HF 849

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; adding education aid programs 
  1.3             to be used to adjust state aid payments for property 
  1.4             tax shift adjustment; discontinuing reserved revenue 
  1.5             for student examination fees for advanced placement 
  1.6             and international baccalaureate programs; modifying 
  1.7             procedure for district transportation of a nonresident 
  1.8             pupil; allowing for transportation of pupils from home 
  1.9             or secondary school to post-secondary institution; 
  1.10            providing criteria of use for certain school buses; 
  1.11            modifying early levy recognition of late activity 
  1.12            levy; modifying timelines to file objections to school 
  1.13            district decisions regarding children with a 
  1.14            disability; providing for immunity from liability for 
  1.15            hearing officers for decisions regarding children with 
  1.16            a disability; providing for reasonable accommodations 
  1.17            for students with a disability attending 
  1.18            post-secondary institutions under the post-secondary 
  1.19            enrollment option program; modifying grant program to 
  1.20            assist American Indians to become teachers; modifying 
  1.21            requirements for teaching licenses in American Indian 
  1.22            language and culture education; allocating money among 
  1.23            special education aid programs; requiring one-year 
  1.24            expulsion of a pupil who brings a firearm to school; 
  1.25            modifying allocation of capital expenditure facilities 
  1.26            revenue to exclude allocation to debt redemption fund; 
  1.27            allowing consolidating districts to make fund 
  1.28            transfers; making combination proceedings equivalent 
  1.29            to consolidation; limiting eligibility for 
  1.30            consolidation transition revenue; permitting the 
  1.31            department to employ school district personnel working 
  1.32            on the graduation rule for up to five years; 
  1.33            discontinuing department of education school finance 
  1.34            study requirement; extending Pine Point schools; 
  1.35            extending administrative licensure rules; modifying 
  1.36            librarians of color program; providing option under 
  1.37            which multicounty, multitype library systems can be 
  1.38            governed; clarifying law governing the state academy 
  1.39            for the deaf and the state academy for the blind; 
  1.40            amending Minnesota Statutes 1994, sections 120.062, 
  1.41            subdivision 9; 120.17, subdivision 3b; 121.11, 
  1.42            subdivision 7c; 121.912, subdivision 6; 122.21, 
  1.43            subdivision 4; 123.3514, subdivisions 7, 8, and by 
  1.44            adding a subdivision; 123.39, subdivision 6; 124.155, 
  1.45            subdivision 2; 124.225, subdivision 1; 124.226, 
  1.46            subdivision 9; 124.2726, subdivision 1; 125.62, 
  2.1             subdivision 7; 126.49, by adding a subdivision; 
  2.2             128A.02, subdivisions 1, 3, 5, and by adding a 
  2.3             subdivision; 128A.021; 128A.022, subdivisions 1 and 6; 
  2.4             128A.024, subdivision 4; 128A.025, subdivisions 1 and 
  2.5             2; 128A.026; 128A.05, subdivisions 1 and 2; 128B.10, 
  2.6             subdivision 1; 134.155; and 134.351, subdivision 4; 
  2.7             Laws 1993, chapter 224, article 12 sections 39 and 41; 
  2.8             Laws 1994, chapter 587, article 3, section 19, 
  2.9             subdivision 1; proposing coding for new law in 
  2.10            Minnesota Statutes, chapter 127; repealing Minnesota 
  2.11            Statutes 1994, sections 124.243, subdivision 9; 
  2.12            124A.27, subdivision 11; 128A.02, subdivisions 2 and 
  2.13            4; and 128A.03; Laws 1992, chapter 499, article 7, 
  2.14            section 27. 
  2.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.16                             ARTICLE 1 
  2.17                     GENERAL EDUCATION REVENUE
  2.18     Section 1.  Minnesota Statutes 1994, section 124.155, 
  2.19  subdivision 2, is amended to read: 
  2.20     Subd. 2.  [ADJUSTMENT TO AIDS.] (a) The amount specified in 
  2.21  subdivision 1 shall be used to adjust the following state aids 
  2.22  and credits in the order listed: 
  2.23     (1) general education aid authorized in sections 124A.23 
  2.24  and 124B.20; 
  2.25     (2) secondary vocational aid authorized in section 124.573; 
  2.26     (3) special education aid authorized in section 124.32; 
  2.27     (4) secondary vocational aid for children with a disability 
  2.28  authorized in section 124.574; 
  2.29     (5) aid for pupils of limited English proficiency 
  2.30  authorized in section 124.273; 
  2.31     (6) transportation aid authorized in section 124.225; 
  2.32     (7) community education programs aid authorized in section 
  2.33  124.2713; 
  2.34     (8) adult education aid authorized in section 124.26; 
  2.35     (9) early childhood family education aid authorized in 
  2.36  section 124.2711; 
  2.37     (10) capital expenditure aid authorized in sections 
  2.38  124.243, 124.244, and 124.83; 
  2.39     (11) school district cooperation aid authorized in section 
  2.40  124.2727; 
  2.41     (12) assurance of mastery aid according to section 124.311; 
  2.42     (13) homestead and agricultural credit aid, disparity 
  3.1   credit and aid, and changes to credits for prior year 
  3.2   adjustments according to section 273.1398, subdivisions 2, 3, 4, 
  3.3   and 7; 
  3.4      (14) attached machinery aid authorized in section 273.138, 
  3.5   subdivision 3; and 
  3.6      (15) alternative delivery aid authorized in section 
  3.7   124.322; 
  3.8      (16) special education equalization aid authorized in 
  3.9   section 124.321; 
  3.10     (17) special education excess cost aid authorized in 
  3.11  section 124.323; 
  3.12     (18) learning readiness aid authorized in section 124.2615; 
  3.13     (19) cooperation-combination aid authorized in section 
  3.14  124.2725; and 
  3.15     (20) district cooperation revenue aid authorized in section 
  3.16  124.2727. 
  3.17     (b) The commissioner of education shall schedule the timing 
  3.18  of the adjustments to state aids and credits specified in 
  3.19  subdivision 1, as close to the end of the fiscal year as 
  3.20  possible. 
  3.21     Sec. 2.  [REPEALER.] 
  3.22     Minnesota Statutes 1994, section 124A.27, subdivision 11, 
  3.23  is repealed. 
  3.24                             ARTICLE 2 
  3.25                           TRANSPORTATION
  3.26     Section 1.  Minnesota Statutes 1994, section 120.062, 
  3.27  subdivision 9, is amended to read: 
  3.28     Subd. 9.  [TRANSPORTATION.] (a) If requested by the parent 
  3.29  of a pupil, the nonresident district shall provide 
  3.30  transportation within the nonresident district.  The nonresident 
  3.31  district may provide transportation within the pupil's resident 
  3.32  district pursuant to section 123.39, subdivision 6.  The state 
  3.33  shall pay transportation aid to the district according to 
  3.34  section 124.225. 
  3.35     The resident district is not required to provide or pay for 
  3.36  transportation between the pupil's residence and the border of 
  4.1   the nonresident district.  A parent may be reimbursed by the 
  4.2   nonresident district for the costs of transportation from the 
  4.3   pupil's residence to the border of the nonresident district if 
  4.4   the pupil is from a family whose income is at or below the 
  4.5   poverty level, as determined by the federal government.  The 
  4.6   reimbursement may not exceed the pupil's actual cost of 
  4.7   transportation or 15 cents per mile traveled, whichever is 
  4.8   less.  Reimbursement may not be paid for more than 250 miles per 
  4.9   week.  
  4.10     At the time a nonresident district notifies a parent or 
  4.11  guardian that an application has been accepted under subdivision 
  4.12  5 or 6, the nonresident district must provide the parent or 
  4.13  guardian with the following information regarding the 
  4.14  transportation of nonresident pupils under this section: 
  4.15     (1) a nonresident district may transport a pupil within the 
  4.16  pupil's resident district under this section only with the 
  4.17  approval of the resident district; and 
  4.18     (2) a parent or guardian of a pupil attending a nonresident 
  4.19  district under this section may appeal under section 123.39, 
  4.20  subdivision 6, the refusal of the resident district to allow the 
  4.21  nonresident district to transport the pupil within the resident 
  4.22  district. 
  4.23     (b) Notwithstanding paragraph (a) and section 124.225, 
  4.24  subdivision 8l, transportation provided by a nonresident 
  4.25  district between home and school for a pupil attending school 
  4.26  under this section is authorized for nonregular transportation 
  4.27  revenue under section 124.225, if the following criteria are met:
  4.28     (1) the school that the pupil was attending prior to 
  4.29  enrolling in the nonresident district under this section was 
  4.30  closed; 
  4.31     (2) the distance from the closed school to the next nearest 
  4.32  school in the district that the student could attend is at least 
  4.33  20 miles; 
  4.34     (3) the pupil's residence is at least 20 miles from any 
  4.35  school that the pupil could attend in the resident district; and 
  4.36     (4) the pupil's residence is closer to the school of 
  5.1   attendance in the nonresident district than to any school the 
  5.2   pupil could attend in the resident district. 
  5.3      Sec. 2.  Minnesota Statutes 1994, section 123.3514, 
  5.4   subdivision 8, is amended to read: 
  5.5      Subd. 8.  [TRANSPORTATION.] A parent or guardian of a pupil 
  5.6   enrolled in a course for secondary credit may apply to the 
  5.7   pupil's district of residence for reimbursement for transporting 
  5.8   the pupil between the secondary school in which the pupil is 
  5.9   enrolled or the pupil's home and the post-secondary institution 
  5.10  that the pupil attends.  The commissioner shall establish 
  5.11  guidelines for providing state aid to districts to reimburse the 
  5.12  parent or guardian for the necessary transportation costs, which 
  5.13  shall be based on financial need.  The reimbursement may not 
  5.14  exceed the pupil's actual cost of transportation or 15 cents per 
  5.15  mile traveled, whichever is less.  Reimbursement may not be paid 
  5.16  for more than 250 miles per week.  However, if the nearest 
  5.17  post-secondary institution is more than 25 miles from the 
  5.18  pupil's resident secondary school, the weekly reimbursement may 
  5.19  not exceed the reimbursement rate per mile times the actual 
  5.20  distance between the secondary school or the pupil's home and 
  5.21  the nearest post-secondary institution times ten.  The state 
  5.22  shall pay aid to the district according to the guidelines 
  5.23  established under this subdivision.  Chapter 14 does not apply 
  5.24  to the guidelines. 
  5.25     Sec. 3.  Minnesota Statutes 1994, section 123.39, 
  5.26  subdivision 6, is amended to read: 
  5.27     Subd. 6.  For the purposes of this subdivision, a 
  5.28  "nonresident pupil" is a pupil who resides in one district, 
  5.29  defined as the "resident district" and attends school in another 
  5.30  district, defined as the "nonresident district." 
  5.31     A nonresident district may transport a nonresident pupil 
  5.32  within its borders.  A nonresident district may not transport a 
  5.33  nonresident pupil on a school district owned or contractor 
  5.34  operated school bus within the pupil's resident district without 
  5.35  the approval of the resident district under section 120.062. 
  5.36     The parent or guardian of a nonresident pupil attending a 
  6.1   nonresident district under section 120.062 may submit a written 
  6.2   request to the resident district asking that the resident 
  6.3   district allow the nonresident district to provide 
  6.4   transportation for the pupil within the pupil's resident 
  6.5   district.  The resident district must approve or disapprove the 
  6.6   request, in writing, within 30 days.  The parent or guardian may 
  6.7   appeal the refusal of the resident district to the commissioner 
  6.8   of education.  The commissioner must act on the appeal within 30 
  6.9   days.  When a district decides to transport a nonresident pupil 
  6.10  within the pupil's resident district, the nonresident district 
  6.11  shall notify the pupil's resident district in writing that the 
  6.12  nonresident district shall be providing transportation for the 
  6.13  pupil within the pupil's resident district. 
  6.14     Sec. 4.  Minnesota Statutes 1994, section 124.225, 
  6.15  subdivision 1, is amended to read: 
  6.16     Subdivision 1.  [DEFINITIONS.] For purposes of this 
  6.17  section, the terms defined in this subdivision have the meanings 
  6.18  given to them. 
  6.19     (a) "FTE" means a full-time equivalent pupil whose 
  6.20  transportation is authorized for aid purposes by section 124.223.
  6.21     (b) "Authorized cost for regular transportation" means the 
  6.22  sum of: 
  6.23     (1) all expenditures for transportation in the regular 
  6.24  category, as defined in paragraph (c), clause (1), for which aid 
  6.25  is authorized in section 124.223, plus 
  6.26     (2) an amount equal to one year's depreciation on the 
  6.27  district's school bus fleet and mobile units computed on a 
  6.28  straight line basis at the rate of 15 percent per year for 
  6.29  districts operating a program under section 121.585 for grades 1 
  6.30  to 12 for all students in the district and 12-1/2 percent per 
  6.31  year for other districts of the cost of the fleet, plus 
  6.32     (3) an amount equal to one year's depreciation on district 
  6.33  school buses reconditioned by the department of corrections 
  6.34  computed on a straight line basis at the rate of 33-1/3 percent 
  6.35  per year of the cost to the district of the reconditioning, plus 
  6.36     (4) an amount equal to one year's depreciation on the 
  7.1   district's type three school buses, as defined in section 
  7.2   169.01, subdivision 6, clause (5), which must be used a majority 
  7.3   of the time for the purposes in sections 124.223 and 124.226, 
  7.4   subdivisions 5, 8, and 9, and were purchased after July 1, 1982, 
  7.5   for authorized transportation of pupils, with the prior approval 
  7.6   of the commissioner, computed on a straight line basis at the 
  7.7   rate of 20 percent per year of the cost of the type three school 
  7.8   buses.  
  7.9      (c) "Transportation category" means a category of 
  7.10  transportation service provided to pupils as follows:  
  7.11     (1) Regular transportation is transportation services 
  7.12  provided during the regular school year under section 124.223, 
  7.13  subdivisions 1 and 2, excluding the following transportation 
  7.14  services provided under section 124.223, subdivision 1:  
  7.15  transportation between schools; noon transportation to and from 
  7.16  school for kindergarten pupils attending half-day sessions; 
  7.17  transportation of pupils to and from schools located outside 
  7.18  their normal attendance areas under the provisions of a plan for 
  7.19  desegregation mandated by the state board of education or under 
  7.20  court order; and transportation of elementary pupils to and from 
  7.21  school within a mobility zone. 
  7.22     (2) Nonregular transportation is transportation services 
  7.23  provided under section 124.223, subdivision 1, that are excluded 
  7.24  from the regular category and transportation services provided 
  7.25  under section 124.223, subdivisions 3, 4, 5, 6, 7, 8, 9, and 10. 
  7.26     (3) Excess transportation is transportation to and from 
  7.27  school during the regular school year for secondary pupils 
  7.28  residing at least one mile but less than two miles from the 
  7.29  public school they could attend or from the nonpublic school 
  7.30  actually attended, and transportation to and from school for 
  7.31  pupils residing less than one mile from school who are 
  7.32  transported because of extraordinary traffic, drug, or crime 
  7.33  hazards. 
  7.34     (4) Desegregation transportation is transportation during 
  7.35  the regular school year of pupils to and from schools located 
  7.36  outside their normal attendance areas under a plan for 
  8.1   desegregation mandated by the state board or under court order.  
  8.2      (5) Handicapped transportation is transportation provided 
  8.3   under section 124.223, subdivision 4, for pupils with a 
  8.4   disability between home or a respite care facility and school or 
  8.5   other buildings where special instruction required by sections 
  8.6   120.17 and 120.1701 is provided. 
  8.7      (d) "Mobile unit" means a vehicle or trailer designed to 
  8.8   provide facilities for educational programs and services, 
  8.9   including diagnostic testing, guidance and counseling services, 
  8.10  and health services.  A mobile unit located off nonpublic school 
  8.11  premises is a neutral site as defined in section 123.932, 
  8.12  subdivision 9. 
  8.13     (e) "Current year" means the school year for which aid will 
  8.14  be paid.  
  8.15     (f) "Base year" means the second school year preceding the 
  8.16  school year for which aid will be paid.  
  8.17     (g) "Base cost" means the ratio of: 
  8.18     (1) the sum of the authorized cost in the base year for 
  8.19  regular transportation as defined in paragraph (b) plus the 
  8.20  actual cost in the base year for excess transportation as 
  8.21  defined in paragraph (c); 
  8.22     (2) to the sum of the number of weighted FTE's in the 
  8.23  regular and excess categories in the base year. 
  8.24     (h) "Pupil weighting factor" for the excess transportation 
  8.25  category for a school district means the lesser of one, or the 
  8.26  result of the following computation: 
  8.27     (1) Divide the square mile area of the school district by 
  8.28  the number of FTE's in the regular and excess categories in the 
  8.29  base year. 
  8.30     (2) Raise the result in clause (1) to the one-fifth power. 
  8.31     (3) Divide four-tenths by the result in clause (2). 
  8.32     The pupil weighting factor for the regular transportation 
  8.33  category is one.  
  8.34     (i) "Weighted FTE's"  means the number of FTE's in each 
  8.35  transportation category multiplied by the pupil weighting factor 
  8.36  for that category. 
  9.1      (j) "Sparsity index" for a school district means the 
  9.2   greater of .005 or the ratio of the square mile area of the 
  9.3   school district to the sum of the number of weighted FTE's by 
  9.4   the district in the regular and excess categories in the base 
  9.5   year. 
  9.6      (k) "Density index" for a school district means the greater 
  9.7   of one or the result obtained by subtracting the product of the 
  9.8   district's sparsity index times 20 from two. 
  9.9      (l) "Contract transportation index" for a school district 
  9.10  means the greater of one or the result of the following 
  9.11  computation: 
  9.12     (1) Multiply the district's sparsity index by 20. 
  9.13     (2) Select the lesser of one or the result in clause (1). 
  9.14     (3) Multiply the district's percentage of regular FTE's in 
  9.15  the current year using vehicles that are not owned by the school 
  9.16  district by the result in clause (2). 
  9.17     (m) "Adjusted predicted base cost" means the predicted base 
  9.18  cost as computed in subdivision 3a as adjusted under subdivision 
  9.19  7a. 
  9.20     (n) "Regular transportation allowance" means the adjusted 
  9.21  predicted base cost, inflated and adjusted under subdivision 7b. 
  9.22     Sec. 5.  Minnesota Statutes 1994, section 124.226, 
  9.23  subdivision 9, is amended to read: 
  9.24     Subd. 9.  [LATE ACTIVITY BUSES.] (a) A school district may 
  9.25  levy an amount equal to the lesser of: 
  9.26     (1) the actual cost of late transportation home from 
  9.27  school, between schools within a district, or between schools in 
  9.28  one or more districts that have an agreement under sections 
  9.29  122.241 to 122.248, 122.535, 122.541, or 124.494, for pupils 
  9.30  involved in after school activities for the school year 
  9.31  beginning in the year the levy is certified; or 
  9.32     (2) two percent of the sum of the district's regular 
  9.33  transportation revenue and the district's nonregular 
  9.34  transportation revenue for that school year according to section 
  9.35  124.225, subdivision 7d. 
  9.36     (b) A district that levies under this section must provide 
 10.1   late transportation from school for students participating in 
 10.2   any academic-related activities provided by the district if 
 10.3   transportation is provided for students participating in 
 10.4   athletic activities. 
 10.5      (c) Notwithstanding section 121.904, 50 percent of the levy 
 10.6   certified for taxes payable in 1994, and for each year 
 10.7   thereafter the entire amount of this levy, shall be recognized 
 10.8   as revenue for the fiscal year in which the levy is certified. 
 10.9      Sec. 6.  [EFFECTIVE DATE.] 
 10.10     Section 5 is effective retroactive to July 1, 1993, and 
 10.11  applies for fiscal years 1994 and 1995. 
 10.12                             ARTICLE 3
 10.13                          SPECIAL PROGRAMS 
 10.14     Section 1.  Minnesota Statutes 1994, section 120.17, 
 10.15  subdivision 3b, is amended to read: 
 10.16     Subd. 3b.  [PROCEDURES FOR DECISIONS.] Every district shall 
 10.17  utilize at least the following procedures for decisions 
 10.18  involving identification, assessment, and educational placement 
 10.19  of children with a disability: 
 10.20     (a) Parents and guardians shall receive prior written 
 10.21  notice of:  
 10.22     (1) any proposed formal educational assessment or proposed 
 10.23  denial of a formal educational assessment of their child; 
 10.24     (2) a proposed placement of their child in, transfer from 
 10.25  or to, or denial of placement in a special education program; or 
 10.26     (3) the proposed provision, addition, denial or removal of 
 10.27  special education services for their child; 
 10.28     (b) The district shall not proceed with the initial formal 
 10.29  assessment of a child, the initial placement of a child in a 
 10.30  special education program, or the initial provision of special 
 10.31  education services for a child without the prior written consent 
 10.32  of the child's parent or guardian.  The refusal of a parent or 
 10.33  guardian to consent may be overridden by the decision in a 
 10.34  hearing held pursuant to clause (e) at the district's 
 10.35  initiative; 
 10.36     (c) Parents and guardians shall have an opportunity to meet 
 11.1   with appropriate district staff in at least one conciliation 
 11.2   conference if they object to any proposal of which they are 
 11.3   notified pursuant to clause (a).  The conciliation process shall 
 11.4   not be used to deny or delay a parent or guardian's right to a 
 11.5   due process hearing.  If the parent or guardian refuses efforts 
 11.6   by the district to conciliate the dispute with the school 
 11.7   district, the requirement of an opportunity for conciliation 
 11.8   shall be deemed to be satisfied; 
 11.9      (d) The commissioner shall establish a mediation process to 
 11.10  assist parents, school districts, or other parties to resolve 
 11.11  disputes arising out of the identification, assessment, or 
 11.12  educational placement of children with a disability.  The 
 11.13  mediation process must be offered as an informal alternative to 
 11.14  the due process hearing provided under clause (e), but must not 
 11.15  be used to deny or postpone the opportunity of a parent or 
 11.16  guardian to obtain a due process hearing. 
 11.17     (e) Parents, guardians, and the district shall have an 
 11.18  opportunity to obtain an impartial due process hearing initiated 
 11.19  and conducted by and in the school district responsible for 
 11.20  assuring that an appropriate program is provided in accordance 
 11.21  with state board rules, if the parent or guardian continues to 
 11.22  object to:  
 11.23     (1) a proposed formal educational assessment or proposed 
 11.24  denial of a formal educational assessment of their child; 
 11.25     (2) the proposed placement of their child in, or transfer 
 11.26  of their child to a special education program; 
 11.27     (3) the proposed denial of placement of their child in a 
 11.28  special education program or the transfer of their child from a 
 11.29  special education program; 
 11.30     (4) the proposed provision or addition of special education 
 11.31  services for their child; or 
 11.32     (5) the proposed denial or removal of special education 
 11.33  services for their child. 
 11.34     At least five Within 15 calendar days before the after the 
 11.35  request for a hearing, or as directed by the hearing officer, 
 11.36  the objecting party shall provide the other party with a brief 
 12.1   written statement of the objection and the reasons for the 
 12.2   objection and a written statement of the specific remedies 
 12.3   sought.  
 12.4      The hearing shall take place before an impartial hearing 
 12.5   officer mutually agreed to by the school board and the parent or 
 12.6   guardian.  If the school board and the parent or guardian are 
 12.7   unable to agree on a hearing officer, the school board shall 
 12.8   request the commissioner to appoint a hearing officer.  The 
 12.9   hearing officer shall not be a school board member or employee 
 12.10  of the school district where the child resides or of the child's 
 12.11  school district of residence, an employee of any other public 
 12.12  agency involved in the education or care of the child, or any 
 12.13  person with a personal or professional interest which would 
 12.14  conflict with the person's objectivity at the hearing.  A person 
 12.15  who otherwise qualifies as a hearing officer is not an employee 
 12.16  of the district solely because the person is paid by the 
 12.17  district to serve as a hearing officer.  If the hearing officer 
 12.18  requests an independent educational assessment of a child, the 
 12.19  cost of the assessment shall be at district expense.  The 
 12.20  proceedings shall be recorded and preserved, at the expense of 
 12.21  the school district, pending ultimate disposition of the action. 
 12.22     (f) The decision of the hearing officer pursuant to clause 
 12.23  (e) shall be rendered not more than 45 calendar days from the 
 12.24  date of the receipt of the request for the hearing.  A hearing 
 12.25  officer may grant specific extensions of time beyond the 45-day 
 12.26  period at the request of either party.  The decision of the 
 12.27  hearing officer shall be binding on all parties unless appealed 
 12.28  to the hearing review officer by the parent, guardian, or the 
 12.29  school board of the district where the child resides pursuant to 
 12.30  clause (g). 
 12.31     The local decision shall: 
 12.32     (1) be in writing; 
 12.33     (2) state the controlling facts upon which the decision is 
 12.34  made in sufficient detail to apprise the parties and the hearing 
 12.35  review officer of the basis and reason for the decision; 
 12.36     (3) state whether the special education program or special 
 13.1   education services appropriate to the child's needs can be 
 13.2   reasonably provided within the resources available to the 
 13.3   responsible district or districts; 
 13.4      (4) state the amount and source of any additional district 
 13.5   expenditure necessary to implement the decision; and 
 13.6      (5) be based on the standards set forth in subdivision 3a 
 13.7   and the rules of the state board. 
 13.8      (g) Any local decision issued pursuant to clauses (e) and 
 13.9   (f) may be appealed to the hearing review officer within 30 
 13.10  calendar days of receipt of that written decision, by the 
 13.11  parent, guardian, or the school board of the district 
 13.12  responsible for assuring that an appropriate program is provided 
 13.13  in accordance with state board rules. 
 13.14     If the decision is appealed, a written transcript of the 
 13.15  hearing shall be made by the school district and shall be 
 13.16  accessible to the parties involved within five calendar days of 
 13.17  the filing of the appeal.  The hearing review officer shall 
 13.18  issue a final independent decision based on an impartial review 
 13.19  of the local decision and the entire record within 30 calendar 
 13.20  days after the filing of the appeal.  The hearing review officer 
 13.21  shall seek additional evidence if necessary and may afford the 
 13.22  parties an opportunity for written or oral argument; provided 
 13.23  any hearing held to seek additional evidence shall be an 
 13.24  impartial due process hearing but shall be deemed not to be a 
 13.25  contested case hearing for purposes of chapter 14.  The hearing 
 13.26  review officer may grant specific extensions of time beyond the 
 13.27  30-day period at the request of any party. 
 13.28     The final decision shall: 
 13.29     (1) be in writing; 
 13.30     (2) include findings and conclusions; and 
 13.31     (3) be based upon the standards set forth in subdivision 3a 
 13.32  and in the rules of the state board. 
 13.33     (h) The decision of the hearing review officer shall be 
 13.34  final unless appealed by the parent or guardian or school board 
 13.35  to the court of appeals.  The judicial review shall be in 
 13.36  accordance with chapter 14.  
 14.1      (i) The commissioner of education shall select an 
 14.2   individual who has the qualifications enumerated in this 
 14.3   paragraph to serve as the hearing review officer: 
 14.4      (1) the individual must be knowledgeable and impartial; 
 14.5      (2) the individual must not have a personal interest in or 
 14.6   specific involvement with the student who is a party to the 
 14.7   hearing; 
 14.8      (3) the individual must not have been employed as an 
 14.9   administrator by the district that is a party to the hearing; 
 14.10     (4) the individual must not have been involved in the 
 14.11  selection of the administrators of the district that is a party 
 14.12  to the hearing; 
 14.13     (5) the individual must not have a personal, economic, or 
 14.14  professional interest in the outcome of the hearing other than 
 14.15  the proper administration of the federal and state laws, rules, 
 14.16  and policies; 
 14.17     (6) the individual must not have substantial involvement in 
 14.18  the development of a state or local policy or procedures that 
 14.19  are challenged in the appeal; and 
 14.20     (7) the individual is not a current employee or board 
 14.21  member of a Minnesota public school district, education 
 14.22  district, intermediate unit or regional education agency, the 
 14.23  state department of education, the state board of education, or 
 14.24  a parent advocacy organization or group.  
 14.25     (j) In all appeals, the parent or guardian of the pupil 
 14.26  with a disability or the district that is a party to the hearing 
 14.27  may challenge the impartiality or competence of the proposed 
 14.28  hearing review officer by applying to the state board of 
 14.29  education hearing review officer. 
 14.30     (k) Pending the completion of proceedings pursuant to this 
 14.31  subdivision, unless the district and the parent or guardian of 
 14.32  the child agree otherwise, the child shall remain in the child's 
 14.33  current educational placement and shall not be denied initial 
 14.34  admission to school. 
 14.35     (l) The child's school district of residence, a resident 
 14.36  district, and providing district shall receive notice of and may 
 15.1   be a party to any hearings or appeals under this subdivision. 
 15.2      (m) A hearing officer or hearing review officer appointed 
 15.3   under this subdivision has the same immunity from liability as 
 15.4   an employee of the state under section 3.736.  
 15.5      Sec. 2.  Minnesota Statutes 1994, section 123.3514, 
 15.6   subdivision 7, is amended to read: 
 15.7      Subd. 7.  [FEES; TEXTBOOKS; MATERIALS.] A post-secondary 
 15.8   institution that receives reimbursement for a pupil under 
 15.9   subdivision 6 may not charge that pupil for fees, textbooks, 
 15.10  materials, or other necessary costs of the course or program in 
 15.11  which the pupil is enrolled if the charge would be prohibited 
 15.12  under section 120.74, except for equipment purchased by the 
 15.13  pupil that becomes the property of the pupil.  A pupil or 
 15.14  district shall not be charged for costs associated with the 
 15.15  provision of support services as defined in section 135A.16.  An 
 15.16  institution may require the pupil to pay for fees, textbooks, 
 15.17  and materials for a course taken for post-secondary credit. 
 15.18     Sec. 3.  Minnesota Statutes 1994, section 123.3514, is 
 15.19  amended by adding a subdivision to read: 
 15.20     Subd. 7b.  [SUPPORT SERVICES.] The postsecondary 
 15.21  institution shall inform the pupil of the support services 
 15.22  available at that institution.  The institution shall provide 
 15.23  the pupil with access to the support services in the same way as 
 15.24  all other attendees of that institution. 
 15.25     Sec. 4.  Minnesota Statutes 1994, section 125.62, 
 15.26  subdivision 7, is amended to read: 
 15.27     Subd. 7.  [LOAN FORGIVENESS.] The loan may be forgiven if 
 15.28  the recipient is employed as a teacher, as defined in section 
 15.29  125.12 or 125.17, in an eligible school or program in 
 15.30  Minnesota.  One-fifth One-fourth of the principal of the 
 15.31  outstanding loan amount shall be forgiven for each year of 
 15.32  eligible employment, or a pro rata amount for eligible 
 15.33  employment during part of a school year, part-time employment as 
 15.34  a substitute teacher, or other eligible part-time 
 15.35  teaching.  Loans for $2,500 or less may be forgiven at the rate 
 15.36  of up to $1,250 per year.  The following schools and programs 
 16.1   are eligible for the purposes of loan forgiveness: 
 16.2      (1) a school or program operated by a school district; 
 16.3      (2) a tribal contract school eligible to receive aid 
 16.4   according to section 124.86; 
 16.5      (3) a head start program; 
 16.6      (4) an early childhood family education program; or 
 16.7      (5) a program providing educational services to children 
 16.8   who have not entered kindergarten; or 
 16.9      (6) a program providing educational enrichment services to 
 16.10  American Indian students in grades kindergarten through 12. 
 16.11     If a person has an outstanding loan obtained through this 
 16.12  program, the duty to make payments of principal and interest may 
 16.13  be deferred during any time period the person is enrolled at 
 16.14  least one-half time in an advanced degree program in a field 
 16.15  that leads to employment by a school district.  To defer loan 
 16.16  obligations, the person shall provide written notification to 
 16.17  the state board of education and the recipients of the joint 
 16.18  grant that originally authorized the loan.  Upon approval by the 
 16.19  state board and the joint grant recipients, payments shall be 
 16.20  deferred.  
 16.21     The loan forgiveness program, loan deferral, and procedures 
 16.22  to administer the program shall be approved by the higher 
 16.23  education coordinating board. 
 16.24     Sec. 5.  Minnesota Statutes 1994, section 126.49, is 
 16.25  amended by adding a subdivision to read: 
 16.26     Subd. 2a.  [RESOLUTION OR LETTER.] All persons applying for 
 16.27  a license under this section must submit to the board a 
 16.28  resolution or letter signed by an American Indian tribal 
 16.29  government or its designee.  All persons holding a license under 
 16.30  this section on the effective date of this section must have on 
 16.31  file or file with the board a resolution or letter signed by a 
 16.32  tribal government or its designee by January 1, 1996. 
 16.33     Sec. 6.  Laws 1994, chapter 587, article 3, section 19, 
 16.34  subdivision 1, is amended to read: 
 16.35     Subdivision 1.  [SPECIAL EDUCATION AID.] $17,500,000 is 
 16.36  appropriated in fiscal year 1994 from the general fund to the 
 17.1   department of education for special education aid to school 
 17.2   districts.  This appropriation is available until June 30, 
 17.3   1995.  This amount is added to the appropriations for aid for 
 17.4   special education programs contained in Laws 1993, chapter 224, 
 17.5   article 3, section 38, subdivisions 2, 4, 8, 11, and 14.  The 
 17.6   individual appropriations shall be increased by the commissioner 
 17.7   of finance in the amounts determined by the commissioner of 
 17.8   education.  This amount is appropriated to eliminate the fiscal 
 17.9   year 1993 deficiencies and reduce the fiscal year 1995 
 17.10  deficiencies in the appropriations in those subdivisions.  The 
 17.11  department must reduce a school district's payable 1995 levy 
 17.12  limitations by the full amount of the aid payments made to the 
 17.13  school district according to this subdivision.  This 
 17.14  appropriation shall not be included in determining the amount of 
 17.15  a deficiency in the special education programs for fiscal year 
 17.16  1995 for the purpose of allocating any excess appropriations to 
 17.17  aid or grant programs with insufficient appropriations as 
 17.18  provided in Minnesota Statutes, section 124.14, subdivision 7.  
 17.19  Notwithstanding Minnesota Statutes, section 124.195, subdivision 
 17.20  10, 100 percent of this appropriation must be paid in fiscal 
 17.21  years 1994 and 1995.  This appropriation is not to be included 
 17.22  in a base budget for future fiscal years. 
 17.23     Sec. 7.  [EFFECTIVE DATE.] 
 17.24     Section 6 is effective the day following final enactment. 
 17.25                             ARTICLE 4
 17.26                         COMMUNITY PROGRAMS
 17.27     Section 1.  [127.282] [EXPULSION FOR POSSESSION OF 
 17.28  FIREARM.] 
 17.29     Notwithstanding the time limitation in section 127.27, 
 17.30  subdivision 5, a school board must expel for a period of at 
 17.31  least one year a pupil who brings a firearm to school except the 
 17.32  board may modify this expulsion requirement for a pupil on a 
 17.33  case-by-case basis.  For the purposes of this section, firearm 
 17.34  is as defined in United States Code, title 18, section 921. 
 17.35                             ARTICLE 5
 17.36                             FACILITIES 
 18.1      Section 1.  [REPEALER.] 
 18.2      Minnesota Statutes 1994, section 124.243, subdivision 9, is 
 18.3   repealed. 
 18.4                              ARTICLE 6
 18.5                EDUCATION ORGANIZATION AND COOPERATION
 18.6      Section 1.  Minnesota Statutes 1994, section 121.912, 
 18.7   subdivision 6, is amended to read: 
 18.8      Subd. 6.  [ACCOUNT TRANSFER FOR REORGANIZING DISTRICTS.] 
 18.9   (a) A school district that has reorganized according to section 
 18.10  122.22, 122.23, or sections 122.241 to 122.248 and has conducted 
 18.11  a successful referendum on the question of combination under 
 18.12  section 122.243, subdivision 2, or consolidation under section 
 18.13  122.23, subdivision 13, may make permanent transfers between any 
 18.14  of the funds in the newly created or enlarged district with the 
 18.15  exception of the debt redemption fund, food service fund, and 
 18.16  health and safety account of the capital expenditure fund.  Fund 
 18.17  transfers under this section may be made only for up to one year 
 18.18  prior to the effective date of combination or consolidation and 
 18.19  during the year following the effective date of reorganization. 
 18.20     (b) A district that has conducted a successful referendum 
 18.21  on the question of combination under section 122.243, 
 18.22  subdivision 2, may make permanent transfers between any of the 
 18.23  funds in the district with the exception of the debt redemption 
 18.24  fund, food service fund, and health and safety account of the 
 18.25  capital expenditure fund for up to one year prior to the 
 18.26  effective date of combination under sections 122.241 to 122.248. 
 18.27     Sec. 2.  Minnesota Statutes 1994, section 122.21, 
 18.28  subdivision 4, is amended to read: 
 18.29     Subd. 4.  Within six months of the time when the petition 
 18.30  was filed, the county board shall issue its order either 
 18.31  granting or denying the petition, unless all or part of the land 
 18.32  area described in the petition is included in a plat for 
 18.33  consolidation or combination which has been approved by the 
 18.34  state board commissioner of education in which event, no order 
 18.35  may be issued while consolidation or combination proceedings are 
 18.36  pending.  No order shall be issued which results in attaching to 
 19.1   a district any territory not adjoining that district, as defined 
 19.2   in subdivision 1(a).  No order shall be issued which reduces the 
 19.3   size of any district to less than four sections unless the 
 19.4   district is not operating a school within the district.  The 
 19.5   order may be made effective at a deferred date not later than 
 19.6   July 1 next following its issuance.  If the petition be granted, 
 19.7   the auditor shall transmit a certified copy to the 
 19.8   commissioner.  Failure to issue an order within six months of 
 19.9   the filing of the petition or termination of proceedings upon an 
 19.10  approved consolidation plat, whichever is later, is a denial of 
 19.11  the petition. 
 19.12     Sec. 3.  Minnesota Statutes 1994, section 124.2726, 
 19.13  subdivision 1, is amended to read: 
 19.14     Subdivision 1.  [ELIGIBILITY AND USE.] A school district 
 19.15  that has been reorganized after June 30, 1994, under section 
 19.16  122.23 and has not received revenue under section 124.2725 is 
 19.17  eligible for consolidation transition revenue.  Revenue is equal 
 19.18  to the sum of aid under subdivision 2 and levy under subdivision 
 19.19  3.  Consolidation transition revenue may only be used according 
 19.20  to this section.  Revenue must initially be used for the payment 
 19.21  of district costs for the early retirement incentives granted by 
 19.22  the district under section 122.23, subdivision 20.  Any revenue 
 19.23  under subdivision 2 remaining after the payment of district 
 19.24  costs for the early retirement incentives must be used to reduce 
 19.25  operating debt as defined in section 121.915.  Any additional 
 19.26  aid remaining after the reduction of operating debt must be 
 19.27  deposited in the district's general fund.  Revenue received 
 19.28  under this section shall not be included in the determination of 
 19.29  the reduction under section 124A.26, subdivision 1.  
 19.30                             ARTICLE 7
 19.31                      COMMITMENT TO EXCELLENCE 
 19.32     Section 1.  Minnesota Statutes 1994, section 121.11, 
 19.33  subdivision 7c, is amended to read: 
 19.34     Subd. 7c.  [RESULTS-ORIENTED GRADUATION RULE.] (a) The 
 19.35  legislature is committed to establishing a rigorous, 
 19.36  results-oriented graduation rule for Minnesota's public school 
 20.1   students.  To that end, the state board shall use its rulemaking 
 20.2   authority under subdivision 7b to adopt a statewide, 
 20.3   results-oriented graduation rule to be implemented starting with 
 20.4   students beginning ninth grade in the 1996-1997 school year.  
 20.5   The board shall not prescribe in rule or otherwise the delivery 
 20.6   system, form of instruction, or a single statewide form of 
 20.7   assessment that local sites must use to meet the requirements 
 20.8   contained in this rule. 
 20.9      (b) Assessments used to measure knowledge required by all 
 20.10  students for graduation must be developed according to the most 
 20.11  current version of professional standards for educational 
 20.12  testing. 
 20.13     (c) The content of the graduation rule must differentiate 
 20.14  between minimum competencies and rigorous standards. 
 20.15     (d) Notwithstanding section 15.53, subdivision 2, the state 
 20.16  board may contract with a school district for a period no longer 
 20.17  than five consecutive years for the services of an educator to 
 20.18  work in the development, implementation, or both, of the 
 20.19  graduation rule. 
 20.20     (e) The state board shall periodically review and report on 
 20.21  the assessment process with the expectation of expanding high 
 20.22  school graduation requirements. 
 20.23     (e) (f) The state board shall report to the legislature 
 20.24  annually by January 15 on its progress in developing and 
 20.25  implementing the graduation requirements until such time as all 
 20.26  the graduation requirements are implemented. 
 20.27     Sec. 2.  [REPEALER.] 
 20.28     Laws 1992, chapter 499, article 7, section 27, is repealed. 
 20.29                             ARTICLE 8
 20.30                      OTHER EDUCATION PROGRAM
 20.31     Section 1.  Minnesota Statutes 1994, section 128B.10, 
 20.32  subdivision 1, is amended to read: 
 20.33     Subdivision 1.  [EXTENSION.] This chapter is repealed July 
 20.34  1, 1995 1999. 
 20.35     Sec. 2.  Laws 1993, chapter 224, article 12, section 39, is 
 20.36  amended to read: 
 21.1      Sec. 39.  [REPEALER.] 
 21.2      (a) Minnesota Rules, parts 3500.0500; 3500.0600, subparts 1 
 21.3   and 2; 3500.0605; 3500.0800; 3500.1090; 3500.1800; 3500.2950; 
 21.4   3500.3100, subparts 1 to 3; 3500.3500; 3500.3600; 3500.4400; 
 21.5   3510.2200; 3510.2300; 3510.2400; 3510.2500; 3510.2600; 
 21.6   3510.6200; 3520.0200; 3520.0300; 3520.0600; 3520.1000; 
 21.7   3520.1200; 3520.1300; 3520.1800; 3520.2700; 3520.3802; 
 21.8   3520.3900; 3520.4500; 3520.4620; 3520.4630; 3520.4640; 
 21.9   3520.4680; 3520.4750; 3520.4761; 3520.4811; 3520.4831; 
 21.10  3520.4910; 3520.5330; 3520.5340; 3520.5370; 3520.5461; 
 21.11  3525.2850; 3530.0300; 3530.0600; 3530.0700; 3530.0800; 
 21.12  3530.1100; 3530.1300; 3530.1400; 3530.1600; 3530.1700; 
 21.13  3530.1800; 3530.1900; 3530.2000; 3530.2100; 3530.2800; 
 21.14  3530.2900; 3530.3100, subparts 2 to 4; 3530.3200, subparts 1 to 
 21.15  5; 3530.3400, subparts 1, 2, and 4 to 7; 3530.3500; 3530.3600; 
 21.16  3530.3900; 3530.4000; 3530.4100; 3530.5500; 3530.5700; 
 21.17  3530.6100; 3535.0800; 3535.1000; 3535.1400; 3535.1600; 
 21.18  3535.1800; 3535.1900; 3535.2100; 3535.2200; 3535.2600; 
 21.19  3535.2900; 3535.3100; 3535.3500; 3535.9930; 3535.9940; 
 21.20  3535.9950; 3540.0600; 3540.0700; 3540.0800; 3540.0900; 
 21.21  3540.1000; 3540.1100; 3540.1200; 3540.1300; 3540.1700; 
 21.22  3540.1800; 3540.1900; 3540.2000; 3540.2100; 3540.2200; 
 21.23  3540.2300; 3540.2400; 3540.2800; 3540.2900; 3540.3000; 
 21.24  3540.3100; 3540.3200; 3540.3300; 3540.3400; 3545.1000; 
 21.25  3545.1100; 3545.1200; 3545.2300; 3545.2700; 3545.3000; 
 21.26  3545.3002; 3545.3004; 3545.3005; 3545.3014; 3545.3022; 
 21.27  3545.3024; 8700.4200; 8700.6410; 8700.6800; 8700.7100; 
 21.28  8700.9000; 8700.9010; 8700.9020; and 8700.9030, are repealed. 
 21.29     (b) Minnesota Rules, parts 3520.1600; 3520.2400; 3520.2500; 
 21.30  3520.2600; 3520.2800; 3520.2900; 3520.3000; 3520.3100; 
 21.31  3520.3200; 3520.3400; 3520.3500; 3520.3680; 3520.3701; 
 21.32  3520.3801; 3520.4001; 3520.4100; 3520.4201; 3520.4301; 
 21.33  3520.4400; 3520.4510; 3520.4531; 3520.4540; 3520.4550; 
 21.34  3520.4560; 3520.4570; 3520.4600; 3520.4610; 3520.4650; 
 21.35  3520.4670; 3520.4701; 3520.4711; 3520.4720; 3520.4731; 
 21.36  3520.4741; 3520.4801; 3520.4840; 3520.4850; 3520.4900; 
 22.1   3520.4930; 3520.4980; 3520.5000; 3520.5010; 3520.5111; 
 22.2   3520.5120; 3520.5141; 3520.5151; 3520.5160; 3520.5171; 
 22.3   3520.5180; 3520.5190; 3520.5200; 3520.5220; 3520.5230; 
 22.4   3520.5300; 3520.5310; 3520.5361; 3520.5380; 3520.5401; 
 22.5   3520.5450; 3520.5471; 3520.5481; 3520.5490; 3520.5500; 
 22.6   3520.5510; 3520.5520; 3520.5531; 3520.5551; 3520.5560; 
 22.7   3520.5570; 3520.5580; 3520.5600; 3520.5611; 3520.5700; 
 22.8   3520.5710; 3520.5900; 3520.5910; 3520.5920; 3530.6500; 
 22.9   3530.6600; 3530.6700; 3530.6800; 3530.6900; 3530.7000; 
 22.10  3530.7100; 3530.7200; 3530.7300; 3530.7400; 3530.7500; 
 22.11  3530.7600; 3530.7700; and 3530.7800, are repealed. 
 22.12     (c) Minnesota Rules, parts 3500.1400; 3500.3700; 3510.0100; 
 22.13  3510.0200; 3510.0300; 3510.0400; 3510.0500; 3510.0600; 
 22.14  3510.0800; 3510.1100; 3510.1200; 3510.1300; 3510.1400; 
 22.15  3510.1500; 3510.1600; 3510.2800; 3510.2900; 3510.3000; 
 22.16  3510.3200; 3510.3400; 3510.3500; 3510.3600; 3510.3700; 
 22.17  3510.3800; 3510.7200; 3510.7300; 3510.7400; 3510.7500; 
 22.18  3510.7600; 3510.7700; 3510.7900; 3510.8000; 3510.8100; 
 22.19  3510.8200; 3510.8300; 3510.8400; 3510.8500; 3510.8600; 
 22.20  3510.8700; 3510.9000; 3510.9100; chapters 3515, 3517.0100; 
 22.21  3517.0120; 3517.3150; 3517.3170; 3517.3420; 3517.3450; 
 22.22  3517.3500; 3517.3650; 3517.4000; 3517.4100; 3517.4200; 
 22.23  3517.8500; 3517.8600;, and 3560, are repealed. 
 22.24     (d) Minnesota Rules, parts 3500.0710; 3500.1060; 3500.1075; 
 22.25  3500.1100; 3500.1150; 3500.1200; 3500.1500; 3500.1600; 
 22.26  3500.1900; 3500.2000; 3500.2020; 3500.2100; 3500.2900; 
 22.27  3500.5010; 3500.5020; 3500.5030; 3500.5040; 3500.5050; 
 22.28  3500.5060; 3500.5070; 3505.2700; 3505.2800; 3505.2900; 
 22.29  3505.3000; 3505.3100; 3505.3200; 3505.3300; 3505.3400; 
 22.30  3505.3500; 3505.3600; 3505.3700; 3505.3800; 3505.3900; 
 22.31  3505.4000; 3505.4100; 3505.4200; 3505.4400; 3505.4500; 
 22.32  3505.4600; 3505.4700; 3505.5100; 8700.2900; 8700.3000; 
 22.33  8700.3110; 8700.3120; 8700.3200; 8700.3300; 8700.3400; 
 22.34  8700.3500; 8700.3510; 8700.3600; 8700.3700; 8700.3810; 
 22.35  8700.3900; 8700.4000; 8700.4100; 8700.4300; 8700.4400; 
 22.36  8700.4500; 8700.4600; 8700.4710; 8700.4800; 8700.4901; 
 23.1   8700.4902; 8700.5100; 8700.5200; 8700.5300; 8700.5310; 
 23.2   8700.5311; 8700.5500; 8700.5501; 8700.5502; 8700.5503; 
 23.3   8700.5504; 8700.5505; 8700.5506; 8700.5507; 8700.5508; 
 23.4   8700.5509; 8700.5510; 8700.5511; 8700.5512; 8700.5800; 
 23.5   8700.6310; 8700.6900; 8700.7010; 8700.7700; 8700.7710; 
 23.6   8700.8000; 8700.8010; 8700.8020; 8700.8030; 8700.8040; 
 23.7   8700.8050; 8700.8060; 8700.8070; 8700.8080; 8700.8090; 
 23.8   8700.8110; 8700.8120; 8700.8130; 8700.8140; 8700.8150; 
 23.9   8700.8160; 8700.8170; 8700.8180; 8700.8190; 8750.0200; 
 23.10  8750.0220; 8750.0240; 8750.0260; 8750.0300; 8750.0320; 
 23.11  8750.0330; 8750.0350; 8750.0370; 8750.0390; 8750.0410; 
 23.12  8750.0430; 8750.0460; 8750.0500; 8750.0520; 8750.0600; 
 23.13  8750.0620; 8750.0700; 8750.0720; 8750.0740; 8750.0760; 
 23.14  8750.0780; 8750.0800; 8750.0820; 8750.0840; 8750.0860; 
 23.15  8750.0880; 8750.0890; 8750.0900; 8750.0920; 8750.1000; 
 23.16  8750.1100; 8750.1120; 8750.1200; 8750.1220; 8750.1240; 
 23.17  8750.1260; 8750.1280; 8750.1300; 8750.1320; 8750.1340; 
 23.18  8750.1360; 8750.1380; 8750.1400; 8750.1420; 8750.1440; 
 23.19  8750.1500; 8750.1520; 8750.1540; 8750.1560; 8750.1580; 
 23.20  8750.1600; 8750.1700; 8750.1800; 8750.1820; 8750.1840; 
 23.21  8750.1860; 8750.1880; 8750.1900; 8750.1920; 8750.1930; 
 23.22  8750.1940; 8750.1960; 8750.1980; 8750.2000; 8750.2020; 
 23.23  8750.2040; 8750.2060; 8750.2080; 8750.2100; 8750.2120; 
 23.24  8750.2140; 8750.4000; 8750.4100; 8750.4200; 8750.9000; 
 23.25  8750.9100; 8750.9200; 8750.9300; 8750.9400; 8750.9500; 
 23.26  8750.9600; and 8750.9700, are repealed. 
 23.27     (e) Minnesota Rules, parts 3510.0100; 3510.0200; 3510.0400; 
 23.28  3510.0500; 3510.0600; 3510.0800; 3510.1100; 3510.1200; 
 23.29  3510.1300; 3510.1400; 3510.1500; 3510.1600; 3510.2800; 
 23.30  3510.2900; 3510.3000; 3510.3200; 3510.3400; 3510.3500; 
 23.31  3510.3600; 3510.3700; 3510.3800; 3510.7200; 3510.7300; 
 23.32  3510.7400; 3510.7500; 3510.7600; 3510.7700; 3510.7900; 
 23.33  3510.8000; 3510.8500; 3510.8600; 3510.8700; 3510.9000; 
 23.34  3510.9100; 3517.0100; and 3517.0120, are repealed. 
 23.35     Sec. 3.  Laws 1993, chapter 224, article 12, section 41, is 
 23.36  amended to read: 
 24.1      Sec. 41.  [EFFECTIVE DATE.] 
 24.2      Sections 22 to 25 are effective July 1, 1995. 
 24.3      Section 32, paragraph (b), is effective July 1, 1995.  
 24.4   Section 32, paragraph (c), is effective August 1, 1996. 
 24.5      Section 39, paragraph (b), is effective August 1, 1994.  
 24.6   Section 39, paragraph (c), is effective July 1, 1995.  Section 
 24.7   39, paragraph (d), is effective August 1, 1996.  Section 39, 
 24.8   paragraph (e), is effective July 1, 1996. 
 24.9                              ARTICLE 9 
 24.10                             LIBRARIES 
 24.11     Section 1.  Minnesota Statutes 1994, section 134.155, is 
 24.12  amended to read: 
 24.13     134.155 [LIBRARIANS OF COLOR PROGRAM.] 
 24.14     Subdivision 1.  [DEFINITION.] For purposes of this section, 
 24.15  "people of color" means permanent United States residents who 
 24.16  are African-American, American Indian or Alaskan native, Asian 
 24.17  or Pacific Islander, or Hispanic. 
 24.18     Subd. 2.  [GRANTS.] The commissioner of education, in 
 24.19  consultation with the multicultural advisory committee 
 24.20  established in section 126.82, shall award grants for 
 24.21  professional development programs to recruit and educate people 
 24.22  of color in the field of library science or information 
 24.23  management.  Grant applicants must be a public library 
 24.24  jurisdiction with a growing minority population working in 
 24.25  collaboration with an accredited institution of higher education 
 24.26  with a library education program in the state of Minnesota. 
 24.27     Subd. 3.  [PROGRAM REQUIREMENTS.] (a) A grant recipient 
 24.28  shall recruit people of color to be librarians library staff in 
 24.29  public libraries and provide support in linking program 
 24.30  participants with jobs in the recipient's library jurisdiction. 
 24.31     (b) A grant recipient shall establish an advisory council 
 24.32  composed of representatives of communities of color. 
 24.33     (c) A grant recipient, with the assistance of the advisory 
 24.34  council, shall recruit high school students, undergraduate 
 24.35  students, or other persons; support them through the higher 
 24.36  education application and admission process; advise them while 
 25.1   enrolled; and link them with support resources in the college or 
 25.2   university and the community.  
 25.3      (d) A grant recipient shall award stipends to people of 
 25.4   color enrolled in an accredited a library education program to 
 25.5   help cover the costs of tuition, student fees, supplies, and 
 25.6   books.  Stipend awards must be based upon a student's financial 
 25.7   need and students must apply for any additional financial aid 
 25.8   for which they are eligible to supplement this program.  No more 
 25.9   than ten percent of the grant may be used for costs of 
 25.10  administering the program.  Students must agree to work in the 
 25.11  grantee library jurisdiction for at least two years after 
 25.12  graduation if the student acquires a master's degree and at 
 25.13  least three years after graduation if the student acquires both 
 25.14  a bachelor's and a master's degree while participating in the 
 25.15  program.  If no full-time position is available in the library 
 25.16  jurisdiction, the student may fulfill the work requirement in 
 25.17  another Minnesota public library.  
 25.18     (e) The commissioner of education shall consider the 
 25.19  following criteria in awarding grants:  
 25.20     (1) whether the program is likely to increase the 
 25.21  recruitment and retention of persons of color in librarianship; 
 25.22     (2) whether grant recipients will establish or have a 
 25.23  mentoring program for persons of color; and 
 25.24     (3) whether grant recipients will provide a library 
 25.25  internship for persons of color while participating in this 
 25.26  program.  
 25.27     Sec. 2.  Minnesota Statutes 1994, section 134.351, 
 25.28  subdivision 4, is amended to read: 
 25.29     Subd. 4.  [GOVERNANCE.] (a) In any area where the 
 25.30  boundaries of a proposed multicounty, multitype library system 
 25.31  coincide with the boundaries of the regional library system or 
 25.32  district, the regional library system or district board shall be 
 25.33  designated as the governing board for the multicounty, multitype 
 25.34  library system.  In any area where a proposed multicounty, 
 25.35  multitype library system encompasses more than one regional 
 25.36  library system or district, the governing board of the 
 26.1   multicounty, multitype library system shall consist of nine 
 26.2   members appointed by the cooperating regional library system or 
 26.3   district boards from their own membership in proportion to the 
 26.4   population served by each cooperating regional library system or 
 26.5   district.  In each multicounty, multitype library system there 
 26.6   shall be established an advisory committee consisting of two 
 26.7   representatives of public libraries, two representatives of 
 26.8   school media services, one representative of special libraries, 
 26.9   one representative of public supported academic libraries, and 
 26.10  one representative of private academic libraries.  The advisory 
 26.11  committee shall recommend needed policy to the system governing 
 26.12  board. 
 26.13     (b) Upon recommendation from its advisory committee, a 
 26.14  multitype library cooperation system governing board may choose 
 26.15  to reconstitute the governance of the multitype system by the 
 26.16  creation of a combined board which replaces the previous 
 26.17  governing board and advisory committee.  A combined board shall 
 26.18  consist of five or seven citizens, not employed in library or 
 26.19  information services, and four library or information service 
 26.20  workers.  The constituent regional public library system boards 
 26.21  shall select the citizen members from the at-large population of 
 26.22  the region.  In any area where a multicounty, multitype library 
 26.23  system encompasses more than one regional public library system, 
 26.24  cooperating regional system boards shall appoint citizen members 
 26.25  of the combined board members in proportion to the population of 
 26.26  each cooperating regional system.  The combined board members 
 26.27  who are library and information workers shall be selected, one 
 26.28  from each type of library:  academic, public, school, and 
 26.29  special.  Governing board members of the combined board shall 
 26.30  serve two-year terms for no more than three successive terms 
 26.31  with the members of the first combined board serving one- and 
 26.32  two-year terms as determined by lot with a simple majority 
 26.33  serving for two years.  Elections shall be pursuant to the 
 26.34  adopted bylaws of the multitype system and may provide 
 26.35  additional requirements to those in this section.  New combined 
 26.36  governing boards shall take effect at the beginning of the 
 27.1   fiscal year, July 1, and shall continue the authority, 
 27.2   ownership, and obligations of the previously constituted 
 27.3   multitype system in its region. 
 27.4      
 27.5                              ARTICLE 10
 27.6                            STATE AGENCIES
 27.7      Section 1.  Minnesota Statutes 1994, section 128A.02, 
 27.8   subdivision 1, is amended to read: 
 27.9      Subdivision 1.  [TO MANAGE GOVERN.] The state board of 
 27.10  education must manage shall govern the state academy for the 
 27.11  deaf and the state academy for the blind.  
 27.12     Sec. 2.  Minnesota Statutes 1994, section 128A.02, 
 27.13  subdivision 3, is amended to read: 
 27.14     Subd. 3.  [MOST BENEFICIAL, LEAST RESTRICTIVE.] The state 
 27.15  board must do what is necessary to provide the most beneficial 
 27.16  and least restrictive program of education for each pupil at the 
 27.17  academies who is handicapped by visual disability or hearing 
 27.18  impairment deafness.  
 27.19     Sec. 3.  Minnesota Statutes 1994, section 128A.02, is 
 27.20  amended by adding a subdivision to read: 
 27.21     Subd. 3b.  [PLANNING EVALUATION AND REPORTING.] The 
 27.22  academies must comply with the provisions of section 126.666, 
 27.23  subdivisions 1, 2, 3, and 4.  The site councils created in 
 27.24  subdivision 5 shall function as the curriculum advisory 
 27.25  committee. 
 27.26     Sec. 4.  Minnesota Statutes 1994, section 128A.02, 
 27.27  subdivision 5, is amended to read: 
 27.28     Subd. 5.  [ADVISORY COUNCIL SITE COUNCILS.] The state board 
 27.29  must have shall establish, and appoint members to, an advisory 
 27.30  council on management policies at the state academies a site 
 27.31  council at each academy.  The site councils shall exercise power 
 27.32  and authority granted by the state board. 
 27.33     Sec. 5.  Minnesota Statutes 1994, section 128A.021, is 
 27.34  amended to read: 
 27.35     128A.021 [RESOURCE CENTER:  HEARING AND VISUALLY 
 27.36  IMPAIRED CENTERS; DEAF OR HARD OF HEARING AND BLIND OR VISUALLY 
 28.1   IMPAIRED.] 
 28.2      Subdivision 1.  [ALSO FOR MULTIPLY DISABLED.] A resource 
 28.3   center Resource centers for the hearing-impaired, visually 
 28.4   impaired, and deaf or hard of hearing, and the blind or visually 
 28.5   impaired, each also serving multiply disabled pupils is, are 
 28.6   established at the state academies department of education. 
 28.7      Subd. 2.  [PROGRAMS.] The resource center centers must 
 28.8   offer summer institutes and like programs throughout the state 
 28.9   for hearing-impaired, visually impaired deaf or hard of hearing, 
 28.10  blind or visually impaired, and multiply disabled pupils.  The 
 28.11  resource center centers must also offer workshops for teachers, 
 28.12  and leadership development for teachers. 
 28.13     A program offered through the resource center centers must 
 28.14  promote and develop education programs offered by school 
 28.15  districts or other organizations.  The program must assist 
 28.16  school districts or other organizations to develop innovative 
 28.17  programs. 
 28.18     Subd. 3.  [PROGRAMS BY NONPROFITS.] The resource center 
 28.19  centers may contract to have nonprofit organizations provide 
 28.20  programs through the resource center centers. 
 28.21     Subd. 4.  [ADVISORY COUNCIL COUNCILS.] The advisory council 
 28.22  for the academies is the advisory council for the resource 
 28.23  center. The state board shall establish and appoint members to 
 28.24  an advisory council for each resource center.  The advisory 
 28.25  councils shall exercise power and authority granted by the state 
 28.26  board. 
 28.27     Sec. 6.  Minnesota Statutes 1994, section 128A.022, 
 28.28  subdivision 1, is amended to read: 
 28.29     Subdivision 1.  [PERSONNEL.] The state board of education 
 28.30  may employ central administrative staff members and other 
 28.31  personnel necessary to provide and support programs and services 
 28.32  in at each academy.  
 28.33     Sec. 7.  Minnesota Statutes 1994, section 128A.022, 
 28.34  subdivision 6, is amended to read: 
 28.35     Subd. 6.  [STUDENT TEACHERS AND PROFESSIONAL TRAINEES.] (a) 
 28.36  The state board may enter into agreements with teacher-preparing 
 29.1   teacher preparation institutions for student teachers to get 
 29.2   practical experience at the academies.  A licensed teacher must 
 29.3   provide appropriate supervision of each student teacher.  
 29.4      (b) The state board may enter into agreements with 
 29.5   accredited higher education institutions for certain student 
 29.6   trainees to get practical experience at the academies.  The 
 29.7   students must be preparing themselves in a professional field 
 29.8   that provides special services to children with a disability in 
 29.9   school programs.  To be a student trainee in a field, a person 
 29.10  must have completed at least two years of an approved program in 
 29.11  the field.  A person who is licensed or registered in the field 
 29.12  must provide appropriate supervision of each student trainee.  
 29.13     Sec. 8.  Minnesota Statutes 1994, section 128A.024, 
 29.14  subdivision 4, is amended to read: 
 29.15     Subd. 4.  [EDUCATION WITH PUPILS WITHOUT A DISABILITY.] The 
 29.16  academies must provide opportunities for their pupils to be 
 29.17  educated with pupils without a disability.  A pupil's 
 29.18  opportunities must be consistent with the pupil's individual 
 29.19  education plan or individual family service plan and assessment. 
 29.20     Sec. 9.  Minnesota Statutes 1994, section 128A.025, 
 29.21  subdivision 1, is amended to read: 
 29.22     Subdivision 1.  [ACADEMIES' ADMINISTRATOR.] The position of 
 29.23  the residential academies' chief administrator at each academy 
 29.24  is in the unclassified service.  
 29.25     Sec. 10.  Minnesota Statutes 1994, section 128A.025, 
 29.26  subdivision 2, is amended to read: 
 29.27     Subd. 2.  [TEACHER STANDARDS.] A teacher or administrator 
 29.28  at the academies is subject to the licensure standards of the 
 29.29  board of teaching and or the state board of education.  
 29.30     Sec. 11.  Minnesota Statutes 1994, section 128A.026, is 
 29.31  amended to read: 
 29.32     128A.026 [STATE BOARD RULES ADOPTED PROCEDURES.] 
 29.33     Subdivision 1.  [SUBJECTS.] The rules of the state board of 
 29.34  education authorized in section 128A.02 must establish 
 29.35  procedures for:  
 29.36     (1) admission, including short-term admission, to the 
 30.1   academies; 
 30.2      (2) discharge from the academies; 
 30.3      (3) decisions on a pupil's program at the academies; and 
 30.4      (4) evaluation of a pupil's progress at the academies.  
 30.5      Subd. 2.  [MINIMUM CONTENT.] The discharge procedures must 
 30.6   include reasonable notice to the child's district of residence.  
 30.7   The procedures set out in the rules must guarantee a pupil and 
 30.8   the pupil's parent or guardian appropriate safeguards.  The 
 30.9   safeguards must include a review of the placement determination 
 30.10  made under sections 120.17 and 128A.05 and the right to 
 30.11  participate in educational program decisions.  
 30.12     Subd. 3.  [NOT CONTESTED CASE.] A proceeding about 
 30.13  admission to or discharge from the academies or about a pupil's 
 30.14  program or progress at the academies is not a contested case 
 30.15  under section 14.02.  The proceeding is governed instead by the 
 30.16  rules of the state board described in this section governing 
 30.17  special education.  
 30.18     Sec. 12.  Minnesota Statutes 1994, section 128A.05, 
 30.19  subdivision 1, is amended to read: 
 30.20     Subdivision 1.  [TWO KINDS.] There are two kinds of 
 30.21  admission to the academies.  
 30.22     (a) A pupil who is deaf or hearing-impaired, hard of 
 30.23  hearing, or blind-deaf, may be admitted to the academy for the 
 30.24  deaf.  A pupil who is visually blind or visually impaired, 
 30.25  blind-deaf, or multiply handicapped may be admitted to the 
 30.26  academy for the blind.  For a pupil to be admitted, two 
 30.27  decisions must be made under section 120.17. 
 30.28     (1) It must be decided by the individual education planning 
 30.29  team that education in regular or special education classes in 
 30.30  the pupil's district of residence cannot be achieved 
 30.31  satisfactorily because of the nature and severity of the hearing 
 30.32  deafness or visual blindness or visual impairment respectively. 
 30.33     (2) It must be decided by the individual education planning 
 30.34  team that the academy provides the most appropriate placement 
 30.35  within the least restrictive alternative for the pupil.  
 30.36     (b) A deaf or hearing-impaired hard of hearing child or a 
 31.1   visually impaired pupil may be admitted to get socialization 
 31.2   skills or on a short-term basis for skills development.  
 31.3      Sec. 13.  Minnesota Statutes 1994, section 128A.05, 
 31.4   subdivision 2, is amended to read: 
 31.5      Subd. 2.  [MULTIPLY HANDICAPPED.] This section does not 
 31.6   prevent a pupil with handicaps in addition to being 
 31.7      (1) deaf or hearing-impaired hard of hearing, or 
 31.8      (2) blind or visually impaired 
 31.9   from attending the academy for the deaf or the academy for the 
 31.10  blind, respectively.  
 31.11     Sec. 14.  [REPEALER.] 
 31.12     Minnesota Statutes 1994, sections 128A.02, subdivisions 2 
 31.13  and 4; and 128A.03, are repealed.