1.1 	A bill for an act
1.2 	relating to education; providing for prekindergarten through grade 12 education, 
1.3 	including education excellence, education funding, and special programs; 
1.4 	authorizing rulemaking; appropriating money;amending Minnesota Statutes 
1.5 	2004, sections 120A.22, subdivision 3; 120B.021, subdivision 1; 120B.023; 
1.6 	120B.024; 121A.035; 122A.09, subdivision 4; 122A.18, subdivision 2; 122A.31, 
1.7 	subdivision 1, by adding a subdivision; 123B.77, subdivision 3, by adding 
1.8 	a subdivision; 123B.90, subdivision 2; 123B.91, by adding a subdivision; 
1.9 	124D.095, subdivision 3; 124D.10, subdivision 16; 124D.61; 125A.02, 
1.10 	subdivision 1; 125A.27, subdivision 11; 125A.29; 125A.30; 125A.32; 125A.33; 
1.11 	125A.48; 125A.515, subdivisions 1, 3, 5, 6, 7, 9, 10; 125A.63, subdivision 4; 
1.12 	125A.75, subdivision 1, by adding a subdivision; 169.01, subdivision 6; 169.447, 
1.13 	subdivision 2; 169.4501, subdivisions 1, 2; 169.4502, subdivision 5; 169.4503, 
1.14 	subdivision 20; 171.321, subdivisions 4, 5; 299F.30; 626.556, subdivisions 3b, 
1.15 	3c; Minnesota Statutes 2005 Supplement, sections 120B.021, subdivision 1a; 
1.16 	120B.131, subdivision 2; 122A.414, subdivisions 2b, 3; 123B.92, subdivisions 
1.17 	1, 5; 124D.095, subdivision 4; 125A.11, subdivision 1; 125A.28; 126C.17, 
1.18 	subdivision 9; 626.556, subdivision 3;  Laws 2005, First Special Session chapter 
1.19 	5, article 2, section 84, subdivision 13; proposing coding for new law in 
1.20 	Minnesota Statutes, chapters 120B; 121A; 122A; 124D; repealing Minnesota 
1.21 	Statutes 2004, sections 121A.23; 123B.749; 125A.10; 125A.515, subdivision 2; 
1.22 	169.4502, subdivision 15; 169.4503, subdivisions 17, 18, 26.
1.23 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.24 	ARTICLE 1
1.25 	EDUCATION EXCELLENCE

1.26 	Section 1. Minnesota Statutes 2004, section 120A.22, subdivision 3, is amended to 
1.27 	read:
1.28 		Subd. 3.Parent defined; residency determined. (a) In this section and sections  
1.29 	120A.24 and  120A.26, "parent" means a parent, guardian, or other person having legal 
1.30 	custody of a child. 
2.1 	(b) In sections  125A.03 to  125A.24 and  125A.65, "parent" means a parent, guardian, 
2.2 	or other person having legal custody of a child under age 18. For an unmarried pupil age 
2.3 	18 or over, "parent" means the pupil unless a guardian or conservator has been appointed, 
2.4 	in which case it means the guardian or conservator. 
2.5 	(c) For purposes of sections  125A.03 to  125A.24 and  125A.65, the school district of 
2.6 	residence for an unmarried pupil age 18 or over who is a parent under paragraph (b) and 
2.7 	who is placed in a center for care and treatment, shall be the school district in which the 
2.8 	pupil's biological or adoptive parent or designated guardian resides. 
2.9 	(d) For a married pupil age 18 or over, the school district of residence is the school 
2.10 	district in which the married pupil resides.
2.11 	(e) If a district reasonably believes that a student does not meet the residency 
2.12 	requirements of the school district in which the student is attending school, the student 
2.13 	may be removed from the school only after the district sends the student's parents written 
2.14 	notice of the district's belief, including the facts upon which the belief is based, and an 
2.15 	opportunity to provide documentary evidence of residency in person to the superintendent 
2.16 	or designee, or, at the option of the parents, by sending the documentary evidence to the 
2.17 	superintendent, or a designee, who will then make a determination as to the residency 
2.18 	status of the student.

2.19 	Sec. 2. Minnesota Statutes 2004, section 120B.021, subdivision 1, is amended to read:
2.20 		Subdivision 1.Required academic standards. The following subject areas are 
2.21 	required for statewide accountability:
2.22 	(1) language arts;
2.23 	(2) mathematics;
2.24 	(3) science;
2.25 	(4) social studies, including history, geography, economics, and government and 
2.26 	citizenship;
2.27 	(5) health and physical education, for which locally developed academic standards 
2.28 	apply; and
2.29 	(6) the arts, for which statewide or locally developed academic standards apply, as 
2.30 	determined by the school district. Public elementary and middle schools must offer at least 
2.31 	three and require at least two of the following four arts areas: dance; music; theater; and 
2.32 	visual arts. Public high schools must offer at least three and require at least one of the 
2.33 	following five arts areas: media arts; dance; music; theater; and visual arts.
2.34 	The commissioner must submit proposed standards in science and social studies to 
2.35 	the legislature by February 1, 2004.
3.1 	For purposes of applicable federal law, the academic standards for language arts, 
3.2 	mathematics, and science apply to all public school students, except the very few students 
3.3 	with extreme cognitive or physical impairments for whom an individualized education 
3.4 	plan team has determined that the required academic standards are inappropriate. 
3.5 	An individualized education plan team that makes this determination must establish 
3.6 	alternative standards.
3.7 	A school district, no later than the 2007-2008 school year, must adopt graduation 
3.8 	requirements that meet or exceed state graduation requirements established in law or 
3.9 	rule. A school district that incorporates these state graduation requirements before the 
3.10 	2007-2008 school year must provide students who enter the 9th grade in or before 
3.11 	the 2003-2004 school year the opportunity to earn a diploma based on existing locally 
3.12 	established graduation requirements in effect when the students entered the 9th grade. 
3.13 	District efforts to develop, implement, or improve instruction or curriculum as a result 
3.14 	of the provisions of this section must be consistent with sections  120B.10,  120B.11, 
3.15 	and  120B.20. 
3.16 	At a minimum, school districts must maintain the same physical education and 
3.17 	health education requirements for students in kindergarten through grade 8 adopted for the 
3.18 	2005-2006 school year through the 2008-2009 school year. Before a revision of the local 
3.19 	health and physical education standards, a school district must consult the grade-specific 
3.20 	benchmarks developed by the Department of Education's health and physical education 
3.21 	quality teaching network for the six national physical education standards and the seven 
3.22 	national health standards.
3.23 	The commissioner must include the contributions of Minnesota American Indian 
3.24 	tribes and communities as they relate to each of the academic standards during the review 
3.25 	and revision of the required academic standards.

3.26 	Sec. 3. Minnesota Statutes 2005 Supplement, section 120B.021, subdivision 1a, 
3.27 	is amended to read:
3.28 		Subd. 1a.Rigorous course of study; waiver. (a) Upon receiving a student's 
3.29 	application signed by the student's parent or guardian, a school district, area learning 
3.30 	center, or charter school must declare that a student meets or exceeds a specific academic 
3.31 	standard required for graduation under this section if the local school board, the school 
3.32 	board of the school district in which the area learning center is located, or the charter 
3.33 	school board of directors determines that the student:
3.34 	(1) is participating in a course of study, including an advanced placement or 
3.35 	international baccalaureate course or program; a learning opportunity outside the 
4.1 	curriculum of the district, area learning center, or charter school; or an approved 
4.2 	preparatory program for employment or postsecondary education that is equally or more 
4.3 	rigorous than the corresponding state or local academic standard required by the district, 
4.4 	area learning center, or charter school;
4.5 	(2) would be precluded from participating in the rigorous course of study, learning 
4.6 	opportunity, or preparatory employment or postsecondary education program if the student 
4.7 	were required to achieve the academic standard to be waived; and
4.8 	(3) satisfactorily completes the requirements for the rigorous course of study, 
4.9 	learning opportunity, or preparatory employment or postsecondary education program.
4.10 	Consistent with the requirements of this section, the local school board, the school board 
4.11 	of the school district in which the area learning center is located, or the charter school 
4.12 	board of directors also may formally determine other circumstances in which to declare 
4.13 	that a student meets or exceeds a specific academic standard that the site requires for 
4.14 	graduation under this section.
4.15 	(b) A student who satisfactorily completes a postsecondary enrollment options 
4.16 	course or program under section 124D.09, or an advanced placement or international 
4.17 	baccalaureate course or program under section 120B.13 is not required to complete other 
4.18 	requirements of the academic standards corresponding to that specific rigorous course 
4.19 	of study.

4.20 	EFFECTIVE DATE. This section is effective the day following final enactment. 

4.21 	Sec. 4. Minnesota Statutes 2004, section 120B.023, is amended to read:
4.22 	120B.023 BENCHMARKS.
4.23 		Subdivision 1.Benchmarks implement, supplement statewide academic 
4.24 	standards. (a) The commissioner must supplement required state academic standards with 
4.25 	grade-level benchmarks. High school benchmarks may cover more than one grade. The 
4.26 	benchmarks must implement statewide academic standards by specifying the academic 
4.27 	knowledge and skills that schools must offer and students must achieve to satisfactorily 
4.28 	complete a state standard. The commissioner must publish benchmarks are published to 
4.29 	inform and guide parents, teachers, school districts, and other interested persons and for to
4.30 	use in developing tests consistent with the benchmarks.
4.31 	(b) The commissioner shall publish benchmarks in the State Register and transmit 
4.32 	the benchmarks in any other manner that makes them accessible to the general public. The 
4.33 	commissioner may charge a reasonable fee for publications.
5.1 	(c) Once established, the commissioner may change the benchmarks only with 
5.2 	specific legislative authorization and after completing a review under paragraph (d)
5.3 	subdivision 2.
5.4 	(d) The commissioner must develop and implement a system for reviewing on 
5.5 	a four-year cycle each of the required academic standards and related benchmarks and 
5.6 	elective standards beginning in the 2006-2007 school year on a periodic cycle, consistent 
5.7 	with subdivision 2.
5.8 	(e) The benchmarks are not subject to chapter 14 and section  14.386 does not apply. 
5.9 		Subd. 2.Revisions and reviews required. (a) The education commissioner must 
5.10 	revise and appropriately embed technology and information literacy standards consistent 
5.11 	with recommendations from school media specialists into the state's academic standards 
5.12 	and graduation requirements and implement a review cycle for state academic standards 
5.13 	and related benchmarks, consistent with this subdivision. During each review cycle, the 
5.14 	commissioner also must examine the alignment of each required academic standard and 
5.15 	related benchmark with the knowledge and skills students need for college readiness and 
5.16 	advanced work in the particular subject area.
5.17 	(b) The commissioner in the 2006-2007 school year must revise and align the state's 
5.18 	academic standards and high school graduation requirements in mathematics to require 
5.19 	that students satisfactorily complete the revised mathematics standards, beginning in the 
5.20 	2010-2011 school year. Under the revised standards:
5.21 	(1) students must satisfactorily complete an algebra I credit by the end of eighth 
5.22 	grade; and
5.23 	(2) students scheduled to graduate in the 2014-2015 school year or later must 
5.24 	satisfactorily complete an algebra II credit or its equivalent.
5.25 	The commissioner also must ensure that the statewide mathematics assessments 
5.26 	administered to students in grades 3 through 8 and 11 beginning in the 2010-2011 school 
5.27 	year are aligned with the state academic standards in mathematics. The statewide 11th 
5.28 	grade math test administered to students under clause (2) beginning in the 2013-2014 
5.29 	school year must include algebra II test items that are aligned with corresponding state 
5.30 	academic standards in mathematics. The commissioner must implement a review of the 
5.31 	academic standards and related benchmarks in mathematics beginning in the 2015-2016 
5.32 	school year.
5.33 	(c) The commissioner in the 2007-2008 school year must revise and align the state's 
5.34 	academic standards and high school graduation requirements in the arts to require that 
5.35 	students satisfactorily complete the revised arts standards beginning in the 2010-2011 
6.1 	school year. The commissioner must implement a review of the academic standards and 
6.2 	related benchmarks in arts beginning in the 2016-2017 school year.
6.3 	(d) The commissioner in the 2008-2009 school year must revise and align the state's 
6.4 	academic standards and high school graduation requirements in science to require that 
6.5 	students satisfactorily complete the revised science standards, beginning in the 2011-2012 
6.6 	school year. Under the revised standards, students scheduled to graduate in the 2014-2015 
6.7 	school year or later must satisfactorily complete a chemistry or physics credit. The 
6.8 	commissioner must implement a review of the academic standards and related benchmarks 
6.9 	in science beginning in the 2017-2018 school year.
6.10 	(e) The commissioner in the 2009-2010 school year must revise and align the state's 
6.11 	academic standards and high school graduation requirements in language arts to require 
6.12 	that students satisfactorily complete the revised language arts standards beginning in the 
6.13 	2012-2013 school year. The commissioner must implement a review of the academic 
6.14 	standards and related benchmarks in language arts beginning in the 2018-2019 school year.
6.15 	(f) The commissioner in the 2010-2011 school year must revise and align the state's 
6.16 	academic standards and high school graduation requirements in social studies to require 
6.17 	that students satisfactorily complete the revised social studies standards beginning in the 
6.18 	2013-2014 school year. The commissioner must implement a review of the academic 
6.19 	standards and related benchmarks in social studies beginning in the 2019-2020 school year.
6.20 	(g) School districts and charter schools must revise and align local academic 
6.21 	standards and high school graduation requirements in health, physical education, world 
6.22 	languages and career and technical education to require students to complete the revised 
6.23 	standards beginning in a school year determined by the school district or charter school. 
6.24 	School districts and charter schools must formally establish a periodic review cycle for the 
6.25 	academic standards and related benchmarks in health, physical education, world languages 
6.26 	and career and technical education.

6.27 	EFFECTIVE DATE. This section is effective the day following final enactment.

6.28 	Sec. 5. Minnesota Statutes 2004, section 120B.024, is amended to read:
6.29 	120B.024 GRADUATION REQUIREMENTS; COURSE CREDITS; 
6.30 	STUDENT TRANSFERS.
6.31 	(a) Students beginning 9th grade in the 2004-2005 school year and later must 
6.32 	successfully complete the following high school level course credits for graduation:
6.33 	(1) four credits of language arts;
7.1 	(2) three credits of mathematics, encompassing at least algebra, geometry, statistics, 
7.2 	and probability sufficient to satisfy the academic standard and beginning the 2010-2011 
7.3 	school year for students scheduled to graduate in the 2014-2015 school year or later, one 
7.4 	algebra II credit or its equivalent;
7.5 	(3) three credits of science, including at least one credit in biology and for the 
7.6 	2011-2012 school year and later, one credit in chemistry or physics;
7.7 	(4) three and one-half credits of social studies, encompassing at least United 
7.8 	States history, geography, government and citizenship, world history, and economics or 
7.9 	three credits of social studies encompassing at least United States history, geography, 
7.10 	government and citizenship, and world history, and one-half credit of economics taught in 
7.11 	a school's social studies, agriculture education, or business department;
7.12 	(5) one credit in the arts; and
7.13 	(6) one-half credit in physical education and one-half credit in health education; and
7.14 	(7) a minimum of seven six elective course credits.
7.15 	(b) A course credit is equivalent to a student successfully completing an academic 
7.16 	year of study or a student mastering the applicable subject matter, as determined by the 
7.17 	local school district.
7.18 	(c) An agriculture science course may fulfill a science credit requirement under 
7.19 	this section.
7.20 	(d) A district, area learning center, and charter school must establish processes by 
7.21 	which to transfer as completed:
7.22 	(1) those course credit requirements that other school sites within the district or 
7.23 	other public schools verify on transcripts as completed; and
7.24 	(2) the work that educational institutions outside the state accept for completing the 
7.25 	equivalent of course credit requirements and verify on transcripts as completed.

7.26 	EFFECTIVE DATE. This section is effective the day following final enactment.

7.27 	Sec. 6. Minnesota Statutes 2005 Supplement, section 120B.131, subdivision 2, is 
7.28 	amended to read:
7.29 		Subd. 2.Reimbursement for examination fees. The state may reimburse 
7.30 	college-level examination program (CLEP) fees for a Minnesota public or nonpublic
7.31 	high school student who has successfully completed one or more college-level courses 
7.32 	in high school and earned a satisfactory score on one or more CLEP examinations in the 
7.33 	subject matter of each examination in the following subjects: composition and literature, 
7.34 	mathematics and science, social sciences and history, foreign languages, and business and 
7.35 	humanities. The state may reimburse each successful student for up to six examination 
8.1 	fees. The commissioner shall establish application procedures and a process and schedule 
8.2 	for fee reimbursements. The commissioner must give priority to reimburse the CLEP 
8.3 	examination fees of students of low-income families.

8.4 	Sec. 7. [121A.02] SCHOOL SAFETY.
8.5 		Subdivision 1.School safety advisory council. A School Safety Advisory Council 
8.6 	is established under section 15.059.  The advisory council is composed of 12 members 
8.7 	representing law enforcement agencies, mental health services, substance abuse services, 
8.8 	faith communities, school administrators, students, and school athletic departments and 
8.9 	extracurricular organizations. The members of the council shall be appointed by the 
8.10 	commissioner and must be from geographically diverse regions of the state.
8.11 		Subd. 2.Duties. The advisory council shall advise the commissioner on issues 
8.12 	related to school safety.  The advisory council, in cooperation with the commissioner, 
8.13 	shall make recommendations for the creation of a Center for School Safety for the state 
8.14 	that serves as the central point for the collection and dissemination of information about 
8.15 	successful school safety programs, provide services to schools to assess current school 
8.16 	environments, and provide materials, training, and technical assistance.
8.17 		Subd. 3.Center for school safety. Consistent with the recommendations of 
8.18 	the advisory council, the commissioner shall establish the Center for School Safety. 
8.19 	The advisory council shall continue to advise the commissioner and the center on its 
8.20 	operations. The Center for School Safety shall, at a minimum:
8.21 	(1) establish a clearinghouse for information and materials concerning school safety;
8.22 	(2) provide safe school assessments;
8.23 	(3) provide training and technical assistance customized to individual school needs 
8.24 	for school staff, students, and parents;
8.25 	(4) provide services to enhance school climate;
8.26 	(5) coordinate school efforts with the broader community; and
8.27 	(6) evaluate and report on the implementation and effectiveness of the services 
8.28 	provided by the center.

8.29 	Sec. 8. Minnesota Statutes 2004, section 121A.035, is amended to read:
8.30 	121A.035 CRISIS MANAGEMENT POLICY.
8.31 		Subdivision 1.Model policy. By December 1, 1999, The commissioner shall 
8.32 	maintain and make available to school boards and charter schools a model crisis 
8.33 	management policy that includes, among other items, school lock-down and tornado drills, 
8.34 	consistent with subdivision 2, and school fire drills under section 299F.30.
9.1 		Subd. 2.School district and charter school policy. By July 1, 2000, A school 
9.2 	board and a charter school must adopt a district crisis management policy to address 
9.3 	potential violent crisis situations in the district or charter school. The policy must be 
9.4 	developed in consultation cooperatively with administrators, teachers, employees, 
9.5 	students, parents, community members, law enforcement agencies, other emergency 
9.6 	management officials, county attorney offices, social service agencies, emergency medical 
9.7 	responders, and any other appropriate individuals or organizations. The policy must 
9.8 	include at least five school lock-down drills, five school fire drills consistent with section 
9.9 	299F.30, and one tornado drill.

9.10 	EFFECTIVE DATE. This section is effective for the 2006-2007 school year and 
9.11 	later.

9.12 	Sec. 9. [121A.231] COMPREHENSIVE FAMILY LIFE AND SEXUALITY 
9.13 	EDUCATION PROGRAMS.
9.14 		 Subdivision 1.Definitions. (a) "Comprehensive family life and sexuality education" 
9.15 	means education in grades 7 through 12 that:
9.16 	 (1) respects community values and encourages family communication;
9.17 	 (2) develops skills in communication, decision making, and conflict resolution;
9.18 	 (3) contributes to healthy relationships;
9.19 	 (4) provides human development and sexuality education that is age appropriate 
9.20 	and medically accurate;
9.21 	(5) includes an abstinence-first approach to delaying initiation of sexual activity that 
9.22 	emphasizes abstinence while also including education about the use of protection and 
9.23 	contraception; and
9.24 	 (6) promotes individual responsibility.
9.25 	 (b) "Age appropriate" refers to topics, messages, and teaching methods suitable to 
9.26 	particular ages or age groups of children and adolescents, based on developing cognitive, 
9.27 	emotional, and behavioral capacity typical for the age or age group.
9.28 	 (c) "Medically accurate" means verified or supported by research conducted in 
9.29 	compliance with scientific methods and published in peer-reviewed journals, where 
9.30 	appropriate, and recognized as accurate and objective by professional organizations 
9.31 	and agencies in the relevant field, such as the federal Centers for Disease Control 
9.32 	and Prevention, the American Public Health Association, the American Academy of 
9.33 	Pediatrics, or the American College of Obstetricians and Gynecologists.
9.34 		 Subd. 2.Curriculum requirements. (a) A school district may offer and may 
9.35 	independently establish policies, procedures, curriculum, and services for providing 
10.1 	comprehensive family life and sexuality education that is age appropriate and medically 
10.2 	accurate for kindergarten through grade 6.
10.3 	 (b) A school district must offer and may independently establish policies, procedures, 
10.4 	curriculum, and services for providing comprehensive family life and sexuality education 
10.5 	that is age appropriate and medically accurate for grades 7 through 12.
10.6 		 Subd. 3.Notice and parental options. (a) It is the legislature's intent to encourage 
10.7 	pupils to communicate with their parents or guardians about human sexuality and to respect 
10.8 	rights of parents or guardians to supervise their children's education on these subjects.
10.9 	 (b) Parents or guardians may excuse their children from all or part of a 
10.10 	comprehensive family life and sexuality education program.
10.11 	 (c) A school district must establish procedures for providing parents or guardians 
10.12 	reasonable notice with the following information:
10.13 	 (1) if the district is offering a comprehensive family life and sexuality education 
10.14 	program to the parents' or guardians' child during the course of the year;
10.15 	 (2) how the parents or guardians may inspect the written and audio/visual 
10.16 	educational materials used in the program and the process for inspection;
10.17 	 (3) if the program is presented by school district personnel or outside consultants, 
10.18 	and if outside consultants are used, who they may be; and 
10.19 	 (4) parents' or guardians' right to choose not to have their child participate in the 
10.20 	program and the procedure for exercising that right.
10.21 	 (d) A school district must establish procedures for reasonably restricting the 
10.22 	availability of written and audio/visual educational materials from public view of students 
10.23 	who have been excused from all or part of a comprehensive family life and sexuality 
10.24 	education program at the request of a parent or guardian.
10.25 		 Subd. 4.Assistance to school districts. (a) The Department of Education may 
10.26 	offer services to school districts to help them implement effective comprehensive family 
10.27 	life and sexuality education programs.  In providing these services, the department may 
10.28 	contract with a school district, or a school district in partnership with a local health agency 
10.29 	or a nonprofit organization, to establish up to eight regional training sites, taking into 
10.30 	account geographical balance, to provide:
10.31 	 (1) training for teachers, parents, and community members in the development of 
10.32 	comprehensive family life and sexuality education curriculum or services and in planning 
10.33 	for monitoring and evaluation activities;
10.34 	 (2) resource staff persons to provide expert training, curriculum development and 
10.35 	implementation, and evaluation services;
11.1 	 (3) technical assistance to promote and coordinate community, parent, and youth 
11.2 	forums in communities identified as having high needs for comprehensive family life 
11.3 	and sexuality education;
11.4 	 (4) technical assistance for issue management and policy development training for 
11.5 	school boards, superintendents, principals, and administrators across the state; and 
11.6 	 (5) funding for grants to school-based comprehensive family life and sexuality 
11.7 	education programs to promote innovation and to recognize outstanding performance and 
11.8 	promote replication of demonstrably effective strategies.
11.9 	 (b) Technical assistance provided by the department to school districts or regional 
11.10 	training sites may:
11.11 	 (1) promote instruction and use of materials that are age appropriate;
11.12 	 (2) provide information that is medically accurate and objective;
11.13 	 (3) provide instruction and promote use of materials that are respectful of marriage 
11.14 	and commitments in relationships;
11.15 	 (4) provide instruction and promote use of materials that are appropriate for use 
11.16 	with pupils and family experiences based on race, gender, sexual orientation, ethnic 
11.17 	and cultural background, and appropriately accommodate alternative learning based on 
11.18 	language or disability;
11.19 	 (5) provide instruction and promote use of materials that encourage pupils to 
11.20 	communicate with their parents or guardians about human sexuality;
11.21 	 (6) provide instruction and promote use of age-appropriate materials that teach 
11.22 	abstinence from sexual intercourse as the only certain way to prevent unintended 
11.23 	pregnancy or sexually transmitted infections, including HIV, and provide information 
11.24 	about the role and value of abstinence while also providing medically accurate information 
11.25 	on other methods of preventing and reducing risk for unintended pregnancy and sexually 
11.26 	transmitted infections;
11.27 	 (7) provide instruction and promote use of age-appropriate materials that are 
11.28 	medically accurate in explaining transmission modes, risks, symptoms, and treatments for 
11.29 	sexually transmitted infections, including HIV;
11.30 	 (8) provide instruction and promote use of age-appropriate materials that address 
11.31 	varied societal views on sexuality, sexual behaviors, pregnancy, and sexually transmitted 
11.32 	infections, including HIV, in an age-appropriate manner;
11.33 	 (9) provide instruction and promote use of age-appropriate materials that provide 
11.34 	information about the effectiveness and safety of all FDA-approved methods for 
11.35 	preventing and reducing risk for unintended pregnancy and sexually transmitted 
11.36 	infections, including HIV;
12.1 	 (10) provide instruction and promote use of age-appropriate materials that provide 
12.2 	instruction in skills for making and implementing responsible decisions about sexuality;
12.3 	 (11) provide instruction and promote use of age-appropriate materials that provide 
12.4 	instruction in skills for making and implementing responsible decisions about finding and 
12.5 	using health services; and 
12.6 	 (12) provide instruction and promote use of age-appropriate materials that do not 
12.7 	teach or promote religious doctrine nor reflect or promote bias against any person on the 
12.8 	basis of any category protected under the Minnesota Human Rights Act, chapter 363A.

12.9 	Sec. 10. Minnesota Statutes 2004, section 122A.09, subdivision 4, is amended to read:
12.10 		Subd. 4.License and rules. (a) The board must adopt rules to license public school 
12.11 	teachers and interns subject to chapter 14.
12.12 	(b) The board must adopt rules requiring a person to successfully complete a skills 
12.13 	examination in reading, writing, and mathematics as a requirement for initial teacher 
12.14 	licensure. Such rules must require college and universities offering a board-approved 
12.15 	teacher preparation program to provide remedial assistance to persons who did not 
12.16 	achieve a qualifying score on the skills examination, including those for whom English is 
12.17 	a second language.
12.18 	(c) The board must adopt rules to approve teacher preparation programs. The board, 
12.19 	upon the request of a postsecondary student preparing for teacher licensure or a licensed 
12.20 	graduate of a teacher preparation program, shall assist in resolving a dispute between the 
12.21 	person and a postsecondary institution providing a teacher preparation program when the 
12.22 	dispute involves an institution's recommendation for licensure affecting the person or the 
12.23 	person's credentials. At the board's discretion, assistance may include the application 
12.24 	of chapter 14.
12.25 	(d) The board must provide the leadership and shall adopt rules for the redesign of 
12.26 	teacher education programs to implement a research based, results-oriented curriculum that 
12.27 	focuses on the skills teachers need in order to be effective. The board shall implement new 
12.28 	systems of teacher preparation program evaluation to assure program effectiveness based 
12.29 	on proficiency of graduates in demonstrating attainment of program outcomes. The board 
12.30 	must require that persons enrolled in a teacher preparation program receive instruction 
12.31 	in historical and cultural competencies related to Minnesota American Indian tribes and 
12.32 	communities and their contributions to Minnesota, consistent with sections 124D.71 to 
12.33 	124D.82. The competencies related to Minnesota American Indian tribes and communities 
12.34 	must include, among other components, standards for instructional practices most effective 
12.35 	for successfully teaching elementary and secondary American Indian students.
13.1 	(e) The board must adopt rules requiring successful completion of an examination 
13.2 	of general pedagogical knowledge and examinations of licensure-specific teaching 
13.3 	skills. The rules shall be effective on the dates determined by the board but not later 
13.4 	than September 1, 2001.
13.5 	(f) The board must adopt rules requiring teacher educators to work directly with 
13.6 	elementary or secondary school teachers in elementary or secondary schools to obtain 
13.7 	periodic exposure to the elementary or secondary teaching environment.
13.8 	(g) The board must grant licenses to interns and to candidates for initial licenses.
13.9 	(h) The board must design and implement an assessment system which requires a 
13.10 	candidate for an initial license and first continuing license to demonstrate the abilities 
13.11 	necessary to perform selected, representative teaching tasks at appropriate levels.
13.12 	(i) The board must receive recommendations from local committees as established 
13.13 	by the board for the renewal of teaching licenses.
13.14 	(j) The board must grant life licenses to those who qualify according to requirements 
13.15 	established by the board, and suspend or revoke licenses pursuant to sections  122A.20 and  
13.16 	214.10. The board must not establish any expiration date for application for life licenses. 
13.17 	(k) The board must adopt rules that require all licensed teachers who are renewing 
13.18 	their continuing license to include in their renewal requirements further preparation in 
13.19 	the areas of using positive behavior interventions and in accommodating, modifying, and 
13.20 	adapting curricula, materials, and strategies to appropriately meet the needs of individual 
13.21 	students and ensure adequate progress toward the state's graduation rule.
13.22 	(l) In adopting rules to license public school teachers who provide health-related 
13.23 	services for disabled children, the board shall adopt rules consistent with license or 
13.24 	registration requirements of the commissioner of health and the health-related boards who 
13.25 	license personnel who perform similar services outside of the school.
13.26 	(m) The board must adopt rules that require all licensed teachers who are renewing 
13.27 	their continuing license to include in their renewal requirements further reading 
13.28 	preparation, consistent with section  122A.06, subdivision 4. The rules do not take effect 
13.29 	until they are approved by law. Teachers who do not provide direct instruction including, at 
13.30 	least, counselors, school psychologists, school nurses, school social workers, audiovisual 
13.31 	directors and coordinators, and recreation personnel are exempt from this section. 
13.32 	(n) The board must adopt rules that require all licensed teachers who are renewing 
13.33 	their continuing license to include in their renewal requirements further preparation 
13.34 	in understanding the key warning signs of early-onset mental illness in children and 
13.35 	adolescents.
14.1 	(o) The board must adopt rules to include instruction and other development 
14.2 	activities to improve the understanding and effective instruction of and communication 
14.3 	with Minnesota American Indian tribes and communities, consistent with paragraph (d) 
14.4 	and sections 124D.71 to 124D.82, in the 125 clock hours of professional development that 
14.5 	teachers must complete to renew their professional teaching license.

14.6 	EFFECTIVE DATE. This section is effective for the 2006-2007 school year and 
14.7 	later.

14.8 	Sec. 11. Minnesota Statutes 2005 Supplement, section 122A.414, subdivision 2b, 
14.9 	is amended to read:
14.10 		Subd. 2b.Approval process. (a) Consistent with the requirements of this section 
14.11 	and sections 122A.413 and 122A.415, the department must prepare and transmit to 
14.12 	interested school districts, intermediate school districts, school sites, and charter schools 
14.13 	a standard form for applying to participate in the alternative teacher professional pay 
14.14 	system. An interested school district, intermediate school district, school site, or charter 
14.15 	school must submit to the commissioner a completed application executed by the district 
14.16 	superintendent and the exclusive bargaining representative of the teachers if the applicant 
14.17 	is a school district, intermediate school district, or school site, or executed by the charter 
14.18 	school board of directors if the applicant is a charter school. The application must include 
14.19 	the proposed alternative teacher professional pay system agreement under subdivision 
14.20 	2. The department must convene a review committee that at least includes teachers and 
14.21 	administrators within 30 days of receiving a completed application to recommend to 
14.22 	the commissioner whether to approve or disapprove the application. The commissioner 
14.23 	must approve applications on a first-come, first-served basis. The applicant's alternative 
14.24 	teacher professional pay system agreement must be legally binding on the applicant 
14.25 	and the collective bargaining representative before the applicant receives alternative 
14.26 	compensation revenue. The commissioner must approve or disapprove an application 
14.27 	based solely on the explicit requirements under subdivisions 2 and 2a and may not impose 
14.28 	any other conditions for approval.
14.29 	(b) If the commissioner disapproves an application, the commissioner must give the 
14.30 	applicant timely notice of the specific reasons in detail for disapproving the application. 
14.31 	The applicant may revise and resubmit its application and related documents to the 
14.32 	commissioner within 30 days of receiving notice of the commissioner's disapproval and 
14.33 	the commissioner must approve or disapprove the revised application, consistent with this 
14.34 	subdivision. Applications that are revised and then approved are considered submitted on 
14.35 	the date the applicant initially submitted the application.

15.1 	Sec. 12. Minnesota Statutes 2005 Supplement, section 122A.414, subdivision 3, 
15.2 	is amended to read:
15.3 		Subd. 3.Report; continued funding. (a) Participating districts, intermediate 
15.4 	school districts, school sites, and charter schools must report on the implementation and 
15.5 	effectiveness of the alternative teacher professional pay system, particularly addressing 
15.6 	each requirement under subdivision 2 and make annual recommendations by June 15 to 
15.7 	their school boards. The school board or board of directors shall transmit a copy of the 
15.8 	report with a summary of the findings and recommendations of the district, intermediate 
15.9 	school district, school site, or charter school to the commissioner.
15.10 	(b) If the commissioner determines that a school district, intermediate school district, 
15.11 	school site, or charter school that receives alternative teacher compensation revenue is not 
15.12 	complying with the requirements of this section, the commissioner may withhold funding 
15.13 	from that participant. Before making the determination, the commissioner must notify the 
15.14 	participant of any deficiencies and provide the participant an opportunity to comply.
15.15 	(c) The commissioner's review and evaluation of an alternative teacher professional 
15.16 	pay system must be judged relative to the participant's approved plan and may not impose 
15.17 	any criteria other than are contained in the plan or the explicit requirements of this section.

15.18 	Sec. 13. Minnesota Statutes 2004, section 123B.90, subdivision 2, is amended to read:
15.19 		Subd. 2.Student training. (a) Each district must provide public school pupils 
15.20 	enrolled in kindergarten through grade 10 with age-appropriate school bus safety training, 
15.21 	as described in this section, of the following concepts:
15.22 	(1) transportation by school bus is a privilege and not a right;
15.23 	(2) district policies for student conduct and school bus safety;
15.24 	(3) appropriate conduct while on the school bus;
15.25 	(4) the danger zones surrounding a school bus;
15.26 	(5) procedures for safely boarding and leaving a school bus;
15.27 	(6) procedures for safe street or road crossing; and
15.28 	(7) school bus evacuation.
15.29 	(b) Each nonpublic school located within the district must provide all nonpublic 
15.30 	school pupils enrolled in kindergarten through grade 10 who are transported by school 
15.31 	bus at public expense and attend school within the district's boundaries with training as 
15.32 	required in paragraph (a).
15.33 	(c) Students enrolled in kindergarten through grade 6 who are transported by school 
15.34 	bus and are enrolled during the first or second week of school must receive the school bus 
15.35 	safety training competencies by the end of the third week of school. Students enrolled in 
16.1 	grades 7 through 10 who are transported by school bus and are enrolled during the first or 
16.2 	second week of school and have not previously received school bus safety training must 
16.3 	receive the training or receive bus safety instructional materials by the end of the sixth 
16.4 	week of school. Students taking driver's training instructional classes and other students in 
16.5 	grades 9 and grade 9 or 10 must receive training in the laws and proper procedures when 
16.6 	operating a motor vehicle in the vicinity of a school bus. Students enrolled in kindergarten 
16.7 	through grade 10 who enroll in a school after the second week of school and are 
16.8 	transported by school bus and have not received training in their previous school district 
16.9 	shall undergo school bus safety training or receive bus safety instructional materials 
16.10 	within four weeks of the first day of attendance. Upon request of the superintendent 
16.11 	of schools, the school transportation safety director in each district must certify to the 
16.12 	superintendent of schools annually that all students transported by school bus within 
16.13 	the district have received the school bus safety training according to this section. Upon 
16.14 	request of the superintendent of the school district where the nonpublic school is located, 
16.15 	the principal or other chief administrator of each nonpublic school must certify annually to 
16.16 	the school transportation safety director of the district in which the school is located that 
16.17 	the school's students transported by school bus at public expense have received training 
16.18 	according to this section.
16.19 	(d) A district and a nonpublic school with students transported by school bus at 
16.20 	public expense may provide kindergarten pupils with bus safety training before the first 
16.21 	day of school.
16.22 	(e) A district and a nonpublic school with students transported by school bus at 
16.23 	public expense may also provide student safety education for bicycling and pedestrian 
16.24 	safety, for students enrolled in kindergarten through grade 5.
16.25 	(f) A district and a nonpublic school with students transported by school bus at 
16.26 	public expense must make reasonable accommodations for the school bus safety training 
16.27 	of pupils known to speak English as a second language and pupils with disabilities.
16.28 	(g) The district and a nonpublic school with students transported by school bus at 
16.29 	public expense must provide students enrolled in kindergarten through grade 3 school bus 
16.30 	safety training twice during the school year.
16.31 	(h) A district and a nonpublic school with students transported by school bus at public 
16.32 	expense must conduct a school bus evacuation drill at least once during the school year.

16.33 	EFFECTIVE DATE. This section is effective July 1, 2006. 

16.34 	Sec. 14. Minnesota Statutes 2004, section 123B.91, is amended by adding a 
16.35 	subdivision to read:
17.1 		Subd. 1a.Compliance by nonpublic and charter school students. A nonpublic or 
17.2 	charter school student transported by a public school district shall comply with student bus 
17.3 	conduct and student bus discipline policies of the transporting public school district.

17.4 	EFFECTIVE DATE. This section is effective July 1, 2006. 

17.5 	Sec. 15. Minnesota Statutes 2005 Supplement, section 123B.92, subdivision 1, is 
17.6 	amended to read:
17.7 		Subdivision 1.Definitions. For purposes of this section and section 125A.76, the 
17.8 	terms defined in this subdivision have the meanings given to them.
17.9 	(a) "Actual expenditure per pupil transported in the regular and excess transportation 
17.10 	categories" means the quotient obtained by dividing:
17.11 	(1) the sum of:
17.12 	(i) all expenditures for transportation in the regular category, as defined in paragraph 
17.13 	(b), clause (1), and the excess category, as defined in paragraph (b), clause (2), plus
17.14 	(ii) an amount equal to one year's depreciation on the district's school bus fleet 
17.15 	and mobile units computed on a straight line basis at the rate of 15 percent per year for 
17.16 	districts operating a program under section 124D.128 for grades 1 to 12 for all students in 
17.17 	the district and 12-1/2 percent per year for other districts of the cost of the fleet, plus
17.18 	(iii) an amount equal to one year's depreciation on the district's type three school 
17.19 	buses, as defined in section 169.01, subdivision 6, clause (5), which must be used a 
17.20 	majority of the time for pupil transportation purposes, computed on a straight line basis at 
17.21 	the rate of 20 percent per year of the cost of the type three school buses by:
17.22 	(2) the number of pupils eligible for transportation in the regular category, as defined 
17.23 	in paragraph (b), clause (1), and the excess category, as defined in paragraph (b), clause (2).
17.24 	(b) "Transportation category" means a category of transportation service provided to 
17.25 	pupils as follows:
17.26 	(1) Regular transportation is:
17.27 	(i) transportation to and from school during the regular school year for resident 
17.28 	elementary pupils residing one mile or more from the public or nonpublic school they 
17.29 	attend, and resident secondary pupils residing two miles or more from the public 
17.30 	or nonpublic school they attend, excluding desegregation transportation and noon 
17.31 	kindergarten transportation; but with respect to transportation of pupils to and from 
17.32 	nonpublic schools, only to the extent permitted by sections 123B.84 to 123B.87;
17.33 	(ii) transportation of resident pupils to and from language immersion programs;
18.1 	(iii) transportation of a pupil who is a custodial parent and that pupil's child between 
18.2 	the pupil's home and the child care provider and between the provider and the school, if 
18.3 	the home and provider are within the attendance area of the school;
18.4 	(iv) transportation to and from or board and lodging in another district, of resident 
18.5 	pupils of a district without a secondary school; and
18.6 	(v) transportation to and from school during the regular school year required under 
18.7 	subdivision 3 for nonresident elementary pupils when the distance from the attendance 
18.8 	area border to the public school is one mile or more, and for nonresident secondary pupils 
18.9 	when the distance from the attendance area border to the public school is two miles or 
18.10 	more, excluding desegregation transportation and noon kindergarten transportation.
18.11 	For the purposes of this paragraph, a district may designate a licensed day care 
18.12 	facility, school day care facility, respite care facility, the residence of a relative, or the 
18.13 	residence of a person chosen by the pupil's parent or guardian as the home of a pupil for 
18.14 	part or all of the day, if requested by the pupil's parent or guardian, and if that facility or 
18.15 	residence is within the attendance area of the school the pupil attends.
18.16 	(2) Excess transportation is:
18.17 	(i) transportation to and from school during the regular school year for resident 
18.18 	secondary pupils residing at least one mile but less than two miles from the public or 
18.19 	nonpublic school they attend, and transportation to and from school for resident pupils 
18.20 	residing less than one mile from school who are transported because of extraordinary 
18.21 	traffic, drug, or crime hazards; and
18.22 	(ii) transportation to and from school during the regular school year required under 
18.23 	subdivision 3 for nonresident secondary pupils when the distance from the attendance area 
18.24 	border to the school is at least one mile but less than two miles from the public school 
18.25 	they attend, and for nonresident pupils when the distance from the attendance area border 
18.26 	to the school is less than one mile from the school and who are transported because of 
18.27 	extraordinary traffic, drug, or crime hazards.
18.28 	(3) Desegregation transportation is transportation within and outside of the district 
18.29 	during the regular school year of pupils to and from schools located outside their normal 
18.30 	attendance areas under a plan for desegregation mandated by the commissioner or under 
18.31 	court order.
18.32 	(4) "Transportation services for pupils with disabilities" is:
18.33 	(i) transportation of pupils with disabilities who cannot be transported on a regular 
18.34 	school bus between home or a respite care facility and school;
18.35 	(ii) necessary transportation of pupils with disabilities from home or from school to 
18.36 	other buildings, including centers such as developmental achievement centers, hospitals, 
19.1 	and treatment centers where special instruction or services required by sections 125A.03
19.2 	to 125A.24, 125A.26 to 125A.48, and 125A.65 are provided, within or outside the district 
19.3 	where services are provided;
19.4 	(iii) necessary transportation for resident pupils with disabilities required by sections 
19.5 	125A.12, and 125A.26 to 125A.48;
19.6 	(iv) board and lodging for pupils with disabilities in a district maintaining special 
19.7 	classes;
19.8 	(v) transportation from one educational facility to another within the district for 
19.9 	resident pupils enrolled on a shared-time basis in educational programs, and necessary 
19.10 	transportation required by sections 125A.18, and 125A.26 to 125A.48, for resident pupils 
19.11 	with disabilities who are provided special instruction and services on a shared-time basis 
19.12 	or if resident pupils are not transported, the costs of necessary travel between public 
19.13 	and private schools or neutral instructional sites by essential personnel employed by the 
19.14 	district's program for children with a disability;
19.15 	(vi) transportation for resident pupils with disabilities to and from board and lodging 
19.16 	facilities when the pupil is boarded and lodged for educational purposes; and
19.17 	(vii) services described in clauses (i) to (vi), when provided for pupils with 
19.18 	disabilities in conjunction with a summer instructional program that relates to the pupil's 
19.19 	individual education plan or in conjunction with a learning year program established 
19.20 	under section 124D.128.
19.21 	For purposes of computing special education base revenue under section 125A.76, 
19.22 	subdivision 2, the cost of providing transportation for children with disabilities includes 
19.23 	(A) the additional cost of transporting a homeless student from a temporary nonshelter 
19.24 	home in another district to the school of origin, or a formerly homeless student from a 
19.25 	permanent home in another district to the school of origin but only through the end of the 
19.26 	academic year; and (B) depreciation on district-owned school buses purchased after July 1, 
19.27 	2005, and used primarily for transportation of pupils with disabilities, calculated according 
19.28 	to paragraph (a), clauses (ii) and (iii). Depreciation costs included in the disabled 
19.29 	transportation category must be excluded in calculating the actual expenditure per pupil 
19.30 	transported in the regular and excess transportation categories according to paragraph (a).
19.31 	(5) "Nonpublic nonregular transportation" is:
19.32 	(i) transportation from one educational facility to another within the district for 
19.33 	resident pupils enrolled on a shared-time basis in educational programs, excluding 
19.34 	transportation for nonpublic pupils with disabilities under clause (4);
20.1 	(ii) transportation within district boundaries between a nonpublic school and a 
20.2 	public school or a neutral site for nonpublic school pupils who are provided pupil support 
20.3 	services pursuant to section 123B.44; and
20.4 	(iii) late transportation home from school or between schools within a district for 
20.5 	nonpublic school pupils involved in after-school activities.
20.6 	(c) "Mobile unit" means a vehicle or trailer designed to provide facilities for 
20.7 	educational programs and services, including diagnostic testing, guidance and counseling 
20.8 	services, and health services. A mobile unit located off nonpublic school premises is a 
20.9 	neutral site as defined in section 123B.41, subdivision 13.

20.10 	EFFECTIVE DATE. This section is effective July 1, 2006.

20.11 	Sec. 16. Minnesota Statutes 2005 Supplement, section 123B.92, subdivision 5, is 
20.12 	amended to read:
20.13 		Subd. 5.District reports. (a) Each district must report data to the department as 
20.14 	required by the department to account for transportation expenditures.
20.15 	(b) Salaries and fringe benefits of district employees whose primary duties are 
20.16 	other than transportation, including central office administrators and staff, building 
20.17 	administrators and staff, teachers, social workers, school nurses, and instructional aides, 
20.18 	must not be included in a district's transportation expenditures, except that a district may 
20.19 	include salaries and benefits according to paragraph (c) for (1) an employee designated 
20.20 	as the district transportation director, (2) an employee providing direct support to the 
20.21 	transportation director, or (3) an employee providing direct transportation services such as 
20.22 	a bus driver or bus aide.
20.23 	(c) Salaries and fringe benefits of other the district employees listed in paragraph 
20.24 	(b), clauses (1), (2), and (3), who work part time in transportation and part time in other 
20.25 	areas must not be included in a district's transportation expenditures unless the district 
20.26 	maintains documentation of the employee's time spent on pupil transportation matters in 
20.27 	the form and manner prescribed by the department.
20.28 	(d) Pupil transportation expenditures, excluding expenditures for capital outlay, 
20.29 	leased buses, student board and lodging, crossing guards, and aides on buses, must 
20.30 	be allocated among transportation categories based on cost-per-mile, cost-per-student, 
20.31 	cost-per-hour, or cost-per-route, regardless of whether the transportation services are 
20.32 	provided on district-owned or contractor-owned school buses.  Districts using contracted 
20.33 	services will be exempt from the standard cost allocation method for authorized categories 
20.34 	if the district's cost-per-mile, cost-per-hour, or cost-per-route for authorized categories 
20.35 	does not vary more than 15 percent among authorized categories, excluding salaries and 
21.1 	fringe benefits of bus aides. Both district-owned and contractor-owned operations shall 
21.2 	report a cost-per-mile, cost-per-hour, or cost-per-route for nonauthorized categories that is 
21.3 	within 15 percent of what is used for authorized categories, excluding salaries and fringe 
21.4 	benefits of bus aides. If the costs reported by either district-owned or contractor-owned 
21.5 	operations vary more than the parameters outlined above, the department can require 
21.6 	the district to reallocate its transportation costs among categories. Expenditures for 
21.7 	school bus driver salaries and fringe benefits may either be directly charged to the 
21.8 	appropriate transportation category or may be allocated among transportation categories 
21.9 	based on cost-per-mile, cost-per-student, cost-per-hour, or cost-per-route. Expenditures 
21.10 	by private contractors or individuals who provide transportation exclusively in one 
21.11 	transportation category must be charged directly to the appropriate transportation category. 
21.12 	Transportation services provided by contractor-owned school bus companies incorporated 
21.13 	under different names but owned by the same individual or group of individuals must be 
21.14 	treated as the same company for cost allocation purposes.

21.15 	EFFECTIVE DATE. This section is effective for fiscal year 2006. 

21.16 	Sec. 17. Minnesota Statutes 2004, section 124D.095, subdivision 3, is amended to read:
21.17 		Subd. 3.Authorization; notice; limitations on enrollment. (a) A student may 
21.18 	apply to an on-line learning provider to enroll in on-line learning. A student age 17 or 
21.19 	younger must have the written consent of a parent or guardian to apply. No school district 
21.20 	or charter school may prohibit a student from applying to enroll in on-line learning. An 
21.21 	on-line learning provider that accepts a student under this section must, within ten days, 
21.22 	notify the student and the enrolling district if the enrolling district is not the on-line 
21.23 	learning provider. The notice must report the student's course or program and hours 
21.24 	of instruction.
21.25 	(b) An on-line learning student must notify the enrolling district at least 30 45
21.26 	days before taking an on-line learning course or program if the enrolling district is not 
21.27 	providing the on-line learning. An on-line learning provider must notify the commissioner 
21.28 	that it is delivering on-line learning and report the number of on-line learning students it is 
21.29 	accepting and the on-line learning courses and programs it is delivering.
21.30 	(c) An on-line learning provider may limit enrollment if the provider's school board 
21.31 	or board of directors adopts by resolution specific standards for accepting and rejecting 
21.32 	students' applications.
21.33 	(d) An enrolling district may reduce an on-line learning student's regular classroom 
21.34 	instructional membership in proportion to the student's membership in on-line learning 
21.35 	courses.

22.1 	Sec. 18. Minnesota Statutes 2005 Supplement, section 124D.095, subdivision 4, 
22.2 	is amended to read:
22.3 		Subd. 4.Online learning parameters. (a) An online learning student must receive 
22.4 	academic credit for completing the requirements of an online learning course or program. 
22.5 	Secondary credits granted to an online learning student must be counted toward the 
22.6 	graduation and credit requirements of the enrolling district. The enrolling district must 
22.7 	apply the same graduation requirements to all students, including online learning students, 
22.8 	and must continue to provide nonacademic services to online learning students. If a 
22.9 	student completes an online learning course or program that meets or exceeds a graduation 
22.10 	standard or grade progression requirement at the enrolling district, that standard or 
22.11 	requirement is met. The enrolling district must use the same criteria for accepting online 
22.12 	learning credits or courses as it does for accepting credits or courses for transfer students 
22.13 	under section 124D.03, subdivision 9. The enrolling district may reduce the teacher 
22.14 	contact time of an online learning student in proportion to the number of online learning 
22.15 	courses the student takes from an online learning provider that is not the enrolling district.
22.16 	(b) An online learning student may:
22.17 	(1) enroll during a single school year in a maximum of 12 semester-long courses or 
22.18 	their equivalent delivered by an online learning provider or the enrolling district;
22.19 	(2) complete course work at a grade level that is different from the student's current 
22.20 	grade level; and
22.21 	(3) enroll in additional courses with the online learning provider under a separate 
22.22 	agreement that includes terms for payment of any tuition or course fees.
22.23 	(c) A student with a disability may enroll in an online learning course or program 
22.24 	if the student's IEP team determines that online learning is appropriate education for 
22.25 	the student.
22.26 	(d)(c) An online learning student has the same access to the computer hardware 
22.27 	and education software available in a school as all other students in the enrolling district. 
22.28 	An online learning provider must assist an online learning student whose family qualifies 
22.29 	for the education tax credit under section 290.0674 to acquire computer hardware and 
22.30 	educational software for online learning purposes.
22.31 	(e)(d) An enrolling district may offer online learning to its enrolled students. 
22.32 	Such online learning does not generate online learning funds under this section. An 
22.33 	enrolling district that offers online learning only to its enrolled students is not subject 
22.34 	to the reporting requirements or review criteria under subdivision 7. A teacher with a 
22.35 	Minnesota license must assemble and deliver instruction to enrolled students receiving 
22.36 	online learning from an enrolling district. The delivery of instruction occurs when the 
23.1 	student interacts with the computer or the teacher and receives ongoing assistance and 
23.2 	assessment of learning. The instruction may include curriculum developed by persons 
23.3 	other than a teacher with a Minnesota license.
23.4 	(f)(e) An online learning provider that is not the enrolling district is subject to 
23.5 	the reporting requirements and review criteria under subdivision 7. A teacher with a 
23.6 	Minnesota license must assemble and deliver instruction to online learning students. The 
23.7 	delivery of instruction occurs when the student interacts with the computer or the teacher 
23.8 	and receives ongoing assistance and assessment of learning. The instruction may include 
23.9 	curriculum developed by persons other than a teacher with a Minnesota license. Unless 
23.10 	the commissioner grants a waiver, a teacher providing online learning instruction must not 
23.11 	instruct more than 40 students in any one online learning course or program.

23.12 	Sec. 19. Minnesota Statutes 2004, section 124D.10, subdivision 16, is amended to read:
23.13 		Subd. 16.Transportation. (a) By July 1 of eachyear, a charter schoolA charter 
23.14 	school after its first fiscal year of operation by March 1 of each fiscal year and a charter 
23.15 	school by July 1 of its first fiscal year of operation must notify the district in which the 
23.16 	school is located and the Department of Education if it will provide transportation for 
23.17 	pupils enrolled in the school its own transportation or use the transportation services of the 
23.18 	district in which it is located for the fiscal year.
23.19 	(b) If a charter school elects to provide transportation for pupils, the transportation 
23.20 	must be provided by the charter school within the district in which the charter school is 
23.21 	located. The state must pay transportation aid to the charter school according to section  
23.22 	124D.11, subdivision 2. 
23.23 	For pupils who reside outside the district in which the charter school is located, the 
23.24 	charter school is not required to provide or pay for transportation between the pupil's 
23.25 	residence and the border of the district in which the charter school is located. A parent 
23.26 	may be reimbursed by the charter school for costs of transportation from the pupil's 
23.27 	residence to the border of the district in which the charter school is located if the pupil is 
23.28 	from a family whose income is at or below the poverty level, as determined by the federal 
23.29 	government. The reimbursement may not exceed the pupil's actual cost of transportation 
23.30 	or 15 cents per mile traveled, whichever is less. Reimbursement may not be paid for 
23.31 	more than 250 miles per week.
23.32 	At the time a pupil enrolls in a charter school, the charter school must provide the 
23.33 	parent or guardian with information regarding the transportation.
23.34 	(c) If a charter school does not elect to provide transportation, transportation for 
23.35 	pupils enrolled at the school must be provided by the district in which the school is 
24.1 	located, according to sections  123B.88, subdivision 6, and  124D.03, subdivision 8, for a 
24.2 	pupil residing in the same district in which the charter school is located. Transportation 
24.3 	may be provided by the district in which the school is located, according to sections  
24.4 	123B.88, subdivision 6, and  124D.03, subdivision 8, for a pupil residing in a different 
24.5 	district. If the district provides the transportation, the scheduling of routes, manner and 
24.6 	method of transportation, control and discipline of the pupils, and any other matter relating 
24.7 	to the transportation of pupils under this paragraph shall be within the sole discretion, 
24.8 	control, and management of the district. 

24.9 	Sec. 20. Minnesota Statutes 2004, section 124D.61, is amended to read:
24.10 	124D.61 GENERAL REQUIREMENTS FOR PROGRAMS.
24.11 	A district which receives aid pursuant to section  124D.65 must comply with that 
24.12 	enrolls one or more children of limited English proficiency must implement an educational 
24.13 	program that includes at a minimum the following program requirements: 
24.14 	(1) identification and reclassification criteria for children of limited English 
24.15 	proficiency and program entrance and exit criteria for children with limited English 
24.16 	proficiency must be documented by the district, applied uniformly to children of limited 
24.17 	English proficiency, and made available to parents and other stakeholders upon request;
24.18 	(2) a written plan of services that describes programming by English proficiency 
24.19 	level made available to parents upon request. The plan must articulate the amount and 
24.20 	scope of service offered to children of limited English proficiency through an educational 
24.21 	program for children of limited English proficiency;
24.22 	(3) professional development opportunities for ESL, bilingual education, 
24.23 	mainstream, and all staff working with children of limited English proficiency which are: 
24.24 	(i) coordinated with the district's professional development activities; (ii) related to the 
24.25 	needs of children of limited English proficiency; and (iii) ongoing;
24.26 	(4) to the extent possible, the district must avoid isolating children of limited English 
24.27 	proficiency for a substantial part of the school day; and
24.28 	(2) (5) in predominantly nonverbal subjects, such as art, music, and physical 
24.29 	education, permit pupils of limited English proficiency shall be permitted to participate 
24.30 	fully and on an equal basis with their contemporaries in public school classes provided 
24.31 	for these subjects. To the extent possible, the district must assure to pupils enrolled in a 
24.32 	program for limited English proficient students an equal and meaningful opportunity to 
24.33 	participate fully with other pupils in all extracurricular activities.

24.34 	Sec. 21. Minnesota Statutes 2004, section 169.01, subdivision 6, is amended to read:
25.1 		Subd. 6.School bus. "School bus" means a motor vehicle used to transport pupils 
25.2 	to or from a school defined in section  120A.22, or to or from school-related activities, by 
25.3 	the school or a school district, or by someone under an agreement with the school or a 
25.4 	school district. A school bus does not include a motor vehicle transporting children to or 
25.5 	from school for which parents or guardians receive direct compensation from a school 
25.6 	district, a motor coach operating under charter carrier authority, a transit bus providing 
25.7 	services as defined in section  174.22, subdivision 7, a multifunction school activity bus 
25.8 	as defined by federal motor vehicle safety standards, or a vehicle otherwise qualifying 
25.9 	as a type III vehicle under paragraph (5), when the vehicle is properly registered and 
25.10 	insured and being driven by an employee or agent of a school district for nonscheduled 
25.11 	or nonregular transportation. A school bus may be type A, type B, type C, or type D, or 
25.12 	type III as follows: 
25.13 	(1) A "type A school bus" is a van conversion or bus constructed utilizing a cutaway 
25.14 	front section vehicle with a left-side driver's door. The entrance door is behind the front 
25.15 	wheels. This definition includes two classifications: type A-I, with a gross vehicle weight 
25.16 	rating (GVWR) less than or equal to 10,000 14,500 pounds or less; and type A-II, with a 
25.17 	GVWR greater than 10,000 14,500 pounds and less than or equal to 21,500 pounds.
25.18 	(2) A "type B school bus" is constructed utilizing a stripped chassis. The entrance 
25.19 	door is behind the front wheels. This definition includes two classifications: type B-I, 
25.20 	with a GVWR less than or equal to 10,000 pounds; and type B-II, with a GVWR greater 
25.21 	than 10,000 pounds.
25.22 	(3) A "type C school bus" is constructed utilizing a chassis with a hood and front 
25.23 	fender assembly. The entrance door is behind the front wheels. A "type C school bus" also 
25.24 	includes a cutaway truck chassis or truck chassis with cab with or without a left side door 
25.25 	and with a GVWR greater than 21,500 pounds. 
25.26 	(4) A "type D school bus" is constructed utilizing a stripped chassis. The entrance 
25.27 	door is ahead of the front wheels.
25.28 	(5) Type III school buses and type III Head Start buses are restricted to passenger 
25.29 	cars, station wagons, vans, and buses having a maximum manufacturer's rated seating 
25.30 	capacity of ten or fewer people, including the driver, and a gross vehicle weight rating of 
25.31 	10,000 pounds or less. In this subdivision, "gross vehicle weight rating" means the value 
25.32 	specified by the manufacturer as the loaded weight of a single vehicle. A "type III school 
25.33 	bus" and "type III Head Start bus" must not be outwardly equipped and identified as a type 
25.34 	A, B, C, or D school bus or type A, B, C, or D Head Start bus. A van or bus converted to a 
25.35 	seating capacity of ten or fewer and placed in service on or after August 1, 1999, must 
25.36 	have been originally manufactured to comply with the passenger safety standards.

26.1 	EFFECTIVE DATE. This section is effective January 1, 2007. 

26.2 	Sec. 22. Minnesota Statutes 2004, section 169.447, subdivision 2, is amended to read:
26.3 		Subd. 2.Driver seat belt. New School buses and Head Start buses manufactured 
26.4 	after December 31, 1994, must be equipped with driver seat belts and seat belt assemblies 
26.5 	of the type described in section  169.685, subdivision 3. School bus drivers and Head 
26.6 	Start bus drivers must use these seat belts. 

26.7 	EFFECTIVE DATE. This section is effective July 1, 2006.

26.8 	Sec. 23. Minnesota Statutes 2004, section 169.4501, subdivision 1, is amended to read:
26.9 		Subdivision 1.National standards adopted. Except as provided in sections  
26.10 	169.4502 and  169.4503, the construction, design, equipment, and color of types A, 
26.11 	B, C, and D school buses used for the transportation of school children shall meet the 
26.12 	requirements of the "bus chassis standards" and "bus body standards" in the 2000 2005
26.13 	edition of the "National School Transportation Specifications and Procedures" adopted 
26.14 	by the National Conference Congress on School Transportation. Except as provided 
26.15 	in section  169.4504, the construction, design, and equipment of types A, B, C, and D 
26.16 	school buses used for the transportation of students with disabilities also shall meet the 
26.17 	requirements of the "specially equipped school bus standards" in the 2000 2005 National 
26.18 	School Transportation Specifications and Procedures. The "bus chassis standards," "bus 
26.19 	body standards," and "specially equipped school bus standards" sections of the 2000
26.20 	2005 edition of the "National School Transportation Specifications and Procedures" are 
26.21 	incorporated by reference in this chapter. 

26.22 	EFFECTIVE DATE. This section is effective January 1, 2007.

26.23 	Sec. 24. Minnesota Statutes 2004, section 169.4501, subdivision 2, is amended to read:
26.24 		Subd. 2.Applicability. (a) The standards adopted in this section and sections  
26.25 	169.4502 and  169.4503, govern the construction, design, equipment, and color of school 
26.26 	buses used for the transportation of school children, when owned or leased and operated 
26.27 	by a school or privately owned or leased and operated under a contract with a school. 
26.28 	Each school, its officers and employees, and each person employed under the contract is 
26.29 	subject to these standards. 
26.30 	(b) The standards apply to school buses manufactured after October 31, 2004
26.31 	December 31, 2006. Buses complying with the standards when manufactured need not 
26.32 	comply with standards established later except as specifically provided for by law.
27.1 	(c) A school bus manufactured on or before October 31, 2004 December 31, 
27.2 	2006, must conform to the Minnesota standards in effect on the date the vehicle was 
27.3 	manufactured except as specifically provided for in law.
27.4 	(d) A new bus body may be remounted on a used chassis provided that the remounted 
27.5 	vehicle meets state and federal standards for new buses which are current at the time of the 
27.6 	remounting. Permission must be obtained from the commissioner of public safety before 
27.7 	the remounting is done. A used bus body may not be remounted on a new or used chassis.

27.8 	EFFECTIVE DATE. This section is effective January 1, 2007.

27.9 	Sec. 25. Minnesota Statutes 2004, section 169.4502, subdivision 5, is amended to read:
27.10 		Subd. 5.Electrical system; battery. (a) The storage battery, as established by the 
27.11 	manufacturer's rating, must be of sufficient capacity to care for starting, lighting, signal 
27.12 	devices, heating, and other electrical equipment. In a bus with a gas-powered chassis, the 
27.13 	battery or batteries must provide a minimum of 800 cold cranking amperes. In a bus 
27.14 	with a diesel-powered chassis, the battery or batteries must provide a minimum of 1050 
27.15 	cold cranking amperes.
27.16 	(b) In a type B bus with a gross vehicle weight rating of 15,000 pounds or more, and 
27.17 	type C and D buses, the battery shall be temporarily mounted on the chassis frame. The 
27.18 	final location of the battery and the appropriate cable lengths in these buses must comply 
27.19 	with the SBMI design objectives booklet.
27.20 	(c) All batteries shall be mounted according to chassis manufacturers' 
27.21 	recommendations.
27.22 	(d) In a type C bus, other than are powered by diesel fuel, a battery providing at least 
27.23 	550 cold cranking amperes may be installed in the engine compartment only if used in 
27.24 	combination with a generator or alternator of at least 120 130 amperes.
27.25 	(e) A bus with a gross vehicle weight rating of 15,000 pounds or less may be 
27.26 	equipped with a battery to provide a minimum of 550 cold cranking amperes only if used 
27.27 	in combination with an alternator of at least 80 130 amperes. This paragraph does not 
27.28 	apply to those buses with wheelchair lifts or diesel engines.

27.29 	EFFECTIVE DATE. This section is effective January 1, 2007.

27.30 	Sec. 26. Minnesota Statutes 2004, section 169.4503, subdivision 20, is amended to 
27.31 	read:
27.32 		Subd. 20.Seat and crash barriers. (a) All restraining barriers and passenger seats 
27.33 	shall be covered with a material that has fire retardant or fire block characteristics.
28.1 	(b) All seats must have a minimum cushion depth of 15 inches and a seat back 
28.2 	height of at least 20 inches above the seating reference point. 

28.3 	EFFECTIVE DATE. This section is effective January 1, 2007. 

28.4 	Sec. 27. Minnesota Statutes 2004, section 171.321, subdivision 4, is amended to read:
28.5 		Subd. 4.Training. (a) No person shall drive a class A, B, C, or D school bus when 
28.6 	transporting school children to or from school or upon a school-related trip or activity 
28.7 	without having demonstrated sufficient skills and knowledge to transport students in 
28.8 	a safe and legal manner.
28.9 	(b) A bus driver must have training or experience that allows the driver to meet at 
28.10 	least the following competencies:
28.11 	(1) safely operate the type of school bus the driver will be driving;
28.12 	(2) understand student behavior, including issues relating to students with 
28.13 	disabilities;
28.14 	(3) encourage orderly conduct of students on the bus and handle incidents of 
28.15 	misconduct appropriately;
28.16 	(4) know and understand relevant laws, rules of the road, and local school bus 
28.17 	safety policies;
28.18 	(5) handle emergency situations; and
28.19 	(6) safely load and unload students.
28.20 	(c) The commissioner of public safety shall develop a comprehensive model 
28.21 	school bus driver training program and model assessments for school bus driver training 
28.22 	competencies, which are not subject to chapter 14. A school district, nonpublic school, or 
28.23 	private contractor  may use alternative assessments for bus driver training competencies 
28.24 	with the approval of the commissioner of public safety. After completion of bus driver 
28.25 	training competencies, a driver may receive at least eight hours of school bus in-service 
28.26 	training any year, as an alternative to being assessed for bus driver competencies. The 
28.27 	employer shall keep the assessment and a record of the in-service training for the current 
28.28 	period available for inspection by representatives of the commissioner.

28.29 	EFFECTIVE DATE. This section is effective July 1, 2006. 

28.30 	Sec. 28. Minnesota Statutes 2004, section 171.321, subdivision 5, is amended to read:
28.31 		Subd. 5.Annual evaluation and license verification. (a) A school district, 
28.32 	nonpublic school, or private contractor shall provide in-service training annually by June 
28.33 	30 of each year to each school bus driver.
29.1 	(b) A school district, nonpublic school, or private contractor shall annually by June 
29.2 	30 of each year  verify the validity of the driver's license of each employee who regularly 
29.3 	transports students for the district in a type A school bus, a type B school bus, a type C 
29.4 	school bus, or type D school bus, or regularly transports students for the district in a type 
29.5 	III vehicle with the National Driver Register or with the Department of Public Safety.
29.6 	(c) Members of a nonprofit bus drivers' trade association under private contract 
29.7 	with an independent school district shall not be charged a fee greater than the fee, if any, 
29.8 	imposed upon an independent school district for accessing an employee's driver's license 
29.9 	records from the Department of Public Safety in compliance with this section.

29.10 	EFFECTIVE DATE. This section is effective July 1, 2006. 

29.11 	Sec. 29. Minnesota Statutes 2004, section 299F.30, is amended to read:
29.12 	299F.30 FIRE DRILL IN SCHOOL; DOORS AND EXITS.
29.13 		Subdivision 1.Duties of fire marshal. Consistent with section 121A.035 and this 
29.14 	section, it shall be the duty of the state fire marshal, deputies and assistants, to require 
29.15 	public and private schools and educational institutions to have at least nine fire drills each 
29.16 	school year and to keep all doors and exits unlocked from the inside of the building during 
29.17 	school hours. The fire marshal must require private schools and educational institutions 
29.18 	not subject to section 121A.035 to have at least one fire drill each month during the school 
29.19 	year.
29.20 		Subd. 2.Fire drill. Each superintendent, principal or other person in charge of a 
29.21 	public or private school, educational institution, children's home or orphanage housing 20 
29.22 	or more students or other persons, shall instruct and train such students or other persons to 
29.23 	quickly and expeditiously quit the premises in case of fire or other emergency by means of 
29.24 	drills or rapid dismissals at least once each month while such school, institution, home or 
29.25 	orphanage is in operation. Records of such drills shall be posted so that such records are 
29.26 	available for review by the state fire marshal at all times and shall include the drill date 
29.27 	and the time required to evacuate the building.
29.28 		Subd. 3.School doors and exits. Consistent with section 121A.035 and this 
29.29 	section, each superintendent, principal or other person in charge of a public or private 
29.30 	school, educational institution, children's home or orphanage shall keep all doors and exits 
29.31 	of such school, institution, home or orphanage unlocked so that persons can leave by such 
29.32 	doors or exits at any time during the hours of normal operation.

29.33 	EFFECTIVE DATE. This section is effective for the 2006-2007 school year and 
29.34 	later.

30.1 	Sec. 30. Minnesota Statutes 2005 Supplement, section 626.556, subdivision 3, is 
30.2 	amended to read:
30.3 		Subd. 3.Persons mandated to report. (a) Subject to paragraph (c), a person who 
30.4 	knows or has reason to believe a child is being neglected or physically or sexually abused, 
30.5 	as defined in subdivision 2, or has been neglected or physically or sexually abused within 
30.6 	the preceding three years, shall immediately report the information to the local welfare 
30.7 	agency, agency responsible for assessing or investigating the report, police department, or 
30.8 	the county sheriff if the person is:
30.9 	(1) a professional or professional's delegate who is engaged in the practice of 
30.10 	the healing arts, social services, hospital administration, psychological or psychiatric 
30.11 	treatment, child care, education, correctional supervision, probation and correctional 
30.12 	services, or law enforcement; or
30.13 	(2) employed as a member of the clergy and received the information while 
30.14 	engaged in ministerial duties, provided that a member of the clergy is not required by 
30.15 	this subdivision to report information that is otherwise privileged under section 595.02, 
30.16 	subdivision 1, paragraph (c).
30.17 	The police department or the county sheriff, upon receiving a report, shall 
30.18 	immediately notify the local welfare agency or agency responsible for assessing or 
30.19 	investigating the report, orally and in writing. The local welfare agency, or agency 
30.20 	responsible for assessing or investigating the report, upon receiving a report, shall 
30.21 	immediately notify the local police department or the county sheriff orally and in writing. 
30.22 	The county sheriff and the head of every local welfare agency, agency responsible for 
30.23 	assessing or investigating reports, and police department shall each designate a person 
30.24 	within their agency, department, or office who is responsible for ensuring that the 
30.25 	notification duties of this paragraph and paragraph (b) are carried out. Nothing in this 
30.26 	subdivision shall be construed to require more than one report from any institution, facility, 
30.27 	school, or agency. If the agency receiving a report determines that it is not responsible for 
30.28 	assessing or investigating the report, the agency shall immediately notify the agency it 
30.29 	determines is responsible for assessing or investigating the report under this section.
30.30 	(b) Any person may voluntarily report to the local welfare agency, agency 
30.31 	responsible for assessing or investigating the report, police department, or the county 
30.32 	sheriff if the person knows, has reason to believe, or suspects a child is being or has been 
30.33 	neglected or subjected to physical or sexual abuse. The police department or the county 
30.34 	sheriff, upon receiving a report, shall immediately notify the local welfare agency or 
30.35 	agency responsible for assessing or investigating the report, orally and in writing. The 
30.36 	local welfare agency or agency responsible for assessing or investigating the report, upon 
31.1 	receiving a report, shall immediately notify the local police department or the county 
31.2 	sheriff orally and in writing.
31.3 	(c) A person mandated to report physical or sexual child abuse or neglect occurring 
31.4 	within a licensed facility or a school as defined under subdivision 3b, shall report the 
31.5 	information to the agency responsible for licensing the facility under sections 144.50 to 
31.6 	144.58; 241.021; 245A.01 to 245A.16; or chapter 245B; or a nonlicensed personal care 
31.7 	provider organization as defined in sections 256B.04, subdivision 16; and 256B.0625, 
31.8 	subdivision 19 or to the agency responsible for assessing or investigating the report, if the 
31.9 	facility is not licensed. A health or corrections agency receiving a report may request the 
31.10 	local welfare agency to provide assistance pursuant to subdivisions 10, 10a, and 10b. A 
31.11 	board or other entity whose licensees perform work within a school facility, upon receiving 
31.12 	a complaint of alleged maltreatment, shall provide information about the circumstances of 
31.13 	the alleged maltreatment to the commissioner of education. Section 13.03, subdivision 4, 
31.14 	applies to data received by the commissioner of education from a licensing entity.
31.15 	(d) Any person mandated to report shall receive a summary of the disposition of 
31.16 	any report made by that reporter, including whether the case has been opened for child 
31.17 	protection or other services, or if a referral has been made to a community organization, 
31.18 	unless release would be detrimental to the best interests of the child. Any person who is 
31.19 	not mandated to report shall, upon request to the local welfare agency, receive a concise 
31.20 	summary of the disposition of any report made by that reporter, unless release would be 
31.21 	detrimental to the best interests of the child.
31.22 	(e) For purposes of this subdivision, "immediately" means as soon as possible but in 
31.23 	no event longer than 24 hours.

31.24 	Sec. 31. Minnesota Statutes 2004, section 626.556, subdivision 3b, is amended to read:
31.25 		Subd. 3b.AgencyDepartment of Education responsible for assessing or 
31.26 	investigating reports of maltreatment. The Department of Education is the agency 
31.27 	responsible for assessing or investigating allegations of child maltreatment in schools 
31.28 	as defined in sections  120A.05, subdivisions 9, 11, and 13; 120A.05, subdivisions 9, 
31.29 	11, 13, and 17, and  124D.10, unless the alleged maltreatment occurred in a program or 
31.30 	facility licensed by the commissioner of human services. "School" includes a school-age 
31.31 	care program, Head Start program, early childhood family education program, school 
31.32 	district-administered day treatment facility, or other program licensed or administered 
31.33 	by the commissioner of education that provides services for minors and is located in 
31.34 	or operated by a school. 

32.1 	Sec. 32. Minnesota Statutes 2004, section 626.556, subdivision 3c, is amended to read:
32.2 		Subd. 3c.Agency Local welfare agency, Department of Human Services 
32.3 	or Department of Health responsible for assessing or investigating reports of 
32.4 	maltreatment. The following agencies are the administrative agencies responsible for 
32.5 	assessing or investigating reports of alleged child maltreatment in facilities made under 
32.6 	this section:
32.7 	(1)(a) The county local welfare agency is the agency responsible for assessing or 
32.8 	investigating:
32.9 	(1) allegations of maltreatment in child foster care, family child care, and legally 
32.10 	unlicensed child care and in juvenile correctional facilities licensed under section  241.021
32.11 	located in the local welfare agency's county; and
32.12 	(2) other allegations of maltreatment that are not the responsibility of another agency 
32.13 	under this subdivision or subdivision 3b.
32.14 	(2)(b) The Department of Human Services is the agency responsible for assessing 
32.15 	or investigating allegations of maltreatment in facilities licensed under chapters 245A and 
32.16 	245B, except for child foster care and family child care; and.
32.17 	(3)(c) The Department of Health is the agency responsible for assessing or 
32.18 	investigating allegations of child maltreatment in facilities licensed under sections  144.50
32.19 	to  144.58, and in unlicensed home health care. 

32.20 	Sec. 33. Laws 2005, First Special Session chapter 5, article 2, section 84, subdivision 
32.21 	13, is amended to read:
32.22 	
32.23 	Subd. 13.  Examination fees; teacher training and support programs. (a) For 
32.24 	students' advanced placement and  international baccalaureate examination fees under 
32.25 	Minnesota  Statutes, section 120B.13, subdivision 3, and the training and  related costs 
32.26 	for teachers and other interested educators under  Minnesota Statutes, section 120B.13, 
32.27 	subdivision 1:  

32.28		$
	4,500,000
	.....
	2006
	
32.29		$
	4,500,000
	.....
	2007
	
32.30 	(b) The advanced placement program shall receive 75 percent  of the appropriation 
32.31 	each year and the international  baccalaureate program shall receive 25 percent of the  
32.32 	appropriation each year.  The department, in consultation with  representatives of the 
32.33 	advanced placement and international  baccalaureate programs selected by the Advanced 
32.34 	Placement  Advisory Council and IBMN, respectively, shall determine the  amounts of 
33.1 	the expenditures each year for examination fees and  training and support programs for 
33.2 	each program.  
33.3 	(c) Notwithstanding Minnesota Statutes, section 120B.13,  subdivision 1, at least 
33.4 	$500,000 each year is for teachers to  attend subject matter summer training programs 
33.5 	and follow-up  support workshops approved by the advanced placement or  international 
33.6 	baccalaureate programs.  The amount of the subsidy  for each teacher attending an 
33.7 	advanced placement or  international baccalaureate summer training program or workshop 
33.8 	shall be the same.  The commissioner shall determine the payment  process and the amount 
33.9 	of the subsidy.Teachers shall apply for teacher training scholarships to prepare for 
33.10 	teaching in the advanced placement or international baccalaureate program. Any reserved 
33.11 	funding not expended for teacher training may be used for exam fees and other support 
33.12 	programs for each program.
33.13 	(d) The commissioner shall pay all examination fees for all  students of low-income 
33.14 	families under Minnesota Statutes,  section 120B.13, subdivision 3, and to the extent 
33.15 	of available  appropriations shall also pay examination fees for students  sitting for an 
33.16 	advanced placement examination, international  baccalaureate examination, or both.
33.17 	Any balance in the first year does not cancel but is  available in the second year.  

33.18 	EFFECTIVE DATE.  This section is effective the day following final enactment.

33.19 	Sec. 34. ADVISORY TASK FORCE ON SCHOOL AND STAFF 
33.20 	EMERGENCY/ALL HAZARD PREPAREDNESS.
 33.21 	(a) An advisory task force on school and staff emergency/all hazard preparedness is 
33.22 	established to consider and recommend to the legislature proposals for strengthening K-12 
33.23 	crisis management and school safety efforts including, at least, whether or not to:
33.24 	(1) develop specific K-12 teacher and school administrator competencies related to 
33.25 	emergency/all hazard preparedness;
33.26 	(2) provide emergency/all hazard preparedness training to currently licensed K-12 
33.27 	teachers and school administrators;
33.28 	(3) incorporate emergency/all hazard preparedness competencies into existing 
33.29 	teacher and school administrator preparation curriculum;
33.30 	(4) identify key emergency/all hazard preparedness competencies appropriate to 
33.31 	teacher and school administrator preparation curriculum and ongoing teacher and school 
33.32 	administrator training; and
33.33 	(5) expect federal funds to supplement state emergency/all hazard preparedness 
33.34 	initiatives.
34.1 	(b) The commissioner of education shall appoint an advisory task force on school 
34.2 	and staff emergency/all hazard preparedness that is composed of a representative from 
34.3 	each of the following entities: the state Board of Teaching; the state Board of School 
34.4 	Administrators; the state fire marshal; law enforcement agencies; emergency responders; 
34.5 	school principals; school counselors; other school employees; the Minnesota Association 
34.6 	of School Administrators; the Minnesota School Boards Association; Education 
34.7 	Minnesota; the Minnesota Department of Education; the Minnesota Department of 
34.8 	Health; the Minnesota Department of Public Safety; and others recommended by task 
34.9 	force members. Task force members' terms and other task force matters are subject to 
34.10 	Minnesota Statutes, section 15.059. The task force must submit by February 15, 2007, to 
34.11 	the education policy and finance committees of the legislature a written report that includes 
34.12 	recommendations on strengthening K-12 crisis management and school safety efforts.
34.13 	(c) Upon request, the commissioner of education must provide the task force on 
34.14 	strengthening K-12 crisis management and school safety efforts with technical, fiscal, 
34.15 	and other support services.
34.16 	(d) The task force expires February 16, 2007.

34.17 	EFFECTIVE DATE. This section is effective the day following final enactment.

34.18 	Sec. 35. CHARACTER DEVELOPMENT EDUCATION REVENUE; PILOT 
34.19 	PROGRAM.
 34.20 		Subdivision 1.Pilot program created. A pilot program is created to allow school 
34.21 	districts to receive character development education revenue to purchase comprehensive 
34.22 	curriculum for the purposes of Minnesota Statutes, section 120B.232. Character 
34.23 	development education revenue for school districts equals $30 times the district's adjusted 
34.24 	marginal cost pupil units.
34.25 		Subd. 2.Approved provider list. The commissioner of education shall maintain 
34.26 	a character development education curriculum approved provider list. The character 
34.27 	development education curriculum of approved providers shall be research based and 
34.28 	evaluated by an independent party. Approved character development education curriculum 
34.29 	must include:
34.30 	(1) age appropriate character development for the classroom in elementary or 
34.31 	secondary grades;
34.32 	(2) teacher training workshops and in-service training; 
34.33 	(3) midyear consulting between the school district and the provider; and
34.34 	(4) an assessment program.
35.1 		Subd. 3.Application and selection process. A school district may submit to 
35.2 	the commissioner an application for funding in the form and manner specified by the 
35.3 	commissioner. The commissioner shall approve applications that propose to use an 
35.4 	approved provider and that agree to use the program as recommended by the provider. 
35.5 	The commissioner must approve or disapprove an application within 30 days of receipt on 
35.6 	a first-come, first-served basis.

35.7 	EFFECTIVE DATE. This section is effective the day following final enactment.

35.8 	Sec. 36. 2006 SCHOOL ACCOUNTABILITY REPORT.
 35.9 	Notwithstanding Minnesota Statutes, section 120B.36, for 2006 reporting only, the 
35.10 	Department of Education may delay the release to the public and the posting of the 2006 
35.11 	school performance report cards and adequate yearly progress data on its public Web 
35.12 	site to no later than November 30, 2006.

35.13 	Sec. 37. ADVISORY TASK FORCE ON OPTIONS FOR ACCELERATED K-12 
35.14 	SCIENCE AND MATHEMATICS PROGRAMS THROUGHOUT MINNESOTA.
 35.15 	(a) An advisory task force on options for accelerated K-12 science and mathematics 
35.16 	programs throughout Minnesota is established to consider and recommend to the 
35.17 	legislature alternatives for delivering accelerated science and mathematics programs 
35.18 	to eligible students throughout Minnesota. Recommended programs must provide 
35.19 	accelerated science and mathematics instruction to eligible students in grades 6 through 
35.20 	12 and be cost effective and efficiently implemented and operated. Other recommended 
35.21 	programs may offer accelerated science and mathematics instruction to other eligible 
35.22 	elementary grade students and provide out-of-school and summer school K-12 science 
35.23 	and mathematics instruction throughout the state. 
35.24 	(b) The advisory task force at least must:
35.25 	(1) evaluate and compare at least five alternatives for delivering accelerated science 
35.26 	and mathematics programs to Minnesota students, which may include online learning, 
35.27 	satellite science and mathematics centers, a consortium of available accelerated science 
35.28 	and mathematics or accelerated education programs, and residential and nonresidential 
35.29 	accelerated science and mathematics academies that may be patterned after the Perpich 
35.30 	Center for Arts Education under Minnesota Statutes, chapter 129C, among other 
35.31 	alternatives;
35.32 	(2) identify and evaluate possible members for a science, mathematics, engineering, 
35.33 	and technology leadership consortium composed of representatives of corporations, 
36.1 	organizations, educational institutions, and research facilities to help implement 
36.2 	accelerated K-12 science and mathematics programs in Minnesota;
36.3 	(3) evaluate and compare at least three alternatives for preparing and assisting 
36.4 	educational leaders who are literate in science and mathematics to help implement 
36.5 	accelerated K-12 science and mathematics programs in Minnesota, which may include 
36.6 	gifted education and accelerated science and mathematics teacher training programs and 
36.7 	residential and  nonresidential accelerated science and mathematics academies that also 
36.8 	provide professional development and educational outreach programs; and 
36.9 	(4) identify and evaluate postsecondary career and technical education programs 
36.10 	offering or requiring accelerated science and mathematics instruction.
36.11 	(c) The commissioner of education shall appoint an advisory task force on options 
36.12 	for accelerated K-12 science and mathematics programs throughout Minnesota that is 
36.13 	composed of the following representatives: a gifted education coordinator, an educator 
36.14 	holding a gifted education certificate or an instructor in a graduate level gifted education 
36.15 	program; a currently licensed or retired high school physical science teacher; a currently 
36.16 	licensed or retired high school mathematics teacher; a faculty member providing 
36.17 	instruction under the Minnesota postsecondary enrollment options program or an educator 
36.18 	providing instruction under the college in the schools program; a faculty member or 
36.19 	educator providing instruction in the Minnesota talented youth mathematics program; a 
36.20 	University of Minnesota mathematics or engineering professor; a University of Minnesota 
36.21 	physical science professor; a manager or director in a high technology field, corporation, 
36.22 	organization, or facility; a manager or director in a medical field or profession; a manager 
36.23 	or director in a research-based field, corporation, organization, or facility; one parent of a 
36.24 	high school student gifted in mathematics or science from each congressional district; a 
36.25 	physical science teacher and a biology teacher, one of whom is licensed to teach middle 
36.26 	level students and one of whom is licensed to teach high school level students; a high 
36.27 	school career and technical instructor; a faculty member in a postsecondary institution 
36.28 	offering technical two-year degrees who provides career and technical instruction; a 
36.29 	manager or director in a mathematics or science industry who employs persons with 
36.30 	associate degrees in a technical field; a manager or director in the biosciences industry; 
36.31 	and two at-large members.  Notwithstanding any other law to the contrary, the task force 
36.32 	may conduct meetings of its members by telephone or other electronic means where all 
36.33 	members can hear one another and all the discussion, at least one member is physically 
36.34 	present at the regular meeting location, and interested members of the public can hear all 
36.35 	the discussion. Task force members' terms and other task force matters are subject to 
36.36 	Minnesota Statutes, section 15.059.  The task force must submit by January 30, 2007, a 
37.1 	written report and presentation to the Education Policy and Finance committees of the 
37.2 	legislature that include recommendations on alternatives for delivering accelerated science 
37.3 	and mathematics programs to eligible students throughout Minnesota.
37.4 	(d) Upon request, the commissioner of education must provide the task force with 
37.5 	technical, fiscal, and other support services.
37.6 	(e) The task force expires February 1, 2007.

37.7 	EFFECTIVE DATE. This section is effective the day following final enactment. 

37.8 	Sec. 38. ADVISORY TASK FORCE ON MINNESOTA AMERICAN INDIAN 
37.9 	TRIBES AND COMMUNITIES AND K-12 STANDARDS-BASED REFORM.
 37.10 	(a) An advisory task force on Minnesota American Indian tribes and communities 
37.11 	and K-12 standards-based reform is established to examine the impact of state and 
37.12 	federal standards-based reform on Minnesota's K-12 students, including American 
37.13 	Indian students, and to recommend to the legislature changes to the state's performance 
37.14 	standards, content requirements, assessments measures, and teacher preparation programs 
37.15 	to most effectively meet the education needs of all students, including American Indian 
37.16 	students, enrolled in Minnesota schools. The task force, in consultation with American 
37.17 	Indian educators and parents, and others who advocate for American Indian children, at 
37.18 	least must determine if (1) state education standards and assessments are appropriate 
37.19 	for American Indian students; (2) American Indian students are fairly compared; (3) 
37.20 	American Indian students receive the assistance they need to achieve the state standards; 
37.21 	and (4) schools receive financial and technical assistance sufficient to meet the education 
37.22 	needs of American Indian students.
37.23 	(b) The commissioner of education shall appoint an advisory task force on 
37.24 	Minnesota American Indian tribes and communities and K-12 standards-based reform 
37.25 	that is composed of the following representatives: education department staff experienced 
37.26 	in working with American Indian students and programs; Minnesota American Indian 
37.27 	tribes and communities; Minnesota School Boards Association; school administrators; 
37.28 	Education Minnesota; the state Board of Teaching; a minority member and majority 
37.29 	member both from the Minnesota House of Representatives and from the Minnesota 
37.30 	Senate; the Minnesota Council on Indian Affairs; postsecondary faculty who serve as 
37.31 	instructors in teacher preparation programs; local community service providers who work 
37.32 	with Minnesota American Indian tribes and communities; and other representatives 
37.33 	recommended by task force members. Task force members' terms and other task 
37.34 	force matters are subject to Minnesota Statutes, section 15.059, subject to the limits of 
37.35 	available appropriations. The task force must submit to the legislative committees having 
38.1 	jurisdiction over education policy and finance a preliminary written report by February 15, 
38.2 	2007, and a final report by February 15, 2008, that includes any recommended changes to 
38.3 	the state's performance standards, content requirements, assessment measures, and teacher 
38.4 	preparation programs to most effectively meet the educational needs of all students, 
38.5 	including American Indian students, enrolled in Minnesota schools.
38.6 	(c) Upon request, the commissioner of education must provide the task force with 
38.7 	technical, fiscal, and other support.
38.8 	(d) The task force expires on February 16, 2008.

38.9 	EFFECTIVE DATE. This section is effective the day following final enactment.

38.10 	Sec. 39. REPORT ON OUT-OF-SCHOOL CARE FOR CHILDREN BETWEEN 
38.11 	THE AGES OF TEN TO 18.
 38.12 	The commissioner of education, in consultation with the commissioners of human 
38.13 	services and public safety, shall provide a report to the legislature by January 20, 2007, 
38.14 	which surveys and analyzes out-of-school time opportunities for children ages ten to 18. 
38.15 	The commissioner must gather representative information from urban, suburban, and 
38.16 	rural areas regarding where children go after their school day is over and during school 
38.17 	breaks. Further, the commissioner shall communicate with members of the community, 
38.18 	parents of children ages ten to 18, child care providers, middle school personnel, and other 
38.19 	interested individuals to gather information and develop positive, supervised out-of-school 
38.20 	alternatives for children ages ten to 18, in order to reduce the incidence of sexual activity, 
38.21 	underage drinking and smoking, use of illegal substances, and other criminal activity.

38.22 	Sec. 40. OPPORTUNITIES FOR YOUTH DURING OUT-OF-SCHOOL TIME.
 38.23 		Subdivision 1.Establishment. A competitive statewide after-school enrichment 
38.24 	grant program is established to provide implementation grants to community or nonprofit 
38.25 	organizations, to political subdivisions, or to school-based programs. The commissioner 
38.26 	of education shall develop criteria for after-school enrichment programs.
38.27 		Subd. 2.Program outcomes. The expected outcomes of the after-school 
38.28 	enrichment programs are to:
38.29 	(1) increase the number of children participating in adult-supervised programs 
38.30 	in nonschool hours;
38.31 	(2) increase the number of youth engaged in community services and other activities 
38.32 	designed to support character improvement, strengthen families, and instill community 
38.33 	values;
38.34 	(3) increase skills in technology, the arts, sports, and other activities;
39.1 	(4) reduce the amount of juvenile crime;
39.2 	(5) increase and support the academic achievement and character development of 
39.3 	adolescent parents;
39.4 	(6) increase school attendance and reduce the number of school suspensions; and
39.5 	(7) support academic achievement, including the areas of reading and math.
39.6 		Subd. 3.Plan. An applicant shall develop a plan for an after-school enrichment 
39.7 	program for youth. The plan must include:
39.8 	(1) collaboration with and leverage of existing community resources that have 
39.9 	demonstrated effectiveness;
39.10 	(2) outreach to children and youth;
39.11 	(3) involvement of local governments, including park and recreation boards or 
39.12 	schools, unless no government agency is appropriate; and
39.13 	(4) community control over the design of the enrichment program and identification 
39.14 	of the sources of nonpublic funding.
39.15 		Subd. 4.Plan approval; grants. An applicant shall submit a plan developed under 
39.16 	subdivision 3 to the commissioner for approval. The commissioner shall award a grant for 
39.17 	the implementation of an approved plan.

39.18 	Sec. 41. APPROPRIATION.
 39.19 		Subdivision 1.Department of Education. The sum indicated in this section is 
39.20 	appropriated from the general fund to the Department of Education for the fiscal years 
39.21 	designated.
39.22 		Subd. 2.Character development education revenue. For the character 
39.23 	development education revenue pilot program:

39.24		$
	...,...,...
	.....
	2007
	
39.25 		Subd. 3.After-school enrichment grants. For the after-school enrichment grant 
39.26 	program:

39.27		$
	...,...,...
	.....
	2007

39.28 	Sec. 42.  REPEALER.
 39.29 	(a) Minnesota Statutes 2004, section 121A.23, is repealed.
39.30 	(b) Minnesota Statutes 2004, sections 169.4502, subdivision 15; and 169.4503, 
39.31 	subdivisions 17, 18, and 26, are repealed.

40.1 	EFFECTIVE DATE. Paragraph (b) of this section is effective January 1, 2007.

40.2 	ARTICLE 2
40.3 	EDUCATION FUNDING

40.4 	Section 1. [120B.132] RAISED ACADEMIC ACHIEVEMENT; ADVANCED 
40.5 	PLACEMENT, INTERNATIONAL BACCALAUREATE, AND CONCURRENT 
40.6 	ENROLLMENT PROGRAMS.
40.7 		Subdivision 1.Establishment; eligibility.  A program is established to raise K-12 
40.8 	academic achievement through increased student participation in advanced placement, 
40.9 	international baccalaureate, and concurrent enrollment programs, consistent with sections 
40.10 	120B.13 and 124D.04.  Schools and charter schools eligible to participate under this 
40.11 	section must:
40.12 	(1) have a three-year plan approved by the local school board to establish a new 
40.13 	international baccalaureate program leading to international baccalaureate authorization, 
40.14 	or expand an existing program that leads to international baccalaureate authorization, or 
40.15 	expand an existing authorized international baccalaureate program; or
40.16 	(2) have a three-year plan approved by the local school board to create a new or 
40.17 	expand an existing program to implement the college board advanced placement courses 
40.18 	and exams, preadvanced placement initiative, or concurrent enrollment programs; and
40.19 	(3) have entered into an agreement to provide courses under section 124D.09, 
40.20 	subdivision 10; and
40.21 	(4) propose to further raise students' academic achievement by:
40.22 	(i) increasing the availability of and all students' access to advanced placement, 
40.23 	international baccalaureate, or concurrent enrollment courses or programs; 
40.24 	(ii) expanding the breadth of advanced placement, international baccalaureate, or 
40.25 	concurrent enrollment courses or programs that are available to students; 
40.26 	(iii) increasing the number and the diversity of the students who participate in 
40.27 	advanced placement, international baccalaureate, or concurrent enrollment courses or 
40.28 	programs and succeed; 
40.29 	(iv) providing low-income and other disadvantaged students with increased access 
40.30 	to advanced placement, international baccalaureate, or concurrent enrollment courses 
40.31 	or programs; or 
40.32 	(v) increasing the number of high school students, including low-income and other 
40.33 	disadvantaged students, who receive college credit by successfully completing advanced 
40.34 	placement, international baccalaureate, or concurrent enrollment courses or programs and 
40.35 	achieving satisfactory grades or scores on related exams. 
41.1 		Subd. 2. Application and review process; funding priority.  (a) Charter schools 
41.2 	and school districts in which eligible schools under subdivision 1 are located may apply to 
41.3 	the commissioner, in the form and manner the commissioner determines, for competitive 
41.4 	funding to further raise students' academic achievement.  The application must detail the 
41.5 	specific efforts the applicant intends to undertake in further raising students' academic 
41.6 	achievement consistent with subdivision 1, and a proposed budget detailing the district or 
41.7 	charter school's current and proposed expenditures for advanced placement, preadvanced 
41.8 	placement, international baccalaureate, and concurrent enrollment courses and programs. 
41.9 	The proposed budget must demonstrate that the applicant's efforts will supplement but not 
41.10 	supplant any expenditures for advanced placement, preadvanced placement, international 
41.11 	baccalaureate, and concurrent enrollment courses and programs the applicant currently 
41.12 	makes available to students. Expenditures for administration must not exceed five percent 
41.13 	of the proposed budget. The commissioner may require an applicant to provide additional 
41.14 	information.
41.15 	(b) When reviewing applications, the commissioner must determine whether 
41.16 	the applicant satisfied all the requirements in this subdivision and subdivision 1. 
41.17 	The commissioner may give funding priority to an otherwise qualified applicant that 
41.18 	demonstrates:
41.19 	(1) a focus on developing or expanding advanced placement, international 
41.20 	baccalaureate, or concurrent enrollment courses or programs or increasing students' 
41.21 	participation in, access to, or success with the courses or programs, including the 
41.22 	participation, access, or success of low-income and other disadvantaged students; 
41.23 	(2) a compelling need for access to advanced placement, international baccalaureate, 
41.24 	or concurrent enrollment courses or programs; 
41.25 	(3) an effective ability to actively involve local business and community 
41.26 	organizations in student activities that are integral to advanced placement, international 
41.27 	baccalaureate, or concurrent enrollment courses or programs; 
41.28 	(4) access to additional public or nonpublic funds or in-kind contributions that are 
41.29 	available for advanced placement, international baccalaureate, or concurrent enrollment 
41.30 	courses or programs; or 
41.31 	(5) an intent to implement activities that target low-income and other disadvantaged 
41.32 	students. 
41.33 		Subd. 3. Funding; permissible funding uses.  (a) The commissioner shall award 
41.34 	grants to applicant school districts and charter schools that meet the requirements of 
41.35 	subdivisions 1 and 2. The commissioner must award grants on an equitable geographical 
41.36 	basis to the extent feasible and consistent with this section. Grant awards must not exceed 
42.1 	the lesser of: (1) $85 times the number of pupils enrolled at the participating sites on 
42.2 	October 1 of the previous fiscal year, or (2) the approved supplemental expenditures 
42.3 	based on the budget submitted under subdivision 2. For charter schools in their first 
42.4 	year of operation, the maximum grant award must be calculated using the number of 
42.5 	pupils enrolled on October 1 of the current fiscal year. The commissioner may adjust 
42.6 	the maximum grant award computed using prior year data for changes in enrollment 
42.7 	attributable to school closings, school openings, grade level reconfigurations, or school 
42.8 	district reorganizations between the prior fiscal year and the current fiscal year. 
42.9 	(b) School districts and charter schools that submit an application and receive 
42.10 	funding under this section must use the funding, consistent with the application,  to:
42.11 	(1) provide teacher training and instruction to more effectively serve students, 
42.12 	including low-income and other disadvantaged students, who participate in advanced 
42.13 	placement, international baccalaureate, or concurrent enrollment courses or programs; 
42.14 	(2) further develop advanced placement, international baccalaureate, or concurrent 
42.15 	enrollment courses or programs; 
42.16 	(3) improve the transition between grade levels to better prepare students, including 
42.17 	low-income and other disadvantaged students, for succeeding in advanced placement, 
42.18 	international baccalaureate, or concurrent enrollment courses or programs; 
42.19 	(4) purchase books and supplies; 
42.20 	(5) pay course or program  fees; 
42.21 	(6) increase students participation in and success with advanced placement, 
42.22 	international baccalaureate, or concurrent enrollment courses or programs; 
42.23 	(7) expand students' access to advanced placement, international baccalaureate, or 
42.24 	concurrent enrollment courses or programs through online learning; 
42.25 	(8) hire appropriately licensed personnel to teach additional advanced placement, 
42.26 	international baccalaureate, or concurrent enrollment courses or programs; or 
42.27 	(9) engage in other activity directly related to expanding students' access to, 
42.28 	participation in, and success with advanced placement, international baccalaureate, 
42.29 	or concurrent enrollment courses or programs, including low-income and other 
42.30 	disadvantaged students.
42.31 		Subd. 4. Annual reports.  (a) Each school district and charter school that receives 
42.32 	a grant under this section annually must collect demographic and other student data to 
42.33 	demonstrate and measure the extent to which the district or charter school raised students' 
42.34 	academic achievement under this program and must report the data to the commissioner 
42.35 	in the form and manner the commissioner determines. The commissioner annually, by 
43.1 	February 15, must make summary data about this program available to the education 
43.2 	policy and finance committees of the legislature.
43.3 	(b) Each school district and charter school that receives a grant under this section 
43.4 	annually must report to the commissioner, consistent with the uniform financial accounting 
43.5 	and reporting standards, its actual expenditures for advanced placement, preadvanced 
43.6 	placement, international baccalaureate, and concurrent enrollment courses and programs. 
43.7 	The report must demonstrate that the school district or charter school has maintained its 
43.8 	effort from other sources for advanced placement, preadvanced placement, international 
43.9 	baccalaureate, and concurrent enrollment courses and programs compared with the 
43.10 	previous fiscal year, and the district or charter school has expended all grant funds, 
43.11 	consistent with its approved budget. 

43.12 	EFFECTIVE DATE. This section is effective the day following final enactment 
43.13 	and applies to the 2006-2007 school year and later. 

43.14 	Sec. 2. Minnesota Statutes 2004, section 122A.18, subdivision 2, is amended to read:
43.15 		Subd. 2.Teacher and support personnel qualifications. (a) The Board of 
43.16 	Teaching must issue licenses under its jurisdiction to persons the board finds to be 
43.17 	qualified and competent for their respective positions.
43.18 	(b) The board must require a person to successfully complete an examination of 
43.19 	skills in reading, writing, and mathematics before being granted an initial teaching license 
43.20 	to provide direct instruction to pupils in prekindergarten, elementary, secondary, or special 
43.21 	education programs. The board must require colleges and universities offering a board 
43.22 	approved teacher preparation program to provide remedial assistance that includes a 
43.23 	formal diagnostic component to persons enrolled in their institution who did not achieve a 
43.24 	qualifying score on the skills examination, including those for whom English is a second 
43.25 	language. The colleges and universities must provide assistance in the specific academic 
43.26 	areas of deficiency in which the person did not achieve a qualifying score. School 
43.27 	districts must provide similar, appropriate, and timely remedial assistance that includes a 
43.28 	formal diagnostic component and mentoring to those persons employed by the district 
43.29 	who completed their teacher education program outside the state of Minnesota, received 
43.30 	a one-year license to teach in Minnesota and did not achieve a qualifying score on the 
43.31 	skills examination, including those persons for whom English is a second language. The 
43.32 	Board of Teaching shall report annually to the education committees of the legislature 
43.33 	on the total number of teacher candidates during the most recent school year taking the 
43.34 	skills examination, the number who achieve a qualifying score on the examination, the 
43.35 	number who do not achieve a qualifying score on the examination, the distribution of all 
44.1 	candidates' scores, the number of candidates who have taken the examination at least once 
44.2 	before, and the number of candidates who have taken the examination at least once before 
44.3 	and achieve a qualifying score.
44.4 	(c) A person who has completed an approved teacher preparation program and 
44.5 	obtained a one-year license to teach, but has not successfully completed the skills 
44.6 	examination, may renew the one-year license for two additional one-year periods. Each 
44.7 	renewal of the one-year license is contingent upon the licensee:
44.8 	(1) providing evidence of participating in an approved remedial assistance program 
44.9 	provided by a school district or postsecondary institution that includes a formal diagnostic 
44.10 	component in the specific areas in which the licensee did not obtain qualifying scores; and
44.11 	(2) attempting to successfully complete the skills examination during the period 
44.12 	of each one-year license.
44.13 	(d) The Board of Teaching must grant continuing licenses only to those persons who 
44.14 	have met board criteria for granting a continuing license, which includes successfully 
44.15 	completing the skills examination in reading, writing, and mathematics.
44.16 	(e) All colleges and universities approved by the board of teaching to prepare 
44.17 	persons for teacher licensure must include in their teacher preparation programs a common 
44.18 	core of teaching knowledge and skills to be acquired by all persons recommended 
44.19 	for teacher licensure. This common core shall meet the standards developed by the 
44.20 	interstate new teacher assessment and support consortium in its 1992 "model standards 
44.21 	for beginning teacher licensing and development.," and must include technology and 
44.22 	information literacy standards that are consistent with recommendations from media 
44.23 	specialists and the department's educator licensing and teacher quality division. The board 
44.24 	must develop and implement a system for reviewing on a seven-year cycle all standards of 
44.25 	effective practice for teachers beginning in the 2007-2008 school year. Amendments to 
44.26 	standards adopted under this paragraph are covered by chapter 14. The board of teaching 
44.27 	shall report annually to the education committees of the legislature on the performance 
44.28 	of teacher candidates on common core assessments of knowledge and skills under this 
44.29 	paragraph during the most recent school year.

44.30 	EFFECTIVE DATE. This section is effective the day following final enactment. 

44.31 	Sec. 3. Minnesota Statutes 2004, section 122A.31, subdivision 1, is amended to read:
44.32 		Subdivision 1.Requirements for American sign language/English interpreters.
 44.33 	(a) Except as provided under subdivision 1a and in addition to any other requirements 
44.34 	that a school district establishes, any person employed to provide American sign 
45.1 	language/English interpreting or sign transliterating services on a full-time or part-time 
45.2 	basis for a school district after July 1, 2000, must:
45.3 	(1) hold current interpreter and transliterator certificates awarded by the Registry 
45.4 	of Interpreters for the Deaf (RID), or the general level interpreter proficiency certificate 
45.5 	awarded by the National Association of the Deaf (NAD), or a comparable state 
45.6 	certification from the commissioner of education; and
45.7 	(2) satisfactorily complete an interpreter/transliterator training program affiliated 
45.8 	with an accredited educational institution.
45.9 	(b) New graduates of an interpreter/transliterator program affiliated with an 
45.10 	accredited education institution shall be granted a two-year provisional certificate by 
45.11 	the commissioner. During the two-year provisional period, the interpreter/transliterator 
45.12 	must develop and implement an education plan in collaboration with a mentor under 
45.13 	paragraph (c).
45.14 	(c) A mentor of a provisionally certified interpreter/transliterator must be an 
45.15 	interpreter/transliterator who has either NAD level IV or V certification or RID 
45.16 	certified interpreter and certified transliterator certification and have at least three 
45.17 	years interpreting/transliterating experience in any educational setting. The mentor, in 
45.18 	collaboration with the provisionally certified interpreter/transliterator, shall develop and 
45.19 	implement an education plan designed to meet the requirements of paragraph (a), clause 
45.20 	(1), and include a weekly on-site mentoring process.
45.21 	(d) Consistent with the requirements of this paragraph, a person holding a 
45.22 	provisional certificate may apply to the commissioner for one time-limited extension. The 
45.23 	commissioner, in consultation with the Commission Serving Deaf and Hard-of-Hearing 
45.24 	People, must grant the person a time-limited extension of the provisional certificate based 
45.25 	on the following documentation:
45.26 	(1) letters of support from the person's mentor, a parent of a pupil the person serves, 
45.27 	the special education director of the district in which the person is employed, and a 
45.28 	representative from the regional service center of the deaf and hard-of-hearing;
45.29 	(2) records of the person's formal education, training, experience, and progress on 
45.30 	the person's education plan; and
45.31 	(3) an explanation of why the extension is needed.
45.32 	As a condition of receiving the extension, the person must comply with a plan 
45.33 	and the accompanying time line for meeting the requirements of this subdivision. A 
45.34 	committee composed of the director of the Minnesota Resource Center Serving Deaf and 
45.35 	Hard-of-Hearing, or the director's designee, a representative of the Minnesota Association 
45.36 	of Deaf Citizens, a representative of the Minnesota Registry of Interpreters of the Deaf, 
46.1 	and other appropriate persons selected by the commissioner must develop the plan and 
46.2 	time line for the person receiving the extension.
46.3 	(e) A school district may employ only an interpreter/transliterator who has been 
46.4 	certified under paragraph (a) or (b), or for whom a time-limited extension has been 
46.5 	granted under paragraph (d), or a person qualified as an interpreter/transliterator under 
46.6 	subdivision 1a.

46.7 	EFFECTIVE DATE. This section is effective for the 2006-2007 school year and 
46.8 	later. 

46.9 	Sec. 4. Minnesota Statutes 2004, section 122A.31, is amended by adding a subdivision 
46.10 	to read:
46.11 		Subd. 1a.Qualified deaf and hard-of-hearing interpreters/transliterators.  In 
46.12 	addition to employing a qualified interpreter/transliterator under subdivision 1, a school 
46.13 	district or charter school also may employ as an interpreter/transliterator a person who is 
46.14 	deaf or hard of hearing and holds a current reverse skills certificate (RSC) or a certified 
46.15 	deaf interpreter (CDI) certificate awarded by the Registry of Interpreters for the Deaf 
46.16 	(RID). The qualified deaf or hard-of-hearing person must be able to interpret between 
46.17 	American sign language and English-based sign language or transliterate between spoken 
46.18 	English and a signed code for English. The district or charter school may employ a 
46.19 	qualified person under this subdivision for a broad range of interpreting or transliterating 
46.20 	assignments. 

46.21 	EFFECTIVE DATE. This section is effective for the 2006-2007 school year and 
46.22 	later. 

46.23 	Sec. 5. [122A.416] ALTERNATIVE TEACHER COMPENSATION REVENUE 
46.24 	FOR PERPICH CENTER FOR ARTS EDUCATION AND MULTIDISTRICT 
46.25 	INTEGRATION COLLABORATIVES.
46.26 	Notwithstanding sections 122A.413, 122A.414, 122A.415, and 126C.10, 
46.27 	multidistrict integration collaboratives and the Perpich Center for Arts Education are 
46.28 	eligible to receive alternative teacher compensation revenue as if they were intermediate 
46.29 	school districts. To qualify for alternative teacher compensation revenue, a multidistrict 
46.30 	integration collaborative or the Perpich Center for Arts Education must meet all of the 
46.31 	requirements of sections 122A.413, 122A.414, and 122A.415 that apply to intermediate 
46.32 	school districts, must report its enrollment as of October 1 of each year to the department, 
46.33 	and must annually report its expenditures for the alternative teacher professional pay 
47.1 	system consistent with the uniform financial accounting and reporting standards to the 
47.2 	department by November 30 of each year.

47.3 	EFFECTIVE DATE. This section is effective for revenue for fiscal year 2007.

47.4 	Sec. 6. Minnesota Statutes 2004, section 123B.77, is amended by adding a subdivision 
47.5 	to read:
47.6 		Subd. 1a.School district consolidated financial statement. The commissioner, 
47.7 	in consultation with the advisory committee on financial management, accounting, and 
47.8 	reporting, shall develop and maintain a school district consolidated financial statement 
47.9 	format that converts uniform financial accounting and reporting standards data under 
47.10 	subdivision 1 into a more understandable format.

47.11 	EFFECTIVE DATE. This section is effective the day following final enactment.

47.12 	Sec. 7. Minnesota Statutes 2004, section 123B.77, subdivision 3, is amended to read:
47.13 		Subd. 3.Statement for comparison and correction. (a) By November 30 of the 
47.14 	calendar year of the submission of the unaudited financial data, the district must provide to 
47.15 	the commissioner audited financial data for the preceding fiscal year. The audit must be 
47.16 	conducted in compliance with generally accepted governmental auditing standards, the 
47.17 	federal Single Audit Act, and the Minnesota legal compliance guide issued by the Office 
47.18 	of the State Auditor. An audited financial statement prepared in a form which will allow 
47.19 	comparison with and correction of material differences in the unaudited financial data 
47.20 	shall be submitted to the commissioner and the state auditor by December 31. The audited 
47.21 	financial statement must also provide a statement of assurance pertaining to uniform 
47.22 	financial accounting and reporting standards compliance and a copy of the management 
47.23 	letter submitted to the district by the school district's auditor.
47.24 	(b) By January 15 of the calendar year following the submission of the unaudited 
47.25 	financial data, the commissioner shall convert the audited financial data required by this 
47.26 	subdivision into the consolidated financial statement format required under subdivision 1a 
47.27 	and publish the information on the department's Web site.

47.28 	EFFECTIVE DATE. This section is effective for financial statements prepared in 
47.29 	2006 and later.

47.30 	Sec. 8. [124D.935] HIGH SCHOOL REDESIGN GRANTS.
47.31 		Subdivision 1.Establishment; eligibility. A ten-year grant program is established 
47.32 	to improve student achievement in, improve teaching and learning of, and provide 
48.1 	expanded access to science, technology, engineering, and mathematics in a high school 
48.2 	through innovative strategies that better prepare students to succeed at postsecondary 
48.3 	education or complex work.  School districts, charter schools, intermediate districts, 
48.4 	groups of districts that cooperate for a particular purpose, and other public educational 
48.5 	institutions interested in participating in this grant program must:
48.6 	(1) design new or improve and adapt existing courses, programs, or a series of 
48.7 	aligned learning opportunities in science, technology, engineering, and mathematics to 
48.8 	incorporate algebra I in grade 8 and algebra II in high school and to integrate algebra II 
48.9 	into career and technical education programs where appropriate;
48.10 	(2) use applied learning strategies to improve the quality of and access to science, 
48.11 	technology, engineering, and mathematics courses, curricula, and laboratories for all 
48.12 	students, with strategies to aggressively increase the number of low-income and other 
48.13 	educationally at-risk students enrolling in these courses;
48.14 	(3) improve science, technology, engineering, and mathematics instruction for 
48.15 	students in underserved rural or urban areas or economically disadvantaged areas and for 
48.16 	other students who are educationally at-risk;
48.17 	(4) develop innovative ways to integrate technology into teaching and learning using 
48.18 	modern computers, networking, high quality educational software, multimedia across 
48.19 	curriculum, and affordable Internet connections;
48.20 	(5) advance the use of new technology, assistive technology, and media and materials 
48.21 	effective in educating youth with disabilities;
48.22 	(6) improve the content, interdisciplinary, and pedagogical knowledge of teachers, 
48.23 	administrators, and other educators who play a significant role in providing students with 
48.24 	challenging science, technology, engineering, and mathematics education, and focus on 
48.25 	teacher professional development;
48.26 	(7) use the ACT explore and plan system in grades 8 and 10 or other appropriate 
48.27 	education and career planning resources to identify the academic strengths and remedial 
48.28 	needs of individual students and provide individual students with education and career 
48.29 	planning information sufficient to select an appropriate planned high school course 
48.30 	sequence and make a successful transition to postsecondary education or advanced work;
48.31 	(8) enable teachers to individualize student instruction and allow students to 
48.32 	experiment, acquire skills, and apply content knowledge in science, technology, 
48.33 	engineering, and mathematics; 
48.34 	(9) sustain educational improvements in science, technology, engineering, and 
48.35 	mathematics by providing expert and peer advice and identifying, documenting, and 
48.36 	disseminating best practices and lessons to teachers and administrators statewide; and
49.1 	(10) develop partnerships with postsecondary institutions, business organizations, 
49.2 	professional organizations, and community-based organizations interested in science, 
49.3 	technology, engineering, or mathematics. 
49.4 		Subd. 2.Application and review process; funding priority. (a) School districts, 
49.5 	charter schools, intermediate districts, groups of districts that cooperate for a particular 
49.6 	purpose, and other public educational institutions interested in participating in this grant 
49.7 	program may apply to the commissioner, in the form and manner the commissioner 
49.8 	determines, for competitive funding to improve student achievement in, improve teaching 
49.9 	and learning of, and provide expanded access to science, technology, engineering, and 
49.10 	mathematics in a high school, consistent with subdivision 1.  The application must detail 
49.11 	the specific efforts the applicant intends to undertake to successfully implement innovative 
49.12 	strategies that affect the learning environment, academic content, and educational practices 
49.13 	in high school, and must include a proposed budget detailing the applicant's current and 
49.14 	proposed expenditures for these purposes. The proposed budget must demonstrate that the 
49.15 	applicant's efforts will supplement but not supplant expenditures the applicant currently 
49.16 	makes for science, technology, engineering, and mathematics teaching and learning. 
49.17 	Administrative expenditures must not exceed five percent of the proposed budget. The 
49.18 	commissioner may require an applicant to provide additional information.
49.19 	(b) When reviewing applications, the commissioner must determine whether 
49.20 	the applicant satisfied all the requirements in this subdivision and subdivision 1. The 
49.21 	commissioner may give funding priority to an otherwise qualified candidate that: 
49.22 	(1) combines day and evening programs; 
49.23 	(2) restructures grade 12 to allow students to complete out-of-school learning 
49.24 	experiences aligned with their in-school program; 
49.25 	(3) uses online learning options;
49.26 	(4) embeds higher level science, technology, engineering, and mathematics into 
49.27 	redesigned career and technical programs; 
49.28 	(5) enables students to receive both high school and college credit for successfully 
49.29 	completing science, technology, engineering, and mathematics programs and meeting 
49.30 	postsecondary institution placement requirements; 
49.31 	(6) targets low-income and other educationally at-risk students to improve their 
49.32 	participation and performance in science, technology, engineering, and mathematics 
49.33 	courses and careers; or 
49.34 	(7) strongly supports all students in exploring and preparing for careers in science, 
49.35 	technology, engineering, or mathematics. 
50.1 	The commissioner shall give funding priority to an otherwise qualified recipient 
50.2 	that received a grant for the previous fiscal year if the annual reports the recipient 
50.3 	submitted under subdivision 4 demonstrate that the recipient continues to improve student 
50.4 	achievement in and teaching and learning of and provide expanded access to science, 
50.5 	technology, engineering, and mathematics in a high school.
50.6 		Subd. 3.Grants; permissible uses. (a) The commissioner may award grants to 
50.7 	applicants meeting the requirements of subdivisions 1 and 2.  The commissioner must 
50.8 	award grants on an equitable geographical basis to the extent feasible and consistent 
50.9 	with this section.  
50.10 	(b) Each grant recipient must expend all grant funds it receives consistent with its 
50.11 	approved application and budget and this section. 
50.12 		Subd. 4.Annual reports. (a) Each recipient of a grant under this section must 
50.13 	annually collect student and teacher data to demonstrate and measure the extent to which 
50.14 	the grant recipient improves student achievement in, improves teaching and learning of, 
50.15 	and provides expanded access to science, technology, engineering, and mathematics in 
50.16 	a high school, and must report the data to the commissioner in the form and manner 
50.17 	the commissioner determines. The commissioner must, annually by February 15, make 
50.18 	summary data about this program available to the committees with jurisdiction over 
50.19 	education policy and finance in the house of representatives and senate.
50.20 	(b) Each grant recipient under this section must annually report to the commissioner, 
50.21 	consistent with the Uniform Financial Accounting and Reporting System, its actual 
50.22 	expenditures for the efforts it undertakes under this section. The report must demonstrate 
50.23 	that the grant recipient has maintained its effort from other sources for science, technology, 
50.24 	engineering, and mathematics teaching and learning efforts compared with the previous 
50.25 	fiscal year, and that the grant recipient has expended all grant funds it received under this 
50.26 	section consistent with its approved application and budget. Any unexpended grant funds 
50.27 	remaining at the end of a fiscal year must be reserved and expended consistent with the 
50.28 	grant recipient's approved budget for the subsequent fiscal year. 

50.29 	EFFECTIVE DATE. This section is effective the day following final enactment 
50.30 	and applies to the 2006-2007 school year and later.

50.31 	Sec. 9. Minnesota Statutes 2004, section 125A.02, subdivision 1, is amended to read:
50.32 		Subdivision 1.Child with a disability. Every child who has a hearing impairment, 
50.33 	blindness, visual disability, speech or language impairment, physical handicap, other 
50.34 	health impairment, mental handicap, emotional/behavioral disorder, specific learning 
50.35 	disability, autism, traumatic brain injury, multiple disabilities, or deaf/blind disability and 
51.1 	needs special instruction and services, as determined by the standards of the commissioner, 
51.2 	is a child with a disability. In addition, every child under age three, and at local district 
51.3 	discretion from age three to age seven, who needs special instruction and services, as 
51.4 	determined by the standards of the commissioner, because the child has a substantial delay 
51.5 	or has an identifiable physical or mental condition known to hinder normal development is 
51.6 	a child with a disability.

51.7 	EFFECTIVE DATE. This section is effective the day following final enactment.

51.8 	Sec. 10. Minnesota Statutes 2004, section 125A.75, is amended by adding a 
51.9 	subdivision to read:
51.10 		Subd. 9.Litigation costs; annual report. (a) By November 30 of each year, 
51.11 	a school district must annually report the district's special education litigation costs, 
51.12 	including attorney fees and costs of due process hearings, to the commissioner of 
51.13 	education, consistent with the Uniform Financial Accounting and Reporting Standards.
51.14 	(b) By January 15 of each year, the commissioner shall report school district special 
51.15 	education litigation costs to the house of representatives and the senate committees having 
51.16 	jurisdiction over kindergarten through grade 12 education finance.

51.17 	Sec. 11. Minnesota Statutes 2005 Supplement, section 126C.17, subdivision 9, is 
51.18 	amended to read:
51.19 		Subd. 9.Referendum revenue. (a) The revenue authorized by section 126C.10, 
51.20 	subdivision 1, may be increased in the amount approved by the voters of the district at a 
51.21 	referendum called for the purpose. The referendum may be called by the board or shall be 
51.22 	called by the board upon written petition of qualified voters of the district. The referendum 
51.23 	must be conducted one or two calendar years before the increased levy authority, if 
51.24 	approved, first becomes payable. Only one election No more than two elections to 
51.25 	approve an increase may be held in a calendar year. Unless the referendum is conducted 
51.26 	by mail under paragraph (g), the referendum must be held on the first Tuesday after the 
51.27 	first Monday in June or the first Tuesday after the first Monday in November. The ballot 
51.28 	must state the maximum amount of the increased revenue per resident marginal cost pupil 
51.29 	unit. The ballot may state a schedule, determined by the board, of increased revenue per 
51.30 	resident marginal cost pupil unit that differs from year to year over the number of years for 
51.31 	which the increased revenue is authorized. The ballot may state that existing referendum 
51.32 	levy authority is expiring. In this case, the ballot may also compare the proposed levy 
51.33 	authority to the existing expiring levy authority, and express the proposed increase as the 
51.34 	amount, if any, over the expiring referendum levy authority. The ballot must designate 
52.1 	the specific number of years, not to exceed ten, for which the referendum authorization 
52.2 	applies. The ballot, including a ballot on the question to revoke or reduce the increased 
52.3 	revenue amount under paragraph (c), must abbreviate the term "per resident marginal cost 
52.4 	pupil unit" as "per pupil." The notice required under section 275.60 may be modified to 
52.5 	read, in cases of renewing existing levies:
52.6 	"BY VOTING "YES" ON THIS BALLOT QUESTION, YOU MAY BE VOTING 
52.7 	FOR A PROPERTY TAX INCREASE."
52.8 	The ballot may contain a textual portion with the information required in this 
52.9 	subdivision and a question stating substantially the following:
52.10 	"Shall the increase in the revenue proposed by (petition to) the board of ........., 
52.11 	School District No. .., be approved?"
52.12 	If approved, an amount equal to the approved revenue per resident marginal cost 
52.13 	pupil unit times the resident marginal cost pupil units for the school year beginning in 
52.14 	the year after the levy is certified shall be authorized for certification for the number of 
52.15 	years approved, if applicable, or until revoked or reduced by the voters of the district at a 
52.16 	subsequent referendum.
52.17 	(b) The board must prepare and deliver by first class mail at least 15 days but no more 
52.18 	than 30 days before the day of the referendum to each taxpayer a notice of the referendum 
52.19 	and the proposed revenue increase. The board need not mail more than one notice to any 
52.20 	taxpayer. For the purpose of giving mailed notice under this subdivision, owners must be 
52.21 	those shown to be owners on the records of the county auditor or, in any county where 
52.22 	tax statements are mailed by the county treasurer, on the records of the county treasurer. 
52.23 	Every property owner whose name does not appear on the records of the county auditor 
52.24 	or the county treasurer is deemed to have waived this mailed notice unless the owner 
52.25 	has requested in writing that the county auditor or county treasurer, as the case may be, 
52.26 	include the name on the records for this purpose. The notice must project the anticipated 
52.27 	amount of tax increase in annual dollars for typical residential homesteads, agricultural 
52.28 	homesteads, apartments, and commercial-industrial property within the school district.
52.29 	The notice for a referendum may state that an existing referendum levy is expiring 
52.30 	and project the anticipated amount of increase over the existing referendum levy in 
52.31 	the first year, if any, in annual dollars for typical residential homesteads, agricultural 
52.32 	homesteads, apartments, and commercial-industrial property within the district.
52.33 	The notice must include the following statement: "Passage of this referendum will 
52.34 	result in an increase in your property taxes." However, in cases of renewing existing 
52.35 	levies, the notice may include the following statement: "Passage of this referendum may 
52.36 	result in an increase in your property taxes."
53.1 	(c) A referendum on the question of revoking or reducing the increased revenue 
53.2 	amount authorized pursuant to paragraph (a) may be called by the board and shall be called 
53.3 	by the board upon the written petition of qualified voters of the district. A referendum to 
53.4 	revoke or reduce the revenue amount must state the amount per resident marginal cost 
53.5 	pupil unit by which the authority is to be reduced. Revenue authority approved by the 
53.6 	voters of the district pursuant to paragraph (a) must be available to the school district at 
53.7 	least once before it is subject to a referendum on its revocation or reduction for subsequent 
53.8 	years. Only one revocation or reduction referendum may be held to revoke or reduce 
53.9 	referendum revenue for any specific year and for years thereafter.
53.10 	(d) A petition authorized by paragraph (a) or (c) is effective if signed by a number of 
53.11 	qualified voters in excess of 15 percent of the registered voters of the district on the day 
53.12 	the petition is filed with the board. A referendum invoked by petition must be held on the 
53.13 	date specified in paragraph (a).
53.14 	(e) The approval of 50 percent plus one of those voting on the question is required to 
53.15 	pass a referendum authorized by this subdivision.
53.16 	(f) At least 15 days before the day of the referendum, the district must submit a 
53.17 	copy of the notice required under paragraph (b) to the commissioner and to the county 
53.18 	auditor of each county in which the district is located. Within 15 days after the results 
53.19 	of the referendum have been certified by the board, or in the case of a recount, the 
53.20 	certification of the results of the recount by the canvassing board, the district must notify 
53.21 	the commissioner of the results of the referendum.

53.22 	Sec. 12. RULE ON VISUALLY IMPAIRED TO INCLUDE REFERENCES TO 
53.23 	"BLIND" AND "BLINDNESS."
 53.24 	The commissioner of education, where appropriate, must incorporate references to 
53.25 	"blind" and "blindness" into the definition of visually impaired under Minnesota Rules, 
53.26 	part 3525.1345, and amend the rule title to include the word "blind."

53.27 	EFFECTIVE DATE. This section is effective the day following final enactment. 

53.28 	Sec. 13. 
53.29 	PILOT PROGRAM TO FACILITATE YOUNG CHILDREN'S SECOND 
53.30 	LANGUAGE LEARNING AND STRONGER LITERACY AND VERBAL SKILLS.
53.31 	(a) A pilot program for fiscal year 2007 is established to allow school districts to 
53.32 	use child-relevant American sign language to encourage children in kindergarten through 
53.33 	third grade to learn a second language and develop stronger literacy and verbal skills and 
54.1 	better classroom attention.  School districts that have (i) child care centers or Head Start 
54.2 	classrooms, (ii) English language learners, foreign language classrooms or language 
54.3 	immersion programs, (iii) resident families with internationally adopted children or (iv) 
54.4 	classrooms in which children with special needs are served may apply to the education 
54.5 	commissioner, in the form and manner the commissioner determines, for a pilot program 
54.6 	grant.  School districts that receive a grant under this section must use the grant to train 
54.7 	education staff who work with children in kindergarten through grade three, including 
54.8 	at least classroom teachers, teachers' assistants, ESL teachers and special education 
54.9 	teachers, to use 600 child-relevant signs in sign language to help hearing students 
54.10 	acquire vocabulary quickly and easily, become better problem solvers, creative thinkers 
54.11 	and communicators and better prepared academically, and to use effective strategies to 
54.12 	incorporate sign language into classroom instruction.  
54.13 	(b) The commissioner may awards grants to qualified school districts on a 
54.14 	first-come-first-served basis to allow training for 1000 education staff under this section.
54.15 	(c) The commissioner shall provide for an independent evaluation of the efficacy 
54.16 	of the pilot program under this section and shall recommend to the education policy and 
54.17 	finance committees of the legislature by February 15, 2008, whether or not the program 
54.18 	should be continued and expanded.

54.19 	EFFECTIVE DATE. This section is effective for the 2006-2007 school year and 
54.20 	later.

54.21 	Sec. 14. CHINESE LANGUAGE PROGRAMS; CURRICULUM 
54.22 	DEVELOPMENT PROJECT.
 54.23 		Subdivision 1.Project parameters. (a) Notwithstanding other law to the contrary, 
54.24 	the commissioner of education may contract with the Board of Regents of the University 
54.25 	of Minnesota or other Minnesota public entity the commissioner determines is qualified 
54.26 	to undertake the development of an articulated K-12 Chinese curriculum for Minnesota 
54.27 	schools that involves:
54.28 	(1) creating a network of Chinese teachers and educators able to develop new and 
54.29 	modify or expand existing world languages K-12 curricula, materials, assessments, and 
54.30 	best practices needed to provide Chinese language instruction to students; and
54.31 	(2) coordinating statewide efforts to develop and expand Chinese language 
54.32 	instruction so that it is uniformly available to students throughout the state, and making 
54.33 	innovative use of media and technology, including television, distance learning, and online 
54.34 	courses to broaden students' access to the instruction.
55.1 	(b) The entity with which the commissioner contracts under paragraph (a) must have 
55.2 	sufficient knowledge and expertise to ensure the professional development of appropriate, 
55.3 	high quality curricula, supplementary materials, aligned assessments, and best practices 
55.4 	that accommodate different levels of student ability and types of programs.
55.5 	(c) Project participants must:
55.6 	(1) work throughout the project to develop curriculum, supplementary materials, 
55.7 	aligned assessments, and best practices; and
55.8 	(2) make curriculum, supplementary materials, aligned assessments, and best 
55.9 	practices equitably available to Minnesota schools and students.
55.10 		Subd. 2.Project participants. The entity with which the commissioner contracts 
55.11 	must work with the network of Chinese teachers and educators to:
55.12 	(1) conduct an inventory of Chinese language curricula, supplementary materials, 
55.13 	and professional development initiatives currently used in Minnesota or other states;
55.14 	(2) develop Chinese language curricula and benchmarks aligned to local world 
55.15 	language standards and classroom-based assessments; and
55.16 	(3) review and recommend to the commissioner how best to build an educational 
55.17 	infrastructure to provide more students with Chinese language instruction, including 
55.18 	how to develop and provide: an adequate supply of Chinese language teachers; an 
55.19 	adequate number of high quality school programs; appropriate curriculum, instructional 
55.20 	materials, and aligned assessments that include technology-based delivery systems; 
55.21 	teacher preparation programs to train Chinese language teachers; expedited licensing of 
55.22 	Chinese language teachers; best practices in existing educational programs that can be 
55.23 	used to establish K-12 Chinese language programs; and technical assistance resources.

55.24 	EFFECTIVE DATE. This section is effective the day following final enactment.

55.25 	Sec. 15. SCHOOL BUILDING CONDITION REPORT.
 55.26 	The commissioner of education, by January 15, 2007, must report to the house of 
55.27 	representatives and senate committees having jurisdiction over kindergarten through 
55.28 	grade 12 education finance on the condition of school buildings in Minnesota that cannot 
55.29 	economically be repaired and renovated and must be replaced within the next five years 
55.30 	in order to provide educational opportunities to students consistent with state academic 
55.31 	standards. The report shall, at a minimum, identify each building, efforts by the school 
55.32 	district to raise the revenue to replace the building, the cost of replacement, total school 
55.33 	property taxes levied by each district, and the commissioner's recommendations of what 
55.34 	role, if any, the state should play in providing funding for the replacement.

56.1 	Sec. 16. APPROPRIATIONS.
 56.2 		Subdivision 1.Department of Education. The sums indicated in this section are 
56.3 	appropriated from the general fund to the Department of Education for the fiscal years 
56.4 	designated.
56.5 		Subd. 2.AP, IB, and concurrent enrollment increased student participation. For 
56.6 	the increased participation of students in advanced placement, international baccalaureate, 
56.7 	and concurrent enrollment programs under Minnesota Statutes, section 120B.132:

56.8		$
	7,319,000
	.....
	2007
	
56.9 	This appropriation includes $0 for fiscal year 2006 and $7,319,000 for fiscal year 
56.10 	2007.
56.11 		Subd. 3.High school redesign grants.  To implement the high school redesign 
56.12 	grants under section 8:

56.13		$
	5,000,000
	.....
	2007
	
56.14 		Subd. 4.Chinese language. For the Chinese language curriculum project under 
56.15 	section 14:

56.16		$
	250,000
	.....
	2007
	
56.17 	The commissioner must report to the house of representatives and senate committees 
56.18 	having jurisdiction over kindergarten through grade 12 education policy and finance on 
56.19 	the range of the program by February 15, 2007. The report shall address the applicability 
56.20 	of the Chinese language curriculum project to other world languages and include the 
56.21 	availability of instructors, curriculum, high-quality school programs, assessments, and 
56.22 	best practices as they apply to world languages.
56.23 	This is a onetime appropriation.
56.24 		Subd. 5.Child-relevant American sign language. For a contract with a qualified 
56.25 	provider to train education staff to use child-relevant American sign language to facilitate 
56.26 	young children's development of second language learning and stronger literacy and 
56.27 	verbal skills.

56.28		$
	225,000
	.....
	2007
	
57.1 	Of this appropriation, $150,000 is for actual training costs, $35,000 is for 
57.2 	an independent evaluation of the efficacy of the pilot program and $40,000 is for 
57.3 	administrative and marketing costs incurred by the Education Department.

57.4 	EFFECTIVE DATE. This section is effective the day following final enactment.

57.5 	Sec. 17.  REPEALER.
 57.6 	Minnesota Statutes 2004, section 123B.749, is repealed.

57.7 	ARTICLE 3
57.8 	SPECIAL PROGRAMS

57.9 	Section 1. Minnesota Statutes 2005 Supplement, section 125A.11, subdivision 1, 
57.10 	is amended to read:
57.11 		Subdivision 1.Nonresident tuition rate; other costs. (a) For fiscal year 2006, 
57.12 	when a school district provides instruction and services outside the district of residence, 
57.13 	board and lodging, and any tuition to be paid, shall be paid by the district of residence. The 
57.14 	tuition rate to be charged for any child with a disability, excluding a pupil for whom tuition 
57.15 	is calculated according to section 127A.47, subdivision 7, paragraph (d), must be the sum 
57.16 	of (1) the actual cost of providing special instruction and services to the child including 
57.17 	a proportionate amount for special transportation and unreimbursed building lease and 
57.18 	debt service costs for facilities used primarily for special education, plus (2) the amount 
57.19 	of general education revenue and referendum aid attributable to the pupil, minus (3) the 
57.20 	amount of special education aid for children with a disability received on behalf of that 
57.21 	child, minus (4) if the pupil receives special instruction and services outside the regular 
57.22 	classroom for more than 60 percent of the school day, the amount of general education 
57.23 	revenue and referendum aid, excluding portions attributable to district and school 
57.24 	administration, district support services, operations and maintenance, capital expenditures, 
57.25 	and pupil transportation, attributable to that pupil for the portion of time the pupil receives 
57.26 	special instruction in and services outside the regular classroom. If the boards involved 
57.27 	do not agree upon the tuition rate, either board may apply to the commissioner to fix the 
57.28 	rate. Notwithstanding chapter 14, the commissioner must then set a date for a hearing or 
57.29 	request a written statement from each board, giving each board at least ten days' notice, 
57.30 	and after the hearing or review of the written statements the commissioner must make an 
57.31 	order fixing the tuition rate, which is binding on both school districts. General education 
57.32 	revenue and referendum aid attributable to a pupil must be calculated using the resident 
57.33 	district's average general education and referendum revenue per adjusted pupil unit.
58.1 	(b) For fiscal year 2007 and later, when a school district provides special instruction 
58.2 	and services for a pupil with a disability as defined in section 125A.02 outside the district 
58.3 	of residence, excluding a pupil for whom an adjustment to special education aid is 
58.4 	calculated according to section 127A.47, subdivision 7, paragraph (e), special education 
58.5 	aid paid to the resident district must be reduced by an amount equal to (1) the actual 
58.6 	cost of providing special instruction and services to the pupil, including a proportionate 
58.7 	amount for special transportation and unreimbursed building lease and debt service costs 
58.8 	for facilities used primarily for special education, plus (2) the amount of general education 
58.9 	revenue and referendum aid attributable to that pupil, minus (3) the amount of special 
58.10 	education aid for children with a disability received on behalf of that child, minus (4) if the 
58.11 	pupil receives special instruction and services outside the regular classroom for more than 
58.12 	60 percent of the school day, the amount of general education revenue and referendum 
58.13 	aid, excluding portions attributable to district and school administration, district support 
58.14 	services, operations and maintenance, capital expenditures, and pupil transportation, 
58.15 	attributable to that pupil for the portion of time the pupil receives special  instruction in
58.16 	and services outside the regular classroom. General education revenue and referendum 
58.17 	aid attributable to a pupil must be calculated using the resident district's average general 
58.18 	education revenue and referendum aid per adjusted pupil unit. Special education aid 
58.19 	paid to the district or cooperative providing special instruction and services for the pupil 
58.20 	must be increased by the amount of the reduction in the aid paid to the resident district. 
58.21 	Amounts paid to cooperatives under this subdivision and section 127A.47, subdivision 
58.22 	7, shall be recognized and reported as revenues and expenditures on the resident school 
58.23 	district's books of account under sections 123B.75 and 123B.76. If the resident district's 
58.24 	special education aid is insufficient to make the full adjustment, the remaining adjustment 
58.25 	shall be made to other state aid due to the district.
58.26 	(c) Notwithstanding paragraphs (a) and (b) and section 127A.47, subdivision 7, 
58.27 	paragraphs (d) and (e), a charter school where more than 30 percent of enrolled students 
58.28 	receive special education and related services, an intermediate district, or a special 
58.29 	education cooperative may apply to the commissioner for authority to charge the resident 
58.30 	district an additional amount to recover any remaining unreimbursed costs of serving 
58.31 	pupils with a disability. The application must include a description of the costs and the 
58.32 	calculations used to determine the unreimbursed portion to be charged to the resident 
58.33 	district. Amounts approved by the commissioner under this paragraph must be included 
58.34 	in the tuition billings or aid adjustments under paragraph (a) or (b), or section 127A.47, 
58.35 	subdivision 7, paragraph (d) or (e), as applicable.

58.36 	EFFECTIVE DATE.  This section is effective the day following final enactment.

59.1 	Sec. 2. Minnesota Statutes 2004, section 125A.27, subdivision 11, is amended to read:
59.2 		Subd. 11.Interagency child find systems. "Interagency child find systems" 
59.3 	means activities developed on an interagency basis with the involvement of interagency 
59.4 	early intervention committees and other relevant community groups using rigorous 
59.5 	standards to actively seek out, identify, and refer infants and young children, with, or at 
59.6 	risk of, disabilities, and their families, including a child under the age of three who: (1) 
59.7 	is involved in a substantiated case of abuse or neglect, or (2) is identified as affected by 
59.8 	illegal substance abuse, or withdrawal symptoms resulting from prenatal drug exposure, to 
59.9 	reduce the need for future services.

59.10 	Sec. 3. Minnesota Statutes 2005 Supplement, section 125A.28, is amended to read:
59.11 	125A.28 STATE INTERAGENCY COORDINATING COUNCIL.
59.12 	An Interagency Coordinating Council of at least 17, but not more than 25 members 
59.13 	is established, in compliance with Public Law 102-119 108-446, section 682 641. The 
59.14 	members must be appointed by the governor. Council members must elect the council 
59.15 	chair. The representative of the commissioner may not serve as the chair. The council 
59.16 	must be composed of at least five parents, including persons of color, of children with 
59.17 	disabilities under age 12, including at least three parents of a child with a disability 
59.18 	under age seven, five representatives of public or private providers of services for 
59.19 	children with disabilities under age five, including a special education director, county 
59.20 	social service director, local Head Start director, and a community health services or 
59.21 	public health nursing administrator, one member of the senate, one member of the 
59.22 	house of representatives, one representative of teacher preparation programs in early 
59.23 	childhood-special education or other preparation programs in early childhood intervention, 
59.24 	at least one representative of advocacy organizations for children with disabilities under 
59.25 	age five, one physician who cares for young children with special health care needs, one 
59.26 	representative each from the commissioners of commerce, education, health, human 
59.27 	services, a representative from the state agency responsible for child care, foster care, 
59.28 	mental health, homeless coordinator of education of homeless children and youth, and a 
59.29 	representative from Indian health services or a tribal council. Section 15.059, subdivisions 
59.30 	2 to 5, apply to the council. The council must meet at least quarterly.
59.31 	The council must address methods of implementing the state policy of developing 
59.32 	and implementing comprehensive, coordinated, multidisciplinary interagency programs of 
59.33 	early intervention services for children with disabilities and their families.
59.34 	The duties of the council include recommending policies to ensure a comprehensive 
59.35 	and coordinated system of all state and local agency services for children under age five 
60.1 	with disabilities and their families. The policies must address how to incorporate each 
60.2 	agency's services into a unified state and local system of multidisciplinary assessment 
60.3 	practices, individual intervention plans, comprehensive systems to find children in need of 
60.4 	services, methods to improve public awareness, and assistance in determining the role of 
60.5 	interagency early intervention committees.
60.6 	On the date that Minnesota Part C Annual Performance Report is submitted to the 
60.7 	federal Office of Special Education, the council must recommend to the governor and the 
60.8 	commissioners of education, health, human services, commerce, and employment and 
60.9 	economic development policies for a comprehensive and coordinated system.
60.10 	Notwithstanding any other law to the contrary, the State Interagency Coordinating 
60.11 	Council expires on June 30, 2009.

60.12 	Sec. 4. Minnesota Statutes 2004, section 125A.29, is amended to read:
60.13 	125A.29 RESPONSIBILITIES OF COUNTY BOARDS AND SCHOOL 
60.14 	BOARDS.
60.15 	(a) It is the joint responsibility of county boards and school boards to coordinate, 
60.16 	provide, and pay for appropriate services, and to facilitate payment for services from public 
60.17 	and private sources. Appropriate services for children eligible under section  125A.02 must 
60.18 	be determined in consultation with parents, physicians, and other educational, medical, 
60.19 	health, and human services providers. The services provided must be in conformity with:
60.20 	(1)  an IFSP for each eligible infant and toddler from birth through age two and its
60.21 	the infant's or toddler's  family, including:
60.22 	(i) Indian infants and toddlers with disabilities and their families residing on a 
60.23 	reservation geographically located in the state;
60.24 	(ii) infants and toddlers with disabilities who are homeless children and their 
60.25 	families; and
60.26 	(iii) infants and toddlers with disabilities who are wards of the state;  or 
60.27 	(2) an individual education plan (IEP) or individual service plan (ISP) for each 
60.28 	eligible child ages three through four. 
60.29 	(b) Appropriate services include family education and counseling, home visits, 
60.30 	occupational and physical therapy, speech pathology, audiology, psychological services, 
60.31 	special instruction, nursing, respite, nutrition, assistive technology, transportation 
60.32 	and related costs, social work, vision services, case management including service 
60.33 	coordination under section  125A.33, medical services for diagnostic and evaluation 
60.34 	purposes, early identification, and screening, assessment, and health services necessary to 
60.35 	enable children with disabilities to benefit from early intervention services. 
61.1 	(c) School and county boards shall coordinate early intervention services. In the 
61.2 	absence of agreements established according to section  125A.39, service responsibilities 
61.3 	for children birth through age two are as follows: 
61.4 	(1) school boards must provide, pay for, and facilitate payment for special education 
61.5 	and related services required under sections  125A.05 and  125A.06; 
61.6 	(2) county boards must provide, pay for, and facilitate payment for noneducational 
61.7 	services of social work, psychology, transportation and related costs, nursing, respite, and 
61.8 	nutrition services not required under clause (1).
61.9 	(d) School and county boards may develop an interagency agreement according 
61.10 	to section  125A.39 to establish agency responsibility that assures early intervention 
61.11 	services are coordinated, provided, paid for, and that payment is facilitated from public 
61.12 	and private sources. 
61.13 	(e) County and school boards must jointly determine the primary agency in this 
61.14 	cooperative effort and must notify the commissioner of the state lead agency of their 
61.15 	decision.

61.16 	Sec. 5. Minnesota Statutes 2004, section 125A.30, is amended to read:
61.17 	125A.30 INTERAGENCY EARLY INTERVENTION COMMITTEES.
61.18 	(a) A school district, group of districts, or special education cooperative, in 
61.19 	cooperation with the health and human service agencies located in the county or counties 
61.20 	in which the district or cooperative is located, must establish an Interagency Early 
61.21 	Intervention Committee for children with disabilities under age five and their families 
61.22 	under this section, and for children with disabilities ages three to 22 consistent with 
61.23 	the requirements under sections  125A.023 and  125A.027. Committees must include 
61.24 	representatives of local health, education, and county human service agencies, county 
61.25 	boards, school boards, early childhood family education programs, Head Start, parents of 
61.26 	young children with disabilities under age 12, child care resource and referral agencies, 
61.27 	school readiness programs, current service providers, and may also include representatives 
61.28 	from other private or public agencies and school nurses. The committee must elect a chair 
61.29 	from among its members and must meet at least quarterly. 
61.30 	(b) The committee must develop and implement interagency policies and procedures 
61.31 	concerning the following ongoing duties:
61.32 	(1) develop public awareness systems designed to inform potential recipient 
61.33 	families, especially parents with premature infants, or infants with other physical risk 
61.34 	factors associated with learning or development complications, of available programs 
61.35 	and services;
62.1 	(2) implement interagency child find systems designed to actively seek out, identify, 
62.2 	and refer infants and young children with, or at risk of, disabilities, including a child under 
62.3 	the age of three who: (i) is involved in a substantiated case of abuse or (ii) is identified 
62.4 	as affected by illegal substance abuse, or withdrawal symptoms resulting from prenatal 
62.5 	drug exposure; to reduce the need for future services; and their families, especially parents 
62.6 	with premature infants, or infants with other physical risk factors associated with learning 
62.7 	or development complications;
62.8 	(3) establish and evaluate the identification, referral, child and family assessment 
62.9 	systems, procedural safeguard process, and community learning systems to recommend, 
62.10 	where necessary, alterations and improvements;
62.11 	(4) assure the development of individualized family service plans for all eligible 
62.12 	infants and toddlers with disabilities from birth through age two, and their families, and 
62.13 	individual education plans and individual service plans when necessary to appropriately 
62.14 	serve children with disabilities, age three and older, and their families and recommend 
62.15 	assignment of financial responsibilities to the appropriate agencies;
62.16 	(5) encourage agencies to develop individual family service plans for children with 
62.17 	disabilities, age three and older;
62.18 	(6) implement a process for assuring that services involve cooperating agencies at all 
62.19 	steps leading to individualized programs;
62.20 	(7) (6) facilitate the development of a transitional plan if a service provider is not 
62.21 	recommended to continue to provide services;
62.22 	(8) (7) identify the current services and funding being provided within the 
62.23 	community for children with disabilities under age five and their families;
62.24 	(9) (8) develop a plan for the allocation and expenditure of additional state and 
62.25 	federal early intervention funds under United States Code, title 20, section 1471 et seq. 
62.26 	(Part C, Public Law 102-119 108-446) and United States Code, title 20, section 631, et 
62.27 	seq. (Chapter I, Public Law 89-313); and
62.28 	(10) (9) develop a policy that is consistent with section  13.05, subdivision 9, and 
62.29 	federal law to enable a member of an interagency early intervention committee to allow 
62.30 	another member access to data classified as not public. 
62.31 	(c) The local committee shall also:
62.32 	(1) participate in needs assessments and program planning activities conducted by 
62.33 	local social service, health and education agencies for young children with disabilities and 
62.34 	their families; and
62.35 	(2) review and comment on the early intervention section of the total special 
62.36 	education system for the district, the county social service plan, the section or sections of 
63.1 	the community health services plan that address needs of and service activities targeted 
63.2 	to children with special health care needs, the section on children with special needs in 
63.3 	the county child care fund plan, sections in Head Start plans on coordinated planning and 
63.4 	services for children with special needs, any relevant portions of early childhood education 
63.5 	plans, such as early childhood family education or school readiness, or other applicable 
63.6 	coordinated school and community plans for early childhood programs and services, and 
63.7 	the section of the maternal and child health special project grants that address needs of and 
63.8 	service activities targeted to children with chronic illness and disabilities.

63.9 	Sec. 6. Minnesota Statutes 2004, section 125A.32, is amended to read:
63.10 	125A.32 INDIVIDUALIZED FAMILY SERVICE PLAN.
63.11 	(a) A team must participate in IFSP meetings to develop the IFSP. The team shall 
63.12 	include:
63.13 	(1) a parent or parents of the child;
63.14 	(2) other family members, as requested by the parent, if feasible to do so;
63.15 	(3) an advocate or person outside of the family, if the parent requests that the 
63.16 	person participate;
63.17 	(4) the service coordinator who has been working with the family since the 
63.18 	initial referral, or who has been designated by the public agency to be responsible for 
63.19 	implementation of the IFSP and coordination with other agencies including transition 
63.20 	services; and
63.21 	(5) a person or persons involved in conducting evaluations and assessments.
63.22 	(b) The IFSP must include:
63.23 	(1) information about the child's developmental status;
63.24 	(2) family information, with the consent of the family;
63.25 	(3) measurable results or major outcomes expected to be achieved by the child and 
63.26 	the family that include preliteracy and language skills, as developmentally appropriate 
63.27 	for the child, and the criteria, procedures, and timelines;
63.28 	(4) specific early intervention services based on peer-reviewed research, to the 
63.29 	extent practicable, necessary to meet the unique needs of the child and the family to 
63.30 	achieve the outcomes;
63.31 	(5) payment arrangements, if any;
63.32 	(6) medical and other services that the child needs, but that are not required under 
63.33 	the Individual with Disabilities Education Act, United States Code, title 20, section 1471 
63.34 	et seq. (Part C, Public Law 102-119 108-446) including funding sources to be used in 
64.1 	paying for those services and the steps that will be taken to secure those services through 
64.2 	public or private sources;
64.3 	(7) dates and duration of early intervention services;
64.4 	(8) name of the service coordinator;
64.5 	(9) steps to be taken to support a child's transition from early intervention services to 
64.6 	other appropriate services, including convening a transition conference at least 90 days, or 
64.7 	at the discretion of all parties, not more than nine months prior to the child's eligibility for 
64.8 	preschool services; and
64.9 	(10) signature of the parent and authorized signatures of the agencies responsible 
64.10 	for providing, paying for, or facilitating payment, or any combination of these, for early 
64.11 	intervention services.

64.12 	Sec. 7. Minnesota Statutes 2004, section 125A.33, is amended to read:
64.13 	125A.33 SERVICE COORDINATION.
64.14 	(a) The team developing the IFSP under section  125A.32 must select a service 
64.15 	coordinator to carry out service coordination activities on an interagency basis. Service 
64.16 	coordination must actively promote a family's capacity and competency to identify, 
64.17 	obtain, coordinate, monitor, and evaluate resources and services to meet the family's 
64.18 	needs. Service coordination activities include: 
64.19 	(1) coordinating the performance of evaluations and assessments;
64.20 	(2) facilitating and participating in the development, review, and evaluation of 
64.21 	individualized family service plans;
64.22 	(3) assisting families in identifying available service providers;
64.23 	(4) coordinating and monitoring the delivery of available services;
64.24 	(5) informing families of the availability of advocacy services;
64.25 	(6) coordinating with medical, health, and other service providers;
64.26 	(7) facilitating the development of a transition plan at least 90 days before the time 
64.27 	the child is no longer eligible for early intervention services, or at the discretion of all 
64.28 	parties, not more than nine months prior to the child's eligibility for preschool services, 
64.29 	if appropriate;
64.30 	(8) managing the early intervention record and submitting additional information to 
64.31 	the local primary agency at the time of periodic review and annual evaluations; and
64.32 	(9) notifying a local primary agency when disputes between agencies impact service 
64.33 	delivery required by an IFSP.
65.1 	(b) A service coordinator must be knowledgeable about children and families 
65.2 	receiving services under this section, requirements of state and federal law, and services 
65.3 	available in the interagency early childhood intervention system.

65.4 	Sec. 8. Minnesota Statutes 2004, section 125A.48, is amended to read:
65.5 	125A.48 STATE INTERAGENCY AGREEMENT.
65.6 	(a) The commissioners of the Departments of Education, Health, and Human 
65.7 	Services must enter into an agreement to implement this section and Part H C, Public 
65.8 	Law 102-119 108-446, and as required by Code of Federal Regulations, title 34, section  
65.9 	303.523, to promote the development and implementation of interagency, coordinated, 
65.10 	multidisciplinary state and local early childhood intervention service systems for serving 
65.11 	eligible young children with disabilities, birth through age two, and their families and 
65.12 	to ensure the meaningful involvement of underserved groups, including minority, 
65.13 	low-income, homeless, and rural families and children with disabilities who are wards 
65.14 	of the state. The agreement must be reviewed annually. 
65.15 	(b) The state interagency agreement must outline at a minimum the conditions, 
65.16 	procedures, purposes, and responsibilities of the participating state and local agencies 
65.17 	for the following:
65.18 	(1) membership, roles, and responsibilities of a state interagency committee for 
65.19 	the oversight of priorities and budget allocations under Part H C, Public Law 102-119
65.20 	108-446, and other state allocations for this program;
65.21 	(2) child find;
65.22 	(3) establishment of local interagency agreements;
65.23 	(4) review by a state interagency committee of the allocation of additional state and 
65.24 	federal early intervention funds by local agencies;
65.25 	(5) fiscal responsibilities of the state and local agencies;
65.26 	(6) intraagency and interagency dispute resolution;
65.27 	(7) payor of last resort;
65.28 	(8) maintenance of effort;
65.29 	(9) procedural safeguards, including mediation;
65.30 	(10) complaint resolution;
65.31 	(11) quality assurance;
65.32 	(12) data collection;
65.33 	(13) an annual summary to the state Interagency Coordinating Council regarding 
65.34 	conflict resolution activities including disputes, due process hearings, and complaints; and
66.1 	(14) other components of the state and local early intervention system consistent 
66.2 	with Public Law 102-119 108-446.
66.3 	Written materials must be developed for parents, IEIC's, and local service providers 
66.4 	that describe procedures developed under this section as required by Code of Federal 
66.5 	Regulations, title 34, section 303.

66.6 	Sec. 9. Minnesota Statutes 2004, section 125A.515, subdivision 1, is amended to read:
66.7 		Subdivision 1.Approval of education programs. The commissioner shall 
66.8 	approve education programs for placement of children and youth in care and treatment
66.9 	residential facilities including detention centers, before being licensed by the Department 
66.10 	of Human Services under Minnesota Rules, parts 9545.0905 to 9545.1125 and 9545.1400 
66.11 	to 9545.1480, or the Department of Corrections under Minnesota Rules, chapters 2925, 
66.12 	2930, 2935, and 2950. Education programs in these facilities shall conform to state and 
66.13 	federal education laws including the Individuals with Disabilities Education Act (IDEA).
66.14 	This section applies only to placements in facilities licensed by the Department of Human 
66.15 	Services or the Department of Corrections.

66.16 	Sec. 10. Minnesota Statutes 2004, section 125A.515, subdivision 3, is amended to read:
66.17 		Subd. 3.Responsibilities for providing education. (a) The district in which the 
66.18 	residential facility is located must provide education services, including special education 
66.19 	if eligible, to all students placed in a facility for care and treatment.
66.20 	(b) For education programs operated by the Department of Corrections, the 
66.21 	providing district shall be the Department of Corrections. For students remanded to the 
66.22 	commissioner of corrections, the providing and resident district shall be the Department 
66.23 	of Corrections.
66.24 	(c) Placement for care and treatment does not automatically make a student eligible 
66.25 	for special education. A student placed in a care and treatment facility is eligible for 
66.26 	special education under state and federal law including the Individuals with Disabilities 
66.27 	Education Act under United States Code, title 20, chapter 33.

66.28 	Sec. 11. Minnesota Statutes 2004, section 125A.515, subdivision 5, is amended to read:
66.29 		Subd. 5.Education programs for students placed in residential facilities for 
66.30 	care and treatment. (a) When a student is placed in a care and treatment facility
66.31 	approved under this section that has an on-site education program, the providing district, 
66.32 	upon notice from the care and treatment facility, must contact the resident district within 
66.33 	one business day to determine if a student has been identified as having a disability, and 
67.1 	to request at least the student's transcript, and for students with disabilities, the most 
67.2 	recent individualized education plan (IEP) and evaluation report, and to determine if the 
67.3 	student has been identified as a student with a disability. The resident district must send a 
67.4 	facsimile copy to the providing district within two business days of receiving the request.
67.5 	(b) If a student placed for care and treatment  under this section has been identified as 
67.6 	having a disability and has an individual education plan in the resident district:
67.7 	(1) the providing agency must conduct an individualized education plan meeting 
67.8 	to reach an agreement about continuing or modifying special education services in 
67.9 	accordance with the current individualized education plan goals and objectives and to 
67.10 	determine if additional evaluations are necessary; and
67.11 	(2) at least the following people shall receive written notice or documented phone 
67.12 	call to be followed with written notice to attend the individualized education plan meeting:
67.13 	(i) the person or agency placing the student;
67.14 	(ii) the resident district;
67.15 	(iii) the appropriate teachers and related services staff from the providing district;
67.16 	(iv) appropriate staff from the care and treatmentresidential facility;
67.17 	(v) the parents or legal guardians of the student; and
67.18 	(vi) when appropriate, the student.
67.19 	(c) For a student who has not been identified as a student with a disability, a 
67.20 	screening must be conducted by the providing districts as soon as possible to determine 
67.21 	the student's educational and behavioral needs and must include a review of the student's 
67.22 	educational records.

67.23 	Sec. 12. Minnesota Statutes 2004, section 125A.515, subdivision 6, is amended to read:
67.24 		Subd. 6.Exit report summarizing educational progress. If a student has been 
67.25 	placed in a care and treatment facility under this section for 15 or more business days, the 
67.26 	providing district must prepare an exit report summarizing the regular education, special 
67.27 	education, evaluation, educational progress, and service information and must send the 
67.28 	report to the resident district and the next providing district if different, the parent or 
67.29 	legal guardian, and any appropriate social service agency. For students with disabilities, 
67.30 	this report must include the student's IEP.

67.31 	Sec. 13. Minnesota Statutes 2004, section 125A.515, subdivision 7, is amended to read:
67.32 		Subd. 7.Minimum educational services required. When a student is placed in a 
67.33 	facility approved under this section, at a minimum, the providing district is responsible for:
68.1 	(1) the education necessary, including summer school services, for a student who is 
68.2 	not performing at grade level as indicated in the education record or IEP; and
68.3 	(2) a school day, of the same length as the school day of the providing district, unless 
68.4 	the unique needs of the student, as documented through the IEP or education record in 
68.5 	consultation with treatment providers, requires an alteration in the length of the school day.

68.6 	Sec. 14. Minnesota Statutes 2004, section 125A.515, subdivision 9, is amended to read:
68.7 		Subd. 9.Reimbursement for education services. (a) Education services 
68.8 	provided to students who have been placed for care and treatmentunder this section are 
68.9 	reimbursable in accordance with special education and general education statutes.
68.10 	(b) Indirect or consultative services provided in conjunction with regular education 
68.11 	prereferral interventions and assessment provided to regular education students suspected 
68.12 	of being disabled and who have demonstrated learning or behavioral problems in a 
68.13 	screening are reimbursable with special education categorical aids.
68.14 	(c) Regular education, including screening, provided to students with or without 
68.15 	disabilities is not reimbursable with special education categorical aids.

68.16 	Sec. 15. Minnesota Statutes 2004, section 125A.515, subdivision 10, is amended to 
68.17 	read:
68.18 		Subd. 10.Students unable to attend school but not placed in care and treatment 
68.19 	facilities covered under this section. Students who are absent from, or predicted to 
68.20 	be absent from, school for 15 consecutive or intermittent days, and placed at home or 
68.21 	in facilities not licensed by the Departments of Corrections or Human Services are not 
68.22 	students placed for care and treatment entitled to regular and special education services 
68.23 	consistent with applicable law and rule. These students include students with and without 
68.24 	disabilities who are home due to accident or illness, in a hospital or other medical facility, 
68.25 	or in a day treatment center. These students are entitled to education services through 
68.26 	their district of residence.

68.27 	Sec. 16. Minnesota Statutes 2004, section 125A.63, subdivision 4, is amended to read:
68.28 		Subd. 4.Advisory committees. The Special Education Advisory Council
68.29 	commissioner shall establish an advisory committee for each resource center. The 
68.30 	advisory committees shall develop recommendations regarding the resource centers and 
68.31 	submit an annual report to the commissioner on the form and in the manner prescribed by 
68.32 	the commissioner.

69.1 	Sec. 17. Minnesota Statutes 2004, section 125A.75, subdivision 1, is amended to read:
69.2 		Subdivision 1.Travel aid. The state must pay each district one-half of the sum 
69.3 	actually expended by a district, based on mileage,  for necessary travel of essential 
69.4 	personnel providing home-based services to children with a disability under age five 
69.5 	and their families.

69.6 	EFFECTIVE DATE. This section is effective the day following final enactment.

69.7 	Sec. 18. DEPARTMENT OF EDUCATION RULES.
 69.8 	Before July 1, 2007, the Department of Education shall amend Minnesota Rules, 
69.9 	part 3525.2325, to conform with Minnesota Statutes, section 125A.515.

69.10 	Sec. 19.  REPEALER.
 69.11 	Minnesota Statutes 2004, sections 125A.10; and 125A.515, subdivision 2, are 
69.12 	repealed.