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Minnesota Legislature

Office of the Revisor of Statutes

HF 57

as introduced - 91st Legislature (2019 - 2020) Posted on 01/14/2019 01:58pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to education; making various nonsubstantive style and form changes;
repealing obsolete statutes;amending Minnesota Statutes 2018, sections 120A.20,
subdivision 2; 120A.22; 120A.24; 120A.34; 120A.35; 120A.40; 121A.26; 122A.09,
subdivision 7; 122A.33, subdivision 2; 123A.45; 124D.4531; 126C.21, subdivision
3; repealing Minnesota Statutes 2018, sections 120B.299, subdivision 5; 121A.70;
122A.58; 122A.695; 126C.41, subdivision 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 120A.20, subdivision 2, is amended to read:


Subd. 2.

Education, residence, and transportation of homeless.

(a) Notwithstanding
subdivision 1, a district must not deny free admission to a homeless pupil solely because
the district cannot determine that the pupil is a resident of the district.

(b) The school district of residence for a homeless pupil deleted text beginshall bedeleted text endnew text begin isnew text end the school district in
which the parent or legal guardian resides, unless: (1) parental rights have been terminated
by court order; (2) the parent or guardian is not living within the state; or (3) the parent or
guardian having legal custody of the child is an inmate of a Minnesota correctional facility
or is a resident of a halfway house under the supervision of the commissioner of corrections.
If any of clauses (1) to (3) apply, the school district of residence deleted text beginshall bedeleted text endnew text begin isnew text end the school district
in which the pupil resided when the qualifying event occurred. If no other district of residence
can be established, the school district of residence deleted text beginshall bedeleted text endnew text begin isnew text end the school district in which
the pupil currently resides. If there is a dispute between school districts regarding residency,
the district of residence is the district designated by the commissioner of education.

(c) The serving district is responsible for transporting a homeless pupil to and from the
pupil's district of residence. The district may transport from a permanent home in another
district but only through the end of the academic school year. When a pupil is enrolled in
a charter school, the district or school that provides transportation for other pupils enrolled
in the charter school is responsible for providing transportation. When a homeless student
with or without an individualized education program attends a public school other than an
independent or special school district or charter school, the district of residence is responsible
for transportation.

Sec. 2.

Minnesota Statutes 2018, section 120A.22, is amended to read:


120A.22 COMPULSORY INSTRUCTION.

Subdivision 1.

Parental responsibility.

The parent of a child is primarily responsible
for assuring that the child acquires knowledge and skills that are essential for effective
citizenship.

Subd. 1a.

Noncustodial parent access to records.

Upon request, a noncustodial parent
has the right of access to, and to receive copies of, school records and information, to attend
conferences, and to be informed about the child's welfare, educational progress, and status,
as authorized under section 518.17, subdivision 3. The school is not required to hold a
separate conference for each parent.

Subd. 2.

Applicability.

This section and sections 120A.24; 120A.26; 120A.32; and
120A.34 apply only to a child required to receive instruction according to subdivision 5 and
to instruction that is intended to fulfill that requirement.

Subd. 3.

Parent defined; residency determined.

(a) In this section and sections 120A.24
and 120A.26, "parent" means a parent, guardian, or other person having legal custody of a
child.

(b) In sections 125A.03 to 125A.24 and 125A.65, "parent" means a parent, guardian, or
other person having legal custody of a child under age 18. For an unmarried pupil age 18
or over, "parent" means the pupil unless a guardian or conservator has been appointed, in
which case it means the guardian or conservator.

(c) For purposes of sections 125A.03 to 125A.24 and 125A.65, the school district of
residence for an unmarried pupil age 18 or over who is a parent under paragraph (b) and
who is placed in a center for care and treatmentdeleted text begin, shall bedeleted text endnew text begin isnew text end the school district in which the
pupil's biological or adoptive parent or designated guardian resides.

(d) For a married pupil age 18 or over, the school district of residence is the school
district in which the married pupil resides.

(e) If a district reasonably believes that a student does not meet the residency requirements
of the school district in which the student is attending school, the new text begindistrict may remove the
new text end student deleted text beginmay be removeddeleted text end from the school deleted text beginonly after the district sendsdeleted text endnew text begin. Before removing the
student, the district must send
new text end the student's parents written notice of the district's belief,
including the facts upon which the belief is based, deleted text beginand an opportunity todeleted text endnew text begin and of the parents'
right to
new text end provide documentary evidence of residency deleted text beginin persondeleted text end to the superintendent or
designeedeleted text begin, or, at the option of the parents, by sending the documentary evidencedeleted text endnew text begin. The parents
may present the documentary evidence in person or may send the evidence
new text end to the
superintendentdeleted text begin,deleted text end or a designee, who deleted text beginwill then make a determination as todeleted text endnew text begin must determinenew text end the
residency status of the student.

Subd. 4.

School defined.

For the purpose of compulsory attendance, a "school" means
a public school, as deleted text begindefineddeleted text endnew text begin referencednew text end in section 120A.05, subdivisions 9, 11, 13, and 17,
or a nonpublic school, church or religious organization, or home school in which a child is
provided instruction in compliance with this section and section 120A.24.

Subd. 5.

Ages and terms.

(a) Every child between seven and 17 years of age must
receive instruction unless the child has graduated. Every child under the age of seven who
is enrolled in deleted text begina half-day kindergarten, or a full-daydeleted text end kindergarten deleted text beginprogram on alternate days,
or other kindergarten programs shall
deleted text endnew text begin or a higher grade mustnew text end receive instructionnew text begin according
to subdivision 6
new text end. Except as provided in subdivision 6, a parent may withdraw a child under
the age of seven from enrollment at any time.

(b) A school district by annual board action may require children subject to this
subdivision to receive instruction in summer school. A district deleted text beginthat acts to requiredeleted text endnew text begin requiringnew text end
children to receive instruction in summer school deleted text beginshalldeleted text endnew text begin mustnew text end establish at the time of its action
the criteria for determining which children must receive instruction.

(c) A pupil 16 years of age or older who meets the criteria of section 124D.68, subdivision
2, deleted text beginand under clause (5) of that subdivisiondeleted text endnew text begin may be referred to an area learning center if the
pupil
new text end has been excluded or expelled from school new text beginin accordance with sections 121A.40 to
121A.56,
new text endor deleted text beginunder clause (11) of that subdivisiondeleted text end has been chronically truant deleted text beginmay be referred
to an area learning center
deleted text end. deleted text beginSuchdeleted text endnew text begin Thenew text end referral may be made only after consulting the principal,
area learning center director, student, and parent deleted text beginor guardiandeleted text end and only if, in the school
administrator's professional judgment, the referral is in the best educational interest of the
pupil. Nothing in this paragraph limits a pupil's eligibility to apply to enroll in other eligible
programs under section 124D.68.

Subd. 6.

Children under seven.

(a) Once a pupil under the age of seven is enrolled in
kindergarten or a higher grade in a public school, the pupil is subject to the compulsory
attendance provisions of this chapter deleted text beginand section 120A.34,deleted text end unless the board of the district
in which the pupil is enrolled has a policy that exempts children under seven from this
subdivision.

(b) In a district in which children under seven are subject to compulsory attendance
under this subdivision, paragraphs (c) to (e) apply.

(c) A parent or guardian may withdraw the pupil from enrollment in the school for good
cause by notifying the district. Good cause includes, but is not limited to, enrollment of the
pupil in another school, as defined in subdivision 4, or the immaturity of the child.

(d) When the pupil enrolls, the enrolling official must provide the parent or guardian
who enrolls the pupil with a written explanation of the provisions of this subdivision.

(e) A pupil under the age of seven who is withdrawn from enrollment in the public school
under paragraph (c) is no longer subject to the compulsory attendance provisions of this
chapter.

(f) In a district that deleted text beginhaddeleted text endnew text begin has annew text end adopted deleted text beginadeleted text end policy to exempt children under seven from
this subdivision, the district's chief attendance officer must deleted text beginkeepdeleted text end new text beginprovide new text endthe truancy
enforcement authorities deleted text beginsupplieddeleted text end with a new text begincurrent new text endcopy of the board's deleted text begincurrentdeleted text end policy certified
by the clerk of the board.

Subd. 7.

Education records.

(a) A district, a charter school, or a nonpublic school that
receives services or aid under sections 123B.40 to 123B.48 deleted text beginfrom which a student is
transferring
deleted text end must transmit the deleted text beginstudent'sdeleted text end educational recordsdeleted text begin, within ten business days of a
request,
deleted text endnew text begin of a student who is transferringnew text end to the new text beginenrolling new text enddistrict, deleted text beginthedeleted text end charter school, or deleted text beginthedeleted text end
nonpublic school deleted text beginin which the student is enrollingdeleted text endnew text begin within ten business days of receiving a
request to transmit the records
new text end. Districts, charter schools, and nonpublic schools that receive
services or aid under sections 123B.40 to 123B.48 must make reasonable efforts to determine
the district, the charter school, or the nonpublic school in which a transferring student is
next enrolling in order to comply with this subdivision.

(b) A closed charter school must transfer the student's educational records, within ten
business days of the school's closure, to the student's school district of residence where the
records must be retained unless the records are otherwise transferred under this subdivision.

(c) A school district, a charter school, or a nonpublic school that receives services or aid
under sections 123B.40 to 123B.48 new text beginand new text endthat transmits a student's educational records to
another school district or other educational entity, charter school, or nonpublic school to
which the student is transferring must include in the transmitted records information about
any formal suspension, expulsion, and exclusion disciplinary action under sections 121A.40
to 121A.56. The district, the charter school, or the nonpublic school that receives services
or aid under sections 123B.40 to 123B.48 must provide notice to a student and the student's
parent deleted text beginor guardiandeleted text end that formal disciplinary records will be transferred as part of the student's
educational record, in accordance with data practices under chapter 13 and the Family
Educational Rights and Privacy Act of 1974, United States Code, title 20, section 1232(g).

(d) Notwithstanding section 138.17, a principal or chief administrative officer must
remove from a student's educational record and destroy a probable cause notice received
under section 260B.171, subdivision 5, or paragraph (e), if one year has elapsed since the
date of the notice and the principal or chief administrative officer has not received a
disposition or court order related to the offense described in the notice. This paragraph does
not apply if the student no longer attends the school when this one-year period expires.

(e) A principal or chief administrative officer who receives a probable cause notice under
section 260B.171, subdivision 5, or a disposition or court order, must include a copy of that
data in the student's educational records if deleted text begintheydeleted text endnew text begin the recordsnew text end are transmitted to another school,
unless the data are required to be destroyed under paragraph (d) or section 121A.75.

Subd. 8.

Withdrawal from school.

deleted text beginAnydeleted text end new text beginA 17-year-old new text endstudent deleted text beginwho is 17 years old who
seeks to
deleted text end new text beginmay new text endwithdraw from schooldeleted text begin,deleted text endnew text begin after the studentnew text end and the student's parent deleted text beginor guardian
must
deleted text end:

(1) attend a meeting with school personnel to discuss the educational opportunities
available to the student, including alternative educational opportunities; and

(2) sign a written election to withdraw from school.

Subd. 9.

Knowledge and skills.

Instruction must be provided in at least the following
subject areas:

(1) basic communication skills including reading and writing, literature, and fine arts;

(2) mathematics and science;

(3) social studies including history, geography, economics, government, and citizenship;
and

(4) health and physical education.

Instruction, textbooks, and materials must be in the English language. Another language
may be used pursuant to sections 124D.59 to 124D.61.

Subd. 10.

Requirements for instructors.

A person who is providing instruction to a
child must meet at least one of the following requirements:

(1) hold a valid Minnesota teaching license in the field and for the grade level taught;

(2) be directly supervised by a person holding a valid Minnesota teaching license;

(3) successfully complete a teacher competency examination;

(4) provide instruction in a school that is accredited by an accrediting agency, recognized
according to section 123B.445, or recognized by the commissioner;

(5) hold a baccalaureate degree; or

(6) be the parent of a child who is assessed according to the procedures in subdivision
11.

Any person providing instruction in a public school must meet the requirements of clause
(1).

Subd. 11.

Assessment of performance.

(a) deleted text beginEachdeleted text endnew text begin A nationally norm-referenced
standardized achievement examination must be used each
new text end year new text beginto assess new text endthe performance
of every childnew text begin not enrolled in a public school (1)new text end ages seven through 16new text begin,new text end and deleted text beginevery childdeleted text endnew text begin (2)new text end
ages 16 through 17 deleted text beginfor whichdeleted text endnew text begin, ifnew text end an initial report deleted text beginwas filed pursuant todeleted text endnew text begin required undernew text end section
120A.24, subdivision 1, new text beginwas filed new text endafter the child deleted text beginisdeleted text endnew text begin reached agenew text end 16 deleted text beginand who is not enrolled
in a public school must be assessed using a nationally norm-referenced standardized
achievement examination
deleted text end. The superintendent of the district in which the child receives
instruction and the person in charge of the child's instruction must agree about the specific
examination to be used and the administration and location of the examination.

(b) To the extent the examination in paragraph (a) does not provide assessment in all of
the subject areas in subdivision 9, the parent must assess the child's performance in the
applicable subject area. This requirement applies only to a parent who provides instruction
and does not meet the requirements of subdivision 10, clause (1), (2), or (3).

(c) If the results of the assessments in paragraphs (a) and (b) indicate that the child's
performance on the total battery score is at or below the 30th percentile or one grade level
below the performance level for children of the same age, the parent must obtain additional
evaluation of the child's abilities and performance for the purpose of determining whether
the child has learning problems.

(d) A child receiving instruction from a nonpublic school, person, or institution that is
accredited by an accrediting agency, recognized according to section 123B.445, or recognized
by the commissioner, is exempt from the requirements of this subdivision.

Subd. 12.

Legitimate exemptions.

(a) A parentdeleted text begin, guardian, or other person having controldeleted text end
of a child may apply to a school district to have the child excused from attendance for the
whole or any part of the time school is in session during any school year. Application may
be made to any member of the board, a truant officer, a principal, or the superintendent.
The school district may state in its school attendance policy that it may ask the student's
parent deleted text beginor legal guardiandeleted text end to verify in writing the reason for the child's absence from school.
A note from a physician or a licensed mental health professional stating that the child cannot
attend school is a valid excuse. The board of the district in which the child resides may
approve the application upon the following being demonstrated to the satisfaction of that
board:

(1) that the child's physical or mental health is such as to prevent attendance at school
or application to study for the period required, which includes:

(i) child illness, medical, dental, orthodontic, or counseling appointments;

(ii) family emergencies;

(iii) the death or serious illness or funeral of an immediate family member;

(iv) active duty in any military branch of the United States;

(v) the child has a condition that requires ongoing treatment for a mental health diagnosis;
or

(vi) other exemptions included in the district's school attendance policy;

(2) that the child has already completed state and district standards required for graduation
from high school; or

(3) that it is the wish of the parentdeleted text begin, guardian, or other person having control of the child,deleted text end
that the child attend for a period or periods not exceeding in the aggregate three hours in
any week, a school for religious instruction conducted and maintained by some church, or
association of churches, or any Sunday school association incorporated under the laws of
this state, or any auxiliary thereof. This school for religious instruction must be conducted
and maintained in a place other than a public school building, and it must not, in whole or
in part, be conducted and maintained at public expense. However, a child may be absent
from school on such days as the child attends upon instruction according to the ordinances
of some church.

(b) Notwithstanding subdivision 6, paragraph (a), a parent may withdraw a child from
an all-day, every day kindergarten program and put their child in a half-day program, if
offered, or an alternate-day program without being truant. A school board must excuse a
kindergarten child from a part of a school day at the request of the child's parent.

Subd. 13.

Issuing and reporting excuses.

The clerk or any authorized officer of the
board must issue and keep a record of deleted text beginsuch excusesdeleted text endnew text begin excused absencesnew text end, under deleted text beginsuchdeleted text endnew text begin thenew text end rules
deleted text begin as the board may from time to time establishdeleted text endnew text begin established by the boardnew text end.

Sec. 3.

Minnesota Statutes 2018, section 120A.24, is amended to read:


120A.24 REPORTING.

Subdivision 1.

Reports to superintendent.

(a) The person or nonpublic school in charge
of providing instruction to a child must submit to the superintendent of the district in which
the child resides the name, birth date, and address of the child; the annual tests intended to
be used under section 120A.22, subdivision 11, if required; the name of each instructor;
and evidence of compliance with one of the requirements specified in section 120A.22,
subdivision 10
new text begin, at the following timesnew text end:

(1) by October 1 of the first school year the child receives instruction after reaching the
age of seven;

(2) within 15 days of when a parent withdraws a child from public school after age seven
to provide instruction in a nonpublic school that is not accredited by a state-recognized
accredited agency;

(3) within 15 days of moving out of a district; and

(4) by October 1 after a new resident district is established.

(b) The person or nonpublic school in charge of providing instruction to a child between
the ages of seven and 16new text begin,new text end and every child ages 16 through 17 for deleted text beginwhichdeleted text endnew text begin whomnew text end an initial
report was filed pursuant to this subdivision after the child deleted text beginisdeleted text endnew text begin turnednew text end 16new text begin years old,new text end must
submitdeleted text begin,deleted text end new text begina report to the superintendent of the child's resident district new text endby October 1 of each
school yeardeleted text begin,deleted text endnew text begin. The report must includenew text end a letter of intent to continue to provide instruction
under this section for all students under the person's or school's supervision and any changes
to the information required in paragraph (a) for each student.

(c) The superintendent may collect the required information under this section through
an electronic or web-based format, but must not require electronic submission of information
under this section from the person in charge of reporting under this subdivision.

Subd. 2.

Availability of documentation.

(a) The person or nonpublic school in charge
of providing instruction to a child must maintain documentation indicating that the subjects
required in section 120A.22, subdivision 9, are being taught and proof that the tests under
section 120A.22, subdivision 11, have been administered. This documentation must include
class schedules, copies of materials used for instruction, and descriptions of methods used
to assess student achievement.

(b) The parent of a child who enrolls full time in public school after having been enrolled
in a nonpublic school that is not accredited by a state-recognized accrediting agency must
provide the enrolling public school or school district with the child's scores on any tests
administered to the child under section 120A.22, subdivision 11, and other education-related
documents the enrolling school or district requires to determine where the child is placed
in school and what course requirements apply. This paragraph does not apply to a shared
time student who does not seek a public school diploma.

(c) The person or nonpublic school in charge of providing instruction to a child must
make the documentation in this subdivision available to the county attorney when a case is
commenced under section 120A.26, subdivision 5; chapter 260C; or when diverted under
chapter 260A.

Subd. 3.

Exemptions.

A nonpublic school, person, or other institution that is accredited
by an accrediting agency, recognized according to section 123B.445, or recognized by the
commissioner, is exempt from the requirements in subdivision 2.

Subd. 4.

Reports to the state.

A superintendent must make an annual report to the
commissioner of education by December 1 of the total number of deleted text beginnonpublicdeleted text end children reported
as residing in the districtnew text begin subject to compulsory instruction requirements and not enrolled
in a public school
new text end. The report must include the following information:

(1) the number of children residing in the district attending nonpublic schools or receiving
instruction from persons or institutions other than a public school;

(2) the number of children in clause (1) who are deleted text beginin compliancedeleted text endnew text begin receiving compulsory
instruction in accordance
new text end with section 120A.22 and deleted text beginthis sectiondeleted text endnew text begin the subject of a report
required under subdivision 1
new text end; and

(3) the number of children in clause (1) who the superintendent has determined are not
deleted text begin in compliancedeleted text endnew text begin receiving compulsory instruction in accordancenew text end with section 120A.22 and
deleted text begin this sectiondeleted text endnew text begin the subject of a report required under subdivision 1new text end.

Subd. 5.

Obligations.

Nothing in this section alleviates the obligations under section
120A.22.

Sec. 4.

Minnesota Statutes 2018, section 120A.34, is amended to read:


120A.34 VIOLATIONS; PENALTIES.

deleted text begin Any person who failsdeleted text endnew text begin It is a petty misdemeanor to (1) failnew text end or deleted text beginrefusesdeleted text endnew text begin refusenew text end to provide
for new text beginthe new text endinstruction of a child of whom the person has legal custody, and who is required by
section 120A.22, subdivision 5, to receive instruction, when notified deleted text beginso to dodeleted text end by a truant
officer or other official, deleted text beginor any person who inducesdeleted text endnew text begin (2) inducenew text end or deleted text beginattemptsdeleted text endnew text begin attemptnew text end to induce
deleted text begin anydeleted text endnew text begin anew text end child unlawfully to be absent from school, or deleted text beginwhodeleted text endnew text begin (3)new text end knowingly deleted text beginharborsdeleted text endnew text begin harbornew text end or
deleted text begin employs, while school is in session, anydeleted text endnew text begin employ anew text end child unlawfully absent from schooldeleted text begin,
shall be guilty of a petty misdemeanor
deleted text endnew text begin while school is in sessionnew text end. deleted text beginAny fines collected shall
be paid
deleted text endnew text begin A person convicted of violating this section must pay any required finesnew text end into the
county treasury for the benefit of the school district in which the offense is committed.

Sec. 5.

Minnesota Statutes 2018, section 120A.35, is amended to read:


120A.35 ABSENCE FROM SCHOOL FOR RELIGIOUS OBSERVANCE.

deleted text begin Reasonabledeleted text endnew text begin A school district must make reasonablenew text end efforts deleted text beginmust be made by a school
district
deleted text end to accommodate deleted text beginanydeleted text endnew text begin anew text end pupil who wishes to be excused from a curricular activity
for a religious observance.

Sec. 6.

Minnesota Statutes 2018, section 120A.40, is amended to read:


120A.40 SCHOOL CALENDAR.

(a) deleted text beginExcept for learning programs during summer, flexible learning year programs
authorized under sections 124D.12 to 124D.127, and learning year programs under section
124D.128,
deleted text end A district must not commence an elementary or secondary school year before
Labor Day, except as provided under paragraph (b). Days devoted to teachers' workshops
may be held before Labor Day. Districts that enter into cooperative agreements are
encouraged to adopt similar school calendars.

(b) A district may begin the school year on any day before Labor Day:

(1) to accommodate a construction or remodeling project of $400,000 or more affecting
a district school facility;

(2) if the district has an agreement under section 123A.30, 123A.32, or 123A.35 with a
district that qualifies under clause (1); deleted text beginor
deleted text end

(3) if the district agrees to the same schedule with a school district in an adjoining statedeleted text begin.deleted text endnew text begin;
or
new text end

new text begin (4) for learning programs during summer, flexible learning year programs authorized
under sections 124D.12 to 124D.127, and learning year programs under section 124D.128.
new text end

Sec. 7.

Minnesota Statutes 2018, section 121A.26, is amended to read:


121A.26 SCHOOL PREASSESSMENT TEAMS.

new text begin (a) new text endEvery public schooldeleted text begin,deleted text end and every nonpublic school that participates in a school district
chemical abuse program deleted text beginshalldeleted text endnew text begin mustnew text end establish a chemical abuse preassessment team. The
preassessment team must be composed of classroom teachers, administrators, and to the
extent they exist in each school, school nurse, school counselor or psychologist, social
worker, chemical abuse specialist, and other appropriate professional staff. The
superintendents or their designees deleted text beginshalldeleted text endnew text begin mustnew text end designate the team members in the public
schools. The preassessment team is responsible for addressing reports of chemical abuse
problems and making recommendations for appropriate responses to the individual reported
cases.

new text begin (b) new text endWithin 45 days after receiving an individual reported case, the preassessment team
deleted text begin shall make a determinationdeleted text endnew text begin must determinenew text end whether to provide the student and, in the case
of a minor, the student's parents with information about school and community services in
connection with chemical abuse. Data may be disclosed without consent in health and safety
emergencies pursuant to section 13.32 and applicable federal law and regulations.

new text begin (c) new text endNotwithstanding section 138.163,new text begin this section governs thenew text end destruction of records
identifying individual students deleted text beginshall be governed by this sectiondeleted text end. If the preassessment team
decides not to provide a student and, in the case of a minor, the student's parents with
information about school or community services in connection with chemical abuse, records
created or maintained by the preassessment team about the student deleted text beginshalldeleted text endnew text begin mustnew text end be destroyed
not later than six months after the determination is made. If the preassessment team decides
to provide a student and, in the case of a minor, the student's parents with information about
school or community services in connection with chemical abuse, records created or
maintained by the preassessment team about the student deleted text beginshalldeleted text endnew text begin mustnew text end be destroyed not later
than six months after the student is no longer enrolled in the district.

Sec. 8.

Minnesota Statutes 2018, section 122A.09, subdivision 7, is amended to read:


Subd. 7.

Professional Educator Licensing and Standards Board money.

All money
received by the Professional Educator Licensing and Standards Board shall be paid into the
state treasury as provided by law. The expenses of administering sections 120B.363, 122A.01,
122A.05 to 122A.09, 122A.15, 122A.16, 122A.17, 122A.18, 122A.181, 122A.182, 122A.183,
122A.184, 122A.185, 122A.187, 122A.188, 122A.20, 122A.21, 122A.22, 122A.23,
122A.2451, 122A.26, 122A.30, 122A.40, 122A.41, 122A.42, 122A.45, 122A.49, 122A.54,
122A.55, 122A.56, new text beginand new text end122A.57deleted text begin, and 122A.58deleted text end that are incurred by the Professional Educator
Licensing and Standards Board shall be paid for from appropriations made to the Professional
Educator Licensing and Standards Board.

Sec. 9.

Minnesota Statutes 2018, section 122A.33, subdivision 2, is amended to read:


Subd. 2.

Annual contract.

deleted text beginNotwithstanding section 122A.58,deleted text end A person employed as a
head varsity coach has an annual contract as a coach that the school board may or may not
renew as the board sees fit.

Sec. 10.

Minnesota Statutes 2018, section 123A.45, is amended to read:


123A.45 DETACHMENT AND ANNEXATION OF LAND.

Subdivision 1.

Detachment and annexation.

The owner of land deleted text beginwhichdeleted text endnew text begin thatnew text end adjoins any
independent district, and whose land is not in a special districtnew text begin,new text end may petition the county
board of the county in which the greater part of the area proposed for detachment and
annexation lies to detach all or any part of the land together with the intervening landsnew text begin,new text end as
deleted text begin defineddeleted text endnew text begin referencednew text end in deleted text beginparagraph (b)deleted text endnew text begin clause (1)new text end, from the district it now is in, and to attach
it, together with deleted text beginsuchdeleted text endnew text begin thenew text end intervening land, to the adjoining district. For purpose of this
section, land is adjoining a district if:

deleted text begin (a)deleted text endnew text begin (1)new text end the boundary of the area proposed for detachment and annexation is the same as
the district boundary to which attachment is sought at any point, including cornersdeleted text begin, ordeleted text endnew text begin;
new text end

deleted text begin (b)deleted text endnew text begin (2)new text end the area proposed for detachment and annexation isnew text begin notnew text end separated at any point
from the district deleted text beginto which annexation is soughtdeleted text end by deleted text beginnotdeleted text end more than one-half mile and the
intervening land is vacant and unoccupied or is owned by one or more of the following: the
United States, or the state of Minnesota or any of its political subdivisions, or an owner who
is unknown or cannot be foundnew text begin;new text end or

deleted text begin (c)deleted text endnew text begin (3)new text end the area proposed by a land owner for detachment and annexation is adjoining,
as deleted text begindefineddeleted text endnew text begin referencednew text end in deleted text beginparagraphs (a)deleted text endnew text begin clauses (1)new text end and deleted text begin(b)deleted text endnew text begin (2)new text end, any land proposed for
detachment from and annexation to the same district in another pending petition.

Subd. 2.

Petition.

The petition must contain:

deleted text begin (a)deleted text endnew text begin (1)new text end a correct description of the area proposed for detachment and annexation, including
supporting data regarding location and title to land to establish that the land is adjoining a
districtdeleted text begin.deleted text endnew text begin;
new text end

deleted text begin (b)deleted text endnew text begin (2)new text end the reasons for the proposed change with facts showing that the granting of the
petition will not reduce the size of any district to less than four sections, unless the district
is not operating a school within the districtdeleted text begin.deleted text endnew text begin;
new text end

deleted text begin (c)deleted text endnew text begin (3)new text end consent to the petition, if, at the time of the filing of the petition, any part of the
area proposed for detachment is part of a district which maintains and operates a secondary
school within the district. Before the hearing, the consent of the board of the district in
which the area proposed for detachment lies must be endorsed on the petitiondeleted text begin.deleted text endnew text begin;
new text end

deleted text begin (d)deleted text endnew text begin (4)new text end an identification of the district to which annexation is soughtdeleted text begin.deleted text endnew text begin;
new text end

deleted text begin (e)deleted text endnew text begin (5)new text end other information the petitioners may desire to affixdeleted text begin.deleted text endnew text begin;
new text end

deleted text begin (f)deleted text endnew text begin (6)new text end an acknowledgment by the petitionerdeleted text begin.deleted text endnew text begin; and
new text end

deleted text begin (g)deleted text endnew text begin (7)new text end a description of whether bonded indebtedness will be allocated according to
subdivision 6, paragraph (b) or (c).

Subd. 3.

Filing petition.

The petition must be filed with the auditor who deleted text beginshalldeleted text endnew text begin mustnew text end
present it to the county board at its next meeting. At the meeting, the county board must fix
a time and place for hearing the petition. The hearing deleted text beginshalldeleted text endnew text begin mustnew text end be not more than 60 nor
less than ten days from the date of the meeting. The auditor deleted text beginshalldeleted text endnew text begin mustnew text end serve notice of the
hearing on each district directly affected by the petition, by mail addressed to the clerk. If
any area affected by the petition is in another county, the auditor deleted text beginshalldeleted text endnew text begin mustnew text end mail a notice
of hearing to the auditor of such county and deleted text beginshalldeleted text endnew text begin mustnew text end also give one week's published notice
of the hearing in the county in which the hearing is to be held, and ten days' posted notice
in each school district affected. deleted text beginSuchdeleted text endnew text begin Thenew text end posted and published notice may combine pending
petitions. At the hearing on the petition, the county board must receive and hear any evidence
for or against the petition. The hearing may be adjourned from time to time.

Subd. 4.

Order.

new text begin(a) new text endWithin six months of the filing of the petition, the county board
must issue its order either granting or denying the petition. new text beginThe order may have a deferred
effective date not later than July 1 immediately following its issuance. If the petition is
granted, the auditor must transmit a certified copy to the commissioner. Failure to issue an
order within six months of the filing of the petition or termination of proceedings upon an
approved consolidation plat, whichever is later, is a denial of the petition.
new text end

new text begin (b) new text endIf any of the land area described in the petition is included in a plat for consolidation
or combination deleted text beginwhichdeleted text endnew text begin thatnew text end has been approved by the commissioner, then no order may be
issued while consolidation or combination proceedings are pending. deleted text beginNo order shall be issued
which
deleted text end

new text begin (c) A county board must not issue an order that:
new text end

new text begin (1)new text end results in attaching to a district any territory not adjoining that district, as deleted text begindefineddeleted text endnew text begin
referenced
new text end in subdivision 1, deleted text beginparagraph (a). No order shall be issued whichdeleted text endnew text begin clause (1); or
new text end

new text begin (2)new text end reduces the size of any district to less than four sections unless the district is not
operating a school within the district. deleted text beginThe order may have a deferred effective date not later
than July 1 immediately following its issuance. If the petition is granted, the auditor shall
transmit a certified copy to the commissioner. Failure to issue an order within six months
of the filing of the petition or termination of proceedings upon an approved consolidation
plat, whichever is later, is a denial of the petition.
deleted text end

Subd. 5.

Modification of records.

Upon receipt of the order, the commissioner deleted text beginshalldeleted text endnew text begin
must
new text end modify the records and any plats and petitions and proceedings involving districts
affected by deleted text beginsuchdeleted text endnew text begin thenew text end order presently before the commissioner for action or record, to conform
to the order.

Subd. 6.

Taxable property.

(a) deleted text beginUpon the effective date of the order,deleted text end The detachment
and annexation is deleted text begineffecteddeleted text endnew text begin effective on the date of the ordernew text end. The bonded indebtedness must
be assigned to the detached and annexed land under either paragraph (b) or (c).

(b) Unless specified separately under paragraph (c), all taxable property in the area so
detached and annexed remains taxable for payment of any school purpose obligations already
authorized by or outstanding on the effective date of the order against the district from which
detached. The order does not relieve such property from the obligation of any bonded debt
already incurred to which it was subject prior to the order. All taxable property in the area
so detached and annexed is taxable for payment of any district obligations authorized on or
subsequent to the effective date of the order by the district to which annexation is made.

(c) Alternatively, if the school board of the district in which the area is proposed for
detachment and the school board of the district in which the area is proposed for annexation
agree, all taxable property in the area detached and annexed deleted text beginshall bedeleted text endnew text begin isnew text end taxable by the school
district to which the property is annexed. Detached and annexed property is relieved from
the obligation of any bonded debt already incurred by the district in which the area is
detached and is obligated for any bonded debt already incurred by the district to which the
area is annexed.

Sec. 11.

Minnesota Statutes 2018, section 124D.4531, is amended to read:


124D.4531 CAREER AND TECHNICAL REVENUE.

Subdivision 1.

Career and technical revenue.

(a) A district with a career and technical
program approved under this section for the fiscal year in which the levy is certified is
eligible for career and technical revenue equal to 35 percent of approved expenditures in
the fiscal year in which the levy is certified for the following:

(1) salaries paid to essential, licensed personnel providing direct instructional services
to students in that fiscal year, including extended contracts, for services rendered in the
district's approved career and technical education programs, excluding salaries reimbursed
by another school district under clause (2);

(2) amounts paid to another Minnesota school district for salaries of essential, licensed
personnel providing direct instructional services to students in that fiscal year for services
rendered in the district's approved career and technical education programs;

(3) contracted services provided by a public or private agency other than a Minnesota
school district or cooperative center under chapter 123A or 136D;

(4) necessary travel between instructional sites by licensed career and technical education
personnel;

(5) necessary travel by licensed career and technical education personnel for vocational
student organization activities held within the state for instructional purposes;

(6) curriculum development activities that are part of a five-year plan for improvement
based on program assessment;

(7) necessary travel by licensed career and technical education personnel for noncollegiate
credit-bearing professional development; and

(8) specialized vocational instructional supplies.

(b) The district must recognize the full amount of this levy as revenue for the fiscal year
in which it is certified.

deleted text begin (c) The amount of the revenue calculated under this subdivision may not exceed
$17,850,000 for taxes payable in 2012, $15,520,000 for taxes payable in 2013, and
$20,657,000 for taxes payable in 2014.
deleted text end

deleted text begin (d) If the estimated revenue exceeds the amount in paragraph (c), the commissioner must
reduce the percentage in paragraph (a) until the estimated revenue no longer exceeds the
limit in paragraph (c).
deleted text end

Subd. 1a.

Career and technical levy.

deleted text begin (a) For fiscal year 2014 only, a district may levy
an amount not more than the product of its career and technical revenue times the lesser of
one or the ratio of its adjusted net tax capacity per adjusted pupil unit in the fiscal year in
which the levy is certified to the career and technical revenue equalizing factor. The career
and technical revenue equalizing factor for fiscal year 2014 equals $7,612.
deleted text end

deleted text begin (b) For fiscal year 2015 and later,deleted text end A district may levy an amount not more than the
product of its career and technical revenue times the lesser of one or the ratio of its adjusted
net tax capacity per adjusted pupil unit in the fiscal year in which the levy is certified to the
career and technical revenue equalizing factor. The career and technical revenue equalizing
factor deleted text beginfor fiscal year 2015 and laterdeleted text end equals $7,612.

Subd. 1b.

Career and technical aid.

deleted text beginFor fiscal year 2014 and later,deleted text end A district's career
and technical aid equals its career and technical revenue less its career and technical levy.
If the district levy is less than the permitted levy, the district's career and technical aid deleted text beginshall
be
deleted text endnew text begin isnew text end reduced proportionately.

Subd. 2.

Allocation from cooperative centers and intermediate districts.

For purposes
of this section, a cooperative center or an intermediate district must allocate its approved
expenditures for career and technical education programs among participating districts.

Subd. 3.

Revenue guarantee.

Notwithstanding subdivision 1, paragraph (a), the career
and technical education revenue for a district is not less than the lesser of:

(1) the district's career and technical education revenue for the previous fiscal year; or

(2) 100 percent of the approved expenditures for career and technical programs included
in subdivision 1, paragraph (a), for the fiscal year in which the levy is certified.

Subd. 3a.

Revenue adjustments.

deleted text beginNotwithstanding subdivisions 1, 1a, and 3, for taxes
payable in 2012 to 2014 only, the department must calculate the career and technical revenue
for each district according to Minnesota Statutes 2010, section 124D.4531, and adjust the
revenue for each district proportionately to meet the statewide revenue target under
subdivision 1, paragraph (c).
deleted text end For purposes of calculating the revenue guarantee under
subdivision 3, the career and technical education revenue for the previous fiscal year is the
revenue according to Minnesota Statutes 2010, section 124D.4531, before adjustments to
meet the statewide revenue target.

Subd. 4.

District reports.

Each district or cooperative center must report data to the
department for all career and technical education programs as required by the department
to implement the career and technical revenue formula.

Subd. 5.

Allocation from districts participating in agreements for secondary
education or interdistrict cooperation.

For purposes of this section, a district with a career
and technical program approved under this section that participates in an agreement under
section 123A.30 or 123A.32 must allocate its revenue authority under this section among
participating districts.

Sec. 12.

Minnesota Statutes 2018, section 126C.21, subdivision 3, is amended to read:


Subd. 3.

County apportionment deduction.

Each year the amount of money apportioned
to a district for that year pursuant to deleted text beginsectionsdeleted text endnew text begin sectionnew text end 127A.34, subdivision 2, deleted text beginand 272.029,
subdivision 6
,
deleted text end must be deducted from the general education aid earned by that district for
the same year or from aid earned from other state sources.

Sec. 13. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, sections 120B.299, subdivision 5; 121A.70; 122A.58;
122A.695; and 126C.41, subdivision 4,
new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 19-0461

120B.299 DEFINITIONS.

Subd. 5.

Adequate yearly progress.

A school or district makes "adequate yearly progress" if, for every student subgroup under the federal 2001 No Child Left Behind Act in the school or district, its proficiency index or other approved adjustments for performance, based on statewide assessment scores, meets or exceeds federal expectations. To make adequate yearly progress, the school or district also must satisfy applicable federal requirements related to student attendance, graduation, and test participation rates.

121A.70 SECRET FRATERNITIES AND SOCIETIES.

Subdivision 1.

Membership regulated.

It is unlawful for any pupil, registered and attending any public school to join, become a member of, or to solicit any other pupil of any public school to join, or become a member of, any secret fraternity or society wholly or partially formed from the membership of pupils attending any public schools or to take part in the organization or formation of any fraternity or society, except societies or associations sanctioned by the district school board.

Subd. 2.

Penalties.

A school board may suspend or dismiss any pupil from school, or prevent the pupil from graduating or participating in school honors when, after investigation, in the judgment of the board or a majority of its membership, the pupil is guilty of violating any of the provisions of this section or is guilty of violating any rule or regulation adopted by the board for the purpose of governing its schools, or enforcing this section.

Subd. 3.

"Rushing" or soliciting forbidden.

It is a misdemeanor for any person, not a pupil of the schools, to be upon school grounds, or to enter any school building, for the purpose of "rushing" or soliciting any pupil of the schools to join any fraternity, society, or association organized outside of the schools. The district court has jurisdiction of offenses committed under this subdivision. All persons found guilty shall be fined not less than $2, nor more than $10, to be paid to the county treasurer or, upon failure to pay the fine, to be imprisoned for not more than ten days.

122A.58 COACHES, TERMINATION OF DUTIES.

Subdivision 1.

Termination; hearing.

Before a district terminates the coaching duties of an employee who is required to hold a license as an athletic coach from the commissioner of education, the district must notify the employee in writing and state its reason for the proposed termination. Within 14 days of receiving this notification, the employee may request in writing a hearing on the termination before the board. If a hearing is requested, the board must hold a hearing within 25 days according to the hearing procedures specified in section 122A.40, subdivision 14, and the termination is final upon the order of the board after the hearing.

Subd. 2.

Final decision.

Within ten days after the hearing, the board must issue a written decision regarding the termination. If the board decides to terminate the employee's coaching duties, the decision must state the reason on which it is based and include findings of fact based upon competent evidence in the record. The board may terminate the employee's duties or not, as it sees fit, for any reason which is found to be true based on substantial and competent evidence in the record.

Subd. 3.

Nonapplication of section.

This section shall not apply to the termination of coaching duties pursuant to a district transfer policy or as a result of the nonrenewal or termination of the employee's contract or the employee's discharge, demotion or suspension pursuant to section 122A.40 or 122A.41. This section shall not apply to the termination of an employee's coaching duties before completing the probationary period of employment.

122A.695 BEST PRACTICES.

"Best practices" means research-based proven practices.

126C.41 BENEFITS LEVIES.

Subd. 4.

Minneapolis health insurance subsidy.

Each year Special School District No. 1, Minneapolis, may make an additional levy not to exceed the amount raised by a net tax rate of .10 percent times the adjusted net tax capacity for taxes payable in 1991 and thereafter of the property in the district for the preceding year. The proceeds may be used only to subsidize health insurance costs for eligible teachers as provided in this section.

"Eligible teacher" means a retired teacher who is a retired member of the Teachers Retirement Association, who was a basic member of the former Minneapolis Teachers Retirement Fund Association, who retired before May 1, 1974, or who had 20 or more years of basic member service in the former Minneapolis Teachers Retirement Fund Association and retired before June 30, 1983, and who is not eligible to receive the hospital insurance benefits of the federal Medicare program of the Social Security Act without payment of a monthly premium. The district must notify eligible teachers that a subsidy is available. To obtain a subsidy, an eligible teacher must submit to the school district a copy of receipts for health insurance premiums paid. The district must disburse the health insurance premium subsidy to each eligible teacher according to a schedule determined by the district, but at least annually. An eligible teacher may receive a subsidy up to an amount equal to the lesser of 90 percent of the cost of the eligible teacher's health insurance or up to 90 percent of the cost of the number two qualified plan of health coverage for individual policies made available by the Minnesota comprehensive health association under chapter 62E.

If funds remaining from the previous year's health insurance subsidy levy, minus the previous year's required subsidy amount, are sufficient to pay the estimated current year subsidy, the levy must be discontinued until the remaining funds are estimated by the school board to be insufficient to pay the subsidy.

This subdivision does not extend benefits to teachers who retire after June 30, 1983, and does not create a contractual right or claim for altering the benefits in this subdivision. This subdivision does not restrict the district's right to modify or terminate coverage under this subdivision.