnesota Statutes, section 120B.13, subdivision 1: 
 15.2        $1,000,000     .....     2004 
 15.3        $1,000,000     .....     2005   
 15.4      (b) The advanced placement program shall receive 75 percent 
 15.5   of the appropriation each year and the international 
 15.6   baccalaureate program shall receive 25 percent of the 
 15.7   appropriation each year.  The department, in consultation with 
 15.8   representatives of the advanced placement and international 
 15.9   baccalaureate programs selected by the advanced placement 
 15.10  advisory council and IBMN, respectively, shall determine the 
 15.11  amounts of the expenditures each year for examination fees and 
 15.12  training and support programs for each program. 
 15.13     (c) Notwithstanding Minnesota Statutes, section 120B.13, 
 15.14  subdivision 1, $375,000 each year is for teachers to attend 
 15.15  subject matter summer training programs and follow-up support 
 15.16  workshops approved by the advanced placement or international 
 15.17  baccalaureate programs.  The amount of the subsidy for each 
 15.18  teacher attending an advanced placement or international 
 15.19  baccalaureate summer training program or workshop shall be the 
 15.20  same.  The commissioner shall determine the payment process and 
 15.21  the amount of the subsidy. 
 15.22     (d) The commissioner shall pay all examination fees for all 
 15.23  students of low-income families under Minnesota Statutes, 
 15.24  section 120B.13, subdivision 3, and to the extent of available 
 15.25  appropriations shall also pay examination fees for students 
 15.26  sitting for an advanced placement examination, international 
 15.27  baccalaureate examination, or both.  
 15.28     Any balance in the first year does not cancel but is 
 15.29  available in the second year. 
 15.30     Subd. 21.  [FIRST GRADE PREPAREDNESS.] For first grade 
 15.31  preparedness grants under Minnesota Statutes, section 124D.081: 
 15.32       $7,250,000     .....     2004 
 15.33       $57,250,000    .....     2005
 15.34     Subd. 22.  [YOUTH WORKS PROGRAM.] For funding youth works 
 15.35  programs under Minnesota Statutes, sections 124D.37 to 124D.45: 
 15.36       $1,788,000     .....     2004 
 16.1        $1,788,000     .....     2005 
 16.2      Subd. 23.  [STUDENT ORGANIZATIONS.] For student 
 16.3   organizations: 
 16.4        $625,000       .....     2004
 16.5        $625,000       .....     2005
 16.6      Subd. 24.  [READING COMPETENCY.] For reading competency 
 16.7   grants under Minnesota Statutes, section 120B.12: 
 16.8          $100,000     .....     2004 
 16.9          $100,000     .....     2005 
 16.10     The commissioner must award one grant to the St. Croix 
 16.11  river education district by July 1, 2001. 
 16.12     Subd. 25.  [NATIONAL BOARD OF PROFESSIONAL TEACHING 
 16.13  STANDARDS.] For grants to promote and reward high professional 
 16.14  teaching standards: 
 16.15       $612,500       .....     2004
 16.16       $612,500       .....     2005
 16.17     Of these amounts, $300,000 each year is for grants to 
 16.18  teachers applying for national board for professional teaching 
 16.19  standards certification, and $312,500 each year is for resource 
 16.20  grants. 
 16.21                             ARTICLE 3
 16.22                          SPECIAL PROGRAMS
 16.23     Section 1.  [APPROPRIATIONS.] 
 16.24     Subdivision 1.  [DEPARTMENT OF EDUCATION.] The sums 
 16.25  indicated in this section are appropriated from the general fund 
 16.26  to the department of education for the fiscal years designated. 
 16.27     Subd. 2.  [SPECIAL EDUCATION; REGULAR.] For special 
 16.28  education aid under Minnesota Statutes, section 125A.75: 
 16.29       $551,270,000   .....     2004 
 16.30       $574,901,000   .....     2005 
 16.31     The 2004 appropriation includes $90,577,000 for 2003 and 
 16.32  $460,693,000 for 2004. 
 16.33     The 2005 appropriation includes $94,358,000 for 2004 and 
 16.34  $480,543,000 for 2005. 
 16.35     Subd. 3.  [AID FOR CHILDREN WITH DISABILITIES.] For aid 
 16.36  under Minnesota Statutes, section 125A.75, subdivision 3, for 
 17.1   children with disabilities placed in residential facilities 
 17.2   within the district boundaries for whom no district of residence 
 17.3   can be determined: 
 17.4        $2,177,000     .....     2004 
 17.5        $2,244,000     .....     2005 
 17.6      If the appropriation for either year is insufficient, the 
 17.7   appropriation for the other year is available.  
 17.8      Subd. 4.  [TRAVEL FOR HOME-BASED SERVICES.] For aid for 
 17.9   teacher travel for home-based services under Minnesota Statutes, 
 17.10  section 125A.75, subdivision 1: 
 17.11       $227,000       .....     2004 
 17.12       $262,000       .....     2005 
 17.13     The 2004 appropriation includes $34,000 for 2003 and 
 17.14  $193,000 for 2004. 
 17.15     The 2005 appropriation includes $39,000 for 2004 and 
 17.16  $223,000 for 2005. 
 17.17     Subd. 5.  [SPECIAL EDUCATION; EXCESS COSTS.] For excess 
 17.18  cost aid under Minnesota Statutes, section 125A.79, subdivision 
 17.19  7: 
 17.20       $94,512,000    .....     2004 
 17.21       $94,861,000    .....     2005 
 17.22     The 2004 appropriation includes $41,754,000 for 2003 and 
 17.23  $52,758,000 for 2004. 
 17.24     The 2005 appropriation includes $41,151,000 for 2004 and 
 17.25  $53,710,000 for 2005.  
 17.26     Subd. 6.  [LITIGATION COSTS FOR SPECIAL EDUCATION.] For 
 17.27  paying the costs a district incurs under Minnesota Statutes, 
 17.28  section 125A.75, subdivision 8: 
 17.29       $346,000       .....     2004 
 17.30       $356,000       .....     2005 
 17.31     Subd. 7.  [TRANSITION FOR DISABLED STUDENTS.] For aid for 
 17.32  transition programs for children with disabilities under 
 17.33  Minnesota Statutes, section 124D.454: 
 17.34       $8,892,000     .....     2004 
 17.35       $8,866,000     .....     2005 
 17.36     The 2004 appropriation includes $1,516,000 for 2003 and 
 18.1   $7,376,000 for 2004.  
 18.2      The 2005 appropriation includes $1,510,000 for 2004 and 
 18.3   $7,356,000 for 2005.  
 18.4      Subd. 8.  [COURT-PLACED SPECIAL EDUCATION REVENUE.] For 
 18.5   reimbursing serving school districts for unreimbursed eligible 
 18.6   expenditures attributable to children placed in the serving 
 18.7   school district by court action under Minnesota Statutes, 
 18.8   section 125A.79, subdivision 4: 
 18.9        $152,000       .....     2004 
 18.10       $160,000       .....     2005 
 18.11     Subd. 9.  [OUT-OF-STATE TUITION SPECIAL EDUCATION.] For 
 18.12  special education out-of-state tuition according to Minnesota 
 18.13  Statutes, section 125A.79, subdivision 8: 
 18.14       $250,000       .....     2004 
 18.15       $250,000       .....     2005 
 18.16                             ARTICLE 4
 18.17                     FACILITIES AND TECHNOLOGY
 18.18     Section 1.  [APPROPRIATIONS.] 
 18.19     Subdivision 1.  [DEPARTMENT OF EDUCATION.] The sums 
 18.20  indicated in this section are appropriated from the general fund 
 18.21  to the department of education for the fiscal years designated.  
 18.22     Subd. 2.  [HEALTH AND SAFETY REVENUE.] For health and 
 18.23  safety aid according to Minnesota Statutes, section 123B.57, 
 18.24  subdivision 5: 
 18.25       $8,076,000     .....     2004 
 18.26       $7,378,000     .....     2005 
 18.27     The 2004 appropriation includes $1,516,000 for 2003 and 
 18.28  $6,560,000 for 2004. 
 18.29     The 2005 appropriation includes $1,343,000 for 2004 and 
 18.30  $6,035,000 for 2005. 
 18.31     Subd. 3.  [DEBT SERVICE EQUALIZATION.] For debt service aid 
 18.32  according to Minnesota Statutes, section 123B.53, subdivision 6: 
 18.33       $36,725,000    .....     2004 
 18.34       $38,393,000    .....     2005 
 18.35     The 2004 appropriation includes $5,586,000 for 2003 and 
 18.36  $31,139,000 for 2004. 
 19.1      The 2005 appropriation includes $6,144,000 for 2004 and 
 19.2   $32,249,000 for 2005. 
 19.3      Subd. 4.  [ALTERNATIVE FACILITIES BONDING AID.] For 
 19.4   alternative facilities bonding aid, according to Minnesota 
 19.5   Statutes, section 123B.59, subdivision 1: 
 19.6        $19,287,000    .....     2004 
 19.7        $19,287,000    .....     2005 
 19.8      The 2004 appropriation includes $3,278,000 for 2003 and 
 19.9   $16,009,000 for 2004. 
 19.10     The 2005 appropriation includes $3,278,000 for 2004 and 
 19.11  $16,009,000 for 2005. 
 19.12                             ARTICLE 5
 19.13                             NUTRITION
 19.14     Section 1.  [APPROPRIATIONS.] 
 19.15     Subdivision 1.  [DEPARTMENT OF EDUCATION.] The sums 
 19.16  indicated in this section are appropriated from the general fund 
 19.17  to the department of education for the fiscal years designated. 
 19.18     Subd. 2.  [SCHOOL LUNCH.] (a) For school lunch aid 
 19.19  according to Minnesota Statutes, section 124D.111, and Code of 
 19.20  Federal Regulations, title 7, section 210.17:  
 19.21       $8,600,000     .....     2004 
 19.22       $8,750,000     .....     2005 
 19.23     Subd. 3.  [TRADITIONAL SCHOOL BREAKFAST; KINDERGARTEN 
 19.24  MILK.] For traditional school breakfast aid and kindergarten 
 19.25  milk under Minnesota Statutes, sections 124D.1158 and 124D.118: 
 19.26       $820,000     .....     2004 
 19.27       $870,000     .....     2005 
 19.28     Subd. 4.  [FAST BREAK TO LEARNING BREAKFAST.] For fast 
 19.29  break to learning breakfast under Minnesota Statutes, section 
 19.30  124D.1156: 
 19.31       $4,805,000     .....     2004 
 19.32       $5,342,000     .....     2005 
 19.33     The 2004 appropriation includes $747,000 for 2003 and 
 19.34  $4,058,000 for 2004. 
 19.35     The 2005 appropriation includes $830,000 for 2004 and 
 19.36  $4,512,000 for 2005.  
 20.1      Subd. 5.  [SUMMER SCHOOL SERVICE REPLACEMENT AID.] For 
 20.2   summer food service replacement aid under Minnesota Statutes, 
 20.3   section 124D.119: 
 20.4        $150,000       .....     2004 
 20.5        $150,000       .....     2005 
 20.6                              ARTICLE 6 
 20.7                              LIBRARIES 
 20.8      Section 1.  [APPROPRIATIONS.] 
 20.9      Subdivision 1.  [DEPARTMENT OF EDUCATION.] The sums 
 20.10  indicated in this section are appropriated from the general fund 
 20.11  to the department of education for the fiscal years designated.  
 20.12     Subd. 2.  [BASIC SUPPORT.] For basic support grants 
 20.13  according to Minnesota Statutes, sections 134.32 to 134.35: 
 20.14       $9,649,000     .....     2004 
 20.15       $9,870,000     .....     2005 
 20.16     The 2004 appropriation includes $1,456,000 for 2003 and 
 20.17  $8,193,000 for 2004. 
 20.18     The 2005 appropriation includes $1,677,000 for 2004 and 
 20.19  $8,193,000 for 2005. 
 20.20     Subd. 3.  [MULTICOUNTY, MULTITYPE LIBRARY SYSTEMS.] For 
 20.21  grants according to Minnesota Statutes, sections 134.353 and 
 20.22  134.354, to multicounty, multitype library systems: 
 20.23       $903,000       .....     2004 
 20.24       $903,000       .....     2005 
 20.25     The 2004 appropriation includes $153,000 for 2003 and 
 20.26  $750,000 for 2004. 
 20.27     The 2005 appropriation includes $153,000 for 2004 and 
 20.28  $750,000 for 2005.  
 20.29                             ARTICLE 7
 20.30                   EARLY CHILDHOOD FAMILY SUPPORT
 20.31     Section 1.  Minnesota Statutes 2002, section 124D.135, 
 20.32  subdivision 1, is amended to read: 
 20.33     Subdivision 1.  [REVENUE.] The revenue for early childhood 
 20.34  family education programs for a school district equals ~~$113.50~~ 
 20.35  ~~for fiscal years 2000 and 2001 and~~ $120 for fiscal year 2002 and 
 20.36  ~~later fiscal years~~ $123 for fiscal year 2004 and later, times 
 21.1   the greater of: 
 21.2      (1) 150; or 
 21.3      (2) the number of people under five years of age residing 
 21.4   in the district on October 1 of the previous school year. 
 21.5      Sec. 2.  [APPROPRIATIONS.] 
 21.6      Subdivision 1.  [DEPARTMENT OF EDUCATION.] The sums 
 21.7   indicated in this section are appropriated from the general fund 
 21.8   to the department of education for the fiscal years designated.  
 21.9      Subd. 2.  [SCHOOL READINESS.] For revenue for school 
 21.10  readiness programs under Minnesota Statutes, sections 124D.15 
 21.11  and 124D.16: 
 21.12       $10,395,000    .....     2004
 21.13       $10,395,000    .....     2005
 21.14     The 2004 appropriation includes $1,767,000 for 2003 and 
 21.15  $8,628,000 for 2004. 
 21.16     The 2005 appropriation includes $1,767,000 for 2004 and 
 21.17  $8,628,000 for 2005.  
 21.18     Subd. 3.  [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early 
 21.19  childhood family education aid under Minnesota Statutes, section 
 21.20  124D.135: 
 21.21       $21,615,000    .....     2004 
 21.22       $22,618,000    .....     2005 
 21.23     The 2004 appropriation includes $3,239,000 for 2003 and 
 21.24  $18,376,000 for 2004.  
 21.25     The 2005 appropriation includes $3,763,000 for 2004 and 
 21.26  $18,855,000 for 2005.  
 21.27     Subd. 4.  [HEALTH AND DEVELOPMENTAL SCREENING AID.] For 
 21.28  health and developmental screening aid under Minnesota Statutes, 
 21.29  sections 121A.17 and 121A.19: 
 21.30       $2,661,000     .....     2004 
 21.31       $2,661,000     .....     2005 
 21.32     The 2004 appropriation includes $452,000 for 2003 and 
 21.33  $2,209,000 for 2004.  
 21.34     The 2005 appropriation includes $452,000 for 2004 and 
 21.35  $2,209,000 for 2005.  
 21.36     Subd. 5.  [HEAD START PROGRAM.] For Head Start programs 
 22.1   under Minnesota Statutes, section 119A.52: 
 22.2        $19,375,000    .....     2004
 22.3        $19,375,000    .....     2005
 22.4      Subd. 6.  [WAY TO GROW.] For grants for existing way to 
 22.5   grow programs according to Minnesota Statutes, section 124D.17:  
 22.6        $475,000       .....     2004
 22.7        $475,000       .....     2005
 22.8      Any balance in the first year does not cancel but is 
 22.9   available in the second year. 
 22.10                             ARTICLE 8
 22.11                             PREVENTION
 22.12     Section 1.  [APPROPRIATIONS.] 
 22.13     Subdivision 1.  [DEPARTMENT OF EDUCATION.] The sums 
 22.14  indicated in this section are appropriated from the general fund 
 22.15  to the department of education for the fiscal years designated. 
 22.16     Subd. 2.  [COMMUNITY EDUCATION AID.] For community 
 22.17  education aid under Minnesota Statutes, section 124D.20: 
 22.18       $6,149,000     .....     2004 
 22.19       $4,520,000     .....     2005 
 22.20     The 2004 appropriation includes $1,326,000 for 2003 and 
 22.21  $4,823,000 for 2004.  
 22.22     The 2005 appropriation includes $987,000 for 2004 and 
 22.23  $3,533,000 for 2005.  
 22.24     Subd. 3.  [ADULTS WITH DISABILITIES PROGRAM AID.] For 
 22.25  adults with disabilities programs under Minnesota Statutes, 
 22.26  section 124D.56: 
 22.27       $710,000       .....     2004 
 22.28       $710,000       .....     2005 
 22.29     The 2004 appropriation includes $120,000 for 2003 and 
 22.30  $590,000 for 2004.  
 22.31     The 2005 appropriation includes $120,000 for 2004 and 
 22.32  $590,000 for 2005. 
 22.33     Subd. 4.  [HEARING-IMPAIRED ADULTS.] For programs for 
 22.34  hearing-impaired adults under Minnesota Statutes, section 
 22.35  124D.57: 
 22.36       $70,000        .....     2004
 23.1        $70,000        .....     2005
 23.2      Subd. 5.  [ABUSED CHILDREN.] For abused children programs 
 23.3   under Minnesota Statutes, section 119A.21: 
 23.4        $945,000       .....     2004 
 23.5        $945,000       .....     2005 
 23.6      Subd. 6.  [SCHOOL-AGE CARE REVENUE.] For extended day care 
 23.7   aid under Minnesota Statutes, section 124D.22: 
 23.8        $42,000        .....     2004 
 23.9        $22,000        .....     2005
 23.10     The 2004 appropriation includes $14,000 for 2003 and 
 23.11  $28,000 for 2004. 
 23.12     The 2005 appropriation includes $5,000 for 2004 and $17,000 
 23.13  for 2005. 
 23.14     Subd. 7.  [VIOLENCE PREVENTION EDUCATION GRANTS.] For 
 23.15  violence prevention education grants according to Minnesota 
 23.16  Statutes, section 120B.23: 
 23.17       $1,305,000     .....     2004
 23.18       $1,450,000     .....     2005
 23.19     The 2004 appropriation includes $0 for 2003 and $1,305,000 
 23.20  for 2004. 
 23.21     The 2005 appropriation includes $145,000 for 2004 and 
 23.22  $1,305,000 for 2005. 
 23.23     Any balance in the first year does not cancel but is 
 23.24  available in the second year. 
 23.25     Subd. 8.  [CHILDREN'S TRUST FUND.] For children's trust 
 23.26  fund according to Minnesota Statutes, sections 119A.12 and 
 23.27  119A.13: 
 23.28       $875,000       .....     2004
 23.29       $875,000       .....     2005
 23.30     Any balance in the first year does not cancel but is 
 23.31  available in the second year. 
 23.32     Subd. 9.  [FAMILY VISITATION CENTERS.] (a) For family 
 23.33  visitation centers according to Minnesota Statutes, section 
 23.34  119A.37: 
 23.35       $200,000       .....     2004
 23.36       $200,000       .....     2005
 24.1      Any balance in the first year does not cancel but is 
 24.2   available in the second year. 
 24.3      (b) An additional $96,000 in fiscal year 2004 and $96,000 
 24.4   in fiscal year 2005 are appropriated from the special revenue 
 24.5   fund under Minnesota Statutes, section 517.08, subdivision 1c, 
 24.6   for family visitation centers.  Any balance in the first year 
 24.7   does not cancel but is available for the second year. 
 24.8      Subd. 10.  [AFTER-SCHOOL ENRICHMENT GRANTS.] For 
 24.9   after-school enrichment grants according to Minnesota Statutes, 
 24.10  section 124D.221:  
 24.11       $5,510,000     .....     2004
 24.12       $5,510,000     .....     2005
 24.13     Any balance in the first year does not cancel but is 
 24.14  available in the second year. 
 24.15                             ARTICLE 9
 24.16              SELF-SUFFICIENCY AND LIFE-LONG LEARNING
 24.17     Section 1.  [APPROPRIATIONS.] 
 24.18     Subdivision 1.  [DEPARTMENT OF EDUCATION.] The sums 
 24.19  indicated in this section are appropriated from the general fund 
 24.20  to the department of education for the fiscal years designated. 
 24.21     Subd. 2.  [ADULT BASIC EDUCATION AID.] For adult basic 
 24.22  education aid under Minnesota Statutes, section 124D.52, in 
 24.23  fiscal year 2004 and Minnesota Statutes, section 124D.531, in 
 24.24  fiscal year 2005:  
 24.25       $37,301,000    .....     2004 
 24.26       $40,362,000    .....     2005 
 24.27     The 2004 appropriation includes $5,905,000 for 2003 and 
 24.28  $31,396,000 for 2004.  
 24.29     The 2005 appropriation includes $6,430,000 for 2004 and 
 24.30  $33,932,000 for 2005.  
 24.31     Subd. 3.  [ADULT GRADUATION AID.] For adult graduation aid 
 24.32  under Minnesota Statutes, section 124D.54:  
 24.33       $2,528,000       .....     2004
 24.34       $2,781,000       .....     2005
 24.35     Subd. 4.  [GED TESTS.] For payment of 60 percent of the 
 24.36  costs of GED tests under Laws 1993, chapter 224, article 4, 
 25.1   section 44, subdivision 10: 
 25.2        $125,000       .....     2004
 25.3        $125,000       .....     2005
 25.4      Subd. 5.  [FAMILY ASSETS FOR INDEPENDENCE.] For family 
 25.5   assets for independence: 
 25.6        $500,000       .....     2004
 25.7      Any balance in the first year does not cancel but is 
 25.8   available in the second year. 
 25.9      Subd. 6.  [ADULT BASIC EDUCATION AUDITS; STATE DIRECTOR.] 
 25.10  For adult basic education audits under Minnesota Statutes, 
 25.11  section 124D.531, and for a state adult basic education director:
 25.12       $275,000       .....     2004 
 25.13       $170,000       .....     2005 
 25.14     Any balance in the first year does not cancel but is 
 25.15  available in the second year. 
 25.16                             ARTICLE 10
 25.17                           STATE AGENCIES
 25.18     Section 1.  [APPROPRIATIONS; DEPARTMENT OF EDUCATION.] 
 25.19     Subdivision 1.  [DEPARTMENT OF EDUCATION.] Unless otherwise 
 25.20  indicated, the sums indicated in this section are appropriated 
 25.21  from the general fund to the department of education for the 
 25.22  fiscal years designated. 
 25.23     Subd. 2.  [DEPARTMENT.] (a) For the department of education:
 25.24       $26,740,000    .....     2004 
 25.25       $26,740,000    .....     2005 
 25.26     Any balance in the first year does not cancel but is 
 25.27  available in the second year. 
 25.28     (b) $260,000 each year is for the Minnesota children's 
 25.29  museum. 
 25.30     (c) $41,000 each year is for the Minnesota academy of 
 25.31  science. 
 25.32     (d) $621,000 each year is for the board of teaching. 
 25.33     (e) $165,000 each year is for the board of school 
 25.34  administrators.  
 25.35     Subd. 3.  [FEDERAL GRANTS AND AIDS.] The expenditures of 
 25.36  federal grants and aids as shown in the biennial budget document 
 26.1   and its supplements are approved and appropriated and shall be 
 26.2   spent as indicated. 
 26.3      Sec. 2.  [APPROPRIATIONS; MINNESOTA STATE ACADEMIES.] 
 26.4      The sums indicated in this section are appropriated from 
 26.5   the general fund to the Minnesota state academies for the deaf 
 26.6   and the blind for the fiscal years designated:  
 26.7        $10,966,000    .....     2004 
 26.8        $10,966,000    .....     2005 
 26.9      Any balance in the first year does not cancel but is 
 26.10  available in the second year. 
 26.11     Sec. 3.  [APPROPRIATIONS; PERPICH CENTER FOR ARTS 
 26.12  EDUCATION.] 
 26.13     The sums indicated in this section are appropriated from 
 26.14  the general fund to the Perpich center for arts education for 
 26.15  the fiscal years designated: 
 26.16       $7,816,000     .....     2004 
 26.17       $7,816,000     .....     2005 
 26.18     Any balance in the first year does not cancel but is 
 26.19  available in the second year. 
 26.20                             ARTICLE 11
 26.21                            DEFICIENCIES
 26.22  Section 1.  [DEPARTMENT OF EDUCATION.] 
 26.23     The dollar amounts shown are added to or, if shown in 
 26.24  parentheses, are subtracted from the appropriations in Laws 
 26.25  2001, First Special Session chapter 6, as amended by Laws 2002, 
 26.26  chapter 220, and Laws 2002, chapter 374, or other law, and are 
 26.27  appropriated from the general fund to the department of 
 26.28  education for the purposes specified in this article, to be 
 26.29  available for the fiscal year indicated for each purpose.  The 
 26.30  figure "2003" used in this article means that the appropriation 
 26.31  or appropriations listed are available for the fiscal year 
 26.32  ending June 30, 2003. 
 26.33                                                         2003 
 26.34  APPROPRIATION ADJUSTMENTS                         $  10,869,000 
 26.35                                             APPROPRIATION CHANGE
 26.36  Sec. 2.  APPROPRIATIONS; DEPARTMENT OF 
 27.1   EDUCATION 
 27.2   Subdivision 1.  Community Education Aid                 219,000 
 27.3   Subd. 2.  General and Supplemental 
 27.4   Education Aid                                         8,791,000 
 27.5   This change includes ($7,420,000) for 
 27.6   2002 and $16,211,000 for 2003. 
 27.7   Subd. 3.  Nonpublic Pupil Aid                           437,000 
 27.8   Subd. 4.  Consolidation Transition Aid                    5,000 
 27.9   Subd. 5.  Interdistrict Desegregation 
 27.10  or Integration Transportation Grants                    169,000 
 27.11  Subd. 6.  Travel for Home-Based 
 27.12  Services                                                 48,000  
 27.13  Subd. 7.  Debt Service Aid                               19,000 
 27.14  Subd. 8.  School Breakfast                              100,000 
 27.15  Subd. 9.  Fast Break to Learning                      1,081,000 
 27.16     Sec. 3.  [EFFECTIVE DATE.] 
 27.17     Sections 1 and 2 are effective the day following final 
 27.18  enactment.  
 27.19                             ARTICLE 12 
 27.20                    EDUCATION POLICY INITIATIVES 
 27.21     Section 1.  Minnesota Statutes 2002, section 15.01, is 
 27.22  amended to read: 
 27.23     15.01 [DEPARTMENTS OF THE STATE.] 
 27.24     The following agencies are designated as the departments of 
 27.25  the state government:  the department of administration; the 
 27.26  department of agriculture; the department of commerce; the 
 27.27  department of corrections; the department of ~~children, families,~~ 
 27.28  ~~and learning~~ education; the department of economic security; the 
 27.29  department of trade and economic development; the department of 
 27.30  finance; the department of health; the department of human 
 27.31  rights; the department of labor and industry; the department of 
 27.32  military affairs; the department of natural resources; the 
 27.33  department of employee relations; the department of public 
 27.34  safety; the department of human services; the department of 
 27.35  revenue; the department of transportation; the department of 
 27.36  veterans affairs; and their successor departments. 
 27.37     Sec. 2.  Minnesota Statutes 2002, section 62A.661, 
 27.38  subdivision 6, is amended to read: 
 28.1      Subd. 6.  [WORK SCHEDULE.] By June 1, 2003, the committee 
 28.2   must complete the collection and analysis of information under 
 28.3   subdivisions 3 and 4 and submit an interim written report to the 
 28.4   ~~legislature~~ chairs of the committees in the house and senate 
 28.5   having jurisdiction over kindergarten through grade 12 education 
 28.6   finance and the ranking minority members in each of those 
 28.7   committees.  By January 15, 2004, the committee must complete 
 28.8   its preparation of a plan design under subdivision 5 and submit 
 28.9   its final written report to the ~~legislature~~ chairs of the 
 28.10  committees in the house and senate having jurisdiction over 
 28.11  kindergarten through grade 12 education finance and the ranking 
 28.12  minority members in each of those committees, including a 
 28.13  detailed plan design.  If the final report recommends 
 28.14  legislation, the report must include a draft of the 
 28.15  legislation.  Both reports must be submitted in compliance with 
 28.16  sections 3.195, subdivision 1, and 3.197. 
 28.17     Sec. 3.  Minnesota Statutes 2002, section 119A.01, 
 28.18  subdivision 2, is amended to read: 
 28.19     Subd. 2.  [ESTABLISHMENT.] The department of ~~children,~~ 
 28.20  ~~families, and learning~~ education is established. 
 28.21     Sec. 4.  Minnesota Statutes 2002, section 119A.02, 
 28.22  subdivision 2, is amended to read: 
 28.23     Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
 28.24  commissioner of ~~children, families, and learning~~ education. 
 28.25     Sec. 5.  Minnesota Statutes 2002, section 119A.02, 
 28.26  subdivision 3, is amended to read: 
 28.27     Subd. 3.  [DEPARTMENT.] "Department" means the department 
 28.28  of ~~children, families, and learning~~ education. 
 28.29     Sec. 6.  Minnesota Statutes 2002, section 119B.011, 
 28.30  subdivision 8, is amended to read: 
 28.31     Subd. 8.  [COMMISSIONER.] "Commissioner" means the 
 28.32  commissioner of ~~children, families, and learning~~ education. 
 28.33     Sec. 7.  Minnesota Statutes 2002, section 119B.011, 
 28.34  subdivision 10, is amended to read: 
 28.35     Subd. 10.  [DEPARTMENT.] "Department" means the department 
 28.36  of ~~children, families, and learning~~ education. 
 29.1      Sec. 8.  Minnesota Statutes 2002, section 120A.02, is 
 29.2   amended to read: 
 29.3      120A.02 [DEPARTMENT OF ~~CHILDREN, FAMILIES, AND LEARNING~~ 
 29.4   EDUCATION.] 
 29.5      The department of ~~children, families, and learning~~ 
 29.6   education shall carry out the provisions of chapters 120A to 
 29.7   129C and other related education provisions under law. 
 29.8      Sec. 9.  Minnesota Statutes 2002, section 120A.05, 
 29.9   subdivision 4, is amended to read: 
 29.10     Subd. 4.  [COMMISSIONER.] "Commissioner" means the 
 29.11  commissioner of ~~children, families, and learning~~ education. 
 29.12     Sec. 10.  Minnesota Statutes 2002, section 120A.05, 
 29.13  subdivision 7, is amended to read: 
 29.14     Subd. 7.  [DEPARTMENT.] "Department" means the department 
 29.15  of ~~children, families, and learning~~ education. 
 29.16     Sec. 11.  Minnesota Statutes 2002, section 120A.41, is 
 29.17  amended to read: 
 29.18     120A.41 [LENGTH OF SCHOOL YEAR; DAYS OF INSTRUCTION.] 
 29.19     A school board's annual school calendar must include at 
 29.20  least ~~three additional days of student instruction or staff~~ 
 29.21  ~~development training related to implementing section 120B.031,~~ 
 29.22  ~~subdivision 1, paragraph (f), beyond~~ the number of days of 
 29.23  student instruction the board formally adopted as its school 
 29.24  calendar at the beginning of the 1996-1997 school year. 
 29.25     <b>[EFFECTIVE DATE.]</b> This section is effective for the 
 29.26  2003-2004 school year and later. 
 29.27     Sec. 12.  [120B.001] [REPEALING PROFILE OF LEARNING 
 29.28  STATUTES AND RULES.] 
 29.29     (a) Notwithstanding sections 120B.02, 120B.031, 120B.30, 
 29.30  120B.31, and 120B.35, or other law to the contrary, the 
 29.31  commissioner of children, families, and learning must not 
 29.32  implement the profile of learning portion of the state's 
 29.33  results-oriented graduation rule and all rules under Minnesota 
 29.34  Rules, chapter 3501, related to the profile of learning portion 
 29.35  of the state's results-oriented graduation rule described in 
 29.36  this chapter are repealed. 
 30.1      (b) School districts must provide all high school students 
 30.2   who entered the ninth grade in the 2004-2005 school year or 
 30.3   earlier the opportunity to earn a high school diploma under 
 30.4   locally established graduation requirements and 
 30.5   state-established basic skills requirements in effect when the 
 30.6   students entered ninth grade. 
 30.7      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 30.8   following final enactment and applies to the 2003-2004 school 
 30.9   year and later. 
 30.10     Sec. 13.  [120B.0011] [STATE STANDARDS FOR EDUCATIONAL 
 30.11  EXCELLENCE.] 
 30.12     (a) High educational standards determine educational 
 30.13  excellence and must guide curriculum and instruction.  Teachers 
 30.14  must expect students to achieve high educational standards and 
 30.15  students must understand the importance of reaching such 
 30.16  standards.  The state must hold all students to high standards 
 30.17  so as to educate its increasingly diverse citizenry and must 
 30.18  reject differential standards because they lead to inequalities 
 30.19  in educational opportunity.  High educational standards: 
 30.20     (1) are fundamental to the state's accountability system; 
 30.21     (2) state what students must know and be able to do; 
 30.22     (3) are rigorous but attainable; 
 30.23     (4) do not tell teachers how to teach; 
 30.24     (5) outline the framework of an academic program to which 
 30.25  local schools and districts add unique and specific content; and 
 30.26     (6) do not establish a statewide curriculum. 
 30.27     (b) Although high educational standards do not direct how 
 30.28  standards are taught or proficiency is demonstrated, students 
 30.29  must be able to apply their knowledge and skills in a variety of 
 30.30  settings and think critically.  The standards state the content 
 30.31  and skills that students need to pursue academic and career 
 30.32  goals, contribute as productive citizens, and lead fulfilling 
 30.33  lives.  The standards clarify the responsibilities of schools 
 30.34  and students, challenge schools and students to improve 
 30.35  educational performance, and foster educational equity 
 30.36  throughout the state. 
 31.1      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 31.2   following final enactment. 
 31.3      Sec. 14.  [120B.0012] [REQUIRED AND OPTIONAL STANDARDS AND 
 31.4   TIME LINE ESTABLISHED.] 
 31.5      (a) The commissioner, consistent with the requirements of 
 31.6   sections 120B.0011, 120B.0012, 120B.0013, and 120B.0014, must 
 31.7   adopt statewide rules under chapter 14 that establish a set of 
 31.8   required and optional educational standards.  The commissioner 
 31.9   must make available for public review a statement of the need 
 31.10  for and reasonableness of each rule, consistent with section 
 31.11  14.131.  After the rules authorized under this paragraph are 
 31.12  initially adopted, the commissioner may not amend or repeal 
 31.13  these rules nor adopt new rules on the same topic without 
 31.14  specific legislative authorization. 
 31.15     (b) At a minimum, English and mathematics standards, 
 31.16  consistent with section 120B.0013, clauses (1) and (2), must be 
 31.17  implemented for all students beginning in the 2004-2005 school 
 31.18  year.  Science standards, consistent with section 120B.0013, 
 31.19  clause (3), must be implemented for all students beginning in 
 31.20  the 2005-2006 school year.  Social studies and arts and 
 31.21  literature standards, consistent with section 120B.0013, clauses 
 31.22  (4) and (5), must be implemented for all students beginning in 
 31.23  the 2006-2007 school year. 
 31.24     (c) The required standards apply to all public school 
 31.25  students, except the very few students with extreme cognitive or 
 31.26  physical impairments for whom an individualized education plan 
 31.27  team has determined that the required standards are 
 31.28  inappropriate.  An individualized education plan team that makes 
 31.29  this determination must establish alternative standards. 
 31.30     (d) Optional standards under section 120B.0013 represent 
 31.31  what intermediate and secondary school students making elective 
 31.32  choices are expected to know and be able to do. 
 31.33     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 31.34  following final enactment. 
 31.35     Sec. 15.  [120B.0013] [REQUIRED AND OPTIONAL STANDARDS.] 
 31.36     (a) Minnesota's high educational standards encompass the 
 32.1   following five learning areas: 
 32.2      (1) English, which is composed of reading English that 
 32.3   includes, among other topics, comprehension of materials such as 
 32.4   graphs and charts, and writing English that includes, among 
 32.5   other topics, public speaking, and incorporates the standards 
 32.6   for English language arts developed by the national council of 
 32.7   teachers of English and the international reading association; 
 32.8      (2) mathematics, which emphasizes applied problem solving 
 32.9   but includes, among other topics, estimation, calculation and 
 32.10  calculator use, and incorporates the principles and standards of 
 32.11  the national council of teachers of mathematics; 
 32.12     (3) science, which includes environmental, physical, and 
 32.13  life sciences, and incorporates the national science education 
 32.14  standards; 
 32.15     (4) social studies, which includes history, geography, 
 32.16  government and civics, economics and world cultures, and 
 32.17  incorporates the standards developed by the national council for 
 32.18  social studies, the national center for history in the schools, 
 32.19  the national council on economic education, the national council 
 32.20  for geographic education and the center for civic education; and 
 32.21     (5) arts and literature, which includes, among other 
 32.22  topics, music, graphic arts, and drama, and incorporates the 
 32.23  standards of the music educators national conference and the 
 32.24  national art education association. 
 32.25     (b) For purposes of aligning state standards and 
 32.26  assessments and complying with applicable federal law, at least 
 32.27  the English, mathematics, and science standards established 
 32.28  under this section must specify what students are expected to 
 32.29  know and be able to do by the end of each grade level for which 
 32.30  a statewide assessment is administered.  
 32.31     (c) The state standards must incorporate, as optional, the 
 32.32  coursework preparation requirements of the state's public 
 32.33  four-year higher education institutions and the preparation 
 32.34  requirements that enable students to forego remedial and 
 32.35  developmental education courses in the state's two-year higher 
 32.36  education institutions. 
 33.1      (d) The state standards must include, as optional, a 
 33.2   foreign language component that encompasses both oral and 
 33.3   written fluency and incorporates the standards of the American 
 33.4   council on the teaching of foreign languages. 
 33.5      (e) The state standards must include, as optional, a 
 33.6   technical applications area for intermediate and secondary 
 33.7   students that incorporates the standards of the national 
 33.8   research center for career and technical education and the 
 33.9   standards for technological literacy of the international 
 33.10  technology education association. 
 33.11     (f) The state standards must include, as optional, a 
 33.12  physical education component. 
 33.13     (g) The state standards must be supplemented by curriculum 
 33.14  framework and test specification documents useful to state and 
 33.15  local decision makers charged with determining appropriate 
 33.16  curriculum, staff development activities, and assessment 
 33.17  programs. 
 33.18     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 33.19  following final enactment. 
 33.20     Sec. 16.  [120B.0014] [STATEWIDE AND LOCAL ASSESSMENTS; 
 33.21  RESULTS.] 
 33.22     (a) The commissioner must develop reading, mathematics, and 
 33.23  science assessments using state constructed tests that are 
 33.24  developed from and aligned with the standards under section 
 33.25  120B.0013, paragraph (a), are designed to monitor student growth 
 33.26  toward and achievement of those standards, consistent with 
 33.27  section 120B.35, and satisfy applicable federal law.  At a 
 33.28  minimum, the commissioner must require annual reading and 
 33.29  mathematics assessments in grades 3 through 8 and in one high 
 33.30  school grade for the 2005-2006 school year and later and annual 
 33.31  science assessments in one grade in the 3 through 5 grade span, 
 33.32  the 6 through 9 grade span and the 10 through 12 grade span for 
 33.33  the 2006-2007 school year and later. 
 33.34     (b) The assessments must: 
 33.35     (1) provide timely, useful, and understandable information 
 33.36  for and about the performance of individual students, schools, 
 34.1   school districts, and the state, and expect that educators use 
 34.2   the information, and other information, to plan instruction for 
 34.3   the next school year and to develop school improvement plans, 
 34.4   including plans required under applicable federal law; 
 34.5      (2) include a growth scale useful under sections 120B.30, 
 34.6   120B.31, and 120B.35 for analyzing value-added and student level 
 34.7   growth over time; 
 34.8      (3) include state and national percentile ranks in 
 34.9   information reported to students and parents under section 
 34.10  120B.364; and 
 34.11     (4) determine whether students have met the state's basic 
 34.12  skills requirements in reading and mathematics. 
 34.13     (c) Consistent with applicable federal law and section 
 34.14  120B.30, subdivision 1, paragraph (e), clause (1), the 
 34.15  commissioner must include alternative assessments for the very 
 34.16  few students with disabilities for whom statewide assessments 
 34.17  are inappropriate and for students with limited English 
 34.18  proficiency. 
 34.19     (d) Schools, school districts, and charter schools must 
 34.20  administer statewide assessments under this section that use 
 34.21  student performance to evaluate student progress in achieving 
 34.22  high standards in English, mathematics, and science.  Schools, 
 34.23  school districts, and charter schools may base grade promotions 
 34.24  and the awarding of high school course credits on students' 
 34.25  success in achieving high standards. 
 34.26     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 34.27  following final enactment. 
 34.28     Sec. 17.  Minnesota Statutes 2002, section 120B.35, is 
 34.29  amended by adding a subdivision to read: 
 34.30     Subd. 5.  [IMPROVING GRADUATION RATES FOR STUDENTS WITH 
 34.31  EMOTIONAL OR BEHAVIORAL DISORDERS.] (a) A district must develop 
 34.32  strategies in conjunction with parents of students with 
 34.33  emotional or behavioral disorders and the county board 
 34.34  responsible for implementing sections 245.487 to 245.4888 to 
 34.35  keep students with emotional or behavioral disorders in school, 
 34.36  when the district has a drop-out rate for students with an 
 35.1   emotional or behavioral disorder exceeding 25 percent. 
 35.2      (b) A district must develop a plan in conjunction with 
 35.3   parents of students with emotional or behavioral disorders and 
 35.4   the local mental health authority to increase the graduation 
 35.5   rates of students with emotional or behavioral disorders.  A 
 35.6   district with a drop-out rate for children with an emotional or 
 35.7   behavioral disturbance in the top 25 percent of all districts 
 35.8   shall submit a plan for review and oversight to the commissioner.
 35.9      Sec. 18.  Minnesota Statutes 2002, section 121A.03, 
 35.10  subdivision 2, is amended to read: 
 35.11     Subd. 2.  [SEXUAL, RELIGIOUS, AND RACIAL HARASSMENT AND 
 35.12  VIOLENCE POLICY.] (a) A school board must adopt a written 
 35.13  sexual, religious, and racial harassment and sexual, religious, 
 35.14  and racial violence policy that conforms with sections 363.01 to 
 35.15  363.15.  The policy shall apply to pupils, teachers, 
 35.16  administrators, and other school personnel, include reporting 
 35.17  procedures, and set forth disciplinary actions that will be 
 35.18  taken for violation of the policy.  Disciplinary actions must 
 35.19  conform with collective bargaining agreements and sections 
 35.20  121A.41 to 121A.56.  The policy must be conspicuously posted 
 35.21  throughout each school building, given to each district employee 
 35.22  and independent contractor at the time of entering into the 
 35.23  person's employment contract, and included in each school's 
 35.24  student handbook on school policies.  Each school must develop a 
 35.25  process for discussing the school's sexual, religious, and 
 35.26  racial harassment and violence policy with students and school 
 35.27  employees.  
 35.28     (b) To the extent applicable, school officials must use the 
 35.29  requirements under paragraph (a) to develop and implement a 
 35.30  policy for reporting student-on-student abuse that is occurring 
 35.31  or has occurred on school district property.  
 35.32     (c) The policy adopted under paragraph (a) must be 
 35.33  consistent with the requirements for a policy prohibiting 
 35.34  intimidation and bullying under section 121A.032. 
 35.35     <b>[EFFECTIVE DATE.]</b> This section is effective January 1, 2004.
 35.36     Sec. 19.  Minnesota Statutes 2002, section 121A.03, is 
 36.1   amended by adding a subdivision to read: 
 36.2      Subd. 2a.  [STUDENT-ON-STUDENT ABUSE POLICY.] (a) 
 36.3   Consistent with the applicable requirements under subdivision 2, 
 36.4   and section 626.556, a school board must adopt a written policy 
 36.5   prohibiting student-on-student abuse, including at least: 
 36.6      (1) student-on-student sexual abuse, consistent with the 
 36.7   definition of "criminal sexual conduct" in sections 609.342, 
 36.8   subdivision 1; 609.343, subdivision 1; 609.344, subdivision 1; 
 36.9   609.345, subdivision 1; and 609.3451, subdivision 1.  Sexual 
 36.10  abuse also includes an act that violates prostitution offenses 
 36.11  under sections 609.321 to 609.324 or 617.246; and 
 36.12     (2) student-on-student physical assault or battery, 
 36.13  consistent with the definition of assault in sections 609.221, 
 36.14  subdivision 1; 609.222, subdivision 1; 609.223, subdivision 1; 
 36.15  and 609.2231. 
 36.16     (b) The policy must require a teacher, school 
 36.17  administrator, or other school personnel who knows or has reason 
 36.18  to believe that student-on-student abuse is occurring or has 
 36.19  occurred on school district property to report the information 
 36.20  to the commissioner of children, families, and learning, 
 36.21  immediately after receiving the information, according to the 
 36.22  requirements under section 626.556.  The commissioner's report 
 36.23  and investigation must also comply with section 626.556. 
 36.24     (c) The policy must allow student-on-student abuse to be 
 36.25  reported to the commissioner by fax, certified mail, e-mail, or 
 36.26  by telephone or orally with a written report to follow within 72 
 36.27  hours, exclusive of weekends and holidays. 
 36.28     (d) The policy must encourage a student who knows or has 
 36.29  reason to believe that student-on-student abuse is occurring or 
 36.30  has occurred on school district property to report the 
 36.31  information to a teacher, school administrator, or other school 
 36.32  personnel immediately after learning the information. 
 36.33     (e) The handling of data under this section must comply 
 36.34  with the requirements of section 626.556. 
 36.35     (f) For the purposes of this subdivision, "immediately" 
 36.36  means as soon as possible but in no event longer than 24 hours. 
 37.1      <b>[EFFECTIVE DATE.]</b> This section is effective January 1, 2004.
 37.2      Sec. 20.  Minnesota Statutes 2002, section 121A.03, 
 37.3   subdivision 3, is amended to read: 
 37.4      Subd. 3.  [SUBMISSION TO COMMISSIONER.] Each school board 
 37.5   must submit to the commissioner a copy of the sexual, religious, 
 37.6   and racial harassment and sexual, religious, and racial violence 
 37.7   policy under subdivision 2 and the student-on-student abuse 
 37.8   policy under subdivision 2a the board has adopted.  
 37.9      <b>[EFFECTIVE DATE.]</b> This section is effective January 1, 2004.
 37.10     Sec. 21.  [121A.032] [SCHOOL BOARD POLICY; PROHIBITING 
 37.11  INTIMIDATION AND BULLYING.] 
 37.12     Subdivision 1.  [PURPOSE.] The legislature finds that a 
 37.13  safe and civil environment is needed for students to attain high 
 37.14  academic standards.  Intimidation or bullying, like other 
 37.15  disruptive or violent behavior, is conduct that interferes with 
 37.16  students' ability to learn and teachers' ability to educate 
 37.17  students in a safe environment. 
 37.18     Subd. 2.  [INTIMIDATION OR BULLYING DEFINED.] "Intimidation 
 37.19  or bullying" means conduct that substantially interferes with a 
 37.20  student's educational benefits, opportunities or performance 
 37.21  occurring on or near school grounds, at a school-sponsored 
 37.22  activity, on school-provided transportation, at any official 
 37.23  school bus stop, or on a student's walking route to or from 
 37.24  school.  Intimidation or bullying includes an intentional 
 37.25  gesture or a written, verbal, or physical act or threat that a 
 37.26  reasonable person under the circumstances knows or should know 
 37.27  has the effect of: 
 37.28     (1) harming a student; 
 37.29     (2) damaging a student's property; 
 37.30     (3) placing a student in reasonable fear of harm to his or 
 37.31  her person; 
 37.32     (4) placing a student in reasonable fear of damage to his 
 37.33  or her property; or 
 37.34     (5) presenting a sufficiently severe, persistent, or 
 37.35  pervasive threat or action and creating an intimidating, 
 37.36  threatening, or abusive educational environment for a student. 
 38.1      Subd. 3.  [BOARD INTIMIDATION OR BULLYING POLICY 
 38.2   REQUIRED.] (a) A school board must develop, with input from 
 38.3   parents or guardians, school employees, school volunteers, 
 38.4   students, and community members, and adopt a policy prohibiting 
 38.5   intimidation and bullying, consistent with the requirements of 
 38.6   this section.  At a minimum, the policy must: 
 38.7      (1) prohibit the intimidating or bullying of any student; 
 38.8      (2) describe the behavior expected of each student; 
 38.9      (3) define intimidation or bullying; 
 38.10     (4) include a reporting procedure that permits a person to 
 38.11  report anonymously, but precludes formal disciplinary action 
 38.12  based solely on an anonymous report; 
 38.13     (5) require school personnel to report prohibited incidents 
 38.14  of which they are aware; 
 38.15     (6) state the consequences for and the appropriate remedial 
 38.16  action to be taken against a person acting to intimidate or 
 38.17  bully; 
 38.18     (7) require school officials to notify the parent or 
 38.19  guardian of a student involved in a prohibited incident and the 
 38.20  disciplinary action taken based on a confirmed report; 
 38.21     (8) include a procedure for documenting any prohibited 
 38.22  incident that is reported; 
 38.23     (9) include a procedure for responding to and promptly 
 38.24  investigating any reported incident, including designating 
 38.25  employees responsible for taking and investigating reports; 
 38.26     (10) indicate how the school district will respond after an 
 38.27  incident is reported, investigated, and confirmed; 
 38.28     (11) include a disciplinary procedure for any student found 
 38.29  to have harassed, intimidated, or bullied; 
 38.30     (12) prohibit retaliation for reporting in good faith 
 38.31  intimidation or bullying and retaliation against a victim of 
 38.32  intimidation or bullying when a report has been made; 
 38.33     (13) provide appropriate remedial action for a person who 
 38.34  falsely accuses another of intimidation or bullying as a 
 38.35  reprisal or retaliation or to intimidate or bully; 
 38.36     (14) make notice of the policy available throughout the 
 39.1   district; 
 39.2      (15) address intimidation or bullying that occurs on or 
 39.3   near school grounds, at any school-sponsored activity, on 
 39.4   school-provided transportation, at any official school bus stop, 
 39.5   or on a student's walking route to or from school; and 
 39.6      (16) keep confidential and exempt from disclosure the name 
 39.7   of the person reporting an incident under this section. 
 39.8      (b) A disciplinary action taken under this section must be 
 39.9   consistent with collective bargaining agreements and the Pupil 
 39.10  Fair Dismissal Act. 
 39.11     Subd. 4.  [MODEL POLICY.] The department of children, 
 39.12  families, and learning must develop and make available to school 
 39.13  boards a model policy on intimidation and bullying, consistent 
 39.14  with the requirements of this section.  The department of 
 39.15  children, families, and learning, at the request of a local 
 39.16  school board, must assist the school board in developing a 
 39.17  policy. 
 39.18     Subd. 5.  [RETALIATION PROHIBITED.] (a) A school employee, 
 39.19  student, or volunteer must not engage in reprisal or retaliation 
 39.20  against a victim of, witness to, or person with reliable 
 39.21  information about an act of intimidation or bullying. 
 39.22     (b) A school employee, student, or volunteer who witnesses 
 39.23  or has reliable information that a student has been intimidated 
 39.24  or bullied must report to a school official designated in the 
 39.25  school board's policy under subdivision 3, clause (9). 
 39.26     Subd. 6.  [IMMUNITY.] A school employee, student, or 
 39.27  volunteer, acting in good faith, is immune from liability for 
 39.28  damages arising from reporting intimidation or bullying to a 
 39.29  designated school official under this section. 
 39.30     Subd. 7.  [POLICY, TRAINING, AND EDUCATION.] (a) School 
 39.31  districts are encouraged to form task forces to prevent 
 39.32  intimidation or bullying; organize programs; and develop other 
 39.33  initiatives involving school employees, students, 
 39.34  administrators, volunteers, parents, guardians, law enforcement, 
 39.35  and community representatives.  School districts also are 
 39.36  encouraged to develop a process for regularly educating 
 40.1   students, employees, and volunteers about the district's 
 40.2   harassment, intimidation, and bullying policy. 
 40.3      (b) School officials must include information about the 
 40.4   school board policy against intimidation and bullying in all 
 40.5   current employee training programs. 
 40.6      (c) A school board must provide at least annual notice of 
 40.7   its intimidation and bullying policy in student handbooks and in 
 40.8   other publications that establish the parameters of student 
 40.9   conduct. 
 40.10     Subd. 8.  [LEGAL RECOURSE.] Except as provided under 
 40.11  subdivision 6, nothing in this section prohibits a victim from 
 40.12  bringing an action under any other applicable provision of civil 
 40.13  or criminal law. 
 40.14     <b>[EFFECTIVE DATE.]</b> This section is effective for the 
 40.15  2003-2004 school year and later. 
 40.16     Sec. 22.  Minnesota Statutes 2002, section 121A.55, is 
 40.17  amended to read: 
 40.18     121A.55 [POLICIES TO BE ESTABLISHED.] 
 40.19     (a) The commissioner of children, families, and learning 
 40.20  shall promulgate guidelines to assist each school board.  Each 
 40.21  school board shall establish uniform criteria for dismissal and 
 40.22  adopt written policies and rules to effectuate the purposes of 
 40.23  sections 121A.40 to 121A.56.  The policies shall emphasize 
 40.24  preventing dismissals through early detection of problems and 
 40.25  shall be designed to address students' inappropriate behavior 
 40.26  from recurring.  The policies shall recognize the continuing 
 40.27  responsibility of the school for the education of the pupil 
 40.28  during the dismissal period.  The alternative educational 
 40.29  services, if the pupil wishes to take advantage of them, must be 
 40.30  adequate to allow the pupil to make progress towards meeting the 
 40.31  graduation standards adopted under section 120B.02 and help 
 40.32  prepare the pupil for readmission.  
 40.33     (b) An area learning center under section 123A.05 may not 
 40.34  prohibit an expelled or excluded pupil from enrolling solely 
 40.35  because a district expelled or excluded the pupil.  The board of 
 40.36  the area learning center may use the provisions of the Pupil 
 41.1   Fair Dismissal Act to exclude a pupil or to require an admission 
 41.2   plan. 
 41.3      (c) The commissioner shall actively encourage and assist 
 41.4   school districts to cooperatively establish alternative 
 41.5   educational services within school buildings or at alternative 
 41.6   program sites that offer instruction to pupils who are dismissed 
 41.7   from school for willfully engaging in dangerous, disruptive, or 
 41.8   violent behavior, including for possessing a firearm in a school 
 41.9   zone. 
 41.10     (d) Each school district shall develop a policy and report 
 41.11  it to the commissioner on the appropriate use of peace officers 
 41.12  and crisis teams to remove students who have an individualized 
 41.13  education plan from school grounds. 
 41.14     Sec. 23.  Minnesota Statutes 2002, section 121A.61, 
 41.15  subdivision 3, is amended to read: 
 41.16     Subd. 3.  [POLICY COMPONENTS.] The policy must include at 
 41.17  least the following components:  
 41.18     (a) rules governing student conduct and procedures for 
 41.19  informing students of the rules; 
 41.20     (b) the grounds for removal of a student from a class; 
 41.21     (c) the authority of the classroom teacher to remove 
 41.22  students from the classroom pursuant to procedures and rules 
 41.23  established in the district's policy; 
 41.24     (d) the procedures for removal of a student from a class by 
 41.25  a teacher, school administrator, or other school district 
 41.26  employee; 
 41.27     (e) the period of time for which a student may be removed 
 41.28  from a class, which may not exceed five class periods for a 
 41.29  violation of a rule of conduct; 
 41.30     (f) provisions relating to the responsibility for and 
 41.31  custody of a student removed from a class; 
 41.32     (g) the procedures for return of a student to the specified 
 41.33  class from which the student has been removed; 
 41.34     (h) the procedures for notifying a student and the 
 41.35  student's parents or guardian of violations of the rules of 
 41.36  conduct and of resulting disciplinary actions; 
 42.1      (i) any procedures determined appropriate for encouraging 
 42.2   early involvement of parents or guardians in attempts to improve 
 42.3   a student's behavior; 
 42.4      (j) any procedures determined appropriate for encouraging 
 42.5   early detection of behavioral problems; 
 42.6      (k) any procedures determined appropriate for referring a 
 42.7   student in need of special education services to those services; 
 42.8      (1) the procedures for consideration of whether there is a 
 42.9   need for a further assessment or of whether there is a need for 
 42.10  a review of the adequacy of a current individual education plan 
 42.11  of a student with a disability who is removed from class; 
 42.12     (m) procedures for detecting and addressing chemical abuse 
 42.13  problems of a student while on the school premises; 
 42.14     (n) the minimum consequences for violations of the code of 
 42.15  conduct; 
 42.16     (o) procedures for immediate and appropriate interventions 
 42.17  tied to violations of the code; ~~and~~ 
 42.18     (p) a provision that states that a teacher, school 
 42.19  employee, school bus driver, or other agent of a district may 
 42.20  use reasonable force in compliance with section 121A.582 and 
 42.21  other laws; and 
 42.22     (q) an agreement of procedures to coordinate crisis 
 42.23  services to the extent funds are available with the county board 
 42.24  responsible for implementing sections 245.487 to 245.4888 for 
 42.25  students with a serious emotional disturbance or other students 
 42.26  who have an individualized education plan whose behavior may be 
 42.27  addressed by crisis intervention. 
 42.28     Sec. 24.  Minnesota Statutes 2002, section 122A.09, 
 42.29  subdivision 4, is amended to read: 
 42.30     Subd. 4.  [LICENSE AND RULES.] (a) The board must adopt 
 42.31  rules to license public school teachers and interns subject to 
 42.32  chapter 14. 
 42.33     (b) The board must adopt rules requiring a person to 
 42.34  successfully complete a skills examination in reading, writing, 
 42.35  and mathematics as a requirement for initial teacher licensure.  
 42.36  Such rules must require college and universities offering a 
 43.1   board approved teacher preparation program to provide remedial 
 43.2   assistance to persons who did not achieve a qualifying score on 
 43.3   the skills examination, including those for whom English is a 
 43.4   second language. 
 43.5      (c) The board must adopt rules to approve teacher 
 43.6   preparation programs.  The board, upon the request of a 
 43.7   post-secondary student preparing for teacher licensure or a 
 43.8   licensed graduate of a teacher preparation program, shall assist 
 43.9   in resolving a dispute between the person and a post-secondary 
 43.10  institution providing a teacher preparation program when the 
 43.11  dispute involves an institution's recommendation for licensure 
 43.12  affecting the person or the person's credentials.  At the 
 43.13  board's discretion, assistance may include the application of 
 43.14  chapter 14. 
 43.15     (d) The board must provide the leadership and shall adopt 
 43.16  rules for the redesign of teacher education programs to 
 43.17  implement a research based, results-oriented curriculum that 
 43.18  focuses on the skills teachers need in order to be effective.  
 43.19  The board shall implement new systems of teacher preparation 
 43.20  program evaluation to assure program effectiveness based on 
 43.21  proficiency of graduates in demonstrating attainment of program 
 43.22  outcomes. 
 43.23     (e) The board must adopt rules requiring successful 
 43.24  completion of an examination of general pedagogical knowledge 
 43.25  and examinations of licensure-specific teaching skills.  The 
 43.26  rules shall be effective on the dates determined by the board 
 43.27  but not later than September 1, 2001.  
 43.28     (f) The board must adopt rules requiring teacher educators 
 43.29  to work directly with elementary or secondary school teachers in 
 43.30  elementary or secondary schools to obtain periodic exposure to 
 43.31  the elementary or secondary teaching environment. 
 43.32     (g) The board must grant licenses to interns and to 
 43.33  candidates for initial licenses. 
 43.34     (h) The board must design and implement an assessment 
 43.35  system which requires a candidate for an initial license and 
 43.36  first continuing license to demonstrate the abilities necessary 
 44.1   to perform selected, representative teaching tasks at 
 44.2   appropriate levels. 
 44.3      (i) The board must receive recommendations from local 
 44.4   committees as established by the board for the renewal of 
 44.5   teaching licenses. 
 44.6      (j) The board must grant life licenses to those who qualify 
 44.7   according to requirements established by the board, and suspend 
 44.8   or revoke licenses pursuant to sections 122A.20 and 214.10.  The 
 44.9   board must not establish any expiration date for application for 
 44.10  life licenses.  
 44.11     (k) The board must adopt rules that require all licensed 
 44.12  teachers who are renewing their continuing license to include in 
 44.13  their renewal requirements further preparation in the areas of 
 44.14  using positive behavior interventions and in accommodating, 
 44.15  modifying, and adapting curricula, materials, and strategies to 
 44.16  appropriately meet the needs of individual students and ensure 
 44.17  adequate progress toward the state's graduation rule.  
 44.18     (l) In adopting rules to license public school teachers who 
 44.19  provide health-related services for disabled children, the board 
 44.20  shall adopt rules consistent with license or registration 
 44.21  requirements of the commissioner of health and the 
 44.22  health-related boards who license personnel who perform similar 
 44.23  services outside of the school. 
 44.24     (m) The board must adopt rules that require all licensed 
 44.25  teachers who are renewing their continuing license to include in 
 44.26  their renewal requirements further reading preparation, 
 44.27  consistent with section 122A.06, subdivision 4.  The rules do 
 44.28  not take effect until they are approved by law.  
 44.29     (n) The board must adopt rules that require all licensed 
 44.30  teachers who are renewing their continuing license to include in 
 44.31  their renewal requirements further preparation in understanding 
 44.32  the key warning signs of early-onset mental illness in children 
 44.33  and adolescents. 
 44.34     Sec. 25.  [122A.10] [DOMESTIC ABUSE AND HARASSMENT 
 44.35  TRAINING.] 
 44.36     The board of teaching and the board of school 
 45.1   administrators must require that teachers and school 
 45.2   administrators, as a part of their ongoing training, receive 
 45.3   training on child and adolescent sexual abuse, domestic abuse, 
 45.4   harassment, stalking, and related civil and criminal issues.  
 45.5   The training must include the following: 
 45.6      (1) information about the specific needs of victims; 
 45.7      (2) education on the causes of sexual abuse, family 
 45.8   violence, harassment, and stalking; 
 45.9      (3) education on culturally responsive approaches to 
 45.10  serving victims; and 
 45.11     (4) education on the impacts of sexual abuse, domestic 
 45.12  abuse, and abuse allegations on children. 
 45.13     Sec. 26.  Minnesota Statutes 2002, section 123B.143, 
 45.14  subdivision 1, is amended to read: 
 45.15     Subdivision 1.  [CONTRACT; DUTIES.] (a) All districts 
 45.16  maintaining a classified secondary school must employ a 
 45.17  superintendent who shall be an ex officio nonvoting member of 
 45.18  the school board.  The authority for selection and employment of 
 45.19  a superintendent must be vested in the board in all cases.  An 
 45.20  individual employed by a board as a superintendent shall have an 
 45.21  initial employment contract for a period of time no longer than 
 45.22  three years from the date of employment.  Any subsequent 
 45.23  employment contract must not exceed a period of three years.  A 
 45.24  board, at its discretion, may or may not renew an employment 
 45.25  contract.  A board must not, by action or inaction, extend the 
 45.26  duration of an existing employment contract.  Beginning 365 days 
 45.27  prior to the expiration date of an existing employment contract, 
 45.28  a board may negotiate and enter into a subsequent employment 
 45.29  contract to take effect upon the expiration of the existing 
 45.30  contract.  A subsequent contract must be contingent upon the 
 45.31  employee completing the terms of an existing contract.  If a 
 45.32  contract between a board and a superintendent is terminated 
 45.33  prior to the date specified in the contract, the board may not 
 45.34  enter into another superintendent contract with that same 
 45.35  individual that has a term that extends beyond the date 
 45.36  specified in the terminated contract.  A board may terminate a 
 46.1   superintendent during the term of an employment contract for any 
 46.2   of the grounds specified in section 122A.40, subdivision 9 or 13.
 46.3   A superintendent shall not rely upon an employment contract with 
 46.4   a board to assert any other continuing contract rights in the 
 46.5   position of superintendent under section 122A.40.  
 46.6   Notwithstanding the provisions of sections 122A.40, subdivision 
 46.7   10 or 11, 123A.32, 123A.75, or any other law to the contrary, no 
 46.8   individual shall have a right to employment as a superintendent 
 46.9   based on order of employment in any district.  If two or more 
 46.10  districts enter into an agreement for the purchase or sharing of 
 46.11  the services of a superintendent, the contracting districts have 
 46.12  the absolute right to select one of the individuals employed to 
 46.13  serve as superintendent in one of the contracting districts and 
 46.14  no individual has a right to employment as the superintendent to 
 46.15  provide all or part of the services based on order of employment 
 46.16  in a contracting district. The superintendent of a district 
 46.17  shall perform the following:  
 46.18     (1) visit and supervise the schools in the district, report 
 46.19  and make recommendations about their condition when advisable or 
 46.20  on request by the board; 
 46.21     (2) recommend to the board employment and dismissal of 
 46.22  teachers; 
 46.23     (3) superintend school grading practices and examinations 
 46.24  for promotions; 
 46.25     (4) make reports required by the commissioner; 
 46.26     (5) by January 10, submit an annual report to the 
 46.27  commissioner in a manner prescribed by the commissioner, in 
 46.28  consultation with school districts, identifying the expenditures 
 46.29  that the district requires to ensure an 80 percent student 
 46.30  passage rate on the basic standards test taken in the eighth 
 46.31  grade, identifying the highest student passage rate the district 
 46.32  expects it will be able to attain on the basic standards test by 
 46.33  grade 12, the amount of expenditures that the district requires 
 46.34  to attain the targeted student passage rate, and how much the 
 46.35  district is cross-subsidizing programs with special education, 
 46.36  basic skills, and general education revenue; and 
 47.1      (6) perform other duties prescribed by the board. 
 47.2      (b) Notwithstanding section 465.722, the severance pay 
 47.3   provided for a superintendent leaving employment may not exceed 
 47.4   the equivalent of one month of wages.  Severance pay for a 
 47.5   superintendent includes: 
 47.6      (1) benefits or compensation with a quantifiable monetary 
 47.7   value that are provided for a superintendent upon termination of 
 47.8   employment and are not part of the superintendent's annual wages 
 47.9   and benefits; 
 47.10     (2) payments for accumulated vacation; 
 47.11     (3) payments for accumulated sick leave; 
 47.12     (4) payments for accumulated sick leave liquidated to cover 
 47.13  the cost of group term insurance under section 471.61 to 
 47.14  retiring employees; and 
 47.15     (5) payments of periodic contributions by the school 
 47.16  district toward premiums for group insurance policies. 
 47.17     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 47.18  following final enactment and applies to a superintendent's 
 47.19  employment contract entered into or modified after that date. 
 47.20     Sec. 27.  Minnesota Statutes 2002, section 123B.90, 
 47.21  subdivision 2, is amended to read: 
 47.22     Subd. 2.  [STUDENT TRAINING.] (a) Each district must 
 47.23  provide public school pupils enrolled in ~~grades~~ kindergarten 
 47.24  through grade 10 with age-appropriate school bus safety training~~.~~
 47.25  ~~The training must be results-oriented and shall consist of both~~ 
 47.26  ~~classroom instruction and practical training using a school~~ 
 47.27  ~~bus.  Upon completing the training, a student shall be able to~~ 
 47.28  ~~demonstrate knowledge and understanding~~, as described in this 
 47.29  section of ~~at least~~ the following ~~competencies and~~ concepts: 
 47.30     (1) transportation by school bus is a privilege and not a 
 47.31  right; 
 47.32     (2) district policies for student conduct and school bus 
 47.33  safety; 
 47.34     (3) appropriate conduct while on the school bus; 
 47.35     (4) the danger zones surrounding a school bus; 
 47.36     (5) procedures for safely boarding and leaving a school 
 48.1   bus; 
 48.2      (6) procedures for safe street or road crossing; and 
 48.3      (7) school bus evacuation ~~and other emergency procedures;~~ 
 48.4   ~~and~~ 
 48.5      ~~(8) appropriate training on the use of lap belts or lap and~~ 
 48.6   ~~shoulder belts, if the district uses buses equipped with lap~~ 
 48.7   ~~belts or lap and shoulder belts~~. 
 48.8      (b) Each nonpublic school located within the district must 
 48.9   provide all nonpublic school pupils enrolled in ~~grades~~ 
 48.10  kindergarten through grade 10 who are transported by school bus 
 48.11  at public expense and attend school within the district's 
 48.12  boundaries with training as required in paragraph (a).  ~~The~~ 
 48.13  ~~school district shall make a bus available for the practical~~ 
 48.14  ~~training if the district transports the nonpublic students.~~  
 48.15  ~~Each nonpublic school shall provide the instruction.~~ 
 48.16     (c) ~~All~~ Students enrolled in ~~grades~~ kindergarten through ~~3~~ 
 48.17  grade 6 who are transported by school bus and are enrolled 
 48.18  during the first or second week of school must ~~demonstrate~~ 
 48.19  ~~achievement of~~ receive the school bus safety training 
 48.20  competencies by the end of the third week of school.  ~~All~~ 
 48.21  Students enrolled in grades ~~4~~ 7 through 10 who are transported 
 48.22  by school bus and are enrolled during the first or second week 
 48.23  of school and have not received school bus safety training in 
 48.24  kindergarten through grade 6 must ~~demonstrate achievement~~ 
 48.25  ~~of~~ receive the competencies by the end of the sixth week of 
 48.26  school.  Students grades 9 and 10 must receive training in the 
 48.27  laws and proper procedures when operating a motor vehicle in the 
 48.28  vicinity of a school bus.  Students enrolled in ~~grades~~ 
 48.29  kindergarten through grade 10 who enroll in a school after the 
 48.30  second week of school and are transported by school bus and have 
 48.31  not received training in their previous school district shall 
 48.32  undergo school bus safety training ~~and demonstrate achievement~~ 
 48.33  ~~of the school bus safety competencies~~ or receive bus safety 
 48.34  instructional materials within four weeks of the first day of 
 48.35  attendance.  The school transportation safety director in each 
 48.36  district must certify to the ~~commissioner~~ superintendent of 
 49.1   schools annually that all students transported by school bus 
 49.2   within the district have ~~satisfactorily demonstrated knowledge~~ 
 49.3   ~~and understanding of~~ received the school bus safety ~~competencies~~ 
 49.4   training according to this section ~~or provide an explanation for~~ 
 49.5   ~~a student's failure to demonstrate the competencies~~.  The 
 49.6   principal or other chief administrator of each nonpublic school 
 49.7   must certify annually to the school transportation safety 
 49.8   director of the district in which the school is located that ~~all~~ 
 49.9   ~~of~~ the school's students transported by school bus at public 
 49.10  expense have received training according to this section.  ~~A~~ 
 49.11  ~~district may deny transportation to a student who fails to~~ 
 49.12  ~~demonstrate the competencies, unless the student is unable to~~ 
 49.13  ~~achieve the competencies due to a disability, or to a student~~ 
 49.14  ~~who attends a nonpublic school that fails to provide training as~~ 
 49.15  ~~required by this subdivision.~~ 
 49.16     (d) A district and a nonpublic school with students 
 49.17  transported by school bus at public expense ~~must, to the extent~~ 
 49.18  ~~possible,~~ may provide kindergarten pupils with bus safety 
 49.19  training before the first day of school. 
 49.20     (e) A district and a nonpublic school with students 
 49.21  transported by school bus at public expense ~~must~~ may also 
 49.22  provide student safety education for bicycling and pedestrian 
 49.23  safety, for students enrolled in ~~grades~~ kindergarten through 
 49.24  grade 5. 
 49.25     (f) A district and a nonpublic school with students 
 49.26  transported by school bus at public expense must make reasonable 
 49.27  accommodations for the school bus~~, bicycle, and pedestrian~~ 
 49.28  safety training of pupils known to speak English as a second 
 49.29  language and pupils with disabilities. 
 49.30     (g) The district must provide students enrolled in 
 49.31  kindergarten through grade 3 school bus safety training twice 
 49.32  during the school year.  
 49.33     Sec. 28.  Minnesota Statutes 2002, section 123B.90, 
 49.34  subdivision 3, is amended to read: 
 49.35     Subd. 3.  [MODEL TRAINING PROGRAM.] The commissioner shall 
 49.36  develop a comprehensive model school bus safety training program 
 50.1   for pupils who ride the bus that includes bus safety curriculum 
 50.2   for both classroom and practical instruction~~, methods for~~ 
 50.3   ~~assessing attainment of school bus safety competencies,~~ and 
 50.4   age-appropriate instructional materials.  ~~The model training~~ 
 50.5   ~~program for students riding buses with lap belts or lap and~~ 
 50.6   ~~shoulder belts must include information on the appropriate use~~ 
 50.7   ~~of lap belts or lap and shoulder belts.  The program must be~~ 
 50.8   ~~adaptable for use by students with disabilities.~~ 
 50.9      Sec. 29.  Minnesota Statutes 2002, section 123B.91, 
 50.10  subdivision 1, is amended to read: 
 50.11     Subdivision 1.  [COMPREHENSIVE POLICY.] (a) Each district 
 50.12  shall develop and implement a comprehensive, written policy 
 50.13  governing pupil transportation safety, including transportation 
 50.14  of nonpublic school students, when applicable.  The policy, at 
 50.15  minimum, must contain: 
 50.16     (1) provisions for appropriate student bus safety training 
 50.17  under section 123B.90; 
 50.18     (2) rules governing student conduct on school buses and in 
 50.19  school bus loading and unloading areas; 
 50.20     (3) a statement of parent or guardian responsibilities 
 50.21  relating to school bus safety; 
 50.22     (4) ~~provisions for notifying students and parents or~~ 
 50.23  ~~guardians of their responsibilities and the rules, including the~~ 
 50.24  ~~district's seat belt policy, if applicable;~~ 
 50.25     ~~(5)~~ an intradistrict system for reporting school bus 
 50.26  accidents or misconduct and a system for dealing with local law 
 50.27  enforcement officials in cases of criminal conduct on a school 
 50.28  bus; 
 50.29     ~~(6)~~ (5) a discipline policy to address violations of school 
 50.30  bus safety rules, including procedures for revoking a student's 
 50.31  bus riding privileges in cases of serious or repeated 
 50.32  misconduct; 
 50.33     ~~(7)~~ (6) a system for integrating school bus misconduct 
 50.34  records with other discipline records; 
 50.35     ~~(8) a statement of bus driver duties;~~ 
 50.36     ~~(9)~~ (7) where applicable, provisions governing bus monitor 
 51.1   qualifications, training, and duties; 
 51.2      ~~(10)~~ (8) rules governing the use and maintenance of type 
 51.3   III vehicles, drivers of type III vehicles, qualifications to 
 51.4   drive a type III vehicle, qualifications for a type III vehicle, 
 51.5   and the circumstances under which a student may be transported 
 51.6   in a type III vehicle; 
 51.7      ~~(11)~~ (9) operating rules and procedures; 
 51.8      ~~(12) provisions for annual bus driver in-service training~~ 
 51.9   ~~and evaluation;~~ 
 51.10     ~~(13)~~ (10) emergency procedures; 
 51.11     ~~(14)~~ (11) a system for maintaining and inspecting 
 51.12  equipment; and 
 51.13     ~~(15)~~ (12) any other requirements of the school district~~, if~~ 
 51.14  ~~any, that exceed state law minimum requirements for school bus~~ 
 51.15  ~~operations; and~~ 
 51.16     ~~(16) requirements for basic first aid training, which must~~ 
 51.17  ~~include the Heimlich maneuver and procedures for dealing with~~ 
 51.18  ~~obstructed airways, shock, bleeding, and seizures~~. 
 51.19     (b) Districts are encouraged to use the model policy 
 51.20  developed by the Minnesota school boards association, the 
 51.21  department of public safety, and the department of children, 
 51.22  families, and learning, as well as the current edition of the 
 51.23  "National Standards for School Transportation," in developing 
 51.24  safety policies.  ~~Each district shall review its policy annually~~ 
 51.25  ~~to ensure that it conforms to law.~~ 
 51.26     Sec. 30.  Minnesota Statutes 2002, section 124D.09, 
 51.27  subdivision 4, is amended to read: 
 51.28     Subd. 4.  [ALTERNATIVE PUPIL.] "Alternative pupil" means ~~an~~ 
 51.29  a 10th, 11th, or 12th grade student not enrolled in a public 
 51.30  school district, and includes students attending nonpublic 
 51.31  schools and students who are home schooled.  An alternative 
 51.32  pupil is considered a pupil for purposes of this section only.  
 51.33  An alternative pupil must register with the commissioner of 
 51.34  children, families, and learning before participating in the 
 51.35  post-secondary enrollment options program.  The commissioner 
 51.36  shall prescribe the form and manner of the registration, in 
 52.1   consultation with the nonpublic education council under section 
 52.2   123B.445, and may request any necessary information from the 
 52.3   alternative pupil. 
 52.4      <b>[EFFECTIVE DATE.]</b> This section is effective for the 
 52.5   2003-2004 school year and later. 
 52.6      Sec. 31.  Minnesota Statutes 2002, section 124D.09, 
 52.7   subdivision 5, is amended to read: 
 52.8      Subd. 5.  [AUTHORIZATION; NOTIFICATION.] Notwithstanding 
 52.9   any other law to the contrary, ~~an~~ a 10th, 11th, or 12th grade 
 52.10  pupil enrolled in a school or an American Indian-controlled 
 52.11  tribal contract or grant school eligible for aid under section 
 52.12  124D.83, except a foreign exchange pupil enrolled in a district 
 52.13  under a cultural exchange program, may apply to an eligible 
 52.14  institution, as defined in subdivision 3, to enroll in 
 52.15  nonsectarian courses offered by that post-secondary 
 52.16  institution.  If an institution accepts a secondary pupil for 
 52.17  enrollment under this section, the institution shall send 
 52.18  written notice to the pupil, the pupil's school or school 
 52.19  district, and the commissioner within ten days of acceptance.  
 52.20  The notice must indicate the course and hours of enrollment of 
 52.21  that pupil.  If the pupil enrolls in a course for post-secondary 
 52.22  credit, the institution must notify the pupil about payment in 
 52.23  the customary manner used by the institution.  
 52.24     <b>[EFFECTIVE DATE.]</b> This section is effective for the 
 52.25  2003-2004 school year and later. 
 52.26     Sec. 32.  Minnesota Statutes 2002, section 124D.09, 
 52.27  subdivision 7, is amended to read: 
 52.28     Subd. 7.  [DISSEMINATION OF INFORMATION; NOTIFICATION OF 
 52.29  INTENT TO ENROLL.] By March 1 of each year, a district must 
 52.30  provide general information about the program to all pupils in 
 52.31  grades 9, 10, and 11.  To assist the district in planning, a 
 52.32  pupil shall inform the district by March 30 of each year of the 
 52.33  pupil's intent to enroll in post-secondary courses during the 
 52.34  following school year.  A pupil is not bound by notifying or not 
 52.35  notifying the district by March 30.  
 52.36     <b>[EFFECTIVE DATE.]</b> This section is effective for the 
 53.1   2003-2004 school year and later. 
 53.2      Sec. 33.  Minnesota Statutes 2002, section 124D.09, 
 53.3   subdivision 8, is amended to read: 
 53.4      Subd. 8.  [LIMIT ON PARTICIPATION.] A pupil who first 
 53.5   enrolls in grade 10 may not enroll in postsecondary courses 
 53.6   under this section for secondary credit for more than the 
 53.7   equivalent of three academic years.  A pupil who first enrolls 
 53.8   in grade 11 may not enroll in post-secondary courses under this 
 53.9   section for secondary credit for more than the equivalent of two 
 53.10  academic years.  A pupil who first enrolls in grade 12 may not 
 53.11  enroll in post-secondary courses under this section for 
 53.12  secondary credit for more than the equivalent of one academic 
 53.13  year.  If a pupil in grade 10, 11, or 12 first enrolls in a 
 53.14  post-secondary course for secondary credit during the school 
 53.15  year, the time of participation shall be reduced 
 53.16  proportionately.  If a pupil is in a learning year or other 
 53.17  year-round program and begins each grade in the summer session, 
 53.18  summer sessions shall not be counted against the time of 
 53.19  participation.  A pupil who has graduated from high school 
 53.20  cannot participate in a program under this section.  A pupil who 
 53.21  has completed course requirements for graduation but who has not 
 53.22  received a diploma may participate in the program under this 
 53.23  section.  
 53.24     <b>[EFFECTIVE DATE.]</b> This section is effective for the 
 53.25  2003-2004 school year and later. 
 53.26     Sec. 34.  Minnesota Statutes 2002, section 124D.09, 
 53.27  subdivision 9, is amended to read: 
 53.28     Subd. 9.  [ENROLLMENT PRIORITY.] A post-secondary 
 53.29  institution shall give priority to its post-secondary students 
 53.30  when enrolling 10th, 11th, and 12th grade pupils in its courses. 
 53.31  A post-secondary institution may provide information about its 
 53.32  programs to a secondary school or to a pupil or parent, but it 
 53.33  may not advertise or otherwise recruit or solicit the 
 53.34  participation on financial grounds, secondary pupils to enroll 
 53.35  in its programs.  An institution must not enroll secondary 
 53.36  pupils, for post-secondary enrollment options purposes, in 
 54.1   remedial, developmental, or other courses that are not college 
 54.2   level.  Once a pupil has been enrolled in a post-secondary 
 54.3   course under this section, the pupil shall not be displaced by 
 54.4   another student.  
 54.5      <b>[EFFECTIVE DATE.]</b> This section is effective for the 
 54.6   2003-2004 school year and later. 
 54.7      Sec. 35.  Minnesota Statutes 2002, section 124D.10, 
 54.8   subdivision 20, is amended to read: 
 54.9      Subd. 20.  [LEAVE TO TEACH IN A CHARTER SCHOOL.] If a 
 54.10  teacher employed by a district makes a written request for ~~an~~ 
 54.11  ~~extended~~ a two-year leave of absence to teach at a charter 
 54.12  school, the district must grant the leave.  ~~The district must~~ 
 54.13  ~~grant a leave for any number of years requested by the teacher,~~ 
 54.14  ~~and must extend the leave at the teacher's request.~~  The 
 54.15  district may require that the request for a leave ~~or extension~~ 
 54.16  ~~of leave~~ be made up to 90 days before the teacher would 
 54.17  otherwise have to report for duty.  Except as otherwise provided 
 54.18  in this subdivision and except for section 122A.46, ~~subdivision~~ 
 54.19  subdivisions 2, requiring that a leave be at least three but no 
 54.20  more than five years, and 7, the leave is governed by section 
 54.21  122A.46, including, but not limited to, reinstatement, notice of 
 54.22  intention to return, seniority, salary, and insurance. 
 54.23     During a leave, the teacher may continue to aggregate 
 54.24  benefits and credits in the teachers' retirement association 
 54.25  account by paying both the employer and employee contributions 
 54.26  based upon the annual salary of the teacher for the last full 
 54.27  pay period before the leave began.  The retirement association 
 54.28  may impose reasonable requirements to efficiently administer 
 54.29  this subdivision.  
 54.30     <b>[EFFECTIVE DATE.]</b> This section is effective for the 
 54.31  2003-2004 school year and later. 
 54.32     Sec. 36.  [125A.091] [ALTERNATIVE DISPUTE RESOLUTION AND 
 54.33  DUE PROCESS HEARINGS.] 
 54.34     Subdivision 1.  [DISTRICT OBLIGATION.] A school district 
 54.35  must use the procedures in federal law and state law and rule to 
 54.36  reach decisions about the identification, evaluation, 
 55.1   educational placement, manifestation determination, interim 
 55.2   alternative educational placement, or the provision of a free 
 55.3   appropriate public education to a child with a disability. 
 55.4      Subd. 2.  [PRIOR WRITTEN NOTICE.] A parent must receive 
 55.5   prior written notice a reasonable time before the district 
 55.6   proposes or refuses to initiate or change the identification, 
 55.7   evaluation, educational placement, or the provision of a free 
 55.8   appropriate public education to a child with a disability. 
 55.9      Subd. 3.  [CONTENT OF NOTICE.] The notice under subdivision 
 55.10  2 must: 
 55.11     (1) describe the action the district proposes or refuses; 
 55.12     (2) explain why the district proposes or refuses to take 
 55.13  the action; 
 55.14     (3) describe any other option the district considered and 
 55.15  the reason why it rejected the option; 
 55.16     (4) describe each evaluation procedure, test, record, or 
 55.17  report the district used as a basis for the proposed or refused 
 55.18  action; 
 55.19     (5) describe any other factor affecting the proposal or 
 55.20  refusal of the district to take the action; 
 55.21     (6) state that the parent of a child with a disability is 
 55.22  protected by procedural safeguards and, if this notice is not an 
 55.23  initial referral for evaluation, how a parent can get a 
 55.24  description of the procedural safeguards; and 
 55.25     (7) identify where a parent can get help in understanding 
 55.26  this law. 
 55.27     Subd. 4.  [UNDERSTANDABLE NOTICE.] (a) The written notice 
 55.28  under subdivision 2 must be understandable to the general public 
 55.29  and available in the parent's native language or by another 
 55.30  communication form, unless it is clearly not feasible to do so. 
 55.31     (b) If the parent's native language or other communication 
 55.32  form is not written, the district must take steps to ensure that:
 55.33     (1) the notice is translated orally or by other means to 
 55.34  the parent in the parent's native language or other 
 55.35  communication form; 
 55.36     (2) the parent understands the notice; and 
 56.1      (3) written evidence indicates the requirements in 
 56.2   subdivision 2 are met. 
 56.3      Subd. 5.  [INITIAL ACTION; PARENT CONSENT.] The district 
 56.4   must not proceed with the initial evaluation of a child, the 
 56.5   initial placement of a child in a special education program, or 
 56.6   the initial provision of special education services for a child 
 56.7   without the prior written consent of the child's parent.  A 
 56.8   district may not override the written refusal of a parent to 
 56.9   consent to an initial evaluation or reevaluation. 
 56.10     Subd. 6.  [DISPUTE RESOLUTION PROCESSES; 
 56.11  GENERALLY.] Parties are encouraged to resolve disputes over the 
 56.12  identification, evaluation, educational placement, manifestation 
 56.13  determination, interim alternative educational placement, or the 
 56.14  provision of a free appropriate public education to a child with 
 56.15  a disability through conciliation, mediation, facilitated team 
 56.16  meetings, or other alternative process.  All dispute resolution 
 56.17  options are voluntary on the part of the parent and must not be 
 56.18  used to deny or delay the right to a due process hearing.  All 
 56.19  dispute resolution processes under this section are provided at 
 56.20  no cost to the parent. 
 56.21     Subd. 7.  [CONCILIATION CONFERENCE.] A parent must have an 
 56.22  opportunity to meet with appropriate district staff in at least 
 56.23  one conciliation conference if the parent objects to any 
 56.24  proposal of which the parent receives notice under subdivision 2.
 56.25  If the parent refuses district efforts to conciliate the 
 56.26  dispute, the conciliation requirement is satisfied.  Following a 
 56.27  conciliation conference, the district must prepare and provide 
 56.28  to the parent a conciliation conference memorandum that 
 56.29  describes the district's final proposed offer of service by the 
 56.30  district.  This memorandum is admissible in evidence in any 
 56.31  subsequent proceeding. 
 56.32     Subd. 8.  [VOLUNTARY DISPUTE RESOLUTION OPTIONS.] In 
 56.33  addition to offering at least one conciliation conference, a 
 56.34  district must inform a parent of other dispute resolution 
 56.35  processes, including at least mediation and facilitated team 
 56.36  meetings.  The fact that an alternative dispute resolution 
 57.1   process was used is admissible in evidence at any subsequent 
 57.2   proceeding.  State-provided mediators and team meeting 
 57.3   facilitators shall not be subpoenaed to testify at a due process 
 57.4   hearing or civil action under federal special education law nor 
 57.5   are any records of mediators or state-provided team meeting 
 57.6   facilitators accessible to the parties. 
 57.7      Subd. 9.  [MEDIATION.] Mediation is a dispute resolution 
 57.8   process that involves a neutral party provided by the state to 
 57.9   assist a parent and a district in resolving disputes over the 
 57.10  identification, evaluation, educational placement, manifestation 
 57.11  determination, interim alternative educational placement, or the 
 57.12  provision of a free appropriate public education to a child with 
 57.13  a disability.  A mediation process is available as an informal 
 57.14  alternative to a due process hearing but must not be used to 
 57.15  deny or postpone the opportunity of a parent or district to 
 57.16  obtain a due process hearing.  Mediation is voluntary for all 
 57.17  parties.  All mediation discussions are confidential and 
 57.18  inadmissible in evidence in any subsequent proceeding, unless 
 57.19  the: 
 57.20     (1) parties expressly agree otherwise; 
 57.21     (2) evidence is otherwise available; or 
 57.22     (3) evidence is offered to prove bias or prejudice of a 
 57.23  witness. 
 57.24     Subd. 10.  [MEDIATED AGREEMENTS.] Mediated agreements are 
 57.25  not admissible unless the parties agree otherwise or a party to 
 57.26  the agreement believes the agreement is not being implemented, 
 57.27  in which case the aggrieved party may enter the agreement into 
 57.28  evidence at a due process hearing.  The parties may request 
 57.29  another mediation to resolve a dispute over implementing the 
 57.30  mediated agreement.  After a due process hearing is requested, a 
 57.31  party may request mediation and the commissioner must provide a 
 57.32  mediator who conducts a mediation session no later than the 
 57.33  third business day after the mediation request is made to the 
 57.34  commissioner. 
 57.35     Subd. 11.  [FACILITATED TEAM MEETING.] A facilitated team 
 57.36  meeting is an IEP, IFSP, or IIIP team meeting led by an 
 58.1   impartial state-provided facilitator to promote effective 
 58.2   communication and assist a team in developing an individualized 
 58.3   education plan. 
 58.4      Subd. 12.  [IMPARTIAL DUE PROCESS HEARING.] (a) A parent or 
 58.5   a district is entitled to an impartial due process hearing 
 58.6   conducted by the state when a dispute arises over the 
 58.7   identification, evaluation, educational placement, manifestation 
 58.8   determination, interim alternative educational placement, or the 
 58.9   provision of a free appropriate public education to a child with 
 58.10  a disability.  The hearing must be held in the district 
 58.11  responsible for ensuring that a free appropriate public 
 58.12  education is provided according to state and federal law.  The 
 58.13  proceedings must be recorded and preserved, at state expense, 
 58.14  pending ultimate disposition of the action. 
 58.15     (b) The due process hearing must be conducted according to 
 58.16  the rules of the commissioner and federal law. 
 58.17     (c) A party in a due process hearing may not raise a claim 
 58.18  based upon an alleged violation that occurred more than two 
 58.19  years before the date on which the commissioner received the 
 58.20  hearing request. 
 58.21     Subd. 13.  [HEARING OFFICER QUALIFICATIONS.] The 
 58.22  commissioner must appoint an individual who is qualified under 
 58.23  this subdivision to serve as a hearing officer.  The hearing 
 58.24  officer must: 
 58.25     (1) be knowledgeable and impartial; 
 58.26     (2) have no personal interest in or specific involvement 
 58.27  with the student who is a party to the hearing; 
 58.28     (3) not have been employed as an administrator by the 
 58.29  district that is a party to the hearing; 
 58.30     (4) not have been involved in selecting the district 
 58.31  administrator who is a party to the hearing; 
 58.32     (5) have no personal, economic, or professional interest in 
 58.33  the outcome of the hearing other than properly administering 
 58.34  federal and state laws, rules, and policies; 
 58.35     (6) have no substantial involvement in developing state or 
 58.36  local policies or procedures challenged in the hearing; 
 59.1      (7) not be a current employee or board member of a 
 59.2   Minnesota public school district, education district, 
 59.3   intermediate unit or regional education agency, or the 
 59.4   department if the department is the service provider; and 
 59.5      (8) not be a current employee or board member of a 
 59.6   disability advocacy organization or group. 
 59.7      Subd. 14.  [REQUEST FOR HEARING.] A request for a due 
 59.8   process hearing must: 
 59.9      (1) be in writing; 
 59.10     (2) describe the nature of the issue about providing 
 59.11  special education services to the student including facts 
 59.12  relating to the issue; and 
 59.13     (3) state, to the extent known, the relief sought. 
 59.14     Any school district administrator receiving a request for a 
 59.15  due process hearing must immediately forward the request to the 
 59.16  commissioner.  Within two business days of receiving a request 
 59.17  for a due process hearing, the commissioner must appoint a 
 59.18  hearing officer.  The commissioner must not deny a request for 
 59.19  hearing because the request is incomplete.  A party may 
 59.20  disqualify a hearing officer only by affirmatively showing 
 59.21  prejudice or bias to the commissioner or to the chief 
 59.22  administrative law judge if the hearing officer is an 
 59.23  administrative law judge.  If a party affirmatively shows 
 59.24  prejudice against a hearing officer, the commissioner must 
 59.25  assign another hearing officer to hear the matter. 
 59.26     Subd. 15.  [PREHEARING CONFERENCE.] A prehearing conference 
 59.27  must be held within five business days of the date the 
 59.28  commissioner appoints the hearing officer.  The hearing officer 
 59.29  must initiate the prehearing conference which may be conducted 
 59.30  in person, at a location within the district, or by telephone. 
 59.31  The hearing officer must create a written verbatim record of the 
 59.32  prehearing conference which is available to either party upon 
 59.33  request.  At the prehearing conference, the hearing officer must:
 59.34     (1) identify the questions that must be answered to resolve 
 59.35  the dispute and eliminate claims and complaints that are without 
 59.36  merit; 
 60.1      (2) set a scheduling order for the hearing and additional 
 60.2   prehearing activities; 
 60.3      (3) determine if the hearing can be disposed of without an 
 60.4   evidentiary hearing and, if so, establish the schedule and 
 60.5   procedure for doing so; and 
 60.6      (4) establish the management, control, and location of the 
 60.7   hearing to ensure its fair, efficient, and effective disposition.
 60.8      Subd. 16.  [BURDEN OF PROOF.] The burden of proof at a due 
 60.9   process hearing is on the district to demonstrate, by a 
 60.10  preponderance of the evidence, that it is complying with the law 
 60.11  and offered or provided a free appropriate public education to 
 60.12  the child in the least restrictive environment.  If the district 
 60.13  has not offered or provided a free appropriate public education 
 60.14  in the least restrictive environment and the parent wants the 
 60.15  district to pay for a private placement, the burden of proof is 
 60.16  on the parent to demonstrate, by a preponderance of the 
 60.17  evidence, that the private placement is appropriate. 
 60.18     Subd. 17.  [ADMISSIBLE EVIDENCE.] The hearing officer may 
 60.19  admit all evidence that possesses probative value, including 
 60.20  hearsay, if it is the type of evidence on which reasonable, 
 60.21  prudent persons are accustomed to rely in conducting their 
 60.22  serious affairs.  The hearing officer must give effect to the 
 60.23  rules of privilege recognized by law and exclude evidence that 
 60.24  is incompetent, irrelevant, immaterial, or unduly repetitious. 
 60.25     Subd. 18.  [HEARING OFFICER AUTHORITY.] (a) A hearing 
 60.26  officer must limit an impartial due process hearing to the time 
 60.27  sufficient for each party to present its case.  
 60.28     (b) A hearing officer must establish and maintain control 
 60.29  and manage the hearing.  This authority includes, but is not 
 60.30  limited to: 
 60.31     (1) requiring attorneys representing parties at the 
 60.32  hearing, after notice and an opportunity to be heard, to pay 
 60.33  court reporting and hearing officer costs, or fines payable to 
 60.34  the state, for failing to:  (i) obey scheduling or prehearing 
 60.35  orders, (ii) appear, (iii) be prepared, or (iv) participate in 
 60.36  the hearing process in good faith; 
 61.1      (2) administering oaths and affirmations; 
 61.2      (3) issuing subpoenas; 
 61.3      (4) determining the responsible and providing districts and 
 61.4   joining those districts, if not already notified, in the 
 61.5   proceedings; 
 61.6      (5) making decisions involving identification, evaluation, 
 61.7   educational placement, manifestation determination, interim 
 61.8   alternative educational placement, or the provision of a free 
 61.9   appropriate public education to a child with a disability; and 
 61.10     (6) ordering an independent educational evaluation of a 
 61.11  child at district expense. 
 61.12     Subd. 19.  [EXPEDITED DUE PROCESS HEARINGS.] A parent has 
 61.13  the right to an expedited due process hearing when there is a 
 61.14  dispute over a manifestation determination or a proposed or 
 61.15  actual placement in an interim alternative educational setting.  
 61.16  A district has the right to an expedited due process hearing 
 61.17  when proposing or seeking to maintain placement in an interim 
 61.18  alternative educational setting.  A hearing officer must hold an 
 61.19  expedited due process hearing and must issue a decision within 
 61.20  ten calendar days of the request for a hearing.  A hearing 
 61.21  officer may extend by up to five additional calendar days the 
 61.22  time for issuing a decision in an expedited due process 
 61.23  hearing.  All policies in this section apply to expedited due 
 61.24  process hearings to the extent they do not conflict with federal 
 61.25  law. 
 61.26     Subd. 20.  [HEARING OFFICER'S DECISION; TIME PERIOD.] (a) 
 61.27  The hearing officer must issue a decision within 45 calendar 
 61.28  days of the date on which the commissioner receives the hearing 
 61.29  request.  A hearing officer is encouraged to accelerate the time 
 61.30  line to 30 days for a child under the age of three whose needs 
 61.31  change rapidly and who requires quick resolution of a dispute.  
 61.32  A hearing officer may not extend the time beyond the 45-day 
 61.33  period unless requested by either party for good cause shown on 
 61.34  the record.  Extensions of time must not exceed a total of 30 
 61.35  calendar days unless both parties and the hearing officer agree 
 61.36  or time is needed to complete an independent educational 
 62.1   evaluation.  Good cause includes, but is not limited to, the 
 62.2   time required for mediation or other settlement discussions, 
 62.3   independent educational evaluation, complexity and volume of 
 62.4   issues, or finding or changing counsel. 
 62.5      (b) The hearing officer's decision must: 
 62.6      (1) be in writing; 
 62.7      (2) state the controlling and material facts upon which the 
 62.8   decision is made in order to apprise the reader of the basis and 
 62.9   reason for the decision; and 
 62.10     (3) be based on local standards, state statute, the rules 
 62.11  of the commissioner, and federal law. 
 62.12     Subd. 21.  [COMPENSATORY EDUCATIONAL SERVICES.] The hearing 
 62.13  officer may require the resident or responsible district to 
 62.14  provide compensatory educational services to the child if the 
 62.15  hearing officer finds that the district has not offered or made 
 62.16  available to the child a free appropriate public education in 
 62.17  the least restrictive environment and the child suffered a loss 
 62.18  of educational benefit.  Such services take the form of direct 
 62.19  and indirect special education and related services designed to 
 62.20  address any loss of educational benefit that may have occurred.  
 62.21  The hearing officer's finding must be based on a present 
 62.22  determination of whether the child has suffered a loss of 
 62.23  educational benefit. 
 62.24     Subd. 22.  [CHILD'S EDUCATIONAL PLACEMENT DURING A DUE 
 62.25  PROCESS HEARING.] (a) Until a due process hearing under this 
 62.26  section is completed or the district and the parent agree 
 62.27  otherwise, the child must remain in the child's current 
 62.28  educational placement and must not be denied initial admission 
 62.29  to school. 
 62.30     (b) Until an expedited due process hearing challenging an 
 62.31  interim alternative educational placement is completed, the 
 62.32  child must remain in the interim alternative educational setting 
 62.33  until the decision of the hearing officer or the expiration of 
 62.34  the 45 days permitted for an interim alternative educational 
 62.35  setting, whichever occurs first, unless the parent and district 
 62.36  agree otherwise. 
 63.1      Subd. 23.  [IMPLEMENTATION OF HEARING OFFICER ORDER.] (a) 
 63.2   That portion of a hearing officer's decision granting relief 
 63.3   requested by the parent must be implemented upon issuance. 
 63.4      (b) Except as provided under paragraph (a) or the district 
 63.5   and parent agree otherwise, following a hearing officer's 
 63.6   decision granting relief requested by the district, the child 
 63.7   must remain in the current educational placement until the time 
 63.8   to request judicial review under subdivision 24 expires or, if 
 63.9   judicial review is requested, at the time the Minnesota court of 
 63.10  appeals or the federal district court issues its decision, 
 63.11  whichever is later.  
 63.12     Subd. 24.  [REVIEW OF HEARING OFFICER DECISIONS.] The 
 63.13  parent or district may seek review of the hearing officer's 
 63.14  decision in the Minnesota court of appeals or in the federal 
 63.15  district court, consistent with federal law.  A party must 
 63.16  appeal to the Minnesota court of appeals within 60 days of 
 63.17  receiving the hearing officer's decision. 
 63.18     Subd. 25.  [ENFORCEMENT OF ORDERS.] The commissioner must 
 63.19  monitor final hearing officer decisions and ensure enforcement 
 63.20  of hearing officer orders. 
 63.21     Subd. 26.  [HEARING OFFICER AND PERSON CONDUCTING 
 63.22  ALTERNATIVE DISPUTE RESOLUTION ARE STATE EMPLOYEES.] A hearing 
 63.23  officer or person conducting alternative dispute resolution 
 63.24  under this section is an employee of the state under section 
 63.25  3.732 for purposes of section 3.736 only. 
 63.26     Subd. 27.  [HEARING OFFICER TRAINING.] A hearing officer 
 63.27  must participate in training and follow procedures established 
 63.28  by the commissioner.  
 63.29     Sec. 37.  Minnesota Statutes 2002, section 127A.05, 
 63.30  subdivision 1, is amended to read: 
 63.31     Subdivision 1.  [APPOINTMENT AND DUTIES.] The department 
 63.32  shall be under the administrative control of the commissioner of 
 63.33  ~~children, families, and learning~~ education which office is 
 63.34  established.  The governor shall appoint the commissioner under 
 63.35  the provisions of section 15.06.  
 63.36     The commissioner shall be a person who possesses 
 64.1   educational attainment and breadth of experience in the 
 64.2   administration of public education and of the finances 
 64.3   pertaining thereto commensurate with the spirit and intent of 
 64.4   this code.  Notwithstanding any other law to the contrary, the 
 64.5   commissioner may appoint two deputy commissioners who shall 
 64.6   serve in the unclassified service.  The commissioner shall also 
 64.7   appoint other employees as may be necessary for the organization 
 64.8   of the department.  The commissioner shall perform such duties 
 64.9   as the law and rules may provide and be held responsible for the 
 64.10  efficient administration and discipline of the department.  The 
 64.11  commissioner is charged with the execution of powers and duties 
 64.12  to promote public education in the state and to safeguard the 
 64.13  finances pertaining thereto. 
 64.14     Sec. 38.  Minnesota Statutes 2002, section 127A.05, 
 64.15  subdivision 3, is amended to read: 
 64.16     Subd. 3.  [GENERAL SUPERVISION OVER PUBLIC SCHOOLS AND 
 64.17  EDUCATIONAL AGENCIES.] The commissioner of ~~children, families,~~ 
 64.18  ~~and learning~~ education shall adopt goals for and exercise 
 64.19  general supervision over public schools and public educational 
 64.20  agencies in the state, classify and standardize public 
 64.21  elementary and secondary schools, and prepare for them outlines 
 64.22  and suggested courses of study.  The commissioner shall develop 
 64.23  a plan to attain the adopted goals.  The commissioner may 
 64.24  recognize educational accrediting agencies for the sole purposes 
 64.25  of sections 120A.22, 120A.24, and 120A.26. 
 64.26     Sec. 39.  Minnesota Statutes 2002, section 169.28, 
 64.27  subdivision 1, is amended to read: 
 64.28     Subdivision 1.  [STOP REQUIRED.] (a) The driver of any 
 64.29  motor vehicle carrying passengers for hire, or of any school bus 
 64.30  whether carrying passengers or not, or of any Head Start bus 
 64.31  whether carrying passengers or not, or of any vehicle that is 
 64.32  required to stop at railroad grade crossings under Code of 
 64.33  Federal Regulations, title 49, section 392.10, before crossing 
 64.34  at grade any track or tracks of a railroad, shall stop the 
 64.35  vehicle not less than 15 feet nor more than 50 feet from the 
 64.36  nearest rail of the railroad and while so stopped shall listen 
 65.1   and look in both directions along the track for any approaching 
 65.2   train, and for signals indicating the approach of a train, 
 65.3   except as hereinafter provided, and shall not proceed until safe 
 65.4   to do so.  The driver must not shift gears while crossing the 
 65.5   railroad tracks.  
 65.6      (b) A school bus or Head Start bus shall not be flagged 
 65.7   across railroad grade crossings except at those railroad grade 
 65.8   crossings that the local school administrative officer may 
 65.9   designate. 
 65.10     (c) A type III school bus, as defined in section 169.01, is 
 65.11  exempt from the requirement of school buses to stop at railroad 
 65.12  grade crossings.  
 65.13     Sec. 40.  Minnesota Statutes 2002, section 169.4503, 
 65.14  subdivision 4, is amended to read: 
 65.15     Subd. 4.  [CERTIFICATION.] A body manufacturer, school bus 
 65.16  dealer, or certified Minnesota commercial vehicle inspector who 
 65.17  is also an employee of an organization purchasing a school bus 
 65.18  shall certify to the department of public safety that the 
 65.19  product meets Minnesota standards. 
 65.20     Sec. 41.  Minnesota Statutes 2002, section 169.454, 
 65.21  subdivision 6, is amended to read: 
 65.22     Subd. 6.  [IDENTIFICATION.] ~~(a)~~ The vehicle must not have 
 65.23  the words "school bus" in any location on the exterior of the 
 65.24  vehicle, or in any interior location visible to a motorist. 
 65.25     ~~(b) The vehicle must display to the rear of the vehicle~~ 
 65.26  ~~this sign:  "VEHICLE STOPS AT RR CROSSINGS."~~ 
 65.27     ~~(c) The lettering (except for "AT," which may be one inch~~ 
 65.28  ~~smaller) must be a minimum two-inch "Series D" as specified in~~ 
 65.29  ~~standard alphabets for highway signs as specified by the Federal~~ 
 65.30  ~~Highway Administration.  The printing must be in a color giving~~ 
 65.31  ~~a marked contrast with that of the part of the vehicle on which~~ 
 65.32  ~~it is placed.~~ 
 65.33     ~~(d) The sign must have provisions for being covered, or be~~ 
 65.34  ~~of a removable or fold-down type.~~ 
 65.35     Sec. 42.  Minnesota Statutes 2002, section 171.321, 
 65.36  subdivision 5, is amended to read: 
 66.1      Subd. 5.  [ANNUAL EVALUATION AND LICENSE VERIFICATION.] (a) 
 66.2   ~~A school district's pupil transportation safety director, the~~ 
 66.3   ~~chief administrator of a nonpublic school, or a private~~ 
 66.4   ~~contractor shall certify annually to the school board or~~ 
 66.5   ~~governing board of a nonpublic school that, at minimum, each~~ 
 66.6   ~~school bus driver meets the school bus driver training~~ 
 66.7   ~~competencies under subdivision 4.~~  A school district, nonpublic 
 66.8   school, or private contractor ~~also~~ shall provide in-service 
 66.9   training annually to each school bus driver.  
 66.10     (b) A school district, nonpublic school, or private 
 66.11  contractor shall annually verify the validity of the driver's 
 66.12  license of each person who transports students for the district 
 66.13  with the National Drivers Register or with the department of 
 66.14  public safety. 
 66.15     Sec. 43.  [174.11] [SAFE ROUTE TO SCHOOL PROGRAMS.] 
 66.16     Subdivision 1.  [DEFINITION.] For purposes of this section, 
 66.17  a "safe routes to school program" is a program developed and 
 66.18  implemented by a school district that uses highway improvements, 
 66.19  student and public education, highway safety measures, or 
 66.20  traffic control measures and devices, or any combination 
 66.21  thereof, to enhance the safety of students walking or bicycling 
 66.22  to school. 
 66.23     Subd. 2.  [GRANT PROGRAM; USE OF FEDERAL ENHANCEMENT 
 66.24  FUNDS.] The commissioner of transportation shall expend not less 
 66.25  than five percent of funds made available to the commissioner 
 66.26  each fiscal year from the federal highway administration and 
 66.27  designated for transportation enhancements as a grant to the 
 66.28  Minnesota safety council to be spent as grants to school 
 66.29  districts for safe routes to school programs. 
 66.30     Subd. 3.  [CONDITIONS OF GRANT.] The commissioner shall 
 66.31  require as a condition of the grant each year that: 
 66.32     (1) the Minnesota safety council spend at least 95 percent 
 66.33  of the money it receives under this section each year as grants 
 66.34  to school districts; 
 66.35     (2) that the council award grants only under a competitive 
 66.36  process open to all school districts in the state; and 
 67.1      (3) that the council award grants on the basis of (i) 
 67.2   severity of the safety problems being addressed, (ii) number of 
 67.3   students affected, (iii) extent of involvement of students, 
 67.4   parents, teachers, local transportation authorities, law 
 67.5   enforcement agencies, and school officials in the development of 
 67.6   the program, (iv) effectiveness of the program in addressing 
 67.7   safety problems, and (v) effectiveness of the program in 
 67.8   increasing walking and bicycling to school. 
 67.9      Sec. 44.  Minnesota Statutes 2002, section 626.8451, 
 67.10  subdivision 1a, is amended to read: 
 67.11     Subd. 1a.  [TRAINING COURSE; CRIMES OF VIOLENCE.] In 
 67.12  consultation with the crime victim and witness advisory council 
 67.13  and the school of law enforcement, the board shall prepare a 
 67.14  training course, including continuing education, to assist peace 
 67.15  officers in responding to crimes of violence and to enhance 
 67.16  peace officer sensitivity in interacting with and assisting 
 67.17  crime victims.  For purposes of this course, child and 
 67.18  adolescent sexual abuse, domestic abuse, harassment, and 
 67.19  stalking crimes are "crimes of violence."  The course must 
 67.20  include information about: 
 67.21     (1) the needs of victims of these crimes and the most 
 67.22  effective and sensitive way to meet those needs or arrange for 
 67.23  them to be met; 
 67.24     (2) the extent and causes of crimes of violence, including 
 67.25  domestic abuse, physical and sexual abuse, physical violence, 
 67.26  harassment and stalking, and neglect; 
 67.27     (3) the identification of crimes of violence and patterns 
 67.28  of violent behavior; and 
 67.29     (4) culturally responsive approaches to dealing with 
 67.30  victims and perpetrators of violence. 
 67.31     Sec. 45.  [PILOT PROJECT TO EVALUATE PARENT INVOLVEMENT 
 67.32  POLICIES AND STRATEGIES.] 
 67.33     Subdivision 1.  [DISTRICT AND SCHOOL SITE POLICY 
 67.34  EVALUATION.] A school board may elect to participate in a 
 67.35  two-year pilot project to evaluate parent involvement policies 
 67.36  and strategies in the district and in school sites, with the 
 68.1   goal of improving the academic achievement of all students 
 68.2   within the district, including at-risk students.  Participating 
 68.3   districts and school sites must establish parent involvement 
 68.4   review committees consistent with subdivision 2, and may adapt 
 68.5   the parent involvement policy and process described in United 
 68.6   States Code, title 20, section 6319, for purposes consistent 
 68.7   with this project. 
 68.8      Subd. 2.  [PARENT INVOLVEMENT REVIEW COMMITTEES.] A school 
 68.9   board electing to participate and interested school sites within 
 68.10  that district must establish a parent involvement review 
 68.11  committee or expand the purview of an existing committee 
 68.12  composed of a majority of parents.  The committees must evaluate 
 68.13  the effectiveness of district and school site programs and 
 68.14  strategies intended to provide all parents with meaningful 
 68.15  opportunities to participate in the process of educating 
 68.16  students.  The committees, among other things, may evaluate the 
 68.17  operation of the instruction and curriculum advisory committee 
 68.18  or building team under Minnesota Statutes, section 120B.11, or 
 68.19  parent involvement programs developed under Minnesota Statutes, 
 68.20  section 124D.895.  A majority of committee members must be 
 68.21  parents of students enrolled in the district or school site, if 
 68.22  applicable.  The committee also must include teachers employed 
 68.23  by the district and who teach at a school site, if applicable.  
 68.24  A district must assist participating school sites at the request 
 68.25  of the school site. 
 68.26     Subd. 3.  [NOTICE OF PARTICIPATION; NOTICE TO PARENTS.] (a) 
 68.27  A school board electing to participate under this section must 
 68.28  notify the commissioner of children, families, and learning of 
 68.29  its participation and the participation of interested school 
 68.30  sites on a form supplied by the commissioner.  The commissioner 
 68.31  may assist participating districts and school sites at the 
 68.32  request of the district or school site. 
 68.33     (b) Participating school districts must transmit timely 
 68.34  effective notice of this project to parent organizations 
 68.35  throughout the district and to parents of children enrolled in 
 68.36  district schools.  
 69.1      Subd. 4.  [REPORT.] Participating districts and school 
 69.2   sites must report the findings of the evaluation and related 
 69.3   recommendations annually by March 1 to the school board, which 
 69.4   shall transmit a summary of the findings and recommendations to 
 69.5   the commissioner.  Information the commissioner receives under 
 69.6   this subdivision may be used to modify guidelines and model 
 69.7   plans for parent involvement programs under Minnesota Statutes, 
 69.8   section 124D.895.  
 69.9      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 69.10  following final enactment and applies to the 2003-2004 and 
 69.11  2004-2005 school years. 
 69.12     Sec. 46.  [RECOMMENDATIONS ON HIGH EDUCATIONAL STANDARDS.] 
 69.13     (a) The commissioner of children, families, and learning, 
 69.14  after consulting with stakeholders under paragraph (b), must 
 69.15  provide written recommendations to the legislature by February 
 69.16  1, 2004, that indicate: 
 69.17     (1) whether to include high school assessment results on 
 69.18  student transcripts; 
 69.19     (2) what cut-scores on high school reading and mathematics 
 69.20  assessments indicate that remedial instruction in the state's 
 69.21  two-year higher education institutions is unneeded; 
 69.22     (3) the extent to which successful district programs 
 69.23  developed under the profile of learning may be incorporated into 
 69.24  state standards developed under this act; 
 69.25     (4) how best to integrate content with application, 
 69.26  critical reasoning and higher-order thinking into state 
 69.27  standards developed under this act; 
 69.28     (5) how to effectively assist teachers in formulating 
 69.29  curriculum for classroom instruction consistent with state 
 69.30  standards developed under this act; and 
 69.31     (6) what local assessments might best measure student 
 69.32  learning consistent with teachers' classroom instruction and 
 69.33  state standards developed under this act. 
 69.34     (b) The commissioner must consult with at least the 
 69.35  following stakeholders when developing recommendations under 
 69.36  paragraph (a): 
 70.1      (1) parents of school-age children and members of the 
 70.2   public throughout the state; 
 70.3      (2) teachers throughout the state currently licensed and 
 70.4   providing instruction in one of the five learning areas under 
 70.5   Minnesota Statutes, section 120B.0013, and secondary school 
 70.6   administrators throughout the state currently administrating a 
 70.7   school site; 
 70.8      (3) currently serving members of local school boards and 
 70.9   charter school boards throughout the state; 
 70.10     (4) faculty at Minnesota's postsecondary institutions 
 70.11  providing instruction related to one of the five learning areas 
 70.12  under Minnesota Statutes, section 120B.0013; 
 70.13     (5) representatives of Minnesota's business community; and 
 70.14     (6) nationally recognized experts on state development of 
 70.15  high educational standards. 
 70.16     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 70.17  following final enactment. 
 70.18     Sec. 47.  [LEGISLATIVE APPROVAL OF PROPOSED RULES 
 70.19  ESTABLISHING REQUIRED AND OPTIONAL STATE STANDARDS; INTERIM 
 70.20  STANDARDS.] 
 70.21     (a) To fulfill the obligation of the legislature to pursue 
 70.22  educational excellence for all Minnesota citizens, the 
 70.23  commissioner of children, families, and learning must present to 
 70.24  the committees of the legislature charged with oversight of 
 70.25  kindergarten through grade 12 education policy and kindergarten 
 70.26  through grade 12 education funding all proposed rules and all 
 70.27  proposed amendments to or repeals of existing rules under 
 70.28  Minnesota Statutes, section 120B.0112.  The commissioner may not 
 70.29  adopt new rules nor amend or repeal existing rules under 
 70.30  Minnesota Statutes, section 120B.0012, without specific 
 70.31  legislative authorization. 
 70.32     (b) To the extent that state standards in English, 
 70.33  mathematics, science, social studies, or arts and literature are 
 70.34  not fully implemented according to the terms of this act, 
 70.35  schools, school districts, and charter schools must continue to 
 70.36  provide the instruction required under Minnesota Statutes 2002, 
 71.1   section 120A.22, subdivision 9, and applicable federal law until 
 71.2   these standards are fully implemented. 
 71.3      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 71.4   following final enactment. 
 71.5      Sec. 48.  [DEPARTMENT RESPONSIBILITY.] 
 71.6      By January 1, 2004, the commissioner of education must 
 71.7   adopt rules that: 
 71.8      (1) establish criteria for selecting hearing officers, the 
 71.9   standards of conduct to which a hearing officer must adhere, and 
 71.10  a process to evaluate the hearing system; 
 71.11     (2) ensure that appropriately trained and knowledgeable 
 71.12  persons conduct due process hearings in compliance with federal 
 71.13  law; and 
 71.14     (3) create standards for expedited due process hearings 
 71.15  under federal law. 
 71.16     By March 1, 2004, the commissioner of education must 
 71.17  develop and make available a notice for participants in 
 71.18  state-provided dispute resolution processes that informs 
 71.19  participants of their rights concerning dispute resolution. 
 71.20     Sec. 49.  [AT-LARGE SCHOOL BOARD MEMBERS; INDEPENDENT 
 71.21  SCHOOL DISTRICT NO. 709, DULUTH.] 
 71.22     (a) Notwithstanding Laws 1969, chapter 698, or other law to 
 71.23  the contrary, the school board for independent school district 
 71.24  No. 709, Duluth, may by resolution reduce from five to three the 
 71.25  number of at-large school board members. 
 71.26     (b) If the school board adopts the resolution under 
 71.27  paragraph (a), for the November 2003 election and each four 
 71.28  years thereafter, the three positions of those members elected 
 71.29  at large whose terms expire on December 31, 2003, shall be 
 71.30  reduced to one member elected at large. 
 71.31     (c) Nothing in this section prevents a member of the school 
 71.32  board on the effective date of this act who is otherwise 
 71.33  qualified from running for reelection upon the expiration of 
 71.34  that member's term. 
 71.35     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 71.36  following final enactment. 
 72.1      Sec. 50.  [REGIONAL BARGAINING STUDY.] 
 72.2      The commissioner of children, families and learning must 
 72.3   convene an advisory group composed of representatives of the 
 72.4   bureau of mediation services, Education Minnesota, the Minnesota 
 72.5   rural education association, the Minnesota school boards 
 72.6   association, and the Minnesota association of school 
 72.7   administrators, and a member of the majority party and the 
 72.8   minority party in the state house appointed by the speaker of 
 72.9   the house and a member of the majority party and the minority 
 72.10  party in the state senate appointed by the subcommittee on 
 72.11  committees to develop recommendations on establishing a regional 
 72.12  bargaining system for Minnesota's school employees.  The 
 72.13  advisory group must consider at least the following issues in 
 72.14  developing its recommendations on how best to: 
 72.15     (1) ensure a high quality education program for all 
 72.16  students; 
 72.17     (2) structure a funding mechanism to provide a regional 
 72.18  administrative entity with sufficient revenue that gives all 
 72.19  students access to a high quality education program; 
 72.20     (3) structure a single bargaining unit per region for each 
 72.21  classification of employees that is consistent with PELRA; 
 72.22     (4) ensure both equity and parity in compensation, 
 72.23  including employee wages and retirement and other benefits, so 
 72.24  that employees' compensation is not reduced or kept at a fixed 
 72.25  level; 
 72.26     (5) create a regional bargaining system that maintains 
 72.27  employee positions and does not reduce the number of district 
 72.28  employees except through employee attrition; and 
 72.29     (6) allow the exclusive representative of each 
 72.30  classification of employees for a single regional bargaining 
 72.31  unit and the regional employer to collectively bargain specific 
 72.32  terms and conditions of employment. 
 72.33     The commissioner by January 15, 2004, must present the 
 72.34  written recommendations of the advisory group, including 
 72.35  recommendations for statutory changes, to the committees of the 
 72.36  legislature having oversight of early childhood through grade 12 
 73.1   education policy and funding. 
 73.2      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 73.3   following final enactment. 
 73.4      Sec. 51.  [REVISOR INSTRUCTION.] 
 73.5      (a) In Minnesota Statutes, the revisor shall renumber 
 73.6   section 119A.02, subdivision 2, as 120A.02, paragraph (a), and 
 73.7   section 120A.02 as 120A.02, paragraph (b). 
 73.8      (b) In Minnesota Statutes and Minnesota Rules, the revisor 
 73.9   shall change the term "children, families, and learning" to 
 73.10  "education." 
 73.11     Sec. 52.  [REPEALER.] 
 73.12     Minnesota Statutes 2002, sections 119A.01, subdivision 1; 
 73.13  123B.90, subdivision 1; and 169.441, subdivision 4, are repealed.
 73.14                             ARTICLE 13 
 73.15                      CONSTITUTIONAL AMENDMENT 
 73.16     Section 1.  [CONSTITUTIONAL AMENDMENT PROPOSED.] 
 73.17     An amendment to the Minnesota Constitution is proposed to 
 73.18  the people.  If the amendment is adopted, article XIII, section 
 73.19  1, will read: 
 73.20     Sec. 2.  The stability of a republican form of government 
 73.21  depending mainly upon the intelligence of the people, it is the 
 73.22  duty of the legislature to establish a general and uniform 
 73.23  system of public schools and provide for the development and 
 73.24  education of young children through age 5.  The legislature 
 73.25  shall make such provisions by taxation or otherwise as will 
 73.26  secure a thorough and efficient system of public schools and 
 73.27  early childhood development and education throughout the state. 
 73.28     Sec. 3.  [SUBMISSION TO VOTERS.] 
 73.29     The proposed amendment must be submitted to the people at 
 73.30  the 2004 general election.  The question submitted shall be: 
 73.31     "Shall the Minnesota Constitution be amended to require the 
 73.32  state to provide for early childhood development and education? 
 73.33                                     Yes .......
 73.34                                     No ........"