Minnesota Legislature
HF 515
as introduced - 87th Legislature (2011 - 2012) Posted on 02/14/2011 11:13am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/14/2011 |
Current Version - as introduced
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12.1
A bill for an act
relating to education; reducing certain mandates; amending Minnesota Statutes
2010, sections 122A.414, subdivisions 1a, 4; 122A.60, subdivisions 1, 1a, 4;
123B.02, subdivision 15; 126C.13, subdivision 5; 126C.44; 134.195, subdivision
8; 134.201, subdivisions 1, 5; 134.32, subdivision 3; 134.341; 134.355,
subdivisions 2, 8; 171.02, subdivision 2b; 171.321, subdivision 4; repealing
Minnesota Statutes 2010, sections 122A.61; 123B.05; 126C.12; 134.34,
subdivisions 1, 3, 4, 7; Minnesota Rules, part 3525.2340.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 122A.414, subdivision 1a, is amended to
read:
Subd. 1a.
Transitional planning year.
(a) To be eligible to participate in an
alternative teacher professional pay system, a school district, intermediate school district,
or site, at least one school year before it expects to fully implement an alternative pay
system, must:
(1) submit to the department a letter of intent executed by the school district or
intermediate school district and the exclusive representative of the teachers to complete a
plan preparing for full implementation, consistent with subdivision 2, that may include,
among other activities, training to evaluate teacher performance, a restructured school
day to develop integrated ongoing site-based professional development activities, release
time to develop an alternative pay system agreement, and teacher and staff training on
using multiple data sources; and
(2) agree to use up to two percent of basic revenue for staff development purposes,
consistent with deleted text begin sectionsdeleted text end new text begin sectionnew text end 122A.60 deleted text begin and 122A.61deleted text end , to develop the alternative teacher
professional pay system agreement under this section.
(b) To be eligible to participate in an alternative teacher professional pay system, a
charter school, at least one school year before it expects to fully implement an alternative
pay system, must:
(1) submit to the department a letter of intent executed by the charter school and the
charter school board of directors;
(2) submit the record of a formal vote by the teachers employed at the charter
school indicating at least 70 percent of all teachers agree to implement the alternative
pay system; and
(3) agree to use up to two percent of basic revenue for staff development purposes,
consistent with deleted text begin sectionsdeleted text end new text begin sectionnew text end 122A.60 deleted text begin and 122A.61deleted text end , to develop the alternative teacher
professional pay system.
(c) The commissioner may waive the planning year if the commissioner determines,
based on the criteria under subdivision 2, that the school district, intermediate school
district, site or charter school is ready to fully implement an alternative pay system.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2011.
new text end
Sec. 2.
Minnesota Statutes 2010, section 122A.414, subdivision 4, is amended to read:
Subd. 4.
Planning and staff development.
A school district that qualifies to
participate in the alternative teacher professional pay system transitional planning year
under subdivision 1a may use up to two percent ofnew text begin its general educationnew text end basic revenue
deleted text begin that would otherwise be reserved under section 122A.61deleted text end for complying with the planning
and staff development activities under this section.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2011.
new text end
Sec. 3.
Minnesota Statutes 2010, section 122A.60, subdivision 1, is amended to read:
Subdivision 1.
Staff development committee.
A school board deleted text begin must use the revenue
authorized in section 122A.61 for in-service education for programs under section
120B.22, subdivision 2, or for staff development plansdeleted text end new text begin may implement a staff development
plannew text end under this section. new text begin If a school board implements a plan under this section, new text end the board
must establish an advisory staff development committee to develop the plan, assist site
professional development teams in developing a site plan consistent with the goals of the
plan, and evaluate staff development efforts at the site level. A majority of the advisory
committee and the site professional development team must be teachers representing
various grade levels, subject areas, and special education. The advisory committee must
also include nonteaching staff, parents, and administrators.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2011.
new text end
Sec. 4.
Minnesota Statutes 2010, section 122A.60, subdivision 1a, is amended to read:
Subd. 1a.
Effective staff development activities.
deleted text begin (a)deleted text end Staff development activitiesnew text begin
implemented under this sectionnew text end must:
(1) focus on the school classroom and research-based strategies that improve student
learning;
(2) provide opportunities for teachers to practice and improve their instructional
skills over time;
(3) provide opportunities for teachers to use student data as part of their daily work
to increase student achievement;
(4) enhance teacher content knowledge and instructional skills;
(5) align with state and local academic standards;
(6) provide opportunities to build professional relationships, foster collaboration
among principals and staff who provide instruction, and provide opportunities for
teacher-to-teacher mentoring; and
(7) align with the plan of the district or site for an alternative teacher professional
pay system.
Staff development activities may include curriculum development and curriculum training
programs, and activities that provide teachers and other members of site-based teams
training to enhance team performance. The school district also may implement other
staff development activities required by law and activities associated with professional
teacher compensation models.
deleted text begin
(b) Release time provided for teachers to supervise students on field trips and school
activities, or independent tasks not associated with enhancing the teacher's knowledge
and instructional skills, such as preparing report cards, calculating grades, or organizing
classroom materials, may not be counted as staff development time that is financed with
staff development reserved revenue under section 122A.61.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2011.
new text end
Sec. 5.
Minnesota Statutes 2010, section 122A.60, subdivision 4, is amended to read:
Subd. 4.
Staff development report.
(a) By October 15 of each year, deleted text begin thedeleted text end new text begin anew text end district
deleted text begin anddeleted text end new text begin implementing a staff development plan under this section, in conjunction with its
new text end site staff development committeesnew text begin ,new text end shall write and submit a report of staff development
activities and expenditures for the previous year, in the form and manner determined by
the commissioner. The report, signed by the district superintendent and staff development
chair, must include assessment and evaluation data indicating progress toward district and
site staff development goals based on teaching and learning outcomes, including the
percentage of teachers and other staff involved in instruction who participate in effective
staff development activities under subdivision 3.
(b) The report must break down expenditures for:
(1) curriculum development and curriculum training programs; and
(2) staff development training models, workshops, and conferences, and the cost of
releasing teachers or providing substitute teachers for staff development purposes.
The report also must indicate whether the expenditures were incurred at the district
level or the school site level, and whether the school site expenditures were made possible
by grants to school sites that demonstrate exemplary use of allocated staff development
revenue. These expenditures must be reported using the uniform financial and accounting
and reporting standards.
(c) The commissioner shall report the staff development progress and expenditure
data to the house of representatives and senate committees having jurisdiction over
education by February 15 each year.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2011.
new text end
Sec. 6.
Minnesota Statutes 2010, section 123B.02, subdivision 15, is amended to read:
Subd. 15.
Annuity contract; payroll allocation.
deleted text begin (a)deleted text end At the request of an employee
and as part of the employee's compensation arrangement, the board may purchase an
individual annuity contract for an employee for retirement or other purposes and may
make payroll allocations in accordance with such arrangement for the purpose of paying
the entire premium due and to become due under such contract. The allocation must be
made in a manner which will qualify the annuity premiums, or a portion thereof, for the
benefit afforded under section 403(b) of the current Federal Internal Revenue Code or any
equivalent provision of subsequent federal income tax law. The employee shall own such
contract and the employee's rights under the contract shall be nonforfeitable except for
failure to pay premiums. Section 122A.40 shall not be applicable hereto and the board shall
have no liability thereunder because of its purchase of any individual annuity contracts.
This statute shall be applied in a nondiscriminatory manner to employees of the school
district. The identity and number of the available vendors under federal Internal Revenue
Code section 403(b) isnew text begin notnew text end a term and condition of employment under section 179A.03.
deleted text begin
(b) When considering vendors under paragraph (a), the school district and the
exclusive representative of the employees shall consider all of the following:
deleted text end
deleted text begin
(1) the vendor's ability to comply with all employer requirements imposed by
section 403(b) of the Internal Revenue Code of 1986 and its subsequent amendments,
other provisions of the Internal Revenue Code of 1986 that apply to section 403(b) of the
Internal Revenue Code, and any regulation adopted in relation to these laws;
deleted text end
deleted text begin
(2) the vendor's experience in providing 403(b) plans;
deleted text end
deleted text begin
(3) the vendor's potential effectiveness in providing client services attendant to
its plan and in relation to cost;
deleted text end
deleted text begin
(4) the nature and extent of rights and benefits offered under the vendor's plan;
deleted text end
deleted text begin
(5) the suitability of the rights and benefits offered under the vendor's plan;
deleted text end
deleted text begin
(6) the vendor's ability to provide the rights and benefits offered under its plan; and
deleted text end
deleted text begin
(7) the vendor's financial stability.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2011, and applies to contracts
entered into on or after that date.
new text end
Sec. 7.
Minnesota Statutes 2010, section 126C.13, subdivision 5, is amended to read:
Subd. 5.
Uses of revenue.
Except as provided in sections 126C.10, subdivision 14deleted text begin ;
126C.12;deleted text end new text begin ,new text end and 126C.15, general education revenue may be used during the regular school
year and the summer for general and special school purposes.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2011.
new text end
Sec. 8.
Minnesota Statutes 2010, section 126C.44, is amended to read:
126C.44 SAFE SCHOOLS LEVY.
(a) Each district may make a levy on all taxable property located within the district
for the purposes specified in this section. The maximum amount which may be levied
for all costs under this section shall be equal to $30 multiplied by the district's adjusted
marginal cost pupil units for the school year. The proceeds of the levy must be reserved and
used for directly funding the following purposes or for reimbursing the cities and counties
who contract with the district for the following purposes: (1) to pay the costs incurred for
the salaries, benefits, and transportation costs of peace officers and sheriffs for liaison in
services in the district's schools; (2) to pay the costs for a drug abuse prevention program
as defined in section 609.101, subdivision 3, paragraph (e), in the elementary schools;
(3) to pay the costs for a gang resistance education training curriculum in the district's
schools; (4) to pay the costs for security in the district's schools and on school property; (5)
to pay the costs for other crime prevention, drug abuse, student and staff safety, voluntary
opt-in suicide prevention tools, and violence prevention measures taken by the school
district; or (6) to pay costs for licensed school counselors, licensed school nurses, licensed
school social workers, licensed school psychologists, and licensed alcohol and chemical
dependency counselors to help provide early responses to problems. For expenditures
under clause (1), the district must initially attempt to contract for services to be provided
by peace officers or sheriffs with the police department of each city or the sheriff's
department of the county within the district containing the school receiving the services. If
a local police department or a county sheriff's department does not wish to provide the
necessary services, the district may contract for these services with any other police or
sheriff's department located entirely or partially within the school district's boundaries.
(b) A school district that is a member of an intermediate school district may
include in its authority under this section the costs associated with safe schools activities
authorized under paragraph (a) for intermediate school district programs. This authority
must not exceed $10 times the adjusted marginal cost pupil units of the member districts.
This authority is in addition to any other authority authorized under this section. Revenue
raised under this paragraph must be transferred to the intermediate school district.
deleted text begin
(c) A school district must set aside at least $3 per adjusted marginal cost pupil
unit of the safe schools levy proceeds for the purposes authorized under paragraph (a),
clause (6). The district must annually certify either that: (1) its total spending on services
provided by the employees listed in paragraph (a), clause (6), is not less than the sum of
its expenditures for these purposes, excluding amounts spent under this section, in the
previous year plus the amount spent under this section; or (2) that the district's full-time
equivalent number of employees listed in paragraph (a), clause (6), is not less than the
number for the previous year.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 9.
Minnesota Statutes 2010, section 134.195, subdivision 8, is amended to read:
Subd. 8.
Funding.
The ordinance or resolution establishing the library shall
provide for joint financing of the library by the school district and the city. deleted text begin The city shall
provide at least the minimum dollar amount established in section 134.34, subdivision
1.deleted text end The school district shall provide money for staff and materials for the library at least
in proportion to the use related to curriculum, as determined by the circulation statistics
of the library. Neither the city nor the school district shall reduce the financial support
provided for operation of library or media services below the level of support provided in
the preceding year.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2011.
new text end
Sec. 10.
Minnesota Statutes 2010, section 134.201, subdivision 1, is amended to read:
Subdivision 1.
Establishment.
Regional public library districts may be established
under this section in the areas of the existing Great River Regional Library System and
the East Central Regional Library System. The geographic boundaries shall be those
established by the commissioner of education under new text begin Minnesota Statutes 2010, new text end section
134.34, subdivision 3.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2011.
new text end
Sec. 11.
Minnesota Statutes 2010, section 134.201, subdivision 5, is amended to read:
Subd. 5.
General levy authority.
The board may levy for operation of public
library service. This levy shall replace levies for operation of public library service by
cities and counties authorized in section 134.07. The amount levied shall be spread on the
net tax capacity of all taxable property in the district at a uniform tax rate.
(a) The maximum amount that may be levied by a board under this section is the
greater of:
(1) the statewide average local support per capita for public library services for the
most recent reporting period available, as certified by the commissioner of education,
multiplied by the population of the district according to the most recent estimate of the
state demographer or the Metropolitan Council; or
(2) the total amountnew text begin for public library servicesnew text end provided by participating counties
and cities deleted text begin under section 134.34, subdivision 4,deleted text end during the year preceding the first year of
operation.
(b) For its first year of operation, the board shall levy an amount not less than the
total dollar amountnew text begin for library servicesnew text end provided by participating cities and counties during
the preceding year deleted text begin under section 134.34, subdivision 4deleted text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2011.
new text end
Sec. 12.
Minnesota Statutes 2010, section 134.32, subdivision 3, is amended to read:
Subd. 3.
Regional library basic system support grants.
It shall provide regional
library basic system support grants to regional public library systems deleted text begin which meet the
requirements of section 134.34,deleted text end to assist those systems in providing basic system services.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2011.
new text end
Sec. 13.
Minnesota Statutes 2010, section 134.341, is amended to read:
134.341 COUNTY FINANCIAL SUPPORT.
To ensure the availability of public library service to all people, every county shall
provide financial support for public library services deleted text begin at no less than minimum amounts as
specified in section 134.34deleted text end and shall participate in the regional public library system to
which it is assigned deleted text begin by the commissioner of education under section 134.34, subdivision 3deleted text end .
Each county board of commissioners shall appoint at least one county resident to serve as a
representative on the regional public library system board and may appoint more than one
representative under terms and conditions of the regional public library system contract.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2011.
new text end
Sec. 14.
Minnesota Statutes 2010, section 134.355, subdivision 2, is amended to read:
Subd. 2.
Grant application.
Any regional public library system deleted text begin which qualifies
according to the provisions of section 134.34deleted text end may apply for an annual grant for regional
library basic system support. Regional public library districts under section 134.201 may
not compensate board members using grant funds. The amount of each grant for each
fiscal year shall be calculated as provided in this section.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2011.
new text end
Sec. 15.
Minnesota Statutes 2010, section 134.355, subdivision 8, is amended to read:
Subd. 8.
Eligibility.
A regional public library system may apply for regional library
telecommunications aid. The aid must be used for data and video access maintenance,
equipment, or installation of telecommunication lines. To be eligible, a regional public
library system must be officially designated by the commissioner of education as a
regional public library system deleted text begin as defined in section 134.34, subdivision 3, and each of
its participating cities and counties must meet local support levels defined in section
134.34, subdivision 1deleted text end . A public library building that receives aid under this section must
be open a minimum of 20 hours per week.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2011.
new text end
Sec. 16.
Minnesota Statutes 2010, section 171.02, subdivision 2b, is amended to read:
Subd. 2b.
Exception for type III vehicle drivers.
(a) Notwithstanding subdivision
2, the holder of a class A, B, C, or D driver's license, without a school bus endorsement,
may operate a type III vehicle described in section 169.011, subdivision 71, paragraph (h),
under the conditions in paragraphs (b) through (o).
(b) The operator is an employee of the entity that owns, leases, or contracts for
the school bus.
(c) The operator's employer has adopted and implemented a policy that provides for
deleted text begin annualdeleted text end training and certification of the operator in:
(1) safe operation of a type III vehicle;
(2) understanding student behavior, including issues relating to students with
disabilities;
(3) encouraging orderly conduct of students on the bus and handling incidents of
misconduct appropriately;
(4) knowing and understanding relevant laws, rules of the road, and local school
bus safety policies;
(5) handling emergency situations;
(6) proper use of seat belts and child safety restraints;
(7) performance of pretrip vehicle inspections;
(8) safe loading and unloading of students, including, but not limited to:
(i) utilizing a safe location for loading and unloading students at the curb, on the
nontraffic side of the roadway, or at off-street loading areas, driveways, yards, and other
areas to enable the student to avoid hazardous conditions;
(ii) refraining from loading and unloading students in a vehicular traffic lane, on the
shoulder, in a designated turn lane, or a lane adjacent to a designated turn lane;
(iii) avoiding a loading or unloading location that would require a pupil to cross a
road, or ensuring that the driver or an aide personally escort the pupil across the road if it
is not reasonably feasible to avoid such a location;
(iv) placing the type III vehicle in "park" during loading and unloading; and
(v) escorting a pupil across the road under item (iii) only after the motor is stopped,
the ignition key is removed, the brakes are set, and the vehicle is otherwise rendered
immobile; and
(9) compliance with paragraph (k), concerning reporting certain convictions to the
employer within ten days of the date of conviction.
(d) A background check or background investigation of the operator has been
conducted that meets the requirements under section 122A.18, subdivision 8, or 123B.03
for school district employees; section 144.057 or chapter 245C for day care employees; or
section 171.321, subdivision 3, for all other persons operating a type III vehicle under
this subdivision.
(e) Operators shall submit to a physical examination as required by section 171.321,
subdivision 2.
(f) The operator's employer requires preemployment drug testing of applicants for
operator positions. Current operators must comply with the employer's policy under
section 181.951, subdivisions 2, 4, and 5. Notwithstanding any law to the contrary, the
operator's employer may use a Breathalyzer or similar device to fulfill random alcohol
testing requirements.
(g) The operator's driver's license is verified annually by the entity that owns, leases,
or contracts for the type III vehicle as required under section 171.321, subdivision 5.
(h) A person who sustains a conviction, as defined under section 609.02, of violating
section 169A.25, 169A.26, 169A.27, or 169A.31, or whose driver's license is revoked
under sections 169A.50 to 169A.53 of the implied consent law, or who is convicted of
violating or whose driver's license is revoked under a similar statute or ordinance of
another state, is precluded from operating a type III vehicle for five years from the date
of conviction.
(i) A person who has ever been convicted of a disqualifying offense as defined in
section 171.3215, subdivision 1, paragraph (c), may not operate a type III vehicle under
this subdivision.
(j) A person who sustains a conviction, as defined under section 609.02, of a moving
offense in violation of chapter 169 within three years of the first of three other moving
offenses is precluded from operating a type III vehicle for one year from the date of
the last conviction.
(k) An operator who sustains a conviction as described in paragraph (h), (i), or (j)
while employed by the entity that owns, leases, or contracts for the school bus, shall report
the conviction to the employer within ten days of the date of the conviction.
(l) Students riding the type III vehicle must have training required under section
123B.90, subdivision 2.
(m) Documentation of meeting the requirements listed in this subdivision must be
maintained under separate file at the business location for each type III vehicle operator.
The business manager, school board, governing body of a nonpublic school, or any
other entity that owns, leases, or contracts for the type III vehicle operating under this
subdivision is responsible for maintaining these files for inspection.
(n) The type III vehicle must bear a current certificate of inspection issued under
section 169.451.
(o) An employee of a school or of a school district, who is not employed for the sole
purpose of operating a type III vehicle, is exempt from paragraphs (e) and (f).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 17.
Minnesota Statutes 2010, section 171.321, subdivision 4, is amended to read:
Subd. 4.
Training.
(a) No person shall drive a class A, B, C, or D school bus when
transporting school children to or from school or upon a school-related trip or activity
without having demonstrated sufficient skills and knowledge to transport students in
a safe and legal manner.
(b) A bus driver must have training or experience that allows the driver to meet at
least the following competencies:
(1) safely operate the type of school bus the driver will be driving;
(2) understand student behavior, including issues relating to students with
disabilities;
(3) encourage orderly conduct of students on the bus and handle incidents of
misconduct appropriately;
(4) know and understand relevant laws, rules of the road, and local school bus
safety policies;
(5) handle emergency situations; and
(6) safely load and unload students.
(c) The commissioner of public safety shall develop a comprehensive model
school bus driver training program and model assessments for school bus driver training
competencies, which are not subject to chapter 14. A school district, nonpublic school, or
private contractor may use alternative assessments for bus driver training competencies
with the approval of the commissioner of public safety. A driver may receive at least eight
hours of school bus in-service training any year, as an alternative to being assessed for bus
driver competencies after the initial year of being assessed for bus driver competencies.
The employer shall keep the assessment or a record of the in-service training for the
current period available for inspection by representatives of the commissioner.
(d) A school district, nonpublic school, or private contractor shall provide in-service
training annually to each school bus driver.new text begin This paragraph does not apply to a driver who
exclusively transports students under section 171.02, subdivision 2b.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 18. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2010, sections 122A.61; 123B.05; 126C.12; and 134.34,
subdivisions 1, 3, 4, and 7,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Rules, part 3525.2340,
new text end
new text begin
is repealed.
new text end
new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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