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HF 2475

2nd Committee Engrossment - 85th Legislature (2007 - 2008)

Posted on 12/22/2009 12:38 p.m.

KEY: stricken = removed, old language.
underscored = added, new language.
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1.1A bill for an act 1.2relating to education finance; providing funding for prekindergarten through 1.3grade 12 education; authorizing rulemaking; appropriating money;amending 1.4Minnesota Statutes 2006, sections 120B.023, subdivision 2; 120B.131, 1.5subdivision 2; 120B.31, as amended; 120B.35, as amended; 120B.36, as 1.6amended; 120B.362; 122A.21; 123B.02, subdivision 21; 123B.59, subdivision 1; 1.7123B.62; 124D.04, subdivisions 3, 6, 8, 9; 124D.05, by adding a subdivision; 1.8124D.10, subdivision 20; 124D.55; 125A.65, by adding a subdivision; 125A.76, 1.9by adding a subdivision; 126C.10, subdivision 31, by adding a subdivision; 1.10126C.17, subdivision 9; 126C.21, subdivision 1; 126C.51; 126C.52, subdivision 1.112, by adding a subdivision; 126C.53; 126C.55; 127A.45, subdivision 16; 1.12Minnesota Statutes 2007 Supplement, sections 120B.021, subdivision 1; 1.13120B.024; 120B.30; 123B.143, subdivision 1; 124D.531, subdivision 1; 1.14126C.21, subdivision 3; 126C.44; Laws 2007, chapter 146, article 1, section 24, 1.15subdivisions 2, 3, 4, 5, 6, 7, 8; article 2, section 46, subdivisions 2, 3, 4, 6, 9, 13; 1.16article 3, sections 23, subdivision 2; 24, subdivisions 3, 4, 9; article 4, section 1.1716, subdivisions 2, 3, 6, 8; article 5, section 13, subdivisions 2, 3, 4, 5; article 7, 1.18section 4; article 9, section 17, subdivisions 2, 3, 4, 8, 9, 13; Laws 2007, First 1.19Special Session chapter 2, article 1, section 11, subdivisions 1, 2, 6; proposing 1.20coding for new law in Minnesota Statutes, chapters 120B; 121A; 124D; 127A; 1.21145; repealing Minnesota Statutes 2006, sections 121A.67; 125A.16; 125A.19; 1.22125A.20; 125A.57; Laws 2006, chapter 263, article 3, section 16; Laws 2007, 1.23First Special Session chapter 2, article 1, section 11, subdivisions 3, 4. 1.24BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.25ARTICLE 1 1.26K-12 EDUCATION 1.27    Section 1. Minnesota Statutes 2007 Supplement, section 120B.021, subdivision 1, 1.28is amended to read: 1.29    Subdivision 1. Required academic standards. new text begin (a) new text end The following subject areas 1.30are required for statewide accountability: 1.31    (1) language arts; 2.1    (2) mathematics; 2.2    (3) science; 2.3    (4) social studies, including history, geography, economics, and government and 2.4citizenship; 2.5    (5) new text begin physical education;new text end 2.6    new text begin (6) new text end health and physical education, for which locally developed academic standards 2.7apply; and 2.8    (6)new text begin (7)new text end the arts, for which statewide or locally developed academic standards apply, 2.9as determined by the school district. Public elementary and middle schools must offer at 2.10least three and require at least two of the following four arts areas: dance; music; theater; 2.11and visual arts. Public high schools must offer at least three and require at least one of the 2.12following five arts areas: media arts; dance; music; theater; and visual arts. 2.13    new text begin (b) To satisfy the one-half credit physical education requirement under section new text end 2.14new text begin 120B.024, paragraph (a), clause (5), the state physical education standard under paragraph new text end 2.15new text begin (a) must be consistent with either the six physical education standards developed by the new text end 2.16new text begin department's quality teaching network or the six National Physical Education Standards new text end 2.17new text begin developed by the National Association for Sport and Physical Education. To satisfy new text end 2.18new text begin federal reporting requirements for continued funding under Title VII of the Physical new text end 2.19new text begin Education for Progress Act, a school district must notify the department, if applicable, of new text end 2.20new text begin its intent to comply with this subdivision.new text end 2.21    new text begin (c) new text end The commissioner must submit proposed standards in science and social studies 2.22to the legislature by February 1, 2004. 2.23    new text begin (d) new text end For purposes of applicable federal law, the academic standards for language arts, 2.24mathematics, and science apply to all public school students, except the very few students 2.25with extreme cognitive or physical impairments for whom an individualized education 2.26plan team has determined that the required academic standards are inappropriate. 2.27An individualized education plan team that makes this determination must establish 2.28alternative standards. 2.29    new text begin (e) new text end A school district, no later than the 2007-2008 school year, must adopt graduation 2.30requirements that meet or exceed state graduation requirements established in law or 2.31rule. A school district that incorporates these state graduation requirements before the 2.322007-2008 school year must provide students who enter the 9th grade in or before 2.33the 2003-2004 school year the opportunity to earn a diploma based on existing locally 2.34established graduation requirements in effect when the students entered the 9th grade. 2.35District efforts to develop, implement, or improve instruction or curriculum as a result 3.1of the provisions of this section must be consistent with sections 120B.10, 120B.11, 3.2and 120B.20. 3.3    new text begin (f) new text end The commissioner must include the contributions of Minnesota American Indian 3.4tribes and communities as they relate to the academic standards during the review and 3.5revision of the required academic standards. 3.6new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment new text end 3.7new text begin except that paragraph (a), clause (5), applies to students entering the ninth grade in the new text end 3.8new text begin 2009-2010 school year and later.new text end 3.9    Sec. 2. Minnesota Statutes 2006, section 120B.023, subdivision 2, is amended to read: 3.10    Subd. 2. Revisions and reviews required. (a) The commissioner of education must 3.11revise and appropriately embed technology and information literacy standards consistent 3.12with recommendations from school media specialists into the state's academic standards 3.13and graduation requirements and implement a review cycle for state academic standards 3.14and related benchmarks, consistent with this subdivision. During each review cycle, the 3.15commissioner also must examine the alignment of each required academic standard and 3.16related benchmark with the knowledge and skills students need for college readiness and 3.17advanced work in the particular subject area. 3.18    (b) The commissioner in the 2006-2007 school year must revise and align the state's 3.19academic standards and high school graduation requirements in mathematics to require 3.20that students satisfactorily complete the revised mathematics standards, beginning in the 3.212010-2011 school year. Under the revised standards: 3.22    (1) students must satisfactorily complete an algebra I credit by the end of eighth 3.23grade; and 3.24    (2) students scheduled to graduate in the 2014-2015 school year or later must 3.25satisfactorily complete an algebra II credit or its equivalent. 3.26The commissioner also must ensure that the statewide mathematics assessments 3.27administered to students in grades 3 through 8 and 11 beginning in the 2010-2011 3.28school year are aligned with the state academic standards in mathematics. The statewide 3.2911th grade mathematics test administered to students under clause (2) beginning in 3.30the 2013-2014 school year must include algebra II test items that are aligned with 3.31corresponding state academic standards in mathematics. The commissioner must 3.32implement a review of the academic standards and related benchmarks in mathematics 3.33beginning in the 2015-2016 school year. 4.1    (c) The commissioner in the 2007-2008 school year must revise and align the state's 4.2academic standards and high school graduation requirements in the arts to require that 4.3students satisfactorily complete the revised arts standards beginning in the 2010-2011 4.4school year. The commissioner must implement a review of the academic standards and 4.5related benchmarks in arts beginning in the 2016-2017 school year. 4.6    (d) The commissioner in the 2008-2009 school year must revise and align the state's 4.7academic standards and high school graduation requirements in science to require that 4.8students satisfactorily complete the revised science standards, beginning in the 2011-2012 4.9school year. Under the revised standards, students scheduled to graduate in the 2014-2015 4.10school year or later must satisfactorily complete a chemistry or physics credit. The 4.11commissioner must implement a review of the academic standards and related benchmarks 4.12in science beginning in the 2017-2018 school year. 4.13    (e) The commissioner in the 2009-2010 school year must revise and align the state's 4.14academic standards and high school graduation requirements in language arts to require 4.15that students satisfactorily complete the revised language arts standards beginning in the 4.162012-2013 school year. The commissioner must implement a review of the academic 4.17standards and related benchmarks in language arts beginning in the 2018-2019 school year. 4.18    (f) The commissioner in the 2010-2011 school year must revise and align the state's 4.19academic standards and high school graduation requirements in social studies to require 4.20that students satisfactorily complete the revised social studies standards beginning in the 4.212013-2014 school year. The commissioner must implement a review of the academic 4.22standards and related benchmarks in social studies beginning in the 2019-2020 school year. 4.23    (g) new text begin The commissioner in the 2018-2019 school year must revise and align the state's new text end 4.24new text begin standards and high school graduation requirements in physical education, consistent with new text end 4.25new text begin sections 120B.021, subdivision 1, paragraph (a), clause (5), and 120B.024, paragraph (a), new text end 4.26new text begin clause (6), to require students to satisfactorily complete the revised physical education new text end 4.27new text begin standards beginning in the 2021-2022 school year. The commissioner must implement new text end 4.28new text begin a review of the physical education standards and related benchmarks beginning in the new text end 4.29new text begin 2029-2030 school year.new text end 4.30    new text begin (h) new text end School districts and charter schools must revise and align local academic 4.31standards and high school graduation requirements in health, physical education, world 4.32languages, and career and technical education to require students to complete the revised 4.33standards beginning in a school year determined by the school district or charter school. 4.34School districts and charter schools must formally establish a periodic review cycle for 4.35the academic standards and related benchmarks in health, physical education, world 4.36languages, and career and technical education. 5.1new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment new text end 5.2new text begin and applies to students entering ninth grade in the 2009-2010 school year and later.new text end 5.3    Sec. 3. Minnesota Statutes 2007 Supplement, section 120B.024, is amended to read: 5.4120B.024 GRADUATION REQUIREMENTS; COURSE CREDITS. 5.5    (a) Students beginning 9th grade in the 2004-2005 school year and later must 5.6successfully complete the following high school level course credits for graduation: 5.7    (1) four credits of language arts; 5.8    (2) three credits of mathematics, encompassing at least algebra, geometry, statistics, 5.9and probability sufficient to satisfy the academic standard; 5.10    (3) three credits of science, including at least one credit in biology; 5.11    (4) three and one-half credits of social studies, encompassing at least United 5.12States history, geography, government and citizenship, world history, and economics or 5.13three credits of social studies encompassing at least United States history, geography, 5.14government and citizenship, and world history, and one-half credit of economics taught in 5.15a school's social studies, agriculture education, or business department; 5.16    (5) one credit in the arts; and 5.17    (6) new text begin one-half credit of physical education; andnew text end 5.18    new text begin (7) new text end a minimum of sevennew text begin 6-1/2new text end elective course credits. 5.19    A course credit is equivalent to a student successfully completing an academic 5.20year of study or a student mastering the applicable subject matter, as determined by the 5.21local school district. 5.22    (b) An agriculture science course may fulfill a science credit requirement in addition 5.23to the specified science credits in biology and chemistry or physics under paragraph (a), 5.24clause (3). 5.25    (c) A career and technical education course may fulfill a science, mathematics, or 5.26arts credit requirement in addition to the specified science, mathematics, or arts credits 5.27under paragraph (a), clause (2), (3), or (5). 5.28new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment new text end 5.29new text begin and applies to students entering ninth grade in the 2009-2010 school year and later.new text end 5.30    Sec. 4. Minnesota Statutes 2006, section 120B.131, subdivision 2, is amended to read: 5.31    Subd. 2. Reimbursement for examination fees. The state may reimburse 5.32college-level examination program (CLEP) fees for a Minnesota public or nonpublic high 5.33school student who has successfully completed one or more college-level courses in high 6.1school in the subject matter of each examination in the following subjects: composition 6.2and literature, mathematics and science, social sciences and history, foreign languages, and 6.3business and humanities. The state may reimburse each student for up to six examination 6.4fees. The commissioner shall establish application procedures and a process and schedule 6.5for fee reimbursements. The commissioner must give priority to reimburse the CLEP 6.6examination fees of students of low-income families. 6.7new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 6.8    Sec. 5. new text begin [120B.299] DEFINITIONS.new text end 6.9    new text begin Subdivision 1.new text end new text begin Definitions.new text end new text begin The definitions in this section apply to this chapter.new text end 6.10    new text begin Subd. 2.new text end new text begin Growth.new text end new text begin "Growth" compares the difference between a student's new text end 6.11new text begin achievement score at two distinct points in time.new text end 6.12    new text begin Subd. 3.new text end new text begin Value-added.new text end new text begin "Value-added" is the amount of achievement a student new text end 6.13new text begin demonstrates above an established baseline.new text end 6.14    new text begin Subd. 4.new text end new text begin Growth-based value-added.new text end new text begin "Growth-based value-added" is a new text end 6.15new text begin value-added system of assessments that measures the difference between an established new text end 6.16new text begin baseline of growth and a student's growth over time.new text end 6.17    new text begin Subd. 5.new text end new text begin Adequate yearly progress.new text end new text begin "Adequate yearly progress" compares the new text end 6.18new text begin average achievement of two different groups of students at two different points in time. new text end 6.19    new text begin Subd. 6.new text end new text begin State growth norm.new text end new text begin "State growth norm" is an established statewide new text end 6.20new text begin percentile or standard applicable to all students in a particular grade benchmarked to an new text end 6.21new text begin established school year. Beginning in the 2008-2009 school year, the state growth norm new text end 6.22new text begin is benchmarked to 2006-2007 school year data until the commissioner next changes the new text end 6.23new text begin vertically linked scale score. Each time the commissioner changes the vertically linked new text end 6.24new text begin scale score, a recognized Minnesota assessment group composed of assessment and new text end 6.25new text begin evaluation directors and staff and researchers, in collaboration with the Independent Office new text end 6.26new text begin of Educational Accountability under section 120B.31, subdivision 3, must recommend new text end 6.27new text begin a new state growth norm that the commissioner must consider when revising standards new text end 6.28new text begin under section 120B.023, subdivision 2. For each newly established state growth norm, the new text end 6.29new text begin commissioner also must establish criteria for identifying schools and school districts that new text end 6.30new text begin demonstrate accelerated growth in order to advance educators' professional development new text end 6.31new text begin and to replicate programs that succeed in meeting students' diverse learning needs.new text end 6.32new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 7.1    Sec. 6. Minnesota Statutes 2007 Supplement, section 120B.30, is amended to read: 7.2120B.30 STATEWIDE TESTING AND REPORTING SYSTEM. 7.3    Subdivision 1. Statewide testing. (a) The commissioner, with advice from experts 7.4with appropriate technical qualifications and experience and stakeholders, consistent with 7.5subdivision 1a, shall include in the comprehensive assessment system, for each grade 7.6level to be tested, state-constructed tests developed from and aligned with the state's 7.7required academic standards under section 120B.021 and administered annually to all 7.8students in grades 3 through 8 and at the high school level. A state-developed test in a 7.9subject other than writing, developed after the 2002-2003 school year, must include both 7.10machine-scoreable and constructed response questions. The commissioner shall establish 7.11one or more months during which schools shall administer the tests to students each 7.12school year. For students enrolled in grade 8 before the 2005-2006 school year, only 7.13Minnesota basic skills tests in reading, mathematics, and writing shall fulfill students' 7.14basic skills testing requirements for a passing state notation. The passing scores of basic 7.15skills tests in reading and mathematics are the equivalent of 75 percent correct for students 7.16entering grade 9 in 1997 and thereafter, as based on the first uniform test administration ofnew text begin new text end 7.17new text begin administered innew text end February 1998. 7.18    (b) For students enrolled in grade 8 in the 2005-2006 school year and later, only the 7.19following options shall fulfill students' state graduation test requirements: 7.20    (1) for reading and mathematics: 7.21    (i) obtaining an achievement level equivalent to or greater than proficient as 7.22determined through a standard setting process on the Minnesota comprehensive 7.23assessments in grade 10 for reading and grade 11 for mathematics or achieving a passing 7.24score as determined through a standard setting process on the graduation-required 7.25assessment for diploma in grade 10 for reading and grade 11 for mathematics or 7.26subsequent retests; 7.27    (ii) achieving a passing score as determined through a standard setting process on the 7.28state-identified language proficiency test in reading and the mathematics test for English 7.29language learners or the graduation-required assessment for diploma equivalent of those 7.30assessments for students designated as English language learners; 7.31    (iii) achieving an individual passing score on the graduation-required assessment 7.32for diploma as determined by appropriate state guidelines for students with an individual 7.33education plan or 504 plan; 7.34    (iv) obtaining achievement level equivalent to or greater than proficient as 7.35determined through a standard setting process on the state-identified alternate assessment 8.1or assessments in grade 10 for reading and grade 11 for mathematics for students with 8.2an individual education plan; or 8.3    (v) achieving an individual passing score on the state-identified alternate assessment 8.4or assessments as determined by appropriate state guidelines for students with an 8.5individual education plan; and 8.6    (2) for writing: 8.7    (i) achieving a passing score on the graduation-required assessment for diploma; 8.8    (ii) achieving a passing score as determined through a standard setting process on 8.9the state-identified language proficiency test in writing for students designated as English 8.10language learners; 8.11    (iii) achieving an individual passing score on the graduation-required assessment 8.12for diploma as determined by appropriate state guidelines for students with an individual 8.13education plan or 504 plan; or 8.14    (iv) achieving an individual passing score on the state-identified alternate assessment 8.15or assessments as determined by appropriate state guidelines for students with an 8.16individual education plan. 8.17     (c) The 3rd through 8th grade and high school level test results shall be available 8.18to districts for diagnostic purposes affecting student learning and district instruction and 8.19curriculum, and for establishing educational accountability. The commissioner must 8.20disseminate to the public the test results upon receiving those results. 8.21     (d) State tests must be constructed and aligned with state academic standards. Thenew text begin new text end 8.22new text begin commissioner shall determine thenew text end testing process and the order of administration shall be 8.23determined by the commissioner. The statewide results shall be aggregated at the site and 8.24district level, consistent with subdivision 1a. 8.25     (e) In addition to the testing and reporting requirements under this section, the 8.26commissioner shall include the following components in the statewide public reporting 8.27system: 8.28    (1) uniform statewide testing of all students in grades 3 through 8 and at the high 8.29school level that provides appropriate, technically sound accommodations, alternate 8.30assessments, or exemptions consistent with applicable federal law, only with parent or 8.31guardian approval, for those very few students for whom the student's individual education 8.32plan team under sections 125A.05 and 125A.06 determines that the general statewide test 8.33is inappropriate for a student, or for a limited English proficiency student under section 8.34124D.59, subdivision 2 ; 9.1    (2) educational indicators that can be aggregated and compared across school 9.2districts and across time on a statewide basis, including average daily attendance, high 9.3school graduation rates, and high school drop-out rates by age and grade level; 9.4    (3) state results on the American College Test; and 9.5    (4) state results from participation in the National Assessment of Educational 9.6Progress so that the state can benchmark its performance against the nation and other 9.7states, and, where possible, against other countries, and contribute to the national effort 9.8to monitor achievement. 9.9    Subd. 1a. Statewide and local assessments; results. (a) The commissioner must 9.10develop reading, mathematics, and science assessments aligned with state academic 9.11standards that districts and sites must use to monitor student growth toward achieving 9.12those standards. The commissioner must not develop statewide assessments for academic 9.13standards in social studies, health and physical education, and the arts. The commissioner 9.14must require: 9.15    (1) annual reading and mathematics assessments in grades 3 through 8 and at the 9.16high school level for the 2005-2006 school year and later; and 9.17    (2) annual science assessments in one grade in the grades 3 through 5 span, the 9.18grades 6 through 9 new text begin 8 new text end span, and a life sciences assessment in the grades 10 new text begin 9 new text end through 12 9.19span for the 2007-2008 school year and later. 9.20    (b) The commissioner must ensure that all statewide tests administered to elementary 9.21and secondary students measure students' academic knowledge and skills and not students' 9.22values, attitudes, and beliefs. 9.23    (c) Reporting of assessment results must: 9.24    (1) provide timely, useful, and understandable information on the performance of 9.25individual students, schools, school districts, and the state; 9.26    (2) include, by no later than the 2008-2009 school year, anew text begin growth-basednew text end value-added 9.27component that is in addition to a measure for student achievement growth over timenew text begin new text end 9.28new text begin indicator of student achievement under section 120B.35, subdivision 3, paragraph (b)new text end ; and 9.29    (3)(i) for students enrolled in grade 8 before the 2005-2006 school year, determine 9.30whether students have met the state's basic skills requirements; and 9.31    (ii) for students enrolled in grade 8 in the 2005-2006 school year and later, determine 9.32whether students have met the state's academic standards. 9.33    (d) Consistent with applicable federal law and subdivision 1, paragraph (d), clause 9.34(1), the commissioner must include appropriate, technically sound accommodations or 9.35alternative assessments for the very few students with disabilities for whom statewide 9.36assessments are inappropriate and for students with limited English proficiency. 10.1    (e) A school, school district, and charter school must administer statewide 10.2assessments under this section, as the assessments become available, to evaluate student 10.3progress in achieving thenew text begin proficiency in the context of the state's grade levelnew text end academic 10.4standards. If a state assessment is not available, a school, school district, and charter 10.5school must determine locally if a student has met the required academic standards. A 10.6school, school district, or charter school may use a student's performance on a statewide 10.7assessment as one of multiple criteria to determine grade promotion or retention. A 10.8school, school district, or charter school may use a high school student's performance on a 10.9statewide assessment as a percentage of the student's final grade in a course, or place a 10.10student's assessment score on the student's transcript. 10.11    Subd. 2. Department of Education assistance. The Department of Education 10.12shall contract for professional and technical services according to competitive bidding 10.13procedures under chapter 16C for purposes of this section. 10.14    Subd. 3. Reporting. The commissioner shall report test data publicly and to 10.15stakeholders, including the performance achievement levels developed from students' 10.16unweighted test scores in each tested subject and a listing of demographic factors that 10.17strongly correlate with student performance. The commissioner shall also report data that 10.18compares performance results among school sites, school districts, Minnesota and other 10.19states, and Minnesota and other nations. The commissioner shall disseminate to schools 10.20and school districts a more comprehensive report containing testing information that 10.21meets local needs for evaluating instruction and curriculum. 10.22    Subd. 4. Access to tests. The commissioner must adopt and publish a policy 10.23to provide public and parental access for review of basic skills tests, Minnesota 10.24Comprehensive Assessments, or any other such statewide test and assessment. Upon 10.25receiving a written request, the commissioner must make available to parents or guardians 10.26a copy of their student's actual responses to the test questions to be reviewed by the 10.27parentnew text begin for their reviewnew text end . 10.28new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 10.29    Sec. 7. Minnesota Statutes 2006, section 120B.31, as amended by Laws 2007, chapter 10.30146, article 2, section 10, is amended to read: 10.31120B.31 SYSTEM ACCOUNTABILITY AND STATISTICAL 10.32ADJUSTMENTS. 10.33    Subdivision 1. Educational accountability and public reporting. Consistent 10.34with the processnew text begin directionnew text end to adopt a results-oriented graduation rulenew text begin statewide academic new text end 11.1new text begin standardsnew text end under section 120B.02, the department, in consultation with education and other 11.2system stakeholders, must establishnew text begin maintainnew text end a coordinated and comprehensive system of 11.3educational accountability and public reporting that promotes highernew text begin greaternew text end academic 11.4achievementnew text begin , preparation for higher academic education, preparation for the world of new text end 11.5new text begin work, citizenship as outlined under sections 120B.021, subdivision 1, clause (4), and new text end 11.6new text begin 120B.024, paragraph (a), clause (4), and the artsnew text end . 11.7    Subd. 2. Statewide testing. Each school year, all school districts shall give a 11.8uniform statewide test to students at specified grades to provide information on the status, 11.9needs and performance of Minnesota students. 11.10    Subd. 3. Educational accountability. (a) The Independent Office of Educational 11.11Accountability, as authorized by Laws 1997, First Special Session chapter 4, article 5, 11.12section 28, subdivision 2, is established, and shall be funded through the Board of Regents 11.13of the University of Minnesota. The office shall advise the education committees of 11.14the legislature and the commissioner of education, at least on a biennial basis, on the 11.15degree to which the statewide educational accountability and reporting system includes a 11.16comprehensive assessment framework that measures school accountability for students 11.17achieving the goals described in the state's results-orientednew text begin high schoolnew text end graduation 11.18rule. The office shall determine and annually report to the legislature whether and how 11.19effectively: 11.20    (1) the statewide system of educational accountability utilizesnew text begin usesnew text end multiple 11.21indicators to provide valid and reliable comparative and contextual data on students, 11.22schools, districts, and the state, and if not, recommend ways to improve the accountability 11.23reporting system; 11.24    (2) the commissioner makes statistical adjustments when reporting student data over 11.25time, consistent with clause (4); 11.26    (3) the commissioner uses indicators of student achievement growthnew text begin a growth-based new text end 11.27new text begin value-added indicator of student achievementnew text end over time and a value-added assessment 11.28model that estimates the effects of the school and school district on student achievement to 11.29measure school performance, consistent with section 120B.36, subdivision 1new text begin 120B.35, new text end 11.30new text begin subdivision 3, paragraph (b)new text end ; 11.31    (4) the commissioner makes data available on students who do not pass one or more 11.32of the state's required GRAD tests and do not receive a diploma as a consequence, and 11.33categorizes these data according to gender, race, eligibility for free or reduced lunch, and 11.34English language proficiency; and 11.35    (5) the commissioner fulfills the requirements under section 127A.095, subdivision 2. 12.1    (b) When the office reviews the statewide educational accountability and reporting 12.2system, it shall also consider: 12.3    (1) the objectivity and neutrality of the state's educational accountability system; and 12.4    (2) the impact of a testing program on school curriculum and student learning. 12.5    Subd. 4. Statistical adjustmentsnew text begin ; student performance datanew text end . In developing 12.6new text begin managingnew text end policies and assessment processes to hold schools and districts accountable 12.7for high levels of academic standards under section 120B.021, the commissioner shall 12.8aggregate student data over time to report student performancenew text begin and growthnew text end levels 12.9measured at the new text begin school, new text end school district, regional, ornew text begin andnew text end statewide level. When collecting 12.10and reporting thenew text begin performancenew text end data, the commissioner shall: (1) acknowledge the impact 12.11of significant demographic factors such as residential instability, the number of single 12.12parent families, parents' level of education, and parents' income level on school outcomes; 12.13and (2) organize and report the data so that state and local policy makers can understand 12.14the educational implications of changes in districts' demographic profiles over time. Any 12.15report the commissioner disseminates containing summary data on student performance 12.16must integrate student performance and the demographic factors that strongly correlate 12.17with that performance. 12.18new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 12.19    Sec. 8. Minnesota Statutes 2006, section 120B.35, as amended by Laws 2007, chapter 12.20147, article 8, section 38, is amended to read: 12.21120B.35 STUDENT ACADEMIC ACHIEVEMENT AND PROGRESSnew text begin new text end 12.22new text begin GROWTHnew text end . 12.23    Subdivision 1. Adequate yearly progress of schools and studentsnew text begin School and new text end 12.24new text begin student indicators of growth and achievementnew text end . The commissioner must develop 12.25and implementnew text begin maintainnew text end a system for measuring and reporting academic achievement 12.26and individual student progressnew text begin growthnew text end , consistent with the statewide educational 12.27accountability and reporting system. Thenew text begin systemnew text end components of the system must measure 12.28the adequate yearly progress of schools and new text begin the growth of new text end individual students: students' 12.29current achievement in schools under subdivision 2; and individual students' educational 12.30progressnew text begin growthnew text end over time under subdivision 3. The system also must include statewide 12.31measures of student academic achievementnew text begin growthnew text end that identify schools with high levels 12.32of achievementnew text begin growthnew text end , and also schools with low levels of achievementnew text begin growthnew text end that need 12.33improvement. When determining a school's effect, the data must include both statewide 12.34measures of student achievement and, to the extent annual tests are administered, 13.1indicators of achievement growth that take into account a student's prior achievement. 13.2Indicators of achievement and prior achievement must be based on highly reliable 13.3statewide or districtwide assessments. Indicators that take into account a student's prior 13.4achievement must not be used to disregard a school's low achievement or to exclude 13.5a school from a program to improve low achievement levels. The commissioner by 13.6January 15, 2002, must submit a plan for integrating these components to the chairs of 13.7the legislative committees having policy and budgetary responsibilities for elementary 13.8and secondary education. 13.9    Subd. 2. new text begin Expectations for federally mandated new text end student academic achievement. 13.10    (a) Each school year, a school district must determine if the student achievement levels 13.11at each school site meet state and localnew text begin federally mandatednew text end expectations. If student 13.12achievement levels at a school site do not meet state and localnew text begin federally mandatednew text end 13.13expectations and the site has not made adequate yearly progress for two consecutive 13.14school years, beginning with the 2001-2002 school year, the district must work with the 13.15school site to adopt a plan to raise student achievement levels to meet state and localnew text begin new text end 13.16new text begin federally mandatednew text end expectations. The commissioner of education shall establish student 13.17academic achievement levelsnew text begin to comply with this paragraphnew text end . 13.18    (b) School sites identified as not meeting new text begin federally mandated new text end expectations must 13.19develop continuous improvement plans in order to meet state and localnew text begin federally mandatednew text end 13.20expectations for student academic achievement. The department, at a district's request, 13.21must assist the district and the school site in developing a plan to improve student 13.22achievement. The plan must include parental involvement components. 13.23    (c) The commissioner must: 13.24    (1) provide assistance tonew text begin assistnew text end school sites and districts identified as not meeting 13.25new text begin federally mandated new text end expectations; and 13.26    (2) provide technical assistance to schools that integrate student progress measures 13.27under subdivision 3 in the school continuous improvement plan. 13.28    (d) The commissioner shall establish and maintain a continuous improvement Web 13.29site designed to make data on every school and district available to parents, teachers, 13.30administrators, community members, and the general public. 13.31    Subd. 3. Student progress assessmentnew text begin growth; other state measuresnew text end . (a) 13.32Thenew text begin state'snew text end educational assessment system component measuring individual students' 13.33educational progress must benew text begin growth isnew text end based, to the extent annual tests are administered, 13.34on indicators of achievement growth that show an individual student's prior achievement. 13.35Indicators of achievement and prior achievement must benew text begin arenew text end based on highly reliable 13.36statewide or districtwide assessments. 14.1    (b) The commissioner must identify effective models for measuring individual 14.2student progress that enable a school district or school site to perform gains-based 14.3analysis, including evaluating the effects of the teacher, school, and school district on 14.4student achievement over time. At least one model must be a "value-added" assessment 14.5model that reliably estimates those effects for classroom settings where a single teacher 14.6teaches multiple subjects to the same group of students, for team teaching arrangements, 14.7and for other teaching circumstances.new text begin use a growth-based value-added system. The new text end 14.8new text begin commissioner must apply the state growth norm to students in grades 4 through 8 new text end 14.9new text begin beginning in the 2008-2009 school year, consistent with section 120B.299, subdivision new text end 14.10new text begin 6, initially benchmarking the state growth norm to 2006-2007 school year data. The new text end 14.11new text begin model must allow the user to:new text end 14.12    new text begin (1) report student growth at and above the state norm; andnew text end 14.13    new text begin (2) for all student categories with a cell size of at least 20, report and compare new text end 14.14new text begin aggregated and disaggregated state growth data using the nine student categories identified new text end 14.15new text begin under the federal 2001 No Child Left Behind Act and two student gender categories of new text end 14.16new text begin male and female, respectively. The model must measure the effects that teacher teams new text end 14.17new text begin within a grade, teacher teams across an entire grade, the school, and the school district new text end 14.18new text begin have on student growth. The model must not compile test results for teacher teams within new text end 14.19new text begin a grade or across a grade unless the test results encompass data on three or more teachers.new text end 14.20    (c) If a district has an accountability plan that includes gains-based analysis or 14.21"value-added" assessment, the commissioner shall, to the extent practicable, incorporate 14.22those measures in determining whether the district or school site meets expectations. The 14.23department must coordinate with the district in evaluating school sites and continuous 14.24improvement plans, consistent with best practices.new text begin If a district has an accountability new text end 14.25new text begin plan that includes other growth-based value-added analysis, the commissioner may, to new text end 14.26new text begin the extent practicable and consistent with this section, incorporate those measures in new text end 14.27new text begin determining whether the district or school site shows growth, including accelerated growth.new text end 14.28    new text begin (d) When reporting student performance under section 120B.36, subdivision 1, the new text end 14.29new text begin commissioner annually, beginning July 1, 2011, must report two core measures indicating new text end 14.30new text begin the extent to which current high school graduates are being prepared for postsecondary new text end 14.31new text begin academic and career opportunities:new text end 14.32    new text begin (1) a preparation measure indicating the number and percentage of high school new text end 14.33new text begin graduates in the most recent school year who completed course work important to new text end 14.34new text begin preparing them for postsecondary academic and career opportunities, consistent with the new text end 14.35new text begin core academic subjects required for admission to Minnesota's public four-year colleges new text end 14.36new text begin and universities as determined by the Office of Higher Education under chapter 136A; andnew text end 15.1    new text begin (2) a rigorous coursework measure indicating the number and percentage of high new text end 15.2new text begin school graduates in the most recent school year who successfully completed one or more new text end 15.3new text begin college-level advanced placement, international baccalaureate, postsecondary enrollment new text end 15.4new text begin options including concurrent enrollment, other rigorous courses of study under section new text end 15.5new text begin 120B.021, subdivision 1a, or industry certification courses or programs.new text end 15.6new text begin When reporting the core measures under clauses (1) and (2), the commissioner must also new text end 15.7new text begin analyze and report separate categories of information using the nine student categories new text end 15.8new text begin identified under the federal 2001 No Child Left Behind Act and two student gender new text end 15.9new text begin categories of male and female, respectively.new text end 15.10    new text begin (e) When reporting student performance under section 120B.36, subdivision 1, the new text end 15.11new text begin commissioner annually, beginning July 1, 2011, must include summary data showing new text end 15.12new text begin students' average self-reported sense of school safety, engagement in school, and the new text end 15.13new text begin quality of students' relationship with teachers, administrators, and other students. The new text end 15.14new text begin commissioner must gather these data consistently from students in grade 4 or 5, in one new text end 15.15new text begin grade level in grades 6 through 8, and in one grade level in high school, as determined by new text end 15.16new text begin the commissioner in consultation with recognized and qualified experts. All data received, new text end 15.17new text begin collected, or created that are used to generate the summary data under this paragraph are new text end 15.18new text begin nonpublic data under section 13.02, subdivision 9.new text end 15.19    Subd. 4. Improving schools. Consistent with the requirements of this section, the 15.20commissioner of education must establish a second achievement benchmark to identify 15.21improving schools. The commissioner must recommend tonew text begin annually report to the public new text end 15.22new text begin and new text end the legislature by February 15, 2002, indicators in addition to the achievement 15.23benchmark for identifying improving schools, including an indicator requiring a school to 15.24demonstrate ongoing successful use of best teaching practicesnew text begin best practices learned from new text end 15.25new text begin those schools that demonstrate accelerated growth compared to the state growth normnew text end . 15.26    Subd. 5. Improving graduation rates for students with emotional or behavioral 15.27disorders. (a) A district must develop strategies in conjunction with parents of students 15.28with emotional or behavioral disorders and the county board responsible for implementing 15.29sections 245.487 to 245.4889 to keep students with emotional or behavioral disorders in 15.30school, when the district has a drop-out rate for students with an emotional or behavioral 15.31disorder in grades 9 through 12 exceeding 25 percent. 15.32    (b) A district must develop a plan in conjunction with parents of students with 15.33emotional or behavioral disorders and the local mental health authority to increase the 15.34graduation rates of students with emotional or behavioral disorders. A district with a 15.35drop-out rate for children with an emotional or behavioral disturbance in grades 9 through 16.112 that is in the top 25 percent of all districts shall submit a plan for review and oversight 16.2to the commissioner. 16.3new text begin EFFECTIVE DATE.new text end new text begin Subdivision 3, paragraph (b), applies to students in the new text end 16.4new text begin 2009-2010 school year and later. Subdivision 3, paragraph (d), applies to students in the new text end 16.5new text begin 2010-2011 school year and later. Subdivision 3, paragraph (e), applies to high school new text end 16.6new text begin students in the 2009-2010 school year and later, and to students in any grades 4 through 8 new text end 16.7new text begin in the 2010-2011 school year and later, consistent with the commissioner's grade level new text end 16.8new text begin determinations. Subdivision 4 applies in the 2011-2012 school year and later.new text end 16.9    Sec. 9. Minnesota Statutes 2006, section 120B.36, as amended by Laws 2007, chapter 16.10146, article 2, section 11, is amended to read: 16.11120B.36 SCHOOL ACCOUNTABILITY; APPEALS PROCESS. 16.12    Subdivision 1. School performance report cards. (a) The commissioner shall 16.13use objective criteria based on levels of student performance to report at least student 16.14academic performancenew text begin under section 120B.35, subdivision 2, the percentages of students new text end 16.15new text begin at and above the state growth norm under section 120B.35, subdivision 3, paragraph (b)new text end , 16.16school safetynew text begin and student engagement under section 120B.35, subdivision 3, paragraph new text end 16.17new text begin (e), rigorous coursework under section 120B.35, subdivision 3, paragraph (d)new text end , two 16.18separate student-to-teacher ratios that clearly indicate the definition of teacher consistent 16.19with sections 122A.06 and 122A.15 for purposes of determining these ratios, and staff 16.20characteristicsnew text begin excluding salariesnew text end , with a value-added component added no later than 16.21the 2008-2009 school yearnew text begin student enrollment demographics, district mobility, and new text end 16.22new text begin extracurricular activitiesnew text end . The report must indicate a school's adequate yearly progress 16.23status, and must not set any designations applicable to high- and low-performing schools 16.24due solely to adequate yearly progress status. 16.25    (b) The commissioner shall develop, annually update, and post on the department 16.26Web site school performance report cards. 16.27    (c) The commissioner must make available the first performance report cards by 16.28November 2003, and during the beginning of each school year thereafter. 16.29    (d) A school or district may appeal its adequate yearly progress status in writing to 16.30the commissioner within 30 days of receiving the notice of its status. The commissioner's 16.31decision to uphold or deny an appeal is final. 16.32    (e) School performance report cardsnew text begin cardnew text end data are nonpublic data under section 16.3313.02, subdivision 9 , until not later than ten days after the appeal procedure described in 17.1paragraph (d) concludes. The department shall annually post school performance report 17.2cards to its public Web site no later than September 1. 17.3    Subd. 2. Adequate yearly progress data. All data the department receives, 17.4collects, or creates for purposes of determiningnew text begin to determinenew text end adequate yearly progress 17.5designationsnew text begin statusnew text end under Public Law 107-110, section 1116,new text begin set state growth norms, and new text end 17.6new text begin determine student growthnew text end are nonpublic data under section 13.02, subdivision 9, until not 17.7later than ten days after the appeal procedure described in subdivision 1, paragraph (d), 17.8concludes. Districts must provide parents sufficiently detailed summary data to permit 17.9parents to appeal under Public Law 107-110, section 1116(b)(2). The department shall 17.10annually postnew text begin federally mandatednew text end adequate yearly progress datanew text begin and state student growth new text end 17.11new text begin datanew text end to its public Web site no later than September 1. 17.12new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment. new text end 17.13    Sec. 10. Minnesota Statutes 2006, section 120B.362, is amended to read: 17.14120B.362 new text begin GROWTH-BASED new text end VALUE-ADDED ASSESSMENT PROGRAM. 17.15    (a) The commissioner of education must implement a new text begin growth-based new text end value-added 17.16assessment program to assist school districts, public schools, and charter schools in 17.17assessing and reporting individual students' growth in academic achievement under section 17.18120B.30, subdivision 1a . The program must use assessments of individual students' 17.19academic achievement to make longitudinal comparisons of each student's academic 17.20growth over time. School districts, public schools, and charter schools may apply to the 17.21commissioner to participate in the initial trial program using a form and in the manner the 17.22commissioner prescribes. The commissioner must select program participants from urban, 17.23suburban, and rural areas throughout the state. 17.24    (b) The commissioner may issue a request for proposals to contract with an 17.25organization that provides a value-added assessment model that reliably estimates school 17.26and school district effects on students' academic achievement over time. The model the 17.27commissioner selects must accommodate diverse data and must use each student's test 17.28data across grades. Data on individual teachers generated under the model are personnel 17.29data under section . 17.30    (c) The contract under paragraph (b) must be consistent with the definition of "best 17.31value" under section 16C.02, subdivision 4. 17.32new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 18.1    Sec. 11. Minnesota Statutes 2006, section 122A.21, is amended to read: 18.2122A.21 TEACHERS' AND ADMINISTRATORS' LICENSES; FEES. 18.3    new text begin Subdivision 1.new text end new text begin Licensure applications.new text end Each application for the issuance, renewal, 18.4or extension of a license to teachnew text begin , including applications for licensure via portfolio under new text end 18.5new text begin subdivision 2,new text end must be accompanied by a processing fee of $57. Each application for 18.6issuing, renewing, or extending the license of a school administrator or supervisor must 18.7be accompanied by a processing fee in the amount set by the Board of Teaching. The 18.8processing fee for a teacher's license and for the licenses of supervisory personnel must 18.9be paid to the executive secretary of the appropriate board. The executive secretary of 18.10the board shall deposit the fees with the commissioner of finance. The fees as set by the 18.11board are nonrefundable for applicants not qualifying for a license. However, a fee must 18.12be refunded by the commissioner of finance in any case in which the applicant already 18.13holds a valid unexpired license. The board may waive or reduce fees for applicants who 18.14apply at the same time for more than one license. 18.15    new text begin Subd. 2.new text end new text begin Licensure via portfolio.new text end new text begin (a) A candidate seeking licensure via portfolio new text end 18.16new text begin must submit a $75 fee to the Educator Licensing Division at the department to determine new text end 18.17new text begin the candidate's eligibility for licensure via portfolio. An eligible candidate may use new text end 18.18new text begin licensure via portfolio to obtain an initial licensure or to add a licensure field, consistent new text end 18.19new text begin with the applicable Board of Teaching licensure rules.new text end 18.20    new text begin (b) A candidate for initial licensure must submit to the Educator Licensing Division new text end 18.21new text begin at the department one portfolio demonstrating pedagogical competence and one portfolio new text end 18.22new text begin demonstrating content competence.new text end 18.23    new text begin (c) A candidate seeking to add a licensure field must submit to the Educator new text end 18.24new text begin Licensing Division at the department one portfolio demonstrating content competence.new text end 18.25    new text begin (d) A candidate must pay to the executive secretary of the Board of Teaching a new text end 18.26new text begin $300 fee for the first portfolio submitted for review and a $200 fee for any portfolio new text end 18.27new text begin submitted subsequently. The fees must be paid to the executive secretary of the Board of new text end 18.28new text begin Teaching. The revenue generated from the fee must be deposited in an education licensure new text end 18.29new text begin portfolio account in the special revenue fund. The fees set by the Board of Teaching are new text end 18.30new text begin nonrefundable for applicants not qualifying for a license. The Board of Teaching may new text end 18.31new text begin waive or reduce fees for candidates based on financial need.new text end 18.32    Sec. 12. new text begin [121A.215] LOCAL SCHOOL DISTRICT WELLNESS POLICIES; new text end 18.33new text begin WEB SITE.new text end 18.34    new text begin When available, a school district must post its current local school wellness policy new text end 18.35new text begin on its Web site.new text end 19.1new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 19.2    Sec. 13. Minnesota Statutes 2006, section 123B.02, subdivision 21, is amended to read: 19.3    Subd. 21. Wind energy conversion system. The boardnew text begin , or more than one board new text end 19.4new text begin acting jointly under the authority granted by section 471.59,new text end may construct, acquire, own 19.5in whole or in part, operate, and sell and retain and spend the payment received from 19.6selling energy from a wind energy conversion system, as defined in section 216C.06, 19.7subdivision 19 . The board's share of the installed capacity of the wind energy conversion 19.8systems authorized by this subdivision must not exceed 3.3 megawatts of nameplate 19.9capacity. A board owning, operating, or selling energy from a wind energy conversion 19.10system must integrate information about wind energy conversion systems in its educational 19.11programming.new text begin The board, or more than one board acting jointly under the authority new text end 19.12new text begin granted by section 471.59, may be a limited partner in a partnership, a member of a limited new text end 19.13new text begin liability company, or a shareholder in a corporation, established for the sole purpose of new text end 19.14new text begin constructing, acquiring, owning in whole or in part, financing, or operating a wind energy new text end 19.15new text begin conversion system for the benefit of the district or districts in accordance with this section.new text end 19.16new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment. new text end 19.17    Sec. 14. Minnesota Statutes 2007 Supplement, section 123B.143, subdivision 1, 19.18is amended to read: 19.19    Subdivision 1. Contract; duties. All districts maintaining a classified secondary 19.20school must employ a superintendent who shall be an ex officio nonvoting member of the 19.21school board. The authority for selection and employment of a superintendent must be 19.22vested in the board in all cases. An individual employed by a board as a superintendent 19.23shall have an initial employment contract for a period of time no longer than three years 19.24from the date of employment. Any subsequent employment contract must not exceed a 19.25period of three years. A board, at its discretion, may or may not renew an employment 19.26contract. A board must not, by action or inaction, extend the duration of an existing 19.27employment contract. Beginning 365 days prior to the expiration date of an existing 19.28employment contract, a board may negotiate and enter into a subsequent employment 19.29contract to take effect upon the expiration of the existing contract. A subsequent contract 19.30must be contingent upon the employee completing the terms of an existing contract. If a 19.31contract between a board and a superintendent is terminated prior to the date specified in 19.32the contract, the board may not enter into another superintendent contract with that same 19.33individual that has a term that extends beyond the date specified in the terminated contract. 19.34A board may terminate a superintendent during the term of an employment contract for any 20.1of the grounds specified in section 122A.40, subdivision 9 or 13. A superintendent shall 20.2not rely upon an employment contract with a board to assert any other continuing contract 20.3rights in the position of superintendent under section 122A.40. Notwithstanding the 20.4provisions of sections 122A.40, subdivision 10 or 11, 123A.32, 123A.75, or any other law 20.5to the contrary, no individual shall have a right to employment as a superintendent based 20.6on order of employment in any district. If two or more districts enter into an agreement for 20.7the purchase or sharing of the services of a superintendent, the contracting districts have 20.8the absolute right to select one of the individuals employed to serve as superintendent 20.9in one of the contracting districts and no individual has a right to employment as the 20.10superintendent to provide all or part of the services based on order of employment in a 20.11contracting district. The superintendent of a district shall perform the following: 20.12    (1) visit and supervise the schools in the district, report and make recommendations 20.13about their condition when advisable or on request by the board; 20.14    (2) recommend to the board employment and dismissal of teachers; 20.15    (3) superintend school grading practices and examinations for promotions; 20.16    (4) make reports required by the commissioner;new text begin andnew text end 20.17    (5) by January 10, submit an annual report to the commissioner in a manner 20.18prescribed by the commissioner, in consultation with school districts, identifying the 20.19expenditures that the district requires to ensure an 80 percent student passage rate on 20.20the MCA-IIs taken in the eighth grade, identifying the highest student passage rate the 20.21district expects it will be able to attain on the MCA-IIs by grade 12, and the amount of 20.22expenditures that the district requires to attain the targeted student passage rate; and 20.23    (6) perform other duties prescribed by the board. 20.24new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 20.25    Sec. 15. Minnesota Statutes 2006, section 123B.59, subdivision 1, is amended to read: 20.26    Subdivision 1. To qualify. (a) An independent or special school district qualifies to 20.27participate in the alternative facilities bonding and levy program if the district has: 20.28    (1) more than 66 students per grade; 20.29    (2) over 1,850,000 square feet of space and the average age of building space is 15 20.30years or older or over 1,500,000 square feet and the average age of building space is 20.3135 years or older; 20.32    (3) insufficient funds from projected health and safety revenue and capital facilities 20.33revenue to meet the requirements for deferred maintenance, to make accessibility 20.34improvements, or to make fire, safety, or health repairs; and 20.35    (4) a ten-year facility plan approved by the commissioner according to subdivision 2. 21.1    (b) An independent or special school district not eligible to participate in the 21.2alternative facilities bonding and levy program under paragraph (a) qualifies for limited 21.3participation in the program if the district has: 21.4    (1) one or more health and safety projects with an estimated cost of $500,000 or 21.5more per site that would qualify for health and safety revenue except for the project size 21.6limitation in section 123B.57, subdivision 1, paragraph (b); and 21.7    (2) insufficient funds from capital facilities revenue to fund those projects. 21.8    new text begin (c) Notwithstanding the square footage limitation in paragraph (a), clause (2), new text end 21.9new text begin a school district that qualified for eligibility under paragraph (a) as of July 1, 2007, new text end 21.10new text begin remains eligible for funding under this section as long as the district continues to meet new text end 21.11new text begin the requirements of paragraph (a), clauses (1), (3), and (4).new text end 21.12new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 21.13    Sec. 16. Minnesota Statutes 2006, section 123B.62, is amended to read: 21.14123B.62 BONDS FOR CERTAIN CAPITAL FACILITIES. 21.15    (a) In addition to other bonding authority, with approval of the commissioner, a 21.16district may issue general obligation bonds for certain capital projects under this section. 21.17The bonds must be used only to make capital improvements including: 21.18    (1) under section 126C.10, subdivision 14, total operating capital revenue uses 21.19specified in clauses (4), (6), (7), (8), (9), and (10); 21.20    (2) the cost of energy modifications; 21.21    (3) improving disability accessibility to school buildings; and 21.22    (4) bringing school buildings into compliance with life and safety codes and fire 21.23codes. 21.24    (b) Before a district issues bonds under this subdivision, it must publish notice 21.25of the intended projects, the amount of the bond issue, and the total amount of district 21.26indebtedness. 21.27    (c) A bond issue tentatively authorized by the board under this subdivision becomes 21.28finally authorized unless a petition signed by more than 15 percent of the registered voters 21.29of the district is filed with the school board within 30 days of the board's adoption of a 21.30resolution stating the board's intention to issue bonds. The percentage is to be determined 21.31with reference to the number of registered voters in the district on the last day before the 21.32petition is filed with the board. The petition must call for a referendum on the question of 21.33whether to issue the bonds for the projects under this section. The approval of 50 percent 22.1plus one of those voting on the question is required to pass a referendum authorized 22.2by this section. 22.3    (d) The bonds must be paid off within ten new text begin 15 new text end years of issuance. The bonds must be 22.4issued in compliance with chapter 475, except as otherwise provided in this section. A tax 22.5levy must be made for the payment of principal and interest on the bonds in accordance 22.6with section 475.61. The sum of the tax levies under this section and section 123B.61 for 22.7each year must not exceed the limit specified in section 123B.61. The levy for each year 22.8must be reduced as provided in section 123B.61. A district using an excess amount in the 22.9debt redemption fund to retire the bonds shall report the amount used for this purpose to 22.10the commissioner by July 15 of the following fiscal year. A district having an outstanding 22.11capital loan under section 126C.69 or an outstanding debt service loan under section 22.12126C.68 must not use an excess amount in the debt redemption fund to retire the bonds. 22.13    (e) Notwithstanding paragraph (d), bonds issued by a district within the first 22.14five years following voter approval of a combination according to section 123A.37, 22.15subdivision 2 , must be paid off within 20 years of issuance. All the other provisions and 22.16limitation of paragraph (d) apply. 22.17new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 22.18    Sec. 17. Minnesota Statutes 2006, section 124D.04, subdivision 3, is amended to read: 22.19    Subd. 3. Pupils in adjoining states. new text begin Except as provided under an agreement with new text end 22.20new text begin an adjoining state under section 124D.041, new text end a non-Minnesota pupil who resides in an 22.21adjoining state in a district that borders Minnesota may enroll in a Minnesota district if 22.22either the board of the district in which the pupil resides or state in which the pupil resides 22.23pays tuition to the district in which the pupil is enrolled. 22.24    Sec. 18. Minnesota Statutes 2006, section 124D.04, subdivision 6, is amended to read: 22.25    Subd. 6. Tuition payments. new text begin (a) new text end In each odd-numbered year, before March 1, the 22.26commissioner must agree to rates of tuition for Minnesota elementary and secondary 22.27pupils attending in other states for the next two fiscal years when the other state agrees to 22.28negotiate tuition rates. The commissioner must negotiate equal, reciprocal rates with the 22.29designated authority in each state for pupils who reside in an adjoining state and enroll in 22.30a Minnesota district. The rates must be at least equal to the tuition specified in section 22.31124D.05, subdivision 1 . If the other state does not agree to negotiate a general tuition rate, 22.32a Minnesota school district may negotiate a tuition rate with the school district in the other 22.33state that sends a pupil to or receives a pupil from the Minnesota school district. The 22.34tuition rate for a pupil with a disability must be equal to the actual cost of instruction and 23.1services provided. The resident district of a Minnesota pupil attending in another state 23.2under this section must pay the amount of tuition agreed upon in this section to the district 23.3of attendance, prorated on the basis of the proportion of the school year attended. 23.4    new text begin (b) Notwithstanding paragraph (a) and subdivision 9, if an agreement is reached new text end 23.5new text begin between the state of Minnesota and an adjoining state pursuant to section 124D.041, new text end 23.6new text begin the provisions of section 124D.041 and the agreement shall apply to all enrollment new text end 23.7new text begin transfers between Minnesota and the adjoining state, and provisions of paragraph (a) new text end 23.8new text begin and subdivision 9 shall not apply.new text end 23.9    Sec. 19. Minnesota Statutes 2006, section 124D.04, subdivision 8, is amended to read: 23.10    Subd. 8. Effective if reciprocal. This section is effective with respect to South 23.11Dakota upon enactment of provisions by South Dakota that the commissioner determines 23.12are essentially similar to the provisions for Minnesota pupils in this section. This section 23.13is effective with respect to any other bordering state upon enactment of provisions by the 23.14bordering state that the commissioner determines are essentially similar to the provisions 23.15for Minnesota pupils in this section. 23.16    Sec. 20. Minnesota Statutes 2006, section 124D.04, subdivision 9, is amended to read: 23.17    Subd. 9. Appeal to the commissioner. If a Minnesota school district cannot agree 23.18with an adjoining state on a tuition rate for a Minnesota student attending school in that 23.19state and that state has met the requirements in subdivision 8, then the student's parent or 23.20guardian may request that the commissioner agree onnew text begin setnew text end a tuition rate for the student. The 23.21Minnesota district must pay the amount of tuition the commissioner agrees uponnew text begin setsnew text end . 23.22    Sec. 21. new text begin [124D.041] RECIPROCITY WITH ADJOINING STATES.new text end 23.23    new text begin Subdivision 1.new text end new text begin Agreements.new text end new text begin (a) The commissioner may enter into an agreement new text end 23.24new text begin with the designated authority from an adjoining state to establish an enrollment options new text end 23.25new text begin program between Minnesota and the adjoining state. Any agreement entered into pursuant new text end 23.26new text begin to this section must specify the following:new text end 23.27    new text begin (1) for students who are not residents of Minnesota, the enrollment options program new text end 23.28new text begin applies only to a student whose resident school district borders Minnesota;new text end 23.29    new text begin (2) the commissioner must negotiate equal, reciprocal rates with the designated new text end 23.30new text begin authority from the adjoining state;new text end 23.31    new text begin (3) if the adjoining state sends more students to Minnesota than Minnesota sends to new text end 23.32new text begin the adjoining state, the adjoining state must pay the state of Minnesota the rate agreed new text end 23.33new text begin upon under clause (2) for the excess number of students sent to Minnesota;new text end 24.1    new text begin (4) if Minnesota sends more students to the adjoining state than the adjoining state new text end 24.2new text begin sends to Minnesota, the state of Minnesota will pay the adjoining state the rate agreed new text end 24.3new text begin upon under clause (2) for the excess number of students sent to the adjoining state;new text end 24.4    new text begin (5) the application procedures for the enrollment options program between new text end 24.5new text begin Minnesota and the adjoining state;new text end 24.6    new text begin (6) the reasons for which an application for the enrollment options program between new text end 24.7new text begin Minnesota and the adjoining may be denied; andnew text end 24.8    new text begin (7) that a Minnesota school district is not responsible for transportation for any new text end 24.9new text begin resident student attending school in an adjoining state under the provisions of this section. new text end 24.10new text begin A Minnesota school district may, at its discretion, provide transportation services for new text end 24.11new text begin such a student.new text end 24.12    new text begin (b) Any agreement entered into pursuant to this section may specify additional terms new text end 24.13new text begin relating to any student in need of special education and related services pursuant to chapter new text end 24.14new text begin 125A. Any additional terms must apply equally to both states.new text end 24.15    new text begin Subd. 2.new text end new text begin Pupil accounting.new text end new text begin (a) Any student from an adjoining state enrolled in new text end 24.16new text begin Minnesota pursuant to this section is included in the receiving school district's average new text end 24.17new text begin daily membership and pupil units according to section 126C.05 as if the student were new text end 24.18new text begin a resident of another Minnesota school district attending the receiving school district new text end 24.19new text begin under section 124D.03.new text end 24.20    new text begin (b) Any Minnesota resident student enrolled in an adjoining state pursuant to this new text end 24.21new text begin section is included in the resident school district's average daily membership and pupil new text end 24.22new text begin units according to section 126C.05 as if the student were a resident of the district attending new text end 24.23new text begin another Minnesota school district under section 124D.03.new text end 24.24    new text begin Subd. 3.new text end new text begin Procedures.new text end new text begin (a) The Department of Education must establish procedures new text end 24.25new text begin relating to the application process, the collection or payment of funds under the provisions new text end 24.26new text begin of any agreement established pursuant to this section, and the collection of data necessary new text end 24.27new text begin to implement any agreement established pursuant to this section.new text end 24.28    new text begin (b) Notwithstanding sections 124D.04 and 124D.05, if an agreement is established new text end 24.29new text begin between Minnesota and an adjoining state pursuant to this section, the provisions of this new text end 24.30new text begin section and the agreement shall apply to all enrollment transfers between Minnesota and new text end 24.31new text begin the adjoining state, and provisions of sections 124D.04 and 124D.05 to the contrary, new text end 24.32new text begin including provisions relating to tuition payments, shall not apply.new text end 24.33    new text begin (c) Notwithstanding paragraph (a), any payments to adjoining states under this new text end 24.34new text begin section shall be made according to section 127A.45, subdivision 16.new text end 24.35    new text begin (d) Notwithstanding paragraph (b), sections 124D.04, subdivision 6, paragraph (b), new text end 24.36new text begin and 124D.05, subdivision 2a, the provisions of this section and the agreement shall not new text end 25.1new text begin apply to enrollment transfers between Minnesota and a school district in an adjoining state new text end 25.2new text begin enrolling fewer than 150 pupils that is exempted from participation in the program under new text end 25.3new text begin the laws of the adjoining state.new text end 25.4    Sec. 22. Minnesota Statutes 2006, section 124D.05, is amended by adding a 25.5subdivision to read: 25.6    new text begin Subd. 2a.new text end new text begin Exception.new text end new text begin Notwithstanding subdivisions 1 and 2, if an agreement new text end 25.7new text begin is reached between the state of Minnesota and an adjoining state pursuant to section new text end 25.8new text begin 124D.041, the provisions of section 124D.041 and the agreement shall apply to all new text end 25.9new text begin enrollment transfers between Minnesota and the adjoining state, and provisions of new text end 25.10new text begin subdivisions 1 and 2 to the contrary, including provisions relating to tuition payments, new text end 25.11new text begin shall not apply.new text end 25.12    Sec. 23. Minnesota Statutes 2006, section 124D.10, subdivision 20, is amended to read: 25.13    Subd. 20. Leave to teach in a charter school. If a teacher employed by a district 25.14makes a written request for an extended leave of absence to teach at a charter school, 25.15the district must grant the leave. The district must grant a leave not to exceed a total of 25.16five years. Any request to extend the leave shall be granted only at the discretion of the 25.17school board. The district may require that the request for a leave or extension of leave 25.18be made up to 90 days before the teacher would otherwise have to report for dutynew text begin before new text end 25.19new text begin February 1 in the school year preceding the school year in which the teacher wishes to new text end 25.20new text begin return, or before February 1 of the calendar year in which the teacher's leave is scheduled new text end 25.21new text begin to terminatenew text end . Except as otherwise provided in this subdivision and except for section 25.22122A.46, subdivision 7 , the leave is governed by section 122A.46, including, but not 25.23limited to, reinstatement, notice of intention to return, seniority, salary, and insurance. 25.24    During a leave, the teacher may continue to aggregate benefits and credits in the 25.25Teachers' Retirement Association account by paying both the employer and employee 25.26contributions based upon the annual salary of the teacher for the last full pay period before 25.27the leave began. The retirement association may impose reasonable requirements to 25.28efficiently administer this subdivision. 25.29new text begin EFFECTIVE DATE.new text end new text begin This section is effective for the 2008-2009 school year and new text end 25.30new text begin later.new text end 25.31    Sec. 24. Minnesota Statutes 2007 Supplement, section 124D.531, subdivision 1, 25.32is amended to read: 26.1    Subdivision 1. State total adult basic education aid. (a) The state total adult basic 26.2education aid for fiscal year 2005 is $36,509,000. The state total adult basic education 26.3aid for fiscal year 2006 equals $36,587,000 plus any amount that is not paid for during 26.4the previous fiscal year, as a result of adjustments under subdivision 4, paragraph (a), or 26.5section 124D.52, subdivision 3. The state total adult basic education aid for fiscal year 26.62007 equals $37,673,000 plus any amount that is not paid for during the previous fiscal 26.7year, as a result of adjustments under subdivision 4, paragraph (a), or section 124D.52, 26.8subdivision 3 . The state total adult basic education aid for fiscal year 2008 equals 26.9$40,650,000, plus any amount that is not paid during the previous fiscal year as a result of 26.10adjustments under subdivision 4, paragraph (a), or section 124D.52, subdivision 3. The 26.11state total adult basic education aid for later fiscal years equals: 26.12    (1) the state total adult basic education aid for the preceding fiscal year plus any 26.13amount that is not paid for during the previous fiscal year, as a result of adjustments under 26.14subdivision 4, paragraph (a), or section 124D.52, subdivision 3; times 26.15    (2) the lesser of: 26.16    (i) 1.03; or 26.17    (ii) the greater of or the ratio of the state total contact hours in the first prior 26.18program year to the state total contact hours in the second prior program yearnew text begin the average new text end 26.19new text begin growth in state total contact hours over the prior ten program yearsnew text end . 26.20    Beginning in fiscal year 2002, two percent of the state total adult basic education 26.21aid must be set aside for adult basic education supplemental service grants under section 26.22124D.522 . 26.23    (b) The state total adult basic education aid, excluding basic population aid, equals 26.24the difference between the amount computed in paragraph (a), and the state total basic 26.25population aid under subdivision 2. 26.26    Sec. 25. Minnesota Statutes 2006, section 124D.55, is amended to read: 26.27124D.55 GENERAL EDUCATION DEVELOPMENT (GED) TEST FEES. 26.28    The commissioner shall pay 60 percent of the fee that is charged to an eligible 26.29individual for the full battery of a general education development (GED) test, but not 26.30more than $20 new text begin $40 new text end for an eligible individual. 26.31    Sec. 26. Minnesota Statutes 2006, section 125A.65, is amended by adding a 26.32subdivision to read: 26.33    new text begin Subd. 11.new text end new text begin Third-party reimbursement.new text end new text begin The Minnesota State Academies must seek new text end 26.34new text begin reimbursement under section 125A.21 from third parties for the cost of services provided new text end 27.1new text begin by the Minnesota State Academies whenever the services provided are otherwise covered new text end 27.2new text begin by a child's public or private health plan.new text end 27.3new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment new text end 27.4new text begin for revenue in fiscal years 2008 and later.new text end 27.5    Sec. 27. Minnesota Statutes 2006, section 125A.76, is amended by adding a 27.6subdivision to read: 27.7    new text begin Subd. 4a.new text end new text begin Adjustments for tuition reciprocity with adjoining states.new text end new text begin (a) If an new text end 27.8new text begin agreement is reached between the state of Minnesota and an adjoining state pursuant to new text end 27.9new text begin section 124D.041 that requires a special education tuition payment from the state of new text end 27.10new text begin Minnesota to the adjoining state, the tuition payment shall be made from the special new text end 27.11new text begin education aid appropriation for that year, and the state total special education aid under new text end 27.12new text begin subdivision 4 shall be reduced by the amount of the payment.new text end 27.13    new text begin (b) If an agreement is reached between the state of Minnesota and an adjoining state new text end 27.14new text begin pursuant to section 124D.041 that requires a special education tuition payment from new text end 27.15new text begin an adjoining state to the state of Minnesota, the special education aid appropriation for new text end 27.16new text begin that year and the state total special education aid under subdivision 4 shall be increased new text end 27.17new text begin by the amount of the payment.new text end 27.18    new text begin (c) If an agreement is reached between the state of Minnesota and an adjoining state new text end 27.19new text begin pursuant to section 124D.041 that requires special education tuition payments to be made new text end 27.20new text begin between the two states and not between districts in the two states, the special education aid new text end 27.21new text begin for a Minnesota school district serving a student with a disability from the adjoining state new text end 27.22new text begin shall be calculated according to section 127A.47, subdivision 7, except that no reduction new text end 27.23new text begin shall be made in the special education aid paid to the resident district.new text end 27.24    Sec. 28. Minnesota Statutes 2006, section 126C.10, subdivision 31, is amended to read: 27.25    Subd. 31. Transition revenue. (a) A district's transition allowance equals the 27.26greater of zero or the product of the ratio of the number of adjusted marginal cost pupil 27.27units the district would have counted for fiscal year 2004 under Minnesota Statutes 2002 27.28to the district's adjusted marginal cost pupil units for fiscal year 2004, times the difference 27.29between: (1) the lesser of the district's general education revenue per adjusted marginal 27.30cost pupil unit for fiscal year 2003 or the amount of general education revenue the district 27.31would have received per adjusted marginal cost pupil unit for fiscal year 2004 according 27.32to Minnesota Statutes 2002, and (2) the district's general education revenue for fiscal year 27.332004 excluding transition revenue divided by the number of adjusted marginal cost pupil 27.34units the district would have counted for fiscal year 2004 under Minnesota Statutes 2002. 28.1    (b) A district's transition revenue for fiscal yearnew text begin yearsnew text end 2006 and laternew text begin through 2009new text end 28.2equals the sum of the product of the district's transition allowance times the district's 28.3adjusted marginal cost pupil units plus the district's transition for prekindergarten revenue 28.4under subdivision 31a. 28.5    new text begin (c) A district's transition revenue for fiscal year 2010 and later equals the sum of new text end 28.6new text begin the product of the district's transition allowance times the district's adjusted marginal cost new text end 28.7new text begin pupil units plus the district's transition for prekindergarten revenue under subdivision 31a new text end 28.8new text begin plus the district's transition for tuition reciprocity revenue under subdivision 31c.new text end 28.9    Sec. 29. Minnesota Statutes 2006, section 126C.10, is amended by adding a 28.10subdivision to read: 28.11    new text begin Subd. 31c.new text end new text begin Transition for tuition reciprocity revenue.new text end new text begin For the first year that a new text end 28.12new text begin tuition reciprocity agreement with an adjoining state is in effect under section 124D.041 new text end 28.13new text begin and later, a school district's transition for tuition reciprocity revenue equals the greater of new text end 28.14new text begin zero or the difference between the sum of the general education revenue and net tuition new text end 28.15new text begin revenue the district would have received for pupils enrolled under section 124D.041 for new text end 28.16new text begin the first year the agreement is in effect if the agreement had not been in effect, and the new text end 28.17new text begin sum of the district's general education revenue and net tuition revenue for the first year new text end 28.18new text begin the agreement is in effect.new text end 28.19    Sec. 30. Minnesota Statutes 2006, section 126C.17, subdivision 9, is amended to read: 28.20    Subd. 9. Referendum revenue. (a) The revenue authorized by section 126C.10, 28.21subdivision 1 , may be increased in the amount approved by the voters of the district at a 28.22referendum called for the purpose. The referendum may be called by the board or shall be 28.23called by the board upon written petition of qualified voters of the district. The referendum 28.24must be conducted one or two calendar years before the increased levy authority, if 28.25approved, first becomes payable. Only one election to approve an increase may be held 28.26in a calendar year. Unless the referendum is conducted by mail under paragraph (g), the 28.27referendum must be held on the first Tuesday after the first Monday in November. The 28.28ballot must state the maximum amount of the increased revenue per resident marginal cost 28.29pupil unit. The ballot may state a schedule, determined by the board, of increased revenue 28.30per resident marginal cost pupil unit that differs from year to year over the number of 28.31years for which the increased revenue is authorized or may state that the amount shall 28.32increase annually by the rate of inflation. For this purpose, the rate of inflation shall be 28.33the annual inflationary increase calculated under subdivision 2, paragraph (b). The ballot 28.34may state that existing referendum levy authority is expiring. In this case, the ballot may 29.1also compare the proposed levy authority to the existing expiring levy authority, and 29.2express the proposed increase as the amount, if any, over the expiring referendum levy 29.3authority. The ballot must designate the specific number of years, not to exceed ten, for 29.4which the referendum authorization applies. The ballot, including a ballot on the question 29.5to revoke or reduce the increased revenue amount under paragraph (c), must abbreviate 29.6the term "per resident marginal cost pupil unit" as "per pupil." The notice required under 29.7section 275.60 may be modified to read, in cases of renewing existing levies new text begin at the same new text end 29.8new text begin amount per pupil as in the previous yearnew text end : 29.9"BY VOTING "YES" ON THIS BALLOT QUESTION, YOU MAY BE VOTING 29.10FOR A PROPERTY TAX INCREASEnew text begin ARE RENEWING AN EXISTING new text end 29.11new text begin PROPERTY TAX REFERENDUM. YOU ARE NOT CHANGING YOUR new text end 29.12new text begin OPERATING REFERENDUM AMOUNT PER PUPIL FROM ITS LEVEL IN new text end 29.13new text begin THE PREVIOUS YEARnew text end ." 29.14    The ballot may contain a textual portion with the information required in this 29.15subdivision and a question stating substantially the following: 29.16    "Shall the increase in the revenue proposed by (petition to) the board of ........., 29.17School District No. .., be approved?" 29.18    If approved, an amount equal to the approved revenue per resident marginal cost 29.19pupil unit times the resident marginal cost pupil units for the school year beginning in 29.20the year after the levy is certified shall be authorized for certification for the number of 29.21years approved, if applicable, or until revoked or reduced by the voters of the district at a 29.22subsequent referendum. 29.23    (b) The board must prepare and deliver by first class mail at least 15 days but no more 29.24than 30 days before the day of the referendum to each taxpayer a notice of the referendum 29.25and the proposed revenue increase. The board need not mail more than one notice to any 29.26taxpayer. For the purpose of giving mailed notice under this subdivision, owners must be 29.27those shown to be owners on the records of the county auditor or, in any county where 29.28tax statements are mailed by the county treasurer, on the records of the county treasurer. 29.29Every property owner whose name does not appear on the records of the county auditor 29.30or the county treasurer is deemed to have waived this mailed notice unless the owner 29.31has requested in writing that the county auditor or county treasurer, as the case may be, 29.32include the name on the records for this purpose. The notice must project the anticipated 29.33amount of tax increase in annual dollars for typical residential homesteads, agricultural 29.34homesteads, apartments, and commercial-industrial property within the school district. 29.35    The notice for a referendum may state that an existing referendum levy is expiring 29.36and project the anticipated amount of increase over the existing referendum levy in 30.1the first year, if any, in annual dollars for typical residential homesteads, agricultural 30.2homesteads, apartments, and commercial-industrial property within the district. 30.3    The notice must include the following statement: "Passage of this referendum will 30.4result in an increase in your property taxes." However, in cases of renewing existing 30.5levies, the notice may include the following statement: "Passage of this referendum may 30.6result in an increase in your property taxes." new text begin renews an existing operating referendum at new text end 30.7new text begin the same amount per pupil as in the previous year."new text end 30.8    (c) A referendum on the question of revoking or reducing the increased revenue 30.9amount authorized pursuant to paragraph (a) may be called by the board and shall be called 30.10by the board upon the written petition of qualified voters of the district. A referendum to 30.11revoke or reduce the revenue amount must state the amount per resident marginal cost 30.12pupil unit by which the authority is to be reduced. Revenue authority approved by the 30.13voters of the district pursuant to paragraph (a) must be available to the school district at 30.14least once before it is subject to a referendum on its revocation or reduction for subsequent 30.15years. Only one revocation or reduction referendum may be held to revoke or reduce 30.16referendum revenue for any specific year and for years thereafter. 30.17    (d) A petition authorized by paragraph (a) or (c) is effective if signed by a number of 30.18qualified voters in excess of 15 percent of the registered voters of the district on the day 30.19the petition is filed with the board. A referendum invoked by petition must be held on the 30.20date specified in paragraph (a). 30.21    (e) The approval of 50 percent plus one of those voting on the question is required to 30.22pass a referendum authorized by this subdivision. 30.23    (f) At least 15 days before the day of the referendum, the district must submit a 30.24copy of the notice required under paragraph (b) to the commissioner and to the county 30.25auditor of each county in which the district is located. Within 15 days after the results 30.26of the referendum have been certified by the board, or in the case of a recount, the 30.27certification of the results of the recount by the canvassing board, the district must notify 30.28the commissioner of the results of the referendum. 30.29new text begin EFFECTIVE DATE.new text end new text begin This section is effective for elections conducted on or after new text end 30.30new text begin July 1, 2008.new text end 30.31    Sec. 31. Minnesota Statutes 2006, section 126C.21, subdivision 1, is amended to read: 30.32    Subdivision 1. Permanent school fund. Thenew text begin Annew text end amount of money new text begin equal to $36 new text end 30.33new text begin times the district's pupils in average daily membership new text end received by a district as income 30.34from the permanent school fund for any year must be deducted from the general education 30.35aid earned by the district for the same year or from aid earned from other state sources. 31.1new text begin EFFECTIVE DATE.new text end new text begin This section is effective for revenue for fiscal year 2010.new text end 31.2    Sec. 32. Minnesota Statutes 2007 Supplement, section 126C.21, subdivision 3, is 31.3amended to read: 31.4    Subd. 3. County apportionment deduction. Each year the amount of money 31.5apportioned to a district for that year pursuant to sectionsnew text begin section new text end 127A.34, subdivision 2, 31.6and 272.029, subdivision 6, must be deducted from the general education aid earned by 31.7that district for the same year or from aid earned from other state sources. 31.8new text begin EFFECTIVE DATE.new text end new text begin This section is effective for revenue for fiscal year 2009.new text end 31.9    Sec. 33. Minnesota Statutes 2007 Supplement, section 126C.44, is amended to read: 31.10126C.44 SAFE SCHOOLS LEVY. 31.11    (a) Each district may make a levy on all taxable property located within the district 31.12for the purposes specified in this section. The maximum amount which may be levied 31.13for all costs under this section shall be equal to $30 multiplied by the district's adjusted 31.14marginal cost pupil units for the school year. The proceeds of the levy must be reserved and 31.15used for directly funding the following purposes or for reimbursing the cities and counties 31.16who contract with the district for the following purposes: (1) to pay the costs incurred for 31.17the salaries, benefits, and transportation costs of peace officers and sheriffs for liaison in 31.18services in the district's schools; (2) to pay the costs for a drug abuse prevention program 31.19as defined in section 609.101, subdivision 3, paragraph (e), in the elementary schools; 31.20(3) to pay the costs for a gang resistance education training curriculum in the district's 31.21schools; (4) to pay the costs for security in the district's schools and on school property; (5) 31.22to pay the costs for other crime prevention, drug abuse, student and staff safety, voluntary 31.23opt-in suicide prevention tools, and violence prevention measures taken by the school 31.24district; or (6) to pay costs for licensed school counselors, licensed school nurses, licensed 31.25school social workers, licensed school psychologists, and licensed alcohol and chemical 31.26dependency counselors to help provide early responses to problems. For expenditures 31.27under clause (1), the district must initially attempt to contract for services to be provided 31.28by peace officers or sheriffs with the police department of each city or the sheriff's 31.29department of the county within the district containing the school receiving the services. If 31.30a local police department or a county sheriff's department does not wish to provide the 31.31necessary services, the district may contract for these services with any other police or 31.32sheriff's department located entirely or partially within the school district's boundaries. 32.1    (b) A school district that is a member of an intermediate school district may 32.2include in its authority under this section the costs associated with safe schools activities 32.3authorized under paragraph (a) for intermediate school district programs. This authority 32.4must not exceed $10 times the adjusted marginal cost pupil units of the member districts. 32.5This authority is in addition to any other authority authorized under this section. Revenue 32.6raised under this paragraph must be transferred to the intermediate school district. 32.7    (c) If A school district spends new text begin must set aside at least $3 per adjusted marginal cost new text end 32.8new text begin pupil unit of the new text end safe schools levy proceeds new text begin for the purposes authorized new text end under paragraph 32.9(a), clause (6),new text begin .new text end The district must annually certify that its total spending on services 32.10provided by the employees listed in paragraph (a), clause (6), is not less than the sum of 32.11its expenditures for these purposes, excluding amounts spent under this section, in the 32.12previous year plus the amount spent under this section. 32.13new text begin EFFECTIVE DATE.new text end new text begin This section is effective for revenue for fiscal year 2010.new text end 32.14    Sec. 34. Minnesota Statutes 2006, section 126C.51, is amended to read: 32.15126C.51 APPLICATION OF LIMITING TAX LEGISLATION. 32.16    Notwithstanding the provisions of section 471.69 or 471.75, or of any other 32.17provision of law which by per capita limitation, local tax rate limitation, or otherwise, 32.18limits the power of a district to incur any debt or to issue any warrant or order, a new text begin school new text end 32.19district new text begin or intermediate school district new text end has the powers in sections 126C.50 to 126C.56 32.20specifically conferred upon it and all powers incident and necessary to carrying out the 32.21purposes of sections 126C.50 to 126C.56. 32.22new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 32.23    Sec. 35. Minnesota Statutes 2006, section 126C.52, subdivision 2, is amended to read: 32.24    Subd. 2. Limitations. The board new text begin of any school district new text end may also borrow money 32.25in the manner and subject to the limitations set forth in sections 126C.50 to 126C.56 in 32.26anticipation of receipt of state aids for schools as defined in Minnesota Statutes and of 32.27federal school aids to be distributed by or through the department. The aggregate of such 32.28borrowings under this subdivision shall never exceed 75 percent of such aids which are 32.29receivable by said school district in the school new text begin fiscal new text end year (from July 1 to June 30) in which 32.30the money is borrowed, as estimated and certified by the commissioner. 32.31new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 33.1    Sec. 36. Minnesota Statutes 2006, section 126C.52, is amended by adding a 33.2subdivision to read: 33.3    new text begin Subd. 3.new text end new text begin Intermediate school districts.new text end new text begin (a) The board of an intermediate school new text end 33.4new text begin district may borrow money in the manner and subject to the limitations set forth in new text end 33.5new text begin sections 126C.50 to 126C.56 in anticipation of the receipt of:new text end 33.6    new text begin (1) state aids for schools as defined in Minnesota Statutes;new text end 33.7    new text begin (2) federal school aids to be distributed by or through the department; andnew text end 33.8    new text begin (3) membership fees and tuition payments from its member school districts.new text end 33.9    new text begin The aggregate of such borrowings under this subdivision shall never exceed 75 new text end 33.10new text begin percent of such aids, fees, and tuition payments which are receivable by the intermediate new text end 33.11new text begin school district in the fiscal year in which the money is borrowed, as estimated and certified new text end 33.12new text begin by the commissioner.new text end 33.13    new text begin (b) The board of an intermediate school district may, upon receipt of a written new text end 33.14new text begin resolution by each of its member school districts, pledge the member district's full faith new text end 33.15new text begin and credit and unlimited taxing powers to repay its pro rata share of any certificates issued new text end 33.16new text begin or the amount paid by the state under section 126C.55, subdivision 2, plus interest, if the new text end 33.17new text begin revenues specified in paragraph (a) and any other revenues of the intermediate school new text end 33.18new text begin district are insufficient to do so.new text end 33.19new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 33.20    Sec. 37. Minnesota Statutes 2006, section 126C.53, is amended to read: 33.21126C.53 ENABLING RESOLUTION; FORM OF CERTIFICATES OF 33.22INDEBTEDNESS. 33.23    The board new text begin of a school district or intermediate school district new text end may authorize and 33.24effect such borrowing, and may issue such certificates of indebtedness upon passage of 33.25a resolution specifying the amount and purposes for which it deems such borrowing is 33.26necessary. The resolution must be adopted by a vote of at least two-thirds of its members. 33.27The board must fix the amount, date, maturity, form, denomination, and other details of 33.28the certificates of indebtedness, not inconsistent with this chapter. The board must fix the 33.29date and place for receipt of bids for the purchase of the certificates when bids are required 33.30and direct the clerk to give notice of the date and place for bidding. 33.31new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 34.1    Sec. 38. Minnesota Statutes 2006, section 126C.55, is amended to read: 34.2126C.55 STATE PAYMENT OF DEBT OBLIGATION UPON POTENTIAL 34.3DEFAULT; REPAYMENT; STATE OBLIGATION NOT DEBT. 34.4    Subdivision 1. Definitions. For the purposes of this section, the term "debt 34.5obligation" means: 34.6    (1) a tax or aid anticipation certificate of indebtednessnew text begin issued under section 126C.52new text end ; 34.7    (2) a certificate of participation issued under section 126C.40, subdivision 6; or 34.8    (3) a general obligation bond. 34.9    Subd. 2. Notifications; payment; appropriation. (a) If a new text begin school new text end district new text begin or new text end 34.10new text begin intermediate school district new text end believes that it may be unable to make a principal or interest 34.11payment on any outstanding debt obligation on the date that payment is due, it must 34.12notify the commissioner as soon as possible, but not less than 15 working days before the 34.13date that principal or interest payment is due. The notice must include the name of thenew text begin new text end 34.14new text begin schoolnew text end districtnew text begin or intermediate school districtnew text end , an identification of the debt obligation issue 34.15in question, the date the payment is due, the amount of principal and interest due on the 34.16payment date, the amount of principal or interest that thenew text begin schoolnew text end districtnew text begin or intermediate new text end 34.17new text begin school districtnew text end will be unable to repay on that date, the paying agent for the debt obligation, 34.18the wire transfer instructions to transfer funds to that paying agent, and an indication as to 34.19whether a payment is being requested by thenew text begin schoolnew text end districtnew text begin or intermediate school districtnew text end 34.20under this section. If a paying agent becomes aware of a potential default, it shall inform 34.21the commissioner of that fact. After receipt of a notice which requests a payment under 34.22this section, after consultation with thenew text begin schoolnew text end districtnew text begin or intermediate school districtnew text end and 34.23the paying agent, and after verification of the accuracy of the information provided, the 34.24commissioner shall notify the commissioner of finance of the potential default. The notice 34.25must include a final figure as to the amount due that thenew text begin schoolnew text end districtnew text begin or intermediate new text end 34.26new text begin school districtnew text end will be unable to repay on the date due. 34.27    (b) Except as provided in subdivision 9, upon receipt of this notice from the 34.28commissioner, the commissioner of finance shall issue a warrant and authorize the 34.29commissioner of education to pay to the paying agent for the debt obligation the specified 34.30amount on or before the date due. The amounts needed for the purposes of this subdivision 34.31are annually appropriated to the department from the state general fund. 34.32    (c) The Departments of Education and Finance must jointly develop detailed 34.33procedures for new text begin school new text end districts new text begin and intermediate school districts new text end to notify the state that 34.34they have obligated themselves to be bound by the provisions of this section, procedures 34.35fornew text begin schoolnew text end districtsnew text begin or intermediate school districtsnew text end and paying agents to notify the state 34.36of potential defaults and to request state payment under this section, and procedures 35.1for the state to expedite payments to prevent defaults. The procedures are not subject 35.2to chapter 14. 35.3    Subd. 3. School district bound; interest rate on state paid amount. If, at the 35.4request of a new text begin school new text end districtnew text begin or intermediate school districtnew text end , the state has paid part or all of 35.5the principal or interest due on a district's debt obligation on a specific date, thenew text begin schoolnew text end 35.6district new text begin or the intermediate school district new text end is bound by all provisions of this section and the 35.7amount paid shall bear taxable interest from the date paid until the date of repayment at 35.8the invested cash rate as it is certified by the commissioner of finance. Interest shall only 35.9accrue on the amounts paid and outstanding less the reduction in aid under subdivision 4 35.10and other payments received from thenew text begin schoolnew text end districtnew text begin or intermediate school districtnew text end . 35.11    Subd. 4. Pledge of district's full faith and credit. If, at the request of a new text begin school new text end 35.12districtnew text begin or intermediate school districtnew text end , the state has paid part or all of the principal or 35.13interest due on a district's debt obligation on a specific date, the pledge of the full faith 35.14and credit and unlimited taxing powers of thenew text begin schoolnew text end district new text begin or the intermediate school new text end 35.15new text begin district new text end to repay the principal and interest due on those debt obligations shall also, without 35.16an election or the requirement of a further authorization, become a pledge of the full faith 35.17and credit and unlimited taxing powers of thenew text begin schoolnew text end district new text begin or the intermediate school new text end 35.18new text begin district new text end to repay to the state the amount paid, with interest. Amounts paid by the state must 35.19be repaid in the order in which the state payments were made. 35.20    new text begin Subd. 4a.new text end new text begin Aid reduction for repayment.new text end new text begin (a) Except as provided in this subdivision, new text end 35.21new text begin the state must reduce the state aid payable to the school district or intermediate school new text end 35.22new text begin district under this chapter and chapters 122A, 123A, 123B, 124D, 125A, 126C, and 273 new text end 35.23new text begin by the amount paid by the state under this section on behalf of the district, plus the interest new text end 35.24new text begin due on it, and the amount reduced must revert from the appropriate account to the state new text end 35.25new text begin general fund. Payments from the school district endowment fund or any federal aid new text end 35.26new text begin payments shall not be reduced.new text end 35.27    new text begin (b) For an intermediate school district, the state aid payable to the intermediate new text end 35.28new text begin school district must first be reduced, before any reduction is made to the state aids payable new text end 35.29new text begin to the member districts. If the state aid payable to the intermediate school district is new text end 35.30new text begin not sufficient to repay the state, state aid payable to member districts may be reduced new text end 35.31new text begin proportionately based on the ratio of each member district's adjusted net tax capacity to new text end 35.32new text begin the total adjusted net tax capacity of all member districts.new text end 35.33    new text begin (c) If, after review of the financial situation of the school district or intermediate new text end 35.34new text begin school district, the commissioner advises the commissioner of finance that a total reduction new text end 35.35new text begin of aids would cause an undue hardship on or an undue disruption of the educational new text end 35.36new text begin program of the district, the commissioner, with the approval of the commissioner of new text end 36.1new text begin finance, may establish a different schedule for reduction of aids to repay the state. The new text end 36.2new text begin amount of aids to be reduced is decreased by any amounts repaid to the state by the district new text end 36.3new text begin from other revenue sources.new text end 36.4    Subd. 6. Tax levy for repayment. (a) With the approval of the commissioner, a 36.5district may levy in the year the state makes a payment under this section an amount up to 36.6the amount necessary to provide funds for the repayment of the amount paid by the state 36.7plus interest through the date of estimated repayment by the district. The proceeds of this 36.8levy may be used only for this purpose unless they are in excess of the amount actually 36.9due, in which case the excess shall be used to repay other state payments made under this 36.10section or shall be deposited in the debt redemption fund of the school district. This levy 36.11shall be an increase in the levy limits of the district for purposes of section 275.065, 36.12subdivision 6 . The amount of aids to be reduced to repay the state shall be decreased by 36.13the amount levied. This levy by the district is not eligible for debt service equalization 36.14under section 123B.53. 36.15    (b) If the state is not repaid in full for a payment made under this section by 36.16November 30 of the calendar year following the year in which the state makes the 36.17payment, the commissioner shall require the district to certify a property tax levy in an 36.18amount up to the amount necessary to provide funds for repayment of the amount paid by 36.19the state plus interest through the date of estimated repayment by the school district. To 36.20prevent undue hardship, the commissioner may allow the district to certify the levy over a 36.21five-year period. The proceeds of the levy may be used only for this purpose unless they 36.22are in excess of the amount actually due, in which case the excess shall be used to repay 36.23other state payments made under this section or shall be deposited in the debt redemption 36.24fund of the district. This levy shall be an increase in the levy limits of the school district 36.25for purposes of section 275.065, subdivision 6. If the commissioner orders the district 36.26to levy, the amount of aids reduced to repay the state shall be decreased by the amount 36.27levied. This levy by the district is not eligible for debt service equalization under section 36.28123B.53 or any successor provision. A levy under this subdivision must be explained as a 36.29specific increase at the meeting required under section 275.065, subdivision 6. 36.30    new text begin (c) For an intermediate school district, a levy made by a member school district new text end 36.31new text begin under paragraph (a) or (b) to repay its pro rata share must be spread by the commissioner new text end 36.32new text begin as a tax rate based on the total adjusted net tax capacity of the member school districts. The new text end 36.33new text begin proceeds of the levy must be remitted by the member school district to the intermediate new text end 36.34new text begin school district and must be used by the intermediate school district only to repay the state new text end 36.35new text begin amounts owed. Any amount in excess of the amount owed to the state must be repaid new text end 37.1new text begin to the member school districts and the commissioner shall adjust each member school new text end 37.2new text begin district's property tax levy in the next year.new text end 37.3    Subd. 7. Election as to mandatory application. A new text begin school new text end district new text begin or intermediate new text end 37.4new text begin school district new text end may covenant and obligate itself, prior to the issuance of an issue of debt 37.5obligations, to notify the commissioner of a potential default and to use the provisions of 37.6this section to guarantee payment of the principal and interest on those debt obligations 37.7when due. If thenew text begin schoolnew text end districtnew text begin or intermediate school districtnew text end obligates itself to be bound 37.8by this section, it must covenant in the resolution that authorizes the issuance of the debt 37.9obligations to deposit with the paying agent three business days prior to the date on which 37.10a payment is due an amount sufficient to make that payment or to notify the commissioner 37.11under subdivision 1 that it will be unable to make all or a portion of that payment. Anew text begin schoolnew text end 37.12districtnew text begin or intermediate school districtnew text end that has obligated itself must include a provision in 37.13its agreement with the paying agent for that issue that requires the paying agent to inform 37.14the commissioner if it becomes aware of a potential default in the payment of principal or 37.15interest on that issue or if, on the day two business days prior to the date a payment is due 37.16on that issue, there are insufficient funds to make the payment on deposit with the paying 37.17agent. Funds invested in a refunding escrow account established under section 475.67 that 37.18are to become available to the paying agent on a principal or interest payment date are 37.19deemed to be on deposit with the paying agent three business days before the payment 37.20date. If anew text begin schoolnew text end districtnew text begin or intermediate school districtnew text end either covenants to be bound by 37.21this section or accepts state payments under this section to prevent a default of a particular 37.22issue of debt obligations, the provisions of this section shall be binding as to that issue 37.23as long as any debt obligation of that issue remain outstanding. If the provisions of this 37.24section are or become binding for more than one issue of debt obligations and anew text begin schoolnew text end 37.25districtnew text begin or intermediate school districtnew text end is unable to make payments on one or more of those 37.26issues, the district must continue to make payments on the remaining issues. 37.27    Subd. 8. Mandatory plan; technical assistance. If the state makes payments 37.28on behalf of a new text begin school new text end district new text begin or intermediate school district new text end under this section or the 37.29district defaults in the payment of principal or interest on an outstanding debt obligation, it 37.30must submit a plan to the commissioner for approval specifying the measures it intends 37.31to implement to resolve the issues which led to its inability to make the payment and 37.32to prevent further defaults. The department must provide technical assistance to thenew text begin new text end 37.33new text begin schoolnew text end districtnew text begin or intermediate school districtnew text end in preparing its plan. If the commissioner 37.34determines that a district's plan is not adequate, the commissioner shall notify thenew text begin schoolnew text end 37.35districtnew text begin or intermediate school districtnew text end that the plan has been disapproved, the reasons for 37.36the disapproval, and that the state shall not make future payments under this section for 38.1debt obligations issued after the date specified in that notice until its plan is approved. 38.2The commissioner may also notify thenew text begin schoolnew text end districtnew text begin or intermediate school districtnew text end that 38.3until its plan is approved, other aids due the district will be withheld after a date specified 38.4in the notice. 38.5    Subd. 9. State bond rating. If the commissioner of finance determines that the 38.6credit rating of the state would be adversely affected thereby, the commissioner of finance 38.7shall not issue warrants under subdivision 2 for the payment of principal or interest on any 38.8debt obligations for which a district did not, prior to their issuance, obligate itself to be 38.9bound by the provisions of this section. 38.10    Subd. 10. Continuing disclosure agreements. The commissioner of finance 38.11may enter into written agreements or contracts relating to the continuing disclosure of 38.12information needed to facilitate the ability of school districtsnew text begin or intermediate school new text end 38.13new text begin districtsnew text end to issue debt obligations according to federal securities laws, rules, and 38.14regulations, including securities and exchange commission rules and regulations, section 38.15240.15c2-12. Such agreements or contracts may be in any form the commissioner of 38.16finance deems reasonable and in the state's best interests. 38.17new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 38.18    Sec. 39. new text begin [127A.331] SCHOOL ENDOWMENT FUND; USE OF REVENUE.new text end 38.19    new text begin A school that receives school endowment fund revenue under section 127A.33 new text end 38.20new text begin in excess of $36 per pupil in average daily membership may use that revenue only for new text end 38.21new text begin the following purposes:new text end 38.22    new text begin (1) to purchase or lease computers and related materials, copying machines, new text end 38.23new text begin telecommunications equipment, and other noninstructional equipment;new text end 38.24    new text begin (2) to purchase or lease assistive technology or equipment for instructional programs;new text end 38.25    new text begin (3) to purchase new and replacement library media resources or technology;new text end 38.26    new text begin (4) to pay for ongoing or recurring telecommunications/Internet access costs new text end 38.27new text begin associated with Internet access, data lines, and video links; and new text end 38.28    new text begin (5) to pay for service provider installation fees for installation of new new text end 38.29new text begin telecommunications lines or increased bandwidth.new text end 38.30new text begin EFFECTIVE DATE.new text end new text begin This section is effective for revenue for fiscal year 2010.new text end 38.31    Sec. 40. Minnesota Statutes 2006, section 127A.45, subdivision 16, is amended to read: 38.32    Subd. 16. Payments to third parties. Notwithstanding subdivision 3, the current 38.33year aid payment percentage of the amounts under section 123A.26, subdivision 3new text begin and new text end 39.1new text begin section 124D.041new text end , shall be paid in equal installments on August 30, December 30, and 39.2March 30, with a final adjustment payment on October 30 of the next fiscal year of the 39.3remaining amount. 39.4    Sec. 41. new text begin [145.986] STATEWIDE HEALTH IMPROVEMENT PROGRAM.new text end 39.5    new text begin Subdivision 1.new text end new text begin Goals.new text end new text begin The initial goals of the public health improvement program new text end 39.6new text begin are to reduce the percentage of Minnesotans who are obese or overweight to less than half new text end 39.7new text begin by the year 2020 and to reduce tobacco smoking by two percent annually starting in 2011. new text end 39.8new text begin By 2011, and considering available funding, the commissioner of health, in consultation new text end 39.9new text begin with the State Community Health Advisory Committee established in section 145A.10, new text end 39.10new text begin subdivision 10, and other stakeholders, may make recommendations as to future goals new text end 39.11new text begin related to alcohol use and illegal drug use.new text end 39.12    new text begin Subd. 2.new text end new text begin Funding local communities.new text end new text begin Beginning January 1, 2009, the new text end 39.13new text begin commissioner of health must provide funding to community health boards to convene, new text end 39.14new text begin coordinate, and lead locally developed programs targeted at achieving measurable health new text end 39.15new text begin improvement goals. Funding to each community health board will be distributed based on new text end 39.16new text begin a per capita formula, with a base allocation of $50,000 to each community health board new text end 39.17new text begin that receives funding. By January 15, 2011, the commissioner of health must recommend new text end 39.18new text begin whether additional funding should be distributed to community health boards based on new text end 39.19new text begin health disparities demonstrated in the populations served.new text end 39.20    new text begin Subd. 3.new text end new text begin Outcomes.new text end new text begin (a) The commissioner of health must set performance measures new text end 39.21new text begin and annually review the progress of local communities in improving the performance new text end 39.22new text begin measures. The commissioner may provide technical assistance and corrective action plans new text end 39.23new text begin to ensure that local communities are making sufficient progress.new text end 39.24    new text begin (b) The commissioner must measure current public health data, using existing new text end 39.25new text begin measures and data collection systems when available, to determine baseline data against new text end 39.26new text begin which progress shall be monitored.new text end 39.27    new text begin Subd. 4.new text end new text begin Media campaign.new text end new text begin The commissioner of health must conduct a statewide new text end 39.28new text begin marketing campaign using public media to reinforce local efforts at addressing health new text end 39.29new text begin improvement goals. The commissioner must develop the statewide campaigns and new text end 39.30new text begin determine the timing of these campaigns in consultation with local public health new text end 39.31new text begin representatives.new text end 39.32    Sec. 42. Laws 2007, chapter 146, article 2, section 46, subdivision 13, is amended to 39.33read: 40.1    Subd. 13. Preadvanced placement, advanced placement, international 40.2baccalaureate, and concurrent enrollment programs. For preadvanced placement, 40.3advanced placement, international baccalaureate, and concurrent enrollment programs 40.4under Minnesota Statutes, sections 120B.132 and 124D.091: 40.5 $ 6,500,000 ..... 2008 40.6 $ 6,500,000 ..... 2009
40.7    Of this amount, $2,500,000 each year is for concurrent enrollment program aid 40.8under Minnesota Statutes, section 124D.091. If the appropriation is insufficient, the 40.9commissioner must proportionately reduce the aid payment to each district. new text begin Any balance new text end 40.10new text begin in the first year does not cancel but is available in the second year.new text end 40.11    The base appropriation for fiscal year 2010 and later is $2,000,000. 40.12new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 40.13    Sec. 43. Laws 2007, chapter 146, article 3, section 23, subdivision 2, is amended to 40.14read: 40.15    Subd. 2. Report. new text begin (a)new text end The task force must submit to the education policy and finance 40.16committees of the legislature by February 15, 2008new text begin 2009new text end , a report that identifies and 40.17clearly and concisely explains each provision in state law or rule that exceeds or expands 40.18upon a minimum federal requirement contained in law or regulation for providing special 40.19education programs and services to eligible students. The report also must recommend 40.20which state provisionsnew text begin statutes and rulesnew text end that exceed or expand upon a minimum federal 40.21requirement may be amended to conform with minimum federal requirementsnew text begin or made new text end 40.22new text begin more effective as determined by a majority of the task force membersnew text end . new text begin The task force must new text end 40.23new text begin recommend rules governing the use of aversive and deprivation procedures by school new text end 40.24new text begin district employees or persons under contract with a school district.new text end The task force expires 40.25when it submits its report to the legislature. 40.26    new text begin (b) Consistent with subdivision 1, the Department of Education member of the new text end 40.27new text begin task force representing regulators shall be replaced with a parent advocate selected by a new text end 40.28new text begin statewide organization that advocates on behalf of families with children with disabilities.new text end 40.29    new text begin (c) The Department of Education must provide technical assistance at the request of new text end 40.30new text begin the task force.new text end 40.31new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 40.32    Sec. 44. Laws 2007, chapter 146, article 3, section 24, subdivision 9, is amended to 40.33read: 41.1    Subd. 9. Special Education Task Force. For the task force to compare federal 41.2and state special education requirements: 41.3 $ 20,000new text begin 40,000new text end ..... 2008
41.4    new text begin Any balance in the first year does not cancel but is available in the second year.new text end 41.5    This is a onetime appropriation. 41.6new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 41.7    Sec. 45. Laws 2007, chapter 146, article 5, section 13, subdivision 5, is amended to 41.8read: 41.9    Subd. 5. Plainview-Elgin-Millville fund balance replacement aid. 41.10    For fund balance replacement aid for Independent School District No. 2899, 41.11Plainview-Elgin-Millville: 41.12 $ 17,000new text begin 24,000new text end ..... 2008
41.13    This is a onetime appropriation. 41.14new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 41.15    Sec. 46. Laws 2007, chapter 146, article 7, section 4, is amended to read: 41.16    Sec. 4. APPROPRIATIONS; DEPARTMENT OF EDUCATION. 41.17    Subdivision 1. Department of Education. Unless otherwise indicated, the sums 41.18indicated in this section are appropriated from the general fund to the Department of 41.19Education for the fiscal years designated. 41.20    Subd. 2. Department. (a) For the Department of Education: 41.21 $ 22,169,000 ..... 2008 41.22 41.23 $ 22,653,000 new text begin 21,761,000new text end ..... 2009
41.24    Any balance in the first year does not cancel but is available in the second year. 41.25    (b) $7,000 in fiscal year 2008 is for GRAD test rulemaking. 41.26    (c) $7,000 in fiscal year 2008 is for rulemaking under section 3. 41.27    (d) $40,000 each year is for an early hearing loss intervention coordinator under 41.28Minnesota Statutes, section 125A.63, subdivision 5. If the department expends federal 41.29funds to employ a hearing loss coordinator under Minnesota Statutes, section 125.63, 41.30subdivision 5 , then the appropriation under this paragraph is reallocated for purposes of 41.31employing a world languages coordinator. 41.32    (e) $260,000 each year is for the Minnesota Children's Museum. 41.33    (f) $41,000 each year is for the Minnesota Academy of Science. 42.1    (g) $619,000 in fiscal year 2008 and $632,000 in fiscal year 2009 are for the Board 42.2of Teaching. 42.3    (h) $163,000 in fiscal year 2008 and $171,000 in fiscal year 2009 are for the Board 42.4of School Administrators. 42.5    (i) $50,000 each year is for the Duluth Children's Museum. 42.6    (j) The expenditures of federal grants and aids as shown in the biennial budget 42.7document and its supplements are approved and appropriated and shall be spent as 42.8indicated. 42.9    (k) None of the amounts appropriated under this subdivision may be used for 42.10Minnesota's Washington, D.C., office. 42.11    Sec. 47. Laws 2007, First Special Session chapter 2, article 1, section 11, subdivision 42.121, is amended to read: 42.13 Subdivision 1. Total Appropriation$ 584,000 new text begin 298,000new text end
42.14The appropriations in this section are from 42.15the general fund. The amounts that may be 42.16spent for each purpose are specified in the 42.17following subdivisions. 42.18new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 42.19    Sec. 48. Laws 2007, First Special Session chapter 2, article 1, section 11, subdivision 42.202, is amended to read: 42.21 42.22 Subd. 2. Independent School District No. 239, Rushford-Peterson
42.23 (a) Flood Enrollment Impact Aid 89,000
42.24The commissioner of education shall pay to 42.25the school district flood enrollment impact 42.26aid equal to $5,394 times the number of 42.27pupils lost as a result of the floods of August 42.282007. The district must provide to the 42.29commissioner of education documentation 42.30of the number of pupils in average daily 42.31membership lost as a result of the flood. 42.32 (b) Disaster Relief Facilities Grant 250,000 new text begin 150,000new text end
43.1For facilities cleanup, repair, and replacement 43.2costs related to the floods of August 2007 not 43.3covered by the district's insurance settlement 43.4or through Federal Emergency Management 43.5Agency payments. The commissioner of 43.6education may request the school district 43.7to provide necessary information before 43.8awarding a grant. 43.9 (c) Pupil Transportation Aid 40,000
43.10For increased costs associated with 43.11transporting students as a result of the floods 43.12of August 2007. 43.13new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 43.14    Sec. 49. Laws 2007, First Special Session chapter 2, article 1, section 11, subdivision 43.156, is amended to read: 43.16 43.17 Subd. 6. Disaster Relief Facilities Grants to Other Districts 90,000new text begin 14,000new text end
43.18For facilities cleanup, repair, and replacement 43.19costs related to the floods of August 2007 not 43.20covered by the district's insurance settlement 43.21or through Federal Emergency Management 43.22Agency payments. The commissioner of 43.23education may request the school district 43.24to provide necessary information before 43.25awarding a grant. School districts not 43.26included in subdivisions 2 to 5 must be given 43.27priority in the allocation of this appropriation. 43.28new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 43.29    Sec. 50. new text begin FUND TRANSFERS.new text end 43.30    new text begin Subdivision 1.new text end new text begin Capital account transfers.new text end new text begin Notwithstanding any law to the contrary, new text end 43.31new text begin on June 30, 2008, a school district may transfer money from its reserved for operating new text end 43.32new text begin capital account to its undesignated balance in the general fund. The amount transferred new text end 44.1new text begin by any school district must not exceed $51 times the district's adjusted marginal cost new text end 44.2new text begin pupil units for fiscal year 2007. This transfer may occur only after the school board has new text end 44.3new text begin adopted a written resolution stating the amount of the transfer and declaring that the new text end 44.4new text begin school district's operating capital needs are being met.new text end 44.5    new text begin Subd. 2.new text end new text begin Reserved for operating capital account transfer; Balaton school new text end 44.6new text begin district.new text end new text begin Notwithstanding Minnesota Statutes, section 123B.79 or 123B.80, or subdivision new text end 44.7new text begin 1, on June 30, 2008, Independent School District No. 411, Balaton, may transfer up to new text end 44.8new text begin $70,000 from its reserved for operating capital account to its undesignated general fund new text end 44.9new text begin balance.new text end 44.10    new text begin Subd. 3.new text end new text begin Reserved for operating capital account transfer; East Central school new text end 44.11new text begin district.new text end new text begin Notwithstanding Minnesota Statutes, section 123B.79 or 123B.80, or subdivision new text end 44.12new text begin 1, on June 30, 2008, Independent School District No. 2580, East Central, may transfer up new text end 44.13new text begin to $300,000 from its reserved for operating capital account to its undesignated general new text end 44.14new text begin fund balance.new text end 44.15new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 44.16    Sec. 51. new text begin ONETIME GENERAL EDUCATION REVENUE INCREASE; FISCAL new text end 44.17new text begin YEAR 2009 ONLY.new text end 44.18    new text begin A school district's general education revenue under Minnesota Statutes, section new text end 44.19new text begin 126C.10, is increased for fiscal year 2009 only by an amount equal to $51 times the new text end 44.20new text begin district's adjusted marginal cost pupil units for that year.new text end 44.21    Sec. 52. new text begin ALTERNATIVE TEACHER COMPENSATION AID.new text end 44.22    new text begin A school district that has not applied for alternative teacher compensation aid under new text end 44.23new text begin Minnesota Statutes, section 126C.10, subdivision 34, by March 20, 2008, is not eligible new text end 44.24new text begin for aid under that subdivision for fiscal year 2009. Nothing in this section limits a district's new text end 44.25new text begin eligibility for alternative teacher compensation aid in subsequent fiscal years.new text end 44.26new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 44.27    Sec. 53. new text begin IMPLEMENTING A STUDENT GROWTH-BASED VALUE-ADDED new text end 44.28new text begin SYSTEM.new text end 44.29    new text begin (a) To implement the requirements of Minnesota Statutes, section 120B.35, new text end 44.30new text begin subdivision 3, paragraph (b), and to help parents and members of the public compare the new text end 44.31new text begin reported data, the commissioner must convene a group of expert school district assessment new text end 44.32new text begin and evaluation staff, including a recognized Minnesota assessment group composed new text end 45.1new text begin of assessment and evaluation directors and staff and researchers under Minnesota new text end 45.2new text begin Statutes, section 120B.299, subdivision 6, and interested stakeholders, including school new text end 45.3new text begin superintendents, school principals, school teachers, and parents to examine the actual new text end 45.4new text begin statewide performance of students using Minnesota's growth-based value-added system new text end 45.5new text begin and establish criteria for identifying schools and school districts that demonstrate new text end 45.6new text begin accelerated growth in order to advance educators' professional development and replicate new text end 45.7new text begin programs that succeed in meeting students' diverse learning needs.new text end 45.8    new text begin (b) The commissioner must submit a written report to the education committees of new text end 45.9new text begin the house of representatives and senate by February 15, 2009, describing the criteria for new text end 45.10new text begin identifying schools and school districts that demonstrate accelerated growth. The group new text end 45.11new text begin convened under this section expires on June 30, 2009.new text end 45.12new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment new text end 45.13new text begin and applies to school report cards in the 2008-2009 school year and later.new text end 45.14    Sec. 54. new text begin IMPLEMENTING RIGOROUS COURSEWORK MEASURES new text end 45.15new text begin RELATED TO STUDENT PERFORMANCE.new text end 45.16    new text begin (a) To implement the requirements of Minnesota Statutes, section 120B.35, new text end 45.17new text begin subdivision 3, paragraph (c), clauses (1) and (2), and to help parents and members of the new text end 45.18new text begin public compare the reported data, the commissioner of education must convene a group of new text end 45.19new text begin recognized and qualified experts and interested stakeholders, including parents among new text end 45.20new text begin other stakeholders, to develop a model projecting anticipated performance of each high new text end 45.21new text begin school on preparation and rigorous coursework measures that compares the school with new text end 45.22new text begin similar schools. The model must use information about entering high school students new text end 45.23new text begin based on particular background characteristics that are predictive of differing rates of new text end 45.24new text begin college readiness. These characteristics include grade 8 achievement levels, high school new text end 45.25new text begin student mobility, high school student attendance, and the size of each entering ninth grade new text end 45.26new text begin class. The group of experts and stakeholders may examine other characteristics not part new text end 45.27new text begin of the prediction model including the nine student categories identified under the federal new text end 45.28new text begin 2001 No Child Left Behind Act, and two student gender categories of male and female, new text end 45.29new text begin respectively. The commissioner annually must use the predicted level of entering students' new text end 45.30new text begin performance to provide a context for interpreting graduating students' actual performance. new text end 45.31new text begin The group convened under this section expires June 30, 2011.new text end 45.32    new text begin (b) Consistent with paragraph (a), the commissioner also must propose an expanded new text end 45.33new text begin high school student data system to report preparation and rigorous coursework measures new text end 45.34new text begin and facilitate additional research on college readiness. This proposed data system must new text end 45.35new text begin expect school districts and charter schools to report data to the state education department new text end 46.1new text begin on each course a high school student takes and completes. The commissioner must link new text end 46.2new text begin the course data file to the department's existing student reporting system. The proposed new text end 46.3new text begin data system must enable the commissioner to prepare detailed reports, consistent with the new text end 46.4new text begin requirements in Minnesota Statutes, section 120B.35, subdivision 3, paragraph (d), clauses new text end 46.5new text begin (1) and (2), and support the development of a state P-16 longitudinal data system.new text end 46.6new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment new text end 46.7new text begin and applies to school report cards beginning July 1, 2011.new text end 46.8    Sec. 55. new text begin IMPLEMENTING MEASURES FOR ASSESSING STUDENTS' new text end 46.9new text begin SELF-REPORTED SENSE OF SCHOOL SAFETY, ENGAGEMENT IN new text end 46.10new text begin SCHOOL, AND THE QUALITY OF RELATIONSHIPS WITH TEACHERS, new text end 46.11new text begin ADMINISTRATORS, AND OTHER STUDENTS.new text end 46.12    new text begin (a) To implement the requirements of Minnesota Statutes, section 120B.35, new text end 46.13new text begin subdivision 3, paragraph (d), and to help parents and members of the public compare the new text end 46.14new text begin reported data, the commissioner of education, in consultation with interested stakeholders, new text end 46.15new text begin including parents among other stakeholders, must convene a group of recognized and new text end 46.16new text begin qualified experts to:new text end 46.17    new text begin (1) analyze the University of Minnesota student safety and engagement survey new text end 46.18new text begin instrument and other commonly recognized survey instruments to select the survey new text end 46.19new text begin instrument that best meets state accountability requirements;new text end 46.20    new text begin (2) ensure that the selected survey instrument has sound psychometric properties and new text end 46.21new text begin is useful for intervention planning;new text end 46.22    new text begin (3) determine at what grade levels to administer the survey instrument and ensure new text end 46.23new text begin that the survey instrument can be used at those grade levels; andnew text end 46.24    new text begin (4) determine through disaggregated use of survey indicators or other means how to new text end 46.25new text begin report "safety" in order to comply with federal law.new text end 46.26    new text begin (b) The commissioner must submit a written report to the education committees of new text end 46.27new text begin the house of representatives and senate by February 15, 2009, presenting the experts' new text end 46.28new text begin responses to paragraph (a), clauses (1) to (4). The group convened under this section new text end 46.29new text begin expires June 30, 2009.new text end 46.30new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment new text end 46.31new text begin and applies to school report cards beginning July 1, 2011.new text end 46.32    Sec. 56. new text begin GROWTH-BASED VALUE-ADDED SYSTEM.new text end 47.1    new text begin The growth-based value-added system used by the commissioner of education to new text end 47.2new text begin comply with Minnesota Statutes, section 120B.35, subdivision 3, paragraph (b), must new text end 47.3new text begin be consistent with the growth-based value-added model contained in the document new text end 47.4new text begin labeled "Educational Report Card Growth Model" developed in partnership with the new text end 47.5new text begin Minnesota Department of Education. The document must be deposited with the new text end 47.6new text begin Office of the Revisor of Statutes, the Legislative Reference Library, and the State Law new text end 47.7new text begin Library, where the document shall be maintained until the commissioner implements the new text end 47.8new text begin growth-based value-added system under Minnesota Statutes, section 120B.35, subdivision new text end 47.9new text begin 3, paragraph (b). The recognized Minnesota assessment group composed of assessment new text end 47.10new text begin and evaluation directors and staff and researchers under Minnesota Statutes, section new text end 47.11new text begin 120B.299, subdivision 6, must determine whether the growth-based value-added model new text end 47.12new text begin the commissioner uses to comply with Minnesota Statutes, section 120B.35, subdivision new text end 47.13new text begin 3, paragraph (b), is consistent with the deposited document and report its determination to new text end 47.14new text begin the education committees of the house of representatives and senate by February 15, 2009.new text end 47.15new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 47.16    Sec. 57. new text begin EXPEDITED PROCESS; SPECIFIC LEARNING DISABILITIES new text end 47.17new text begin RULE.new text end 47.18    new text begin The commissioner of education may use the expedited process under Minnesota new text end 47.19new text begin Statutes, section 14.389, to conform Minnesota Rules, part 3525.1341, to new federal new text end 47.20new text begin requirements on specific learning disabilities under Public Law 108-446, sections 602(30) new text end 47.21new text begin and 614(b)(6), the Individuals with Disabilities Education Improvement Act of 2004, new text end 47.22new text begin and its implementing regulations.new text end 47.23new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 47.24    Sec. 58. new text begin ENDING PARTICIPATION IN NO CHILD LEFT BEHIND.new text end 47.25    new text begin The commissioner of education must nullify and revoke by August 1, 2009, the new text end 47.26new text begin consolidated state plan that the state of Minnesota submitted to the federal Department new text end 47.27new text begin of Education on implementing the No Child Left Behind Act of 2001, and any other new text end 47.28new text begin Minnesota state contract or agreement entered into under the provisions of the No Child new text end 47.29new text begin Left Behind Act of 2001.new text end 47.30    Sec. 59. new text begin APPROPRIATIONS.new text end 48.1    new text begin Subdivision 1.new text end new text begin Department of Education.new text end new text begin The sums indicated in this section are new text end 48.2new text begin appropriated from the general fund, unless otherwise indicated, to the Department of new text end 48.3new text begin Education for the fiscal years designated.new text end 48.4    new text begin Subd. 2.new text end new text begin Additional general education revenue.new text end new text begin For additional general education new text end 48.5new text begin aid according to section 51:new text end 48.6 new text begin $new text end new text begin 23,262,000new text end new text begin .....new text end new text begin 2009new text end
48.7    new text begin This appropriation is in addition to any other appropriation for this purpose.new text end 48.8    new text begin This 2009 appropriation includes $0 for 2008 and $18,926,000 for 2009.new text end 48.9    new text begin Subd. 3.new text end new text begin Rushford-Peterson.new text end new text begin For a grant to Independent School District No. new text end 48.10new text begin 239, Rushford-Peterson, for school district flood enrollment impact aid and aid for the new text end 48.11new text begin increased costs of transporting students as a result of the floods of August 2007.new text end 48.12 new text begin $new text end new text begin 158,000new text end new text begin .....new text end new text begin 2009new text end
48.13    new text begin The base appropriation for fiscal year 2010 is $158,000. The base appropriation for new text end 48.14new text begin later years is zero.new text end 48.15    new text begin Subd. 4.new text end new text begin Virginia.new text end new text begin For a grant to Independent School District No. 701, Virginia, for new text end 48.16new text begin emergency school facility repairs:new text end 48.17 new text begin $new text end new text begin 100,000new text end new text begin .....new text end new text begin 2009new text end
48.18    new text begin This is a onetime appropriation.new text end 48.19    new text begin Subd. 5.new text end new text begin Lancaster.new text end new text begin For a grant to Independent School District No. 356, Lancaster, new text end 48.20new text begin to replace the loss of sparsity revenue:new text end 48.21 new text begin $new text end new text begin 100,000new text end new text begin .....new text end new text begin 2009new text end
48.22    new text begin The base appropriation for fiscal years 2010 and 2011 is $100,000 per year. The new text end 48.23new text begin base appropriation for later fiscal years is zero.new text end 48.24    new text begin Subd. 6.new text end new text begin Principal's Leadership Institute.new text end new text begin For a grant to the Principal's Leadership new text end 48.25new text begin Institute under Minnesota Statutes, section 122A.74:new text end 48.26 new text begin $new text end new text begin 400,000new text end new text begin .....new text end new text begin 2009new text end
48.27    new text begin The base appropriation for this program for fiscal year 2010 and later is $400,000.new text end 48.28    new text begin Subd. 7.new text end new text begin Board of Teaching; licensure by portfolio.new text end new text begin For the Board of Teaching new text end 48.29new text begin for licensure by portfolio:new text end 48.30 new text begin $new text end new text begin 17,000new text end new text begin .....new text end new text begin 2009new text end
49.1    new text begin This appropriation is from the educator licensure portfolio account of the special new text end 49.2new text begin revenue fund.new text end 49.3    Sec. 60. new text begin REPEALER.new text end 49.4new text begin (a)new text end new text begin Minnesota Statutes 2006, sections 121A.67; 125A.16; 125A.19; 125A.20; and new text end 49.5new text begin 125A.57,new text end new text begin are repealed.new text end 49.6new text begin (b)new text end new text begin Laws 2006, chapter 263, article 3, section 16; and Laws 2007, First Special new text end 49.7new text begin Session chapter 2, article 1, section 11, subdivisions 3, and 4, new text end new text begin are repealed.new text end 49.8ARTICLE 2 49.9FORECAST ADJUSTMENTS 49.10    Section 1. Laws 2007, chapter 146, article 1, section 24, subdivision 2, is amended to 49.11read: 49.12    Subd. 2. General education aid. For general education aid under Minnesota 49.13Statutes, section 126C.13, subdivision 4: 49.14 49.15 $ 5,618,342,000 new text begin 5,600,647,000new text end ..... 2008 49.16 49.17 $ 5,618,342,000 new text begin 5,649,098,000new text end ..... 2009
49.18    The 2008 appropriation includes $531,733,000new text begin $536,251,000new text end for 2007 and 49.19$5,073,250,000new text begin $5,064,396,000new text end for 2008. 49.20    The 2009 appropriation includes $546,314,000new text begin $543,752,000new text end for 2008 and 49.21$5,072,028,000 new text begin $5,105,346,000 new text end for 2009. 49.22    Sec. 2. Laws 2007, chapter 146, article 1, section 24, subdivision 3, is amended to read: 49.23    Subd. 3. Referendum tax base replacement aid. For referendum tax base 49.24replacement aid under Minnesota Statutes, section 126C.17, subdivision 7a: 49.25 $ 870,000new text begin 861,000new text end ..... 2008
49.26    The 2008 appropriation includes $870,000new text begin $861,000new text end for 2007 and $0 for 2008. 49.27    Sec. 3. Laws 2007, chapter 146, article 1, section 24, subdivision 4, is amended to read: 49.28    Subd. 4. Enrollment options transportation. For transportation of pupils attending 49.29postsecondary institutions under Minnesota Statutes, section 124D.09, or for transportation 49.30of pupils attending nonresident districts under Minnesota Statutes, section 124D.03: 49.31 $ 95,000new text begin 48,000new text end ..... 2008 49.32 $ 97,000new text begin 50,000new text end ..... 2009
50.1    Sec. 4. Laws 2007, chapter 146, article 1, section 24, subdivision 5, is amended to read: 50.2    Subd. 5. Abatement revenue. For abatement aid under Minnesota Statutes, section 50.3127A.49 : 50.4 50.5 $ 1,343,000 new text begin 1,333,000new text end ..... 2008 50.6 50.7 $ 1,347,000 new text begin 1,629,000new text end ..... 2009
50.8    The 2008 appropriation includes $76,000 for 2007 and $1,267,000new text begin $1,257,000new text end 50.9for 2008. 50.10    The 2009 appropriation includes $140,000new text begin $139,000new text end for 2008 and $1,207,000new text begin new text end 50.11new text begin $1,490,000new text end for 2009. 50.12    Sec. 5. Laws 2007, chapter 146, article 1, section 24, subdivision 6, is amended to read: 50.13    Subd. 6. Consolidation transition. For districts consolidating under Minnesota 50.14Statutes, section 123A.485: 50.15 $ 565,000new text begin 240,000new text end ..... 2008 50.16 $ 212,000new text begin 339,000new text end ..... 2009
50.17    The 2008 appropriation includes $43,000 for 2007 and $522,000new text begin $197,000new text end for 2008. 50.18    The 2009 appropriation includes $57,000new text begin $21,000new text end for 2008 and $155,000new text begin $318,000new text end 50.19for 2009. 50.20    Sec. 6. Laws 2007, chapter 146, article 1, section 24, subdivision 7, is amended to read: 50.21    Subd. 7. Nonpublic pupil education aid. For nonpublic pupil education aid under 50.22Minnesota Statutes, sections 123B.40 to 123B.43, and 123B.87: 50.23 50.24 $ 16,290,000 new text begin 15,601,000new text end ..... 2008 50.25 50.26 $ 16,620,000 new text begin 16,608,000new text end ..... 2009
50.27    The 2008 appropriation includes $1,606,000new text begin $1,214,000new text end for 2007 and $14,684,000new text begin new text end 50.28new text begin $14,387,000new text end for 2008. 50.29    The 2009 appropriation includes $1,631,000new text begin $1,598,000new text end for 2008 and $14,989,000new text begin new text end 50.30new text begin $15,010,000new text end for 2009. 50.31    Sec. 7. Laws 2007, chapter 146, article 1, section 24, subdivision 8, is amended to read: 50.32    Subd. 8. Nonpublic pupil transportation. For nonpublic pupil transportation aid 50.33under Minnesota Statutes, section 123B.92, subdivision 9: 51.1 51.2 $ 21,551,000 new text begin 20,755,000new text end ..... 2008 51.3 51.4 $ 21,392,000 new text begin 21,007,000new text end ..... 2009
51.5    The 2008 appropriation includes $2,124,000 for 2007 and $19,427,000new text begin $18,631,000new text end 51.6for 2008. 51.7    The 2009 appropriation includes $2,158,000new text begin $2,070,000new text end for 2008 and $19,234,000new text begin new text end 51.8new text begin $18,937,000new text end for 2009. 51.9B. EDUCATION EXCELLENCE 51.10    Sec. 8. Laws 2007, chapter 146, article 2, section 46, subdivision 2, is amended to read: 51.11    Subd. 2. Charter school building lease aid. For building lease aid under Minnesota 51.12Statutes, section 124D.11, subdivision 4: 51.13 51.14 $ 31,875,000 new text begin 32,817,000new text end ..... 2008 51.15 51.16 $ 36,193,000 new text begin 37,527,000new text end ..... 2009
51.17    The 2008 appropriation includes $2,814,000 for 2007 and $29,061,000new text begin $30,003,000new text end 51.18for 2008. 51.19    The 2009 appropriation includes $3,229,000new text begin $3,333,000new text end for 2008 and $32,964,000new text begin new text end 51.20new text begin $34,194,000new text end for 2009. 51.21    Sec. 9. Laws 2007, chapter 146, article 2, section 46, subdivision 3, is amended to read: 51.22    Subd. 3. Charter school startup cost aid. For charter school startup cost aid 51.23under Minnesota Statutes, section 124D.11: 51.24 51.25 $ 1,896,000 new text begin 1,801,000new text end ..... 2008 51.26 51.27 $ 2,161,000 new text begin 1,987,000new text end ..... 2009
51.28    The 2008 appropriation includes $241,000 new text begin $239,000 new text end for 2007 and $1,655,000new text begin new text end 51.29new text begin $1,562,000new text end for 2008. 51.30    The 2009 appropriation includes $183,000new text begin $173,000new text end for 2008 and $1,978,000new text begin new text end 51.31new text begin $1,814,000new text end for 2009. 51.32    Sec. 10. Laws 2007, chapter 146, article 2, section 46, subdivision 4, is amended to 51.33read: 52.1    Subd. 4. Integration aid. For integration aid under Minnesota Statutes, section 52.2124D.86, subdivision 5 : 52.3 52.4 $ 61,769,000 new text begin 59,036,000new text end ..... 2008 52.5 52.6 $ 61,000,000 new text begin 62,448,000new text end ..... 2009
52.7    The 2008 appropriation includes $5,824,000 for 2007 and $55,945,000new text begin $53,212,000new text end 52.8for 2008. 52.9    The 2009 appropriation includes $6,216,000new text begin $5,912,000new text end for 2008 and $54,784,000new text begin new text end 52.10new text begin $56,536,000new text end for 2009. 52.11    Sec. 11. Laws 2007, chapter 146, article 2, section 46, subdivision 6, is amended to 52.12read: 52.13    Subd. 6. Interdistrict desegregation or integration transportation grants. For 52.14interdistrict desegregation or integration transportation grants under Minnesota Statutes, 52.15section 124D.87: 52.16 52.17 $ 9,639,000 new text begin 9,901,000new text end ..... 2008 52.18 52.19 $ 11,567,000 new text begin 11,881,000new text end ..... 2009
52.20    Sec. 12. Laws 2007, chapter 146, article 2, section 46, subdivision 9, is amended to 52.21read: 52.22    Subd. 9. Tribal contract schools. For tribal contract school aid under Minnesota 52.23Statutes, section 124D.83: 52.24 52.25 $ 2,238,000 new text begin 2,207,000new text end ..... 2008 52.26 52.27 $ 2,422,000 new text begin 2,392,000new text end ..... 2009
52.28    The 2008 appropriation includes $204,000 for 2007 and $2,034,000new text begin $2,003,000new text end 52.29for 2008. 52.30    The 2009 appropriation includes $226,000new text begin $222,000new text end for 2008 and $2,196,000new text begin new text end 52.31new text begin $2,170,000new text end for 2009. 52.32C. SPECIAL PROGRAMS 52.33    Sec. 13. Laws 2007, chapter 146, article 3, section 24, subdivision 3, is amended to 52.34read: 53.1    Subd. 3. Aid for children with disabilities. For aid under Minnesota Statutes, 53.2section 125A.75, subdivision 3, for children with disabilities placed in residential facilities 53.3within the district boundaries for whom no district of residence can be determined: 53.4 53.5 $ 1,538,000 new text begin 2,086,000new text end ..... 2008 53.6 53.7 $ 1,729,000 new text begin 2,282,000new text end ..... 2009
53.8    If the appropriation for either year is insufficient, the appropriation for the other 53.9year is available. 53.10    Sec. 14. Laws 2007, chapter 146, article 3, section 24, subdivision 4, is amended to 53.11read: 53.12    Subd. 4. Travel for home-based services. For aid for teacher travel for home-based 53.13services under Minnesota Statutes, section 125A.75, subdivision 1: 53.14 $ 254,000new text begin 207,000new text end ..... 2008 53.15 $ 284,000new text begin 227,000new text end ..... 2009
53.16    The 2008 appropriation includes $22,000 for 2007 and $232,000new text begin $185,000new text end for 2008. 53.17    The 2009 appropriation includes $25,000new text begin $20,000new text end for 2008 and $259,000new text begin $207,000new text end 53.18for 2009. 53.19D. FACILITIES AND TECHNOLOGY 53.20    Sec. 15. Laws 2007, chapter 146, article 4, section 16, subdivision 2, is amended to 53.21read: 53.22    Subd. 2. Health and safety revenue. For health and safety aid according to 53.23Minnesota Statutes, section 123B.57, subdivision 5: 53.24 $ 190,000new text begin 254,000new text end ..... 2008 53.25 $ 179,000new text begin 103,000new text end ..... 2009
53.26    The 2008 appropriation includes $20,000 for 2007 and $170,000new text begin $234,000new text end for 2008. 53.27    The 2009 appropriation includes $18,000new text begin $26,000new text end for 2008 and $161,000new text begin $77,000new text end 53.28for 2009. 53.29    Sec. 16. Laws 2007, chapter 146, article 4, section 16, subdivision 3, is amended to 53.30read: 53.31    Subd. 3. Debt service equalization. For debt service aid according to Minnesota 53.32Statutes, section 123B.53, subdivision 6: 54.1 54.2 $ 14,813,000 new text begin 14,814,000new text end ..... 2008 54.3 54.4 $ 11,124,000 new text begin 9,109,000new text end ..... 2009
54.5    The 2008 appropriation includes $1,767,000new text begin $1,766,000new text end for 2007 and $13,046,000new text begin new text end 54.6new text begin $13,048,000new text end for 2008. 54.7    The 2009 appropriation includes $1,450,000new text begin $1,449,000new text end for 2008 and $9,674,000new text begin new text end 54.8new text begin $7,660,000new text end for 2009. 54.9    Sec. 17. Laws 2007, chapter 146, article 4, section 16, subdivision 6, is amended to 54.10read: 54.11    Subd. 6. Deferred maintenance aid. For deferred maintenance aid, according to 54.12Minnesota Statutes, section 123B.591, subdivision 4: 54.13 54.14 $ 3,290,000 new text begin 3,232,000new text end ..... 2008 54.15 54.16 $ 2,667,000 new text begin 2,627,000new text end ..... 2009
54.17    The 2008 appropriation includes $0 for 2007 and $3,290,000new text begin $3,232,000new text end for 2008. 54.18    The 2009 appropriation includes $365,000new text begin $359,000new text end for 2008 and $2,302,000new text begin new text end 54.19new text begin $2,268,000new text end for 2009. 54.20    Sec. 18. Laws 2007, chapter 146, article 4, section 16, subdivision 8, is amended to 54.21read: 54.22    Subd. 8. School technology and operating capital aid grants. For school 54.23technology and operating capital grants under section 11: 54.24 54.25 $ 38,145,000 new text begin 38,236,000new text end ..... 2008 54.26 54.27 $ 52,676,000 new text begin 52,454,000new text end ..... 2009
54.28    This is a onetime appropriation. 54.29E. NUTRITION AND ACCOUNTING 54.30    Sec. 19. Laws 2007, chapter 146, article 5, section 13, subdivision 2, is amended to 54.31read: 54.32    Subd. 2. School lunch. For school lunch aid according to Minnesota Statutes, 54.33section 124D.111, and Code of Federal Regulations, title 7, section 210.17: 55.1 55.2 $ 12,022,000 new text begin 12,094,000new text end ..... 2008 55.3 55.4 $ 12,166,000 new text begin 12,394,000new text end ..... 2009
55.5    Sec. 20. Laws 2007, chapter 146, article 5, section 13, subdivision 3, is amended to 55.6read: 55.7    Subd. 3. Traditional school breakfast; kindergarten milk. For traditional school 55.8breakfast aid and kindergarten milk under Minnesota Statutes, sections 124D.1158 and 55.9124D.118 : 55.10 55.11 $ 5,460,000 new text begin 5,583,000new text end ..... 2008 55.12 55.13 $ 5,695,000 new text begin 5,994,000new text end ..... 2009
55.14    Sec. 21. Laws 2007, chapter 146, article 5, section 13, subdivision 4, is amended to 55.15read: 55.16    Subd. 4. Summer food service replacement aid. For summer food service 55.17replacement aid under Minnesota Statutes, section 124D.119: 55.18 $ 150,000new text begin 127,000new text end ..... 2008 55.19 $ 150,000 ..... 2009
55.20F. EARLY CHILDHOOD AND ADULT PROGRAMS 55.21    Sec. 22. Laws 2007, chapter 146, article 9, section 17, subdivision 2, is amended to 55.22read: 55.23    Subd. 2. Early childhood family education aid. For early childhood family 55.24education aid under Minnesota Statutes, section 124D.135: 55.25 55.26 $ 21,106,000 new text begin 21,092,000new text end ..... 2008 55.27 55.28 $ 29,601,000 new text begin 29,324,000new text end ..... 2009
55.29    The 2008 appropriation includes $1,796,000 for 2007 and $19,310,000new text begin $19,296,000new text end 55.30for 2008. 55.31    The 2009 appropriation includes $2,145,000new text begin $2,144,000new text end for 2008 and $27,456,000new text begin new text end 55.32new text begin $27,180,000new text end for 2009. 56.1    Sec. 23. Laws 2007, chapter 146, article 9, section 17, subdivision 3, is amended to 56.2read: 56.3    Subd. 3. School readiness. For revenue for school readiness programs under 56.4Minnesota Statutes, sections 124D.15 and 124D.16: 56.5 56.6 $ 9,995,000 new text begin 9,987,000new text end ..... 2008 56.7 $ 10,095,000 ..... 2009
56.8    The 2008 appropriation includes $909,000new text begin $901,000new text end for 2007 and $9,086,000 for 56.92008. 56.10    The 2009 appropriation includes $1,009,000 for 2008 and $9,086,000 for 2009. 56.11    Sec. 24. Laws 2007, chapter 146, article 9, section 17, subdivision 4, is amended to 56.12read: 56.13    Subd. 4. Health and developmental screening aid. For health and developmental 56.14screening aid under Minnesota Statutes, sections 121A.17 and 121A.19: 56.15 56.16 $ 3,159,000 new text begin 2,624,000new text end ..... 2008 56.17 56.18 $ 3,330,000 new text begin 2,656,000new text end ..... 2009
56.19    The 2008 appropriation includes $288,000 for 2007 and $2,871,000new text begin $2,336,000new text end 56.20for 2008. 56.21    The 2009 appropriation includes $319,000new text begin $259,000new text end for 2008 and $3,011,000new text begin new text end 56.22new text begin $2,397,000new text end for 2009. 56.23    Sec. 25. Laws 2007, chapter 146, article 9, section 17, subdivision 8, is amended to 56.24read: 56.25    Subd. 8. Community education aid. For community education aid under 56.26Minnesota Statutes, section 124D.20: 56.27 56.28 $ 1,307,000 new text begin 1,299,000new text end ..... 2008 56.29 $ 816,000new text begin 796,000new text end ..... 2009
56.30    The 2008 appropriation includes $195,000 for 2007 and $1,112,000new text begin $1,104,000new text end 56.31for 2008. 56.32    The 2009 appropriation includes $123,000new text begin $122,000new text end for 2008 and $693,000new text begin new text end 56.33new text begin $674,000new text end for 2009. 57.1    Sec. 26. Laws 2007, chapter 146, article 9, section 17, subdivision 9, is amended to 57.2read: 57.3    Subd. 9. Adults with disabilities program aid. For adults with disabilities 57.4programs under Minnesota Statutes, section 124D.56: 57.5 $ 710,000new text begin 709,000new text end ..... 2008 57.6 $ 710,000 ..... 2009
57.7    The 2008 appropriation includes $71,000new text begin $70,000new text end for 2007 and $639,000 for 2008. 57.8    The 2009 appropriation includes $71,000 for 2008 and $639,000 for 2009. 57.9    School districts operating existing adults with disabilities programs that are not fully 57.10funded shall receive full funding for the program beginning in fiscal year 2008 before the 57.11commissioner awards grants to other districts. 57.12    Sec. 27. Laws 2007, chapter 146, article 9, section 17, subdivision 13, is amended to 57.13read: 57.14    Subd. 13. Adult basic education aid. For adult basic education aid under 57.15Minnesota Statutes, section 124D.531: 57.16 57.17 $ 40,347,000 new text begin 40,344,000new text end ..... 2008 57.18 57.19 $ 41,745,000 new text begin 41,712,000new text end ..... 2009
57.20    The 2008 appropriation includes $3,759,000 for 2007 and $36,588,000new text begin $36,585,000new text end 57.21for 2008. 57.22    The 2009 appropriation includes $4,065,000 for 2008 and $37,680,000new text begin $37,647,000new text end 57.23for 2009.