1.1 A bill for an act
1.2 relating to education; providing for kindergarten
1.3 through grade 12 education including general education
1.4 revenue; education excellence; special programs;
1.5 facilities and technology; nutrition, school
1.6 accounting, and other programs; agency provisions;
1.7 deficiencies; local achievement testing; and technical
1.8 amendments; appropriating money; amending Minnesota
1.9 Statutes 2000, sections 16B.616, subdivision 4;
1.10 120A.05, by adding a subdivision; 120B.02; 120B.031,
1.11 subdivision 11; 120B.13, subdivision 1; 120B.30,
1.12 subdivision 1; 120B.31, subdivision 3; 120B.35;
1.13 121A.11, by adding subdivisions; 121A.41, subdivision
1.14 10; 121A.45, subdivision 2, by adding a subdivision;
1.15 121A.582; 121A.61, subdivision 2; 122A.06, by adding a
1.16 subdivision; 122A.09, subdivision 4; 122A.162;
1.17 122A.163; 122A.18, subdivisions 1, 2, 2a, 4, by adding
1.18 subdivisions; 122A.20, subdivision 2; 122A.21;
1.19 122A.26, subdivision 3; 122A.31; 122A.61, subdivision
1.20 1; 123B.03, subdivision 3; 123B.143, subdivision 1;
1.21 123B.42, subdivision 3; 123B.44, subdivision 6;
1.22 123B.53, subdivisions 1, 2, 4, 5; 123B.54; 123B.57,
1.23 subdivisions 3, 6, 8; 123B.71, subdivisions 1, 4, 8,
1.24 9; 123B.75, subdivision 5, by adding subdivisions;
1.25 123B.80, subdivision 1; 123B.92, by adding
1.26 subdivisions; 124D.10, subdivisions 1, 3, 4, 6, 8, 10,
1.27 14, 15, 19, 23, 25, by adding subdivisions; 124D.11,
1.28 subdivisions 4, 5, 9; 124D.128, subdivisions 1, 2, 3,
1.29 6; 124D.454, subdivision 11; 124D.65, subdivision 5;
1.30 124D.69, subdivision 1; 124D.74, subdivisions 1, 2, 3,
1.31 4, 6; 124D.75, subdivision 6; 124D.76; 124D.78,
1.32 subdivision 1; 124D.81, subdivisions 1, 3, 5, 6, 7;
1.33 124D.86, subdivisions 3, 6; 125A.023, subdivision 4;
1.34 125A.08; 125A.09, subdivision 3; 125A.11, subdivision
1.35 3; 125A.17; 125A.27, subdivision 15; 125A.76,
1.36 subdivisions 1, 2; 126C.05, subdivisions 1, 3, 5, 6,
1.37 15; 126C.10, subdivisions 1, 2, 3, 9, 20, 21, 22, 24,
1.38 25, 27, by adding a subdivision; 126C.12, subdivisions
1.39 2, 3, 4, 5, by adding a subdivision; 126C.13,
1.40 subdivision 1; 126C.15, subdivisions 1, 2, 5; 126C.16,
1.41 by adding a subdivision; 126C.17, subdivisions 1, 2,
1.42 5, 6, 9, 10, 11; 126C.23, subdivision 5; 126C.41,
1.43 subdivision 3; 126C.43, subdivision 3; 126C.63,
1.44 subdivision 8; 126C.69, subdivisions 2, 3, 9, 12, 15;
1.45 127A.05, subdivision 1; 127A.41, subdivisions 5, 8, 9;
1.46 127A.45, subdivision 12, by adding a subdivision;
2.1 127A.50, subdivision 2; 136D.281, subdivision 4;
2.2 136D.741, subdivision 4; 136D.88, subdivision 4;
2.3 179A.20, by adding a subdivision; 214.01, subdivision
2.4 3; 214.04, subdivisions 1, 3; 214.12, subdivision 1;
2.5 260A.01; 260C.163, subdivision 11; 475.53, subdivision
2.6 4; 475.61, subdivision 3; 626.556, subdivision 2; Laws
2.7 1992, chapter 499, article 7, section 31, as amended;
2.8 Laws 2000, chapter 489, article 2, sections 34, 36,
2.9 37, subdivision 3, 39, subdivision 2; Laws 2000,
2.10 chapter 489, article 3, sections 24, 25, subdivision
2.11 5; Laws 2000, chapter 489, article 5, section 21; Laws
2.12 2000, chapter 489, article 7, section 15, subdivision
2.13 3; proposing coding for new law in Minnesota Statutes,
2.14 chapters 120B; 122A; 123B; 124D; 127A; repealing
2.15 Minnesota Statutes 2000, sections 120B.031; 120B.31,
2.16 subdivisions 1, 2, 4; 123B.05; 123B.71, subdivisions
2.17 3, 10; 124D.07; 124D.1155; 124D.128, subdivision 7;
2.18 124D.32; 124D.85; 126C.01, subdivision 10; 126C.10,
2.19 subdivisions 3, 12, 23, 28; 126C.16, subdivision 2;
2.20 126C.17, subdivision 12; 126C.18; 126C.22; 126C.30;
2.21 126C.31; 126C.32; 126C.33; 126C.34; 126C.35; 126C.36;
2.22 126C.42, subdivisions 2, 3; 126C.47; 127A.44;
2.23 135A.081; 136D.281, subdivision 8; 136D.741,
2.24 subdivision 8; 136D.88, subdivision 8; 136D.94; Laws
2.25 2000, chapter 254, section 30; Laws 2000, chapter 489,
2.26 article 1, section 18; Minnesota Rules, parts
2.27 3501.0300; 3501.0310; 3501.0320; 3501.0330; 3501.0340;
2.28 3501.0350; 3501.0370; 3501.0380; 3501.0390; 3501.0400;
2.29 3501.0410; 3501.0420; 3501.0430; 3501.0440; 3501.0441;
2.30 3501.0442; 3501.0443; 3501.0444; 3501.0445; 3501.0446;
2.31 3501.0447; 3501.0448; 3501.0449; 3501.0450; 3501.0460;
2.32 3501.0461; 3501.0462; 3501.0463; 3501.0464; 3501.0465;
2.33 3501.0466; 3501.0467; 3501.0468; 3501.0469.
2.34 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
2.35 ARTICLE 1
2.36 GENERAL EDUCATION REVENUE
2.37 Section 1. Minnesota Statutes 2000, section 123B.143,
2.38 subdivision 1, is amended to read:
2.39 Subdivision 1. [CONTRACT; DUTIES.] All districts
2.40 maintaining a classified secondary school must employ a
2.41 superintendent who shall be an ex officio nonvoting member of
2.42 the school board. The authority for selection and employment of
2.43 a superintendent must be vested in the board in all cases. An
2.44 individual employed by a board as a superintendent shall have an
2.45 initial employment contract for a period of time no longer than
2.46 three years from the date of employment. Any subsequent
2.47 employment contract must not exceed a period of three years. A
2.48 board, at its discretion, may or may not renew an employment
2.49 contract. A board must not, by action or inaction, extend the
2.50 duration of an existing employment contract. Beginning 365 days
2.51 prior to the expiration date of an existing employment contract,
2.52 a board may negotiate and enter into a subsequent employment
3.1 contract to take effect upon the expiration of the existing
3.2 contract. A subsequent contract must be contingent upon the
3.3 employee completing the terms of an existing contract. If a
3.4 contract between a board and a superintendent is terminated
3.5 prior to the date specified in the contract, the board may not
3.6 enter into another superintendent contract with that same
3.7 individual that has a term that extends beyond the date
3.8 specified in the terminated contract. A board may terminate a
3.9 superintendent during the term of an employment contract for any
3.10 of the grounds specified in section 122A.40, subdivision 9 or 13.
3.11 A superintendent shall not rely upon an employment contract with
3.12 a board to assert any other continuing contract rights in the
3.13 position of superintendent under section 122A.40.
3.14 Notwithstanding the provisions of sections 122A.40, subdivision
3.15 10 or 11, 123A.32, 123A.75, or any other law to the contrary, no
3.16 individual shall have a right to employment as a superintendent
3.17 based on order of employment in any district. If two or more
3.18 districts enter into an agreement for the purchase or sharing of
3.19 the services of a superintendent, the contracting districts have
3.20 the absolute right to select one of the individuals employed to
3.21 serve as superintendent in one of the contracting districts and
3.22 no individual has a right to employment as the superintendent to
3.23 provide all or part of the services based on order of employment
3.24 in a contracting district. The superintendent of a district
3.25 shall perform the following:
3.26 (1) visit and supervise the schools in the district, report
3.27 and make recommendations about their condition when advisable or
3.28 on request by the board;
3.29 (2) recommend to the board employment and dismissal of
3.30 teachers;
3.31 (3) superintend school grading practices and examinations
3.32 for promotions;
3.33 (4) make reports required by the commissioner;
3.34 (5) by January 10, submit an annual report to the
3.35 commissioner in a manner prescribed by the commissioner, in
3.36 consultation with school districts, identifying the expenditures
4.1 that the district requires to ensure an 80 percent and a 90
4.2 percent student passage rate on the basic standards test taken
4.3 in the eighth grade, identifying the amount of expenditures that
4.4 the district requires to ensure a 99 percent student passage
4.5 rate on the basic standards test by 12th grade, and to identify
4.6 how much the district is cross-subsidizing programs with special
4.7 education, basic skills, and general education revenue; and
4.8 (6) perform other duties prescribed by the board.
4.9 Sec. 2. Minnesota Statutes 2000, section 123B.42,
4.10 subdivision 3, is amended to read:
4.11 Subd. 3. [COST; LIMITATION.] (a) The cost per pupil of the
4.12 textbooks, individualized instructional or cooperative learning
4.13 materials, and standardized tests provided for in this section
4.14 for each school year must not exceed the statewide average
4.15 expenditure per pupil, adjusted pursuant to clause (b), by the
4.16 Minnesota public elementary and secondary schools for textbooks,
4.17 individualized instructional materials and standardized tests as
4.18 computed and established by the department by March February 1
4.19 of the preceding school year from the most recent public school
4.20 year data then available.
4.21 (b) The cost computed in clause (a) shall be increased by
4.22 an inflation adjustment equal to the percent of increase in the
4.23 formula allowance, pursuant to section 126C.10, subdivision 2,
4.24 from the second preceding school year to the current school year.
4.25 (c) The commissioner shall allot to the districts or
4.26 intermediary service areas the total cost for each school year
4.27 of providing or loaning the textbooks, individualized
4.28 instructional or cooperative learning materials, and
4.29 standardized tests for the pupils in each nonpublic school. The
4.30 allotment shall not exceed the product of the statewide average
4.31 expenditure per pupil, according to clause (a), adjusted
4.32 pursuant to clause (b), multiplied by the number of nonpublic
4.33 school pupils who make requests pursuant to this section and who
4.34 are enrolled as of September 15 of the current school year.
4.35 Sec. 3. Minnesota Statutes 2000, section 123B.44,
4.36 subdivision 6, is amended to read:
5.1 Subd. 6. [COMPUTATION OF MAXIMUM ALLOTMENTS.] For purposes
5.2 of computing maximum allotments for each school year pursuant to
5.3 this section, the average public school expenditure per pupil
5.4 for health services and the average public school expenditure
5.5 per secondary pupil for guidance and counseling services shall
5.6 be computed and established by the department by March February
5.7 1 of the preceding school year from the most recent public
5.8 school year data then available.
5.9 Sec. 4. Minnesota Statutes 2000, section 123B.75,
5.10 subdivision 5, is amended to read:
5.11 Subd. 5. [LEVY RECOGNITION.] (a) "School district tax
5.12 settlement revenue" means the current, delinquent, and
5.13 manufactured home property tax receipts collected by the county
5.14 and distributed to the school district.
5.15 (b) In June of each year 2001, the school district must
5.16 recognize as revenue, in the fund for which the levy was made,
5.17 the lesser of:
5.18 (1) the sum of May, June, and July school district tax
5.19 settlement revenue received in that calendar year plus general
5.20 education aid according to section 126C.13, subdivision 4,
5.21 received in July and August of that calendar year; or
5.22 (2) the sum of:
5.23 (i) 31 percent of the referendum levy certified in the
5.24 prior calendar year according to section 126C.17, subdivision 9;
5.25 plus
5.26 (ii) the entire amount of the levy certified in the prior
5.27 calendar year according to sections 124D.86, subdivision 4, for
5.28 school districts receiving revenue under 124D.86, subdivision 3,
5.29 clauses (1), (2), and (3); 126C.41, subdivisions 1, 2, and 3,
5.30 paragraphs (4), (5), and (6); 126C.43, subdivision 2; and
5.31 126C.48, subdivision 6.
5.32 (c) For fiscal year 2002 and later years, in June of each
5.33 year, the school district must recognize as revenue, in the fund
5.34 for which the levy was made, the lesser of:
5.35 (1) the sum of May, June, and July school district tax
5.36 settlement revenue received in that calendar year, plus general
6.1 education aid according to section 126C.13, subdivision 4,
6.2 received in July and August of that calendar year; or
6.3 (2) the sum of:
6.4 (i) the lesser of 50 percent of the referendum levy
6.5 certified in the prior calendar year according to section
6.6 126C.17, subdivision 9; or 31 percent of the referendum levy
6.7 certified according to section 126C.17, in calendar year 2000;
6.8 plus
6.9 (ii) the entire amount of the levy certified in the prior
6.10 calendar year according to section 124D.86, subdivision 4, for
6.11 school districts receiving revenue under sections 124D.86,
6.12 subdivision 3, clauses (1), (2), and (3); 126C.41, subdivisions
6.13 1, 2, and 3, paragraphs (4), (5), and (6); 126C.43, subdivision
6.14 2; and 126C.48, subdivision 6.
6.15 [EFFECTIVE DATE.] This section is effective June 30, 2001.
6.16 Sec. 5. Minnesota Statutes 2000, section 123B.75, is
6.17 amended by adding a subdivision to read:
6.18 Subd. 6b. [GENERAL EDUCATION AID.] If the amount to be
6.19 recognized as revenue under subdivision 5 exceeds the May, June,
6.20 and July school district tax settlement revenue received in that
6.21 calendar year, the district must recognize an amount of general
6.22 education aid equal to the difference between the total amount
6.23 to be recognized as revenue under subdivision 5, and the May,
6.24 June, and July school district tax settlement revenue received
6.25 in that calendar year as revenue in the previous fiscal year.
6.26 [EFFECTIVE DATE.] This section is effective June 30, 2001.
6.27 Sec. 6. Minnesota Statutes 2000, section 123B.92, is
6.28 amended by adding a subdivision to read:
6.29 Subd. 11. [TRANSPORTATION RESERVE.] Each school district
6.30 must establish a reserve for pupil transportation and must
6.31 reserve an amount not less than the amount expended on pupil
6.32 transportation in the prior year. The transportation reserve
6.33 must include regular transportation, between schools
6.34 transportation, integration, sparsity, nonpublic, and special
6.35 needs transportation. This revenue may only be spent for
6.36 transportation purposes. The board may adopt a written
7.1 resolution unreserving any specified portion of the general
7.2 education basic revenue otherwise reserved for transportation
7.3 purposes.
7.4 Sec. 7. Minnesota Statutes 2000, section 123B.92, is
7.5 amended by adding a subdivision to read:
7.6 Subd. 12. [BUS PURCHASE RESERVE.] Each school district
7.7 must reserve from the transportation reserve under subdivision
7.8 11 an amount equal to seven percent of the 15-year depreciation
7.9 schedule of the district's owned or contracted school bus fleet,
7.10 including specially equipped wheelchair lift school buses. Each
7.11 school district must use this reserve for school bus purchases
7.12 or other transportation purposes.
7.13 Sec. 8. Minnesota Statutes 2000, section 124D.69,
7.14 subdivision 1, is amended to read:
7.15 Subdivision 1. [AID.] If a pupil enrolls in an alternative
7.16 program, eligible under section 124D.68, subdivision 3,
7.17 paragraph (d), or subdivision 4, operated by a private
7.18 organization that has contracted with a school district to
7.19 provide educational services for eligible pupils under section
7.20 124D.68, subdivision 2, the district contracting with the
7.21 private organization must reimburse the provider an amount equal
7.22 to at least 90 95 percent of the district's average general
7.23 education less basic skills revenue per pupil unit times the
7.24 number of pupil units for pupils attending the program. Basic
7.25 skills revenue shall be paid according to section 126C.10,
7.26 subdivision 4. Compensatory revenue must be allocated according
7.27 to section 126C.15, subdivision 2. For a pupil attending the
7.28 program part time, the revenue paid to the program must be
7.29 reduced proportionately, according to the amount of time the
7.30 pupil attends the program, and revenue paid to the district
7.31 shall be reduced accordingly. Pupils for whom a district
7.32 provides reimbursement may not be counted by the district for
7.33 any purpose other than computation of general education
7.34 revenue. If payment is made to a district or program for a
7.35 pupil under this section, the department must not make a payment
7.36 for the same pupil under section 124D.68, subdivision 9.
8.1 [EFFECTIVE DATE.] This section is effective for revenue for
8.2 fiscal years 2002 and later.
8.3 Sec. 9. Minnesota Statutes 2000, section 126C.05,
8.4 subdivision 1, is amended to read:
8.5 Subdivision 1. [PUPIL UNIT.] Pupil units for each
8.6 Minnesota resident pupil in average daily membership enrolled in
8.7 the district of residence, in another district under sections
8.8 123A.05 to 123A.08, 124D.03, 124D.06, 124D.07, 124D.08, or
8.9 124D.68; in a charter school under section 124D.10; or for whom
8.10 the resident district pays tuition under section 123A.18,
8.11 123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88,
8.12 subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or
8.13 125A.65, shall be counted according to this subdivision.
8.14 (a) A prekindergarten pupil with a disability who is
8.15 enrolled in a program approved by the commissioner and has an
8.16 individual education plan is counted as the ratio of the number
8.17 of hours of assessment and education service to 825 times 1.25
8.18 with a minimum average daily membership of 0.28, but not more
8.19 than 1.25 pupil units.
8.20 (b) A prekindergarten pupil who is assessed but determined
8.21 not to be handicapped is counted as the ratio of the number of
8.22 hours of assessment service to 825 times 1.25.
8.23 (c) A kindergarten pupil with a disability who is enrolled
8.24 in a program approved by the commissioner is counted as the
8.25 ratio of the number of hours of assessment and education
8.26 services required in the fiscal year by the pupil's individual
8.27 education program plan to 875, but not more than one.
8.28 (d) A kindergarten pupil who is not included in paragraph
8.29 (c) is counted as .557 of a pupil unit for fiscal year 2000 and
8.30 thereafter.
8.31 (e) A pupil who is in any of grades 1 to 3 is counted as
8.32 1.115 pupil units for fiscal year 2000 and thereafter.
8.33 (f) A pupil who is any of grades 4 to 6 is counted as 1.06
8.34 pupil units for fiscal year 1995 and thereafter.
8.35 (g) A pupil who is in any of grades 7 to 12 is counted as
8.36 1.3 pupil units.
9.1 (h) A pupil who is in the post-secondary enrollment options
9.2 program is counted as 1.3 pupil units.
9.3 Sec. 10. Minnesota Statutes 2000, section 126C.05,
9.4 subdivision 3, is amended to read:
9.5 Subd. 3. [COMPENSATION REMEDIAL REVENUE PUPIL UNITS.]
9.6 Compensation (a) Remedial revenue pupil units for fiscal year
9.7 1998 and thereafter must be computed according to this
9.8 subdivision.
9.9 (a) (b) The compensation remedial revenue concentration
9.10 percentage for each building in a district equals the product of
9.11 100 times the ratio of:
9.12 (1) the sum of the number of pupils enrolled in the
9.13 building eligible to receive free lunch plus one-half of the
9.14 pupils eligible to receive reduced priced lunch on October 1 of
9.15 the previous fiscal year; to
9.16 (2) the number of pupils enrolled in the building on
9.17 October 1 of the previous fiscal year.
9.18 (b) (c) The compensation remedial revenue pupil weighting
9.19 factor for a building equals the lesser of one or the quotient
9.20 obtained by dividing the building's compensation revenue
9.21 concentration percentage by 80.0.
9.22 (c) (d) The compensation remedial revenue pupil units for a
9.23 building equals the product of:
9.24 (1) the sum of the number of pupils enrolled in the
9.25 building eligible to receive free lunch and one-half of the
9.26 pupils eligible to receive reduced priced lunch on October 1 of
9.27 the previous fiscal year; times
9.28 (2) the compensation remedial revenue pupil weighting
9.29 factor for the building; times
9.30 (3) .60.
9.31 (d) (e) Notwithstanding paragraphs (a) (b) to (c) (d),
9.32 for charter schools and contracted alternative programs in the
9.33 first year of operation, compensation remedial revenue pupil
9.34 units shall be computed using data for the current fiscal year.
9.35 If the charter school or contracted alternative program begins
9.36 operation after October 1, compensatory remedial revenue pupil
10.1 units shall be computed based on pupils enrolled on an alternate
10.2 date determined by the commissioner, and the compensation
10.3 remedial revenue pupil units shall be prorated based on the
10.4 ratio of the number of days of student instruction to 170 days.
10.5 (e) (f) The percentages in this subdivision must be based
10.6 on the count of individual pupils and not on a building average
10.7 or minimum.
10.8 (g) For fiscal years 2004 and later, statewide total
10.9 remedial revenue equals the amount of remedial revenue for
10.10 fiscal year 2003. This amount is included in general education
10.11 revenue.
10.12 Sec. 11. Minnesota Statutes 2000, section 126C.05,
10.13 subdivision 5, is amended to read:
10.14 Subd. 5. [ADJUSTED PUPIL UNITS.] (a) Adjusted pupil units
10.15 for a district or charter school means the sum of:
10.16 (1) the number of pupil units served, according to
10.17 subdivision 7, plus
10.18 (2) pupil units according to subdivision 1 for whom the
10.19 district or charter school pays tuition under section 123A.18,
10.20 123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88,
10.21 subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or
10.22 125A.65, minus
10.23 (3) pupil units according to subdivision 1 for whom the
10.24 district or charter school receives tuition under section
10.25 123A.18, 123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88,
10.26 subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or
10.27 125A.65.
10.28 (b) Adjusted marginal cost pupil units means the greater of:
10.29 (1) the sum of .77 .50 times the pupil units defined in
10.30 paragraph (a) for the current school year and .23 .50 times the
10.31 pupil units defined in paragraph (a) for the previous school
10.32 year; or
10.33 (2) the number of adjusted pupil units defined in paragraph
10.34 (a) for the current school year.
10.35 [EFFECTIVE DATE.] This section is effective for revenue for
10.36 fiscal years 2002 and later.
11.1 Sec. 12. Minnesota Statutes 2000, section 126C.05,
11.2 subdivision 6, is amended to read:
11.3 Subd. 6. [RESIDENT PUPIL UNITS.] (a) Resident pupil units
11.4 for a district means the number of pupil units according to
11.5 subdivision 1 residing in the district.
11.6 (b) Resident marginal cost pupil units means the greater of:
11.7 (1) the sum of .77 .50 times the pupil units defined in
11.8 paragraph (a) for the current year and .23 .50 times the pupil
11.9 units defined in paragraph (a) for the previous school year; or
11.10 (2) the number of resident pupil units defined in paragraph
11.11 (a) for the current school year.
11.12 [EFFECTIVE DATE.] This section is effective for revenue for
11.13 fiscal years 2002 and later.
11.14 Sec. 13. Minnesota Statutes 2000, section 126C.10,
11.15 subdivision 1, is amended to read:
11.16 Subdivision 1. [GENERAL EDUCATION REVENUE.] For fiscal
11.17 year 2000 2002 and thereafter, the general education revenue for
11.18 each district equals the sum of the district's basic revenue,
11.19 basic skills revenue, training and experience revenue, secondary
11.20 sparsity revenue, elementary sparsity revenue, transportation
11.21 sparsity revenue, total operating capital revenue, equity
11.22 revenue, referendum offset adjustment, transition revenue, and
11.23 supplemental revenue.
11.24 [EFFECTIVE DATE.] This section is effective for revenue for
11.25 fiscal year 2002.
11.26 Sec. 14. Minnesota Statutes 2000, section 126C.10,
11.27 subdivision 2, is amended to read:
11.28 Subd. 2. [BASIC REVENUE.] The basic revenue for each
11.29 district equals the formula allowance times the adjusted
11.30 marginal cost pupil units for the school year. The formula
11.31 allowance for fiscal year 1998 is $3,581. The formula allowance
11.32 for fiscal year 1999 is $3,530. The formula allowance for
11.33 fiscal year 2000 is $3,740. The formula allowance for fiscal
11.34 year 2001 and subsequent fiscal years is $3,964. The formula
11.35 allowance for fiscal year 2002 is $4,050. The formula allowance
11.36 for fiscal year 2003 and later is $4,175.
12.1 Sec. 15. Minnesota Statutes 2000, section 126C.10,
12.2 subdivision 3, is amended to read:
12.3 Subd. 3. [COMPENSATORY REMEDIAL EDUCATION REVENUE.] For
12.4 fiscal year 2002 and later, the compensatory remedial education
12.5 revenue for each building in the district equals the formula
12.6 allowance for fiscal year 2001 times the compensation remedial
12.7 revenue pupil units computed according to section 126C.05,
12.8 subdivision 3. Revenue shall be paid to the district and must
12.9 be allocated according to section 126C.15, subdivision 2.
12.10 Sec. 16. Minnesota Statutes 2000, section 126C.10,
12.11 subdivision 9, is amended to read:
12.12 Subd. 9. [SUPPLEMENTAL REVENUE.] (a) A district's
12.13 supplemental revenue allowance for fiscal year 1994 2002 and
12.14 later fiscal years equals the district's supplemental
12.15 revenue allowance for fiscal year 1993 divided by the district's
12.16 1992-1993 resident pupil units 2001.
12.17 (b) A district's supplemental revenue allowance is reduced
12.18 for fiscal year 1995 and later according to subdivision 12.
12.19 (c) A district's supplemental revenue equals the
12.20 supplemental revenue allowance, if any, times its adjusted
12.21 marginal cost pupil units for that year.
12.22 (d) A district may cancel its supplemental revenue by
12.23 notifying the commissioner of education prior to June 30, 1994.
12.24 A district that is reorganizing under section 123A.35, 123A.46,
12.25 or 123A.48 may cancel its supplemental revenue by notifying the
12.26 commissioner of children, families, and learning before July 1
12.27 of the year of the reorganization. If a district cancels its
12.28 supplemental revenue according to this paragraph, its
12.29 supplemental revenue allowance for fiscal year 1993 for purposes
12.30 of subdivision 12 and section 124A.03, subdivision 3b, equals
12.31 zero.
12.32 [EFFECTIVE DATE.] This section is effective for revenue for
12.33 fiscal year 2002.
12.34 Sec. 17. Minnesota Statutes 2000, section 126C.10,
12.35 subdivision 20, is amended to read:
12.36 Subd. 20. [TRANSITION REVENUE ADJUSTMENT.] A district's
13.1 transition revenue adjustment equals the district's transition
13.2 allowance times the adjusted marginal cost pupil units for the
13.3 school year.
13.4 Sec. 18. Minnesota Statutes 2000, section 126C.10,
13.5 subdivision 21, is amended to read:
13.6 Subd. 21. [TRANSITION LEVY ADJUSTMENT.] A district's
13.7 general education levy shall be adjusted by an amount equal to
13.8 transition levy for fiscal year 2003 and later equals the
13.9 district's transition revenue times the lesser of 1 or the ratio
13.10 of its adjusted net tax capacity per adjusted marginal cost
13.11 pupil unit to $8,404.
13.12 Sec. 19. Minnesota Statutes 2000, section 126C.10,
13.13 subdivision 22, is amended to read:
13.14 Subd. 22. [TRANSITION AID ADJUSTMENT.] A district's
13.15 transition aid adjustment is the difference between the
13.16 transition revenue and the transition levy.
13.17 Sec. 20. Minnesota Statutes 2000, section 126C.10,
13.18 subdivision 24, is amended to read:
13.19 Subd. 24. [EQUITY REVENUE.] (a) A school district
13.20 qualifies for equity revenue if:
13.21 (1) the school district's adjusted marginal cost pupil unit
13.22 amount of basic revenue, supplemental revenue, transition
13.23 revenue, and referendum revenue is less than the value of the
13.24 school district at or immediately above the 90th 95th percentile
13.25 of school districts in its equity region for those revenue
13.26 categories; and
13.27 (2) the school district's administrative offices are not
13.28 located in a city of the first class on July 1, 1999.
13.29 (b) Equity revenue for a qualifying district that receives
13.30 referendum revenue under section 126C.17, subdivision 4, equals
13.31 the product of (1) the district's adjusted marginal cost pupil
13.32 units for that year; times (2) the sum of (i) $10 $8, plus (ii)
13.33 $30 $64, times the school district's equity index computed under
13.34 subdivision 27; times (3) the school district's small school
13.35 index number under subdivision 29.
13.36 (c) Equity revenue for a qualifying district that does not
14.1 receive referendum revenue under section 126C.17, subdivision 4,
14.2 equals the product of the district's adjusted marginal cost
14.3 pupil units for that year times $10 must not exceed $150 times
14.4 the adjusted marginal cost pupil units for that year.
14.5 [EFFECTIVE DATE.] This section is effective for revenue for
14.6 fiscal year 2002 and later.
14.7 Sec. 21. Minnesota Statutes 2000, section 126C.10,
14.8 subdivision 25, is amended to read:
14.9 Subd. 25. [REGIONAL STATEWIDE EQUITY GAP.] The regional
14.10 statewide equity gap equals the difference between the value of
14.11 the school district at or immediately above the fifth percentile
14.12 of adjusted general revenue per adjusted marginal cost pupil
14.13 unit and the value of the school district at or immediately
14.14 above the 90th 95th percentile of adjusted general revenue per
14.15 adjusted marginal cost pupil unit.
14.16 [EFFECTIVE DATE.] This section is effective for revenue for
14.17 fiscal year 2002 and later.
14.18 Sec. 22. Minnesota Statutes 2000, section 126C.10,
14.19 subdivision 27, is amended to read:
14.20 Subd. 27. [DISTRICT EQUITY INDEX.] A district's equity
14.21 index equals the ratio of the sum of the district equity gap
14.22 amount to the regional statewide equity gap amount.
14.23 [EFFECTIVE DATE.] This section is effective for revenue for
14.24 fiscal year 2002 and later.
14.25 Sec. 23. Minnesota Statutes 2000, section 126C.10, is
14.26 amended by adding a subdivision to read:
14.27 Subd. 29. [SMALL SCHOOL INDEX.] The small school index for
14.28 a district with 1,500 or fewer adjusted marginal cost pupil
14.29 units for that school year equals one plus the product of two
14.30 and the ratio of 200 to the district's adjusted marginal cost
14.31 pupil units for that year. The small school index for a
14.32 district with more than 1,500 adjusted marginal cost pupil units
14.33 for that year equals 1.0.
14.34 [EFFECTIVE DATE.] This section is effective for revenue for
14.35 fiscal year 2002 and later.
14.36 Sec. 24. Minnesota Statutes 2000, section 126C.12,
15.1 subdivision 2, is amended to read:
15.2 Subd. 2. [INSTRUCTOR DEFINED DEFINITIONS.] Primary
15.3 instructor (a) "Classroom teacher" means a public employee
15.4 licensed by the board of teaching who is authorized to teach all
15.5 subjects to children in any grade in kindergarten through grade
15.6 6 and whose duties are full-time regular classroom instruction,
15.7 excluding a teacher for whom federal aids are received or for
15.8 whom categorical aids are received pursuant to under section
15.9 125A.76 or who is an itinerant teacher or provides instruction
15.10 outside of the regular classroom. Except as provided in section
15.11 122A.68, subdivision 6, instructor classroom teacher does not
15.12 include supervisory and support personnel, except school social
15.13 workers as defined in section 122A.15. An instructor A
15.14 classroom teacher whose duties are less than full-time
15.15 instruction must be included as an equivalent only for the
15.16 number of hours of instruction in grades kindergarten through 6
15.17 grade 3.
15.18 (b) "Class size" means the districtwide ratio at each grade
15.19 level of the number of full-time students in kindergarten
15.20 through grade 3 served at least 40 percent of the time in
15.21 regular classrooms to the number of full-time classroom teachers
15.22 in kindergarten through grade 3, determined as of October 1 of
15.23 each school year.
15.24 Sec. 25. Minnesota Statutes 2000, section 126C.12,
15.25 subdivision 3, is amended to read:
15.26 Subd. 3. [INSTRUCTION CONTACT TIME.] Instruction may be
15.27 provided by a primary instructor, classroom teacher or by a team
15.28 of instructors classroom teachers, or by a teacher resident
15.29 supervised by a primary instructor classroom teacher. The
15.30 district must maximize instructor classroom teacher to learner
15.31 average instructional contact time in the core subjects of
15.32 reading and mathematics.
15.33 Sec. 26. Minnesota Statutes 2000, section 126C.12,
15.34 subdivision 4, is amended to read:
15.35 Subd. 4. [REVENUE USE.] (a) Revenue must be used according
15.36 to either paragraph (b) or (c).
16.1 (b) Revenue must be used to reduce and maintain the
16.2 district's instructor to learner ratios average class size in
16.3 kindergarten through grade 6 3 to a level of 1 17 to 17 1 on
16.4 average in each of the respective grades. The district must
16.5 prioritize the use of the revenue to attain this level initially
16.6 in kindergarten and grade 1 and then through the subsequent
16.7 grades as revenue is available.
16.8 (c) The revenue may be used to prepare and use an
16.9 individualized learning plan for each learner. (b) A district
16.10 must not increase the district wide instructor-to-learner ratios
16.11 districtwide class sizes in other grades as a result of reducing
16.12 instructor-to-learner ratios class sizes in kindergarten through
16.13 grade 6 3. Revenue may not be used to provide instructor
16.14 preparation time. A district may use a portion of the revenue
16.15 reserved under this section to employ up to the same number of
16.16 full-time equivalent education assistants or aides as the
16.17 district employed during the 1992-1993 school year under
16.18 Minnesota Statutes 1992, section 124.331, subdivision 2 through
16.19 fiscal year 2002. Beginning in fiscal year 2003, class size
16.20 reduction revenue may only be reserved to employ classroom
16.21 teachers contributing to lower class sizes in kindergarten
16.22 through grade 3.
16.23 Sec. 27. Minnesota Statutes 2000, section 126C.12,
16.24 subdivision 5, is amended to read:
16.25 Subd. 5. [ADDITIONAL REVENUE USE.] If the board of a
16.26 district determines that the district has achieved and is
16.27 maintaining the instructor-to-learner ratios class sizes
16.28 specified in subdivision 4 and is using individualized learning
16.29 plans, the board may use the revenue to:
16.30 (1) reduce class size in grades 4, 5, and 6; or
16.31 (2) purchase instructional material and, services, or
16.32 provide staff development needed for reduced
16.33 instructor-to-learner ratios. If additional revenue remains,
16.34 the district must use the revenue to improve program offerings,
16.35 including programs provided through interactive television,
16.36 throughout the district or other general education
17.1 purposes technology.
17.2 Sec. 28. Minnesota Statutes 2000, section 126C.12, is
17.3 amended by adding a subdivision to read:
17.4 Subd. 6. [ANNUAL REPORT.] By December 1 of each year,
17.5 districts receiving revenue under subdivision 1 shall make
17.6 available to the public a report on the amount of revenue the
17.7 district has received and the use of the revenue. This report
17.8 shall be in the form and manner determined by the commissioner
17.9 and shall include the district average class sizes in
17.10 kindergarten through grade 6 as of October 1 of the current
17.11 school year and the class sizes for each site serving
17.12 kindergarten through grade 6 students in the district. A copy
17.13 of the report shall be filed with the commissioner by December
17.14 15.
17.15 Sec. 29. Minnesota Statutes 2000, section 126C.13,
17.16 subdivision 1, is amended to read:
17.17 Subdivision 1. [GENERAL EDUCATION TAX RATE.] The
17.18 commissioner must establish the general education tax rate by
17.19 July 1 of each year for levies payable in the following year.
17.20 The general education tax capacity rate must be a rate, rounded
17.21 up to the nearest hundredth of a percent, that, when applied to
17.22 the adjusted net tax capacity for all districts, raises the
17.23 amount specified in this subdivision. The general education tax
17.24 rate must be the rate that raises $1,330,000,000 $1,361,000,000
17.25 for fiscal year 2001, and later fiscal years. The general
17.26 education tax rate may not be changed due to changes or
17.27 corrections made to a district's adjusted net tax capacity after
17.28 the tax rate has been established.
17.29 Sec. 30. Minnesota Statutes 2000, section 126C.15,
17.30 subdivision 1, is amended to read:
17.31 Subdivision 1. [USE OF THE REVENUE.] The basic skills
17.32 revenue under section 126C.10, subdivision 4, and the portion of
17.33 the transition revenue adjustment under section 126C.10,
17.34 subdivision 20, attributable to the compensatory transition
17.35 allowance under section 126C.10, subdivision 19, paragraph (b),
17.36 must be reserved and used to meet the educational needs of
18.1 pupils who enroll under-prepared to learn and whose progress
18.2 toward meeting state or local content or performance standards
18.3 is below the level that is appropriate for learners of their
18.4 age. Any of the following may be provided to meet these
18.5 learners' needs:
18.6 (1) direct instructional services under the assurance of
18.7 mastery program according to section 124D.66;
18.8 (2) remedial instruction in reading, language arts,
18.9 mathematics, other content areas, or study skills to improve the
18.10 achievement level of these learners;
18.11 (3) additional teachers and teacher aides to provide more
18.12 individualized instruction to these learners through individual
18.13 tutoring, lower instructor-to-learner ratios, or team teaching;
18.14 (4) a longer school day or week during the regular school
18.15 year or through a summer program that may be offered directly by
18.16 the site or under a performance-based contract with a
18.17 community-based organization;
18.18 (5) comprehensive and ongoing staff development consistent
18.19 with district and site plans according to section 122A.60, for
18.20 teachers, teacher aides, principals, and other personnel to
18.21 improve their ability to identify the needs of these learners
18.22 and provide appropriate remediation, intervention,
18.23 accommodations, or modifications;
18.24 (6) instructional materials and technology appropriate for
18.25 meeting the individual needs of these learners;
18.26 (7) programs to reduce truancy, encourage completion of
18.27 high school, enhance self-concept, provide health services,
18.28 provide nutrition services, provide a safe and secure learning
18.29 environment, provide coordination for pupils receiving services
18.30 from other governmental agencies, provide psychological services
18.31 to determine the level of social, emotional, cognitive, and
18.32 intellectual development, and provide counseling services,
18.33 guidance services, and social work services;
18.34 (8) bilingual programs, bicultural programs, and programs
18.35 for learners of limited English proficiency;
18.36 (9) all day kindergarten;
19.1 (10) extended school day and extended school year programs;
19.2 and
19.3 (11) substantial parent involvement in developing and
19.4 implementing remedial education or intervention plans for a
19.5 learner, including learning contracts between the school, the
19.6 learner, and the parent that establish achievement goals and
19.7 responsibilities of the learner and the learner's parent or
19.8 guardian; and
19.9 (12) other methods to increase achievement, as needed.
19.10 Sec. 31. Minnesota Statutes 2000, section 126C.15,
19.11 subdivision 2, is amended to read:
19.12 Subd. 2. [BUILDING ALLOCATION.] (a) A district must
19.13 allocate its compensatory revenue to each school building in the
19.14 district where the children who have generated the revenue are
19.15 served.
19.16 (b) Notwithstanding paragraph (a), for fiscal years 1999,
19.17 2000, and 2001, upon approval by the commissioner, a district
19.18 may allocate up to five percent of the amount of compensatory
19.19 revenue that the district would have received under Minnesota
19.20 Statutes 1996, section 124A.22, subdivision 3, for fiscal year
19.21 1998, computed using a basic formula allowance of $3,581 during
19.22 the previous fiscal year to school sites according to a plan
19.23 adopted by the school board.
19.24 (c) For the purposes of this section and section 126C.05,
19.25 subdivision 3, "building" means education site as defined in
19.26 section 123B.04, subdivision 1.
19.27 (d) If the pupil is served at a site other than one owned
19.28 and operated by the district, the revenue shall be paid to the
19.29 district and used for services for pupils who generate the
19.30 revenue.
19.31 Sec. 32. Minnesota Statutes 2000, section 126C.15,
19.32 subdivision 5, is amended to read:
19.33 Subd. 5. [ANNUAL EXPENDITURE REPORT.] Each year a district
19.34 that receives basic skills revenue must submit a report
19.35 identifying the expenditures it incurred to meet the needs of
19.36 eligible learners under subdivision 1. The report must conform
20.1 to uniform financial and reporting standards established for
20.2 this purpose. Using valid and reliable data and measurement
20.3 criteria, the report also must determine whether increased
20.4 expenditures raised student achievement levels.
20.5 Sec. 33. Minnesota Statutes 2000, section 126C.16, is
20.6 amended by adding a subdivision to read:
20.7 Subd. 4. [REFERENDUM ALLOWANCE ADJUSTMENT.] Beginning in
20.8 fiscal year 2003, the referendum allowance determined for a
20.9 district under subdivision 3 is increased by an amount equal to
20.10 the reduction in the district's referendum allowance for fiscal
20.11 year 2001 under section 126C.17, subdivision 2. The increased
20.12 allowance, as adjusted according to section 126C.17, subdivision
20.13 2, shall be used in computing a district's referendum revenue
20.14 for all later years for which the revenue is authorized.
20.15 Sec. 34. Minnesota Statutes 2000, section 126C.17,
20.16 subdivision 1, is amended to read:
20.17 Subdivision 1. [REFERENDUM ALLOWANCE.] A district's
20.18 referendum revenue allowance equals the referendum revenue
20.19 authority for that year divided by its resident marginal cost
20.20 pupil units for that school year sum of the allowance under
20.21 section 126C.16, subdivision 2, plus any additional allowance
20.22 per resident marginal cost pupil unit authorized under
20.23 subdivision 9 for fiscal year 2002 and later.
20.24 [EFFECTIVE DATE.] This section is effective for revenue for
20.25 fiscal year 2002.
20.26 Sec. 35. Minnesota Statutes 2000, section 126C.17,
20.27 subdivision 2, is amended to read:
20.28 Subd. 2. [REFERENDUM ALLOWANCE LIMIT.] (a) Notwithstanding
20.29 subdivision 1, a district's referendum allowance must not exceed
20.30 the greater of:
20.31 (1) the district's referendum allowance for fiscal year
20.32 1994 multiplied by the inflation factor established in paragraph
20.33 (b);
20.34 (2) 25 35 percent of the formula allowance; or
20.35 (3) for a newly reorganized district created after July 1,
20.36 1994, the sum of the referendum revenue authority for the
21.1 reorganizing districts for the fiscal year preceding the
21.2 reorganization, divided by the sum of the resident marginal cost
21.3 pupil units of the reorganizing districts for the fiscal year
21.4 preceding the reorganization.
21.5 (b) The operating referendum inflation factor equals the
21.6 ratio of the consumer price index for urban consumers as
21.7 prepared by the United States Department of Labor, for the most
21.8 recently available year to the Consumer Price Index for urban
21.9 consumers for 1994.
21.10 Sec. 36. Minnesota Statutes 2000, section 126C.17,
21.11 subdivision 5, is amended to read:
21.12 Subd. 5. [REFERENDUM EQUALIZATION REVENUE.] (a) A
21.13 district's referendum equalization revenue equals the referendum
21.14 equalization allowance times the district's resident marginal
21.15 cost pupil units for that year.
21.16 (b) The referendum equalization allowance equals $350 for
21.17 fiscal year 2000 and $415 for fiscal year years 2001 and 2002,
21.18 $515 for fiscal year 2003, and $615 for fiscal year 2004 and
21.19 later.
21.20 (c) Referendum equalization revenue must not exceed a
21.21 district's total referendum revenue for that year.
21.22 [EFFECTIVE DATE.] This section is effective for revenue for
21.23 fiscal year 2003 and later.
21.24 Sec. 37. Minnesota Statutes 2000, section 126C.17,
21.25 subdivision 6, is amended to read:
21.26 Subd. 6. [REFERENDUM EQUALIZATION LEVY.] (a) A district's
21.27 referendum equalization levy for a referendum levied against the
21.28 referendum market value of all taxable property as defined in
21.29 section 126C.01, subdivision 3, equals the district's referendum
21.30 equalization revenue times the lesser of one or the ratio of the
21.31 district's referendum market value per resident marginal cost
21.32 pupil unit to $476,000.
21.33 (b) A district's referendum equalization levy for a
21.34 referendum levied against the net tax capacity of all taxable
21.35 property equals the district's referendum equalization revenue
21.36 times the lesser of one or the ratio of the district's adjusted
22.1 net tax capacity per resident marginal cost pupil unit to $8,404.
22.2 [EFFECTIVE DATE.] This section is effective for revenue for
22.3 fiscal year 2002.
22.4 Sec. 38. Minnesota Statutes 2000, section 126C.17,
22.5 subdivision 9, is amended to read:
22.6 Subd. 9. [REFERENDUM REVENUE.] (a) The revenue authorized
22.7 by section 126C.10, subdivision 1, may be increased in the
22.8 amount approved by the voters of the district at a referendum
22.9 called for the purpose. The referendum may be called by the
22.10 board or shall be called by the board upon written petition of
22.11 qualified voters of the district. The referendum must be
22.12 conducted one or two calendar years before the increased levy
22.13 authority, if approved, first becomes payable. Only one
22.14 election to approve an increase may be held in a calendar year.
22.15 Unless the referendum is conducted by mail under paragraph (g),
22.16 the referendum must be held on the first Tuesday after the first
22.17 Monday in November. The ballot must state the maximum amount of
22.18 the increased revenue per resident marginal cost pupil unit, the
22.19 estimated referendum tax rate as a percentage of referendum
22.20 market value in the first year it is to be levied, and that the
22.21 revenue must be used to finance school operations. The ballot
22.22 may state a schedule, determined by the board, of increased
22.23 revenue per resident marginal cost pupil unit that differs from
22.24 year to year over the number of years for which the increased
22.25 revenue is authorized. If the ballot contains a schedule
22.26 showing different amounts, it must also indicate the estimated
22.27 referendum tax rate as a percent of referendum market value for
22.28 the amount specified for the first year and for the maximum
22.29 amount specified in the schedule. The ballot may state that
22.30 existing referendum levy authority is expiring. In this case,
22.31 the ballot may also compare the proposed levy authority to the
22.32 existing expiring levy authority, and express the proposed
22.33 increase as the amount, if any, over the expiring referendum
22.34 levy authority. The ballot must designate the specific number
22.35 of years, not to exceed ten, for which the referendum
22.36 authorization applies. The notice required under section 275.60
23.1 may be modified to read, in cases of renewing existing levies:
23.2 "BY VOTING "YES" ON THIS BALLOT QUESTION, YOU MAY BE VOTING
23.3 FOR A PROPERTY TAX INCREASE."
23.4 The ballot may contain a textual portion with the
23.5 information required in this subdivision and a question stating
23.6 substantially the following:
23.7 "Shall the increase in the revenue proposed by (petition
23.8 to) the board of ........., School District No. .., be approved?"
23.9 If approved, an amount equal to the approved revenue per
23.10 resident marginal cost pupil unit times the resident marginal
23.11 cost pupil units for the school year beginning in the year after
23.12 the levy is certified shall be authorized for certification for
23.13 the number of years approved, if applicable, or until revoked or
23.14 reduced by the voters of the district at a subsequent referendum.
23.15 (b) The board must prepare and deliver by first class mail
23.16 at least 15 days but no more than 30 days before the day of the
23.17 referendum to each taxpayer a notice of the referendum and the
23.18 proposed revenue increase. The board need not mail more than
23.19 one notice to any taxpayer. For the purpose of giving mailed
23.20 notice under this subdivision, owners must be those shown to be
23.21 owners on the records of the county auditor or, in any county
23.22 where tax statements are mailed by the county treasurer, on the
23.23 records of the county treasurer. Every property owner whose
23.24 name does not appear on the records of the county auditor or the
23.25 county treasurer is deemed to have waived this mailed notice
23.26 unless the owner has requested in writing that the county
23.27 auditor or county treasurer, as the case may be, include the
23.28 name on the records for this purpose. The notice must project
23.29 the anticipated amount of tax increase in annual dollars and
23.30 annual percentage for typical residential homesteads,
23.31 agricultural homesteads, apartments, and commercial-industrial
23.32 property within the school district.
23.33 The notice for a referendum may state that an existing
23.34 referendum levy is expiring and project the anticipated amount
23.35 of increase over the existing referendum levy in the first year,
23.36 if any, in annual dollars and annual percentage for typical
24.1 residential homesteads, agricultural homesteads, apartments, and
24.2 commercial-industrial property within the district.
24.3 The notice must include the following statement: "Passage
24.4 of this referendum will result in an increase in your property
24.5 taxes." However, in cases of renewing existing levies, the
24.6 notice may include the following statement: "Passage of this
24.7 referendum may result in an increase in your property taxes."
24.8 (c) A referendum on the question of revoking or reducing
24.9 the increased revenue amount authorized pursuant to paragraph
24.10 (a) may be called by the board and shall be called by the board
24.11 upon the written petition of qualified voters of the district.
24.12 A referendum to revoke or reduce the levy amount must be based
24.13 upon the dollar amount, local tax rate, or amount per resident
24.14 marginal cost pupil unit, that was stated to be the basis for
24.15 the initial authorization. Revenue approved by the voters of
24.16 the district pursuant to paragraph (a) must be received at least
24.17 once before it is subject to a referendum on its revocation or
24.18 reduction for subsequent years. Only one revocation or
24.19 reduction referendum may be held to revoke or reduce referendum
24.20 revenue for any specific year and for years thereafter.
24.21 (d) A petition authorized by paragraph (a) or (c) is
24.22 effective if signed by a number of qualified voters in excess of
24.23 15 percent of the registered voters of the district on the day
24.24 the petition is filed with the board. A referendum invoked by
24.25 petition must be held on the date specified in paragraph (a).
24.26 (e) The approval of 50 percent plus one of those voting on
24.27 the question is required to pass a referendum authorized by this
24.28 subdivision.
24.29 (f) At least 15 days before the day of the referendum, the
24.30 district must submit a copy of the notice required under
24.31 paragraph (b) to the commissioner and to the county auditor of
24.32 each county in which the district is located. Within 15 days
24.33 after the results of the referendum have been certified by the
24.34 board, or in the case of a recount, the certification of the
24.35 results of the recount by the canvassing board, the district
24.36 must notify the commissioner of the results of the referendum.
25.1 (g) Except for a referendum held under subdivision 11, any
25.2 referendum under this section held on a day other than the first
25.3 Tuesday after the first Monday in November must be conducted by
25.4 mail in accordance with section 204B.46. Notwithstanding
25.5 paragraph (b) to the contrary, in the case of a referendum
25.6 conducted by mail under this paragraph, the notice required by
25.7 paragraph (b) must be prepared and delivered by first class mail
25.8 at least 20 days before the referendum.
25.9 Sec. 39. Minnesota Statutes 2000, section 126C.17,
25.10 subdivision 10, is amended to read:
25.11 Subd. 10. [SCHOOL REFERENDUM LEVY; MARKET VALUE.]
25.12 Notwithstanding the provisions of subdivision 9, A school
25.13 referendum levy approved after November 1, 1992, for taxes
25.14 payable in 1993 and thereafter, must be levied against the
25.15 referendum market value of all taxable property as defined in
25.16 section 126C.01, subdivision 3. Any referendum levy amount
25.17 subject to the requirements of this subdivision must be
25.18 certified separately to the county auditor under section 275.07.
25.19 All other provisions of subdivision 9 that do not conflict
25.20 with this subdivision apply to referendum levies under this
25.21 subdivision.
25.22 [EFFECTIVE DATE.] This section is effective for revenue for
25.23 fiscal year 2002.
25.24 Sec. 40. Minnesota Statutes 2000, section 126C.17,
25.25 subdivision 11, is amended to read:
25.26 Subd. 11. [REFERENDUM DATE.] (a) Except for a referendum
25.27 held under paragraph (b), any referendum under this section held
25.28 on a day other than the first Tuesday after the first Monday in
25.29 November must be conducted by mail in accordance with section
25.30 204B.46. Notwithstanding subdivision 9, paragraph (b), to the
25.31 contrary, in the case of a referendum conducted by mail under
25.32 this paragraph, the notice required by subdivision 9, paragraph
25.33 (b), must be prepared and delivered by first-class mail at least
25.34 20 days before the referendum.
25.35 (b) In addition to the referenda allowed in subdivision 9,
25.36 clause (a), the commissioner may authorize a referendum for a
26.1 different day.
26.2 (a) The commissioner may grant authority to a district to
26.3 hold a referendum on a different day if the district is in
26.4 statutory operating debt and has an approved plan or has
26.5 received an extension from the department to file a plan to
26.6 eliminate the statutory operating debt.
26.7 (b) The commissioner may grant authority for a district to
26.8 hold a referendum on a different day if: (1) the district will
26.9 conduct a bond election under chapter 475 on that same day; and
26.10 (2) the proceeds of the referendum will provide only additional
26.11 operating revenue complementing the purpose for which bonding
26.12 authority is sought. The commissioner may only grant authority
26.13 under this paragraph if the district demonstrates to the
26.14 commissioner's satisfaction that the district's ability to
26.15 operate the new facility or achieve efficiencies with the
26.16 purchases connected to the proceeds of the bond sale will be
26.17 significantly affected if the operating referendum is not
26.18 conducted until the November general election. Authority under
26.19 this paragraph expires November 30, 1998.
26.20 (c) The commissioner must approve, deny, or modify each
26.21 district's request for a referendum levy on a different day
26.22 within 60 days of receiving the request from a district.
26.23 Sec. 41. Minnesota Statutes 2000, section 126C.23,
26.24 subdivision 5, is amended to read:
26.25 Subd. 5. [DATA REPORTING.] Each district must report to
26.26 the commissioner the estimated amount of general education and
26.27 referendum initially allocated to each building under
26.28 subdivision 2 and the amount of any reallocations under
26.29 subdivision 3 by January 30 of the current fiscal year, and the
26.30 actual amount of general education and referendum revenue
26.31 initially allocated to each building under subdivision 2 and the
26.32 amount of any reallocations under subdivision 3 by January 30 of
26.33 the next fiscal year.
26.34 Sec. 42. Minnesota Statutes 2000, section 126C.41,
26.35 subdivision 3, is amended to read:
26.36 Subd. 3. [RETIREMENT LEVIES.] (1) In addition to the
27.1 excess levy authorized in 1976 any district within a city of the
27.2 first class which was authorized in 1975 to make a retirement
27.3 levy under Minnesota Statutes 1974, section 275.127 and chapter
27.4 422A may levy an amount per pupil unit which is equal to the
27.5 amount levied in 1975 payable 1976, under Minnesota Statutes
27.6 1974, section 275.127 and chapter 422A, divided by the number of
27.7 pupil units in the district in 1976-1977.
27.8 (2) In 1979 and each year thereafter, any district which
27.9 qualified in 1976 for an extra levy under paragraph (1) shall be
27.10 allowed to levy the same amount as levied for retirement in 1978
27.11 under this clause reduced each year by ten percent of the
27.12 difference between the amount levied for retirement in 1971
27.13 under Minnesota Statutes 1971, sections 275.127 and 422.01 to
27.14 422.54 and the amount levied for retirement in 1975 under
27.15 Minnesota Statutes 1974, section 275.127 and chapter 422A.
27.16 (3) (a) In 1991 and each year thereafter, a district to
27.17 which this subdivision applies may levy an additional amount
27.18 required for contributions to the Minneapolis employees
27.19 retirement fund as a result of the maximum dollar amount
27.20 limitation on state contributions to the fund imposed under
27.21 section 422A.101, subdivision 3. The additional levy must not
27.22 exceed the most recent amount certified by the board of the
27.23 Minneapolis employees retirement fund as the district's share of
27.24 the contribution requirement in excess of the maximum state
27.25 contribution under section 422A.101, subdivision 3.
27.26 (4) (b) For taxes payable in 1994 and thereafter, special
27.27 school district No. 1, Minneapolis, and independent school
27.28 district No. 625, St. Paul, may levy for the increase in the
27.29 employer retirement fund contributions, under Laws 1992, chapter
27.30 598, article 5, section 1.
27.31 (5) (c) If the employer retirement fund contributions under
27.32 section 354A.12, subdivision 2a, are increased for fiscal year
27.33 1994 or later fiscal years, special school district No. 1,
27.34 Minneapolis, and independent school district No. 625, St. Paul,
27.35 may levy in payable 1994 or later an amount equal to the amount
27.36 derived by applying the net increase in the employer retirement
28.1 fund contribution rate of the respective teacher retirement fund
28.2 association between fiscal year 1993 and the fiscal year
28.3 beginning in the year after the levy is certified to the total
28.4 covered payroll of the applicable teacher retirement fund
28.5 association. If an applicable school district levies under this
28.6 paragraph, they may not levy under paragraph (4) (b).
28.7 (6) (d) In addition to the levy authorized under paragraph
28.8 (5) (c), special school district No. 1, Minneapolis, may also
28.9 levy payable in 1997 or later an amount equal to the
28.10 contributions under section 423A.02, subdivision 3, and may also
28.11 levy in payable 1994 or later an amount equal to the state aid
28.12 contribution under section 354A.12, subdivision 3b. Independent
28.13 school district No. 625, St. Paul, may levy payable in 1997 or
28.14 later an amount equal to the supplemental contributions under
28.15 section 423A.02, subdivision 3.
28.16 Sec. 43. Minnesota Statutes 2000, section 126C.43,
28.17 subdivision 3, is amended to read:
28.18 Subd. 3. [TAX LEVY FOR UNPAID JUDGMENT.] A school district
28.19 may levy the amounts necessary to pay the district's obligations
28.20 judgments against the school district and, if the school
28.21 district is a member of an intermediate school district, the
28.22 district's proportionate share of the judgments against the
28.23 intermediate school district, under section 126C.47 123B.25 that
28.24 became final after the date the district certified its proposed
28.25 levy in the previous year. With the approval of the
28.26 commissioner, a district may spread this levy over a period not
28.27 to exceed three years.
28.28 Sec. 44. Minnesota Statutes 2000, section 127A.41,
28.29 subdivision 5, is amended to read:
28.30 Subd. 5. [DISTRICT APPEAL OF AID REDUCTION; INSPECTION OF
28.31 DISTRICT SCHOOLS AND ACCOUNTS AND RECORDS.] Public schools shall
28.32 at all times be open to the inspection of the commissioner. The
28.33 accounts and records of any district must be open to inspection
28.34 by the state auditor, or the commissioner for the purpose of
28.35 audits conducted under this section. Each district shall keep
28.36 for a minimum of three years at least the following: (1)
29.1 identification of the annual session days held, together with a
29.2 record of the length of each session day, (2) a record of each
29.3 pupil's daily attendance, with entrance and withdrawal dates,
29.4 and (3) identification of the pupils transported who are
29.5 reported for transportation aid to-and-from school
29.6 transportation category for each pupil as defined in section
29.7 123B.92, subdivision 1.
29.8 Sec. 45. Minnesota Statutes 2000, section 127A.50,
29.9 subdivision 2, is amended to read:
29.10 Subd. 2. [APPROPRIATION AND ESTIMATED NET SAVINGS.] The
29.11 amounts necessary to pay any positive net adjustments under this
29.12 section to any school district are appropriated annually from
29.13 the general fund to the commissioner of children, families, and
29.14 learning. The estimated net general fund savings under this
29.15 section is $29,819,000 in fiscal year 1998, and $26,997,000 in
29.16 each fiscal year thereafter.
29.17 Sec. 46. Laws 1992, chapter 499, article 7, section 31, as
29.18 amended by Laws 1998, chapter 398, article 1, section 39, Laws
29.19 1999, chapter 241, article 1, section 54, and Laws 2000, chapter
29.20 489, article 2, section 28, is amended to read:
29.21 Sec. 31. [REPEALER.]
29.22 Minnesota Statutes 1990, sections 124A.02, subdivision 24;
29.23 124A.23, subdivisions 2 and 3; 124A.26, subdivisions 2 and 3;
29.24 124A.27; 124A.28; and 124A.29, subdivision 2; and Minnesota
29.25 Statutes 1991 Supplement, sections 124A.02, subdivisions 16 and
29.26 23; 124A.03, subdivisions 1b, 1c, 1d, 1e, 1f, 1g, 1h, and 1i;
29.27 124A.04; 124A.22, subdivisions 2, 3, 4, 4a, 4b, 8, and 9;
29.28 124A.23, subdivisions 1, 4, and 5; 124A.24; 124A.26, subdivision
29.29 1; and 124A.29, subdivision 1, are repealed effective June 30,
29.30 2004; Laws 1991, chapter 265, article 7, section 35, is repealed.
29.31 Sec. 47. Laws 2000, chapter 489, article 2, section 34, is
29.32 amended to read:
29.33 Sec. 34. [TRAINING AND EXPERIENCE REPLACEMENT REVENUE.]
29.34 (a) For fiscal year 2001 only, a school district's training
29.35 and experience replacement revenue equals the sum of the
29.36 following:
30.1 (1) the ratio of the amount of training and experience
30.2 revenue the district would have received for fiscal year 1999
30.3 calculated using the training and experience index in Minnesota
30.4 Statutes 1996, section 124A.04, to its resident pupil units for
30.5 that year, times the district's adjusted marginal cost pupil
30.6 units for fiscal year 2001, times .06; plus
30.7 (2) the difference between .47 times the training and
30.8 experience revenue the district would have received for fiscal
30.9 year 1999, calculated using the training and experience index in
30.10 Minnesota Statutes 1996, section 124A.04, and the amount
30.11 calculated in Minnesota Statutes, section 126C.10, subdivision
30.12 5, for fiscal year 2001, but not less than zero.
30.13 (b) This revenue is paid entirely in fiscal year 2001 based
30.14 on estimated data.
30.15 (c) By January 31, 2002, the department of children,
30.16 families, and learning shall recalculate the revenue for each
30.17 district using actual data, and shall adjust the general
30.18 education aid paid to school districts for fiscal year 2002 by
30.19 the amount of the difference between the estimated revenue and
30.20 the actual revenue.
30.21 Sec. 48. Laws 2000, chapter 489, article 2, section 36, is
30.22 amended to read:
30.23 Sec. 36. [FISCAL YEARS 2003 2004 TO 2007 2008 AIRPORT
30.24 RUNWAY IMPACT PUPIL UNIT AID; RICHFIELD.]
30.25 Subdivision 1. [AIRPORT IMPACT ZONE PUPIL UNITS,
30.26 DEFINITION.] For the purposes of this section, "airport impact
30.27 zone pupil units" means the number of pupil units, according to
30.28 Minnesota Statutes 1999 Supplement, section 126C.05, subdivision
30.29 1, in school year 1998-1999 that were attributable to the
30.30 airport impact zone, as defined in Laws 1999, chapter 243,
30.31 article 16, section 35, subdivision 1.
30.32 Subd. 2. [FISCAL YEAR 2003 2004.] For fiscal year 2003
30.33 2004 only, independent school district No. 280, Richfield, is
30.34 eligible for declining pupil unit aid equal to the product of 70
30.35 percent of the airport impact zone pupil units times the general
30.36 education formula allowance for fiscal year 2003 2004.
31.1 Subd. 3. [FISCAL YEAR 2004 2005.] For fiscal year 2004
31.2 2005 only, independent school district No. 280, Richfield, is
31.3 eligible for declining pupil unit aid equal to the product of 70
31.4 percent of the airport impact zone pupil units times the general
31.5 education formula allowance for fiscal year 2004 2005.
31.6 Subd. 4. [FISCAL YEAR 2005 2006.] For fiscal year 2005
31.7 2006 only, independent school district No. 280, Richfield, is
31.8 eligible for declining pupil unit aid equal to the product of
31.9 52.5 percent of the airport impact zone pupil units times the
31.10 general education formula allowance for fiscal year 2005 2006.
31.11 Subd. 5. [FISCAL YEAR 2006 2007.] For fiscal year 2006
31.12 2007 only, independent school district No. 280, Richfield, is
31.13 eligible for declining pupil unit aid equal to the product of 35
31.14 percent of the airport impact zone pupil units times the general
31.15 education formula allowance for fiscal year 2006 2007.
31.16 Subd. 6. [FISCAL YEAR 2007 2008.] For fiscal year 2007
31.17 2008 only, independent school district No. 280, Richfield, is
31.18 eligible for declining pupil unit aid equal to the product of
31.19 17.5 percent of the airport impact zone pupil units times the
31.20 general education formula allowance for fiscal year 2007 2008.
31.21 Sec. 49. Laws 2000, chapter 489, article 2, section 37,
31.22 subdivision 3, is amended to read:
31.23 Subd. 3. [FISCAL YEAR 2001 CALCULATION.] (a) For fiscal
31.24 year 2001, a school district's sparsity correction revenue
31.25 equals .5 times the difference between sparsity revenue in
31.26 fiscal year 2001 calculated according to Laws 1999, chapter 241,
31.27 article 1, sections 18 and 19, and the sparsity revenue the
31.28 district would have received for fiscal year 2001 had these
31.29 sections of law not been approved.
31.30 (b) This revenue is paid entirely in fiscal year 2001 based
31.31 on estimated data.
31.32 (c) By January 31, 2002, the department of children,
31.33 families, and learning shall recalculate the revenue for each
31.34 district using actual data, and shall adjust the general
31.35 education aid paid to school districts for fiscal year 2002 by
31.36 the amount of the difference between the estimated revenue and
32.1 the actual revenue.
32.2 Sec. 50. Laws 2000, chapter 489, article 2, section 39,
32.3 subdivision 2, is amended to read:
32.4 Subd. 2. [SPARSITY CORRECTION REVENUE.] For sparsity
32.5 correction revenue:
32.6 $1,030,000 ..... 2000
32.7 $ 515,000 ..... 2001
32.8 The 2000 appropriation is available until June 30, 2001.
32.9 [EFFECTIVE DATE.] This section is effective the day
32.10 following final enactment.
32.11 Sec. 51. Laws 2000, chapter 489, article 3, section 25,
32.12 subdivision 5, is amended to read:
32.13 Subd. 5. [SPECIAL EDUCATION CROSS-SUBSIDY REVENUE.] For
32.14 special education cross-subsidy revenue:
32.15 $ 7,898,000 ..... 2000
32.16 $18,396,000 ..... 2001
32.17 The 2000 appropriation is available until June 30, 2001.
32.18 [EFFECTIVE DATE.] This section is effective the day
32.19 following final enactment.
32.20 Sec. 52. [LEGISLATIVE TASK FORCE ON REDUCING THE
32.21 COMPLEXITY OF KINDERGARTEN THROUGH GRADE 12 EDUCATION FUNDING
32.22 STATUTES AND RULES.]
32.23 (a) The legislative task force on reducing the complexity
32.24 of kindergarten through grade 12 education funding consists of
32.25 13 members. The speaker of the house of representatives shall
32.26 appoint four members from the house, two of whom must be from
32.27 the minority caucus. The subcommittee on committees of the
32.28 senate committee on rules and administration shall appoint four
32.29 members from the senate, two of whom must be from the minority
32.30 caucus. The task force membership shall also consist of the
32.31 following persons or their designees:
32.32 (1) the commissioner of the department of children,
32.33 families, and learning;
32.34 (2) the executive director of the Minnesota school boards
32.35 association and the executive director of the Minnesota
32.36 association of school administrators;
33.1 (3) the executive director of the Minnesota association of
33.2 school business officials; and
33.3 (4) the parent of a school-age child appointed by the
33.4 governor.
33.5 (b) The task force shall study and make recommendations to
33.6 the legislature by January 15, 2002, on any changes in statutes
33.7 and rules needed to simplify, clarify, and reduce the complexity
33.8 of the kindergarten through grade 12 education funding system.
33.9 The task force shall consider, at least, the following in making
33.10 its recommendations for changes in statutes and rules:
33.11 (1) the extent to which funding system provisions are
33.12 readily readable and understandable;
33.13 (2) the extent to which the funding system can be
33.14 simplified;
33.15 (3) the extent to which regional variations in cost and
33.16 differentials in market-based wages affect school district
33.17 costs;
33.18 (4) how to define compensatory revenue to most effectively
33.19 meet the academic needs of poor performing students;
33.20 (5) the extent to which references to other sections or
33.21 provisions of law or rule are minimized;
33.22 (6) the extent to which definitional provisions are
33.23 incorporated in the text of the statutes or rules; and
33.24 (7) the extent to which the legislative process of funding
33.25 kindergarten through grade 12 education can be improved to
33.26 provide school districts with timely, accurate information
33.27 concerning legislative decisions.
33.28 (c) The task force shall seek the input of various
33.29 kindergarten through grade 12 education stakeholders as well as
33.30 the general public in making its recommendations. The task
33.31 force may call upon the staff of the legislature and the
33.32 department of children, families, and learning to assist with
33.33 its duties. Upon submission of its recommendations, the task
33.34 force expires.
33.35 Sec. 53. [DECLINING PUPIL UNIT AID; YELLOW MEDICINE EAST.]
33.36 Subdivision 1. [FISCAL YEAR 2002.] For fiscal year 2002,
34.1 independent school district No. 2190, Yellow Medicine East, is
34.2 eligible for tornado impact declining enrollment aid equal to
34.3 $156,000.
34.4 Subd. 2. [FISCAL YEAR 2003.] For fiscal year 2003,
34.5 independent school district No. 2190, Yellow Medicine East, is
34.6 eligible for tornado impact declining enrollment aid equal to 75
34.7 percent of the fiscal year 2002 appropriation in subdivision 1.
34.8 Subd. 3. [FISCAL YEAR 2004.] For fiscal year 2004,
34.9 independent school district No. 2190, Yellow Medicine East, is
34.10 eligible for tornado impact declining enrollment aid equal to 50
34.11 percent of the fiscal year 2002 appropriation in subdivision 1.
34.12 Subd. 4. [FISCAL YEAR 2005.] For fiscal year 2005,
34.13 independent school district No. 2190, Yellow Medicine East, is
34.14 eligible for tornado impact declining enrollment aid equal to 25
34.15 percent of the fiscal year 2002 appropriation in subdivision 1.
34.16 Sec. 54. [SUPPLEMENTAL REVENUE; ANOKA.]
34.17 For fiscal year 2002 and later, the supplemental revenue
34.18 for independent school district No. 11, Anoka, is increased by
34.19 $1,000,000.
34.20 Sec. 55. [DIRECTION TO COMMISSIONER.]
34.21 (a) The commissioner of children, families, and learning is
34.22 directed to collect the necessary data from each school district
34.23 to create a cost-based pupil transportation formula based on the
34.24 following ridership categories:
34.25 (1) regular;
34.26 (2) excess;
34.27 (3) disabled;
34.28 (4) nonpublic;
34.29 (5) desegregation;
34.30 (6) noon kindergarten;
34.31 (7) learning year summer;
34.32 (8) between schools;
34.33 (9) late activity;
34.34 (10) summer school;
34.35 (11) open enrollment;
34.36 (12) student activity trips; and
35.1 (13) enrollment options.
35.2 (b) The commissioner must recommend a cost-based pupil
35.3 transportation formula and report to the legislative committees
35.4 responsible for kindergarten through grade 12 education finance
35.5 by February 15, 2002.
35.6 (c) The commissioner is directed to identify for each
35.7 district all transportation revenues.
35.8 Sec. 56. [APPROPRIATIONS.]
35.9 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
35.10 LEARNING.] The sums indicated in this section are appropriated
35.11 from the general fund to the department of children, families,
35.12 and learning for the fiscal years designated.
35.13 Subd. 2. [GENERAL AND SUPPLEMENTAL EDUCATION AID.] For
35.14 general and supplemental education aid:
35.15 $3,369,140,000 ..... 2002
35.16 $3,465,366,000 ..... 2003
35.17 The 2002 appropriation includes $318,932,000 for 2001 and
35.18 $3,050,208,000 for 2002.
35.19 The 2003 appropriation includes $328,926,000 for 2002 and
35.20 $3,136,440,000 for 2003.
35.21 Subd. 3. [TRANSPORTATION AID FOR ENROLLMENT OPTIONS.] For
35.22 transportation of pupils attending post-secondary institutions
35.23 according to Minnesota Statutes, section 124D.09, or for
35.24 transportation of pupils attending nonresident districts
35.25 according to Minnesota Statutes, section 124D.03:
35.26 $70,000 ..... 2002
35.27 $80,000 ..... 2003
35.28 Any balance in the first year does not cancel but is
35.29 available in the second year.
35.30 Subd. 4. [ABATEMENT AID.] For abatement aid according to
35.31 Minnesota Statutes, section 127A.49:
35.32 $7,098,000 ..... 2002
35.33 $7,692,000 ..... 2003
35.34 The 2002 appropriation includes $640,000 for 2001 and
35.35 $6,458,000 for 2002.
35.36 The 2003 appropriation includes $717,000 for 2002 and
36.1 $6,975,000 for 2003.
36.2 Subd. 5. [NONPUBLIC PUPIL AID.] For nonpublic pupil
36.3 education aid according to Minnesota Statutes, sections 123.79
36.4 and 123B.40 to 123B.43:
36.5 $13,881,000 ..... 2002
36.6 $14,526,000 ..... 2003
36.7 The 2002 appropriation includes $1,330,000 for 2001 and
36.8 $12,551,000 for 2002.
36.9 The 2003 appropriation includes $1,395,000 for 2002 and
36.10 $13,131,000 for 2003.
36.11 Subd. 6. [NONPUBLIC PUPIL TRANSPORTATION.] For nonpublic
36.12 pupil transportation aid under Minnesota Statutes, section
36.13 123B.92, subdivision 9:
36.14 $20,411,000 ..... 2002
36.15 $22,276,000 ..... 2003
36.16 The 2002 appropriation includes $2,000,000 for 2001 and
36.17 $18,411,000 for 2002.
36.18 The 2003 appropriation includes $2,045,000 for 2002 and
36.19 $20,231,000 for 2003.
36.20 Subd. 7. [CONSOLIDATION TRANSITION AID.] For districts
36.21 consolidating under Minnesota Statutes, section 123A.485:
36.22 $675,000 ..... 2002
36.23 $669,000 ..... 2003
36.24 The 2002 appropriation includes $44,000 for 2001 and
36.25 $631,000 for 2002.
36.26 The 2003 appropriation includes $70,000 for 2002 and
36.27 $599,000 for 2003.
36.28 Any balance in the first year does not cancel but is
36.29 available in the second year.
36.30 Subd. 8. [TORNADO IMPACT; YELLOW MEDICINE EAST.] For a
36.31 grant to independent school district No. 2190, Yellow Medicine
36.32 East, for tornado impact declining enrollment aid:
36.33 $156,000 ..... 2002
36.34 $117,000 ..... 2003
36.35 Subd. 9. [TORNADO IMPACT; ST. PETER.] For a grant to
36.36 independent school district No. 508, St. Peter, for tornado
37.1 impact declining enrollment aid:
37.2 $455,000 ..... 2002
37.3 This grant is in lieu of funds authorized under Laws 1999,
37.4 chapter 241, article 4, section 22.
37.5 Sec. 57. [REVISOR INSTRUCTION.]
37.6 In the next and subsequent editions of Minnesota Statutes,
37.7 the revisor shall change all references to "compensatory
37.8 revenue" to "remedial revenue."
37.9 Sec. 58. [REPEALER.]
37.10 (a) Minnesota Statutes 2000, sections 123B.05; 124D.07;
37.11 126C.01, subdivision 10; 126C.16, subdivision 2; 126C.18;
37.12 126C.22; 126C.30; 126C.31; 126C.32; 126C.33; 126C.34; 126C.35;
37.13 126C.36; and 127A.44, are repealed.
37.14 (b) Minnesota Statutes 2000, sections 126C.10, subdivisions
37.15 12, 23, and 28; and 126C.17, subdivision 12, are repealed
37.16 effective for revenue for fiscal year 2002.
37.17 (c) Minnesota Statutes 2000, sections 126C.42, subdivisions
37.18 2 and 3; and 126C.47, are repealed effective for taxes payable
37.19 in 2002.
37.20 (d) Minnesota Statutes 2000, section 126C.10, subdivision
37.21 3, is repealed for revenue for fiscal year 2004 and later.
37.22 ARTICLE 2
37.23 EDUCATION EXCELLENCE
37.24 Section 1. [120B.12] [READING COMPETENCY; GRANTS.]
37.25 Subdivision 1. [LITERACY GOAL.] The legislature wants
37.26 Minnesota's children to read by the end of the third grade as
37.27 measured by the Minnesota comprehensive assessment and other
37.28 general outcome measures.
37.29 Subd. 2. [DEFINITION.] For purposes of this section, a
37.30 "district" may be a local school district, an intermediate
37.31 district, or an education district.
37.32 Subd. 3. [GRANT RECIPIENTS; CRITERIA.] The commissioner
37.33 may award up to three grants to assist charter schools and sites
37.34 in district-operated schools in achieving children's reading
37.35 competency by the end of third grade. Grant recipients must
37.36 have:
38.1 (1) expertise in early literacy and the teaching of reading
38.2 or mathematics;
38.3 (2) research-based evidence that the strategies recommended
38.4 by the grant recipient improve student performance in reading;
38.5 (3) a measurement system for teachers to use that includes
38.6 an individual student test that is reliable, easy to use, and
38.7 requires minimal time; and
38.8 (4) an accountability structure for measuring the grant
38.9 recipient's results.
38.10 Subd. 4. [GRANT REQUIREMENTS.] (a) Grant recipients also
38.11 must meet the requirements of this subdivision.
38.12 (b) Grant recipients must collaborate with the commissioner
38.13 in informing district-operated schools and charter schools about
38.14 available assistance with reading competency. In awarding a
38.15 grant, the commissioner may give highest priority to those sites
38.16 and charter schools in greatest need of assistance based on
38.17 annual yearly progress reports.
38.18 (c) A district that is a grant recipient must assist a
38.19 minimum of 50 sites, at least 30 of which must have at least 25
38.20 percent enrolled students in kindergarten through grade 3
38.21 eligible for free or reduced price lunch.
38.22 (d) Grant recipients must consult with preschool programs
38.23 including early childhood family education, learning readiness,
38.24 Head Start, child care centers, and other programs to ensure
38.25 that staff at these programs possess skills that are
38.26 research-based predictors of literacy.
38.27 (e) Grant recipients must agree with a site on the reading
38.28 results the site will achieve over a three-school year period
38.29 and on the assistance with reading competency the grant
38.30 recipient will provide. The site council or the school board if
38.31 there is no site council and the teachers at the site must
38.32 consent to the agreement.
38.33 (f) The agreement must include the timeline for a baseline
38.34 measurement of each student, the frequency that individual
38.35 student performance is measured, and the manner for reporting
38.36 data to the site and the district board.
39.1 (g) The agreement also must estimate the amount of grant
39.2 funds the district will provide to the site, including funds
39.3 allocated for site planning and collecting student performance
39.4 data, and the amount of revenue the site will contribute. The
39.5 agreement must provide that if the district fails to perform
39.6 according to the agreement, the commissioner will award to the
39.7 site the funds remaining for the site under the agreement, which
39.8 the site may use for contracting with a different reading vendor.
39.9 (h) The agreement must define the site's responsibilities.
39.10 If the site does not fulfill its responsibilities, the district
39.11 may discontinue its services to that site, inform the site of
39.12 the reason for terminating the agreement, and indicate the
39.13 funding amount expended for that site.
39.14 Subd. 5. [REPORT.] Grant recipients annually must report
39.15 to the commissioner on the results achieved at each site. The
39.16 report must include:
39.17 (1) demographic information about the students at the site;
39.18 (2) the service provided to the site;
39.19 (3) student performance data for fall, winter, and spring,
39.20 although all sites may not have fall student performance data in
39.21 the first year of the program; and
39.22 (4) the amount of grant funding expended for the site.
39.23 Subd. 6. [APPLICATION PROCESS.] The commissioner shall
39.24 award one grant by July 1, 2001. The commissioner must award
39.25 the remaining grants no later than October 1, 2001.
39.26 Sec. 2. Minnesota Statutes 2000, section 120B.13,
39.27 subdivision 1, is amended to read:
39.28 Subdivision 1. [PROGRAM STRUCTURE; TRAINING PROGRAMS FOR
39.29 TEACHERS.] (a) The advanced placement and international
39.30 baccalaureate programs are well-established academic programs
39.31 for mature, academically-directed high school students. These
39.32 programs, in addition to providing academic rigor, offer sound
39.33 curricular design, accountability, comprehensive external
39.34 assessment, feedback to students and teachers, and the
39.35 opportunity for high school students to compete academically on
39.36 a global level. Advanced placement and international
40.1 baccalaureate programs allow students to leave high school with
40.2 the academic skills and self-confidence to succeed in college
40.3 and beyond. The advanced placement and international
40.4 baccalaureate programs help provide Minnesota students with
40.5 world-class educational opportunity.
40.6 (b) Critical to schools' educational success is ongoing
40.7 advanced placement/international baccalaureate-approved teacher
40.8 training. A secondary teacher assigned by a district to teach
40.9 an advanced placement or international baccalaureate course or
40.10 other interested educator may participate in a training program
40.11 offered by the college board or International Baccalaureate
40.12 North America, Inc. The state may pay a portion of the tuition,
40.13 room, and board costs a teacher or other interested educator
40.14 incurs in participating in a training program. The commissioner
40.15 shall determine application procedures and deadlines, and select
40.16 teachers and other interested educators to participate in the
40.17 training program. The procedures determined by the commissioner
40.18 shall, to the extent possible, ensure that advanced placement
40.19 and international baccalaureate courses become available in all
40.20 parts of the state and that a variety of course offerings are
40.21 available in school districts. This subdivision does not
40.22 prevent teacher or other interested educator participation in
40.23 training programs offered by the college board or International
40.24 Baccalaureate North America, Inc., when tuition is paid by a
40.25 source other than the state.
40.26 Sec. 3. [120B.15] [INVOLUNTARY CAREER TRACKING
40.27 PROHIBITED.]
40.28 A school district may develop grade-level curricula or
40.29 provide instruction that introduces students to various careers,
40.30 but must not require any curriculum, instruction, or
40.31 employment-related activity that obligates an elementary or
40.32 secondary student to involuntarily select a career, career
40.33 interest, employment goals, or related job training.
40.34 [EFFECTIVE DATE.] This section is effective the day
40.35 following final enactment.
40.36 Sec. 4. Minnesota Statutes 2000, section 120B.30,
41.1 subdivision 1, is amended to read:
41.2 Subdivision 1. [STATEWIDE TESTING.] (a) The commissioner,
41.3 with advice from experts with appropriate technical
41.4 qualifications and experience and stakeholders, shall include in
41.5 the comprehensive assessment system, for each grade level to be
41.6 tested, a test, which shall be aligned with the state's
41.7 graduation standards and administered annually to all students
41.8 in the third, fifth, and eighth grades. All elementary and
41.9 secondary students who take a statewide math test designed for
41.10 students in grade 3, 4, 5, 6, 7, or 8 are prohibited from using
41.11 a calculator while taking such a test. The commissioner shall:
41.12 (1) ensure that all multiple choice and true/false test
41.13 items contained in a statewide test have a single correct
41.14 answer;
41.15 (2) include in test items measuring a student's reading
41.16 comprehension, a variety of print sources in addition to mass
41.17 media, including fiction or nonfiction literature;
41.18 (3) ensure that all statewide tests administered to
41.19 elementary and secondary students measure students' academic
41.20 knowledge and not students' values, attitudes, and beliefs; and
41.21 (4) establish one or more months during which schools shall
41.22 administer the tests to students each school year. Only
41.23 Minnesota basic skills tests in reading, mathematics, and
41.24 writing shall fulfill students' basic skills testing
41.25 requirements for a passing state notation. The passing scores
41.26 of the state tests in reading and mathematics are the equivalent
41.27 of:
41.28 (1) (i) 70 percent correct for students entering grade 9 in
41.29 1996; and
41.30 (2) (ii) 75 percent correct for students entering grade 9
41.31 in 1997 and thereafter, as based on the first uniform test
41.32 administration of February 1998.
41.33 Notwithstanding Minnesota Rules, part 3501.0050, subpart 2,
41.34 at the written request of a parent or guardian, and with the
41.35 recommendation of the student's teacher, a district may offer
41.36 the test of basic requirements in reading, math, or writing to
42.1 an individual student beginning in grade 5. The student must
42.2 take the same test on the same date as administered to students
42.3 in eighth grade or higher. Third and fifth grade test results
42.4 shall be available to districts for diagnostic purposes
42.5 affecting student learning and district instruction and
42.6 curriculum, and for establishing educational accountability.
42.7 The commissioner must disseminate to the public the third and
42.8 fifth grade test results upon receiving those results.
42.9 (b) In addition, at the secondary level, districts shall
42.10 assess student performance in all required learning areas and
42.11 selected required standards within each area of the profile of
42.12 learning. The testing instruments and testing process shall be
42.13 determined by the commissioner. The results shall be aggregated
42.14 at the site and district level. The testing shall be
42.15 administered beginning in the 1999-2000 school year and
42.16 thereafter.
42.17 (c) The commissioner shall report school site and school
42.18 district student academic achievement levels of the current and
42.19 two immediately preceding school years. The report shall
42.20 include students' unweighted mean test scores in each tested
42.21 subject, the unweighted mean test scores of only those students
42.22 enrolled in the school by January 1 of the previous school year,
42.23 and the unweighted test scores of all students except those
42.24 students receiving limited English proficiency instruction. The
42.25 report also shall record separately, in proximity to the
42.26 reported performance levels, the percentages of students who are
42.27 eligible to receive a free or reduced price school meal,
42.28 demonstrate limited English proficiency, or are eligible to
42.29 receive special education services.
42.30 (d) In addition to the testing and reporting requirements
42.31 under paragraphs (a), (b), and (c), the commissioner shall
42.32 include the following components in the statewide public
42.33 reporting system:
42.34 (1) uniform statewide testing of all third, fifth, eighth,
42.35 and post-eighth grade students that provides exemptions, only
42.36 with parent or guardian approval, for those very few students
43.1 for whom the student's individual education plan team under
43.2 sections 125A.05 and 125A.06, determines that the student is
43.3 incapable of taking a statewide test, or for a limited English
43.4 proficiency student under section 124D.59, subdivision 2, if the
43.5 student has been in the United States for fewer than 12 months
43.6 and for whom special language barriers exist, such as the
43.7 student's native language does not have a written form or the
43.8 district does not have access to appropriate interpreter
43.9 services for the student's native language;
43.10 (2) educational indicators that can be aggregated and
43.11 compared across school districts and across time on a statewide
43.12 basis, including average daily attendance, high school
43.13 graduation rates, and high school drop-out rates by age and
43.14 grade level;
43.15 (3) students' scores on the American College Test; and
43.16 (4) participation in the National Assessment of Educational
43.17 Progress so that the state can benchmark its performance against
43.18 the nation and other states, and, where possible, against other
43.19 countries, and contribute to the national effort to monitor
43.20 achievement.
43.21 (e) Districts must report exemptions under paragraph (d),
43.22 clause (1), to the commissioner consistent with a format
43.23 provided by the commissioner.
43.24 (f) The commissioner shall make a student's test results,
43.25 including the student's individual test, on all statewide tests
43.26 available to the student's school district and the student's
43.27 parent or guardian.
43.28 [EFFECTIVE DATE.] This section is effective the day
43.29 following final enactment.
43.30 Sec. 5. [120B.32] [SCHOOL DISTRICT SYSTEM ACCOUNTABILITY
43.31 AND EDUCATIONAL IMPROVEMENT PLAN.]
43.32 Subdivision 1. [QUALIFYING PLAN.] A district may develop a
43.33 system accountability and educational improvement plan. The
43.34 plan must establish comprehensive measures of school district,
43.35 school site, teacher, and individual student performance
43.36 consistent with subdivisions 2 to 5.
44.1 Subd. 2. [DISTRICT ACCOUNTABILITY.] A school board must
44.2 approve a system accountability and educational improvement
44.3 plan. The plan must indicate the data and measures needed for
44.4 improving educational performance within the district, including
44.5 baseline data, performance goals, and benchmarks accompanied by
44.6 specific dates for meeting those benchmarks. A district's
44.7 performance goals must include student achievement goals and may
44.8 include other performance goals such as improved school
44.9 attendance, student discipline, school safety, or parent
44.10 involvement, or enhancing the knowledge and skills of school
44.11 staff. The plan also must describe the methods for developing,
44.12 reviewing, and implementing means to improve educational
44.13 performance at each school site located within the district.
44.14 Subd. 3. [SCHOOL SITE ACCOUNTABILITY.] Each school site
44.15 must develop a board-approved accountability and educational
44.16 improvement plan that is aligned with the performance goals
44.17 contained in the school district accountability and educational
44.18 improvement plan. While a site plan must be consistent with the
44.19 district accountability plan, it may establish performance goals
44.20 and benchmarks that meet or exceed those of the district.
44.21 Subd. 4. [TEACHER ACCOUNTABILITY.] A district's
44.22 accountability and educational improvement plan must identify
44.23 the district's plan to assess teacher performance. The plan
44.24 must include clearly defined, research-based teacher
44.25 professional development standards that permit objective
44.26 assessment, including classroom observation, consistent with
44.27 district goals for instruction. The exclusive bargaining
44.28 representative of the teachers and the school board must agree
44.29 to the plan. The plan may include:
44.30 (1) teacher professional development standards that
44.31 emphasize content;
44.32 (2) staff development opportunities for teachers to attain
44.33 teacher professional development standards; or
44.34 (3) standards and procedures for assessing teachers'
44.35 professional practice.
44.36 The teacher professional development standards must be
45.1 sufficiently rigorous to effect meaningful professional
45.2 development and improvement.
45.3 Subd. 5. [STUDENT ACCOUNTABILITY.] A district's system
45.4 accountability and educational improvement plan must include
45.5 comprehensive measures of student performance and a list of
45.6 assessment tools the district will use to determine student
45.7 performance.
45.8 [EFFECTIVE DATE.] This section is effective the day
45.9 following final enactment.
45.10 Sec. 6. [120B.33] [ALTERNATIVE TEACHER COMPENSATION;
45.11 ACCOUNTABILITY AND EDUCATIONAL IMPROVEMENT.]
45.12 Subdivision 1. [RESTRUCTURED SYSTEM ESTABLISHED.] A
45.13 restructured teacher compensation system is established to
45.14 provide incentives for teachers to continuously improve their
45.15 knowledge and skills, for school districts to successfully
45.16 recruit and retain highly qualified teachers, and to support
45.17 teachers' roles in improving students' educational achievement.
45.18 Subd. 2. [TEACHER PROFESSIONAL PAY LADDER.] (a) In order
45.19 to qualify for funding under this section, all of a district's
45.20 eligible probationary teachers defined in paragraph (c) must be
45.21 compensated according to the teacher professional pay ladder
45.22 schedule instead of the existing step and lane salary schedule.
45.23 The professional pay ladder is as described in this section. A
45.24 district must include in a teacher professional pay ladder
45.25 schedule the conditions needed for a teacher to advance to each
45.26 subsequent progression. The schedule and conditions must be
45.27 developed in collaboration with the exclusive bargaining
45.28 representative of the teachers and approved by the school
45.29 board. The restructured teacher compensation system must
45.30 accurately and adequately reflect teachers' level of content
45.31 knowledge and general pedagogy, include professional standards
45.32 of best practices, and promote professional growth and
45.33 expertise. The professional pay ladder must contain an
45.34 evaluation mechanism at each subsequent progression that is
45.35 aligned with teacher accountability provisions in section
45.36 120B.32, subdivision 4.
46.1 (b) The restructured teacher compensation system may
46.2 provide compensation increases to teachers who attain additional
46.3 relevant knowledge and skills.
46.4 (c) All teachers with fewer than three years of teaching
46.5 experience who are newly hired in a district that implements a
46.6 professional pay ladder must be placed on the professional pay
46.7 ladder.
46.8 Subd. 3. [ADDITIONAL DAYS FOR ELIGIBLE PROBATIONARY
46.9 TEACHER INDUCTION AND MENTORING.] (a) To be eligible to
46.10 implement a restructured teacher compensation system,
46.11 participating teachers, which must include eligible probationary
46.12 teachers, and school districts must agree to increase by at
46.13 least ten days per school year the number of days devoted to
46.14 staff development activities. The ten additional days must be:
46.15 (1) the equivalent in hours of ten school days, consistent
46.16 with section 120A.41; and
46.17 (2) calculated in terms of the number of days that teachers
46.18 with continuing contract or tenure rights must work.
46.19 Teachers and school districts must use the additional days for
46.20 establishing and implementing a new teacher induction and
46.21 mentoring program that provides continuous learning
46.22 opportunities, ongoing orientation, and sustained teacher
46.23 support. Teachers and school districts may schedule some
46.24 additional days during the school year.
46.25 (b) Teachers and school districts are encouraged to use the
46.26 resources of existing educational institutions and organizations
46.27 to establish and implement the program.
46.28 (c) Teachers and school districts may extend the work year
46.29 of nonparticipating teachers in order to provide induction and
46.30 mentoring activities for peer review and assessment, and for
46.31 professional development that aligns with the district's
46.32 accountability system if the exclusive bargaining representative
46.33 of the teachers and the school board agree to the terms and
46.34 conditions under which to extend the work year of
46.35 nonparticipating teachers providing the mentoring.
46.36 [EFFECTIVE DATE.] This section is effective the day
47.1 following final enactment.
47.2 Sec. 7. [120B.34] [ALTERNATIVE COMPENSATION AID.]
47.3 A school district that meets the conditions of section
47.4 120B.33 is eligible for alternative compensation aid.
47.5 Alternative compensation aid for a qualifying school district
47.6 equals $2,000 times the number of eligible probationary teachers
47.7 teaching in the school district during the current school year
47.8 plus $500 times the number of nonprobationary teachers providing
47.9 induction and mentoring activities for peer review and
47.10 assessment during the current school year. For purposes of this
47.11 section, the number of eligible probationary teachers includes
47.12 any nontenured licensed teacher or licensed teacher without a
47.13 continuing contract who is working at least 60 percent of a
47.14 full-time teacher's hours. This aid is available to a school
47.15 district only after the school board and the exclusive
47.16 bargaining representative of the teachers sign and submit to the
47.17 commissioner of the department of children, families, and
47.18 learning a written statement that they have developed an
47.19 alternative teacher compensation proposal based on the system
47.20 accountability and educational improvement plan under section
47.21 120B.32. The aid received under this section must be used for
47.22 activities under section 120B.33, subdivision 3.
47.23 [EFFECTIVE DATE.] This section is effective July 1, 2002.
47.24 Sec. 8. Minnesota Statutes 2000, section 120B.35, is
47.25 amended to read:
47.26 120B.35 [STUDENT ACADEMIC ACHIEVEMENT LEVELS.]
47.27 Subdivision 1. [VALUE ADDED ASSESSMENT.] (a) "Value added
47.28 assessment" is the basis for defining adequate yearly progress
47.29 and for determining student achievement levels and has the
47.30 components described in paragraphs (b), (c), and (d).
47.31 (b) A value added assessment is a statistical system for
47.32 assessing educational outcomes that relies on measures of
47.33 student learning to estimate teacher, school, and school
47.34 district statistical distributions. The system uses available
47.35 and appropriate data as input to explain differences in prior
47.36 student attainment so that the impact of the teacher, school,
48.1 and school district on a student's educational progress is
48.2 estimated on a constant student attainment basis. The impact
48.3 that a teacher, school, or school district has on a student's
48.4 progress, or lack of progress, in making educational
48.5 advancements or acquiring learning is the "effect" of the
48.6 teacher, school, or school district on a student's educational
48.7 progress.
48.8 (c) The system includes mixed model methodologies that
48.9 provide linear unbiased prediction for the effect of the
48.10 teacher, school, and school district on the student's
48.11 educational progress. The system adequately provides these
48.12 estimates for classrooms where a single teacher teaches multiple
48.13 subjects to the same group of students, for team teaching
48.14 arrangements, and for other teaching circumstances.
48.15 (d) In order to minimize ceiling and floor effects, the
48.16 metrics used to measure student learning are linear scales that
48.17 cover the entire range of subjects contained in a school's
48.18 academic curriculum. A strong relationship exists between the
48.19 metrics and the academic curriculum for the applicable grade
48.20 level and subject.
48.21 Subd. 2. [STUDENT ACHIEVEMENT LEVELS.] (a) Consistent with
48.22 subdivision 1, each school year, a school district must
48.23 determine if the student achievement levels at each school site
48.24 meet state and local expectations. If student achievement
48.25 levels at a school site do not meet state and local expectations
48.26 for two out of three consecutive school years, beginning with
48.27 the 2000-2001 school year, the district must work with the
48.28 school site to adopt a plan to raise student achievement levels
48.29 to meet state and local expectations. The legislature will
48.30 determine state expectations after receiving a recommendation
48.31 from the commissioner of children, families, and learning.
48.32 (b) The department, at a district's request, must assist
48.33 the district and the school site in developing a plan to improve
48.34 student achievement. The plan must include parental involvement
48.35 components.
48.36 [EFFECTIVE DATE.] This section is effective for the
49.1 2001-2002 school year and later.
49.2 Sec. 9. Minnesota Statutes 2000, section 121A.11, is
49.3 amended by adding a subdivision to read:
49.4 Subd. 3. [PLEDGE OF ALLEGIANCE.] (a) All public and
49.5 charter school students shall recite the pledge of allegiance to
49.6 the flag of the United States of America one or more times each
49.7 week. The recitation shall be conducted:
49.8 (1) by each individual classroom teacher or the teacher's
49.9 surrogate; or
49.10 (2) over a school intercom system by a person designated by
49.11 the school principal or other person having administrative
49.12 control over the school.
49.13 A local school board or a charter school board of directors
49.14 annually, by majority vote, may waive this requirement.
49.15 (b) Any student or teacher who objects to reciting the
49.16 pledge must be excused from participating without penalty.
49.17 (c) A local school board or a charter school board of
49.18 directors that waives the requirement to recite the pledge of
49.19 allegiance under paragraph (a) may adopt a district or school
49.20 policy regarding the reciting of the pledge of allegiance.
49.21 [EFFECTIVE DATE.] This section is effective the day
49.22 following final enactment.
49.23 Sec. 10. Minnesota Statutes 2000, section 121A.11, is
49.24 amended by adding a subdivision to read:
49.25 Subd. 4. [INSTRUCTION.] Unless this requirement is waived
49.26 annually by a majority vote of the school board, a school
49.27 district must instruct students in the proper etiquette toward,
49.28 correct display of, and respect for the flag, and in patriotic
49.29 exercises. The instruction must be part of the district's fifth
49.30 grade social studies curriculum.
49.31 [EFFECTIVE DATE.] This section is effective the day
49.32 following final enactment. Each school district must begin the
49.33 instruction required under this section no later than the
49.34 2002-2003 school year.
49.35 Sec. 11. Minnesota Statutes 2000, section 121A.45,
49.36 subdivision 2, is amended to read:
50.1 Subd. 2. [GROUNDS FOR DISMISSAL.] A pupil may be dismissed
50.2 on any of the following grounds:
50.3 (a) willful violation of any reasonable school board
50.4 regulation. Such regulation must be clear and definite to
50.5 provide notice to pupils that they must conform their conduct to
50.6 its requirements;
50.7 (b) willful conduct that materially and
50.8 substantially significantly disrupts the rights of others to an
50.9 education, or the ability of school personnel to perform their
50.10 duties, or school sponsored extracurricular activities; or
50.11 (c) willful conduct that endangers the pupil or other
50.12 pupils, or surrounding persons, including school district
50.13 employees, or property of the school.
50.14 Sec. 12. Minnesota Statutes 2000, section 121A.45, is
50.15 amended by adding a subdivision to read:
50.16 Subd. 3. [PARENT NOTIFICATION AND MEETING.] If a pupil's
50.17 total days of removal from school exceeds ten cumulative days in
50.18 a school year, the school district shall make reasonable
50.19 attempts to convene a meeting with the pupil and the pupil's
50.20 parent or guardian prior to subsequently removing the pupil from
50.21 school. The purpose of this meeting is to attempt to determine
50.22 the pupil's need for assessment or other services.
50.23 Sec. 13. Minnesota Statutes 2000, section 121A.582, is
50.24 amended to read:
50.25 121A.582 [STUDENT DISCIPLINE; REASONABLE FORCE.]
50.26 Subdivision 1. [REASONABLE FORCE STANDARD.] (a) A
50.27 teacher or school principal, in exercising the person's lawful
50.28 authority, may use reasonable force when it is necessary under
50.29 the circumstances to correct or restrain a student or prevent
50.30 bodily harm or death to another.
50.31 (b) A school employee, school bus driver, or other agent of
50.32 a district, in exercising the person's lawful authority, may use
50.33 reasonable force when it is necessary under the circumstances to
50.34 restrain a student or prevent bodily harm or death to another.
50.35 (c) Paragraphs (a) and (b) do not authorize conduct
50.36 prohibited under sections 121A.58 and 121A.67.
51.1 Subd. 2. [CIVIL LIABILITY.] (a) A teacher or school
51.2 principal who, in the exercise of the person's lawful authority,
51.3 uses reasonable force under the standard in subdivision 1,
51.4 paragraph (a), has a defense against a civil action for damages
51.5 under section 123B.25.
51.6 (b) A school employee, bus driver, or other agent of a
51.7 district who, in the exercise of the person's lawful authority,
51.8 uses reasonable force under the standard in subdivision 1,
51.9 paragraph (b), has a defense against a civil action for damages
51.10 under section 123B.25.
51.11 Subd. 3. [CRIMINAL PROSECUTION.] (a) A teacher or school
51.12 principal who, in the exercise of the person's lawful authority,
51.13 uses reasonable force under the standard in subdivision 1,
51.14 paragraph (a), has a defense against a criminal prosecution
51.15 under section 609.06, subdivision 1.
51.16 (b) A school employee, bus driver, or other agent of a
51.17 district who, in the exercise of the person's lawful authority,
51.18 uses reasonable force under the standard in subdivision 1,
51.19 paragraph (b), has a defense against a criminal prosecution
51.20 under section 609.06, subdivision 1.
51.21 Subd. 4. [SUPPLEMENTARY RIGHTS AND DEFENSES.] Any right or
51.22 defense in this section is supplementary to those specified in
51.23 section 121A.58, 121A.67, 123B.25, or 609.06, subdivision 1.
51.24 [EFFECTIVE DATE.] This section is effective the day
51.25 following final enactment.
51.26 Sec. 14. Minnesota Statutes 2000, section 121A.61,
51.27 subdivision 2, is amended to read:
51.28 Subd. 2. [GROUNDS FOR REMOVAL FROM CLASS.] The policy must
51.29 establish the various grounds for which a student may be removed
51.30 from a class in the district for a period of time pursuant
51.31 to under the procedures specified in the policy. The policy
51.32 must include a procedure for notifying and meeting with a
51.33 student's parent or guardian to discuss the problem that is
51.34 causing the student to be removed from class after the student
51.35 has been removed from class more than ten times in one school
51.36 year. The grounds in the policy must include at least the
52.1 following provisions as well as other grounds determined
52.2 appropriate by the board:
52.3 (a) willful conduct which materially and substantially that
52.4 significantly disrupts the rights of others to an education,
52.5 including conduct that interferes with a teacher's ability to
52.6 teach or communicate effectively with students in a class or
52.7 with the ability of other students to learn;
52.8 (b) willful conduct which that endangers surrounding
52.9 persons, including school district employees, the student or
52.10 other students, or the property of the school; and
52.11 (c) willful violation of any rule of conduct specified in
52.12 the discipline policy adopted by the board.
52.13 Sec. 15. Minnesota Statutes 2000, section 122A.06, is
52.14 amended by adding a subdivision to read:
52.15 Subd. 4. [COMPREHENSIVE, SCIENTIFICALLY BASED READING
52.16 INSTRUCTION.] "Comprehensive, scientifically based reading
52.17 instruction" includes instruction and practice in phonemic
52.18 awareness, phonics and other word-recognition skills, and guided
52.19 oral reading for beginning readers, as well as extensive silent
52.20 reading, vocabulary instruction, instruction in comprehension,
52.21 and instruction that fosters understanding and higher-order
52.22 thinking for readers of all ages and proficiency levels.
52.23 Sec. 16. Minnesota Statutes 2000, section 122A.09,
52.24 subdivision 4, is amended to read:
52.25 Subd. 4. [LICENSE AND RULES.] (a) The board must adopt
52.26 rules to license public school teachers and interns subject to
52.27 chapter 14.
52.28 (b) The board must adopt rules requiring a person to
52.29 successfully complete a skills examination in reading, writing,
52.30 and mathematics as a requirement for initial teacher licensure.
52.31 Such rules must require college and universities offering a
52.32 board approved teacher preparation program to provide remedial
52.33 assistance to persons who did not achieve a qualifying score on
52.34 the skills examination, including those for whom English is a
52.35 second language.
52.36 (c) The board must adopt rules to approve teacher
53.1 preparation programs. The board, upon the request of a
53.2 post-secondary student preparing for teacher licensure or a
53.3 licensed graduate of a teacher preparation program, shall assist
53.4 in resolving a dispute between the person and a post-secondary
53.5 institution providing a teacher preparation program when the
53.6 dispute involves an institution's recommendation for licensure
53.7 affecting the person or the person's credentials. At the
53.8 board's discretion, assistance may include the application of
53.9 chapter 14.
53.10 (d) The board must provide the leadership and shall adopt
53.11 rules for the redesign of teacher education programs to
53.12 implement a research based, results-oriented curriculum that
53.13 focuses on the skills teachers need in order to be effective.
53.14 The board shall implement new systems of teacher preparation
53.15 program evaluation to assure program effectiveness based on
53.16 proficiency of graduates in demonstrating attainment of program
53.17 outcomes.
53.18 (e) The board must adopt rules requiring successful
53.19 completion of an examination of general pedagogical knowledge
53.20 and examinations of licensure-specific teaching skills. The
53.21 rules shall be effective on the dates determined by the board,
53.22 but not later than September 1, 2001.
53.23 (f) The board must adopt rules requiring teacher educators
53.24 to work directly with elementary or secondary school teachers in
53.25 elementary or secondary schools to obtain periodic exposure to
53.26 the elementary or secondary teaching environment.
53.27 (g) The board must grant licenses to interns and to
53.28 candidates for initial licenses.
53.29 (h) The board must design and implement an assessment
53.30 system which requires a candidate for an initial license and
53.31 first continuing license to demonstrate the abilities necessary
53.32 to perform selected, representative teaching tasks at
53.33 appropriate levels.
53.34 (i) The board must receive recommendations from local
53.35 committees as established by the board for the renewal of
53.36 teaching licenses.
54.1 (j) The board must grant life licenses to those who qualify
54.2 according to requirements established by the board, and suspend
54.3 or revoke licenses pursuant to sections 122A.20 and 214.10. The
54.4 board must not establish any expiration date for application for
54.5 life licenses.
54.6 (k) The board must adopt rules that require all licensed
54.7 teachers who are renewing their continuing license to include in
54.8 their renewal requirements further preparation in the areas of
54.9 using positive behavior interventions and in accommodating,
54.10 modifying, and adapting curricula, materials, and strategies to
54.11 appropriately meet the needs of individual students and ensure
54.12 adequate progress toward the state's graduation rule. The rules
54.13 adopted under this paragraph apply to teachers who renew their
54.14 licenses in year 2001 and later.
54.15 (l) In adopting rules to license public school teachers who
54.16 provide health-related services for disabled children, the board
54.17 shall adopt rules consistent with license or registration
54.18 requirements of the commissioner of health and the
54.19 health-related boards who license personnel who perform similar
54.20 services outside of the school.
54.21 (m) The board must adopt rules that require all licensed
54.22 teachers who are renewing their continuing license to include in
54.23 their renewal requirements further reading preparation,
54.24 consistent with section 122A.06, subdivision 4. The rules do
54.25 not take effect until they are approved by law.
54.26 [EFFECTIVE DATE.] This section is effective for teachers
54.27 who renew their licenses in year 2004 and later.
54.28 Sec. 17. Minnesota Statutes 2000, section 122A.18,
54.29 subdivision 2, is amended to read:
54.30 Subd. 2. [TEACHER AND SUPPORT PERSONNEL QUALIFICATIONS.]
54.31 (a) The board of teaching must issue licenses under its
54.32 jurisdiction to persons the board finds to be qualified and
54.33 competent for their respective positions.
54.34 (b) The board must require a person to successfully
54.35 complete an examination of skills in reading, writing, and
54.36 mathematics before being granted an initial teaching license to
55.1 provide direct instruction to pupils in prekindergarten,
55.2 elementary, secondary, or special education programs. The board
55.3 must require colleges and universities offering a board approved
55.4 teacher preparation program to provide remedial assistance that
55.5 includes a formal diagnostic component to persons enrolled in
55.6 their institution who did not achieve a qualifying score on the
55.7 skills examination, including those for whom English is a second
55.8 language. The colleges and universities must provide assistance
55.9 in the specific academic areas of deficiency in which the person
55.10 did not achieve a qualifying score. School districts must
55.11 provide similar, appropriate, and timely remedial assistance
55.12 that includes a formal diagnostic component and mentoring to
55.13 those persons employed by the district who completed their
55.14 teacher education program outside the state of Minnesota,
55.15 received a one-year license to teach in Minnesota and did not
55.16 achieve a qualifying score on the skills examination, including
55.17 those persons for whom English is a second language. The board
55.18 of teaching shall report annually to the education committees of
55.19 the legislature on the total number of teacher candidates during
55.20 the most recent school year taking the skills examination, the
55.21 number who achieve a qualifying score on the examination, the
55.22 number who do not achieve a qualifying score on the examination,
55.23 the distribution of all candidates' scores, the number of
55.24 candidates who have taken the examination at least once before,
55.25 and the number of candidates who have taken the examination at
55.26 least once before and achieve a qualifying score.
55.27 (c) A person who has completed an approved teacher
55.28 preparation program and obtained a one-year license to teach,
55.29 but has not successfully completed the skills examination, may
55.30 renew the one-year license for two additional one-year periods.
55.31 Each renewal of the one-year license is contingent upon the
55.32 licensee:
55.33 (1) providing evidence of participating in an approved
55.34 remedial assistance program provided by a school district or
55.35 post-secondary institution that includes a formal diagnostic
55.36 component in the specific areas in which the licensee did not
56.1 obtain qualifying scores; and
56.2 (2) attempting to successfully complete the skills
56.3 examination during the period of each one-year license.
56.4 (d) The board of teaching must grant continuing licenses
56.5 only to those persons who have met board criteria for granting a
56.6 continuing license, which includes successfully completing the
56.7 skills examination in reading, writing, and mathematics.
56.8 (e) All colleges and universities approved by the board of
56.9 teaching to prepare persons for teacher licensure must include
56.10 in their teacher preparation programs a common core of teaching
56.11 knowledge and skills to be acquired by all persons recommended
56.12 for teacher licensure. This common core shall meet the
56.13 standards developed by the interstate new teacher assessment and
56.14 support consortium in its 1992 "model standards for beginning
56.15 teacher licensing and development." Amendments to standards
56.16 adopted under this paragraph are covered by chapter 14. The
56.17 board of teaching shall report annually to the education
56.18 committees of the legislature on the performance of teacher
56.19 candidates on common core assessments of knowledge and skills
56.20 under this paragraph during the most recent school year.
56.21 [EFFECTIVE DATE.] This section is effective for the
56.22 2001-2002 school year and later.
56.23 Sec. 18. Minnesota Statutes 2000, section 122A.18,
56.24 subdivision 2a, is amended to read:
56.25 Subd. 2a. [READING STRATEGIES.] (a) All colleges and
56.26 universities approved by the board of teaching to prepare
56.27 persons for classroom teacher licensure must include in their
56.28 teacher preparation programs reading best practices that enable
56.29 classroom teacher licensure candidates to know how to teach
56.30 reading, such as phonics or other research-based best practices.
56.31 (b) Colleges and universities offering board-approved
56.32 teacher preparation programs must require instruction in the
56.33 application of comprehensive, scientifically based reading
56.34 instruction programs, as defined in section 122A.06, subdivision
56.35 4.
56.36 [EFFECTIVE DATE.] This section is effective for candidates
57.1 for initial licensure in year 2004 and later.
57.2 Sec. 19. Minnesota Statutes 2000, section 122A.18, is
57.3 amended by adding a subdivision to read:
57.4 Subd. 2b. [READING SPECIALIST.] Not later than July 1,
57.5 2002, the board of teaching must adopt rules providing for the
57.6 licensure of reading teachers.
57.7 Sec. 20. Minnesota Statutes 2000, section 122A.61,
57.8 subdivision 1, is amended to read:
57.9 Subdivision 1. [STAFF DEVELOPMENT REVENUE.] (a) A district
57.10 is required to reserve revenue for staff development purposes.
57.11 An amount equal to at least one percent of the basic revenue
57.12 under section 126C.10, subdivision 2, must be reserved for
57.13 teacher mentoring and teacher induction programs according to
57.14 paragraph (d) and an amount equal to at least two one percent of
57.15 the basic revenue under section 126C.10, subdivision 2, must be
57.16 reserved for in-service education for programs under section
57.17 120B.22, subdivision 2, for staff development plans, including
57.18 plans for challenging instructional activities and experiences
57.19 under section 122A.60, and for curriculum development and
57.20 programs, other in-service education, teachers' workshops,
57.21 teacher conferences, the cost of substitute teachers staff
57.22 development purposes, and other related costs for staff
57.23 development efforts.
57.24 (b) A district may annually waive the requirement to
57.25 reserve their basic revenue under this section if a majority
57.26 vote of the licensed teachers in the district and a majority
57.27 vote of the school board agree to a resolution to waive the
57.28 requirement. A district in statutory operating debt is exempt
57.29 from reserving basic revenue according to this section.
57.30 Districts may expend an additional amount of unreserved revenue
57.31 for staff development based on their needs.
57.32 (c) With the exception of amounts reserved for new teacher
57.33 mentoring and teacher induction programs, and staff development
57.34 from revenues allocated directly to school sites, the board must
57.35 initially allocate 50 percent of the reserved revenue to each
57.36 school site in the district on a per teacher basis, which must
58.1 be retained by the school site until used. The board may retain
58.2 25 percent to be used for district wide staff development
58.3 efforts. The remaining 25 percent of the revenue must be used
58.4 to make grants to school sites for best practices methods. A
58.5 grant may be used for any purpose authorized under section
58.6 120B.22, subdivision 2, 122A.60, or for the costs of curriculum
58.7 development and programs, other in-service education, teachers'
58.8 workshops, teacher conferences, substitute teachers for staff
58.9 development purposes, and other staff development efforts, and
58.10 determined by the site professional development team. The site
58.11 professional development team must demonstrate to the school
58.12 board the extent to which staff at the site have met the
58.13 outcomes of the program. The board may withhold a portion of
58.14 initial allocation of revenue if the staff development outcomes
58.15 are not being met.
58.16 (d) A school district must use its reserved revenue for
58.17 teacher mentoring and teacher induction programs to serve
58.18 teachers who have taught five or fewer years in the school
58.19 district. Teacher mentoring and induction activities include
58.20 programs designed to train teachers to serve as mentors, provide
58.21 ongoing peer coaching and assessment, assist in developing
58.22 individual professional development plans, and offer other
58.23 structured learning experiences to new teachers.
58.24 [EFFECTIVE DATE.] This section is effective for revenue for
58.25 fiscal year 2002 and later.
58.26 Sec. 21. [122A.76] [BEST PRACTICES.]
58.27 "Best practices" means research-based proven practices.
58.28 Sec. 22. Minnesota Statutes 2000, section 123B.03,
58.29 subdivision 3, is amended to read:
58.30 Subd. 3. [DEFINITIONS.] For purposes of this section:
58.31 (a) "School" means a school as defined in section 120A.22,
58.32 subdivision 4, except a home-school, and includes a school
58.33 receiving tribal contract or grant school aid under section
58.34 124D.83; school, for the purposes of this section, also means a
58.35 service cooperative, a special education cooperative, or an
58.36 education district under Minnesota Statutes 1997 Supplement,
59.1 section 123.35, a charter school under section 124D.10, and a
59.2 joint powers district under section 471.59.
59.3 (b) "School hiring authority" means the school principal or
59.4 other person having general control and supervision of the
59.5 school.
59.6 Sec. 23. [123B.305] [REASONABLE ACCESS; DISTRIBUTION OF
59.7 WRITTEN MATERIALS; OFF-TIME USE OF SCHOOL FACILITIES.]
59.8 (a) A public school may adopt a policy to give community
59.9 organizations that provide programs or services to children or
59.10 youth with reasonable access to the school's facilities for the
59.11 purpose of distributing written materials appropriate to the
59.12 school setting. A district is not required to distribute
59.13 written materials that disrupt the school's educational
59.14 program. A school must not deny a community organization
59.15 reasonable access under this paragraph based on the
59.16 organization's membership, policies or ideological views.
59.17 (b) A public school must apply the same conditions to all
59.18 community organizations that seek off-time use of the school's
59.19 facilities and must not deny an organization access to the
59.20 school's facilities because of the organization's membership,
59.21 policies or ideological views.
59.22 [EFFECTIVE DATE.] This section is effective the day
59.23 following final enactment.
59.24 Sec. 24. Minnesota Statutes 2000, section 124D.10, is
59.25 amended by adding a subdivision to read:
59.26 Subd. 3a. [CONFLICT OF INTEREST.] (a) A member of a
59.27 charter school board of directors is prohibited from serving as
59.28 a member of the board of directors or as an employee or agent of
59.29 or a contractor with an entity with whom the charter school
59.30 contracts, directly or indirectly, for professional services,
59.31 goods, or facilities. A violation of this prohibition renders a
59.32 contract voidable at the option of the commissioner. A member
59.33 of a charter school board of directors who violates this
59.34 prohibition shall be individually liable to the charter school
59.35 for any damage caused by the violation.
59.36 (b) An individual may serve as a member of the board of
60.1 directors if no conflict of interest under paragraph (a) exists.
60.2 (c) The conflict of interest provisions under this
60.3 subdivision do not apply to the standard compensation paid to a
60.4 teacher employed by the charter school who also serves as a
60.5 member of the board of directors.
60.6 [EFFECTIVE DATE.] This section is effective for the
60.7 2001-2002 school year and following.
60.8 Sec. 25. Minnesota Statutes 2000, section 124D.10,
60.9 subdivision 4, is amended to read:
60.10 Subd. 4. [FORMATION OF SCHOOL.] (a) A sponsor may
60.11 authorize one or more licensed teachers under section 122A.18,
60.12 subdivision 1, to operate a charter school subject to approval
60.13 by the commissioner. A board must vote on charter school
60.14 application for sponsorship no later than 90 days after
60.15 receiving the application. After 90 days, the applicant may
60.16 apply to the commissioner. If a board elects not to sponsor a
60.17 charter school, the applicant may appeal the board's decision to
60.18 the commissioner. If the commissioner authorizes the school,
60.19 the commissioner must sponsor the school according to this
60.20 section. The school must be organized and operated as a
60.21 cooperative under chapter 308A or nonprofit corporation under
60.22 chapter 317A and the provisions under the applicable chapter
60.23 shall apply to the school except as provided in this section.
60.24 (b) Before the operators may form and operate a school, the
60.25 sponsor must file an affidavit with the commissioner stating its
60.26 intent to authorize a charter school. The affidavit must state
60.27 the terms and conditions under which the sponsor would authorize
60.28 a charter school. The commissioner must approve or disapprove
60.29 the sponsor's proposed authorization within 60 days of receipt
60.30 of the affidavit. Failure to obtain commissioner approval
60.31 precludes a sponsor from authorizing the charter school that was
60.32 the subject of the affidavit.
60.33 (c) The operators authorized to organize and operate a
60.34 school, before entering into a contract or other agreement for
60.35 professional or other services, goods, or facilities, must hold
60.36 an election for members of the school's board of directors in a
61.1 timely manner after the school is operating incorporate as a
61.2 cooperative under chapter 308A or as a nonprofit corporation
61.3 under chapter 317A and must establish a board of directors
61.4 composed of at least five members until a timely election for
61.5 members of the charter school board of directors is held
61.6 according to the school's articles and bylaws. A charter school
61.7 board of directors must be composed of at least seven members.
61.8 Any staff members who are employed at the school, including
61.9 teachers providing instruction under a contract with a
61.10 cooperative, and all parents of children enrolled in the school
61.11 may participate in the election for members of the school's
61.12 board of directors. Licensed teachers employed at the school,
61.13 including teachers providing instruction under a contract with a
61.14 cooperative, must be a majority of the members of the board of
61.15 directors before the school completes its third year of
61.16 operation, unless the commissioner waives the requirement
61.17 for the school a majority of licensed teachers on the board. A
61.18 provisional board may operate before the election of the
61.19 school's board of directors. Board of director meetings must
61.20 comply with chapter 13D.
61.21 (d) The granting or renewal of a charter by a sponsoring
61.22 entity must not be conditioned upon the bargaining unit status
61.23 of the employees of the school.
61.24 (e) The state board for charter schools annually must
61.25 provide timely financial management training to newly elected
61.26 members of a charter school board of directors and ongoing
61.27 training to other members of a charter school board of
61.28 directors. Training must address ways to:
61.29 (1) proactively assess opportunities for a charter school
61.30 to maximize all available revenue sources;
61.31 (2) establish and maintain complete, auditable records for
61.32 the charter school;
61.33 (3) establish proper filing techniques;
61.34 (4) document formal actions of the charter school,
61.35 including meetings of the charter school board of directors;
61.36 (5) properly manage and retain charter school and student
62.1 records;
62.2 (6) comply with state and federal payroll recordkeeping
62.3 requirements; and
62.4 (7) address other similar factors that facilitate
62.5 establishing and maintaining complete records on the charter
62.6 school's operations.
62.7 [EFFECTIVE DATE.] This section is effective for the
62.8 2001-2002 school year and later.
62.9 Sec. 26. Minnesota Statutes 2000, section 124D.10, is
62.10 amended by adding a subdivision to read:
62.11 Subd. 6a. [AUDIT REPORT.] The charter school must submit
62.12 an audit report to the commissioner by December 31 each year.
62.13 The charter school, with the assistance of the auditor
62.14 conducting the audit, must include with the report a copy of all
62.15 charter school agreements for corporate management services. If
62.16 the entity that provides the professional services to the
62.17 charter school is exempt from taxation under section 501 of the
62.18 Internal Revenue Code of 1986, that entity must file with the
62.19 commissioner by February 15 a copy of the annual return required
62.20 under section 6033 of the Internal Revenue Code of 1986. If the
62.21 commissioner receives as part of the audit report a management
62.22 letter indicating that a material weakness exists in the
62.23 financial reporting systems of a charter school, the charter
62.24 school must submit a written report to the commissioner
62.25 explaining how the material weakness will be resolved. Upon the
62.26 request of an individual, the charter school must make available
62.27 in a timely fashion the minutes of meetings of members, the
62.28 board of directors, and committees having any of the authority
62.29 of the board of directors, and statements showing the financial
62.30 result of all operations and transactions affecting income and
62.31 surplus during the school's last annual accounting period and a
62.32 balance sheet containing a summary of its assets and liabilities
62.33 as of the closing date of the accounting period.
62.34 [EFFECTIVE DATE.] This section is effective for the
62.35 2001-2002 school year and later.
62.36 Sec. 27. Minnesota Statutes 2000, section 124D.10,
63.1 subdivision 15, is amended to read:
63.2 Subd. 15. [REVIEW AND COMMENT.] The department must review
63.3 and comment on the evaluation, by the sponsor, of the
63.4 performance of a charter school before the charter school's
63.5 contract is renewed. A sponsor shall monitor and evaluate the
63.6 fiscal and student performance of the school, and may for this
63.7 purpose annually assess the school a charter school: (1) in its
63.8 first, second, or third year of operation up to $10 $30 per
63.9 student up to a maximum of $3,500 $10,000; and (2) in its fourth
63.10 or a subsequent year of operation up to $10 per student up to a
63.11 maximum of $3,500. The information for the review and comment
63.12 shall be reported by the sponsor to the commissioner of
63.13 children, families, and learning in a timely manner.
63.14 Periodically, the commissioner shall report trends or
63.15 suggestions based on the evaluation of charter school contracts
63.16 to the education committees of the state legislature.
63.17 Sec. 28. Minnesota Statutes 2000, section 124D.10, is
63.18 amended by adding a subdivision to read:
63.19 Subd. 23a. [EXCESSIVE LEASE COSTS; RECOVERY.] (a) This
63.20 subdivision does not apply to a lease in which:
63.21 (1) the lessor and lessee are not related parties, as
63.22 defined in this subdivision, as determined in writing by the
63.23 commissioner prior to the lease becoming effective; or
63.24 (2) the lessor and lessee are related parties, but the
63.25 lessor is a nonprofit corporation under chapter 317A or a
63.26 cooperative under chapter 308A.
63.27 (b) For purposes of this subdivision:
63.28 (1) A "related party" is an affiliate or close relative of
63.29 the other party in question, an affiliate of a close relative,
63.30 or a close relative of an affiliate.
63.31 (2) "Affiliate" means a person that directly, or indirectly
63.32 through one or more intermediaries, controls, or is controlled
63.33 by, or is under common control with, another person.
63.34 (3) "Close relative" means an individual whose relationship
63.35 by blood, marriage, or adoption to another individual is no more
63.36 remote than first cousin.
64.1 (4) "Person" means an individual or entity of any kind.
64.2 (5) "Control" includes the terms "controlling," "controlled
64.3 by," and "under common control with" and means the possession,
64.4 direct or indirect, of the power to direct or cause the
64.5 direction of the management, operations, or policies of a
64.6 person, whether through the ownership of voting securities, by
64.7 contract, or otherwise.
64.8 (c) A lease of real property to be used for a charter
64.9 school, not excluded in paragraph (a), must contain the
64.10 following statement: "This lease is subject to Minnesota
64.11 Statutes, section 124D.10, subdivision 23a."
64.12 (d) A lease described in paragraph (c) does not go into
64.13 effect, and no rent or other payments may be made under the
64.14 lease, until the commissioner or a party to the lease has
64.15 recorded with the county recorder or filed with the registrar of
64.16 titles, whichever is appropriate, a document entitled "Notice of
64.17 Lien," stating that the commissioner of children, families, and
64.18 learning of the state of Minnesota claims a lien under this
64.19 subdivision on the real property, including fixtures. The
64.20 notice of lien must contain a legal description of the leased
64.21 real property, be signed and acknowledged by the commissioner,
64.22 and meet all other applicable requirements for recording or
64.23 filing. The lessor or lessee, as agreed between them, shall pay
64.24 the recording or filing fee.
64.25 (e) A lease described in paragraph (c) must contain the
64.26 following clause: "The lessor under this lease hereby grants to
64.27 the commissioner of children, families, and learning of the
64.28 state of Minnesota a lien under Minnesota Statutes, section
64.29 124D.10, subdivision 23a, on the real property, including
64.30 fixtures, that is included in this lease. This lien is
64.31 evidenced by a recorded or filed notice of lien, as required by
64.32 that subdivision."
64.33 (f) A lien granted under this subdivision secures the
64.34 rights of the commissioner under paragraph (g).
64.35 (g) The commissioner may recover from the lessor the amount
64.36 of rent or other payments made under this lease, to the extent
65.1 that the rent or other payments exceed the fair market rental
65.2 value of the real property, as determined by the commissioner.
65.3 If the lessor is not the holder of fee title to the real
65.4 property, the commissioner's right of recovery extends to the
65.5 holder of fee title if the lessor and holder of fee title are
65.6 related parties as defined in this subdivision.
65.7 (h) The lien created under this subdivision applies only to
65.8 the equity in the real property of the lessor or other party
65.9 against whom the commissioner has a right of recovery under
65.10 paragraph (g). The lien created in this subdivision is
65.11 subordinate to the interest of any mortgagee or other lienholder
65.12 of the property, whether the mortgage or other lien is prior or
65.13 subsequent to the recording or filing of the lien created in
65.14 this subdivision, except that this provision does not apply to a
65.15 mortgagee or other lienholder that is a related party to the
65.16 lessor or other party against whom the commissioner has a right
65.17 of recovery under paragraph (g).
65.18 (i) The lien created in this subdivision is not enforceable
65.19 against, and is subordinate to, the interest of a good faith
65.20 purchaser for value of the real property who (1) is not a
65.21 related party of the lessor or of another party against whom the
65.22 commissioner has a right of recovery under paragraph (g), and
65.23 (2) purchases the real property before the recording or filing
65.24 of the notice of lien.
65.25 (j) If the parties to a lease to which this subdivision
65.26 applies fail to record or file the notice of lien, the
65.27 commissioner may do so at any time.
65.28 (k) If, or to the extent that, the commissioner determines
65.29 that the commissioner has no right of recovery under paragraph
65.30 (g), the commissioner shall provide to the lessor a release or
65.31 partial release of this lien. Any recording or filing fees for
65.32 the release are the responsibility of the lessor.
65.33 (l) A decision or action of the commissioner under this
65.34 subdivision may be appealed under chapter 14.
65.35 (m) A lien created under this section may be foreclosed in
65.36 the manner provided in chapter 581, with reasonable attorney
66.1 fees to be determined by the court.
66.2 [EFFECTIVE DATE.] This section is effective the day
66.3 following final enactment and applies to any charter school
66.4 organized as of January 1, 2001, or thereafter.
66.5 Sec. 29. Minnesota Statutes 2000, section 124D.11,
66.6 subdivision 4, is amended to read:
66.7 Subd. 4. [BUILDING LEASE AID.] When a charter school finds
66.8 it economically advantageous to rent or lease a building or land
66.9 for any instructional purposes and it determines that the total
66.10 operating capital revenue under section 126C.10, subdivision 13,
66.11 is insufficient for this purpose, it may apply to the
66.12 commissioner for building lease aid for this purpose. Criteria
66.13 for aid approval and revenue uses shall be as defined for the
66.14 building lease levy in section 126C.40, subdivision 1,
66.15 paragraphs (a) and (b). The commissioner must review and either
66.16 approve or deny a lease aid application using the following
66.17 criteria:
66.18 (1) the reasonableness of the price based on current market
66.19 values;
66.20 (2) the appropriateness of the space for the proposed
66.21 activity;
66.22 (3) the extent to which the lease conforms to applicable
66.23 state laws and rules; and
66.24 (4) the appropriateness of the proposed lease in the
66.25 context of the space needs and financial circumstances of the
66.26 charter school.
66.27 A charter school must not use the building lease aid it receives
66.28 for custodial, maintenance service, utility, or other operating
66.29 costs. The amount of building lease aid per pupil unit served
66.30 for a charter school for any year shall not exceed the lesser of
66.31 (a) 90 percent of the approved cost or (b) the product of the
66.32 pupil units served for the current school year times $1,500.
66.33 Sec. 30. Minnesota Statutes 2000, section 124D.11,
66.34 subdivision 9, is amended to read:
66.35 Subd. 9. [PAYMENT OF AIDS TO CHARTER SCHOOLS.] (a)
66.36 Notwithstanding section 127A.45, subdivision 3, aid payments for
67.1 the current fiscal year to a charter school not in its first
67.2 year of operation shall be of an equal amount on each of the 23
67.3 payment dates. A charter school in its first year of operation
67.4 shall receive, on its first payment date, ten percent of its
67.5 cumulative amount guaranteed for the year and 22 payments of an
67.6 equal amount thereafter the sum of which shall be 90 percent of
67.7 the cumulative amount guaranteed.
67.8 (b) Notwithstanding section 127A.45, subdivision 3, and
67.9 paragraph (a), 90 percent of the start-up cost aid under
67.10 subdivision 8 shall be paid within 45 days after the first day
67.11 of student attendance for that school year.
67.12 (c) In order to receive state aid payments under this
67.13 subdivision, a charter school in its first three years of
67.14 operation must submit a quarterly enrollment report to the
67.15 department of children, families, and learning. The report must
67.16 list each student by grade, show the student's start and end
67.17 dates, if any, with the charter school, and for any student
67.18 participating in a learning year program, the report must list
67.19 the hours and times of learning year activities. The report
67.20 must be submitted not more than two weeks after the end of the
67.21 calendar quarter to the department. The department must develop
67.22 a web-based reporting form for charter schools to use when
67.23 submitting enrollment reports. A charter school in its fourth
67.24 and subsequent year of operation must submit enrollment
67.25 information to the department in the form and manner requested
67.26 by the department.
67.27 Sec. 31. Minnesota Statutes 2000, section 124D.128,
67.28 subdivision 1, is amended to read:
67.29 Subdivision 1. [PROGRAM ESTABLISHED.] A learning year
67.30 program provides instruction throughout the year. A pupil may
67.31 participate in the program and to attain or accelerate
67.32 attainment of grade level requirements or graduation
67.33 requirements. A learning year program may begin after the close
67.34 of the regular school year in June. The program may be for
67.35 students in one or more grade levels from kindergarten through
67.36 grade 12.
68.1 Students may participate in the program if they reside in:
68.2 (1) a district that has been designated a learning year
68.3 site under subdivision 2;
68.4 (2) a district that is a member of the same education
68.5 district as a site; or
68.6 (3) a district that participates in the same area learning
68.7 center program as a site.
68.8 [EFFECTIVE DATE.] This section is effective the day
68.9 following final enactment.
68.10 Sec. 32. Minnesota Statutes 2000, section 124D.128,
68.11 subdivision 2, is amended to read:
68.12 Subd. 2. [COMMISSIONER DESIGNATION.] (a) An area learning
68.13 center designated by the state must be a site. To be
68.14 designated, a district or center must demonstrate to the
68.15 commissioner that it will:
68.16 (1) provide a program of instruction that permits pupils to
68.17 receive instruction throughout the entire year; and
68.18 (2) maintain a record system that, for purposes of section
68.19 126C.05, permits identification of membership attributable to
68.20 pupils participating in the program. The record system and
68.21 identification must ensure that the program will not have the
68.22 effect of increasing the total number of pupil units
68.23 attributable to an individual pupil as a result of a learning
68.24 year program. The record system must include the date the pupil
68.25 originally enrolled in a learning year program, the pupil's
68.26 grade level, the date of each grade promotion, the average daily
68.27 membership generated in each grade level, the number of credits
68.28 or standards earned, and the number needed to graduate.
68.29 (b) A student who has not completed a school district's
68.30 graduation requirements may continue to enroll in courses the
68.31 student must complete in order to graduate until the student
68.32 satisfies the district's graduation requirements or the student
68.33 is 21 years old, whichever comes first.
68.34 [EFFECTIVE DATE.] This section is effective the day
68.35 following final enactment.
68.36 Sec. 33. Minnesota Statutes 2000, section 124D.128,
69.1 subdivision 3, is amended to read:
69.2 Subd. 3. [STUDENT PLANNING.] A district must inform all
69.3 pupils and their parents about the learning year program and
69.4 that participation in the program is optional. A continual
69.5 learning plan must be developed at least annually for each pupil
69.6 with the participation of the pupil, parent or guardian,
69.7 teachers, and other staff; each participant must sign and date
69.8 the plan. The plan must specify the learning experiences that
69.9 must occur each during the entire fiscal year and, for secondary
69.10 students, for graduation. The plan must include:
69.11 (1) the pupil's learning objectives and experiences,
69.12 including courses or credits the pupil plans to complete each
69.13 year and, for a secondary pupil, the graduation requirements the
69.14 student must complete;
69.15 (2) the assessment measurements used to evaluate a pupil's
69.16 objectives;
69.17 (3) requirements for grade level or other appropriate
69.18 progression; and
69.19 (4) for pupils generating more than one average daily
69.20 membership in a given grade, an indication of which objectives
69.21 were unmet.
69.22 The plan may be modified to conform to district schedule
69.23 changes. The district may not modify the plan if the
69.24 modification would result in delaying the student's time of
69.25 graduation.
69.26 Sec. 34. Minnesota Statutes 2000, section 124D.128,
69.27 subdivision 6, is amended to read:
69.28 Subd. 6. [REVENUE COMPUTATION AND REPORTING.] Aid and levy
69.29 revenue computations must be based on the total number of hours
69.30 of education programs for pupils in average daily membership for
69.31 each fiscal year. For purposes of section 126C.05, Average
69.32 daily membership shall be computed by dividing the total number
69.33 of hours of participation for the fiscal year by the minimum
69.34 number of hours for a year determined for the appropriate grade
69.35 level under section 126C.05, subdivision 15. Hours of
69.36 participation that occur after the close of the regular
70.1 instructional year and before July 1 must be attributed to the
70.2 following fiscal year. Thirty hours may be used for teacher
70.3 workshops, staff development, or parent-teacher conferences. As
70.4 part of each pilot program, the department and each district
70.5 must report and evaluate the changes needed to adjust the dates
70.6 of the fiscal year for aid and levy computation and fiscal year
70.7 reporting. For revenue computation purposes, the learning year
70.8 program shall generate revenue based on the formulas for the
70.9 fiscal year in which the services are provided. The dates a
70.10 participating pupil is promoted must be reported in a timely
70.11 manner to the department.
70.12 State aid and levy revenue computation for the learning
70.13 year programs begins July 1, 1988, for fiscal year 1989.
70.14 Sec. 35. Minnesota Statutes 2000, section 124D.74,
70.15 subdivision 1, is amended to read:
70.16 Subdivision 1. [PROGRAM DESCRIBED.] American Indian
70.17 language and culture education programs are programs in public
70.18 elementary and secondary schools, nonsectarian nonpublic,
70.19 community, tribal, or alternative schools enrolling American
70.20 Indian children designed to:
70.21 (1) to support post-secondary preparation for pupils;
70.22 (2) support the academic achievement of American Indian
70.23 students with identified focus to improve reading and mathematic
70.24 skills;
70.25 (3) make the curriculum more relevant to the needs,
70.26 interests, and cultural heritage of American Indian pupils;
70.27 (2) to (4) provide positive reinforcement of the self-image
70.28 of American Indian pupils; and
70.29 (3) to (5) develop intercultural awareness among pupils,
70.30 parents, and staff; and
70.31 (6) supplement, not supplant, state and federal educational
70.32 and cocurricular programs.
70.33 Program components may include: instruction in American Indian
70.34 language, literature, history, and culture development of
70.35 support components for students in the areas of academic
70.36 achievement, retention, and attendance; development of support
71.1 components for staff, including in-service training and
71.2 technical assistance in methods of teaching American Indian
71.3 pupils; research projects, including experimentation with and
71.4 evaluation of methods of relating to American Indian pupils;
71.5 provision of personal and vocational counseling to American
71.6 Indian pupils; modification of curriculum, instructional
71.7 methods, and administrative procedures to meet the needs of
71.8 American Indian pupils; and establishment of cooperative
71.9 liaisons with nonsectarian nonpublic, community, tribal or
71.10 alternative schools offering curricula which reflect American
71.11 Indian culture supplemental instruction in American Indian
71.12 language, literature, history, and culture. Districts offering
71.13 programs may make contracts for the provision of program
71.14 components by nonsectarian nonpublic, community, tribal or
71.15 alternative schools establishing cooperative liaisons with
71.16 tribal programs and American Indian social service agencies.
71.17 These programs may also be provided as components of early
71.18 childhood and family education programs.
71.19 Sec. 36. Minnesota Statutes 2000, section 124D.74,
71.20 subdivision 2, is amended to read:
71.21 Subd. 2. [VOLUNTARY ENROLLMENT.] Enrollment in American
71.22 Indian language and culture education programs must be
71.23 voluntary. School districts and participating schools must make
71.24 affirmative efforts to encourage participation. They shall
71.25 encourage parents to visit classes or come to school for a
71.26 conference explaining the nature of the program and provide
71.27 visits by school staff to parents' homes to explain the nature
71.28 of the program.
71.29 Sec. 37. Minnesota Statutes 2000, section 124D.74,
71.30 subdivision 3, is amended to read:
71.31 Subd. 3. [ENROLLMENT OF OTHER CHILDREN; SHARED TIME
71.32 ENROLLMENT.] To the extent it is economically feasible, a
71.33 district or participating school may make provision for the
71.34 voluntary enrollment of non-American Indian children in the
71.35 instructional components of an American Indian language and
71.36 culture education program in order that they may acquire an
72.1 understanding of the cultural heritage of the American Indian
72.2 children for whom that particular program is designed. However,
72.3 in determining eligibility to participate in a program, priority
72.4 must be given to American Indian children. American Indian
72.5 children and other children enrolled in an existing nonpublic
72.6 school system may be enrolled on a shared time basis in American
72.7 Indian language and culture education programs.
72.8 Sec. 38. Minnesota Statutes 2000, section 124D.74,
72.9 subdivision 4, is amended to read:
72.10 Subd. 4. [LOCATION OF PROGRAMS.] American Indian language
72.11 and culture education programs must be located in facilities in
72.12 which regular classes in a variety of subjects are offered on a
72.13 daily basis. Programs may operate on an extended day or
72.14 extended year basis.
72.15 Sec. 39. Minnesota Statutes 2000, section 124D.74,
72.16 subdivision 6, is amended to read:
72.17 Subd. 6. [NONVERBAL COURSES AND EXTRACURRICULAR
72.18 ACTIVITIES.] In predominantly nonverbal subjects, such as art,
72.19 music, and physical education, American Indian children shall
72.20 participate fully and on an equal basis with their
72.21 contemporaries in school classes provided for these subjects.
72.22 Every school district or participating school shall ensure to
72.23 children enrolled in American Indian language and culture
72.24 education programs an equal and meaningful opportunity to
72.25 participate fully with other children in all extracurricular
72.26 activities. This subdivision shall not be construed to prohibit
72.27 instruction in nonverbal subjects or extracurricular activities
72.28 which relate to the cultural heritage of the American Indian
72.29 children, or which are otherwise necessary to accomplish the
72.30 objectives described in sections 124D.71 to 124D.82.
72.31 Sec. 40. Minnesota Statutes 2000, section 124D.75,
72.32 subdivision 6, is amended to read:
72.33 Subd. 6. [PERSONS ELIGIBLE FOR EMPLOYMENT; EXEMPTIONS.]
72.34 Any person licensed under this section shall be eligible for
72.35 employment by a school board or a participating school as a
72.36 teacher in an American Indian language and culture education
73.1 program in which the American Indian language or culture in
73.2 which the person is licensed is taught. A school district or
73.3 participating school may prescribe only those additional
73.4 qualifications for teachers licensed under this section as are
73.5 approved by the board of teaching. Any school board or
73.6 participating school upon request may be exempted from the
73.7 licensure requirements of this section in the hiring of one or
73.8 more American Indian language and culture education teachers for
73.9 any school year in which compliance would, in the opinion of the
73.10 commissioner, create a hardship in the securing of the teachers.
73.11 Sec. 41. Minnesota Statutes 2000, section 124D.76, is
73.12 amended to read:
73.13 124D.76 [TEACHERS AIDES; COMMUNITY COORDINATORS.]
73.14 In addition to employing American Indian language and
73.15 culture education teachers, each district or participating
73.16 school providing programs pursuant to sections 124D.71 to
73.17 124D.82 may employ teachers' aides. Teachers' aides must not be
73.18 employed for the purpose of supplanting American Indian language
73.19 and culture education teachers.
73.20 Any district or participating school which conducts
73.21 American Indian language and culture education programs pursuant
73.22 to sections 124D.71 to 124D.82 must employ one or more full-time
73.23 or part-time community coordinators if there are 100 or more
73.24 students enrolled in the program. Community coordinators shall
73.25 promote communication understanding, and cooperation between the
73.26 schools and the community and shall visit the homes of children
73.27 who are to be enrolled in an American Indian language and
73.28 culture education program in order to convey information about
73.29 the program.
73.30 Sec. 42. Minnesota Statutes 2000, section 124D.78,
73.31 subdivision 1, is amended to read:
73.32 Subdivision 1. [PARENT COMMITTEE.] School boards and
73.33 American Indian schools must provide for the maximum involvement
73.34 of parents of children enrolled in education programs, including
73.35 language and culture education programs, programs for elementary
73.36 and secondary grades, special education programs, and support
74.1 services. Accordingly, the board of a school district in which
74.2 there are ten or more American Indian children enrolled and each
74.3 American Indian school must establish a parent committee. If a
74.4 committee whose membership consists of a majority of parents of
74.5 American Indian children has been or is established according to
74.6 federal, tribal, or other state law, that committee may serve as
74.7 the committee required by this section and is subject to, at
74.8 least, the requirements of this subdivision and subdivision 2.
74.9 The parent committee must develop its recommendations in
74.10 consultation with the curriculum advisory committee required by
74.11 section 120B.11, subdivision 3. This committee must afford
74.12 parents the necessary information and the opportunity
74.13 effectively to express their views concerning all aspects of
74.14 American Indian education and the educational needs of the
74.15 American Indian children enrolled in the school or program. The
74.16 committee must also address the need for adult education
74.17 programs for American Indian people in the community. The board
74.18 or American Indian school must ensure that programs are planned,
74.19 operated, and evaluated with the involvement of and in
74.20 consultation with parents of children served by the programs.
74.21 Sec. 43. Minnesota Statutes 2000, section 124D.81,
74.22 subdivision 1, is amended to read:
74.23 Subdivision 1. [GRANTS; PROCEDURES.] Each fiscal year the
74.24 commissioner of children, families, and learning must make
74.25 grants to no fewer than six American Indian language and culture
74.26 education programs. At least three programs must be in urban
74.27 areas and at least three must be on or near reservations. The
74.28 board of a local district, a participating school or a group of
74.29 boards may develop a proposal for grants in support of American
74.30 Indian language and culture education programs. Proposals may
74.31 provide for contracts for the provision of program components by
74.32 nonsectarian nonpublic, community, tribal, or alternative
74.33 schools. The commissioner shall prescribe the form and manner
74.34 of application for grants, and no grant shall be made for a
74.35 proposal not complying with the requirements of sections 124D.71
74.36 to 124D.82. The commissioner must submit all proposals to the
75.1 state advisory task force committee on American Indian language
75.2 and culture education programs for its recommendations
75.3 concerning approval, modification, or disapproval and the
75.4 amounts of grants to approved programs.
75.5 Sec. 44. Minnesota Statutes 2000, section 124D.81,
75.6 subdivision 3, is amended to read:
75.7 Subd. 3. [ADDITIONAL REQUIREMENTS.] Each district
75.8 receiving a grant under this section must each year conduct a
75.9 count of American Indian children in the schools of the
75.10 district; test for achievement; identify the extent of other
75.11 educational needs of the children to be enrolled in the American
75.12 Indian language and culture education program; and classify the
75.13 American Indian children by grade, level of educational
75.14 attainment, age and achievement. Participating schools must
75.15 maintain records concerning the needs and achievements of
75.16 American Indian children served.
75.17 Sec. 45. Minnesota Statutes 2000, section 124D.81,
75.18 subdivision 5, is amended to read:
75.19 Subd. 5. [RECORDS.] Participating schools and districts
75.20 must keep records and afford access to them as the commissioner
75.21 finds necessary to ensure that American Indian language and
75.22 culture education programs are implemented in conformity with
75.23 sections 124D.71 to 124D.82. Each school district or
75.24 participating school must keep accurate, detailed, and separate
75.25 revenue and expenditure accounts for pilot American Indian
75.26 language and culture education programs funded under this
75.27 section.
75.28 Sec. 46. Minnesota Statutes 2000, section 124D.81,
75.29 subdivision 6, is amended to read:
75.30 Subd. 6. [MONEY FROM OTHER SOURCES.] A district or
75.31 participating school providing American Indian language and
75.32 culture education programs shall be eligible to receive moneys
75.33 for these programs from other government agencies and from
75.34 private sources when the moneys are available.
75.35 Sec. 47. Minnesota Statutes 2000, section 124D.81,
75.36 subdivision 7, is amended to read:
76.1 Subd. 7. [EXCEPTIONS.] Nothing in sections 124D.71 to
76.2 124D.82 shall be construed as prohibiting a district or school
76.3 from implementing an American Indian language and culture
76.4 education program which is not in compliance with sections
76.5 124D.71 to 124D.82 if the proposal and plan for that program is
76.6 not funded pursuant to this section.
76.7 Sec. 48. Minnesota Statutes 2000, section 124D.86,
76.8 subdivision 3, is amended to read:
76.9 Subd. 3. [INTEGRATION REVENUE.] For fiscal year 2000 and
76.10 later fiscal years, integration revenue equals the following
76.11 amounts:
76.12 (1) for independent school district No. 709, Duluth, $207
76.13 times the adjusted pupil units for the school year;
76.14 (2) for independent school district No. 625, St. Paul, $446
76.15 times the adjusted pupil units for the school year;
76.16 (3) (2) for special school district No. 1, Minneapolis,
76.17 $536 times the adjusted pupil units for the school year; and
76.18 (3) for a district not listed in clause (1) or (2) that
76.19 must implement a plan under Minnesota Rules, parts 3535.0100 to
76.20 3535.0180, where the district's enrollment of protected
76.21 students, as defined under Minnesota Rules, part 3535.0110,
76.22 exceeds 17 percent, and that is located in the rural equity
76.23 region as defined under section 126C.10, subdivision 28, the
76.24 lesser of (i) the actual cost of implementing the plan during
76.25 the fiscal year minus the aid received under subdivision 6, or
76.26 (ii) $150 times the adjusted pupil units for the school year;
76.27 (4) for a district not listed in clause (1), (2), or (3)
76.28 that is required to implement a plan according to the
76.29 requirements of Minnesota Rules, parts 3535.0100 to 3535.0180,
76.30 the lesser of
76.31 (i) the actual cost of implementing the plan during the
76.32 fiscal year minus the aid received under subdivision 6, or
76.33 (ii) $93 times the adjusted pupil units for the school year.
76.34 Any money received by districts in clauses (1) to (3) which
76.35 exceeds the amount received in fiscal year 2000 shall be subject
76.36 to the budget requirements in subdivision 1a.; and
77.1 (5) for a member district of a multidistrict integration
77.2 collaborative that files a plan with the commissioner, but is
77.3 not contiguous to a racially isolated district, integration
77.4 revenue equals the amount defined in clause (4).
77.5 [EFFECTIVE DATE.] This section is effective for aid payable
77.6 in fiscal year 2002.
77.7 Sec. 49. Minnesota Statutes 2000, section 124D.86,
77.8 subdivision 6, is amended to read:
77.9 Subd. 6. [ALTERNATIVE ATTENDANCE PROGRAMS.] (a) The
77.10 integration aid under subdivision 5 must be adjusted for each
77.11 pupil residing in a district eligible for integration revenue
77.12 under subdivision 3, clause (1), (2), or (3), and attending a
77.13 nonresident district under sections 123A.05 to 123A.08, 124D.03,
77.14 124D.06, 124D.07, and 124D.08, that is not eligible for
77.15 integration revenue under subdivision 3, clause (1), (2), or
77.16 (3), and has implemented a plan under Minnesota Rules, parts
77.17 3535.0100 to 3535.0180, if the enrollment of the pupil in the
77.18 nonresident district contributes to desegregation or integration
77.19 purposes. The adjustments must be made according to this
77.20 subdivision.
77.21 (b) Aid paid to a district serving nonresidents must be
77.22 increased by an amount equal to the revenue per pupil unit of
77.23 the resident district under subdivision 3, clause (1), (2), or
77.24 (3), minus the revenue attributable to the pupil in the
77.25 nonresident district under subdivision 3, clause clauses (4) and
77.26 (5), for the time the pupil is enrolled in the nonresident
77.27 district.
77.28 [EFFECTIVE DATE.] This section is effective for aid payable
77.29 in fiscal year 2000, and for taxes payable in 2002.
77.30 Sec. 50. Minnesota Statutes 2000, section 126C.05,
77.31 subdivision 15, is amended to read:
77.32 Subd. 15. [LEARNING YEAR PUPIL UNITS.] (a) When a pupil is
77.33 enrolled in a learning year program under section 124D.128, an
77.34 area learning center under sections 123A.05 and 123A.06, an
77.35 alternative program approved by the commissioner, or a contract
77.36 alternative program under section 124D.68, subdivision 3,
78.1 paragraph (d), or subdivision 3a, for more than 1,020 hours in a
78.2 school year for a secondary student, more than 935 hours in a
78.3 school year for an elementary student, or more than 425 hours in
78.4 a school year for a kindergarten student without a disability,
78.5 that pupil may be counted as more than one pupil in average
78.6 daily membership. The amount in excess of one pupil must be
78.7 determined by the ratio of the number of hours of instruction
78.8 provided to that pupil in excess of: (i) the greater of 1,020
78.9 hours or the number of hours required for a full-time secondary
78.10 pupil in the district to 1,020 for a secondary pupil; (ii) the
78.11 greater of 935 hours or the number of hours required for a
78.12 full-time elementary pupil in the district to 935 for an
78.13 elementary pupil in grades 1 through 6; and (iii) the greater of
78.14 425 hours or the number of hours required for a full-time
78.15 kindergarten student without a disability in the district to 425
78.16 for a kindergarten student without a disability. Hours that
78.17 occur after the close of the instructional year in June shall be
78.18 attributable to the following fiscal year. A kindergarten
78.19 student must not be counted as more than 1.2 pupils in average
78.20 daily membership under this subdivision.
78.21 (b)(i) To receive general education revenue for a pupil in
78.22 an alternative program that has an independent study component,
78.23 a district must meet the requirements in this paragraph. The
78.24 district must develop, with for the pupil, a continual learning
78.25 plan for the pupil. A district must allow a minor pupil's
78.26 parent or guardian to participate in developing the plan, if the
78.27 parent or guardian wants to participate. The plan must identify
78.28 the learning experiences and expected outcomes needed for
78.29 satisfactory credit for the year and for graduation. The plan
78.30 must be updated each year consistent with section 124D.128,
78.31 subdivision 3. Each school district that has a state-approved
78.32 public alternative program must reserve revenue in an amount
78.33 equal to at least 90 percent of the district average general
78.34 education revenue per pupil unit less compensatory revenue per
78.35 pupil unit times the number of pupil units generated by students
78.36 attending a state-approved public alternative program. The
79.1 amount of reserved revenue available under this subdivision may
79.2 only be spent for program costs associated with the
79.3 state-approved public alternative program. Compensatory revenue
79.4 must be allocated according to section 126C.15, subdivision 2.
79.5 (ii) General education revenue for a pupil in an approved
79.6 alternative program without an independent study component must
79.7 be prorated for a pupil participating for less than a full year,
79.8 or its equivalent. The district must develop a continual
79.9 learning plan for the pupil, consistent with section 124D.128,
79.10 subdivision 3. Each school district that has a state-approved
79.11 public alternative program must reserve revenue in an amount
79.12 equal to at least 90 percent of the district average general
79.13 education revenue per pupil unit less compensatory revenue per
79.14 pupil unit times the number of pupil units generated by students
79.15 attending a state-approved public alternative program. The
79.16 amount of reserved revenue available under this subdivision may
79.17 only be spent for program costs associated with the
79.18 state-approved public alternative program. Compensatory revenue
79.19 must be allocated according to section 126C.15, subdivision 2.
79.20 (iii) General education revenue for a pupil in an approved
79.21 alternative program that has an independent study component must
79.22 be paid for each hour of teacher contact time and each hour of
79.23 independent study time completed toward a credit or graduation
79.24 standards necessary for graduation. Average daily membership
79.25 for a pupil shall equal the number of hours of teacher contact
79.26 time and independent study time divided by 1,020.
79.27 (iv) For an alternative program having an independent study
79.28 component, the commissioner shall require a description of the
79.29 courses in the program, the kinds of independent study involved,
79.30 the expected learning outcomes of the courses, and the means of
79.31 measuring student performance against the expected outcomes.
79.32 Sec. 51. Minnesota Statutes 2000, section 179A.20, is
79.33 amended by adding a subdivision to read:
79.34 Subd. 2b. [STRUCTURALLY BALANCED SCHOOL DISTRICT
79.35 CONTRACTS.] (a) A school board must not enter into a contract
79.36 with the exclusive representative of the teachers that is not
80.1 structurally balanced for a time period that corresponds to the
80.2 term of the contract and the following year beginning on the
80.3 July 1 following the specified end date of that contract.
80.4 Failure to enter into a contract to implement a proposed
80.5 contract settlement or an interest arbitration decision that
80.6 violates the provisions of this subdivision shall not be an
80.7 unfair labor practice under section 179A.13, subdivision 2. The
80.8 provisions of section 123B.05 shall not apply to a contract or
80.9 an interest arbitration decision that is not structurally
80.10 balanced and that is not approved by the date specified therein.
80.11 (b) The school board must make a good-faith determination
80.12 as to whether a proposed contract settlement is structurally
80.13 balanced for the time period specified prior to its approval of
80.14 that contract. The resolution adopted by the school board
80.15 making the determination that the proposed contract is
80.16 structurally balanced must include or incorporate written
80.17 findings and specific calculations to support the
80.18 determination. The findings and calculations must be available
80.19 to members of the school board and the public at the meeting at
80.20 which the resolution is adopted. A copy of the resolution with
80.21 supporting findings and calculations shall also be attached to
80.22 the uniform collective bargaining agreement settlement document
80.23 filed with the commissioner of finance under section 179A.07,
80.24 subdivision 7.
80.25 (c) An arbitrator in an interest arbitration must make a
80.26 good-faith determination as to whether an interest arbitration
80.27 decision for a teacher contract is structurally balanced for the
80.28 time period specified and must prove that structural balance in
80.29 the decision. The school board must review the arbitrator's
80.30 decision to determine whether the arbitrator has correctly
80.31 determined that the arbitration decision is structurally
80.32 balanced. If the school board makes a good-faith determination
80.33 that the arbitration decision is not structurally balanced for
80.34 the time period specified, it must return the decision to the
80.35 arbitrator with a detailed explanation of why the board has
80.36 determined that the decision is not structurally balanced. The
81.1 arbitrator must revise the decision until the school board can
81.2 make a good-faith determination that the decision is
81.3 structurally balanced for the time period specified. The
81.4 resolution adopted by the school board making the determination
81.5 that the interest arbitration decision is structurally balanced
81.6 must include or incorporate written findings and specific
81.7 calculations to support the determination. The findings and
81.8 calculations must be available to members of the school board
81.9 and the public at the meeting at which the resolution is
81.10 adopted. A copy of the resolution with supporting findings and
81.11 calculations shall also be attached to the uniform collective
81.12 bargaining agreement settlement document filed with the
81.13 commissioner of finance under section 179A.07, subdivision 7.
81.14 (d) In making a determination as to whether a contract
81.15 settlement or interest arbitration decision is structurally
81.16 balanced for the term of the contract and the following year,
81.17 the board shall review the general fund revenue and expenditure
81.18 projections for the three-year time period specified based on
81.19 laws in effect at the time the determination is made.
81.20 (1) Revenue projections must be based on the general
81.21 education and other formulas in effect for the time period
81.22 specified at the time the determination is made.
81.23 (2) Revenue projections must be based on pupil unit
81.24 projections for the time period specified.
81.25 (3) Expenditure projections must be based on the costs of
81.26 this contract and the projected costs of the contract with the
81.27 teachers for the third year of the time period specified.
81.28 (4) Expenditure projections must be based on the projected
81.29 seniority of the staff during each year of the time period
81.30 specified and on current teacher-to-student ratios. The
81.31 projections must include projected movement through contract
81.32 steps and lanes each year during the time period specified to
81.33 reflect increased seniority leading to step changes and
81.34 increased education or training leading to lane changes.
81.35 (5) Expenditure projections must include anticipated costs
81.36 of fringe benefits, including, but not limited to, health
82.1 insurance, during each year of the time period specified.
82.2 (6) Expenditure projections must include projected staff
82.3 retirements and the hiring of projected new teachers during the
82.4 time period specified. The projections must include projected
82.5 payouts of severance pay, accumulated sick leave or other leave
82.6 if any, vacation pay if any, and other benefits to retiring
82.7 employees or employees leaving employment in the district.
82.8 (7) Expenditure projections must include all other
82.9 projected contract-related general fund expenditures for the
82.10 time period specified.
82.11 (e) A school board may determine that a contract with the
82.12 exclusive representative of the employees is structurally
82.13 balanced for the time period specified if, taking into account
82.14 at least the projections specified in paragraph (d) and such
82.15 other projections as may be necessary, the projected general
82.16 fund expenditures for each year of the time period specified
82.17 will not exceed projected general fund revenues for that year.
82.18 [EFFECTIVE DATE.] This section is effective the day
82.19 following final enactment and applies to contracts between
82.20 school boards and exclusive representatives of teachers for the
82.21 time period July 1, 2001, to June 30, 2003, and thereafter.
82.22 Sec. 52. [ACCESS TO STATEWIDE TESTS AND STUDENTS' TEST
82.23 RESULTS.]
82.24 Subdivision 1. [TEST ACCESS.] Consistent with subdivisions
82.25 2 and 3 and Minnesota Statutes, section 120B.30, subdivision 1,
82.26 paragraph (f), the commissioner of children, families, and
82.27 learning shall make available copies of the statewide basic
82.28 skills tests and the Minnesota comprehensive assessments and
82.29 students' test results.
82.30 Subd. 2. [ACCESS TO BASIC SKILLS TESTS.] Beginning in
82.31 February 2002, the commissioner, on the date the results for the
82.32 February statewide basic skills tests are released, at the same
82.33 time also shall:
82.34 (1) make available to the public electronic copies of those
82.35 tests and accompanying answer sheets and mail to districts paper
82.36 copies of the tests and accompanying answer sheets; and
83.1 (2) make available to parents or guardians a copy of their
83.2 students' answers to the test questions.
83.3 The commissioner must release to a student's parent or guardian
83.4 a copy of the student's actual answer sheet upon receiving a
83.5 written request from that student's parent or guardian within a
83.6 reasonable time of the request. The requirements of this
83.7 paragraph apply only to those statewide basic skills tests
83.8 administered in February of any year. The commissioner must
83.9 allow a parent or guardian to examine a statewide basic skills
83.10 test administered in April or July and the student's
83.11 accompanying answer sheets upon receiving a written request from
83.12 that student's parent or guardian.
83.13 Subd. 3. [ACCESS TO MINNESOTA COMPREHENSIVE ASSESSMENTS.]
83.14 Beginning in the 2000-2001 school year, the commissioner shall
83.15 release copies of Minnesota comprehensive assessments previously
83.16 administered as follows:
83.17 (1) in the 2000-2001 school year, the commissioner shall
83.18 make available to the public electronic copies of the tests
83.19 administered in March 1999 and accompanying answer sheets;
83.20 (2) in the 2001-2002 school year, the commissioner shall
83.21 make available to the public electronic copies of the tests
83.22 administered in March 2000 and March 2001 and accompanying
83.23 answer sheets; and
83.24 (3) in the 2002-2003 school year, the commissioner shall
83.25 make available to the public electronic copies of the tests
83.26 administered in March 2002 and accompanying answer sheets.
83.27 Beginning in the 2002-2003 school year and later, the
83.28 commissioner shall release the tests administered in that school
83.29 year. Beginning in January 2003 and later, the commissioner, on
83.30 the date the results for the Minnesota comprehensive assessments
83.31 are released, at the same time also shall:
83.32 (1) make available to the public electronic copies of those
83.33 tests and accompanying answer sheets and mail to districts paper
83.34 copies of the tests and accompanying answer sheets; and
83.35 (2) make available to parents or guardians a copy of their
83.36 students' answers to the test questions.
84.1 The commissioner must release to a student's parent or guardian
84.2 a copy of the student's actual answer sheet upon receiving a
84.3 written request from that student's parent or guardian within a
84.4 reasonable time of the request.
84.5 Subd. 4. [TEST ACCESS POLICY.] If statewide elementary or
84.6 secondary level tests other than the basic skills tests or the
84.7 Minnesota comprehensive assessments are administered to
84.8 elementary or secondary students, the commissioner must adopt
84.9 and publish a policy to provide public or parental access to
84.10 copies of such tests and to students' accompanying test results,
84.11 consistent with the provisions of this section.
84.12 [EFFECTIVE DATE.] This section is effective the day
84.13 following final enactment.
84.14 Sec. 53. [LABORATORY SCHOOL; INNOVATIVE TEACHING
84.15 TECHNIQUES.]
84.16 Subdivision 1. [PURPOSE.] The purpose of this section is
84.17 to ensure that the school children in kindergarten through grade
84.18 5 in the Randall area, elsewhere in the Little Falls school
84.19 district, and in all school districts in the state have access
84.20 to a high quality, innovative education experience.
84.21 Subd. 2. [JOINT OFFICE ESTABLISHED.] Independent school
84.22 district No. 482, Little Falls; the department of children,
84.23 families, and learning; Minnesota state colleges and
84.24 universities; and St. Cloud State University's school of
84.25 education shall collaborate for the purpose of establishing a
84.26 joint office, if funds are available, to evaluate curriculum,
84.27 instruction, and testing. The office shall be located at the
84.28 Dr. S. G. Knight school in Randall.
84.29 Subd. 3. [LABORATORY SCHOOL.] The office under authority
84.30 of independent school district No. 482, Little Falls shall, if
84.31 funds are available, operate a laboratory school program for
84.32 elementary students in kindergarten through grade 5 at the Dr.
84.33 S. G. Knight school. The laboratory school, if established,
84.34 must be used to develop innovative teaching techniques that
84.35 enhance students' learning experiences. The office, if
84.36 established, must make the innovative teaching techniques, which
85.1 must include testing of students' knowledge, developed at the
85.2 laboratory school available to all school districts in the state.
85.3 [EFFECTIVE DATE.] This section is effective July 1, 2001.
85.4 Sec. 54. [ALTERNATIVE MODELS FOR DELIVERING EDUCATION;
85.5 EXPANDING THE FLEXIBLE LEARNING YEAR PROGRAM.]
85.6 Subdivision 1. [ESTABLISHMENT; GOAL.] A three-year pilot
85.7 project is established to permit participating school districts
85.8 and school sites approved by the commissioner of children,
85.9 families, and learning under subdivision 2 to use alternative
85.10 models for delivering education by expanding the flexible
85.11 learning year program under Minnesota Statutes, sections 124D.12
85.12 to 124D.127. The project is intended to explore effective
85.13 alternatives for delivering education, with the goal of
85.14 improving instruction and students' educational outcomes and
85.15 opportunities and increasing the cost-effectiveness of
85.16 educational programs.
85.17 Subd. 2. [ELIGIBILITY; APPLICATIONS.] The commissioner
85.18 shall make application forms available to school districts and
85.19 school sites interested in exploring effective alternative
85.20 models for delivering instruction during a redefined flexible
85.21 learning year as described in this section. Interested school
85.22 districts and school sites must have their application to
85.23 participate in this program first approved by the local school
85.24 board and a majority of teachers employed in the district or at
85.25 the site, respectively, after a public hearing on the matter.
85.26 Applications must be submitted to the commissioner by January 1,
85.27 2002. The application must describe how the applicant proposes
85.28 to realize the goal of this project, including what activities
85.29 and procedures the applicant proposes to develop and implement
85.30 and the specific changes in the learning year the applicant
85.31 requires to accomplish those activities and procedures. The
85.32 commissioner, consistent with the requirements of this section,
85.33 shall approve applications before March 1, 2002.
85.34 Subd. 3. [EXEMPTIONS.] (a) Notwithstanding other laws or
85.35 rules to the contrary, a participant in the pilot project under
85.36 this section is exempt from Minnesota Statutes, sections 120A.40
86.1 and 120A.41, through the 2004-2005 school year. Minnesota
86.2 Statutes, sections 124D.12 to 124D.127, apply through the
86.3 2004-2005 school year except to the extent that the provisions
86.4 of this section or the participant's learning year changes
86.5 conflict with particular provisions in Minnesota Statutes,
86.6 sections 124D.12 to 124D.127.
86.7 (b) Consistent with this section, a participant may adopt a
86.8 learning year calendar that allows the participant to suitably
86.9 fulfill the educational needs of its students using an
86.10 alternative learning year calendar. The commissioner must
86.11 provide participants with a formula for computing average daily
86.12 membership so that all formulas based upon average daily
86.13 membership are not affected as a result of participating in this
86.14 pilot project.
86.15 Subd. 4. [TECHNICAL ASSISTANCE.] The commissioner, at the
86.16 request of a participant, must provide technical assistance to
86.17 the participant. Also, the commissioner must assist
86.18 participants in developing and implementing a valid and uniform
86.19 procedure to evaluate the efficacy of their alternative learning
86.20 year calendar, consistent with the goals of this section.
86.21 Subd. 5. [EVALUATION; REPORT.] (a) Participants must
86.22 complete a formative and summative evaluation of their
86.23 experiences in delivering education under an alternative
86.24 learning year calendar. Participants must focus the evaluation
86.25 on the overall efficacy of the pilot project, including the
86.26 cost-effectiveness of educational programs and the extent to
86.27 which students' educational outcomes and opportunities
86.28 improved. Participants shall use their interim evaluations,
86.29 with the commissioner's approval, to modify their project where
86.30 appropriate.
86.31 (b) Participants shall submit to the commissioner a
86.32 progress report by September 1, 2004, and a final report by
86.33 January 1, 2006, evaluating the cost-effectiveness of
86.34 educational programs and the extent to which students'
86.35 educational outcomes and opportunities improved. The
86.36 commissioner shall compile the reports to present to the
87.1 committees in the legislature that deal with education policy
87.2 and education finance by March 1, 2006. When presenting the
87.3 report, the commissioner must recommend whether or not to
87.4 continue or expand this pilot project.
87.5 [EFFECTIVE DATE.] This section is effective the day
87.6 following final enactment.
87.7 Sec. 55. [FEDERAL FUNDS.]
87.8 The commissioner of children, families, and learning shall
87.9 use federal funds available for reading-related purposes to fund
87.10 grants under Minnesota Statutes, section 120B.12.
87.11 Sec. 56. [INTEGRATION LEVY.]
87.12 Subdivision 1. [AUTHORIZATION AMOUNT.] A district eligible
87.13 for integration revenue under Minnesota Statutes, section
87.14 124D.86, subdivision 3, clause (5), is authorized to levy for
87.15 integration revenue for 2001 payable 2002 taxes an amount up to
87.16 the district's integration levy limit for fiscal years 2002 and
87.17 2003.
87.18 Subd. 2. [LEVY RECOGNITION.] Notwithstanding Minnesota
87.19 Statutes, section 123B.75, subdivision 5, for a district
87.20 eligible for integration revenue under Minnesota Statutes,
87.21 section 124D.86, subdivision 3, clause (5), the full amount of
87.22 integration levy for taxes payable in 2002, attributable to
87.23 fiscal year 2002, shall be recognized in fiscal year 2002.
87.24 Sec. 57. [SCHOOLS' ACADEMIC AND FINANCIAL PERFORMANCE
87.25 EVALUATION; INDEPENDENT CONTRACTOR.]
87.26 (a) To assist taxpayers, educators, school board members,
87.27 and state and local officials in realizing their commitment to
87.28 improving student achievement and the management of school
87.29 systems, the commissioner of children, families, and learning
87.30 shall contract with an independent school evaluation services
87.31 contractor to evaluate and report on the academic and financial
87.32 performance of the state's independent school districts using
87.33 six core categories of analysis:
87.34 (1) school district expenditures;
87.35 (2) students' performance outcomes based on multiple
87.36 indicia including students' test scores, attendance rates,
88.1 dropout rates, and graduation rates;
88.2 (3) return on resources to determine the extent to which
88.3 student outcomes improve commensurate with increases in district
88.4 spending;
88.5 (4) school district finances, taxes, and debt to establish
88.6 the context for analyzing the district's return on resources
88.7 under clause (3);
88.8 (5) students' learning environment to establish the context
88.9 for analyzing the district's return on resources under clause
88.10 (3); and
88.11 (6) school district demographics to establish the
88.12 socioeconomic context for analyzing the district's return on
88.13 resources under clause (3).
88.14 (b) In order to compare the regional and socioeconomic
88.15 peers of particular school districts, monitor educational
88.16 changes over time and identify important educational trends, the
88.17 contractor shall use the six core categories of analysis to:
88.18 (1) identify allocations of baseline and incremental school
88.19 district spending;
88.20 (2) connect student achievement with expenditure patterns;
88.21 (3) track school district financial health;
88.22 (4) observe school district debt and capital spending
88.23 levels; and
88.24 (5) measure the return on a school district's educational
88.25 resources.
88.26 (c) The contractor under paragraph (a) shall evaluate and
88.27 report on the academic and financial performance of all school
88.28 districts.
88.29 (d) Consistent with paragraph (a), clause (2), the
88.30 evaluation and reporting of test scores must distinguish between:
88.31 (1) performance-based assessments; and
88.32 (2) academic, objective knowledge-based tests.
88.33 (e) The contractor must complete its written report and
88.34 submit it to the commissioner within 360 days of the date on
88.35 which the contract is signed. The commissioner immediately must
88.36 make the report available in a readily accessible format to
89.1 state and local elected officials, members of the public,
89.2 educators, parents, and other interested individuals. The
89.3 commissioner, upon receiving an individual's request, also must
89.4 make available all draft reports prepared by the contractor,
89.5 consistent with Minnesota Statutes, chapter 13.
89.6 Sec. 58. [TECHNICAL ASSISTANCE.]
89.7 (a) The department of children, families, and learning or
89.8 the state board of teaching, at a participant's request, must
89.9 assist teachers and school districts in designing the teacher
89.10 professional development standards and training interested
89.11 parties in assessing whether and at what level teachers are
89.12 attaining the standards, consistent with Minnesota Statutes,
89.13 sections 120B.32 and 120B.33.
89.14 (b) Teachers and school districts also are encouraged to
89.15 seek assistance from education districts, education
89.16 cooperatives, and other education organizations in designing the
89.17 teacher professional development standards and training teachers
89.18 and administrators in assessing whether and at what level
89.19 teachers are attaining the standards, consistent with Minnesota
89.20 Statutes, sections 120B.32 and 120B.33.
89.21 [EFFECTIVE DATE.] This section is effective the day
89.22 following final enactment.
89.23 Sec. 59. [PARTICIPATION IN ATHLETIC ACTIVITIES; MINNESOTA
89.24 STATE HIGH SCHOOL LEAGUE STUDY.]
89.25 The Minnesota state high school league must prepare a
89.26 written report by February 15, 2002, for the legislative
89.27 committees charged with overseeing kindergarten through grade 12
89.28 education policy that indicates the interest of charter school
89.29 students in participating in athletic activities available in
89.30 the students' resident district. The Minnesota state high
89.31 school league at least must:
89.32 (1) survey the students enrolled in the state's charter
89.33 schools to determine how interested the students are in
89.34 participating in various athletic activities offered by their
89.35 resident school district;
89.36 (2) review the ability of charter schools to independently
90.1 or through a cooperative sponsorship provide students with
90.2 various athletic activities; and
90.3 (3) determine whether the league's cooperative sponsorship
90.4 rules need to be amended to facilitate cooperative sponsorship
90.5 arrangements involving charter schools. The Minnesota state
90.6 high school league must cover the costs of this report.
90.7 [EFFECTIVE DATE.] This section is effective the day
90.8 following final enactment.
90.9 Sec. 60. [CHARTER SCHOOL CONTRACTS TEMPORARILY PERMITTED.]
90.10 Notwithstanding Minnesota Statutes, section 124D.10,
90.11 subdivision 3a, a school organized as a charter school as of the
90.12 2000-2001 school year may enter into a contract of up to $2,000
90.13 annually with a nonteacher board member until June 30, 2003,
90.14 when such a contract must expire.
90.15 Sec. 61. [SCIENCE LICENSURE.]
90.16 The board of teaching must issue a teaching license to an
90.17 applicant who qualifies to teach general science to students in
90.18 grades five to eight, or who qualifies to teach a specialty in
90.19 physics, chemistry, life science, or earth and space science to
90.20 students in grades nine to 12 if the applicant meets other
90.21 applicable licensure requirements, including the requirements of
90.22 Minnesota Statutes, section 122A.18, subdivision 8.
90.23 [EFFECTIVE DATE.] This section is effective the day
90.24 following final enactment.
90.25 Sec. 62. [APPROPRIATIONS.]
90.26 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
90.27 LEARNING.] The sums indicated in this section are appropriated
90.28 from the general fund to the department of children, families,
90.29 and learning for the fiscal years indicated.
90.30 Subd. 2. [EXAMINATION FEES; TEACHER TRAINING AND SUPPORT
90.31 PROGRAMS.] (a) For students' advanced placement and
90.32 international baccalaureate examination fees under Minnesota
90.33 Statutes 2000, section 120B.13, subdivision 3, and the training
90.34 and related costs for teachers and other interested educators
90.35 under Minnesota Statutes 2000, section 120B.13, subdivision 1:
90.36 $2,000,000 ..... 2002
91.1 $2,000,000 ..... 2003
91.2 Any funds unexpended in the first year do not cancel and
91.3 are available in the second year.
91.4 (b) The advanced placement program shall receive 75 percent
91.5 of the appropriation each year and the international
91.6 baccalaureate program shall receive 25 percent of the
91.7 appropriation each year. The department, in consultation with
91.8 representatives of the advanced placement and international
91.9 baccalaureate programs selected by the advanced placement
91.10 advisory council and IBMN, respectively, shall determine the
91.11 amounts of the expenditures each year for examination fees and
91.12 training and support programs for each program.
91.13 (c) Notwithstanding Minnesota Statutes, section 120B.13,
91.14 subdivision 1, $375,000 each year is for teachers to attend
91.15 subject matter summer training programs and follow-up support
91.16 workshops approved by the advanced placement or international
91.17 baccalaureate programs. The amount of the subsidy for each
91.18 teacher attending an advanced placement or international
91.19 baccalaureate summer training program or workshop shall be the
91.20 same. The commissioner shall determine the payment process and
91.21 the amount of the subsidy.
91.22 (d) Notwithstanding Minnesota Statutes, section 120B.13,
91.23 subdivision 3, in each year to the extent of available
91.24 appropriations, the commissioner shall pay all examination fees
91.25 for all students sitting for an advanced placement examination,
91.26 international baccalaureate examination, or both. If this
91.27 amount is not adequate, the commissioner may pay less than the
91.28 full examination fee.
91.29 Any balance in the first year does not cancel but is
91.30 available in the second year.
91.31 Subd. 3. [IMPLEMENTATION ASSISTANCE.] For grants to school
91.32 districts for the costs of developing research-based teacher
91.33 professional development and assessment standards and for
91.34 training to implement the standards under Minnesota Statutes,
91.35 sections 120B.32 and 120B.33:
91.36 $1,500,000 ..... 2002
92.1 $1,500,000 ..... 2003
92.2 Districts may apply for a grant amount of $50 per full-time
92.3 equivalent instructional staff person or $2,500, whichever is
92.4 greater. No grant may exceed $50,000. Districts receiving
92.5 grants are encouraged to cooperate with other grant recipients
92.6 for the purposes of this appropriation.
92.7 This appropriation is available until June 30, 2003.
92.8 Subd. 4. [ALTERNATIVE COMPENSATION AID.] For alternative
92.9 compensation aid under Minnesota Statutes, section 120B.34:
92.10 $6,000,000 ..... 2002
92.11 $6,000,000 ..... 2003
92.12 Of the annual appropriations, at least $2,000,000 must be
92.13 awarded to school districts whose administrative offices on July
92.14 1, 2001, are located in Anoka, Carver, Dakota, Hennepin, Ramsey,
92.15 Scott, or Washington county, and at least $2,000,000 must be
92.16 awarded to school districts whose administrative offices on July
92.17 1, 2001, are not located in Anoka, Carver, Dakota, Hennepin,
92.18 Ramsey, Scott, or Washington county. If applications for
92.19 funding are not sufficient to distribute the full amount of
92.20 funding designated for each geographic area, the commissioner
92.21 may reallocate those funds to the remaining applicant districts,
92.22 regardless of their location. The commissioner shall award
92.23 grants based on the order in which the documents required under
92.24 Minnesota Statutes, section 120B.34, are received. A school
92.25 district that qualifies for aid in fiscal year 2002 remains
92.26 eligible for aid in fiscal year 2003.
92.27 Any balance in the first year does not cancel but is
92.28 available in the second year.
92.29 Subd. 5. [STATEWIDE TESTING.] For administering tests
92.30 under Minnesota Statutes, sections 120B.02; 120B.30, subdivision
92.31 1; and 120B.35:
92.32 $6,500,000 ..... 2002
92.33 $6,500,000 ..... 2003
92.34 A district may apply to the commissioner for a grant to
92.35 reimburse the district for test-related costs.
92.36 Any balance in the first year does not cancel but is
93.1 available in the second year.
93.2 Subd. 6. [CHARTER SCHOOL BUILDING LEASE AID.] For building
93.3 lease aid under Minnesota Statutes, section 124D.11, subdivision
93.4 4:
93.5 $16,554,000 ..... 2002
93.6 $25,176,000 ..... 2003
93.7 The 2002 appropriation includes $1,114,000 for 2001 and
93.8 $15,440,000 for 2002.
93.9 The 2003 appropriation includes $1,715,000 for 2002 and
93.10 $23,461,000 for 2003.
93.11 Subd. 7. [CHARTER SCHOOL STARTUP GRANTS.] For charter
93.12 school startup cost aid under Minnesota Statutes, section
93.13 124D.11:
93.14 $2,738,000 ..... 2002
93.15 $3,143,000 ..... 2003
93.16 The 2002 appropriation includes $273,000 for 2001 and
93.17 $2,465,000 for 2002.
93.18 The 2003 appropriation includes $274,000 for 2002 and
93.19 $2,869,000 for 2003.
93.20 Subd. 8. [CHARTER SCHOOL INTEGRATION AID.] For grants to
93.21 charter schools to promote integration and desegregation under
93.22 Minnesota Statutes, section 124D.11, subdivision 6, paragraph
93.23 (e):
93.24 $50,000 ..... 2002
93.25 $50,000 ..... 2003
93.26 Any balance in the first year does not cancel but is
93.27 available in the second year.
93.28 Subd. 9. [BEST PRACTICES GRANTS.] For best practices
93.29 grants:
93.30 $1,000,000 ..... 2002
93.31 $1,000,000 ..... 2003
93.32 Of this amount, $1,000,000 each year is for the Minnesota
93.33 new teacher project.
93.34 Subd. 10. [INTEGRATION AID.] For integration aid:
93.35 $63,231,000 ..... 2002
93.36 $63,742,000 ..... 2003
94.1 The 2002 appropriation includes $5,729,000 for 2001 and
94.2 $57,502,000 for 2002.
94.3 The 2003 appropriation includes $6,389,000 for 2002 and
94.4 $57,353,000 for 2003.
94.5 Subd. 11. [INTEGRATION PROGRAMS.] For minority fellowship
94.6 grants under Laws 1994, chapter 647, article 8, section 29;
94.7 minority teacher incentives under Minnesota Statutes, section
94.8 122A.65; teachers of color program grants under Minnesota
94.9 Statutes, section 122A.64; and cultural exchange grants under
94.10 Minnesota Statutes, section 124D.89:
94.11 $1,000,000 ..... 2002
94.12 $1,000,000 ..... 2003
94.13 Any balance in the first year does not cancel but is
94.14 available in the second year.
94.15 In awarding teachers of color program grants, the
94.16 commissioner must give priority to districts with students who
94.17 are currently completing their academic program.
94.18 Subd. 12. [MAGNET SCHOOL GRANTS.] For magnet school and
94.19 program grants under Minnesota Statutes, section 124D.871:
94.20 $1,750,000 ..... 2002
94.21 $1,050,000 ..... 2003
94.22 Subd. 13. [MAGNET SCHOOL STARTUP AID.] For magnet school
94.23 startup aid under Minnesota Statutes, section 124D.88:
94.24 $482,000 ..... 2002
94.25 $326,000 ..... 2003
94.26 The 2002 appropriation includes $25,000 for 2001 and
94.27 $457,000 for 2002.
94.28 The 2003 appropriation includes $51,000 for 2002 and
94.29 $275,000 for 2003.
94.30 Subd. 14. [INTERDISTRICT DESEGREGATION OR INTEGRATION
94.31 TRANSPORTATION GRANTS.] For interdistrict desegregation or
94.32 integration transportation grants under Minnesota Statutes,
94.33 section 124D.87:
94.34 $2,932,000 ..... 2003
94.35 Subd. 15. [AMERICAN INDIAN LANGUAGE AND CULTURE PROGRAMS.]
94.36 For grants to American Indian language and culture education
95.1 programs under Minnesota Statutes 2000, section 124D.81,
95.2 subdivision 1:
95.3 $73,000 ..... 2002
95.4 The 2002 appropriation includes $73,000 for 2001 and $0 for
95.5 2002.
95.6 Subd. 16. [AMERICAN INDIAN EDUCATION.] For certain
95.7 American Indian education programs in school districts:
95.8 $17,000 ..... 2002
95.9 The 2002 appropriation includes $17,000 for 2001 and $0 for
95.10 2002.
95.11 Subd. 17. [SUCCESS FOR THE FUTURE.] For American Indian
95.12 success for the future grants under Minnesota Statutes, section
95.13 124D.81:
95.14 $1,797,000 ..... 2002
95.15 $1,887,000 ..... 2003
95.16 The 2002 appropriation includes $0 for 2001 and $1,797,000
95.17 for 2002.
95.18 The 2003 appropriation includes $200,000 for 2002 and
95.19 $1,687,000 for 2003.
95.20 Subd. 18. [AMERICAN INDIAN SCHOLARSHIPS.] For American
95.21 Indian scholarships under Minnesota Statutes, section 124D.84:
95.22 $1,875,000 ..... 2002
95.23 $1,875,000 ..... 2003
95.24 Any balance in the first year does not cancel but is
95.25 available in the second year.
95.26 Subd. 19. [AMERICAN INDIAN TEACHER PREPARATION GRANTS.] (a)
95.27 For joint grants to assist American Indian people to become
95.28 teachers under Minnesota Statutes, section 122A.63:
95.29 $190,000 ..... 2002
95.30 $190,000 ..... 2003
95.31 (b) Up to $70,000 each year is for a joint grant to the
95.32 University of Minnesota at Duluth and the Duluth school district.
95.33 (c) Up to $40,000 each year is for a joint grant to each of
95.34 the following:
95.35 (1) Bemidji state university and the Red Lake school
95.36 district;
96.1 (2) Moorhead state university and a school district located
96.2 within the White Earth reservation; and
96.3 (3) Augsburg college, independent school district No. 625,
96.4 St. Paul, and the Minneapolis school district.
96.5 (d) Money not used for students at one location may be
96.6 transferred for use at another location.
96.7 (e) Any balance in the first year does not cancel but is
96.8 available in the second year.
96.9 Subd. 20. [TRIBAL CONTRACT SCHOOLS.] For tribal contract
96.10 school aid under Minnesota Statutes, section 124D.83:
96.11 $2,520,000 ..... 2002
96.12 $2,767,000 ..... 2003
96.13 The 2002 appropriation includes $192,000 for 2001 and
96.14 $2,328,000 for 2002.
96.15 The 2003 appropriation includes $258,000 for 2002 and
96.16 $2,509,000 for 2003.
96.17 Subd. 21. [EARLY CHILDHOOD PROGRAMS AT TRIBAL
96.18 SCHOOLS.] For early childhood family education programs at
96.19 tribal contract schools:
96.20 $68,000 ..... 2002
96.21 $68,000 ..... 2003
96.22 Subd. 22. [FIRST GRADE PREPAREDNESS.] For first grade
96.23 preparedness grants under Minnesota Statutes, section 124D.081:
96.24 $7,000,000 ..... 2002
96.25 $7,000,000 ..... 2003
96.26 Subd. 23. [SECONDARY VOCATIONAL EDUCATION AID.] For
96.27 secondary vocational education aid under Minnesota Statutes,
96.28 section 124D.453:
96.29 $1,242,000 ..... 2002
96.30 The 2002 appropriation includes $1,242,000 for 2001 and $0
96.31 for 2002.
96.32 Subd. 24. [YOUTHWORKS PROGRAM.] For youthworks programs
96.33 under Minnesota Statutes, sections 124D.37 to 124D.45:
96.34 $1,788,000 ..... 2002
96.35 $1,788,000 ..... 2003
96.36 A grantee organization may provide health and child care
97.1 coverage to the dependents of each participant enrolled in a
97.2 full-time youth works program to the extent such coverage is not
97.3 otherwise available.
97.4 Up to $250,000 each year may be used for the jobs for
97.5 America graduates program.
97.6 Any balance in the first year does not cancel but is
97.7 available in the second year.
97.8 Subd. 25. [EDUCATION AND EMPLOYMENT TRANSITIONS PROGRAM
97.9 GRANTS.] For education and employment transitions programming
97.10 under Minnesota Statutes, section 124D.46:
97.11 $450,000 ..... 2002
97.12 $450,000 ..... 2003
97.13 $450,000 each year is for ISEEKS.
97.14 Any balance in the first year does not cancel but is
97.15 available in the second year.
97.16 Subd. 26. [LEARN AND EARN GRADUATION ACHIEVEMENT PROGRAM.]
97.17 For the learn and earn graduation achievement program under
97.18 Minnesota Statutes, section 124D.32:
97.19 $725,000 ..... 2002
97.20 Any balance in the first year does not cancel but is
97.21 available in the second year.
97.22 Subd. 27. [SCHOOL EVALUATION SERVICES.] For contracting
97.23 with an independent school evaluation services contractor to
97.24 evaluate and report on school districts' academic and financial
97.25 performance under section 57:
97.26 $2,500,000 ..... 2002
97.27 Subd. 28. [MINNESOTA STUDENT ORGANIZATION FOUNDATION.] For
97.28 the Minnesota student organization foundation under Minnesota
97.29 Statutes, section 124D.34:
97.30 $625,000 ..... 2002
97.31 $625,000 ..... 2003
97.32 Any balance in the first year does not cancel but is
97.33 available in the second year.
97.34 Subd. 29. [READING COMPETENCY GRANTS.] For reading
97.35 competency grants under Minnesota Statutes, section 120B.12:
97.36 $100,000 ..... 2002
98.1 $100,000 ..... 2003
98.2 The commissioner must award one grant to the St. Croix
98.3 river education district by July 1, 2001.
98.4 Sec. 63. [REPEALER.]
98.5 (a) Minnesota Statutes 2000, section 124D.85, is repealed.
98.6 (b) Minnesota Statutes 2000, section 124D.32, is repealed,
98.7 effective July 1, 2002.
98.8 (c) Minnesota Statutes 2000, sections 124D.128, subdivision
98.9 7, and 135A.081, are repealed effective the day following final
98.10 enactment.
98.11 ARTICLE 3
98.12 SPECIAL PROGRAMS
98.13 Section 1. Minnesota Statutes 2000, section 120B.031,
98.14 subdivision 11, is amended to read:
98.15 Subd. 11. [TECHNOLOGY AND RECORDKEEPING.] (a) Consistent
98.16 with the requirements of this section, the commissioner must
98.17 ensure the availability and maintain the ongoing operation of a
98.18 uniform system for school districts to report profile of
98.19 learning data at the state and local levels. The
98.20 commissioner also shall designate to school districts, area
98.21 learning centers, and charter schools software packages for
98.22 reporting student performance on the content standards. The
98.23 commissioner shall ensure that the designated recordkeeping
98.24 software is capable of transferring student records between
98.25 schools and school districts and is available to school
98.26 districts at a minimal cost. The commissioner shall convene an
98.27 advisory group composed of qualified experts and interested
98.28 stakeholders to recommend to districts and charter schools
98.29 recordkeeping practices under the graduation rule. The
98.30 commissioner also must also report on an ongoing basis on
98.31 technology needs for efficient daily classroom recordkeeping and
98.32 accountability reporting.
98.33 (b) The commissioner annually shall notify inform the
98.34 education committees of the legislature that regarding
98.35 recordkeeping practices under the profile of learning until the
98.36 requirements in paragraph (a) have been fully met.
99.1 [EFFECTIVE DATE.] This section is effective the day
99.2 following final enactment.
99.3 Sec. 2. Minnesota Statutes 2000, section 121A.41,
99.4 subdivision 10, is amended to read:
99.5 Subd. 10. [SUSPENSION.] "Suspension" means an action by
99.6 the school administration, under rules promulgated by the school
99.7 board, prohibiting a pupil from attending school for a period of
99.8 no more than ten school days. If a suspension is longer than
99.9 five days, the suspending administrator must provide the
99.10 superintendent with a reason for the longer suspension. This
99.11 definition does not apply to dismissal from school for one
99.12 school day or less, except as provided in federal law for a
99.13 student with a disability. Each suspension action may include a
99.14 readmission plan. The readmission plan shall include, where
99.15 appropriate, a provision for implementing alternative
99.16 educational services upon readmission and may not be used to
99.17 extend the current suspension. Consistent with section 125A.09,
99.18 subdivision 3, the readmission plan must not obligate a parent
99.19 to provide a sympathomimetic medication for the parent's child
99.20 as a condition of readmission. The school administration may
99.21 not impose consecutive suspensions against the same pupil for
99.22 the same course of conduct, or incident of misconduct, except
99.23 where the pupil will create an immediate and substantial danger
99.24 to self or to surrounding persons or property, or where the
99.25 district is in the process of initiating an expulsion, in which
99.26 case the school administration may extend the suspension to a
99.27 total of 15 days. In the case of a student with a disability,
99.28 the student's individual education plan team must meet
99.29 immediately but not more than ten school days after the date on
99.30 which the decision to remove the student from the student's
99.31 current education placement is made. The individual education
99.32 plan team shall at that meeting: conduct a review of the
99.33 relationship between the child's disability and the behavior
99.34 subject to disciplinary action; and determine the
99.35 appropriateness of the child's education plan.
99.36 The requirements of the individual education plan team
100.1 meeting apply when:
100.2 (1) the parent requests a meeting;
100.3 (2) the student is removed from the student's current
100.4 placement for five or more consecutive days; or
100.5 (3) the student's total days of removal from the student's
100.6 placement during the school year exceed ten cumulative days in a
100.7 school year. The school administration shall implement
100.8 alternative educational services when the suspension exceeds
100.9 five days. A separate administrative conference is required for
100.10 each period of suspension.
100.11 [EFFECTIVE DATE.] This section is effective the day
100.12 following final enactment.
100.13 Sec. 3. Minnesota Statutes 2000, section 122A.18, is
100.14 amended by adding a subdivision to read:
100.15 Subd. 2b. [SPECIAL EDUCATION INFORMATION.] All colleges
100.16 and universities approved by the board of teaching to prepare
100.17 persons for classroom teacher licensure must include in their
100.18 teacher preparation programs information on special education
100.19 laws, teaching strategies, and positive behavior interventions.
100.20 [EFFECTIVE DATE.] This section is effective for the
100.21 2002-2003 school year and later.
100.22 Sec. 4. Minnesota Statutes 2000, section 122A.31, is
100.23 amended to read:
100.24 122A.31 [AMERICAN SIGN LANGUAGE/ENGLISH INTERPRETERS.]
100.25 Subdivision 1. [REQUIREMENTS FOR AMERICAN SIGN
100.26 LANGUAGE/ENGLISH INTERPRETERS.] (a) In addition to any other
100.27 requirements that a school district establishes, any person
100.28 employed to provide American sign language/English interpreting
100.29 or sign transliterating services on a full-time or part-time
100.30 basis for a school district after July 1, 2000, must:
100.31 (1) hold current interpreter and transliterator
100.32 certificates awarded by the Registry of Interpreters for the
100.33 Deaf (RID), or the general level interpreter proficiency
100.34 certificate awarded by the National Association of the Deaf
100.35 (NAD), or a comparable state certification from the commissioner
100.36 of children, families, and learning; and
101.1 (2) satisfactorily complete an interpreter/transliterator
101.2 training program affiliated with an accredited educational
101.3 institution.
101.4 (b) To provide American sign language/English interpreting
101.5 or transliterating services on a full-time or part-time basis, a
101.6 person employed in a school district during the 1999-2000 school
101.7 year must only comply with paragraph (a), clause (1). The
101.8 commissioner shall grant a nonrenewable, one-year provisional
101.9 certificate to individuals who have not attained a current
101.10 applicable transliterator certificate pursuant to paragraph (a),
101.11 clause (1). During the one-year provisional period, the
101.12 interpreter/transliterator must develop and implement an
101.13 education plan in collaboration with a mentor under paragraph
101.14 (d). This paragraph shall expire on June 30, 2001.
101.15 (c) New graduates of an interpreter/transliterator program
101.16 affiliated with an accredited education institution shall be
101.17 granted a two-year provisional certificate by the commissioner.
101.18 During the two-year provisional period, the
101.19 interpreter/transliterator must develop and implement an
101.20 education plan in collaboration with a mentor under paragraph
101.21 (d) (c). This paragraph applies to spring semester 2000
101.22 graduates and thereafter.
101.23 (d) (c) A mentor of a provisionally certified
101.24 interpreter/transliterator must be an interpreter/transliterator
101.25 who has either NAD level IV or V certification or RID certified
101.26 interpreter and certified transliterator certification and have
101.27 at least three years interpreting/transliterating experience in
101.28 any educational setting. The mentor, in collaboration with the
101.29 provisionally certified interpreter/transliterator, shall
101.30 develop and implement an education plan designed to meet the
101.31 requirements of paragraph (a), clause (1), and include a weekly
101.32 on-site mentoring process.
101.33 (d) Consistent with the requirements of this paragraph, a
101.34 person holding a two-year provisional certificate may apply to
101.35 the commissioner for a time-limited extension. The
101.36 commissioner, in consultation with the commission serving deaf
102.1 and hard-of-hearing people, must grant the person a time-limited
102.2 extension of the provisional certificate based on the following
102.3 documentation:
102.4 (1) letters of support from the person's mentor, a parent
102.5 of a pupil the person serves, the special education director of
102.6 the district in which the person is employed, and a
102.7 representative from the regional service center of the deaf and
102.8 hard-of-hearing;
102.9 (2) records of the person's formal education, training,
102.10 experience, and progress on the person's education plan; and
102.11 (3) an explanation of why an extension is needed.
102.12 As a condition of receiving an extension, the person must
102.13 comply with a plan and the accompanying time line for meeting
102.14 the requirements of this subdivision. A committee composed of
102.15 the director of the Minnesota resource center serving deaf and
102.16 hard-of-hearing, or the director's designee, a representative of
102.17 the Minnesota association of deaf citizens, a representative of
102.18 the Minnesota registry of interpreters of the deaf, and other
102.19 appropriate persons selected by the commissioner must develop
102.20 the plan and time line for the person receiving the extension.
102.21 (e) A school district may not employ only an
102.22 interpreter/transliterator who has not been certified under
102.23 paragraph (a), or (b), or (c) for whom a time-limited extension
102.24 has been granted under paragraph (d).
102.25 Subd. 2. [ORAL OR CUED SPEECH TRANSLITERATORS.] (a) In
102.26 addition to any other requirements that a school district
102.27 establishes, any person employed to provide oral transliterating
102.28 or cued speech transliterating services on a full-time or
102.29 part-time basis for a school district after July 1, 2000, must
102.30 hold a current applicable transliterator certificate awarded by
102.31 the national certifying association or comparable state
102.32 certification from the commissioner of children, families, and
102.33 learning.
102.34 (b) Consistent with the requirements of this paragraph, a
102.35 person holding a two-year provisional certificate may apply to
102.36 the commissioner for a time-limited extension. The
103.1 commissioner, in consultation with the commission serving deaf
103.2 and hard-of-hearing people, must grant the person a time-limited
103.3 extension of the provisional certificate based on the following
103.4 documentation:
103.5 (1) letters of support from the person's mentor, a parent
103.6 of a pupil the person serves, the special education director of
103.7 the district in which the person is employed, and a
103.8 representative from the regional service center of the deaf and
103.9 hard-of-hearing;
103.10 (2) records of the person's formal education, training,
103.11 experience, and progress on the person's education plan; and
103.12 (3) an explanation of why an extension is needed.
103.13 As a condition of receiving an extension, the person must
103.14 comply with a plan and the accompanying time line for meeting
103.15 the requirements of this subdivision. A committee composed of
103.16 the director of the Minnesota resource center serving deaf and
103.17 hard-of-hearing, or the director's designee, a representative of
103.18 the Minnesota association of deaf citizens, a representative of
103.19 the Minnesota registry of interpreters of the deaf, and other
103.20 appropriate persons selected by the commissioner must develop
103.21 the plan and time line for the person receiving the extension.
103.22 Subd. 3. [QUALIFIED INTERPRETERS.] The department of
103.23 children, families, and learning and the resource center: deaf
103.24 and hard of hearing shall work with existing
103.25 interpreter/transliterator training programs, other
103.26 training/educational institutions, and the regional service
103.27 centers to ensure that ongoing staff development training for
103.28 educational interpreters/transliterators is provided throughout
103.29 the state.
103.30 Subd. 4. [REIMBURSEMENT.] (a) For purposes of revenue
103.31 under section 125A.78, the department of children, families, and
103.32 learning must only reimburse school districts for the services
103.33 of those interpreters/transliterators who satisfy the standards
103.34 of competency under this section.
103.35 (b) Notwithstanding paragraph (a), a district shall be
103.36 reimbursed for the services of interpreters with a nonrenewable
104.1 provisional certificate and, interpreters/transliterators
104.2 employed to mentor the provisional certified interpreters and
104.3 persons for whom a time-limited extension has been granted under
104.4 subdivision 1, paragraph (d), or subdivision 2, paragraph (b).
104.5 [EFFECTIVE DATE.] This section is effective for the
104.6 2001-2002 school year and later.
104.7 Sec. 5. Minnesota Statutes 2000, section 122A.61,
104.8 subdivision 1, is amended to read:
104.9 Subdivision 1. [STAFF DEVELOPMENT REVENUE.] A district is
104.10 required to reserve an amount equal to at least two percent of
104.11 the basic revenue under section 126C.10, subdivision 2, for
104.12 in-service education for programs under section 120B.22,
104.13 subdivision 2, for staff development plans, including plans for
104.14 challenging instructional activities and experiences under
104.15 section 122A.60, and for curriculum development and programs,
104.16 other in-service education, teachers' workshops, teacher
104.17 conferences, the cost of substitute teachers staff development
104.18 purposes, preservice and in-service education for special
104.19 education professionals and paraprofessionals, and other related
104.20 costs for staff development efforts. A district may annually
104.21 waive the requirement to reserve their basic revenue under this
104.22 section if a majority vote of the licensed teachers in the
104.23 district and a majority vote of the school board agree to a
104.24 resolution to waive the requirement. A district in statutory
104.25 operating debt is exempt from reserving basic revenue according
104.26 to this section. Districts may expend an additional amount of
104.27 unreserved revenue for staff development based on their needs.
104.28 With the exception of amounts reserved for staff development
104.29 from revenues allocated directly to school sites, the board must
104.30 initially allocate 50 percent of the reserved revenue to each
104.31 school site in the district on a per teacher basis, which must
104.32 be retained by the school site until used. The board may retain
104.33 25 percent to be used for district wide staff development
104.34 efforts. The remaining 25 percent of the revenue must be used
104.35 to make grants to school sites for best practices methods. A
104.36 grant may be used for any purpose authorized under section
105.1 120B.22, subdivision 2, 122A.60, or for the costs of curriculum
105.2 development and programs, other in-service education, teachers'
105.3 workshops, teacher conferences, substitute teachers for staff
105.4 development purposes, and other staff development efforts, and
105.5 determined by the site professional development team. The site
105.6 professional development team must demonstrate to the school
105.7 board the extent to which staff at the site have met the
105.8 outcomes of the program. The board may withhold a portion of
105.9 initial allocation of revenue if the staff development outcomes
105.10 are not being met.
105.11 [EFFECTIVE DATE.] This section is effective the day
105.12 following final enactment.
105.13 Sec. 6. Minnesota Statutes 2000, section 124D.65,
105.14 subdivision 5, is amended to read:
105.15 Subd. 5. [SCHOOL DISTRICT LEP REVENUE.] (a) A school
105.16 district's limited English proficiency programs revenue for
105.17 fiscal year 2000 equals the state total limited English
105.18 proficiency programs revenue, minus the amount determined under
105.19 paragraph (b), times the ratio of the district's adjusted
105.20 limited English proficiency programs base revenue to the state
105.21 total adjusted limited English proficiency programs base revenue.
105.22 (b) Notwithstanding paragraph (a), if the limited English
105.23 proficiency programs base revenue for a district equals zero,
105.24 the limited English proficiency programs revenue equals the sum
105.25 of the following amounts, computed using current year data:
105.26 (1) 68 percent of the salary of one full-time equivalent
105.27 teacher for each 40 pupils of limited English proficiency
105.28 enrolled, or 68 percent of the salary of one-half of a full-time
105.29 teacher in a district with 20 or fewer pupils of limited English
105.30 proficiency enrolled; and
105.31 (2) for supplies and equipment purchased or rented for use
105.32 in the instruction of pupils of limited English proficiency an
105.33 amount equal to 47 percent of the sum actually spent by the
105.34 district but not to exceed an average of $47 in any one school
105.35 year for each pupil of limited English proficiency receiving
105.36 instruction.
106.1 (c) A district's limited English proficiency programs
106.2 revenue for fiscal year 2001 and later equals the product of
106.3 $584 times the greater of 20 or the number of adjusted marginal
106.4 cost pupils of limited English proficiency enrolled in the
106.5 district during the current fiscal year.
106.6 (d) A pupil ceases to generate state limited English
106.7 proficiency aid in the school year following the school year in
106.8 which the pupil attains the state cut-off score on a
106.9 commissioner-provided assessment that measures the pupil's
106.10 emerging academic English.
106.11 [EFFECTIVE DATE.] This section is effective July 1, 2002.
106.12 Sec. 7. Minnesota Statutes 2000, section 125A.023,
106.13 subdivision 4, is amended to read:
106.14 Subd. 4. [STATE INTERAGENCY COMMITTEE.] (a) The governor
106.15 shall convene an 18-member a 19-member interagency committee to
106.16 develop and implement a coordinated, multidisciplinary,
106.17 interagency intervention service system for children ages three
106.18 to 21 with disabilities. The commissioners of commerce,
106.19 children, families, and learning, health, human rights, human
106.20 services, economic security, and corrections shall each appoint
106.21 two committee members from their departments; the association of
106.22 Minnesota counties shall appoint two county representatives, one
106.23 of whom must be an elected official, as committee members; and
106.24 the Minnesota school boards association, the Minnesota
106.25 administrators of special education, and the school nurse
106.26 association of Minnesota shall each appoint one committee
106.27 member. The committee shall select a chair from among its
106.28 members.
106.29 (b) The committee shall:
106.30 (1) identify and assist in removing state and federal
106.31 barriers to local coordination of services provided to children
106.32 with disabilities;
106.33 (2) identify adequate, equitable, and flexible funding
106.34 sources to streamline these services;
106.35 (3) develop guidelines for implementing policies that
106.36 ensure a comprehensive and coordinated system of all state and
107.1 local agency services, including multidisciplinary assessment
107.2 practices for children with disabilities ages three to 21;
107.3 (4) develop, consistent with federal law, a standardized
107.4 written plan for providing services to a child with
107.5 disabilities;
107.6 (5) identify how current systems for dispute resolution can
107.7 be coordinated and develop guidelines for that coordination;
107.8 (6) develop an evaluation process to measure the success of
107.9 state and local interagency efforts in improving the quality and
107.10 coordination of services to children with disabilities ages
107.11 three to 21;
107.12 (7) develop guidelines to assist the governing boards of
107.13 the interagency early intervention committees in carrying out
107.14 the duties assigned in section 125A.027, subdivision 1,
107.15 paragraph (b); and
107.16 (8) carry out other duties necessary to develop and
107.17 implement within communities a coordinated, multidisciplinary,
107.18 interagency intervention service system for children with
107.19 disabilities.
107.20 (c) The committee shall consult on an ongoing basis with
107.21 the state education advisory committee for special education and
107.22 the governor's interagency coordinating council in carrying out
107.23 its duties under this section, including assisting the governing
107.24 boards of the interagency early intervention committees.
107.25 Sec. 8. Minnesota Statutes 2000, section 125A.08, is
107.26 amended to read:
107.27 125A.08 [SCHOOL DISTRICT OBLIGATIONS.]
107.28 (a) As defined in this section, every district must ensure
107.29 the following:
107.30 (1) all students with disabilities are provided the special
107.31 instruction and services which are appropriate to their needs.
107.32 Where the individual education plan team has determined
107.33 appropriate goals and objectives based on the student's needs,
107.34 including the extent to which the student can be included in the
107.35 least restrictive environment, and where there are essentially
107.36 equivalent and effective instruction, related services, or
108.1 assistive technology devices available to meet the student's
108.2 needs, cost to the district may be among the factors considered
108.3 by the team in choosing how to provide the appropriate services,
108.4 instruction, or devices that are to be made part of the
108.5 student's individual education plan. The individual education
108.6 plan team shall consider and may authorize services covered by
108.7 medical assistance according to section 256B.0625, subdivision
108.8 26. The student's needs and the special education instruction
108.9 and services to be provided must be agreed upon through the
108.10 development of an individual education plan. The plan must
108.11 address the student's need to develop skills to live and work as
108.12 independently as possible within the community. The individual
108.13 education plan team must consider positive behavioral
108.14 interventions, strategies, and supports that address behavior
108.15 for children with attention deficit disorder or attention
108.16 deficit hyperactivity disorder. By grade 9 or age 14, the plan
108.17 must address the student's needs for transition from secondary
108.18 services to post-secondary education and training, employment,
108.19 community participation, recreation, and leisure and home
108.20 living. In developing the plan, districts must inform parents
108.21 of the full range of transitional goals and related services
108.22 that should be considered. The plan must include a statement of
108.23 the needed transition services, including a statement of the
108.24 interagency responsibilities or linkages or both before
108.25 secondary services are concluded;
108.26 (2) children with a disability under age five and their
108.27 families are provided special instruction and services
108.28 appropriate to the child's level of functioning and needs;
108.29 (3) children with a disability and their parents or
108.30 guardians are guaranteed procedural safeguards and the right to
108.31 participate in decisions involving identification, assessment
108.32 including assistive technology assessment, and educational
108.33 placement of children with a disability;
108.34 (4) eligibility and needs of children with a disability are
108.35 determined by an initial assessment or reassessment, which may
108.36 be completed using existing data under United States Code, title
109.1 20, section 33, et seq.;
109.2 (5) to the maximum extent appropriate, children with a
109.3 disability, including those in public or private institutions or
109.4 other care facilities, are educated with children who are not
109.5 disabled, and that special classes, separate schooling, or other
109.6 removal of children with a disability from the regular
109.7 educational environment occurs only when and to the extent that
109.8 the nature or severity of the disability is such that education
109.9 in regular classes with the use of supplementary services cannot
109.10 be achieved satisfactorily;
109.11 (6) in accordance with recognized professional standards,
109.12 testing and evaluation materials, and procedures used for the
109.13 purposes of classification and placement of children with a
109.14 disability are selected and administered so as not to be
109.15 racially or culturally discriminatory; and
109.16 (7) the rights of the child are protected when the parents
109.17 or guardians are not known or not available, or the child is a
109.18 ward of the state.
109.19 (b) For paraprofessionals employed to work in programs for
109.20 students with disabilities, the school board in each district
109.21 shall ensure that:
109.22 (1) before or immediately upon employment, each
109.23 paraprofessional develops sufficient knowledge and skills in
109.24 emergency procedures, building orientation, roles and
109.25 responsibilities, confidentiality, vulnerability, and
109.26 reportability, among other things, to begin meeting the needs of
109.27 the students with whom the paraprofessional works;
109.28 (2) annual training opportunities are available to enable
109.29 the paraprofessional to continue to further develop the
109.30 knowledge and skills that are specific to the students with whom
109.31 the paraprofessional works, including understanding
109.32 disabilities, following lesson plans, and implementing follow-up
109.33 instructional procedures and activities; and
109.34 (3) a districtwide process obligates each paraprofessional
109.35 to work under the ongoing direction of a licensed teacher and,
109.36 where appropriate and possible, the supervision of a school
110.1 nurse.
110.2 [EFFECTIVE DATE.] This section is effective the day
110.3 following final enactment.
110.4 Sec. 9. Minnesota Statutes 2000, section 125A.09,
110.5 subdivision 3, is amended to read:
110.6 Subd. 3. [INITIAL ACTION; PARENT CONSENT.] (a) The
110.7 district must not proceed with the initial formal assessment of
110.8 a child, the initial placement of a child in a special education
110.9 program, or the initial provision of special education services
110.10 for a child without the prior written consent of the child's
110.11 parent or guardian. The refusal of a parent or guardian to
110.12 consent may be overridden by the decision in a hearing held
110.13 pursuant to subdivision 6 at the district's initiative.
110.14 (b) A parent, after consulting with health care, education,
110.15 or other professional providers, may agree or disagree to
110.16 provide the parent's child with sympathomimetic medications
110.17 unless section 144.344 applies.
110.18 [EFFECTIVE DATE.] This section is effective the day
110.19 following final enactment.
110.20 Sec. 10. Minnesota Statutes 2000, section 125A.11,
110.21 subdivision 3, is amended to read:
110.22 Subd. 3. [AGREEMENT BETWEEN DISTRICTS TO PROVIDE SPECIAL
110.23 INSTRUCTION AND SERVICES.] For the purposes of this section, any
110.24 school district may enter into an agreement, upon mutually
110.25 agreed upon terms and conditions, to provide special instruction
110.26 and services for children with a disability. In that event, one
110.27 of the participating units may employ and contract with
110.28 necessary qualified personnel to offer services in the several
110.29 districts. Each participating unit must reimburse the employing
110.30 unit a proportionate amount of the actual cost of providing the
110.31 special instruction and services, less the amount of state
110.32 special education aid, which shall be claimed in full by the
110.33 employing district.
110.34 Sec. 11. Minnesota Statutes 2000, section 125A.27,
110.35 subdivision 15, is amended to read:
110.36 Subd. 15. [PART H C STATE PLAN.] "Part H C state plan"
111.1 means the annual state plan application approved by the federal
111.2 government under the Individuals with Disabilities Education
111.3 Act, United States Code, title 20, section 1471 et seq. (Part H
111.4 C, Public Law Number 102-119 105-117).
111.5 Sec. 12. Minnesota Statutes 2000, section 125A.76,
111.6 subdivision 1, is amended to read:
111.7 Subdivision 1. [DEFINITIONS.] For the purposes of this
111.8 section, the definitions in this subdivision apply.
111.9 (a) "Base year" for fiscal year 1998 and later fiscal years
111.10 means the second fiscal year preceding the fiscal year for which
111.11 aid will be paid.
111.12 (b) "Basic revenue" has the meaning given it in section
111.13 126C.10, subdivision 2. For the purposes of computing basic
111.14 revenue pursuant to this section, each child with a disability
111.15 shall be counted as prescribed in section 126C.05, subdivision 1.
111.16 (c) "Essential personnel" means teachers, cultural
111.17 liaisons, related services, and support services staff providing
111.18 direct services to students. Essential personnel may also
111.19 include special education paraprofessionals or clericals
111.20 providing support to teachers and students by preparing
111.21 paperwork and making arrangements related to special education
111.22 compliance requirements, including parent meetings and
111.23 individual education plans.
111.24 (d) "Average daily membership" has the meaning given it in
111.25 section 126C.05.
111.26 (e) "Program growth factor" means 1.08 for fiscal year
111.27 2002, and 1.046 for fiscal year 2003 and later.
111.28 Sec. 13. Minnesota Statutes 2000, section 125A.76,
111.29 subdivision 2, is amended to read:
111.30 Subd. 2. [SPECIAL EDUCATION BASE REVENUE.] (a) The special
111.31 education base revenue equals the sum of the following amounts
111.32 computed using base year data:
111.33 (1) 68 percent of the salary of each essential person
111.34 employed in the district's program for children with a
111.35 disability during the fiscal year, not including the share of
111.36 salaries for personnel providing health-related services counted
112.1 in clause (8), whether the person is employed by one or more
112.2 districts or a Minnesota correctional facility operating on a
112.3 fee-for-service basis;
112.4 (2) for the Minnesota state academy for the deaf or the
112.5 Minnesota state academy for the blind, 68 percent of the salary
112.6 of each instructional aide assigned to a child attending the
112.7 academy, if that aide is required by the child's individual
112.8 education plan;
112.9 (3) for special instruction and services provided to any
112.10 pupil by contracting with public, private, or voluntary agencies
112.11 other than school districts, in place of special instruction and
112.12 services provided by the district, 52 percent of the difference
112.13 between the amount of the contract and the basic revenue of the
112.14 district for that pupil amount of the basic revenue, as defined
112.15 in section 126C.10, subdivision 2, special education aid, and
112.16 any other aid earned on behalf of the child for the fraction of
112.17 the school day the pupil receives services under the contract;
112.18 (4) for special instruction and services provided to any
112.19 pupil by contracting for services with public, private, or
112.20 voluntary agencies other than school districts, that are
112.21 supplementary to a full educational program provided by the
112.22 school district, 52 percent of the amount of the contract for
112.23 that pupil;
112.24 (5) for supplies and equipment purchased or rented for use
112.25 in the instruction of children with a disability, not including
112.26 the portion of the expenses for supplies and equipment used to
112.27 provide health-related services counted in clause (8), an amount
112.28 equal to 47 percent of the sum actually expended by the
112.29 district, or a Minnesota correctional facility operating on a
112.30 fee-for-service basis, but not to exceed an average of $47 in
112.31 any one school year for each child with a disability receiving
112.32 instruction;
112.33 (6) for fiscal years 1997 and later, special education base
112.34 revenue shall include amounts under clauses (1) to (5) for
112.35 special education summer programs provided during the base year
112.36 for that fiscal year; and
113.1 (7) for fiscal years 1999 and later, the cost of providing
113.2 transportation services for children with disabilities under
113.3 section 123B.92, subdivision 1, paragraph (b), clause (4).
113.4 The department shall establish procedures through the
113.5 uniform financial accounting and reporting system to identify
113.6 and track all revenues generated from third-party billings as
113.7 special education revenue at the school district level; include
113.8 revenue generated from third-party billings as special education
113.9 revenue in the annual cross-subsidy report; and exclude
113.10 third-party revenue from calculation of excess cost aid to the
113.11 districts.
113.12 (b) If requested by a school district operating a special
113.13 education program during the base year for less than the full
113.14 fiscal year, or a school district in which is located a
113.15 Minnesota correctional facility operating on a fee-for-service
113.16 basis for less than the full fiscal year, the commissioner may
113.17 adjust the base revenue to reflect the expenditures that would
113.18 have occurred during the base year had the program been operated
113.19 for the full fiscal year.
113.20 (c) Notwithstanding paragraphs (a) and (b), the portion of
113.21 a school district's base revenue attributable to a Minnesota
113.22 correctional facility operating on a fee-for-service basis
113.23 during the facility's first year of operating on a
113.24 fee-for-service basis shall be computed using current year data.
113.25 Sec. 14. Minnesota Statutes 2000, section 260A.01, is
113.26 amended to read:
113.27 260A.01 [TRUANCY PROGRAMS AND SERVICES.]
113.28 (a) The programs in this chapter are designed to provide a
113.29 continuum of intervention and services to support families and
113.30 children in keeping children in school and combating truancy and
113.31 educational neglect. School districts, county attorneys, and
113.32 law enforcement may establish the programs and coordinate them
113.33 with other community-based truancy services in order to provide
113.34 the necessary and most effective intervention for children and
113.35 their families. This continuum of intervention and services
113.36 involves progressively intrusive intervention, beginning with
114.1 strong service-oriented efforts at the school and community
114.2 level and involving the court's authority only when necessary.
114.3 (b) Consistent with section 125A.09, subdivision 3, a
114.4 parent's refusal to provide the parent's child with
114.5 sympathomimetic medications does not constitute educational
114.6 neglect.
114.7 [EFFECTIVE DATE.] This section is effective the day
114.8 following final enactment.
114.9 Sec. 15. Minnesota Statutes 2000, section 260C.163,
114.10 subdivision 11, is amended to read:
114.11 Subd. 11. [PRESUMPTIONS REGARDING TRUANCY OR EDUCATIONAL
114.12 NEGLECT.] (a) A child's absence from school is presumed to be
114.13 due to the parent's, guardian's, or custodian's failure to
114.14 comply with compulsory instruction laws if the child is under 12
114.15 years old and the school has made appropriate efforts to resolve
114.16 the child's attendance problems; this presumption may be
114.17 rebutted based on a showing by clear and convincing evidence
114.18 that the child is habitually truant. A child's absence from
114.19 school without lawful excuse, when the child is 12 years old or
114.20 older, is presumed to be due to the child's intent to be absent
114.21 from school; this presumption may be rebutted based on a showing
114.22 by clear and convincing evidence that the child's absence is due
114.23 to the failure of the child's parent, guardian, or custodian to
114.24 comply with compulsory instruction laws, sections 120A.22 and
114.25 120A.24.
114.26 (b) Consistent with section 125A.09, subdivision 3, a
114.27 parent's refusal to provide the parent's child with
114.28 sympathomimetic medications does not constitute educational
114.29 neglect.
114.30 [EFFECTIVE DATE.] This section is effective the day
114.31 following final enactment.
114.32 Sec. 16. Minnesota Statutes 2000, section 626.556,
114.33 subdivision 2, is amended to read:
114.34 Subd. 2. [DEFINITIONS.] As used in this section, the
114.35 following terms have the meanings given them unless the specific
114.36 content indicates otherwise:
115.1 (a) "Sexual abuse" means the subjection of a child by a
115.2 person responsible for the child's care, by a person who has a
115.3 significant relationship to the child, as defined in section
115.4 609.341, or by a person in a position of authority, as defined
115.5 in section 609.341, subdivision 10, to any act which constitutes
115.6 a violation of section 609.342 (criminal sexual conduct in the
115.7 first degree), 609.343 (criminal sexual conduct in the second
115.8 degree), 609.344 (criminal sexual conduct in the third degree),
115.9 609.345 (criminal sexual conduct in the fourth degree), or
115.10 609.3451 (criminal sexual conduct in the fifth degree). Sexual
115.11 abuse also includes any act which involves a minor which
115.12 constitutes a violation of prostitution offenses under sections
115.13 609.321 to 609.324 or 617.246. Sexual abuse includes threatened
115.14 sexual abuse.
115.15 (b) "Person responsible for the child's care" means (1) an
115.16 individual functioning within the family unit and having
115.17 responsibilities for the care of the child such as a parent,
115.18 guardian, or other person having similar care responsibilities,
115.19 or (2) an individual functioning outside the family unit and
115.20 having responsibilities for the care of the child such as a
115.21 teacher, school administrator, or other lawful custodian of a
115.22 child having either full-time or short-term care
115.23 responsibilities including, but not limited to, day care,
115.24 babysitting whether paid or unpaid, counseling, teaching, and
115.25 coaching.
115.26 (c) "Neglect" means:
115.27 (1) failure by a person responsible for a child's care to
115.28 supply a child with necessary food, clothing, shelter, health,
115.29 medical, or other care required for the child's physical or
115.30 mental health when reasonably able to do so;
115.31 (2) failure to protect a child from conditions or actions
115.32 which imminently and seriously endanger the child's physical or
115.33 mental health when reasonably able to do so;
115.34 (3) failure to provide for necessary supervision or child
115.35 care arrangements appropriate for a child after considering
115.36 factors as the child's age, mental ability, physical condition,
116.1 length of absence, or environment, when the child is unable to
116.2 care for the child's own basic needs or safety, or the basic
116.3 needs or safety of another child in their care;
116.4 (4) failure to ensure that the child is educated as defined
116.5 in sections 120A.22 and 260C.163, subdivision 11, which does not
116.6 include a parent's refusal to provide the parent's child with
116.7 sympathomimetic medications, consistent with section 125A.09,
116.8 subdivision 3;
116.9 (5) nothing in this section shall be construed to mean that
116.10 a child is neglected solely because the child's parent,
116.11 guardian, or other person responsible for the child's care in
116.12 good faith selects and depends upon spiritual means or prayer
116.13 for treatment or care of disease or remedial care of the child
116.14 in lieu of medical care; except that a parent, guardian, or
116.15 caretaker, or a person mandated to report pursuant to
116.16 subdivision 3, has a duty to report if a lack of medical care
116.17 may cause serious danger to the child's health. This section
116.18 does not impose upon persons, not otherwise legally responsible
116.19 for providing a child with necessary food, clothing, shelter,
116.20 education, or medical care, a duty to provide that care;
116.21 (6) prenatal exposure to a controlled substance, as defined
116.22 in section 253B.02, subdivision 2, used by the mother for a
116.23 nonmedical purpose, as evidenced by withdrawal symptoms in the
116.24 child at birth, results of a toxicology test performed on the
116.25 mother at delivery or the child at birth, or medical effects or
116.26 developmental delays during the child's first year of life that
116.27 medically indicate prenatal exposure to a controlled substance;
116.28 (7) "medical neglect" as defined in section 260C.007,
116.29 subdivision 4, clause (5);
116.30 (8) chronic and severe use of alcohol or a controlled
116.31 substance by a parent or person responsible for the care of the
116.32 child that adversely affects the child's basic needs and safety;
116.33 or
116.34 (9) emotional harm from a pattern of behavior which
116.35 contributes to impaired emotional functioning of the child which
116.36 may be demonstrated by a substantial and observable effect in
117.1 the child's behavior, emotional response, or cognition that is
117.2 not within the normal range for the child's age and stage of
117.3 development, with due regard to the child's culture.
117.4 (d) "Physical abuse" means any physical injury, mental
117.5 injury, or threatened injury, inflicted by a person responsible
117.6 for the child's care on a child other than by accidental means,
117.7 or any physical or mental injury that cannot reasonably be
117.8 explained by the child's history of injuries, or any aversive
117.9 and deprivation procedures that have not been authorized under
117.10 section 245.825. Abuse does not include reasonable and moderate
117.11 physical discipline of a child administered by a parent or legal
117.12 guardian which does not result in an injury. Actions which are
117.13 not reasonable and moderate include, but are not limited to, any
117.14 of the following that are done in anger or without regard to the
117.15 safety of the child:
117.16 (1) throwing, kicking, burning, biting, or cutting a child;
117.17 (2) striking a child with a closed fist;
117.18 (3) shaking a child under age three;
117.19 (4) striking or other actions which result in any
117.20 nonaccidental injury to a child under 18 months of age;
117.21 (5) unreasonable interference with a child's breathing;
117.22 (6) threatening a child with a weapon, as defined in
117.23 section 609.02, subdivision 6;
117.24 (7) striking a child under age one on the face or head;
117.25 (8) purposely giving a child poison, alcohol, or dangerous,
117.26 harmful, or controlled substances which were not prescribed for
117.27 the child by a practitioner, in order to control or punish the
117.28 child; or other substances that substantially affect the child's
117.29 behavior, motor coordination, or judgment or that results in
117.30 sickness or internal injury, or subjects the child to medical
117.31 procedures that would be unnecessary if the child were not
117.32 exposed to the substances; or
117.33 (9) unreasonable physical confinement or restraint not
117.34 permitted under section 609.379, including but not limited to
117.35 tying, caging, or chaining.
117.36 (e) "Report" means any report received by the local welfare
118.1 agency, police department, or county sheriff pursuant to this
118.2 section.
118.3 (f) "Facility" means a licensed or unlicensed day care
118.4 facility, residential facility, agency, hospital, sanitarium, or
118.5 other facility or institution required to be licensed under
118.6 sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or
118.7 chapter 245B; or a school as defined in sections 120A.05,
118.8 subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed
118.9 personal care provider organization as defined in sections
118.10 256B.04, subdivision 16, and 256B.0625, subdivision 19a.
118.11 (g) "Operator" means an operator or agency as defined in
118.12 section 245A.02.
118.13 (h) "Commissioner" means the commissioner of human services.
118.14 (i) "Assessment" includes authority to interview the child,
118.15 the person or persons responsible for the child's care, the
118.16 alleged perpetrator, and any other person with knowledge of the
118.17 abuse or neglect for the purpose of gathering the facts,
118.18 assessing the risk to the child, and formulating a plan.
118.19 (j) "Practice of social services," for the purposes of
118.20 subdivision 3, includes but is not limited to employee
118.21 assistance counseling and the provision of guardian ad litem and
118.22 parenting time expeditor services.
118.23 (k) "Mental injury" means an injury to the psychological
118.24 capacity or emotional stability of a child as evidenced by an
118.25 observable or substantial impairment in the child's ability to
118.26 function within a normal range of performance and behavior with
118.27 due regard to the child's culture.
118.28 (l) "Threatened injury" means a statement, overt act,
118.29 condition, or status that represents a substantial risk of
118.30 physical or sexual abuse or mental injury.
118.31 (m) Persons who conduct assessments or investigations under
118.32 this section shall take into account accepted child-rearing
118.33 practices of the culture in which a child participates, which
118.34 are not injurious to the child's health, welfare, and safety.
118.35 [EFFECTIVE DATE.] This section is effective the day
118.36 following final enactment.
119.1 Sec. 17. Laws 2000, chapter 489, article 3, section 24, is
119.2 amended to read:
119.3 Sec. 24. [SPECIAL EDUCATION CROSS-SUBSIDY REVENUE.]
119.4 (a) For fiscal year 2000, a school district shall receive
119.5 an amount of revenue equal to $8.15 times the district's
119.6 adjusted marginal cost pupil units.
119.7 (b) For fiscal year 2001, a school district shall receive
119.8 an amount of revenue equal to $19 times the district's adjusted
119.9 marginal cost pupil units. Special education cross-subsidy
119.10 revenue must be used to pay for a district's unfunded special
119.11 education costs that are currently cross-subsidized by a
119.12 district's general education revenue.
119.13 (c) The fiscal year 2001 revenue is paid entirely in fiscal
119.14 year 2001 based on estimated data. By January 31, 2002, the
119.15 department of children, families, and learning shall recalculate
119.16 the revenue for each district using actual data, and shall
119.17 adjust the general education aid paid to school districts for
119.18 fiscal year 2002 by the amount of the difference between the
119.19 estimated revenue and the actual revenue.
119.20 Sec. 18. [INTERAGENCY AUTISM COORDINATING COMMITTEE.]
119.21 (a) The commissioner of children, families, and learning
119.22 shall establish an interagency committee to coordinate state
119.23 efforts related to serving children with autism. The committee
119.24 shall include representatives of the departments of children,
119.25 families, and learning and human services; parents or guardians
119.26 of children with autism; pediatricians; local public health
119.27 officials; and representatives of private or nonprofit
119.28 organizations that advocate on behalf of children with autism.
119.29 (b) The interagency autism coordinating committee shall
119.30 study and recommend by December 1, 2001, to the committees in
119.31 the legislature charged with early childhood through grade 12
119.32 education policy and finance matters a plan for improving
119.33 efforts at early assessment and identification of autism in
119.34 young children. The plan must consider:
119.35 (1) all existing assessment program options;
119.36 (2) public and private funding sources including
120.1 programmatic funding for early and periodic screening,
120.2 diagnosis, and treatment; and
120.3 (3) current, research-based best practice models.
120.4 The plan must be designed to make optimal use of existing public
120.5 resources.
120.6 (c) The committee expires June 30, 2003.
120.7 [EFFECTIVE DATE.] This section is effective the day
120.8 following final enactment.
120.9 Sec. 19. [APPROPRIATIONS.]
120.10 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
120.11 LEARNING.] The sums indicated in this section are appropriated
120.12 from the general fund to the department of children, families,
120.13 and learning for the fiscal years designated.
120.14 Subd. 2. [SPECIAL EDUCATION AID.] For special education
120.15 aid according to Minnesota Statutes, section 125A.75:
120.16 $507,448,000 ..... 2002
120.17 $531,481,000 ..... 2003
120.18 The 2002 appropriation includes $47,400,000 for 2001 and
120.19 $460,048,000 for 2002.
120.20 The 2003 appropriation includes $51,116,000 for 2002 and
120.21 $480,365,000 for 2003.
120.22 Subd. 3. [AID FOR CHILDREN WITH A DISABILITY.] For aid
120.23 according to Minnesota Statutes, section 125A.75, subdivision 3,
120.24 for children with a disability placed in residential facilities
120.25 within the district boundaries for whom no district of residence
120.26 can be determined:
120.27 $1,877,000 ..... 2002
120.28 $2,033,000 ..... 2003
120.29 If the appropriation for either year is insufficient, the
120.30 appropriation for the other year is available. Any balance in
120.31 the first year does not cancel but is available in the second
120.32 year.
120.33 Subd. 4. [TRAVEL FOR HOME-BASED SERVICES.] For aid for
120.34 teacher travel for home-based services according to Minnesota
120.35 Statutes, section 125A.75, subdivision 1:
120.36 $135,000 ..... 2002
121.1 $138,000 ..... 2003
121.2 The 2002 appropriation includes $13,000 for 2001 and
121.3 $122,000 for 2002.
121.4 The 2003 appropriation includes $13,000 for 2002 and
121.5 $125,000 for 2003.
121.6 Subd. 5. [SPECIAL EDUCATION EXCESS COST AID.] For excess
121.7 cost aid:
121.8 $102,665,000 ..... 2002
121.9 $104,773,000 ..... 2003
121.10 The 2002 appropriation includes $9,889,000 for 2001 and
121.11 $92,776,000 for 2002.
121.12 The 2003 appropriation includes $10,308,000 for 2002 and
121.13 $94,465,000 for 2003.
121.14 Subd. 6. [LITIGATION COSTS.] For paying the costs a
121.15 district incurs under Minnesota Statutes, section 125A.75,
121.16 subdivision 8:
121.17 $375,000 ..... 2002
121.18 $375,000 ..... 2003
121.19 Subd. 7. [TRANSITION PROGRAMS; STUDENTS WITH
121.20 DISABILITIES.] For aid for transition programs for pupils with
121.21 disabilities according to Minnesota Statutes, section 124D.454:
121.22 $8,954,000 ..... 2002
121.23 $8,939,000 ..... 2003
121.24 The 2002 appropriation includes $896,000 for 2001 and
121.25 $8,058,000 for 2002.
121.26 The 2003 appropriation includes $895,000 for 2002 and
121.27 $8,044,000 for 2003.
121.28 Subd. 8. [COURT-PLACED SPECIAL EDUCATION REVENUE.] For
121.29 reimbursing serving school districts for unreimbursed eligible
121.30 expenditures attributable to children placed in the serving
121.31 school district by court action under Minnesota Statutes,
121.32 section 125A.79, subdivision 4:
121.33 $350,000 ..... 2002
121.34 $350,000 ..... 2003
121.35 Subd. 9. [OUT-OF-STATE TUITION SPECIAL EDUCATION.] For
121.36 special education out-of-state tuition according to Minnesota
122.1 Statutes, section 125A.79, subdivision 8:
122.2 $250,000 ..... 2002
122.3 $250,000 ..... 2003
122.4 Subd. 10. [BEST PRACTICES GRANT.] For a best practices
122.5 grant to intermediate school districts Nos. 287, 916, and 917:
122.6 $1,000,000 ..... 2002
122.7 The intermediate school districts must use the grant
122.8 proceeds to train teachers of special needs students under Laws
122.9 1998, chapter 398, article 5, section 42.
122.10 Subd. 11. [USE OF SYMPATHOMIMETIC MEDICATIONS; STUDY.] For
122.11 the purpose of contracting with a qualified expert to determine
122.12 and report, consistent with Minnesota Statutes, chapter 13, the
122.13 number and overall incidence rate of Minnesota children ages
122.14 three to 18, by age, grade level, gender, and race, diagnosed
122.15 with attention deficit disorder (ADD) or attention deficit
122.16 hyperactivity disorder (ADHD) currently taking sympathomimetic
122.17 medications such as Ritalin:
122.18 $50,000 ..... 2002
122.19 In preparing the report, the contractor also must determine
122.20 the number and overall incidence rate of children not identified
122.21 with ADD or ADHD currently taking sympathomimetic medications
122.22 such as Ritalin. The contractor is encouraged to examine the
122.23 number of children who take sympathomimetic medications at home
122.24 and not at school, the previous interventions tried with
122.25 children taking sympathomimetic medications, the types of
122.26 practitioners who prescribe the sympathomimetic medications, and
122.27 what pressures families have experienced in terms of providing
122.28 their children with sympathomimetic medications. The
122.29 commissioner must submit the report to the education committees
122.30 of the legislature by February 15, 2002.
122.31 ARTICLE 4
122.32 FACILITIES AND TECHNOLOGY
122.33 Section 1. Minnesota Statutes 2000, section 16B.616,
122.34 subdivision 4, is amended to read:
122.35 Subd. 4. [ENFORCEMENT.] (a) A statutory or home rule
122.36 charter city that is not covered by the code because of action
123.1 taken under section 16B.72 or 16B.73 is responsible for
123.2 enforcement in the city of the code's requirements for bleacher
123.3 safety. In all other areas where the code does not apply
123.4 because of action taken under section 16B.72 or 16B.73, the
123.5 county is responsible for enforcement of those requirements.
123.6 (b) Municipalities that have not adopted the code may
123.7 enforce the code requirements for bleacher safety by either
123.8 entering into a joint powers agreement for enforcement with
123.9 another municipality that has adopted the code or contracting
123.10 for enforcement with a qualified and certified building official
123.11 or state licensed design professional to enforce the code.
123.12 (c) Municipalities, school districts, organizations,
123.13 individuals, and other persons operating or owning places of
123.14 public accommodation with bleachers that are subject to the
123.15 safety requirements in subdivision 3 shall provide a signed
123.16 certification of compliance to the commissioner by January 1,
123.17 2002. For bleachers subject to the exception in subdivision 3,
123.18 clause (1), entities covered by this paragraph must have on file
123.19 a bleacher safety management plan and amortization schedule.
123.20 The certification shall be prepared by a qualified and certified
123.21 building official or state licensed design professional and
123.22 shall certify that the bleachers have been inspected and are in
123.23 compliance with the requirements of this section and are
123.24 structurally sound. For bleachers owned by a school district or
123.25 nonpublic school, the person the district or nonpublic school
123.26 designates to be responsible for buildings and grounds may make
123.27 the certification.
123.28 Sec. 2. Minnesota Statutes 2000, section 123B.53,
123.29 subdivision 1, is amended to read:
123.30 Subdivision 1. [DEFINITIONS.] (a) For purposes of this
123.31 section, the eligible debt service revenue of a district is
123.32 defined as follows:
123.33 (1) the amount needed to produce between five and six
123.34 percent in excess of the amount needed to meet when due the
123.35 principal and interest payments on the obligations of the
123.36 district for eligible projects according to subdivision 2,
124.1 including the amounts necessary for repayment of energy loans
124.2 according to section 216C.37 or sections 298.292 to 298.298,
124.3 debt service loans and capital loans, lease purchase payments
124.4 under section 126C.40, subdivision 2, alternative facilities
124.5 levies under section 123B.59, subdivision 5, minus
124.6 (2) the amount of debt service excess levy reduction for
124.7 that school year calculated according to the procedure
124.8 established by the commissioner.
124.9 (b) The obligations in this paragraph are excluded from
124.10 eligible debt service revenue:
124.11 (1) obligations under section 123B.61;
124.12 (2) the part of debt service principal and interest paid
124.13 from the taconite environmental protection fund or northeast
124.14 Minnesota economic protection trust;
124.15 (3) obligations issued under Laws 1991, chapter 265,
124.16 article 5, section 18, as amended by Laws 1992, chapter 499,
124.17 article 5, section 24; and
124.18 (4) obligations under section 123B.62.
124.19 (c) For purposes of this section, if a preexisting school
124.20 district reorganized under sections 123A.35 to 123A.43, 123A.46,
124.21 and 123A.48 is solely responsible for retirement of the
124.22 preexisting district's bonded indebtedness, capital loans or
124.23 debt service loans, debt service equalization aid must be
124.24 computed separately for each of the preexisting districts.
124.25 (d) For purposes of this section, "revenue eligible for
124.26 second tier debt equalization" means the eligible debt service
124.27 revenue according to paragraphs (a) to (c) for projects
124.28 receiving a positive review and comment according to section
124.29 123B.70 and receiving voter approval or school district approval
124.30 after January 1, 2000, or, for projects not requiring a review
124.31 and comment, that are approved by the commissioner after January
124.32 1, 2000.
124.33 Sec. 3. Minnesota Statutes 2000, section 123B.53,
124.34 subdivision 2, is amended to read:
124.35 Subd. 2. [ELIGIBILITY.] (a) The following portions of a
124.36 district's debt service levy qualify for debt service
125.1 equalization:
125.2 (1) debt service for repayment of principal and interest on
125.3 bonds issued before July 2, 1992;
125.4 (2) debt service for bonds refinanced after July 1, 1992,
125.5 if the bond schedule has been approved by the commissioner and,
125.6 if necessary, adjusted to reflect a 20-year maturity schedule;
125.7 and
125.8 (3) debt service for bonds issued after July 1, 1992, for
125.9 construction projects that have received a positive review and
125.10 comment according to section 123B.71, if the commissioner has
125.11 determined that the district has met the criteria under section
125.12 126C.69, subdivision 3, except section 126C.69, subdivision 3,
125.13 paragraph (a), clause (2), and if the bond schedule has been
125.14 approved by the commissioner and, if necessary, adjusted to
125.15 reflect a 20-year maturity schedule.
125.16 (b) The criterion described in section 126C.69, subdivision
125.17 3, paragraph (a), clause (9), does not apply to bonds authorized
125.18 by elections held before July 1, 1992.
125.19 (c) For the purpose of this subdivision the department
125.20 shall determine the eligibility for sparsity at the location of
125.21 the new facility, or the site of the new facility closest to the
125.22 nearest operating school if there is more than one new facility.
125.23 (d) Notwithstanding paragraphs (a) to (c), debt service for
125.24 repayment of principal and interest on bonds issued after July
125.25 1, 1997, does not qualify for debt service equalization aid
125.26 unless the primary purpose of the facility is to serve students
125.27 in kindergarten through grade 12.
125.28 Sec. 4. Minnesota Statutes 2000, section 123B.53,
125.29 subdivision 4, is amended to read:
125.30 Subd. 4. [DEBT SERVICE EQUALIZATION REVENUE.] (a) The debt
125.31 service equalization revenue of a district equals the sum of the
125.32 first tier debt service equalization revenue and the second tier
125.33 debt service equalization revenue.
125.34 (b) The first tier debt service equalization revenue of a
125.35 district equals the greater of zero or the eligible debt service
125.36 revenue minus the amount raised by a levy of 12 percent times
126.1 the adjusted net tax capacity of the district minus the second
126.2 tier debt service equalization revenue of the district.
126.3 (c) The second tier debt service equalization revenue of a
126.4 district equals the greater of zero or the lesser of the
126.5 eligible debt service revenue minus the amount raised by a levy
126.6 of 20 percent times the adjusted net tax capacity of the
126.7 district or the district's revenue eligible for second tier debt
126.8 equalization.
126.9 Sec. 5. Minnesota Statutes 2000, section 123B.53,
126.10 subdivision 5, is amended to read:
126.11 Subd. 5. [EQUALIZED DEBT SERVICE LEVY.] To obtain debt
126.12 service equalization revenue, a district must levy an amount not
126.13 to exceed the district's debt service equalization revenue (a)
126.14 The equalized debt service levy of a district equals the sum of
126.15 the first tier equalized debt service levy and the second tier
126.16 equalized debt service levy.
126.17 (b) A district's first tier equalized debt service levy
126.18 equals the district's first tier debt service equalization
126.19 revenue times the lesser of one or the ratio of:
126.20 (1) the quotient derived by dividing the adjusted net tax
126.21 capacity of the district for the year before the year the levy
126.22 is certified by the adjusted pupil units in the district for the
126.23 school year ending in the year prior to the year the levy is
126.24 certified; to
126.25 (2) $4,000.
126.26 (c) A district's second tier equalized debt service levy
126.27 equals the district's second tier debt service equalization
126.28 revenue times the lesser of one or the ratio of:
126.29 (1) the quotient derived by dividing the adjusted net tax
126.30 capacity of the district for the year before the year the levy
126.31 is certified by the adjusted pupil units in the district for the
126.32 school year ending in the year prior to the year the levy is
126.33 certified; to
126.34 (2) $10,000.
126.35 Sec. 6. Minnesota Statutes 2000, section 123B.54, is
126.36 amended to read:
127.1 123B.54 [DEBT SERVICE APPROPRIATION.]
127.2 (a) $33,141,000 in fiscal year 2000, $29,400,000 in fiscal
127.3 year 2001, $26,934,000 in fiscal year 2002, and $24,540,000 in
127.4 fiscal year 2003 and each year thereafter is $25,989,000 in
127.5 fiscal year 2002, $33,360,000 in fiscal year 2003, $32,897,000
127.6 in fiscal year 2004, and $28,547,000 in fiscal years 2005 and
127.7 later are appropriated from the general fund to the commissioner
127.8 of children, families, and learning for payment of debt service
127.9 equalization aid under section 123B.53.
127.10 (b) The appropriations in paragraph (a) must be reduced by
127.11 the amount of any money specifically appropriated for the same
127.12 purpose in any year from any state fund.
127.13 Sec. 7. Minnesota Statutes 2000, section 123B.57,
127.14 subdivision 3, is amended to read:
127.15 Subd. 3. [HEALTH AND SAFETY REVENUE.] A district's health
127.16 and safety revenue for a fiscal year equals:
127.17 (1) the sum of (a) the total approved cost of the
127.18 district's hazardous substance plan for fiscal years 1985
127.19 through 1989, plus (b) the total approved cost of the district's
127.20 health and safety program for fiscal year 1990 through the
127.21 fiscal year to which the levy is attributable, excluding
127.22 expenditures funded with bonds issued under section 123B.59 or
127.23 123B.62, or chapter 475; certificates of indebtedness or capital
127.24 notes under section 123B.61; levies under section 123B.58,
127.25 123B.59, 123B.63, or 126C.40, subdivision 1 or 6; and other
127.26 federal, state, or local revenues, minus
127.27 (2) the sum of (a) the district's total hazardous substance
127.28 aid and levy for fiscal years 1985 through 1989 under sections
127.29 124.245 and 275.125, subdivision 11c, plus (b) the district's
127.30 health and safety revenue under this subdivision, for years
127.31 before the fiscal year to which the levy is attributable, plus
127.32 (c) the amount of other federal, state, or local receipts for
127.33 the district's hazardous substance or health and safety programs
127.34 for fiscal year 1985 through the fiscal year to which the levy
127.35 is attributable.
127.36 Sec. 8. Minnesota Statutes 2000, section 123B.57,
128.1 subdivision 6, is amended to read:
128.2 Subd. 6. [USES OF HEALTH AND SAFETY REVENUE.] Health and
128.3 safety revenue may be used only for approved expenditures
128.4 necessary to correct fire safety hazards, life safety hazards,
128.5 or for the removal or encapsulation of asbestos from school
128.6 buildings or property owned or being acquired by the district,
128.7 asbestos-related repairs, cleanup and disposal of
128.8 polychlorinated biphenyls found in school buildings or
128.9 property owned or being acquired by the district, or the
128.10 cleanup, removal, disposal, and repairs related to storing
128.11 heating fuel or transportation fuels such as alcohol, gasoline,
128.12 fuel oil, and special fuel, as defined in section 296A.01, labor
128.13 and industry regulated facility and equipment hazards, and
128.14 health, safety, and environmental management. Health and safety
128.15 revenue must not be used to finance a lease purchase agreement,
128.16 installment purchase agreement, or other deferred payments
128.17 agreement. Health and safety revenue must not be used for the
128.18 construction of new facilities or the purchase of portable
128.19 classrooms, for interest or other financing expenses, or for
128.20 energy efficiency projects under section 123B.65. The revenue
128.21 may not be used for a building or property or part of a building
128.22 or property used for post-secondary instruction or
128.23 administration or for a purpose unrelated to elementary and
128.24 secondary education.
128.25 Sec. 9. Minnesota Statutes 2000, section 123B.57,
128.26 subdivision 8, is amended to read:
128.27 Subd. 8. [HEALTH, SAFETY, AND ENVIRONMENTAL MANAGEMENT
128.28 COST.] (a) A district's cost for health, safety, and
128.29 environmental management is limited to the lesser of:
128.30 (1) actual cost to implement their plan; or
128.31 (2) an amount determined by the commissioner, based on
128.32 enrollment, building age, and size.
128.33 (b) The department may contract with regional service
128.34 organizations, private contractors, Minnesota safety council, or
128.35 state agencies to provide management assistance to school
128.36 districts for health and safety capital projects. Management
129.1 assistance is the development of written programs for the
129.2 identification, recognition and control of hazards, and
129.3 prioritization and scheduling of district health and safety
129.4 capital projects. The department shall not exclude private
129.5 contractors from the opportunity to provide any health and
129.6 safety services to school districts.
129.7 (c) Notwithstanding paragraph (b), the department may
129.8 approve revenue, up to the limit defined in paragraph (a) for
129.9 districts having an approved health, safety, and environmental
129.10 management plan that uses district staff to accomplish
129.11 coordination and provided services.
129.12 Sec. 10. Minnesota Statutes 2000, section 123B.71,
129.13 subdivision 1, is amended to read:
129.14 Subdivision 1. [CONSULTATION.] A school district shall
129.15 consult with the commissioner of children, families, and
129.16 learning before developing any plans and specifications to
129.17 construct, remodel, or improve the building or site of an
129.18 educational facility for which the estimated cost exceeds
129.19 $100,000 $250,000. This consultation shall occur before a
129.20 referendum for bonds, solicitation for bids, or use of capital
129.21 expenditure facilities revenue according to section 126C.10,
129.22 subdivision 14, clause (2). The commissioner may require the
129.23 district to participate in a management assistance plan before
129.24 conducting a review and comment on the project.
129.25 Sec. 11. Minnesota Statutes 2000, section 123B.71,
129.26 subdivision 4, is amended to read:
129.27 Subd. 4. [PLAN SUBMITTAL.] For a project for which
129.28 consultation is required under subdivision 1, the commissioner,
129.29 after the consultation required in subdivision 1, may require a
129.30 school district to submit the following preliminary and final
129.31 plans for approval:
129.32 (a) two sets of preliminary plans for each new building or
129.33 addition, and
129.34 (b) one set of final plans for each construction,
129.35 remodeling, or site improvement project. The commissioner shall
129.36 approve or disapprove the plans within 90 days after submission.
130.1 Final plans shall meet all applicable state laws, rules,
130.2 and codes concerning public buildings, including sections 16B.59
130.3 to 16B.73. The department may furnish to a school district
130.4 plans and specifications for temporary school buildings
130.5 containing two classrooms or less.
130.6 Sec. 12. Minnesota Statutes 2000, section 123B.71,
130.7 subdivision 8, is amended to read:
130.8 Subd. 8. [REVIEW AND COMMENT.] A school district, a
130.9 special education cooperative, or a cooperative unit of
130.10 government, as defined in section 123A.24, subdivision 2, must
130.11 not initiate an installment contract for purchase or a lease
130.12 agreement, hold a referendum for bonds, nor solicit bids for new
130.13 construction, expansion, or remodeling of an educational
130.14 facility that requires an expenditure in excess
130.15 of $400,000 $500,000 per school site prior to review and comment
130.16 by the commissioner. The commissioner may exempt a facility
130.17 maintenance project funded with general education aid and levy
130.18 or health and safety revenue from this provision after reviewing
130.19 a written request from a school district describing the scope of
130.20 work. A school board shall not separate portions of a single
130.21 project into components to avoid the requirements of this
130.22 subdivision.
130.23 Sec. 13. Minnesota Statutes 2000, section 123B.71,
130.24 subdivision 9, is amended to read:
130.25 Subd. 9. [INFORMATION REQUIRED.] A school board proposing
130.26 to construct a facility described in subdivision 8 shall submit
130.27 to the commissioner a proposal containing information including
130.28 at least the following:
130.29 (a) the geographic area proposed to be served, whether
130.30 within or outside the boundaries of the school district;
130.31 (b) the people proposed to be served, including census
130.32 findings and projections for the next ten years of the number of
130.33 preschool and school-aged people in the area;
130.34 (c) the reasonably anticipated need for the facility or
130.35 service to be provided;
130.36 (d) a description of the construction in reasonable detail,
131.1 including: the expenditures contemplated; the estimated annual
131.2 operating cost, including the anticipated salary and number of
131.3 new staff necessitated by the proposal; and an evaluation of the
131.4 energy efficiency and effectiveness of the construction,
131.5 including estimated annual energy costs; and a description of
131.6 the telephone capabilities of the facility and its classrooms;
131.7 (e) a description of existing facilities within the area to
131.8 be served and within school districts adjacent to the area to be
131.9 served; the extent to which existing facilities or services are
131.10 used; the extent to which alternate space is available,
131.11 including other school districts, post-secondary institutions,
131.12 other public or private buildings, or other noneducation
131.13 community resources; and the anticipated effect that the
131.14 facility will have on existing facilities and services;
131.15 (f) the anticipated benefit of the facility to the area;
131.16 (g) if known, the relationship of the proposed construction
131.17 to any priorities that have been established for the area to be
131.18 served;
131.19 (h) the availability and manner of financing the facility
131.20 and the estimated date to begin and complete the facility;
131.21 (i) desegregation requirements that cannot be met by any
131.22 other reasonable means;
131.23 (j) the relationship of the proposed facility to the
131.24 cooperative integrated learning needs of the area;
131.25 (k) the effects of the proposed facility on the district's
131.26 operating budget;
131.27 (l) the level of collaboration at the facility between the
131.28 district and other governmental or nonprofit entities; and
131.29 (m) the extent to which the district has minimized
131.30 administrative overhead among facilities.
131.31 (1) the geographic area and population to be served,
131.32 preschool through grade 12 student enrollments for the past five
131.33 years, and student enrollment projections for the next five
131.34 years;
131.35 (2) a list of existing facilities by year constructed,
131.36 their uses, and an assessment of the extent to which alternate
132.1 facilities are available within the school district boundaries
132.2 and in adjacent school districts;
132.3 (3) a list of the specific deficiencies of the facility
132.4 that demonstrate the need for a new or renovated facility to be
132.5 provided, and a list of the specific benefits that the new or
132.6 renovated facility will provide to the students, teachers, and
132.7 community users served by the facility;
132.8 (4) the relationship of the project to any priorities
132.9 established by the school district, educational cooperatives
132.10 that provide support services, or other public bodies in the
132.11 service area;
132.12 (5) a specification of how the project will increase
132.13 community use of the facility and whether and how the project
132.14 will increase collaboration with other governmental or nonprofit
132.15 entities;
132.16 (6) a description of the project, including the
132.17 specification of site and outdoor space acreage and square
132.18 footage allocations for classrooms, laboratories, and support
132.19 spaces; estimated expenditures for the major portions of the
132.20 project; and the dates the project will begin and be completed;
132.21 (7) a specification of the source of financing the project;
132.22 the scheduled date for a bond issue or school board action; a
132.23 schedule of payments, including debt service equalization aid;
132.24 and the effect of a bond issue on local property taxes by the
132.25 property class and valuation;
132.26 (8) an analysis of how the proposed new or remodeled
132.27 facility will affect school district operational or
132.28 administrative staffing costs, and how the district's operating
132.29 budget will cover any increased operational or administrative
132.30 staffing costs;
132.31 (9) a description of the consultation with local or state
132.32 road and transportation officials on school site access and
132.33 safety issues, and the ways that the project will address those
132.34 issues;
132.35 (10) a description of how indoor air quality issues have
132.36 been considered and a certification that the architects and
133.1 engineers designing the facility will have professional
133.2 liability insurance;
133.3 (11) as required under section 123B.72, for buildings
133.4 coming into service after July 1, 2002, a certification that the
133.5 plans and designs for the extensively renovated or new
133.6 facility's heating, ventilation, and air conditioning systems
133.7 will meet or exceed code standards; will provide for the
133.8 monitoring of outdoor airflow and total airflow of ventilation
133.9 systems; and will provide an indoor air quality filtration
133.10 system that meets ASHRAE standard 52.1; and
133.11 (12) a specification of any desegregation requirements that
133.12 cannot be met by any other reasonable means.
133.13 Sec. 14. Minnesota Statutes 2000, section 126C.63,
133.14 subdivision 8, is amended to read:
133.15 Subd. 8. [MAXIMUM EFFORT DEBT SERVICE LEVY.] "Maximum
133.16 effort debt service levy" means the lesser of:
133.17 (1) a levy in whichever of the following amounts is
133.18 applicable:
133.19 (a) in any district receiving a debt service loan for a
133.20 debt service levy payable in 2002 and thereafter, or granted a
133.21 capital loan after January 1, 2001, a levy in total dollar
133.22 amount computed at a rate of 30 percent of adjusted net tax
133.23 capacity for taxes payable in 2002 and thereafter;
133.24 (b) in any district receiving a debt service loan for a
133.25 debt service levy payable in 1991 and thereafter, or granted a
133.26 capital loan after January 1, 1990, a levy in a total dollar
133.27 amount computed at a rate of 24 percent of adjusted net tax
133.28 capacity for taxes payable in 1991 and thereafter;
133.29 (b) (c) in any district granted a debt service loan after
133.30 July 31, 1981, or granted a capital loan which is approved after
133.31 July 31, 1981, a levy in a total dollar amount computed as a tax
133.32 rate of 21.92 percent on the adjusted net tax capacity for taxes
133.33 payable in 1991 and thereafter; or
133.34 (2) a levy in any district for which a capital loan was
133.35 approved prior to August 1, 1981, a levy in a total dollar
133.36 amount equal to the sum of the amount of the required debt
134.1 service levy and an amount which when levied annually will in
134.2 the opinion of the commissioner be sufficient to retire the
134.3 remaining interest and principal on any outstanding loans from
134.4 the state within 30 years of the original date when the capital
134.5 loan was granted.
134.6 The board in any district affected by the provisions of
134.7 clause (2) may elect instead to determine the amount of its levy
134.8 according to the provisions of clause (1). If a district's
134.9 capital loan is not paid within 30 years because it elects to
134.10 determine the amount of its levy according to the provisions of
134.11 clause (2), the liability of the district for the amount of the
134.12 difference between the amount it levied under clause (2) and the
134.13 amount it would have levied under clause (1), and for interest
134.14 on the amount of that difference, must not be satisfied and
134.15 discharged pursuant to Minnesota Statutes 1988, or an earlier
134.16 edition of Minnesota Statutes if applicable, section 124.43,
134.17 subdivision 4.
134.18 Sec. 15. Minnesota Statutes 2000, section 126C.69,
134.19 subdivision 2, is amended to read:
134.20 Subd. 2. [CAPITAL LOANS ELIGIBILITY.] Beginning July 1,
134.21 1999, a district is not eligible for a capital loan unless the
134.22 district's estimated net debt tax rate as computed by the
134.23 commissioner after debt service equalization aid would be more
134.24 than 24 30 percent of adjusted net tax capacity. The estimate
134.25 must assume a 20-year maturity schedule for new debt.
134.26 Sec. 16. Minnesota Statutes 2000, section 126C.69,
134.27 subdivision 3, is amended to read:
134.28 Subd. 3. [DISTRICT REQUEST FOR REVIEW AND COMMENT.] A
134.29 district or a joint powers district that intends to apply for a
134.30 capital loan must submit a proposal to the commissioner for
134.31 review and comment according to section 123B.71 by July 1 of an
134.32 odd-numbered year. The commissioner shall prepare a review and
134.33 comment on the proposed facility, regardless of the amount of
134.34 the capital expenditure required to construct the facility. In
134.35 addition to the information provided under section 123B.71,
134.36 subdivision 9, the commissioner shall require that predesign
135.1 packages comparable to those required under section 16B.335 be
135.2 prepared by the applicant school district. The predesign
135.3 packages must be sufficient to define the scope, cost, and
135.4 schedule of the project and must demonstrate that the project
135.5 has been analyzed according to appropriate space needs standards
135.6 and also consider the following criteria in determining whether
135.7 to make a positive review and comment.
135.8 (a) To grant a positive review and comment the commissioner
135.9 shall determine that all of the following conditions are met:
135.10 (1) the facilities are needed for pupils for whom no
135.11 adequate facilities exist or will exist;
135.12 (2) the district will serve, on average, at least 80 pupils
135.13 per grade or is eligible for elementary or secondary sparsity
135.14 revenue there is evidence to indicate that the facilities will
135.15 have a useful public purpose for at least the term of the bonds;
135.16 (3) no form of cooperation with another district would
135.17 provide the necessary facilities;
135.18 (4) the facilities are comparable in size and quality to
135.19 facilities recently constructed in other districts that have
135.20 similar enrollments;
135.21 (5) the facilities are comparable in size and quality to
135.22 facilities recently constructed in other districts that are
135.23 financed without a capital loan;
135.24 (6) the district is projected to maintain or increase its
135.25 average daily membership over the next five years or is eligible
135.26 for elementary or secondary sparsity revenue have adequate funds
135.27 in its general operating budget to support a quality education
135.28 for its students for at least the next five years;
135.29 (7) the current facility poses a threat to the life,
135.30 health, and safety of pupils, and cannot reasonably be brought
135.31 into compliance with fire, health, or life safety codes;
135.32 (8) the district has made a good faith effort, as evidenced
135.33 by its maintenance expenditures, to adequately maintain the
135.34 existing facility during the previous ten years and to comply
135.35 with fire, health, and life safety codes and state and federal
135.36 requirements for handicapped accessibility;
136.1 (9) the district has made a good faith effort to encourage
136.2 integration of social service programs within the new facility;
136.3 and
136.4 (10) evaluations by boards of adjacent districts have been
136.5 received; and
136.6 (11) the proposal includes a comprehensive technology plan
136.7 that assures information access for the students, parents, and
136.8 community.
136.9 (b) The commissioner may grant a negative review and
136.10 comment if:
136.11 (1) the state demographer has examined the population of
136.12 the communities to be served by the facility and determined that
136.13 the communities have not grown during the previous five years;
136.14 (2) the state demographer determines that the economic and
136.15 population bases of the communities to be served by the facility
136.16 are not likely to grow or to remain at a level sufficient,
136.17 during the next ten years, to ensure use of the entire facility;
136.18 (3) the need for facilities could be met within the
136.19 district or adjacent districts at a comparable cost by leasing,
136.20 repairing, remodeling, or sharing existing facilities or by
136.21 using temporary facilities;
136.22 (4) the district plans do not include cooperation and
136.23 collaboration with health and human services agencies and other
136.24 political subdivisions; or
136.25 (5) if the application is for new construction, an existing
136.26 facility that would meet the district's needs could be purchased
136.27 at a comparable cost from any other source within the area.
136.28 Sec. 17. Minnesota Statutes 2000, section 126C.69,
136.29 subdivision 9, is amended to read:
136.30 Subd. 9. [LOAN AMOUNT LIMITS.] (a) A loan must not be
136.31 recommended for approval for a district exceeding an amount
136.32 computed as follows:
136.33 (1) the amount requested by the district under subdivision
136.34 6;
136.35 (2) plus the aggregate principal amount of general
136.36 obligation bonds of the district outstanding on June 30 of the
137.1 year following the year the application was received, not
137.2 exceeding the limitation on net debt of the district in section
137.3 475.53, subdivision 4, or 363 450 percent of its adjusted net
137.4 tax capacity as most recently determined, whichever is less;
137.5 (3) less the maximum net debt permissible for the district
137.6 on December 1 of the year the application is received, under the
137.7 limitation in section 475.53, subdivision 4, or 363 450 percent
137.8 of its adjusted net tax capacity as most recently determined,
137.9 whichever is less;
137.10 (4) less any amount by which the amount voted exceeds the
137.11 total cost of the facilities for which the loan is granted.
137.12 (b) The loan may be approved in an amount computed as
137.13 provided in paragraph (a), clauses (1) to (3), subject to later
137.14 reduction according to paragraph (a), clause (4).
137.15 Sec. 18. Minnesota Statutes 2000, section 126C.69,
137.16 subdivision 12, is amended to read:
137.17 Subd. 12. [CONTRACT.] (a) Each capital loan must be
137.18 evidenced by a contract between the district and the state
137.19 acting through the commissioner. The contract must obligate the
137.20 state to reimburse the district, from the maximum effort school
137.21 loan fund, for eligible capital expenses for construction of the
137.22 facility for which the loan is granted, an amount computed as
137.23 provided in subdivision 9. The commissioner must receive from
137.24 the district a certified resolution of the board estimating the
137.25 costs of construction and reciting that contracts for
137.26 construction of the facilities for which the loan is granted
137.27 have been awarded and, that bonds of the district have been
137.28 issued and sold in the amount necessary to pay all estimated
137.29 costs of construction in excess of the amount of the loan, and
137.30 that all work, when completed, will meet or exceed standards
137.31 established in the state building code. The contract must
137.32 obligate the district to repay the loan out of the excesses of
137.33 its maximum effort debt service levy over its required debt
137.34 service levy, including interest at a rate equal to the weighted
137.35 average annual rate payable on Minnesota state school loan bonds
137.36 issued or reissued for the project and disbursed to the
138.1 districts on a reimbursement basis, but in no event less than
138.2 3-1/2 percent per year on the principal amount from time to time
138.3 unpaid.
138.4 (b) The district must each year, as long as it is indebted
138.5 to the state, levy for debt service (i) the amount of its
138.6 maximum effort debt service levy or (ii) the amount of its
138.7 required debt service levy, whichever is greater, except as the
138.8 required debt service levy may be reduced by a loan under
138.9 section 126C.68. The district shall remit payments to the
138.10 commissioner according to section 126C.71.
138.11 (c) The commissioner shall supervise the collection of
138.12 outstanding accounts due the fund and may, by notice to the
138.13 proper county auditor, require the maximum levy to be made as
138.14 required in this subdivision. Interest on capital loans must be
138.15 paid on December 15 of the year after the year the loan is
138.16 granted and annually in later years. By September 30, the
138.17 commissioner shall notify the county auditor of each county
138.18 containing taxable property situated within the district of the
138.19 amount of the maximum effort debt service levy of the district
138.20 for that year. The county auditor or auditors shall extend upon
138.21 the tax rolls an ad valorem tax upon all taxable property within
138.22 the district in the aggregate amount so certified.
138.23 Sec. 19. Minnesota Statutes 2000, section 126C.69,
138.24 subdivision 15, is amended to read:
138.25 Subd. 15. [BOND SALE LIMITATIONS.] A district having an
138.26 outstanding state loan must not issue and sell any bonds on the
138.27 public market, except to refund state loans, unless it agrees to
138.28 make the maximum effort debt service levy in each later year at
138.29 the higher rate provided in section 126C.63, subdivision 8, and
138.30 unless it schedules the maturities of the bonds according to
138.31 section 475.54, subdivision 2. A district that refunds bonds at
138.32 a lower interest rate may continue to make the maximum effort
138.33 debt service levy in each later year at the current rate
138.34 provided in section 126C.63, subdivision 8, if the district can
138.35 demonstrate to the commissioner's satisfaction that the
138.36 district's repayments of the state loan will not be reduced
139.1 below the previous year's level. The district must report each
139.2 sale to the commissioner.
139.3 For a capital loan issued prior to July 1, 2001, after a
139.4 the district's capital loan has been outstanding for 30 years,
139.5 the district must not issue bonds on the public market except to
139.6 refund the loan.
139.7 For a capital loan issued on or after July 1, 2001, after
139.8 the district's capital loan has been outstanding for 20 years,
139.9 the district must not issue bonds on the public market except to
139.10 refund the loan.
139.11 Sec. 20. Minnesota Statutes 2000, section 136D.281,
139.12 subdivision 4, is amended to read:
139.13 Subd. 4. [REFERENDUM.] (a) The intermediate school board
139.14 shall not may sell and issue bonds for acquisition or betterment
139.15 purposes until in an aggregate amount not to exceed $8,000,000
139.16 if:
139.17 (1) each member school district board has adopted a
139.18 resolution authorizing the project;
139.19 (2) the intermediate board has prepared and published in a
139.20 newspaper of general circulation in the district a notice of the
139.21 public meeting on the intermediate district's intent to sell
139.22 bonds;
139.23 (3) the intermediate board has adopted a resolution
139.24 authorizing the bonds; and
139.25 (4) the question of their issuance has been submitted to
139.26 the voters of the intermediate school district at a special
139.27 election held in and for the intermediate district.
139.28 (b) The date of the election, the question to be submitted,
139.29 and all other necessary conduct of the election shall be fixed
139.30 by the intermediate school board. The election shall be
139.31 conducted and canvassed under the direction of the intermediate
139.32 school board in accordance with chapter 205A, insofar as
139.33 applicable.
139.34 (c) If a majority of the total number of votes cast on the
139.35 question within the intermediate school district is in favor of
139.36 the question, the intermediate school board may proceed with the
140.1 sale and issuance of the bonds.
140.2 (d) The bonds shall be general obligations of the
140.3 intermediate school district; however, each member school
140.4 district must each year certify its proportionate share of the
140.5 debt service levy on the bonds, with the allocation of its share
140.6 of that levy determined in accordance with the resolution
140.7 authorizing the project previously adopted by each member school
140.8 board. For purposes of section 123B.53, the debt service levies
140.9 certified for this purpose by an individual member school
140.10 district shall be considered debt service levies of that school
140.11 district. By July 1 and December 1 of each year, the school
140.12 board of each member school district shall transfer to the
140.13 intermediate school district an amount equal to 50 percent of
140.14 the debt service levy certified by that member school district
140.15 in the previous fiscal year to pay its proportionate share.
140.16 Sec. 21. Minnesota Statutes 2000, section 136D.741,
140.17 subdivision 4, is amended to read:
140.18 Subd. 4. [REFERENDUM.] (a) The intermediate school board
140.19 shall not may sell and issue bonds for acquisition or betterment
140.20 purposes until in an aggregate amount not to exceed $8,000,000
140.21 if:
140.22 (1) each member school district board has adopted a
140.23 resolution authorizing the project;
140.24 (2) the intermediate board has prepared and published in a
140.25 newspaper of general circulation in the district a notice of the
140.26 public meeting on the intermediate district's intent to sell
140.27 bonds;
140.28 (3) the intermediate board has adopted a resolution
140.29 authorizing the bonds; and
140.30 (4) the question of their issuance has been submitted to
140.31 the voters of the intermediate school district at a special
140.32 election held in and for such intermediate district.
140.33 (b) The date of such election, the question to be
140.34 submitted, and all other necessary conduct of such election
140.35 shall be fixed by the intermediate school board and said
140.36 election shall be conducted and canvassed under the direction of
141.1 the intermediate school board in accordance with chapter 205A,
141.2 insofar as the same may be deemed applicable.
141.3 (c) If a majority of the total number of votes cast on the
141.4 question within the intermediate school district is in favor of
141.5 the question, the intermediate school board may thereupon
141.6 proceed with the sale and the issuance of said bonds.
141.7 (d) The bonds shall be general obligations of the
141.8 intermediate school district; however, each member school
141.9 district must each year certify its proportionate share of the
141.10 debt service levy on the bonds, with the allocation of its share
141.11 of that levy determined in accordance with the resolution
141.12 authorizing the project previously adopted by each member school
141.13 board. For purposes of section 123B.53, the debt service levies
141.14 certified for this purpose by an individual member school
141.15 district shall be considered debt service levies of that school
141.16 district. By July 1 and December 1 of each year, the school
141.17 board of each member school district shall transfer to the
141.18 intermediate school district an amount equal to 50 percent of
141.19 the debt service levy certified by that member school district
141.20 in the previous fiscal year to pay its proportionate share.
141.21 Sec. 22. Minnesota Statutes 2000, section 136D.88,
141.22 subdivision 4, is amended to read:
141.23 Subd. 4. [REFERENDUM.] (a) The intermediate school board
141.24 shall not may sell and issue bonds for acquisition or betterment
141.25 purposes until in an aggregate amount not to exceed $8,000,000
141.26 if:
141.27 (1) each member school district board has adopted a
141.28 resolution authorizing the project;
141.29 (2) the intermediate board has prepared and published in a
141.30 newspaper of general circulation in the district a notice of the
141.31 public meeting on the intermediate district's intent to sell
141.32 bonds;
141.33 (3) the intermediate board has adopted a resolution
141.34 authorizing the bonds; and
141.35 (4) the question of their issuance has been submitted to
141.36 the voters of the intermediate school district at a special
142.1 election held in and for the intermediate district.
142.2 (b) The date of the election, the question to be submitted,
142.3 and all other necessary conduct of the election shall be fixed
142.4 by the intermediate school board. The election shall be
142.5 conducted and canvassed under the direction of the intermediate
142.6 school board in accordance with chapter 205A, insofar as
142.7 applicable.
142.8 (c) If a majority of the total number of votes cast on the
142.9 question within the intermediate school district is in favor of
142.10 the question, the intermediate school board may thereupon
142.11 proceed with the sale and issuance of the bonds.
142.12 (d) The bonds shall be general obligations of the
142.13 intermediate school district; however, each member school
142.14 district must each year certify its proportionate share of the
142.15 debt service levy on the bonds, with the allocation of its share
142.16 of that levy determined in accordance with the resolution
142.17 authorizing the project previously adopted by each member school
142.18 board. For purposes of section 123B.53, the debt service levies
142.19 certified for this purpose by an individual member school
142.20 district shall be considered debt service levies of that school
142.21 district. By July 1 and December 1 of each year, the school
142.22 board of each member school district shall transfer to the
142.23 intermediate school district an amount equal to 50 percent of
142.24 the debt service levy certified by that member school district
142.25 in the previous fiscal year to pay its proportionate share.
142.26 Sec. 23. Minnesota Statutes 2000, section 475.53,
142.27 subdivision 4, is amended to read:
142.28 Subd. 4. [SCHOOL DISTRICTS.] Except as otherwise provided
142.29 by law, no school district shall be subject to a net debt in
142.30 excess of ten 15 percent of the actual market value of all
142.31 taxable property situated within its corporate limits, as
142.32 computed in accordance with this subdivision. The county
142.33 auditor of each county containing taxable real or personal
142.34 property situated within any school district shall certify to
142.35 the district upon request the market value of all such
142.36 property. Whenever the commissioner of revenue, in accordance
143.1 with section 127A.48, subdivisions 1 to 6, has determined that
143.2 the net tax capacity of any district furnished by county
143.3 auditors is not based upon the market value of taxable property
143.4 in the district, the commissioner of revenue shall certify to
143.5 the district upon request the ratio most recently ascertained to
143.6 exist between such value and the actual market value of property
143.7 within the district. The actual market value of property within
143.8 a district, on which its debt limit under this subdivision is
143.9 based, is (a) the value certified by the county auditors, or (b)
143.10 this value divided by the ratio certified by the commissioner of
143.11 revenue, whichever results in a higher value.
143.12 Sec. 24. Laws 2000, chapter 489, article 5, section 21, is
143.13 amended to read:
143.14 Sec. 21. [ONE-TIME DEFERRED MAINTENANCE AID.]
143.15 (a) For fiscal year 2001 only, a district's one-time
143.16 deferred maintenance aid is equal to:
143.17 (1) $10 times the adjusted marginal cost pupil units for
143.18 the school year; plus
143.19 (2) $21.90 times the adjusted marginal cost pupil units for
143.20 the school year for a district that does not qualify for
143.21 alternative facilities bonding under Minnesota Statutes, section
143.22 123B.59, or under Laws 1999, chapter 241, article 4, section 25.
143.23 (b) Aid received under this section must be used for
143.24 deferred maintenance, to make accessibility improvements, or to
143.25 make fire, safety, or health repairs.
143.26 (c) This aid is paid entirely in fiscal year 2001 based on
143.27 estimated data. By January 31, 2002, the department of
143.28 children, families, and learning shall recalculate the aid for
143.29 each district using actual data, and shall adjust the general
143.30 education aid paid to school districts for fiscal year 2002 by
143.31 the amount of the difference between the estimated aid and the
143.32 actual aid.
143.33 Sec. 25. Laws 2000, chapter 489, article 7, section 15,
143.34 subdivision 3, is amended to read:
143.35 Subd. 3. [COOPERATIVE SECONDARY FACILITY FACILITIES NEEDS;
143.36 PLANNING AND EXPENSES.] For a grant and administrative expenses
144.1 to facilitate for facilities and curricular planning for a
144.2 cooperative secondary facility under a joint powers agreement
144.3 for school district districts Nos. 411, Balaton, 402, Hendricks,
144.4 403, Ivanhoe, 404, Lake Benton, 418, Russell, 584, Ruthton, and
144.5 409, Tyler:
144.6 $100,000 ..... 2001 2002
144.7 This is a one-time appropriation. This appropriation is
144.8 available until June 30, 2003.
144.9 Sec. 26. [RESTORATION OF DISABLED ACCESS LEVY AUTHORITY.]
144.10 Subdivision 1. [PINE CITY.] Notwithstanding the time
144.11 limits in Minnesota Statutes, section 123B.58, subdivision 3,
144.12 independent school district No. 578, Pine City, may levy its
144.13 remaining disabled access levy authority over five or fewer
144.14 years.
144.15 Subd. 2. [SOUTHLAND.] Notwithstanding the time limits in
144.16 Minnesota Statutes, section 123B.58, subdivision 3, independent
144.17 school district No. 500, Southland, may levy up to $66,000 of
144.18 its remaining disabled access levy authority over five or fewer
144.19 years.
144.20 [EFFECTIVE DATE.] This section is effective the day
144.21 following final enactment.
144.22 Sec. 27. [INTERMEDIATE SCHOOL DISTRICTS; BONDING AUTHORITY
144.23 WITHOUT VOTER APPROVAL.]
144.24 Subdivision 1. [INTERMEDIATE SCHOOL DISTRICT NO.
144.25 916.] Notwithstanding Minnesota Statutes, chapter 136D, the
144.26 school board of intermediate school district No. 916 may sell
144.27 and issue up to $1,500,000 in bonds for acquisition and
144.28 betterment purposes upon adoption of a resolution by the board
144.29 authorizing the bonds.
144.30 The bonds shall be general obligations of the intermediate
144.31 school district; however, each member school district must each
144.32 year certify its proportionate share of the debt service levy on
144.33 the bonds, with the allocation of its share of that levy
144.34 determined in accordance with the resolution authorizing the
144.35 project previously adopted by each member school board. For
144.36 purposes of section 123B.53, the debt service levies certified
145.1 for this purpose by an individual member school district shall
145.2 be considered debt service levies of that school district. By
145.3 July 1 and December 1 of each year, the school board of each
145.4 member school district shall transfer to the intermediate school
145.5 district an amount equal to 50 percent of the debt service levy
145.6 certified by that member school district in the previous fiscal
145.7 year to pay its proportionate share.
145.8 Subd. 2. [INTERMEDIATE SCHOOL DISTRICT NO.
145.9 917.] Notwithstanding Minnesota Statutes, chapter 136D, the
145.10 school board of intermediate school district No. 917 may sell
145.11 and issue up to $4,000,000 in bonds for acquisition and
145.12 betterment purposes upon adoption of a resolution by the board
145.13 authorizing the bonds.
145.14 The bonds shall be general obligations of the intermediate
145.15 school district; however, each member school district must each
145.16 year certify its proportionate share of the debt service levy on
145.17 the bonds, with the allocation of its share of that levy
145.18 determined in accordance with the resolution authorizing the
145.19 project previously adopted by each member school board. For
145.20 purposes of section 123B.53, the debt service levies certified
145.21 for this purpose by an individual member school district shall
145.22 be considered debt service levies of that school district. By
145.23 July 1 and December 1 of each year, the school board of each
145.24 member school district shall transfer to the intermediate school
145.25 district an amount equal to 50 percent of the debt service levy
145.26 certified by that member school district in the previous fiscal
145.27 year to pay its proportionate share.
145.28 Sec. 28. [HIGH-PERFORMANCE ENVIRONMENTALLY SUSTAINABLE
145.29 SCHOOL FACILITIES.]
145.30 Subdivision 1. [TECHNICAL ASSISTANCE.] The department of
145.31 children, families, and learning, must provide technical
145.32 assistance to a school district interested in providing
145.33 environmentally sustainable facilities.
145.34 Subd. 2. [DEFINITION.] High-performance environmentally
145.35 sustainable school projects involve elements for simpler school
145.36 building design, with lower energy costs and lower life-cycle
146.1 building costs. The goals of high-performance environmentally
146.2 sustainable school facilities are to:
146.3 (1) reduce the long-term life-cycle building costs of
146.4 schools;
146.5 (2) reduce the energy costs of schools;
146.6 (3) improve the indoor air quality of schools; and
146.7 (4) allow school districts to shift the investment of
146.8 tax-generated school revenues from utility bills and excessive
146.9 building repair costs to funding for school facilities
146.10 preventive maintenance projects and general education costs.
146.11 Sec. 29. [APPROPRIATIONS.]
146.12 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
146.13 LEARNING.] The sums indicated in this section are appropriated
146.14 from the general fund to the department of children, families,
146.15 and learning for the fiscal years designated.
146.16 Subd. 2. [HEALTH AND SAFETY AID.] For health and safety
146.17 aid according to Minnesota Statutes, section 123B.57,
146.18 subdivision 5:
146.19 $14,980,000 ..... 2002
146.20 $14,550,000 ..... 2003
146.21 The 2002 appropriation includes $1,480,000 for 2001 and
146.22 $13,500,000 for 2002.
146.23 The 2003 appropriation includes $1,500,000 for 2002 and
146.24 $13,050,000 for 2003.
146.25 Subd. 3. [DEBT SERVICE AID.] For debt service aid
146.26 according to Minnesota Statutes, section 123B.53, subdivision 6:
146.27 $25,989,000 ..... 2002
146.28 $33,360,000 ..... 2003
146.29 The 2002 appropriation includes $2,890,000 for 2001 and
146.30 $23,099,000 for 2002.
146.31 The 2003 appropriation includes $2,567,000 for 2002 and
146.32 $30,793,000 for 2003.
146.33 Subd. 4. [INTERACTIVE TELEVISION (ITV) AID.] For
146.34 interactive television (ITV) aid under Minnesota Statutes,
146.35 section 126C.40, subdivision 4:
146.36 $1,418,000 ..... 2002
147.1 $ 129,000 ..... 2003
147.2 The 2002 appropriation includes $260,000 for 2001 and
147.3 $1,158,000 for 2002.
147.4 The 2003 appropriation includes $129,000 for 2002 and $0
147.5 for 2003.
147.6 Subd. 5. [ALTERNATIVE FACILITIES BONDING AID.] For
147.7 alternative facilities bonding aid, according to Minnesota
147.8 Statutes, section 123B.59, subdivision 1:
147.9 $19,279,000 ..... 2002
147.10 $19,287,000 ..... 2003
147.11 The 2002 appropriation includes $1,921,000 for 2001 and
147.12 $17,358,000 for 2002.
147.13 The 2003 appropriation includes $1,929,000 for 2002 and
147.14 $17,358,000 for 2003.
147.15 Subd. 6. [TELECOMMUNICATION ACCESS COST REVENUE.] For
147.16 telecommunication access cost revenue under Minnesota Statutes,
147.17 section 125B.25:
147.18 $17,968,000 ..... 2002
147.19 $ 1,852,000 ..... 2003
147.20 The 2002 appropriation includes $1,300,000 for 2001 and
147.21 $16,668,000 for 2002.
147.22 The 2003 appropriation includes $1,852,000 for 2002 and $0
147.23 for 2003.
147.24 If the appropriation amount is insufficient, the
147.25 commissioner shall reduce the reimbursement rate in Minnesota
147.26 Statutes, section 125B.25, subdivisions 5 and 6, and the revenue
147.27 for the 2001-2002 school year shall be prorated. The
147.28 reimbursement rate shall not exceed 100 percent.
147.29 Subd. 7. [FLOODS; DECLINING PUPIL AID.] For declining
147.30 pupil aid under Laws 1999, chapter 241, article 4, section 23:
147.31 $921,000 ..... 2002
147.32 Subd. 8. [CROSSWINDS; PROJECT COMPLETION.] For a
147.33 metropolitan magnet school grant to school district No. 6067,
147.34 Tri-District, to acquire land for, design, construct, furnish,
147.35 and equip a new school building.
147.36 $1,700,000 ..... 2002
148.1 The appropriation in this subdivision is in addition to
148.2 appropriations in Laws 1998, chapter 404, section 5, subdivision
148.3 5; Laws 1999, chapter 240, article 1, section 3; and Laws 2000,
148.4 chapter 492, article 1, section 5, subdivision 2.
148.5 Sec. 30. [REPEALER.]
148.6 Minnesota Statutes 2000, sections 123B.71, subdivisions 3
148.7 and 10; 136D.281, subdivision 8; 136D.741, subdivision 8;
148.8 136D.88, subdivision 8; and 136D.94, are repealed.
148.9 ARTICLE 5
148.10 NUTRITION; SCHOOL ACCOUNTING; AND OTHER PROGRAMS
148.11 Section 1. Minnesota Statutes 2000, section 123B.75, is
148.12 amended by adding a subdivision to read:
148.13 Subd. 10. [RESERVED REVENUE.] (a) In addition to any other
148.14 reserve accounts authorized to be established pursuant to other
148.15 law, a school district may establish one or more reserve
148.16 accounts in the general fund which will contain revenue
148.17 appropriated to those accounts by the board. Revenue contained
148.18 in a reserve account may only be used for the purposes specified
148.19 by the board and shall not be available for other purposes.
148.20 (b) A school district must establish a reserve account for
148.21 secondary vocational programming. A district must reserve up to
148.22 the amount of secondary vocational revenue that it received in
148.23 fiscal year 2001.
148.24 Sec. 2. Minnesota Statutes 2000, section 123B.80,
148.25 subdivision 1, is amended to read:
148.26 Subdivision 1. [COMMISSIONER'S AUTHORIZATION.] The
148.27 commissioner may authorize a board to transfer money from any
148.28 fund or account other than the debt redemption fund to another
148.29 fund or account according to this section.
148.30 Sec. 3. [124D.1156] [FAST BREAK TO LEARNING BREAKFAST
148.31 PROGRAM.]
148.32 Subdivision 1. [ELIGIBILITY.] The commissioner shall
148.33 provide funding to the 41 targeted breakfast program grant
148.34 recipients under Laws 1997, First Special Session chapter 4,
148.35 article 6, section 19, and then to public or nonpublic
148.36 elementary schools that participate in the federal School
149.1 Breakfast and Lunch Programs where at least 33 percent of the
149.2 lunches served to children during the second preceding school
149.3 year were provided free or at a reduced price. Schools shall
149.4 not charge student households for fast break to learning meals.
149.5 Subd. 2. [PROGRAM.] The fast break to learning school
149.6 breakfast program enables schools participating in the federal
149.7 School Breakfast and Lunch Programs to cover the costs for
149.8 school breakfast without charging student households.
149.9 Subd. 3. [PROGRAM REIMBURSEMENT.] State funds are provided
149.10 to reimburse fast break to learning school breakfasts. Each
149.11 school year, the state must reimburse schools for the difference
149.12 between the per meal federal rate of reimbursement and the per
149.13 meal state average cost. Meals that are reimbursed at a federal
149.14 rate that is equal to or higher than the state average cost do
149.15 not qualify for fast break to learning funds. Schools must use
149.16 the funds to provide school breakfast to school children every
149.17 day school is in session.
149.18 Sec. 4. [124D.1195] [COMMODITY DONATED FOOD REVOLVING
149.19 FUND.]
149.20 A revolving fund is established for the purpose of
149.21 depositing cash received for commodity donated foods that have
149.22 been lost, damaged, recalled, or diverted for processing. The
149.23 state shall use the fund to issue payments for the value of the
149.24 lost, damaged, recalled, or diverted commodity donated foods and
149.25 related costs.
149.26 Sec. 5. Minnesota Statutes 2000, section 127A.41,
149.27 subdivision 8, is amended to read:
149.28 Subd. 8. [APPROPRIATION TRANSFERS.] If a direct
149.29 appropriation from the general fund to the department for any
149.30 education aid or grant authorized in this chapter and chapters
149.31 122A, 123A, 123B, 124D, 125A, 126C, and 134, excluding
149.32 appropriations under sections 124D.135, 124D.16, 124D.20,
149.33 124D.21, 124D.22, 124D.52, 124D.53, 124D.54, 124D.55, and
149.34 124D.56, exceeds the amount required, the commissioner may
149.35 transfer the excess to any education aid or grant appropriation
149.36 that is insufficient. However, section 126C.20 applies to a
150.1 deficiency in the direct appropriation for general education
150.2 aid. Excess appropriations must be allocated proportionately
150.3 among aids or grants that have insufficient appropriations. The
150.4 commissioner of finance shall make the necessary transfers among
150.5 appropriations according to the determinations of the
150.6 commissioner. If the amount of the direct appropriation for the
150.7 aid or grant plus the amount transferred according to this
150.8 subdivision is insufficient, the commissioner shall prorate the
150.9 available amount among eligible districts. The state is not
150.10 obligated for any additional amounts.
150.11 Sec. 6. Minnesota Statutes 2000, section 127A.45,
150.12 subdivision 12, is amended to read:
150.13 Subd. 12. [PAYMENT PERCENTAGE FOR CERTAIN AIDS.] One
150.14 hundred percent of the aid for the current fiscal year must be
150.15 paid for the following aids: reimbursement for transportation
150.16 to post-secondary institutions, according to section 124D.09,
150.17 subdivision 22; aid for the program for adults with
150.18 disabilities, according to section 124D.56, subdivision 2;
150.19 school lunch aid, according to section 124D.111; hearing
150.20 impaired support services aid, according to section 124D.57;
150.21 Indian post-secondary preparation grants according to section
150.22 124D.85; integration grants according to Laws 1989, chapter 329,
150.23 article 8, section 14, subdivision 3; and debt service aid
150.24 according to section 123B.53, subdivision 6.
150.25 Sec. 7. Minnesota Statutes 2000, section 127A.45, is
150.26 amended by adding a subdivision to read:
150.27 Subd. 14a. [STATE NUTRITION PROGRAMS.] Notwithstanding
150.28 subdivision 3, the state shall pay 100 percent of the aid for
150.29 the current year according to sections 124D.111, 124D.115,
150.30 124D.1156, and 124D.118 based on submitted monthly vouchers
150.31 showing meals and milk served.
150.32 Sec. 8. Minnesota Statutes 2000, section 475.61,
150.33 subdivision 3, is amended to read:
150.34 Subd. 3. [IRREVOCABILITY.] (a) Tax levies so made and
150.35 filed shall be irrevocable, except as provided in this
150.36 subdivision.
151.1 (b) For purposes of this subdivision, "excess debt
151.2 redemption fund balance" means the greater of zero or the
151.3 balance in the district's debt redemption fund as of June 30 of
151.4 the fiscal year ending in the year before the year the levy is
151.5 certified, minus any debt redemption fund balance attributable
151.6 to refunding of existing bonds, minus the amount of the levy
151.7 reduction for the current year and the prior year under
151.8 paragraphs (e) and (f), minus five percent of the district's
151.9 required debt service levy for the next year.
151.10 (c) By July 15 each year, a district shall report to the
151.11 commissioner of children, families, and learning the amount of
151.12 the districts' debt redemption fund balance as of June 30 of the
151.13 prior year attributable to refunding of existing bonds.
151.14 (d) By August 15 each year, the commissioner shall
151.15 determine the excess debt redemption fund balance for each
151.16 school district, and shall certify the amount of the excess
151.17 balance to the school district superintendent.
151.18 (e) In each year when there is on hand any a district has
151.19 an excess amount in the debt redemption fund of a school
151.20 district at the time the district makes its property tax levies,
151.21 the amount of the excess shall be certified by the school board
151.22 to the commissioner. balance, the commissioner shall report the
151.23 amount of the excess to the county auditor and the auditor shall
151.24 reduce the tax levy otherwise to be included in the rolls next
151.25 prepared by the amount certified. The commissioner shall
151.26 prescribe the form and calculation to be used in computing the
151.27 excess amount.
151.28 (f) The school board may, with the approval of the
151.29 commissioner, retain all or part of the excess amount balance if
151.30 it is necessary to ensure the prompt and full payment of the
151.31 obligations and any call premium on the obligations, or will be
151.32 used for redemption of the obligations in accordance with their
151.33 terms. A school district requesting authority to retain all or
151.34 part of the excess balance shall provide written documentation
151.35 to the commissioner describing the rationale for its request by
151.36 September 15. A school district that retains an excess may
152.1 request to transfer the excess to its operating capital account
152.2 in the general fund under section 123B.80. The school board
152.3 may, with the approval of the commissioner, specify a tax levy
152.4 in a higher amount if necessary because of anticipated tax
152.5 delinquency or for cash flow needs to meet the required payments
152.6 from the debt redemption fund.
152.7 (g) If the governing body, including the governing body of
152.8 a school district, in any year makes an irrevocable
152.9 appropriation to the debt service fund of money actually on hand
152.10 or if there is on hand any excess amount in the debt service
152.11 fund, the recording officer may certify to the county auditor
152.12 the fact and amount thereof and the auditor shall reduce by the
152.13 amount so certified the amount otherwise to be included in the
152.14 rolls next thereafter prepared.
152.15 Sec. 9. [FUND TRANSFERS.]
152.16 Subdivision 1. [LAPORTE.] Notwithstanding Minnesota
152.17 Statutes, section 123B.79 or 123B.80, on June 30, 2001,
152.18 independent school district No. 306, LaPorte, may permanently
152.19 transfer up to $141,000 from the bus purchase account in its
152.20 transportation fund to its capital expenditure fund without
152.21 making a levy reduction.
152.22 Subd. 2. [CLEVELAND.] Notwithstanding Minnesota Statutes,
152.23 section 123B.79 or 123B.80, on June 30, 2001, independent school
152.24 district No. 391, Cleveland, may permanently transfer up to
152.25 $107,000 from its reserved operating capital account in its
152.26 general fund to the undesignated fund balance.
152.27 Subd. 3. [LEWISTON.] (a) Notwithstanding Minnesota
152.28 Statutes, section 123B.79 or 123B.80, for calendar years 2002
152.29 through 2012, on June 30 of each year, independent school
152.30 district No. 857, Lewiston, may permanently transfer up to
152.31 $175,000 from its capital accounts in its general fund or from
152.32 its unrestricted general fund to the debt redemption fund.
152.33 (b) The eligible debt service revenue and debt service
152.34 equalization aid, if any, for independent school district No.
152.35 857, Lewiston, must be determined prior to the annual transfer
152.36 of general fund revenue authorized in subdivision 1.
153.1 Subd. 4. [RUSSELL.] Notwithstanding Minnesota Statutes,
153.2 section 123B.79 or 123B.80, on June 30, 2001, independent school
153.3 district No. 418, Russell, may permanently transfer up to
153.4 $160,000 from its reserved capital accounts in its general fund
153.5 to the undesignated fund balance.
153.6 Subd. 5. [MOUNTAIN LAKE.] Notwithstanding Minnesota
153.7 Statutes, section 123B.79 or 123B.80, on June 30, 2001,
153.8 independent school district No. 173, Mountain Lake, may
153.9 permanently transfer up to $300,000 from its reserved capital
153.10 accounts in its general fund to the undesignated fund balance.
153.11 Subd. 6. [ISLE.] (a) Notwithstanding Minnesota Statutes,
153.12 section 123B.79 or 123B.80, on June 30, 2001, upon approval of
153.13 the commissioner of children, families, and learning,
153.14 independent school district No. 473, Isle, may permanently
153.15 transfer up to $175,000 from its reserved account for disability
153.16 access to its undesignated general fund balance.
153.17 (b) Prior to making the fund transfer, independent school
153.18 district No. 473, Isle, must demonstrate to the commissioner's
153.19 satisfaction that the district's school buildings are accessible
153.20 to students or employees with disabilities.
153.21 [EFFECTIVE DATE.] This section is effective the day
153.22 following final enactment.
153.23 Sec. 10. [FUND TRANSFERS; DEBT REDEMPTION FUND.]
153.24 Subdivision 1. [ELGIN-MILLVILLE.] Notwithstanding
153.25 Minnesota Statutes, sections 123B.79, 123B.80, and 475.61,
153.26 subdivision 4, on June 30, 2001, independent school district No.
153.27 806, Elgin-Millville, may permanently transfer up to $100,000
153.28 from its debt redemption fund to its reserved capital accounts
153.29 in its general fund without making a levy reduction.
153.30 Subd. 2. [PINE CITY.] (a) Notwithstanding Minnesota
153.31 Statutes, sections 123B.79, 123B.80, and 475.61, subdivision 4,
153.32 on June 30, 2001, independent school district No. 578, Pine
153.33 City, may permanently transfer up to $200,000 from its debt
153.34 redemption fund to its capital account in its general fund
153.35 without making a levy reduction.
153.36 (b) Revenue transferred under this section must be used to
154.1 purchase a facility for the area learning center.
154.2 Subd. 3. [ROCORI.] Notwithstanding Minnesota Statutes,
154.3 sections 123B.80, 123B.912, and 475.61, subdivision 4, on June
154.4 30, 2001, independent school district No. 750, Rocori, may
154.5 permanently transfer up to $325,000 from its debt redemption
154.6 fund to its capital account in its general fund without making a
154.7 levy reduction.
154.8 Subd. 4. [TRI-COUNTY SCHOOLS.] Notwithstanding Minnesota
154.9 Statutes, sections 123B.79, 123B.80, and 475.61, subdivision 4,
154.10 on June 30, 2001, independent school district No. 2358,
154.11 Tri-County schools, may permanently transfer up to $120,000 from
154.12 its debt redemption fund to its operating capital account in its
154.13 general fund without making a levy reduction.
154.14 Subd. 5. [WATERTOWN-MAYER.] Notwithstanding Minnesota
154.15 Statutes, sections 123B.79, 123B.80, and 475.61, subdivision 4,
154.16 on June 30, 2001, independent school district No. 111,
154.17 Watertown-Mayer, may permanently transfer up to $325,000 from
154.18 its debt redemption fund to its reserved capital accounts in its
154.19 general fund without making a levy reduction.
154.20 Subd. 6. [HOLDINGFORD.] Notwithstanding Minnesota
154.21 Statutes, sections 123B.79, 123B.80, and 475.61, subdivision 4,
154.22 on June 30, 2001, independent school district No. 738,
154.23 Holdingford, may permanently transfer up to $200,000 from its
154.24 debt redemption fund to its undesignated general fund balance
154.25 without making a levy reduction.
154.26 Subd. 7. [ROYALTON.] Notwithstanding Minnesota Statutes,
154.27 sections 123B.79, 123B.80, and 475.61, subdivision 4, on June
154.28 30, 2001, independent school district No. 485, Royalton, may
154.29 permanently transfer up to $64,000 from its debt redemption fund
154.30 to its reserved capital accounts in its general fund without
154.31 making a levy reduction.
154.32 Subd. 8. [GLENCOE-SILVER LAKE.] Notwithstanding Minnesota
154.33 Statutes, sections 123B.79, 123B.80, and 475.61, subdivision 4,
154.34 on June 30, 2001, independent school district No. 2859,
154.35 Glencoe-Silver Lake, may permanently transfer up to $27,000 from
154.36 its debt redemption fund to its reserved operating capital
155.1 account in its general fund without making a levy reduction.
155.2 Subd. 9. [PILLAGER.] Notwithstanding Minnesota Statutes,
155.3 sections 123B.79, 123B.80, and 475.61, subdivision 4, on June
155.4 30, 2001, independent school district No. 116, Pillager, may
155.5 permanently transfer up to $60,000 from its debt redemption fund
155.6 to its reserved operating capital account in its general fund
155.7 without making a levy reduction.
155.8 [EFFECTIVE DATE.] This section is effective the day
155.9 following final enactment.
155.10 Sec. 11. [OPERATING CAPITAL ACCOUNT DEFICIT; EXCEPTION.]
155.11 Notwithstanding Minnesota Statutes, section 123B.78,
155.12 subdivision 5, independent school district No. 492, Austin, may
155.13 incur a deficit of up to $4,200,000 in its reserved capital
155.14 operating account for the Westcott Field improvement project.
155.15 The deficit must be eliminated by June 30, 2011. Any donations
155.16 or contributions received by the district for the Westcott Field
155.17 improvement project must be deposited in the reserved capital
155.18 operating account.
155.19 [EFFECTIVE DATE.] This section is effective the day
155.20 following final enactment.
155.21 Sec. 12. [APPROPRIATIONS.]
155.22 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
155.23 LEARNING.] The sums indicated in this section are appropriated
155.24 from the general fund to the department of children, families,
155.25 and learning for the fiscal years designated.
155.26 Subd. 2. [SCHOOL LUNCH.] (a) For school lunch aid
155.27 according to Minnesota Statutes, section 124D.111, and Code of
155.28 Federal Regulations, title 7, section 210.17, and for school
155.29 milk aid according to Minnesota Statutes, section 124D.118:
155.30 $8,710,000 ..... 2002
155.31 $8,950,000 ..... 2003
155.32 (b) Not more than $800,000 of the amount appropriated each
155.33 year may be used for school milk aid.
155.34 Subd. 3. [SCHOOL BREAKFAST.] For school breakfast aid
155.35 under Minnesota Statutes, section 124D.115:
155.36 $640,000 ..... 2002
156.1 $700,000 ..... 2003
156.2 Subd. 4. [SUMMER FOOD SERVICE REPLACEMENT AID.] For summer
156.3 food service replacement aid under Minnesota Statutes, section
156.4 124D.119:
156.5 $150,000 ..... 2002
156.6 $150,000 ..... 2003
156.7 Subd. 5. [FAST BREAK TO LEARNING GRANTS.] For fast break
156.8 to learning grants under Minnesota Statutes, section 124D.1156:
156.9 $2,500,000 ..... 2002
156.10 $2,500,000 ..... 2003
156.11 Any balance in the first year does not cancel but is
156.12 available in the second year.
156.13 Sec. 13. [REPEALER.]
156.14 Minnesota Statutes 2000, section 124D.1155, is repealed.
156.15 ARTICLE 6
156.16 AGENCY PROVISIONS
156.17 Section 1. Minnesota Statutes 2000, section 120A.05, is
156.18 amended by adding a subdivision to read:
156.19 Subd. 14a. [STATE BOARD OF EDUCATION.] "State board of
156.20 education" or "state board" means the state board of education
156.21 established under section 127A.03 that is charged with general
156.22 supervision over educational agencies and other
156.23 education-related matters.
156.24 [EFFECTIVE DATE.] This section is effective January 1, 2002.
156.25 Sec. 2. Minnesota Statutes 2000, section 122A.162, is
156.26 amended to read:
156.27 122A.162 [LICENSURE RULES.]
156.28 The commissioner may make rules relating to licensure of
156.29 school personnel not licensed by the board of teaching or board
156.30 of educational administration.
156.31 Sec. 3. Minnesota Statutes 2000, section 122A.163, is
156.32 amended to read:
156.33 122A.163 [TEACHER RULE VARIANCES; COMMISSIONER.]
156.34 Notwithstanding any law to the contrary, and only upon
156.35 receiving the agreement of the state board of teaching or board
156.36 of educational administration, whichever has jurisdiction over
157.1 the licensure, the commissioner of children, families, and
157.2 learning may grant a variance to rules governing licensure
157.3 of teachers for those teachers persons licensed by the board of
157.4 teaching or board of educational administration, whichever has
157.5 jurisdiction. The commissioner may grant a variance, without
157.6 the agreement of the board of teaching, to rules adopted by the
157.7 commissioner governing licensure of teachers for those teachers
157.8 the commissioner licenses.
157.9 Sec. 4. Minnesota Statutes 2000, section 122A.18,
157.10 subdivision 1, is amended to read:
157.11 Subdivision 1. [AUTHORITY TO LICENSE.] (a) The board of
157.12 teaching must license teachers, as defined in section 122A.15,
157.13 subdivision 1, except for supervisory personnel, as defined in
157.14 section 122A.15, subdivision 2.
157.15 (b) The commissioner of children, families, and learning
157.16 board of educational administration must license supervisory
157.17 personnel as defined in section 122A.15, subdivision 2, except
157.18 for athletic coaches.
157.19 (c) Licenses under the jurisdiction of the board of
157.20 teaching and the commissioner of children, families, and
157.21 learning must be issued through the licensing section of the
157.22 department.
157.23 Sec. 5. Minnesota Statutes 2000, section 122A.18,
157.24 subdivision 4, is amended to read:
157.25 Subd. 4. [EXPIRATION AND RENEWAL.] (a) Each license the
157.26 department of children, families, and learning issues through
157.27 its licensing section must bear the date of issue. Licenses
157.28 must expire and be renewed according to the respective rules the
157.29 board of teaching, the board of educational administration, or
157.30 the commissioner of children, families, and learning adopts.
157.31 Requirements for renewing a license must include showing
157.32 satisfactory evidence of successful teaching or administrative
157.33 experience for at least one school year during the period
157.34 covered by the license in grades or subjects for which the
157.35 license is valid or completing such additional preparation as
157.36 the board of teaching prescribes. The commissioner of children,
158.1 families, and learning board of educational administration shall
158.2 establish requirements for renewing the licenses of supervisory
158.3 personnel except athletic coaches. The state board of teaching
158.4 shall establish requirements for renewing the licenses of
158.5 athletic coaches.
158.6 (b) The board of teaching shall offer alternative
158.7 continuing relicensure options for teachers who are accepted
158.8 into and complete the national board for professional teaching
158.9 standards certification process, and offer additional continuing
158.10 relicensure options for teachers who earn national board for
158.11 professional teaching standards certification. Continuing
158.12 relicensure requirements for teachers who do not maintain
158.13 national board for professional teaching standards certification
158.14 are those the board prescribes.
158.15 Sec. 6. [122A.191] [DEFINITIONS.]
158.16 Subdivision 1. [SCOPE.] For the purposes of sections
158.17 122A.191 to 122A.194, the terms defined in this section have the
158.18 meanings given them, unless another meaning is clearly indicated.
158.19 Subd. 2. [BOARD.] "Board" means the board of educational
158.20 administration.
158.21 Subd. 3. [COMMUNITY EDUCATION DIRECTOR.] "Community
158.22 education director" means a person devoting time to
158.23 administrative and supervisory duties pertaining to community
158.24 education and employed as a community education director.
158.25 Subd. 4. [PRINCIPAL.] "Principal" means a person who
158.26 devotes more than 50 percent of the time to administrative or
158.27 supervisory duties and is employed as an elementary principal,
158.28 secondary principal, or kindergarten through grade 12
158.29 principal. The term also includes assistant principals.
158.30 Subd. 5. [SCHOOL ADMINISTRATORS.] "School administrators"
158.31 means superintendents, principals, special education directors,
158.32 community education directors, and vocational administrators.
158.33 Subd. 6. [SPECIAL EDUCATION DIRECTOR.] "Special education
158.34 director" means a person devoting time to administrative or
158.35 supervisory duties for special instruction and services for
158.36 children and is employed as a special education director.
159.1 Special education director includes assistant special education
159.2 directors.
159.3 Subd. 7. [SUPERINTENDENT.] "Superintendent" means a school
159.4 administrator employed pursuant to section 123B.143, subdivision
159.5 1, and includes assistant superintendents.
159.6 Subd. 8. [VOCATIONAL ADMINISTRATOR.] "Vocational
159.7 administrator" means a person devoting time to administrative or
159.8 supervisory duties for vocational education.
159.9 Sec. 7. [122A.192] [BOARD OF EDUCATIONAL ADMINISTRATION.]
159.10 Subdivision 1. [APPOINTMENT OF MEMBERS; ELIGIBILITY.] The
159.11 board of educational administration consists of seven members
159.12 appointed by the governor as follows:
159.13 (1) an elementary school principal employed by a school
159.14 district;
159.15 (2) a secondary school principal employed by a school
159.16 district;
159.17 (3) a school superintendent employed by a school district;
159.18 (4) a classroom teacher employed by a school district;
159.19 (5) a community education director or a special education
159.20 director;
159.21 (6) one higher education representative, who must be a
159.22 faculty member preparing school administrators; and
159.23 (7) a public member, as defined in section 214.02.
159.24 In making appointments, the governor shall solicit
159.25 recommendations from groups representing persons in clauses (1)
159.26 to (6).
159.27 Subd. 2. [TERMS; COMPENSATION; REMOVAL.] Membership terms,
159.28 removal of members, and the filling of membership vacancies
159.29 shall be as provided under section 214.09 except the terms
159.30 expire July 31. The terms of the initial board members must be
159.31 determined by lot as follows: one member must be appointed for
159.32 a term that expires August 1, 2002; one member must be appointed
159.33 for a term that expires August 1, 2003; two members must be
159.34 appointed for a term that expires August 1, 2004; and three
159.35 members must be appointed to terms that expire August 1, 2005.
159.36 The actual and necessary expenses of all members serving on the
160.1 board shall be as provided in section 214.09, subdivision 3.
160.2 Members shall not receive the daily payment under section
160.3 214.09, subdivision 3. The employer of a member shall not
160.4 reduce the member's compensation or benefits for the member's
160.5 absence from employment when engaging in the business of the
160.6 board. A member shall not be reappointed for more than one
160.7 additional term.
160.8 Subd. 3. [VACANT POSITION.] The position of a member who
160.9 leaves Minnesota or whose employment status changes to a
160.10 category different from that from which appointed shall be
160.11 deemed vacant.
160.12 Subd. 4. [ADMINISTRATION.] The provision of staff,
160.13 administrative services, and office space; the review and
160.14 processing of complaints; the setting of fees; the selection and
160.15 duties of an executive secretary to serve the board; and other
160.16 provisions relating to board operations are as provided in
160.17 chapter 214. Fiscal year and reporting requirements shall be as
160.18 provided under sections 214.07 and 214.08.
160.19 Sec. 8. [122A.193] [MEETINGS.]
160.20 Subdivision 1. [MEETINGS.] The board of educational
160.21 administration shall meet regularly at the times and places
160.22 determined by the board. The board shall nominate and elect a
160.23 chair and other officers from its membership. Meetings shall be
160.24 called by the chair or at the written request of any three
160.25 members.
160.26 Subd. 2. [EXECUTIVE SECRETARY.] The board of educational
160.27 administration may hire an executive secretary and other staff
160.28 or may arrange to share a director and staff with the board of
160.29 teaching. If the board hires an executive director, the person
160.30 is in the unclassified service.
160.31 Sec. 9. [122A.194] [DUTIES OF BOARD OF EDUCATIONAL
160.32 ADMINISTRATION.]
160.33 Subdivision 1. [LICENSING.] The board shall license school
160.34 administrators. The board shall adopt rules to license school
160.35 administrators in accordance with chapter 14. Other than the
160.36 rules transferred to the board under section 122A.18,
161.1 subdivision 4, the board may not adopt or amend rules under this
161.2 section until the rules are approved by law. The rules shall
161.3 include the licensing of persons who have successfully completed
161.4 alternative preparation programs under section 122A.27. The
161.5 board may enter into agreements with the board of teaching
161.6 regarding multiple license matters.
161.7 Subd. 2. [PREPARATION PROGRAMS.] The board shall review
161.8 and approve preparation programs for school administrators and
161.9 alternative preparation programs under section 122A.27.
161.10 Subd. 3. [RULES FOR CONTINUING EDUCATION REQUIREMENTS.]
161.11 The board shall adopt rules establishing continuing education
161.12 requirements which promote continuous improvement and
161.13 acquisition of new and relevant skills by school administrators.
161.14 Subd. 4. [CODE OF ETHICS.] The board shall adopt by rule a
161.15 code of ethics covering standards of professional practice,
161.16 including ethical conduct, professional performance, and methods
161.17 of enforcement, and advise school administrators in interpreting
161.18 the code of ethics.
161.19 Subd. 5. [COMMISSIONER'S REPRESENTATIVE TO COMMENT ON
161.20 PROPOSED RULE.] Prior to the adoption of any rule that must be
161.21 submitted to public hearing, a representative of the
161.22 commissioner of children, families, and learning shall appear
161.23 before the board and at any hearing required under section
161.24 14.14, subdivision 1, to comment on the cost and educational
161.25 implications of the proposed rule.
161.26 Subd. 6. [REGISTER OF PERSONS LICENSED.] The executive
161.27 director of the board shall keep a record of the proceedings of
161.28 the board and a register of all persons licensed under this
161.29 chapter. The register must show the name, address, license
161.30 number, and the renewal of the license. The board must on July
161.31 1 of each year, or as soon thereafter as is practicable, compile
161.32 a list of licensed school administrators and transmit a copy of
161.33 the list to the board. A copy of the register must be available
161.34 during business hours at the office of the board to any
161.35 interested person.
161.36 Subd. 7. [COMMISSIONER'S ASSISTANCE; BOARD MONEY.] The
162.1 commissioner shall provide all necessary materials and
162.2 assistance for the transaction of the business of the board and
162.3 all money received by the board shall be paid into the state
162.4 treasury as provided by law. The expenses of administering the
162.5 board of educational administration shall be paid for from
162.6 appropriations made to the board of educational administration.
162.7 Sec. 10. Minnesota Statutes 2000, section 122A.20,
162.8 subdivision 2, is amended to read:
162.9 Subd. 2. [MANDATORY REPORTING.] A school board must report
162.10 to the board of teaching, the board of educational
162.11 administration, or the board of trustees of the Minnesota state
162.12 colleges and universities, whichever has jurisdiction over the
162.13 teacher's or administrator's license, when its teacher or
162.14 administrator is discharged or resigns from employment after a
162.15 charge is filed with the school board under section 122A.41,
162.16 subdivisions 6, clauses (1), (2), and (3), and 7, or after
162.17 charges are filed that are ground for discharge under section
162.18 122A.40, subdivision 13, paragraph (a), clauses (1) to (5), or
162.19 when a teacher or administrator is suspended or resigns while an
162.20 investigation is pending under section 122A.40, subdivision 13,
162.21 paragraph (a) clauses (1) to (5); 122A.41, subdivisions 6,
162.22 clauses (1), (2), and (3), and 7; or 626.556. The report must
162.23 be made to the appropriate licensing board within ten days after
162.24 the discharge, suspension, or resignation has occurred. The
162.25 licensing board to which the report is made must investigate the
162.26 report for violation of subdivision 1 and the reporting board
162.27 must cooperate in the investigation. Notwithstanding any
162.28 provision in chapter 13 or any law to the contrary, upon written
162.29 request from the licensing board having jurisdiction over
162.30 the teacher's license, a board or school superintendent shall
162.31 provide the licensing board with information about the
162.32 teacher or administrator from the district's files, any
162.33 termination or disciplinary proceeding, any settlement or
162.34 compromise, or any investigative file. Upon written request
162.35 from the appropriate licensing board, a board or school
162.36 superintendent may, at the discretion of the board or school
163.1 superintendent, solicit the written consent of a student and the
163.2 student's parent to provide the licensing board with information
163.3 that may aid the licensing board in its investigation and
163.4 license proceedings. The licensing board's request need not
163.5 identify a student or parent by name. The consent of the
163.6 student and the student's parent must meet the requirements of
163.7 chapter 13 and Code of Federal Regulations, title 34, section
163.8 99.30. The licensing board may provide a consent form to the
163.9 district. Any data transmitted to any board under this section
163.10 is private data under section 13.02, subdivision 12,
163.11 notwithstanding any other classification of the data when it was
163.12 in the possession of any other agency.
163.13 The licensing board to which a report is made must transmit
163.14 to the attorney general's office any record or data it receives
163.15 under this subdivision for the sole purpose of having the
163.16 attorney general's office assist that board in its
163.17 investigation. When the attorney general's office has informed
163.18 an employee of the appropriate licensing board in writing that
163.19 grounds exist to suspend or revoke a teacher's license to teach,
163.20 that licensing board must consider suspending or revoking or
163.21 decline to suspend or revoke the teacher's or administrator's
163.22 license within 45 days of receiving a stipulation executed by
163.23 the teacher or administrator under investigation or a
163.24 recommendation from an administrative law judge that
163.25 disciplinary action be taken.
163.26 Sec. 11. Minnesota Statutes 2000, section 122A.21, is
163.27 amended to read:
163.28 122A.21 [TEACHERS' AND ADMINISTRATORS' LICENSES; FEES.]
163.29 Each application for the issuance, renewal, or extension of
163.30 a license to teach and each application for the issuance,
163.31 renewal, or extension of a license as supervisory personnel must
163.32 be accompanied by a processing fee in an amount set by the board
163.33 of teaching by rule. Each application for the issuance,
163.34 renewal, or extension of a license as school administrators and
163.35 supervisors must be accompanied by a processing fee in the same
163.36 amounts set by the board of teaching. The processing fee for a
164.1 teacher's license and for the licenses of supervisory personnel
164.2 must be paid to the executive secretary of the appropriate board
164.3 of teaching. The executive secretary of the board of teaching
164.4 shall deposit the fees with the state treasurer, as provided by
164.5 law, and report each month to the commissioner of finance the
164.6 amount of fees collected. The fees as set by the board are
164.7 nonrefundable for applicants not qualifying for a license.
164.8 However, a fee must be refunded by the state treasurer in any
164.9 case in which the applicant already holds a valid unexpired
164.10 license. The board may waive or reduce fees for applicants who
164.11 apply at the same time for more than one license.
164.12 Sec. 12. Minnesota Statutes 2000, section 124D.10,
164.13 subdivision 1, is amended to read:
164.14 Subdivision 1. [PURPOSES.] (a) The purpose of this section
164.15 is to:
164.16 (1) improve pupil learning;
164.17 (2) increase learning opportunities for pupils;
164.18 (3) encourage the use of different and innovative teaching
164.19 methods;
164.20 (4) require the measurement of learning outcomes and create
164.21 different and innovative forms of measuring outcomes;
164.22 (5) establish new forms of accountability for schools; or
164.23 (6) create new professional opportunities for teachers,
164.24 including the opportunity to be responsible for the learning
164.25 program at the school site;
164.26 (7) test new and more accountable, results-based forms of
164.27 oversight and accountability for schools;
164.28 (8) focus state oversight on the role of sponsors of
164.29 charter schools; or
164.30 (9) encourage school boards to make full use of the
164.31 opportunities provided by this section.
164.32 (b) This section does not provide a means to keep open a
164.33 school that otherwise would be closed. Applicants in these
164.34 circumstances bear the burden of proving that conversion to a
164.35 charter school fulfills a purpose specified in this subdivision,
164.36 independent of the school's closing.
165.1 Sec. 13. Minnesota Statutes 2000, section 124D.10, is
165.2 amended by adding a subdivision to read:
165.3 Subd. 2a. [STATE BOARD FOR CHARTER SCHOOLS.] (a) The state
165.4 board for charter schools shall administer laws governing
165.5 charter schools. The state board shall:
165.6 (1) perform the state role in sponsorship of charter
165.7 schools;
165.8 (2) encourage the creation of innovative schools;
165.9 (3) provide leadership and support for sponsors to increase
165.10 innovation, effectiveness, accountability, and fiscal soundness
165.11 of schools authorized under this section; and
165.12 (4) administer state and federal start-up aid.
165.13 The board may establish advisory groups.
165.14 (b) The state board shall consist of seven members
165.15 appointed by the governor with the advice and consent of the
165.16 senate. Persons appointed to the board shall have demonstrated
165.17 experience or interest in charter schools. Members must be
165.18 appointed for staggered terms of six years, with terms beginning
165.19 August 1 of each year. The terms of the initial board members
165.20 must be determined by lot as follows: one member must be
165.21 appointed for a term that expires August 1, 2004; two members
165.22 must be appointed for terms that expire August 1, 2005; two
165.23 members must be appointed for terms that expire August 1, 2006;
165.24 and two members must be appointed to terms that expire August 1,
165.25 2007.
165.26 (c) The initial chair of the board must be appointed by the
165.27 governor and successor chairs must be elected by the board
165.28 members. The chair shall serve a two-year term.
165.29 (d) Except as otherwise provided in this section, the
165.30 membership terms, compensation, removal of members, and filling
165.31 of vacancies shall be as provided for in section 15.0575.
165.32 (e) The state board shall appoint an executive director who
165.33 shall serve in the unclassified service and may appoint other
165.34 staff.
165.35 Sec. 14. Minnesota Statutes 2000, section 124D.10,
165.36 subdivision 3, is amended to read:
166.1 Subd. 3. [SPONSOR.] A school board; intermediate school
166.2 district school board; education district organized under
166.3 sections 123A.15 to 123A.19; charitable organization under
166.4 section 501(c)(3) of the Internal Revenue Code of 1986 that is a
166.5 member of the Minnesota council of nonprofits or the Minnesota
166.6 council on foundations, registered with the attorney general's
166.7 office, and reports an end-of-year fund balance of at least
166.8 $2,000,000; Minnesota private college that grants two- or
166.9 four-year degrees and is registered with the higher education
166.10 services office under chapter 136A; community college, state
166.11 university, or technical college, governed by the board of
166.12 trustees of the Minnesota state colleges and universities; or
166.13 the University of Minnesota; or the state board for charter
166.14 schools may sponsor one or more charter schools.
166.15 Sec. 15. Minnesota Statutes 2000, section 124D.10,
166.16 subdivision 4, is amended to read:
166.17 Subd. 4. [FORMATION OF SCHOOL.] (a) A sponsor may
166.18 authorize one or more licensed teachers under section 122A.18,
166.19 subdivision 1, to operate a charter school subject to approval
166.20 by the commissioner state board for charter schools. A board
166.21 must vote on charter school application for sponsorship no later
166.22 than 90 days after receiving the application. After 90 days,
166.23 the applicant may apply to the commissioner state board for
166.24 charter schools. If a board elects not to sponsor a charter
166.25 school, the applicant may appeal the board's decision to
166.26 the commissioner state board for charter schools. If
166.27 the commissioner state board for charter schools authorizes the
166.28 school, the commissioner state board must sponsor the school
166.29 according to this section. The school must be organized and
166.30 operated as a cooperative under chapter 308A or nonprofit
166.31 corporation under chapter 317A.
166.32 (b) Before the operators may form and operate a school, the
166.33 sponsor must file an affidavit with the commissioner state board
166.34 for charter schools stating its intent to authorize a charter
166.35 school. The affidavit must state the terms and conditions under
166.36 which the sponsor would authorize a charter school.
167.1 The commissioner state board for charter schools must approve or
167.2 disapprove the sponsor's proposed authorization within 60 days
167.3 of receipt of the affidavit. Failure to obtain commissioner
167.4 state board approval precludes a sponsor from authorizing the
167.5 charter school that was the subject of the affidavit.
167.6 (c) The operators authorized to organize and operate a
167.7 school must hold an election for members of the school's board
167.8 of directors in a timely manner after the school is operating.
167.9 Any staff members who are employed at the school, including
167.10 teachers providing instruction under a contract with a
167.11 cooperative, and all parents of children enrolled in the school
167.12 may participate in the election. Licensed teachers employed at
167.13 the school, including teachers providing instruction under a
167.14 contract with a cooperative, must be a majority of the members
167.15 of the board of directors, unless the commissioner state board
167.16 for charter schools waives the requirement for the school. A
167.17 provisional board may operate before the election of the
167.18 school's board of directors. Board of director meetings must
167.19 comply with chapter 13D.
167.20 (d) The granting or renewal of a charter by a sponsoring
167.21 entity must not be conditioned upon the bargaining unit status
167.22 of the employees of the school.
167.23 Sec. 16. Minnesota Statutes 2000, section 124D.10,
167.24 subdivision 6, is amended to read:
167.25 Subd. 6. [CONTRACT.] The sponsor's authorization for a
167.26 charter school must be in the form of a written contract signed
167.27 by the sponsor and the board of directors of the charter
167.28 school. The contract must be completed within 90 days of the
167.29 commissioner's approval by the state board of charter schools of
167.30 the sponsor's proposed authorization. The contract for a
167.31 charter school must be in writing and contain at least the
167.32 following:
167.33 (1) a description of a program that carries out one or more
167.34 of the purposes in subdivision 1;
167.35 (2) specific outcomes pupils are to achieve under
167.36 subdivision 10;
168.1 (3) admission policies and procedures;
168.2 (4) management and administration of the school;
168.3 (5) requirements and procedures for program and financial
168.4 audits;
168.5 (6) how the school will comply with subdivisions 8, 13, 16,
168.6 and 23;
168.7 (7) assumption of liability by the charter school;
168.8 (8) types and amounts of insurance coverage to be obtained
168.9 by the charter school;
168.10 (9) the term of the contract, which may be up to three
168.11 years; and
168.12 (10) if the board of directors or the operators of the
168.13 charter school provide special instruction and services for
168.14 children with a disability under sections 125A.03 to 125A.24,
168.15 and 125A.65, a description of the financial parameters within
168.16 which the charter school will operate to provide the special
168.17 instruction and services to children with a disability.
168.18 Sec. 17. Minnesota Statutes 2000, section 124D.10,
168.19 subdivision 8, is amended to read:
168.20 Subd. 8. [STATE AND LOCAL REQUIREMENTS.] (a) A charter
168.21 school shall meet all applicable state and local health and
168.22 safety requirements.
168.23 (b) A school sponsored by a school board may be located in
168.24 any district, unless the school board of the district of the
168.25 proposed location disapproves by written resolution. If such a
168.26 board denies a request to locate within its boundaries a charter
168.27 school sponsored by another school board, the sponsoring school
168.28 board may appeal to the commissioner state board for charter
168.29 schools. If the commissioner state board for charter schools
168.30 authorizes the school, the commissioner state board must sponsor
168.31 the school.
168.32 (c) A charter school must be nonsectarian in its programs,
168.33 admission policies, employment practices, and all other
168.34 operations. A sponsor may not authorize a charter school or
168.35 program that is affiliated with a nonpublic sectarian school or
168.36 a religious institution.
169.1 (d) Charter schools must not be used as a method of
169.2 providing education or generating revenue for students who are
169.3 being home-schooled.
169.4 (e) The primary focus of a charter school must be to
169.5 provide a comprehensive program of instruction for at least one
169.6 grade or age group from five through 18 years of age.
169.7 Instruction may be provided to people younger than five years
169.8 and older than 18 years of age.
169.9 (f) A charter school may not charge tuition.
169.10 (g) A charter school is subject to and must comply with
169.11 chapter 363 and section 121A.04.
169.12 (h) A charter school is subject to and must comply with the
169.13 Pupil Fair Dismissal Act, sections 121A.40 to 121A.56, and the
169.14 Minnesota Public School Fee Law, sections 123B.34 to 123B.39.
169.15 (i) A charter school is subject to the same financial
169.16 audits, audit procedures, and audit requirements as a district.
169.17 The audit must comply with the requirements of sections 123B.75
169.18 to 123B.83, except to the extent deviations are necessary
169.19 because of the program at the school. The department of
169.20 children, families, and learning, state board for charter
169.21 schools, state auditor, or legislative auditor may conduct
169.22 financial, program, or compliance audits. A charter school
169.23 determined to be in statutory operating debt under sections
169.24 123B.81 to 123B.83 must submit a plan under section 123B.81,
169.25 subdivision 4.
169.26 (j) A charter school is a district for the purposes of tort
169.27 liability under chapter 466.
169.28 Sec. 18. Minnesota Statutes 2000, section 124D.10,
169.29 subdivision 10, is amended to read:
169.30 Subd. 10. [PUPIL PERFORMANCE.] A charter school must
169.31 design its programs to at least meet the outcomes adopted by the
169.32 commissioner of children, families, and learning for public
169.33 school students. In the absence of the commissioner's
169.34 requirements, the school must meet the outcomes contained in the
169.35 contract with the sponsor. The achievement levels of the
169.36 outcomes contained in the contract may exceed the achievement
170.1 levels of any outcomes adopted by the commissioner for public
170.2 school students.
170.3 Sec. 19. Minnesota Statutes 2000, section 124D.10,
170.4 subdivision 14, is amended to read:
170.5 Subd. 14. [ANNUAL PUBLIC REPORTS.] A charter school must
170.6 report at least annually to its sponsor and the
170.7 commissioner state board for charter schools the information
170.8 required by the sponsor or the commissioner state board. The
170.9 reports are public data under chapter 13.
170.10 Sec. 20. Minnesota Statutes 2000, section 124D.10,
170.11 subdivision 15, is amended to read:
170.12 Subd. 15. [REVIEW AND COMMENT.] The department state board
170.13 for charter schools must review and comment on the evaluation,
170.14 by the sponsor, of the performance of a charter school before
170.15 the charter school's contract is renewed. A sponsor shall
170.16 monitor and evaluate the fiscal and student performance of the
170.17 school, and may for this purpose annually assess the school up
170.18 to $10 per student up to a maximum of $3,500. The information
170.19 for the review and comment shall be reported by the sponsor to
170.20 the commissioner of children, families, and learning state board
170.21 in a timely manner. Periodically, the commissioner state board
170.22 shall report trends or suggestions based on the evaluation of
170.23 charter school contracts to the education committees of the
170.24 state legislature. Annually, the state board shall report to
170.25 the governor and education committees of the legislature on the
170.26 status of the charter schools formed and operated under this
170.27 section.
170.28 Sec. 21. Minnesota Statutes 2000, section 124D.10,
170.29 subdivision 19, is amended to read:
170.30 Subd. 19. [DISSEMINATE INFORMATION.] The sponsor, the
170.31 operators, and the department of children, families, and
170.32 learning state board for charter schools must disseminate
170.33 information to the public on how to form and operate a charter
170.34 school and how to utilize the offerings of a charter school.
170.35 Particular groups to be targeted include low-income families and
170.36 communities, and students of color.
171.1 Sec. 22. Minnesota Statutes 2000, section 124D.10,
171.2 subdivision 23, is amended to read:
171.3 Subd. 23. [CAUSES FOR NONRENEWAL OR TERMINATION OF CHARTER
171.4 SCHOOL CONTRACT.] (a) The duration of the contract with a
171.5 sponsor must be for the term contained in the contract according
171.6 to subdivision 6. The sponsor may or may not renew a contract
171.7 at the end of the term for any ground listed in paragraph (b).
171.8 A sponsor may unilaterally terminate a contract during the term
171.9 of the contract for any ground listed in paragraph (b). At
171.10 least 60 days before not renewing or terminating a contract, the
171.11 sponsor shall notify the board of directors of the charter
171.12 school of the proposed action in writing. The notice shall
171.13 state the grounds for the proposed action in reasonable detail
171.14 and that the charter school's board of directors may request in
171.15 writing an informal hearing before the sponsor within 14 days of
171.16 receiving notice of nonrenewal or termination of the contract.
171.17 Failure by the board of directors to make a written request for
171.18 a hearing within the 14-day period shall be treated as
171.19 acquiescence to the proposed action. Upon receiving a timely
171.20 written request for a hearing, the sponsor shall give reasonable
171.21 notice to the charter school's board of directors of the hearing
171.22 date. The sponsor shall conduct an informal hearing before
171.23 taking final action. The sponsor shall take final action to
171.24 renew or not renew a contract by the last day of classes in the
171.25 school year. If the sponsor is a local board, the school's
171.26 board of directors may appeal the sponsor's decision to
171.27 the commissioner state board for charter schools.
171.28 (b) A contract may be terminated or not renewed upon any of
171.29 the following grounds:
171.30 (1) failure to meet the requirements for pupil performance
171.31 contained in the contract;
171.32 (2) failure to meet generally accepted standards of fiscal
171.33 management;
171.34 (3) violations of law; or
171.35 (4) other good cause shown.
171.36 If a contract is terminated or not renewed, the school must
172.1 be dissolved according to the applicable provisions of chapter
172.2 308A or 317A, except when the commissioner state board for
172.3 charter schools approves the decision of a different eligible
172.4 sponsor to authorize the charter school.
172.5 (c) The commissioner or state board for charter schools,
172.6 after providing reasonable notice to the board of directors of a
172.7 charter school and the existing sponsor, and after providing an
172.8 opportunity for a public hearing, may terminate the existing
172.9 sponsorial relationship if the charter school has a history of:
172.10 (1) financial mismanagement; or
172.11 (2) repeated violations of the law.
172.12 Sec. 23. Minnesota Statutes 2000, section 124D.10,
172.13 subdivision 25, is amended to read:
172.14 Subd. 25. [EXTENT OF SPECIFIC LEGAL AUTHORITY.] (a) The
172.15 board of directors of a charter school may sue and be sued.
172.16 (b) The board may not levy taxes or issue bonds.
172.17 (c) The commissioner state board for charter schools, a
172.18 sponsor, members of the board of a sponsor in their official
172.19 capacity, and employees of a sponsor are immune from civil or
172.20 criminal liability with respect to all activities related to a
172.21 charter school they approve or sponsor. The board of directors
172.22 shall obtain at least the amount of and types of insurance
172.23 required by the contract, according to subdivision 6.
172.24 Sec. 24. [127A.03] [STATE BOARD OF EDUCATION.]
172.25 Subdivision 1. [STATE BOARD ESTABLISHED; APPOINTMENTS;
172.26 MEETINGS; CONFLICT OF INTEREST; ADMINISTRATIVE COSTS.] (a) The
172.27 department of children, families, and learning is maintained
172.28 under the direction of a state board of education composed of
172.29 the following members: ten representative citizens of the
172.30 state, at least one of whom resides in each congressional
172.31 district in the state and two of whom serve as members at-large;
172.32 the chancellor of the Minnesota state colleges and universities
172.33 or a person appointed by the chancellor; and the president of
172.34 the University of Minnesota or a person appointed by the
172.35 president.
172.36 (b) Of the ten representative citizens of the state
173.1 appointed to the state board of education, one member at-large
173.2 is a student who is enrolled full-time in a Minnesota public
173.3 high school at the time of the student's appointment and one
173.4 member at-large previously shall have served as an elected
173.5 member of a board of education of a school district.
173.6 (c) The governor appoints the representative citizen
173.7 members of the state board with the advice and consent of the
173.8 senate. The state board of education annually elects one of its
173.9 members as president, but no member serves as president more
173.10 than three consecutive years.
173.11 (d) The state board of education holds meetings on dates
173.12 and at places it designates.
173.13 (e) No member shall hold any public office, or represent or
173.14 be employed by any board of education or school district, public
173.15 or private, and shall not voluntarily have any personal
173.16 financial interest in any contract with a board of education or
173.17 school district, or be engaged in any capacity where a conflict
173.18 of interest may arise.
173.19 (f) The administrative costs of the state board of
173.20 education must be paid out of department of children, families,
173.21 and learning appropriations.
173.22 Subd. 2. [MEMBERSHIP; COMPENSATION.] The membership terms,
173.23 compensation, removal of members, and filling of vacancies on
173.24 the state board are as provided in section 15.0575.
173.25 Subd. 3. [RESIDENCY REQUIREMENT.] If a member moves out of
173.26 the congressional district from which the member was appointed,
173.27 the member ceases to be a member of the state board. The
173.28 governor appoints a successor within six months thereafter.
173.29 [EFFECTIVE DATE.] This section is effective January 1, 2002.
173.30 Sec. 25. Minnesota Statutes 2000, section 127A.05,
173.31 subdivision 1, is amended to read:
173.32 Subdivision 1. [APPOINTMENT AND DUTIES.] (a) The
173.33 department shall be under the administrative control of the
173.34 commissioner of children, families, and learning which office is
173.35 established. The governor commissioner is the secretary of the
173.36 state board of education. The state board of education shall
174.1 appoint the commissioner under the provisions of section 15.06.
174.2 For purposes of section 15.06, the state board of education is
174.3 the appointing authority.
174.4 (b) The commissioner serves at the pleasure of the board.
174.5 (c) The commissioner shall be a person who possesses
174.6 educational attainment and breadth of experience in the
174.7 administration of public education and of the finances
174.8 pertaining thereto commensurate with the spirit and intent of
174.9 this code. Notwithstanding any other law to the contrary, the
174.10 commissioner may appoint two deputy commissioners who shall
174.11 serve in the unclassified service. The commissioner shall also
174.12 appoint other employees as may be necessary for the organization
174.13 of the department. The commissioner shall perform such duties
174.14 as the law and rules may provide and be held responsible for the
174.15 efficient administration and discipline of the department. The
174.16 commissioner is charged with the execution of powers and duties
174.17 to promote public education in the state and to safeguard the
174.18 finances pertaining thereto.
174.19 [EFFECTIVE DATE.] This section is effective January 1, 2002.
174.20 Sec. 26. Minnesota Statutes 2000, section 214.01,
174.21 subdivision 3, is amended to read:
174.22 Subd. 3. [NON-HEALTH-RELATED LICENSING BOARD.]
174.23 "Non-health-related licensing board" means the board of teaching
174.24 established pursuant to section 122A.07, the board of
174.25 educational administration established pursuant to section
174.26 122A.192, the board of barber examiners established pursuant to
174.27 section 154.22, the board of assessors established pursuant to
174.28 section 270.41, the board of architecture, engineering, land
174.29 surveying, landscape architecture, geoscience, and interior
174.30 design established pursuant to section 326.04, the board of
174.31 accountancy established pursuant to section 326.17, the board of
174.32 electricity established pursuant to section 326.241, the private
174.33 detective and protective agent licensing board established
174.34 pursuant to section 326.33, the board of boxing established
174.35 pursuant to section 341.01, and the peace officer standards and
174.36 training board established pursuant to section 626.841.
175.1 Sec. 27. Minnesota Statutes 2000, section 214.04,
175.2 subdivision 1, is amended to read:
175.3 Subdivision 1. [SERVICES PROVIDED.] The commissioner of
175.4 administration with respect to the board of electricity, the
175.5 commissioner of children, families, and learning with respect to
175.6 the board of teaching and the board of educational
175.7 administration, the commissioner of public safety with respect
175.8 to the board of private detective and protective agent services,
175.9 and the board of peace officer standards and training, and the
175.10 commissioner of revenue with respect to the board of assessors,
175.11 shall provide suitable offices and other space, joint conference
175.12 and hearing facilities, examination rooms, and the following
175.13 administrative support services: purchasing service, accounting
175.14 service, advisory personnel services, consulting services
175.15 relating to evaluation procedures and techniques, data
175.16 processing, duplicating, mailing services, automated printing of
175.17 license renewals, and such other similar services of a
175.18 housekeeping nature as are generally available to other agencies
175.19 of state government. Investigative services shall be provided
175.20 the boards by employees of the office of attorney general. The
175.21 commissioner of health with respect to the health-related
175.22 licensing boards shall provide mailing and office supply
175.23 services and may provide other facilities and services listed in
175.24 this subdivision at a central location upon request of the
175.25 health-related licensing boards. The commissioner of commerce
175.26 with respect to the remaining non-health-related licensing
175.27 boards shall provide the above facilities and services at a
175.28 central location for the remaining non-health-related licensing
175.29 boards. The legal and investigative services for the boards
175.30 shall be provided by employees of the attorney general assigned
175.31 to the departments servicing the boards. Notwithstanding the
175.32 foregoing, the attorney general shall not be precluded by this
175.33 section from assigning other attorneys to service a board if
175.34 necessary in order to insure competent and consistent legal
175.35 representation. Persons providing legal and investigative
175.36 services shall to the extent practicable provide the services on
176.1 a regular basis to the same board or boards.
176.2 Sec. 28. Minnesota Statutes 2000, section 214.04,
176.3 subdivision 3, is amended to read:
176.4 Subd. 3. [OFFICERS; STAFF.] The executive director of each
176.5 health-related board and the executive secretary of each
176.6 non-health-related board shall be the chief administrative
176.7 officer for the board but shall not be a member of the board.
176.8 The executive director or executive secretary shall maintain the
176.9 records of the board, account for all fees received by it,
176.10 supervise and direct employees servicing the board, and perform
176.11 other services as directed by the board. The executive
176.12 directors, executive secretaries, and other employees of the
176.13 following boards shall be hired by the board, and the executive
176.14 directors or executive secretaries shall be in the unclassified
176.15 civil service, except as provided in this subdivision:
176.16 (1) dentistry;
176.17 (2) medical practice;
176.18 (3) nursing;
176.19 (4) pharmacy;
176.20 (5) accountancy;
176.21 (6) architecture, engineering, land surveying, landscape
176.22 architecture, geoscience, and interior design;
176.23 (7) barber examiners;
176.24 (8) cosmetology;
176.25 (9) electricity;
176.26 (10) teaching;
176.27 (11) peace officer standards and training;
176.28 (12) social work;
176.29 (13) marriage and family therapy; and
176.30 (14) dietetics and nutrition practice; and
176.31 (15) educational administration.
176.32 The executive directors or executive secretaries serving
176.33 the boards are hired by those boards and are in the unclassified
176.34 civil service, except for part-time executive directors or
176.35 executive secretaries, who are not required to be in the
176.36 unclassified service. Boards not requiring full-time executive
177.1 directors or executive secretaries may employ them on a
177.2 part-time basis. To the extent practicable, the sharing of
177.3 part-time executive directors or executive secretaries by boards
177.4 being serviced by the same department is encouraged. Persons
177.5 providing services to those boards not listed in this
177.6 subdivision, except executive directors or executive secretaries
177.7 of the boards and employees of the attorney general, are
177.8 classified civil service employees of the department servicing
177.9 the board. To the extent practicable, the commissioner shall
177.10 ensure that staff services are shared by the boards being
177.11 serviced by the department. If necessary, a board may hire
177.12 part-time, temporary employees to administer and grade
177.13 examinations.
177.14 Sec. 29. Minnesota Statutes 2000, section 214.12,
177.15 subdivision 1, is amended to read:
177.16 Subdivision 1. [REQUIREMENTS.] The health-related and
177.17 non-health-related licensing boards may promulgate by rule
177.18 requirements for renewal of licenses designed to promote the
177.19 continuing professional competence of licensees. These
177.20 requirements of continuing professional education or training
177.21 shall be designed solely to improve professional skills and
177.22 shall not exceed an average attendance requirement of 50 clock
177.23 hours per year. All requirements promulgated by the boards
177.24 shall be effective commencing January 1, 1977, or at a later
177.25 date as the board may determine. The 50 clock hour limitation
177.26 shall not apply to the board of teaching and board of
177.27 educational administration.
177.28 Sec. 30. [TRANSFER; DEPARTMENT ASSISTANCE.]
177.29 The powers and duties of the department of children,
177.30 families, and learning with respect to charter schools are
177.31 transferred to the state board for charter schools under
177.32 Minnesota Statutes, section 15.039, subdivisions 1, 2, 3, 4, 5,
177.33 5a, 6, and 8. The department shall provide all necessary
177.34 materials and assistance for the transfer from the department to
177.35 the state board.
177.36 Sec. 31. [TRANSFER OF POWERS AND DUTIES.]
178.1 The powers, duties, and responsibilities of the
178.2 commissioner of children, families, and learning with respect to
178.3 supervisory personnel as defined in Minnesota Statutes, section
178.4 122A.15, subdivision 2, are transferred to the board of
178.5 educational administration under Minnesota Statutes, section
178.6 15.039.
178.7 Sec. 32. [INITIAL STATE BOARD OF EDUCATION APPOINTMENTS.]
178.8 Initial appointments to the state board of education under
178.9 Minnesota Statutes, section 122A.162, are as follows:
178.10 (1) four members, at least one of whom resides in each of
178.11 four congressional districts and one member at-large serve a
178.12 two-year term; and
178.13 (2) four members, at least one of whom resides in each of
178.14 the remaining four congressional districts not represented under
178.15 clause (1) and one member at-large serve a four-year term.
178.16 The membership terms, compensation, removal of members, and
178.17 filling of vacancies on the state board otherwise are as
178.18 provided in Minnesota Statutes, section 15.0575.
178.19 [EFFECTIVE DATE.] This section is effective the day
178.20 following final enactment.
178.21 Sec. 33. [FEE INCREASE APPROVAL; MODIFICATION.]
178.22 The fee for licenses issued by the board of educational
178.23 administration is approved at $75.
178.24 Sec. 34. [DEPARTMENT OF CHILDREN, FAMILIES, AND LEARNING;
178.25 SCHOOL MEDIA STAFF PERSON.]
178.26 The commissioner of children, families, and learning shall
178.27 designate a staff person as a resource person for providing
178.28 state-level leadership for school media programs. The
178.29 commissioner shall pay all costs for that staff person out of
178.30 existing department appropriations.
178.31 Sec. 35. [SCHOOL MEDIA CENTER STUDY.]
178.32 The commissioner shall use existing funds to conduct a
178.33 study of school media centers. The study must:
178.34 (1) make available comprehensive data about school media
178.35 center staffing, facilities, collections, and technology;
178.36 (2) identify elements of school media programs that
179.1 contribute to students' educational achievement; and
179.2 (3) recommend best practices for school media programs.
179.3 The commissioner, by January 15, 2003, must provide copies
179.4 of the study to the chairs of the legislature's committees
179.5 charged with oversight of kindergarten through grade 12
179.6 education policy.
179.7 [EFFECTIVE DATE.] This section is effective the day
179.8 following final enactment.
179.9 Sec. 36. [RETURN OF FUNDS TO PEW CHARITABLE TRUSTS.]
179.10 The commissioner of children, families, and learning must
179.11 return $113,423 of unspent funds received from the Pew
179.12 Charitable Trusts through the Trusts' agreement with the Amherst
179.13 H. Wilder Foundation that provided grants to the state of
179.14 Minnesota and certain local units of government in the state for
179.15 the period from June 9, 1994, through June 30, 1997, and the
179.16 subsequent agreement between Pew Charitable Trusts and the state
179.17 to extend the original grant period through June 30, 1998. The
179.18 commissioner of finance shall determine the time and manner in
179.19 which the department of children, families, and learning shall
179.20 return the $113,423 of unspent funds, plus interest as set by
179.21 the commissioner of finance, to the Pew Charitable Trusts. The
179.22 department of children, families, and learning must pay this
179.23 money from its existing budget. Money may not be appropriated
179.24 specifically for the purposes of this section.
179.25 Sec. 37. [APPROPRIATIONS; DEPARTMENT OF CHILDREN,
179.26 FAMILIES, AND LEARNING.]
179.27 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
179.28 LEARNING.] Unless otherwise indicated, the sums indicated in
179.29 this section are appropriated from the general fund to the
179.30 department of children, families, and learning for the fiscal
179.31 years designated.
179.32 Subd. 2. [DEPARTMENT.] (a) For the department of children,
179.33 families, and learning:
179.34 $28,464,000 ..... 2002
179.35 $30,164,000 ..... 2003
179.36 Any balance in the first year does not cancel but is
180.1 available in the second year.
180.2 (b) $684,000 in 2002 and $690,000 in 2003 is for the board
180.3 of teaching.
180.4 (c) $200,000 each year is for the board of educational
180.5 administration.
180.6 (d) $200,000 each year is for the state board for charter
180.7 schools.
180.8 (e) $100,000 in fiscal year 2002 and $200,000 in fiscal
180.9 year 2003 are for the state board of education.
180.10 (f) $400,000 in fiscal year 2002 and $400,000 in fiscal
180.11 year 2003 are for the office of educational accountability under
180.12 Minnesota Statutes, section 120B.31, subdivision 3.
180.13 (g) The expenditures of federal grants and aids as shown in
180.14 the biennial budget document and its supplements are approved
180.15 and appropriated and shall be spent as indicated.
180.16 (h) In preparing the department budget for fiscal years
180.17 2004-2005, the department shall shift all administrative funding
180.18 from aids appropriations into the appropriation for the
180.19 department.
180.20 Sec. 38. [APPROPRIATIONS; PERPICH CENTER FOR ARTS
180.21 EDUCATION.]
180.22 The sums indicated in this section are appropriated from
180.23 the general fund to the Perpich center for arts education for
180.24 the fiscal years designated:
180.25 $7,531,000 ..... 2002
180.26 $7,666,000 ..... 2003
180.27 Any balance in the first year does not cancel but is
180.28 available in the second year.
180.29 Sec. 39. [APPROPRIATIONS; MINNESOTA STATE ACADEMIES.]
180.30 The sums indicated in this section are appropriated from
180.31 the general fund to the Minnesota state academies for the deaf
180.32 and the blind for the fiscal years designated:
180.33 $10,761,000 ..... 2002
180.34 $10,966,000 ..... 2003
180.35 Any balance in the first year does not cancel but is
180.36 available in the second year.
181.1 Sec. 40. [REVISOR INSTRUCTION; STATE BOARD OF EDUCATIONAL
181.2 ADMINISTRATION.]
181.3 In the next and subsequent editions of Minnesota Statutes,
181.4 the revisor of statutes shall substitute the term "board of
181.5 educational administration" for the term "commissioner" or
181.6 "commissioner of children, families, and learning" in the
181.7 following sections of Minnesota Statutes: 122A.18, subdivisions
181.8 3, 6, and 8; 122A.20, subdivision 1; 122A.23, subdivision 1;
181.9 122A.27, subdivisions 1, 4, and 5; 123A.21; 123B.03, subdivision
181.10 1; and 125A.67, subdivision 2.
181.11 Sec. 41. [REVISOR'S INSTRUCTION; STATE BOARD OF
181.12 EDUCATION.]
181.13 Except as provided in Minnesota Statutes, section 124D.10,
181.14 establishing a state board for charter schools, and the section
181.15 transferring powers, duties, and responsibilities for
181.16 supervisory personnel to the board of educational
181.17 administration, in the next and subsequent editions of Minnesota
181.18 Statutes and Minnesota Rules, all references changed from the
181.19 state board of education to the commissioner of children,
181.20 families, and learning and all authority transferred from the
181.21 state board of education to the commissioner of children,
181.22 families, and learning under Laws 1998, chapter 398, and Laws
181.23 1999, chapter 241, shall be changed back to the state board of
181.24 education. Among other things, and as an illustration only,
181.25 these changes shall affect the authority to exercise general
181.26 supervision over educational agencies and adopt or amend
181.27 administrative rules. In addition, and consistent with the
181.28 provisions of this article, the revisor of statutes, in
181.29 consultation with house and senate counsel, shall make other
181.30 necessary changes affecting the powers and duties of the state
181.31 board of education, consistent with the law as it appeared in
181.32 Minnesota Statutes 1996 and Minnesota Statutes 1997 Supplement,
181.33 and in Minnesota Rules 1997 and supplements. The revisor shall
181.34 prepare a report to the 2002 legislature showing where these
181.35 changes were made. The changes identified by the revisor shall
181.36 be effective January 1, 2002.
182.1 [EFFECTIVE DATE.] This section is effective the day
182.2 following final enactment.
182.3 ARTICLE 7
182.4 DEFICIENCIES
182.5 Section 1. [APPROPRIATIONS; DEFICIENCIES.]
182.6 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND
182.7 LEARNING.] Unless otherwise indicated, the sums indicated in
182.8 this section are appropriated from the general fund to the
182.9 department of children, families, and learning for the fiscal
182.10 years designated for the funding of programs subject to
182.11 state-aid deficiencies in fiscal year 2001. These
182.12 appropriations are in addition to any other appropriations for
182.13 those purposes.
182.14 Subd. 2. [GENERAL EDUCATION AID.] For general education
182.15 aid:
182.16 $19,754,000 ..... 2001
182.17 Subd. 3. [SECONDARY VOCATIONAL AID.] For secondary
182.18 vocational aid:
182.19 $ 6,000 ..... 2001
182.20 Subd. 4. [SPECIAL EDUCATION EXCESS COST AID.] For special
182.21 education excess cost aid:
182.22 $6,740,000 ..... 2001
182.23 Subd. 5. [HEALTH AND SAFETY AID.] For health and safety
182.24 aid:
182.25 $ 273,000 ..... 2001
182.26 Subd. 6. [INTERACTIVE TELEVISION AID.] For interactive
182.27 television aid:
182.28 $ 6,000 ..... 2001
182.29 Subd. 7. [ALTERNATIVE FACILITIES BONDING AID.] For
182.30 alternative facilities bonding aid:
182.31 $ 68,000 ..... 2001
182.32 ARTICLE 8
182.33 LOCAL ACHIEVEMENT TESTING
182.34 Section 1. Minnesota Statutes 2000, section 120B.02, is
182.35 amended to read:
182.36 120B.02 [RESULTS-ORIENTED GRADUATION RULE; BASIC SKILLS
183.1 REQUIREMENTS; PROFILE OF LEARNING.]
183.2 (a) The legislature is committed to establishing a
183.3 rigorous, results-oriented graduation rule for Minnesota's
183.4 public school students. To that end, the commissioner shall use
183.5 its rulemaking authority under section 127A.05, subdivision 4,
183.6 to adopt a statewide, results-oriented graduation rule to be
183.7 implemented starting with students beginning ninth grade in the
183.8 1996-1997 school year. The commissioner shall not prescribe in
183.9 rule or otherwise the delivery system or form of instruction
183.10 that independent school sites districts must use to meet the
183.11 requirements contained in this rule. For purposes of this
183.12 chapter, a school site is a separate facility, or a separate
183.13 program within a facility that a local school board recognizes
183.14 as a school site.
183.15 (b) To successfully accomplish paragraph (a), the
183.16 commissioner shall set in rule high academic standards for all
183.17 students. The standards must contain the foundational basic
183.18 skills requirements in the three core curricular areas of
183.19 reading, writing, and mathematics while meeting requirements are
183.20 established by Minnesota Rules, parts 3501.0010 to 3501.0180 and
183.21 3501.0200 to 3501.0290, and must be completed for public high
183.22 school graduation. The standards graduation rule must also
183.23 provide an opportunity for students to excel by meeting higher
183.24 academic standards through a profile of learning that uses
183.25 curricular requirements to allow students to expand their local
183.26 academic achievement testing under section 120B.35 that measures
183.27 knowledge and skills beyond the foundational skills. All
183.28 commissioner actions regarding the graduation rule must be
183.29 premised on the following:
183.30 (1) the rule is intended to raise academic expectations for
183.31 students, teachers, and schools;
183.32 (2) any state action regarding the rule must evidence
183.33 consideration of school district autonomy; and
183.34 (3) the department of children, families, and learning,
183.35 with the assistance of school districts, must make available
183.36 information about all state initiatives related to the rule to
184.1 students and parents, teachers, and the general public in a
184.2 timely format that is appropriate, comprehensive, and readily
184.3 understandable.
184.4 (c) For purposes of adopting the rule, the commissioner, in
184.5 consultation with the department, recognized psychometric
184.6 experts in assessment, and other interested and knowledgeable
184.7 educators, using the most current version of professional
184.8 standards for educational testing, shall evaluate the
184.9 alternative approaches to assessment.
184.10 (d) The content of the graduation rule must differentiate
184.11 between minimum competencies reflected in the basic requirements
184.12 assessment and rigorous profile of learning standards. When
184.13 fully implemented, the requirements for high school graduation
184.14 in Minnesota must include both basic requirements and the
184.15 required profile of learning. The profile of learning must
184.16 measure student performance using performance-based assessments
184.17 compiled over time that integrate higher academic standards,
184.18 higher order thinking skills, and application of knowledge from
184.19 a variety of content areas. The profile of learning shall
184.20 include a broad range of academic experience and accomplishment
184.21 necessary to achieve the goal of preparing students to function
184.22 effectively as purposeful thinkers, effective communicators,
184.23 self-directed learners, productive group participants, and
184.24 responsible citizens.
184.25 (e) The profile of learning contains the following learning
184.26 areas:
184.27 (1) read, listen, and view;
184.28 (2) write and speak;
184.29 (3) arts and literature;
184.30 (4) mathematical concepts and applications;
184.31 (5) inquiry and research;
184.32 (6) scientific concepts and applications;
184.33 (7) social studies;
184.34 (8) physical education and lifetime fitness;
184.35 (9) economics and business;
184.36 (10) world languages; and
185.1 (11) technical and vocational education.
185.2 (f) The commissioner shall periodically review and report
185.3 on the assessment process and student achievement with the
185.4 expectation of raising the standards and expanding high school
185.5 graduation requirements.
185.6 (g) Beginning August 31, 2000, the commissioner must
185.7 publish, including in electronic format for the Internet, a
185.8 report, by school site, area learning center, and charter
185.9 school, of:
185.10 (1) the required preparatory content standards;
185.11 (2) the high school content standards required for
185.12 graduation; and
185.13 (3) the number of student waivers the district, area
185.14 learning center, or charter school approves under section
185.15 120B.031, subdivisions 4, 5, and 6, based on information each
185.16 district, area learning center, and charter school provides.
185.17 (h) School districts must integrate required and elective
185.18 content standards in the scope and sequence of the district
185.19 curriculum.
185.20 (i) School districts are not required to adopt, and
185.21 students are not required to participate in, specific provisions
185.22 of the Goals 2000 and the, federal School-to-Work programs, the
185.23 National Assessment of Educational Progress, and Title I of the
185.24 Elementary and Secondary Education Act.
185.25 Sec. 2. Minnesota Statutes 2000, section 120B.30,
185.26 subdivision 1, is amended to read:
185.27 Subdivision 1. [STATEWIDE TESTING.] (a) The commissioner,
185.28 with advice from experts with appropriate technical
185.29 qualifications and experience and stakeholders, shall include in
185.30 the comprehensive assessment system, for each grade level to be
185.31 tested, a test, which shall be aligned with the state's
185.32 graduation standards and administered annually to all students
185.33 in the third, fifth, and eighth grades. The commissioner shall
185.34 establish one or more months during which schools shall
185.35 administer the basic skills tests to students each school year.
185.36 Only Minnesota basic skills tests in reading, mathematics, and
186.1 writing shall fulfill students' basic skills testing
186.2 requirements for a passing state notation. The passing scores
186.3 of the state tests in reading and mathematics are the equivalent
186.4 of:
186.5 (1) 70 percent correct for students entering grade 9 in
186.6 1996; and
186.7 (2) 75 percent correct for students entering grade 9 in
186.8 1997 and thereafter, as based on the first uniform test
186.9 administration of February 1998.
186.10 Notwithstanding Minnesota Rules, part 3501.0050, subpart 2,
186.11 at the written request of a parent or guardian, and with the
186.12 recommendation of the student's teacher, a district may offer
186.13 the test of basic requirements in reading, math, or writing to
186.14 an individual student beginning in grade 5. The student must
186.15 take the same test on the same date as administered to students
186.16 in eighth grade or higher. Third and fifth grade test results
186.17 shall be available to districts for diagnostic purposes
186.18 affecting student learning and district instruction and
186.19 curriculum, and for establishing educational accountability.
186.20 The commissioner must disseminate to the public the third and
186.21 fifth grade test results upon receiving those results.
186.22 (b) In addition, at the secondary level, districts shall
186.23 assess student performance in all required learning areas and
186.24 selected required standards within each area of the profile of
186.25 learning. The testing instruments and testing process shall be
186.26 determined by the commissioner. The results shall be aggregated
186.27 at the site and district level. The testing shall be
186.28 administered beginning in the 1999-2000 school year and
186.29 thereafter. A statewide test under this section shall:
186.30 (1) use a multiple choice format with only one factually
186.31 correct answer, except for writing, which may include an essay
186.32 requirement;
186.33 (2) test academic, objective knowledge, and not personal
186.34 characteristics, values, attitudes, or conscientiously held
186.35 beliefs of students; and
186.36 (3) be made available in its entirety, including questions,
187.1 answer key, and aggregate results, to the public, and the
187.2 aggregated results shall be reported to the department and the
187.3 office of educational accountability within 60 days of its
187.4 administration. Upon request, a parent of a student who
187.5 participated in the testing program shall receive a copy of each
187.6 test in its entirety and the results for the child.
187.7 (c) The commissioner shall report aggregate school site and
187.8 school district student academic basic skills achievement levels
187.9 of the current and two immediately preceding school years. The
187.10 report shall include students' unweighted mean test scores in
187.11 each tested subject, the unweighted mean test scores of only
187.12 those students enrolled in the school by January 1 of the
187.13 previous school year, and the unweighted test scores of all
187.14 students except those students receiving limited English
187.15 proficiency instruction. The report also shall record
187.16 separately, in proximity to the reported performance levels, the
187.17 percentages of students who are eligible to receive a free or
187.18 reduced price school meal, demonstrate limited English
187.19 proficiency, or are eligible to receive special education
187.20 services.
187.21 (d) In addition to the testing and reporting requirements
187.22 under paragraphs (a), (b), and (c), the commissioner shall
187.23 include the following components in the statewide public
187.24 reporting system:
187.25 (1) uniform statewide testing of all third, fifth, eighth,
187.26 and post-eighth grade students that provides exemptions, only
187.27 with parent or guardian approval, for those very few students
187.28 for whom the student's individual education plan team under
187.29 sections 125A.05 and 125A.06, determines that the student is
187.30 incapable of taking a statewide test, or for a limited English
187.31 proficiency student under section 124D.59, subdivision 2, if the
187.32 student has been in the United States for fewer than 12 months
187.33 and for whom special language barriers exist, such as the
187.34 student's native language does not have a written form or the
187.35 district does not have access to appropriate interpreter
187.36 services for the student's native language;
188.1 (2) educational indicators that can be aggregated and
188.2 compared across school districts and across time on a statewide
188.3 basis, including average daily attendance, high school
188.4 graduation rates, and high school drop-out rates by age and
188.5 grade level; and
188.6 (3) (2) students' scores on the American College Test; and
188.7 (4) participation in the National Assessment of Educational
188.8 Progress so that the state can benchmark its performance against
188.9 the nation and other states, and, where possible, against other
188.10 countries, and contribute to the national effort to monitor
188.11 achievement.
188.12 (e) Districts must report exemptions under paragraph (d),
188.13 clause (1), to the commissioner consistent with a format
188.14 provided by the commissioner, the Preliminary Scholastic
188.15 Aptitude Test, and the Scholastic Aptitude Test.
188.16 Sec. 3. Minnesota Statutes 2000, section 120B.31,
188.17 subdivision 3, is amended to read:
188.18 Subd. 3. [EDUCATIONAL ACCOUNTABILITY.] (a) The independent
188.19 office of educational accountability, as authorized by Laws
188.20 1997, First Special Session chapter 4, article 5, section 28,
188.21 subdivision 2, is established. The office shall advise the
188.22 education committees of the legislature and the commissioner of
188.23 children, families, and learning, at least on a biennial basis,
188.24 on the degree to which the statewide educational
188.25 accountability testing and reporting system includes a
188.26 comprehensive assessment framework that measures school
188.27 accountability for students achieving the goals described in the
188.28 state's results-oriented graduation rule. The office shall
188.29 consider whether the statewide system of educational
188.30 accountability utilizes multiple indicators to provide valid and
188.31 reliable comparative and contextual data on students, schools,
188.32 districts, and the state, and if not, recommend ways to improve
188.33 the accountability reporting system reflect student academic
188.34 achievement.
188.35 (b) When the office reviews the statewide educational
188.36 accountability and reporting system, it shall also consider:
189.1 (1) the objectivity and neutrality of the state's
189.2 educational accountability system; and
189.3 (2) the impact of a testing program on school curriculum
189.4 and student learning.
189.5 Sec. 4. Minnesota Statutes 2000, section 120B.35, is
189.6 amended to read:
189.7 120B.35 [STUDENT ACADEMIC ACHIEVEMENT LEVELS.]
189.8 Subdivision 1. [LOCAL TESTING.] (a) Each school year, a
189.9 school district must administer a uniform testing program to
189.10 determine if the student academic achievement levels at each
189.11 school site in the third, fifth, and tenth grades meet state and
189.12 local expectations. A school district should annually
189.13 administer a national norm referenced test to students in grades
189.14 4, 6, 7, 8 and 9 to the extent district funds are available for
189.15 this purpose. If student achievement levels at a school site do
189.16 not meet state and local expectations for two out of three
189.17 consecutive school years, beginning with the 2000-2001 school
189.18 year, the district must work with the school site to adopt a
189.19 plan to raise student achievement levels to meet state and local
189.20 expectations. The legislature will determine state expectations
189.21 after receiving a recommendation from the commissioner of
189.22 children, families, and learning.
189.23 (b) The testing program shall measure knowledge in the
189.24 following subject areas:
189.25 (1) for third grade, at least mathematics and language
189.26 arts, which shall include reading, writing, grammar, vocabulary,
189.27 and spelling; and
189.28 (2) for fifth and tenth grades:
189.29 (i) mathematics;
189.30 (ii) language arts, which shall include reading, writing,
189.31 grammar, vocabulary, and spelling;
189.32 (iii) science;
189.33 (iv) history, which shall include an emphasis on the United
189.34 States and Minnesota; and
189.35 (v) geography.
189.36 (c) The testing program shall be selected by the school
190.1 district and may include nationally normed tests, the placement
190.2 tests or their equivalents used by Minnesota post-secondary
190.3 institutions, locally developed tests, or other valid tests.
190.4 Each test shall be:
190.5 (1) in multiple choice question format with only one
190.6 factually correct answer for each question, except for language
190.7 arts, which may include an essay requirement;
190.8 (2) academic, objective, and not pertain to the personal
190.9 characteristics, values, attitudes, or conscientiously held
190.10 beliefs of students;
190.11 (3) secure, confidential, timed, and not permit the use of
190.12 any outside aid or reference, except that calculators may be
190.13 permitted at the secondary level and special accommodations may
190.14 be permitted under state or federal law for students with an
190.15 individualized education plan;
190.16 (4) comprehensive enough to include questions that would
190.17 identify students of academic excellence; and
190.18 (5) made available in its entirety, including questions,
190.19 answer key, and aggregate results, to the public, and be
190.20 reported to the department and the office of educational
190.21 accountability, within 60 days of its administration. Upon
190.22 request, a parent of a student who participated in the testing
190.23 program shall receive a copy of each test in its entirety and
190.24 the results for the child.
190.25 Subd. 2. [ASSISTANCE.] The department, at a district's
190.26 request, must assist the district and the school site in
190.27 developing a plan to improve student achievement. The plan When
190.28 developing the plan, a district must include consider parental
190.29 involvement components recommendations.
190.30 Sec. 5. [INSTRUCTION TO THE REVISOR.]
190.31 The revisor of statutes shall change the headnote names of
190.32 Minnesota Statutes, section 120B.30 from "STATEWIDE TESTING AND
190.33 REPORTING SYSTEM" to "STATEWIDE BASIC SKILLS TESTING AND
190.34 REPORTING" and Minnesota Statutes, section 120B.31 from "SYSTEM
190.35 ACCOUNTABILITY AND STATISTICAL ADJUSTMENTS" to "OFFICE OF
190.36 EDUCATIONAL ACCOUNTABILITY."
191.1 Sec. 6. [REPEALER.]
191.2 (a) Minnesota Statutes 2000, sections 120B.031; and
191.3 120B.31, subdivisions 1, 2, and 4, are repealed.
191.4 (b) Minnesota Rules, parts 3501.0300; 3501.0310; 3501.0320;
191.5 3501.0330; 3501.0340; 3501.0350; 3501.0370; 3501.0380;
191.6 3501.0390; 3501.0400; 3501.0410; 3501.0420; 3501.0430;
191.7 3501.0440; 3501.0441; 3501.0442; 3501.0443; 3501.0444;
191.8 3501.0445; 3501.0446; 3501.0447; 3501.0448; 3501.0449;
191.9 3501.0450; 3501.0460; 3501.0461; 3501.0462; 3501.0463;
191.10 3501.0464; 3501.0465; 3501.0466; 3501.0467; 3501.0468; and
191.11 3501.0469, are repealed.
191.12 ARTICLE 9
191.13 TECHNICAL AMENDMENTS
191.14 Section 1. Minnesota Statutes 2000, section 122A.26,
191.15 subdivision 3, is amended to read:
191.16 Subd. 3. [ENGLISH AS A SECOND LANGUAGE.] Notwithstanding
191.17 subdivision 2, a person who possesses a bachelor's or master's
191.18 degree in English as a second language, applied linguistics, or
191.19 bilingual education, or who possesses a related degree as
191.20 approved by the commissioner, shall be permitted to teach
191.21 English as a second language in an adult basic education program
191.22 that receives funding under section 124D.53 124D.531.
191.23 Sec. 2. Minnesota Statutes 2000, section 124D.11,
191.24 subdivision 5, is amended to read:
191.25 Subd. 5. [SPECIAL EDUCATION AID.] Except as provided in
191.26 subdivision 2, special education aid must be paid to a charter
191.27 school according to section 125A.76, as though it were a school
191.28 district. The charter school may charge tuition to the district
191.29 of residence as provided in section 125A.11. The charter school
191.30 shall allocate its special education levy equalization revenue
191.31 to the resident districts of the pupils attending the charter
191.32 school. The districts of residence shall levy as though they
191.33 were participating in a cooperative, as provided in section
191.34 125A.77, subdivision 3.
191.35 Sec. 3. Minnesota Statutes 2000, section 124D.454,
191.36 subdivision 11, is amended to read:
192.1 Subd. 11. [REVENUE ALLOCATION FROM COOPERATIVE CENTERS AND
192.2 INTERMEDIATE DISTRICTS.] For purposes of this section and
192.3 section 125A.77, a cooperative center or an intermediate
192.4 district must allocate its approved expenditures for transition
192.5 programs for children with a disability among participating
192.6 school districts. Aid for transition programs for children with
192.7 a disability for services provided by a cooperative or
192.8 intermediate district shall be paid to the participating
192.9 districts.
192.10 Sec. 4. Minnesota Statutes 2000, section 125A.17, is
192.11 amended to read:
192.12 125A.17 [LEGAL RESIDENCE OF A CHILD WITH A DISABILITY
192.13 PLACED IN A FOSTER FACILITY.]
192.14 The legal residence of a child with a disability placed in
192.15 a foster facility for care and treatment is the district in
192.16 which the child resides when:
192.17 (1) parental rights have been terminated by court order;
192.18 (2) the parent or guardian is not living within the state;
192.19 (3) no other district residence can be established; or
192.20 (4) the parent or guardian having legal custody of the
192.21 child is an inmate of a Minnesota correctional facility or is a
192.22 resident of a halfway house under the supervision of the
192.23 commissioner of corrections;
192.24 is the district in which the child resides. The school board of
192.25 the district of residence must provide the same educational
192.26 program for the child as it provides for all resident children
192.27 with a disability in the district.
192.28 Sec. 5. Minnesota Statutes 2000, section 127A.41,
192.29 subdivision 8, is amended to read:
192.30 Subd. 8. [APPROPRIATION TRANSFERS.] If a direct
192.31 appropriation from the general fund to the department for any
192.32 education aid or grant authorized in this chapter and chapters
192.33 122A, 123A, 123B, 124D, 126C, and 134, excluding appropriations
192.34 under sections 124D.135, 124D.16, 124D.20, 124D.21, 124D.22,
192.35 124D.52, 124D.53 124D.531, 124D.54, 124D.55, and 124D.56,
192.36 exceeds the amount required, the commissioner may transfer the
193.1 excess to any education aid or grant appropriation that is
193.2 insufficient. However, section 126C.20 applies to a deficiency
193.3 in the direct appropriation for general education aid. Excess
193.4 appropriations must be allocated proportionately among aids or
193.5 grants that have insufficient appropriations. The commissioner
193.6 of finance shall make the necessary transfers among
193.7 appropriations according to the determinations of the
193.8 commissioner. If the amount of the direct appropriation for the
193.9 aid or grant plus the amount transferred according to this
193.10 subdivision is insufficient, the commissioner shall prorate the
193.11 available amount among eligible districts. The state is not
193.12 obligated for any additional amounts.
193.13 Sec. 6. Minnesota Statutes 2000, section 127A.41,
193.14 subdivision 9, is amended to read:
193.15 Subd. 9. [APPROPRIATION TRANSFERS FOR COMMUNITY EDUCATION
193.16 PROGRAMS.] If a direct appropriation from the general fund to
193.17 the department of children, families, and learning for an
193.18 education aid or grant authorized under section 124D.135,
193.19 124D.16, 124D.20, 124D.21, 124D.22, 124D.52, 124D.53 124D.531,
193.20 124D.54, 124D.55, or 124D.56 exceeds the amount required, the
193.21 commissioner of children, families, and learning may transfer
193.22 the excess to any education aid or grant appropriation that is
193.23 insufficiently funded under these sections. Excess
193.24 appropriations shall be allocated proportionately among aids or
193.25 grants that have insufficient appropriations. The commissioner
193.26 of finance shall make the necessary transfers among
193.27 appropriations according to the determinations of the
193.28 commissioner of children, families, and learning. If the amount
193.29 of the direct appropriation for the aid or grant plus the amount
193.30 transferred according to this subdivision is insufficient, the
193.31 commissioner shall prorate the available amount among eligible
193.32 districts. The state is not obligated for any additional
193.33 amounts.
193.34 Sec. 7. [REPEALER.]
193.35 Laws 2000, chapter 254, section 30; and Laws 2000, chapter
193.36 489, article 1, section 18, are repealed.