HF 896

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; providing for prekindergarten
through grade 12 education and early childhood and
families, including general education, education
excellence, special education, facilities and
technology, early childhood family support, and
prevention; providing for rulemaking; amending
Minnesota Statutes 2004, sections 119A.46,
subdivisions 1, 2, 3, 8; 120B.11, subdivisions 1, 2,
3, 4, 5, 8; 121A.06, subdivisions 2, 3; 121A.53;
122A.06, subdivision 4; 122A.09, subdivision 4;
122A.18, subdivision 2a; 123A.05, subdivision 2;
123B.143, subdivision 1; 123B.49, subdivision 4;
123B.59, subdivisions 3, 3a; 123B.63, subdivision 2;
123B.71, subdivisions 8, 12; 123B.75, by adding a
subdivision; 123B.76, subdivision 3; 123B.79,
subdivision 6; 123B.81, subdivision 1; 123B.82;
123B.83, subdivision 2; 124D.095, subdivision 8;
124D.10, subdivision 4; 124D.11, subdivisions 1, 6;
124D.135, subdivision 5; 124D.16, subdivision 3;
124D.68, subdivision 9; 124D.69, subdivision 1;
124D.74, subdivision 1; 124D.81, subdivision 1;
124D.84, subdivision 1; 125A.24; 125A.28; 126C.01,
subdivision 11; 126C.05, by adding a subdivision;
126C.15, subdivisions 1, 2, by adding a subdivision;
126C.21, subdivision 4; 126C.48, subdivisions 2, 8;
127A.49, subdivision 3; 134.31, by adding a
subdivision; 275.14; 275.16; 469.177, subdivision 9;
proposing coding for new law in Minnesota Statutes,
chapter 127A; repealing Minnesota Statutes 2004,
sections 123B.83, subdivision 1; 126C.42, subdivisions
1, 4.

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

ARTICLE 1

GENERAL EDUCATION

Section 1.

Minnesota Statutes 2004, section 123A.05,
subdivision 2, is amended to read:

Subd. 2.

Reserve revenue.

Each district that is a member
of an area learning center must reserve revenue in an amount
equal to new text begin the sum of (1) new text end at least 90 percent of the district
average general education revenue per pupil unit minus an amount
equal to the product of the formula allowance according to
section 126C.10, subdivision 2, times .0485, calculated without
basic skills revenue deleted text begin , deleted text end new text begin and new text end transportation sparsity revenue, deleted text begin and
the transportation portion of the transition revenue adjustment,
deleted text end times the number of pupil units attending an area learning
center program under this section new text begin , plus (2) the amount of basic
skills revenue generated by pupils attending the area learning
center new text end . The amount of reserved revenue under this subdivision
may only be spent on program costs associated with the area
learning center. deleted text begin Compensatory revenue must be allocated
according to section 126C.15, subdivision 2.
deleted text end

Sec. 2.

Minnesota Statutes 2004, section 123B.49,
subdivision 4, is amended to read:

Subd. 4.

Board control of extracurricular activities.

(a) The board may take charge of and control all extracurricular
activities of the teachers and children of the public schools in
the district. Extracurricular activities means all direct and
personal services for pupils for their enjoyment that are
managed and operated under the guidance of an adult or staff
member. The board shall allow all resident pupils receiving
instruction in a home school as defined in section 123B.36,
subdivision 1, paragraph (a), to be eligible to fully
participate in extracurricular activities on the same basis as
public school students.

(b) Extracurricular activities have all of the following
characteristics:

(1) they are not offered for school credit nor required for
graduation;

(2) they are generally conducted outside school hours, or
if partly during school hours, at times agreed by the
participants, and approved by school authorities;

(3) the content of the activities is determined primarily
by the pupil participants under the guidance of a staff member
or other adult.

(c) If the board does not take charge of and control
extracurricular activities, these activities shall be
self-sustaining with all expenses, except direct salary costs
and indirect costs of the use of school facilities, met by dues,
admissions, or other student fund-raising events. The general
fund must reflect only those salaries directly related to and
readily identified with the activity and paid by public funds.
Other revenues and expenditures for extra curricular activities
must be recorded according to the deleted text begin "Manual of Instruction for
Uniform Student Activities Accounting for Minnesota School
Districts and Area Vocational-Technical Colleges." deleted text end new text begin Manual for
Activity Fund Accounting. new text end Extracurricular activities not under
board control must have an annual financial audit and must also
be audited annually for compliance with this section.

(d) If the board takes charge of and controls
extracurricular activities, any or all costs of these activities
may be provided from school revenues and all revenues and
expenditures for these activities shall be recorded in the same
manner as other revenues and expenditures of the district.

(e) If the board takes charge of and controls
extracurricular activities, the teachers or pupils in the
district must not participate in such activity, nor shall the
school name or any allied name be used in connection therewith,
except by consent and direction of the board.

Sec. 3.

Minnesota Statutes 2004, section 123B.75, is
amended by adding a subdivision to read:

new text begin Subd. 4a. new text end

new text begin Taconite revenue. new text end

new text begin Taconite revenue received in
a calendar year by a school district under section 298.28,
subdivisions 4, paragraphs (b) and (c), and 11, paragraph (d),
is fully recognized in the fiscal year in which the February
payment falls.
new text end

Sec. 4.

Minnesota Statutes 2004, section 123B.76,
subdivision 3, is amended to read:

Subd. 3.

Expenditures by building.

(a) For the purposes
of this section, "building" means education site as defined in
section 123B.04, subdivision 1.

(b) Each district shall maintain separate accounts to
identify general fund expenditures deleted text begin , excluding capital
expenditures and pupil transportation, deleted text end for each building. All
expenditures for regular instruction, secondary vocational
instruction, and school administration must be reported to the
department separately for each building. All expenditures for
special education instruction, instructional support services,
and pupil support services provided within a specific building
must be reported to the department separately for each
building. Salary expenditures reported by building must reflect
actual salaries for staff at the building and must not be based
on districtwide averages. All other general fund expenditures
may be reported new text begin by building or new text end on a districtwide basis.

(c) The department must annually report information showing
school district general fund expenditures per pupil by program
category for each building and estimated school district general
fund revenue generated by pupils attending each building on its
Web site. For purposes of this report:

(1) expenditures not deleted text begin required to be deleted text end reported by building
shall be allocated among buildings on a uniform per pupil basis;

(2) basic skills revenue shall be allocated according to
section 126C.10, subdivision 4;

(3) secondary sparsity revenue and elementary sparsity
revenue shall be allocated according to section 126C.10,
subdivisions 7 and 8;

(4) other general education revenue shall be allocated on a
uniform per pupil unit basis;

(5) first grade preparedness aid shall be allocated
according to section 124D.081;

(6) state and federal special education aid and Title I aid
shall be allocated in proportion to district expenditures for
these programs by building; and

(7) other general fund revenues shall be allocated on a
uniform per pupil basis, except that the department may allocate
other revenues attributable to specific buildings directly to
those buildings.

Sec. 5.

Minnesota Statutes 2004, section 123B.79,
subdivision 6, is amended to read:

Subd. 6.

Account transfer for statutory operating debt.

On June 30 of each year, a district may make a permanent
transfer from the general fund account entitled " deleted text begin undesignated
deleted text end new text begin net unreserved general new text end fund balance since statutory operating
debt" to the account entitled "reserved fund balance reserve
account for purposes of statutory operating debt reduction."
The amount of the transfer is limited to the lesser of (a) the
net deleted text begin undesignated operating deleted text end new text begin unreserved general new text end fund balance, or
(b) the sum of the remaining statutory operating debt levies
authorized for all future years according to section 126C.42,
subdivision 1. If the net deleted text begin undesignated operating deleted text end new text begin unreserved
general new text end fund balance is less than zero, the district may not
make a transfer.

Sec. 6.

Minnesota Statutes 2004, section 123B.81,
subdivision 1, is amended to read:

Subdivision 1.

Operating debt.

The "operating debt" of a
school district means the net negative deleted text begin undesignated deleted text end new text begin unreserved
general new text end fund balance deleted text begin in all school district funds, other than
capital expenditure, building construction, debt service, and
trust and agency, deleted text end calculated as of June 30 of each year in
accordance with the uniform financial accounting and reporting
standards for Minnesota school districts.

Sec. 7.

Minnesota Statutes 2004, section 123B.82, is
amended to read:

123B.82 REORGANIZATION OPERATING DEBT.

The "reorganization operating debt" of a school district
means the net negative deleted text begin undesignated deleted text end new text begin unreserved new text end fund deleted text begin balance
deleted text end new text begin balances new text end in all school district funds, other than building
construction, debt redemption, and trust and agency, calculated
in accordance with the uniform financial accounting and
reporting standards for Minnesota school districts as of:

(1) June 30 of the fiscal year before the first year that a
district receives revenue according to section 123A.39,
subdivision 3; or

(2) June 30 of the fiscal year before the effective date of
reorganization according to section 123A.46 or 123A.48.

Sec. 8.

Minnesota Statutes 2004, section 123B.83,
subdivision 2, is amended to read:

Subd. 2.

deleted text begin undesignated deleted text end new text begin unreserved new text end fund balances.

deleted text begin Beginning in fiscal year 1978 and each year thereafter, any deleted text end new text begin A
school new text end district deleted text begin not subject to the provisions of subdivision 1
deleted text end must limit its expenditures so that its deleted text begin undesignated deleted text end new text begin net
unreserved general new text end fund deleted text begin balances do deleted text end new text begin balance does new text end not constitute
statutory operating debt as defined in section 126C.42.

Sec. 9.

Minnesota Statutes 2004, section 124D.68,
subdivision 9, is amended to read:

Subd. 9.

Enrollment verification.

(a) For a pupil
attending an eligible program full time under subdivision 3,
paragraph (d), the department must pay 90 percent of the
district's average general education revenue less basic skills
revenue to the eligible program and ten percent of the
district's average general education revenue less basic skills
revenue to the contracting district within 30 days after the
eligible program verifies enrollment using the form provided by
the department. For a pupil attending an eligible program part
time, revenue new text begin , excluding compensatory revenue, new text end shall be reduced
proportionately, according to the amount of time the pupil
attends the program, and the payments to the eligible program
and the contracting district shall be reduced accordingly. A
pupil for whom payment is made according to this section may not
be counted by any district for any purpose other than
computation of general education revenue. If payment is made
for a pupil under this subdivision, a district shall not
reimburse a program under section 124D.69 for the same
pupil. new text begin The new text end basic skills revenue deleted text begin shall be paid deleted text end new text begin generated by
pupils attending the eligible program new text end according to section
126C.10, subdivision 4 new text begin , shall be paid to the eligible program new text end .

(b) The department must pay up to 100 percent of the
revenue to the eligible program if there is an agreement to that
effect between the school district and the eligible program.

(c) Notwithstanding paragraphs (a) and (b), for an eligible
program that provides chemical treatment services to students,
the department must pay 100 percent of the revenue to the
eligible program.

Sec. 10.

Minnesota Statutes 2004, section 124D.69,
subdivision 1, is amended to read:

Subdivision 1.

Aid.

If a pupil enrolls in an alternative
program, eligible under section 124D.68, subdivision 3,
paragraph (d), or subdivision 4, operated by a private
organization that has contracted with a school district to
provide educational services for eligible pupils under section
124D.68, subdivision 2, the district contracting with the
private organization must reimburse the provider an amount equal
to new text begin the sum of (1) new text end at least 95 percent of the district's average
general education less basic skills revenue per pupil unit times
the number of pupil units for pupils attending the program deleted text begin . deleted text end new text begin , and
(2) the amount of new text end basic skills revenue deleted text begin shall be paid deleted text end new text begin generated
by pupils attending the program new text end according to section 126C.10,
subdivision 4. deleted text begin Compensatory revenue must be allocated according
to section 126C.15, subdivision 2. deleted text end For a pupil attending the
program part time, the revenue paid to the program new text begin , excluding
compensatory revenue, new text end must be reduced proportionately, according
to the amount of time the pupil attends the program, and revenue
paid to the district shall be reduced accordingly. Pupils for
whom a district provides reimbursement may not be counted by the
district for any purpose other than computation of general
education revenue. If payment is made to a district or program
for a pupil under this section, the department must not make a
payment for the same pupil under section 124D.68, subdivision 9.
new text begin Notwithstanding sections 125A.15, 125A.51, and 125A.515, general
education revenue for a student who receives educational
services under this section shall be paid according to this
section.
new text end

Sec. 11.

Minnesota Statutes 2004, section 126C.01,
subdivision 11, is amended to read:

Subd. 11.

Net deleted text begin unappropriated operating deleted text end new text begin unreserved general
new text end fund balance.

"Net deleted text begin unappropriated operating deleted text end new text begin unreserved general
new text end fund balance" means the sum of the new text begin unreserved general new text end fund
deleted text begin balances in the general, food service, and community service
funds minus the balances reserved for statutory operating debt
reduction, bus purchase, severance pay, taconite, unemployment
benefits, maintenance levy reduction, operating capital,
disabled access, health and safety, deleted text end new text begin balance new text end and encumbrances,
computed as of June 30 each year.

Sec. 12.

Minnesota Statutes 2004, section 126C.05, is
amended by adding a subdivision to read:

new text begin Subd. 20. new text end

new text begin Project-based average daily membership. new text end

new text begin (a) To
receive general education revenue for a pupil enrolled in a
public school with a project-based program, a school must meet
the requirements in this paragraph. The school must:
new text end

new text begin (1) register with the commissioner as a project-based
program by May 30 of the preceding fiscal year;
new text end

new text begin (2) provide a minimum teacher contact of no less than one
hour per week per project-based credit for each pupil;
new text end

new text begin (3) maintain a record system that shows when each credit or
portion thereof was reported for membership for each pupil; and
new text end

new text begin (4) report pupil membership consistent with paragraph (b).
new text end

new text begin (b) The commissioner must develop a formula for reporting
pupil membership to compute average daily membership for each
registered project-based school. Average daily membership for a
pupil in a registered project-based program is the lesser of:
new text end

new text begin (1) 1.0; or
new text end

new text begin (2) the ratio of (i) the number of membership hours
generated by project-based credits completed during the school
year plus membership hours generated by credits completed in a
seat-based setting to (ii) the annual required instructional
hours at that grade level. Membership hours for a partially
completed project-based credit must be prorated.
new text end

Sec. 13.

Minnesota Statutes 2004, section 126C.21,
subdivision 4, is amended to read:

Subd. 4.

Taconite deductions.

deleted text begin (1) Notwithstanding any
provisions of any other law to the contrary, the adjusted net
tax capacity used in calculating general education aid may
include only that property that is currently taxable in the
district.
deleted text end

deleted text begin (2) deleted text end For districts that deleted text begin received payments deleted text end new text begin have revenue new text end under
sections 298.018; 298.225; new text begin 229.24 to new text end 298.28 new text begin , excluding 298.26
and 298.28, subdivision 4, paragraph (d) new text end ; 298.34 to 298.39;
298.391 to 298.396; deleted text begin and deleted text end 298.405 new text begin ; and 477A.15 new text end , any law imposing a
tax upon severed mineral values; deleted text begin or recognized revenue under
section 477A.15; deleted text end the general education aid must be reduced in
the final adjustment payment by new text begin (1) new text end the deleted text begin difference between the
dollar deleted text end amount of the deleted text begin payments received deleted text end new text begin revenue recognized
new text end pursuant to those sections deleted text begin , or revenue recognized under section
477A.15 in deleted text end new text begin for new text end the fiscal year to which the final adjustment is
attributable deleted text begin and deleted text end new text begin , less (2) new text end the amount that was calculated,
pursuant to section 126C.48, subdivision 8, as a reduction of
the levy attributable to the fiscal year to which the final
adjustment is attributable. If the final adjustment of a
district's general education aid for a fiscal year is a negative
amount because of this deleted text begin clause deleted text end new text begin subdivision new text end , the next fiscal
year's general education aid to that district must be reduced by
this negative amount in the following manner: there must be
withheld from each scheduled general education aid payment due
the district in such fiscal year, 15 percent of the total
negative amount, until the total negative amount has been
withheld. The amount reduced from general education aid
pursuant to this deleted text begin clause deleted text end new text begin subdivision new text end must deleted text begin be recognized as deleted text end new text begin reduce
new text end revenue in the fiscal year to which the final adjustment payment
is attributable.

Sec. 14.

Minnesota Statutes 2004, section 126C.48,
subdivision 2, is amended to read:

Subd. 2.

Notice to commissioner; forms.

By October 7 of
each year each district must notify the commissioner of the
proposed levies in compliance with the levy limitations of this
chapter and chapters 120B, 122A, 123A, 123B, 124D, 125A, 127A,
and 136D. By January deleted text begin 15 deleted text end new text begin 7 new text end of each year each district must
notify the commissioner of the final levies certified. The
commissioner shall prescribe the form of these notifications and
may request any additional information necessary to compute
certified levy amounts.

Sec. 15.

Minnesota Statutes 2004, section 126C.48,
subdivision 8, is amended to read:

Subd. 8.

Taconite payment and other reductions.

(1)
Reductions in levies pursuant to subdivision 1 must be made
prior to the reductions in clause (2).

(2) Notwithstanding any other law to the contrary,
districts deleted text begin which received payments deleted text end new text begin that have revenue new text end pursuant to
sections 298.018; 298.225; new text begin 298.24 to new text end 298.28, except an amount
distributed under deleted text begin section deleted text end new text begin sections 298.26; new text end 298.28, subdivision
4, deleted text begin paragraph deleted text end new text begin paragraphs new text end (c), clause (ii) new text begin , and (d) new text end ; 298.34 to
298.39; 298.391 to 298.396; 298.405; new text begin 477A.15; new text end and any law
imposing a tax upon severed mineral values deleted text begin ; or recognized
revenue under section 477A.15 must not include a portion of
these aids in their permissible levies pursuant to those
sections, but instead deleted text end must reduce the deleted text begin permissible deleted text end levies
authorized by this chapter and chapters 120B, 122A, 123A, 123B,
124A, 124D, 125A, and 127A by deleted text begin the greater of the following: deleted text end new text begin 95
percent of the previous year's revenue specified under this
clause.
new text end

deleted text begin (a) an amount equal to 50 percent of the total dollar
amount of the payments received pursuant to those sections or
revenue recognized under section 477A.15 in the previous fiscal
year; or
deleted text end

deleted text begin (b) an amount equal to the total dollar amount of the
payments received pursuant to those sections or revenue
recognized under section 477A.15 in the previous fiscal year
less the product of the same dollar amount of payments or
revenue times five percent.
deleted text end

deleted text begin For levy year 2002 only, 77 percent of the amounts
distributed under section 298.225 and 298.28, and 100 percent of
the amounts distributed under sections 298.018; 298.34 to
298.39; 298.391 to 298.396; 298.405; and any law imposing a tax
upon severed mineral values, or recognized revenue under section
477A.15, shall be used for purposes of the calculations under
this paragraph. For levy year 2003 only, the levy reductions
under this subdivision must be calculated as if section 298.28,
subdivision 4, paragraph (f), did not apply for the 2003
distribution.
deleted text end

(3) The amount of any voter approved referendum, facilities
down payment, and debt levies shall not be reduced by more than
50 percent under this subdivision. In administering this
paragraph, the commissioner shall first reduce the nonvoter
approved levies of a district; then, if any payments, severed
mineral value tax revenue or recognized revenue under paragraph
(2) remains, the commissioner shall reduce any voter approved
referendum levies authorized under section 126C.17; then, if any
payments, severed mineral value tax revenue or recognized
revenue under paragraph (2) remains, the commissioner shall
reduce any voter approved facilities down payment levies
authorized under section 123B.63 and then, if any payments,
severed mineral value tax revenue or recognized revenue under
paragraph (2) remains, the commissioner shall reduce any voter
approved debt levies.

(4) Before computing the reduction pursuant to this
subdivision of the health and safety levy authorized by sections
123B.57 and 126C.40, subdivision 5, the commissioner shall
ascertain from each affected school district the amount it
proposes to levy under each section or subdivision. The
reduction shall be computed on the basis of the amount so
ascertained.

(5) To the extent the levy reduction calculated under
paragraph (2) exceeds the limitation in paragraph (3), an amount
equal to the excess must be distributed from the school
district's distribution under sections 298.225, 298.28, and
477A.15 in the following year to the cities and townships within
the school district in the proportion that their taxable net tax
capacity within the school district bears to the taxable net tax
capacity of the school district for property taxes payable in
the year prior to distribution. No city or township shall
receive a distribution greater than its levy for taxes payable
in the year prior to distribution. The commissioner of revenue
shall certify the distributions of cities and towns under this
paragraph to the county auditor by September 30 of the year
preceding distribution. The county auditor shall reduce the
proposed and final levies of cities and towns receiving
distributions by the amount of their distribution.
Distributions to the cities and towns shall be made at the times
provided under section 298.27.

Sec. 16.

Minnesota Statutes 2004, section 127A.49,
subdivision 3, is amended to read:

Subd. 3.

Excess tax increment.

(a) If a return of excess
tax increment is made to a district pursuant to deleted text begin section deleted text end new text begin sections
new text end 469.176, subdivision 2, new text begin and 469.177, subdivision 9, new text end or upon
decertification of a tax increment district, the school
district's aid and levy limitations must be adjusted for the
fiscal year in which the excess tax increment is paid under the
provisions of this subdivision.

(b) An amount must be subtracted from the district's aid
for the current fiscal year equal to the product of:

(1) the amount of the payment of excess tax increment to
the district, times

(2) the ratio of:

(i) the sum of the amounts of the district's certified levy
for the fiscal year in which the excess tax increment is paid
according to the following:

(A) section 123B.57, if the district received health and
safety aid according to that section for the second preceding
year;

(B) section 124D.20, if the district received aid for
community education programs according to that section for the
second preceding year;

(C) section 124D.135, subdivision 3, if the district
received early childhood family education aid according to
section 124D.135 for the second preceding year; and

(D) section 126C.17, subdivision 6, if the district
received referendum equalization aid according to that section
for the second preceding year; to

(ii) the total amount of the district's certified levy for
the fiscal year, plus or minus auditor's adjustments.

(c) An amount must be subtracted from the school district's
levy limitation for the next levy certified equal to the
difference between:

(1) the amount of the distribution of excess increment; and

(2) the amount subtracted from aid pursuant to clause (a).

If the aid and levy reductions required by this subdivision
cannot be made to the aid for the fiscal year specified or to
the levy specified, the reductions must be made from aid for
subsequent fiscal years, and from subsequent levies. The school
district must use the payment of excess tax increment to replace
the aid and levy revenue reduced under this subdivision.

(d) This subdivision applies only to the total amount of
excess increments received by a district for a calendar year
that exceeds $25,000.

Sec. 17.

Minnesota Statutes 2004, section 275.14, is
amended to read:

275.14 CENSUS.

deleted text begin For the purposes of sections 275.124 to 275.16, the
population of a city shall be that established by the last
federal census, by a special census taken by the United States
Bureau of the Census, by an estimate made by the Metropolitan
Council, or by the state demographer made according to section
4A.02, whichever has the latest stated date of count or
estimate, before July 2 of the current levy year. deleted text end The
population of a school district must be as certified by the
Department of Education from the most recent federal census. In
any year in which no federal census is taken pursuant to law in
any school district affected by sections deleted text begin 275.124 to
275.16 deleted text end new text begin 124D.20 and 124D.531 new text end a population estimate may be made
and submitted to the state demographer for approval as
hereinafter provided. The school board of a school district, in
case it desires a population estimate, shall pass a resolution
by July 1 containing a current estimate of the population of the
school district and shall submit the resolution to the state
demographer. The resolution shall describe the criteria on
which the estimate is based and shall be in a form and
accompanied by the data prescribed by the state demographer.
The state demographer shall determine whether or not the
criteria and process described in the resolution provide a
reasonable basis for the population estimate and shall inform
the school district of that determination within 30 days of
receipt of the resolution. If the state demographer determines
that the criteria and process described in the resolution do not
provide a reasonable basis for the population estimate, the
resolution shall be of no effect. If the state demographer
determines that the criteria and process do provide a reasonable
basis for the population estimate, the estimate shall be treated
as the population of the school district for the purposes of
sections deleted text begin 275.124 to 275.16 deleted text end new text begin 124D.20 and 124D.531 new text end until the
population of the school district has been established by the
next federal census or until a more current population estimate
is prepared and approved as provided herein, whichever occurs
first. The state demographer shall establish guidelines for
acceptable population estimation criteria and processes. The
state demographer shall issue advisory opinions upon request in
writing to cities or school districts as to proposed criteria
and processes prior to their implementation in an estimation.
The advisory opinion shall be final and binding upon the
demographer unless the demographer can show cause why it should
not be final and binding.

In the event that a census tract employed in taking a
federal or local census overlaps two or more school districts,
the county auditor shall, on the basis of the best information
available, allocate the population of said census tract to the
school districts involved.

deleted text begin The term "council," as used in sections 275.124 to 275.16,
means any board or body, whether composed of one or more
branches, authorized to make ordinances for the government of a
city within this state.
deleted text end

Sec. 18.

Minnesota Statutes 2004, section 275.16, is
amended to read:

275.16 COUNTY AUDITOR TO FIX AMOUNT OF LEVY.

If any such municipality shall return to the county auditor
a levy greater than permitted by chapters 123A, 123B, new text begin 124D,
new text end 126C, new text begin and new text end 136C, deleted text begin and 136D, deleted text end sections 275.124 to 275.16, and 275.70
to 275.74, such county auditor shall extend only such amount of
taxes as the limitations herein prescribed will permit;
provided, if such levy shall include any levy for the payment of
bonded indebtedness or judgments, such levies for bonded
indebtedness or judgments shall be extended in full, and the
remainder of the levies shall be reduced so that the total
thereof, including levies for bonds and judgments, shall not
exceed such amount as the limitations herein prescribed will
permit.

Sec. 19.

Minnesota Statutes 2004, section 469.177,
subdivision 9, is amended to read:

Subd. 9.

Distributions of excess taxes on captured net
tax capacity.

(a) If the amount of tax paid on captured net tax
capacity exceeds the amount of tax increment, the county auditor
shall distribute the excess to the municipality, county, and
school district as follows: each governmental unit's share of
the excess equals

(1) the total amount of the excess for the tax increment
financing district, multiplied by

(2) a fraction, the numerator of which is the current local
tax rate of the governmental unit less the governmental unit's
local tax rate for the year the original local tax rate for the
district was certified (in no case may this amount be less than
zero) and the denominator of which is the sum of the numerators
for the municipality, county, and school district.

If the entire increase in the local tax rate is attributable to
a taxing district, other than the municipality, county, or
school district, then the excess must be distributed to the
municipality, county, and school district in proportion to their
respective local tax rates.

(b) The amounts distributed shall be deducted in computing
the levy limits of the taxing district for the succeeding
taxable year. deleted text begin In the case of a school district, only the
proportion of the excess taxes attributable to unequalized
levies that are subject to a fixed dollar amount levy limit
shall be deducted from the levy limit.
deleted text end

(c) In the case of distributions to a school district deleted text begin that
are attributable to state equalized levies deleted text end , the county auditor
shall report amounts distributed to the commissioner of
education in the same manner as provided for excess increments
under section 469.176, subdivision 2, and the distribution shall
be deducted from the school district's state aid payments new text begin and
levy limitation according to section 127A.49, subdivision 3 new text end .

Sec. 20. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 123B.83, subdivision 1,
and 126C.42, subdivisions 1 and 4, are repealed.
new text end

ARTICLE 2

EDUCATION EXCELLENCE

Section 1.

Minnesota Statutes 2004, section 120B.11,
subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For the purposes of this
section and section 120B.10, the following terms have the
meanings given them.

(a) "Instruction" means methods of providing learning
experiences that deleted text begin enables deleted text end new text begin enable new text end a student to meet new text begin state and
district academic standards and new text end graduation
deleted text begin standards deleted text end new text begin requirements new text end .

(b) "Curriculum" means new text begin district or school adopted programs
and new text end written plans for providing students with learning
experiences that lead to new text begin expected new text end knowledge deleted text begin , deleted text end new text begin and new text end skills deleted text begin , and
positive attitudes deleted text end .

Sec. 2.

Minnesota Statutes 2004, section 120B.11,
subdivision 2, is amended to read:

Subd. 2.

Adopting policies.

(a) A school board shall
deleted text begin adopt annually a deleted text end new text begin have in place an adopted new text end written policy that
includes the following:

(1) district goals for instruction deleted text begin and deleted text end new text begin including the use of
best practices, district and school new text end curriculum new text begin , and achievement
for all student subgroups new text end ;

(2) a process for evaluating each student's progress toward
meeting deleted text begin graduation deleted text end new text begin academic new text end standards and identifying the
strengths and weaknesses of instruction and curriculum affecting
students' progress;

(3) a system for periodically reviewing new text begin and evaluating new text end all
instruction and curriculum;

(4) a plan for improving instruction deleted text begin and deleted text end new text begin , new text end curriculum new text begin , and
student achievement new text end ; and

(5) an deleted text begin instruction plan that includes deleted text end education
effectiveness deleted text begin processes developed under deleted text end new text begin plan aligned with
new text end section 122A.625 deleted text begin and deleted text end new text begin that new text end integrates instruction, curriculum,
and technology.

Sec. 3.

Minnesota Statutes 2004, section 120B.11,
subdivision 3, is amended to read:

Subd. 3.

deleted text begin instruction and curriculum deleted text end new text begin district new text end advisory
committee.

Each school board shall establish an deleted text begin Instruction and
Curriculum deleted text end advisory committee to ensure active community
participation in all phases of planning and improving the
instruction and curriculum affecting state deleted text begin graduation deleted text end new text begin and
district academic new text end standards. A district advisory committee, to
the extent possible, shall reflect the diversity of the district
and its learning sites, and shall include teachers, parents,
support staff, deleted text begin pupils deleted text end new text begin students new text end , and other community residents.
The district may establish building teams as subcommittees of
the district advisory committee under subdivision 4. The
district advisory committee shall recommend to the school
board deleted text begin districtwide education standards deleted text end new text begin rigorous academic
standards, student achievement goals and measures new text end , assessments,
and program evaluations. Learning sites may expand upon
district evaluations of instruction, curriculum, assessments, or
programs. Whenever possible, parents and other community
residents shall comprise at least two-thirds of advisory
committee members.

Sec. 4.

Minnesota Statutes 2004, section 120B.11,
subdivision 4, is amended to read:

Subd. 4.

Building team.

A school may establish a
building team to develop and implement an education
effectiveness plan to improve instruction deleted text begin and deleted text end new text begin , new text end curriculum new text begin , and
student achievement new text end . The team shall advise the board and the
advisory committee about developing an instruction and
curriculum improvement plan that aligns curriculum, assessment
of student progress in meeting state deleted text begin graduation deleted text end new text begin and district
academic new text end standards, and instruction.

Sec. 5.

Minnesota Statutes 2004, section 120B.11,
subdivision 5, is amended to read:

Subd. 5.

Report.

(a) By October 1 of each year, the
school board shall use standard statewide reporting procedures
the commissioner develops and adopt a report that includes the
following:

(1) student deleted text begin performance deleted text end new text begin achievement new text end goals for meeting state
deleted text begin graduation deleted text end new text begin academic new text end standards deleted text begin adopted for that year deleted text end ;

(2) results of local assessment data, and any additional
test data;

(3) the annual school district improvement plans new text begin including
staff development goals under section 122A.60 new text end ;

(4) information about district and learning site progress
in realizing previously adopted improvement plans; and

(5) the amount and type of revenue attributed to each
education site as defined in section 123B.04.

(b) The school board shall publish the report in the local
newspaper with the largest circulation in the district deleted text begin or deleted text end new text begin , new text end by
mail new text begin , or by electronic means such as the district Web site. If
electronic means are used, school districts must publish notice
of the report in a periodical of general circulation in the
district. School districts must make copies of the report
available to the public on request new text end . The board shall make a copy
of the report available to the public for inspection. The board
shall send a copy of the report to the commissioner of education
by October 15 of each year.

(c) The title of the report shall contain the name and
number of the school district and read "Annual Report on
Curriculum, Instruction, and Student deleted text begin Performance deleted text end new text begin Achievement new text end ."
The report must include at least the following information about
advisory committee membership:

(1) the name of each committee member and the date when
that member's term expires;

(2) the method and criteria the school board uses to select
committee members; and

(3) the date by which a community resident must apply to
next serve on the committee.

Sec. 6.

Minnesota Statutes 2004, section 120B.11,
subdivision 8, is amended to read:

Subd. 8.

Biennial evaluation; assessment program.

At
least once every two years, the district report shall include an
evaluation of the district testing programs, according to the
following:

(1) written objectives of the assessment program;

(2) names of tests and grade levels tested;

(3) use of test results; and

(4) deleted text begin implementation of an assurance of mastery program
deleted text end new text begin student achievement results compared to previous years new text end .

Sec. 7.

Minnesota Statutes 2004, section 121A.06,
subdivision 2, is amended to read:

Subd. 2.

Reports; content.

deleted text begin By January 1, 1994, the
commissioner, in consultation with the criminal and juvenile
information policy group, shall develop a standardized form to
be used by schools to report incidents involving the use or
possession of a dangerous weapon in school zones. deleted text end new text begin School
districts must electronically report to the commissioner of
education incidents involving the use or possession of a
dangerous weapon in school zones. new text end The form deleted text begin shall deleted text end new text begin must new text end include
the following information:

(1) a description of each incident, including a description
of the dangerous weapon involved in the incident;

(2) where, at what time, and under what circumstances the
incident occurred;

(3) information about the offender, other than the
offender's name, including the offender's age; whether the
offender was a student and, if so, where the offender attended
school; and whether the offender was under school expulsion or
suspension at the time of the incident;

(4) information about the victim other than the victim's
name, if any, including the victim's age; whether the victim was
a student and, if so, where the victim attended school; and if
the victim was not a student, whether the victim was employed at
the school;

(5) the cost of the incident to the school and to the
victim; and

(6) the action taken by the school administration to
respond to the incident.

The commissioner deleted text begin also deleted text end shall deleted text begin develop deleted text end new text begin provide new text end an deleted text begin alternative
deleted text end new text begin electronic new text end reporting format that allows school districts to
provide aggregate data deleted text begin , with an option to use computer
technology to report the data deleted text end .

Sec. 8.

Minnesota Statutes 2004, section 121A.06,
subdivision 3, is amended to read:

Subd. 3.

Reports; filing requirements.

By deleted text begin February 1 and
deleted text end July deleted text begin 1 deleted text end new text begin 31 new text end of each year, each new text begin public new text end school shall report
incidents involving the use or possession of a dangerous weapon
in school zones to the commissioner. The reports must be deleted text begin made
on the standardized forms or using the alternative
format deleted text end new text begin submitted using the electronic reporting system new text end developed
by the commissioner under subdivision 2. The commissioner shall
compile the information it receives from the schools and report
it annually to the commissioner of public safety deleted text begin , the criminal
and juvenile information policy group, deleted text end and the legislature.

Sec. 9.

Minnesota Statutes 2004, section 121A.53, is
amended to read:

121A.53 REPORT TO COMMISSIONER OF EDUCATION.

Subdivision 1.

Exclusions and expulsions.

The school
board deleted text begin shall deleted text end new text begin must new text end report new text begin through the department electronic
reporting system new text end each exclusion or expulsion within 30 days of
the effective date of the action to the commissioner of
education. This report deleted text begin shall deleted text end new text begin must new text end include a statement of
alternative educational services given the pupil and the reason
for, the effective date, and the duration of the exclusion or
expulsion. new text begin The report must also include the student's age,
grade, gender, race, and special education status.
new text end

Subd. 2.

Report.

The school board must include state
student identification numbers of affected pupils on all
dismissal reports required by the department. The department
must report annually to the commissioner summary data on the
number of dismissals by age, grade, gender, race, and special
education status of the affected pupils. new text begin All dismissal reports
must be submitted through the department electronic reporting
system.
new text end

Sec. 10.

Minnesota Statutes 2004, section 122A.06,
subdivision 4, is amended to read:

Subd. 4.

deleted text begin comprehensive, scientifically based deleted text end new text begin effective
new text end reading instruction.

deleted text begin "Comprehensive, scientifically based
reading instruction" includes instruction and practice in
phonemic awareness, phonics and other word-recognition skills,
and guided oral reading for beginning readers, as well as
extensive silent reading, vocabulary instruction, instruction in
comprehension, and instruction that fosters understanding and
higher-order thinking for readers of all ages and proficiency
levels. deleted text end new text begin "Effective reading instruction" includes a program or
collection of instructional practices that is based on reliable
evidence showing that when these programs or practices are used,
students can be expected to achieve, at a minimum, satisfactory
reading progress. The program or collection of practices must
include, at a minimum, instruction in five areas of reading:
phonemic awareness, phonics, fluency, vocabulary, and text
comprehension.
new text end

new text begin Effective reading instruction also includes and integrates
instructional strategies for continuously assessing, evaluating,
and communicating the student's reading progress and needs in
order to design and implement ongoing interventions so that
students of all ages and proficiency levels can read and
comprehend text and apply higher level thinking skills.
new text end

Sec. 11.

Minnesota Statutes 2004, section 122A.09,
subdivision 4, is amended to read:

Subd. 4.

License and rules.

(a) The board must adopt
rules to license public school teachers and interns subject to
chapter 14.

(b) The board must adopt rules requiring a person to
successfully complete a skills examination in reading, writing,
and mathematics as a requirement for initial teacher licensure.
Such rules must require college and universities offering a
board-approved teacher preparation program to provide remedial
assistance to persons who did not achieve a qualifying score on
the skills examination, including those for whom English is a
second language.

(c) The board must adopt rules to approve teacher
preparation programs. The board, upon the request of a
postsecondary student preparing for teacher licensure or a
licensed graduate of a teacher preparation program, shall assist
in resolving a dispute between the person and a postsecondary
institution providing a teacher preparation program when the
dispute involves an institution's recommendation for licensure
affecting the person or the person's credentials. At the
board's discretion, assistance may include the application of
chapter 14.

(d) The board must provide the leadership and shall adopt
rules for the redesign of teacher education programs to
implement a research based, results-oriented curriculum that
focuses on the skills teachers need in order to be effective.
The board shall implement new systems of teacher preparation
program evaluation to assure program effectiveness based on
proficiency of graduates in demonstrating attainment of program
outcomes.

(e) The board must adopt rules requiring successful
completion of an examination of general pedagogical knowledge
and examinations of licensure-specific teaching skills. The
rules shall be effective on the dates determined by the board
but not later than September 1, 2001.

(f) The board must adopt rules requiring teacher educators
to work directly with elementary or secondary school teachers in
elementary or secondary schools to obtain periodic exposure to
the elementary or secondary teaching environment.

(g) The board must grant licenses to interns and to
candidates for initial licenses.

(h) The board must design and implement an assessment
system which requires a candidate for an initial license and
first continuing license to demonstrate the abilities necessary
to perform selected, representative teaching tasks at
appropriate levels.

(i) The board must receive recommendations from local
committees as established by the board for the renewal of
teaching licenses.

(j) The board must grant life licenses to those who qualify
according to requirements established by the board, and suspend
or revoke licenses pursuant to sections 122A.20 and 214.10. The
board must not establish any expiration date for application for
life licenses.

(k) The board must adopt rules that require all licensed
teachers who are renewing their continuing license to include in
their renewal requirements further preparation in the areas of
using positive behavior interventions and in accommodating,
modifying, and adapting curricula, materials, and strategies to
appropriately meet the needs of individual students and ensure
adequate progress toward the state's graduation rule.

(l) In adopting rules to license public school teachers who
provide health-related services for disabled children, the board
shall adopt rules consistent with license or registration
requirements of the commissioner of health and the
health-related boards who license personnel who perform similar
services outside of the school.

(m) The board must adopt rules that require all licensed
teachers who are renewing their continuing license to include in
their renewal requirements further reading preparation,
consistent with section 122A.06, subdivision 4. The rules do
not take effect until they are approved by law. Teachers who do
not provide direct instruction including, at least, counselors,
school psychologists, school nurses, school social workers,
audiovisual directors and coordinators, and recreation personnel
are exempt from this section.

(n) The board must adopt rules that require all licensed
teachers who are renewing their continuing license to include in
their renewal requirements further preparation in understanding
the key warning signs of early-onset mental illness in children
and adolescents.

new text begin (o) The board must:
new text end

new text begin (1) adopt rules to license qualified candidates to teach
chemistry, physics, biology, and earth and space science; and
new text end

new text begin (2) license a science teacher to teach in a new science
content area or level if the teacher holds a continuing license
to teach science and receives a qualifying score on an
appropriate Praxis II test in a science subject other than the
teacher's currently licensed science field or level. A
qualifying score is the same test score used for initial
licenses to teach science. A science teacher who seeks
licensure in a different science content area or level under
this paragraph is responsible for the actual costs of the
required testing.
new text end

Sec. 12.

Minnesota Statutes 2004, section 122A.18,
subdivision 2a, is amended to read:

Subd. 2a.

Reading strategies.

(a) All colleges and
universities approved by the Board of Teaching to prepare
persons for classroom teacher licensure must include in their
teacher preparation programs deleted text begin reading best practices that enable
classroom teacher licensure candidates to know how to teach
reading, such as phonics or other deleted text end research-based best practices
new text begin in reading, consistent with section 122A.06, subdivision 4, that
enable the licensure candidate to know how to teach reading in
the candidate's content areas new text end .

(b) Board-approved teacher preparation programs for
teachers of elementary education must require instruction in the
application of comprehensive, scientifically based, and balanced
reading instruction programs deleted text begin . deleted text end new text begin that:
new text end

new text begin (1) teach students to read using foundational knowledge,
practices, and strategies consistent with section 122A.06,
subdivision 4, so that all students will achieve continuous
progress in reading; and
new text end

new text begin (2) teach specialized instruction in reading strategies,
interventions, and remediations that enable students of all ages
and proficiency levels to become proficient readers.
new text end

Sec. 13.

Minnesota Statutes 2004, section 123B.143,
subdivision 1, is amended to read:

Subdivision 1.

Contract; duties.

All districts
maintaining a classified secondary school must employ a
superintendent who shall be an ex officio nonvoting member of
the school board. The authority for selection and employment of
a superintendent must be vested in the board in all cases. An
individual employed by a board as a superintendent shall have an
initial employment contract for a period of time no longer than
three years from the date of employment. Any subsequent
employment contract must not exceed a period of three years. A
board, at its discretion, may or may not renew an employment
contract. A board must not, by action or inaction, extend the
duration of an existing employment contract. Beginning 365 days
prior to the expiration date of an existing employment contract,
a board may negotiate and enter into a subsequent employment
contract to take effect upon the expiration of the existing
contract. A subsequent contract must be contingent upon the
employee completing the terms of an existing contract. If a
contract between a board and a superintendent is terminated
prior to the date specified in the contract, the board may not
enter into another superintendent contract with that same
individual that has a term that extends beyond the date
specified in the terminated contract. A board may terminate a
superintendent during the term of an employment contract for any
of the grounds specified in section 122A.40, subdivision 9 or 13.
A superintendent shall not rely upon an employment contract with
a board to assert any other continuing contract rights in the
position of superintendent under section 122A.40.
Notwithstanding the provisions of sections 122A.40, subdivision
10 or 11, 123A.32, 123A.75, or any other law to the contrary, no
individual shall have a right to employment as a superintendent
based on order of employment in any district. If two or more
districts enter into an agreement for the purchase or sharing of
the services of a superintendent, the contracting districts have
the absolute right to select one of the individuals employed to
serve as superintendent in one of the contracting districts and
no individual has a right to employment as the superintendent to
provide all or part of the services based on order of employment
in a contracting district. The superintendent of a district
shall perform the following:

(1) visit and supervise the schools in the district, report
and make recommendations about their condition when advisable or
on request by the board;

(2) recommend to the board employment and dismissal of
teachers;

(3) superintend school grading practices and examinations
for promotions;

(4) make reports required by the commissioner; new text begin and
new text end

(5) deleted text begin by January 10, submit an annual report to the
commissioner in a manner prescribed by the commissioner, in
consultation with school districts, identifying the expenditures
that the district requires to ensure an 80 percent student
passage rate on the basic standards test taken in the eighth
grade, identifying the highest student passage rate the district
expects it will be able to attain on the basic standards test by
grade 12, the amount of expenditures that the district requires
to attain the targeted student passage rate, and how much the
district is cross-subsidizing programs with special education,
basic skills, and general education revenue; and
deleted text end

deleted text begin (6) deleted text end perform other duties prescribed by the board.

Sec. 14.

Minnesota Statutes 2004, section 124D.095,
subdivision 8, is amended to read:

Subd. 8.

Financial arrangements.

(a) For a student
enrolled in an on-line learning course, the department must
calculate average daily membership and make payments according
to this subdivision.

(b) The initial on-line learning average daily membership
equals 1/12 for each semester course or a proportionate amount
for courses of different lengths. The adjusted on-line learning
average daily membership equals the initial on-line learning
average daily membership times .88.

(c) No on-line learning average daily membership shall be
generated if: (1) the student does not complete the on-line
learning course, or (2) the student is enrolled in on-line
learning provided by the enrolling district and the student
was new text begin either new text end enrolled in a Minnesota public school for the school
year before the school year in which the student first enrolled
in on-line learning new text begin , or the student is enrolled in an
instructional program in which at least 40 percent of the total
instructional time takes place in the school's facilities. For
students enrolled in on-line learning according to clause (2),
the department shall calculate average daily membership
according to section 126C.05, subdivision 8 new text end .

(d) On-line learning average daily membership under this
subdivision for a student currently enrolled in a Minnesota
public school and who was enrolled in a Minnesota public school
for the school year before the school year in which the student
first enrolled in on-line learning shall be used only for
computing average daily membership according to section 126C.05,
subdivision 19, paragraph (a), clause deleted text begin (ii) deleted text end new text begin (2) new text end , and for
computing on-line learning aid according to section 126C.24.

(e) On-line learning average daily membership under this
subdivision for students not included in paragraph (c) or (d)
shall be used only for computing average daily membership
according to section 126C.05, subdivision 19, paragraph (a),
clause deleted text begin (ii) deleted text end new text begin (2) new text end , and for computing payments under paragraphs (f)
and (g).

(f) Subject to the limitations in this subdivision, the
department must pay an on-line learning provider an amount equal
to the product of the adjusted on-line learning average daily
membership for students under paragraph (e) times the student
grade level weighting under section 126C.05, subdivision 1,
times the formula allowance.

(g) The department must pay each on-line learning provider
100 percent of the amount in paragraph (f) within 45 days of
receiving final enrollment and course completion information
each quarter or semester.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 15.

Minnesota Statutes 2004, section 124D.10,
subdivision 4, is amended to read:

Subd. 4.

Formation of school.

(a) A sponsor may
authorize one or more licensed teachers under section 122A.18,
subdivision 1, to operate a charter school subject to approval
by the commissioner. A board must vote on charter school
application for sponsorship no later than 90 days after
receiving the application. After 90 days, the applicant may
apply to the commissioner. If a board elects not to sponsor a
charter school, the applicant may appeal the board's decision to
the commissioner. The commissioner may elect to sponsor the
charter school or assist the applicant in finding an eligible
sponsor. The school must be organized and operated as a
cooperative under chapter 308A or nonprofit corporation under
chapter 317A and the provisions under the applicable chapter
shall apply to the school except as provided in this section.
Notwithstanding sections 465.717 and 465.719, a school district
may create a corporation for the purpose of creating a charter
school.

(b) Before the operators may form and operate a school, the
sponsor must file an affidavit with the commissioner stating its
intent to authorize a charter school. The affidavit must state
the terms and conditions under which the sponsor would authorize
a charter school. The commissioner must approve or disapprove
the sponsor's proposed authorization within deleted text begin 60 deleted text end new text begin 90 new text end days of
receipt of the affidavit. Failure to obtain commissioner
approval precludes a sponsor from authorizing the charter school
that was the subject of the affidavit.

(c) The operators authorized to organize and operate a
school, before entering into a contract or other agreement for
professional or other services, goods, or facilities, must
incorporate as a cooperative under chapter 308A or as a
nonprofit corporation under chapter 317A and must establish a
board of directors composed of at least five members until a
timely election for members of the charter school board of
directors is held according to the school's articles and
bylaws. A charter school board of directors must be composed of
at least five members. Any staff members who are employed at
the school, including teachers providing instruction under a
contract with a cooperative, and all parents of children
enrolled in the school may participate in the election for
members of the school's board of directors. Licensed teachers
employed at the school, including teachers providing instruction
under a contract with a cooperative, must be a majority of the
members of the board of directors before the school completes
its third year of operation, unless the commissioner waives the
requirement for a majority of licensed teachers on the board.
Board of director meetings must comply with chapter 13D.

(d) The granting or renewal of a charter by a sponsoring
entity must not be conditioned upon the bargaining unit status
of the employees of the school.

(e) A sponsor may authorize the operators of a charter
school to expand the operation of the charter school to
additional sites or to add additional grades at the school
beyond those described in the sponsor's application as approved
by the commissioner only after submitting a supplemental
application to the commissioner in a form and manner prescribed
by the commissioner. The supplemental application must provide
evidence that:

(1) the expansion of the charter school is supported by
need and projected enrollment;

(2) the charter school is fiscally sound;

(3) the sponsor supports the expansion; and

(4) the building of the additional site meets all health
and safety requirements to be eligible for lease aid.

(f) The commissioner annually must provide timely financial
management training to newly elected members of a charter school
board of directors and ongoing training to other members of a
charter school board of directors. Training must address ways
to:

(1) proactively assess opportunities for a charter school
to maximize all available revenue sources;

(2) establish and maintain complete, auditable records for
the charter school;

(3) establish proper filing techniques;

(4) document formal actions of the charter school,
including meetings of the charter school board of directors;

(5) properly manage and retain charter school and student
records;

(6) comply with state and federal payroll record-keeping
requirements; and

(7) address other similar factors that facilitate
establishing and maintaining complete records on the charter
school's operations.

Sec. 16.

Minnesota Statutes 2004, section 124D.11,
subdivision 1, is amended to read:

Subdivision 1.

General education revenue.

(a) General
education revenue must be paid to a charter school as though it
were a district. The general education revenue for each
adjusted marginal cost pupil unit is the state average general
education revenue per pupil unit, plus the referendum
equalization aid allowance in the pupil's district of residence,
minus an amount equal to the product of the formula allowance
according to section 126C.10, subdivision 2, times .0485,
calculated without basic skills revenue, new text begin extended time revenue,
transition revenue, new text end and transportation sparsity revenue, plus
basic skills revenue new text begin , extended time revenue, new text end and transition
revenue as though the school were a school district. new text begin The
general education revenue for each extended time marginal cost
pupil unit equals $4,378.
new text end

(b) Notwithstanding paragraph (a), for charter schools in
the first year of operation, general education revenue shall be
computed using the number of adjusted pupil units in the current
fiscal year.

Sec. 17.

Minnesota Statutes 2004, section 124D.11,
subdivision 6, is amended to read:

Subd. 6.

Other aid, grants, revenue.

(a) A charter
school is eligible to receive other aids, grants, and revenue
according to chapters 120A to 129C, as though it were a district.

(b) Notwithstanding paragraph (a), a charter school may not
receive aid, a grant, or revenue if a levy is required to obtain
the money, new text begin or if the aid, grant, or revenue is a replacement of
levy revenue, new text end except as otherwise provided in this section.

(c) Federal aid received by the state must be paid to the
school, if it qualifies for the aid as though it were a school
district.

(d) A charter school may receive money from any source for
capital facilities needs. In the year-end report to the
commissioner of education, the charter school shall report the
total amount of funds received from grants and other outside
sources.

Sec. 18.

Minnesota Statutes 2004, section 124D.74,
subdivision 1, is amended to read:

Subdivision 1.

Program described.

American Indian
education programs are programs in public elementary and
secondary schools, nonsectarian nonpublic, community,
tribal, new text begin charter, new text end or alternative schools enrolling American
Indian children designed to:

(1) support postsecondary preparation for pupils;

(2) support the academic achievement of American Indian
students with identified focus to improve reading and mathematic
skills;

(3) make the curriculum more relevant to the needs,
interests, and cultural heritage of American Indian pupils;

(4) provide positive reinforcement of the self-image of
American Indian pupils;

(5) develop intercultural awareness among pupils, parents,
and staff; and

(6) supplement, not supplant, state and federal educational
and cocurricular programs.

Program components may include: development of support
components for students in the areas of academic achievement,
retention, and attendance; development of support components for
staff, including in-service training and technical assistance in
methods of teaching American Indian pupils; research projects,
including experimentation with and evaluation of methods of
relating to American Indian pupils; provision of personal and
vocational counseling to American Indian pupils; modification of
curriculum, instructional methods, and administrative procedures
to meet the needs of American Indian pupils; and supplemental
instruction in American Indian language, literature, history,
and culture. Districts offering programs may make contracts for
the provision of program components by establishing cooperative
liaisons with tribal programs and American Indian social service
agencies. These programs may also be provided as components of
early childhood and family education programs.

Sec. 19.

Minnesota Statutes 2004, section 124D.81,
subdivision 1, is amended to read:

Subdivision 1.

Grants; procedures.

Each fiscal year the
commissioner of education must make grants to no fewer than six
American Indian education programs. At least three programs
must be in urban areas and at least three must be on or near
reservations. The board of a local district, a participating
school or a group of boards may develop a proposal for grants in
support of American Indian education programs. Proposals may
provide for contracts for the provision of program components by
nonsectarian nonpublic, community, tribal, new text begin charter, new text end or
alternative schools. The commissioner shall prescribe the form
and manner of application for grants, and no grant shall be made
for a proposal not complying with the requirements of sections
124D.71 to 124D.82. deleted text begin The commissioner must submit all proposals
to the state Advisory Committee on American Indian Education
Programs for its recommendations concerning approval,
modification, or disapproval and the amounts of grants to
approved programs.
deleted text end

Sec. 20.

Minnesota Statutes 2004, section 124D.84,
subdivision 1, is amended to read:

Subdivision 1.

Awards.

The commissioner deleted text begin , with the advice
and counsel of the Minnesota Indian Education Committee, deleted text end may
award scholarships to any Minnesota resident student who is of
one-fourth or more Indian ancestry, who has applied for other
existing state and federal scholarship and grant programs, and
who, in the opinion of the commissioner, has the capabilities to
benefit from further education. Scholarships must be for
accredited degree programs in accredited Minnesota colleges or
universities or for courses in accredited Minnesota business,
technical, or vocational schools. Scholarships may also be
given to students attending Minnesota colleges that are in
candidacy status for obtaining full accreditation, and are
eligible for and receiving federal financial aid programs.
Students are also eligible for scholarships when enrolled as
students in Minnesota higher education institutions that have
joint programs with other accredited higher education
institutions. Scholarships shall be used to defray the total
cost of education including tuition, incidental fees, books,
supplies, transportation, other related school costs and the
cost of board and room and shall be paid directly to the college
or school concerned where the student receives federal financial
aid. The total cost of education includes all tuition and fees
for each student enrolling in a public institution and the
portion of tuition and fees for each student enrolling in a
private institution that does not exceed the tuition and fees at
a comparable public institution. Each student shall be awarded
a scholarship based on the total cost of the student's education
and a federal standardized need analysis. Applicants are
encouraged to apply for all other sources of financial aid. deleted text begin The
amount and type of each scholarship shall be determined through
the advice and counsel of the Minnesota Indian education
committee.
deleted text end

When an Indian student satisfactorily completes the work
required by a certain college or school in a school year the
student is eligible for additional scholarships, if additional
training is necessary to reach the student's educational and
vocational objective. Scholarships may not be given to any
Indian student for more than five years of study deleted text begin without special
recommendation of the Minnesota Indian Education Committee deleted text end .

Sec. 21.

new text begin [127A.52] CROSS-SUBSIDY REPORTS.
new text end

new text begin By January 30 of each year, the commissioner must estimate
how much each district cross-subsidized the cost of special
education and basic skills programs with general education
revenue during the fiscal year ending on June 30 of the previous
year. The commissioner must make the cross-subsidy estimates
available to all districts and the public by posting the
cross-subsidy reports on the department's Web site.
new text end

ARTICLE 3

SPECIAL PROGRAMS

Section 1.

Minnesota Statutes 2004, section 125A.24, is
amended to read:

125A.24 PARENT ADVISORY COUNCILS.

In order to increase the involvement of parents of children
with disabilities in district policy making and decision making,
school districts must have a special education advisory council
that is incorporated into the district's special education
system plan.

(1) This advisory council may be established either for
individual districts or in cooperation with other districts who
are members of the same special education cooperative.

(2) A district may set up this council as a subgroup of an
existing board, council, or committee.

(3) At least half of the designated council members must be
parents of students with a disability. new text begin The council must include
at least one member who is a parent of a nonpublic school
student with a disability or an employee of a nonpublic school
if a nonpublic school is located in the district. Each local
council must meet no less than once each year. new text end The number of
members, frequency of meetings, and operational procedures are
to be locally determined.

Sec. 2.

Minnesota Statutes 2004, section 125A.28, is
amended to read:

125A.28 STATE INTERAGENCY COORDINATING COUNCIL.

An Interagency Coordinating Council of at least 17, but not
more than 25 members is established, in compliance with Public
Law 102-119, section 682. The members must be appointed by the
governor. Council members must elect the council chair. The
representative of the commissioner may not serve as the chair.
The council must be composed of at least five parents, including
persons of color, of children with disabilities under age 12,
including at least three parents of a child with a disability
under age seven, five representatives of public or private
providers of services for children with disabilities under age
five, including a special education director, county social
service director, local Head Start director, and a community
health services or public health nursing administrator, one
member of the senate, one member of the house of
representatives, one representative of teacher preparation
programs in early childhood-special education or other
preparation programs in early childhood intervention, at least
one representative of advocacy organizations for children with
disabilities under age five, one physician who cares for young
children with special health care needs, one representative each
from the commissioners of commerce, education, health, human
services, a representative from the state agency responsible for
child care, and a representative from Indian health services or
a tribal council. Section 15.059, subdivisions 2 to 5, apply to
the council. The council must meet at least quarterly.

The council must address methods of implementing the state
policy of developing and implementing comprehensive,
coordinated, multidisciplinary interagency programs of early
intervention services for children with disabilities and their
families.

The duties of the council include recommending policies to
ensure a comprehensive and coordinated system of all state and
local agency services for children under age five with
disabilities and their families. The policies must address how
to incorporate each agency's services into a unified state and
local system of multidisciplinary assessment practices,
individual intervention plans, comprehensive systems to find
children in need of services, methods to improve public
awareness, and assistance in determining the role of interagency
early intervention committees.

deleted text begin By September 1 deleted text end new text begin On the date that Minnesota Part C Annual
Performance Report is submitted to the federal Office of Special
Education new text end , the council must recommend to the governor and the
commissioners of education, health, human services, commerce,
and employment and economic development policies for a
comprehensive and coordinated system.

Notwithstanding any other law to the contrary, the State
Interagency Coordinating Council expires on June 30, deleted text begin 2005 deleted text end new text begin 2009 new text end .

Sec. 3.

Minnesota Statutes 2004, section 134.31, is
amended by adding a subdivision to read:

new text begin Subd. 5a. new text end

new text begin Advisory committee. new text end

new text begin The commissioner shall
appoint an advisory committee of five members to advise the
staff of the Minnesota Library for the Blind and Physically
Handicapped on long-range plans and library services. Members
shall be people who use the library. Section 15.059 governs
this committee except that the committee shall not expire.
new text end

ARTICLE 4

FACILITIES AND TECHNOLOGY

Section 1.

Minnesota Statutes 2004, section 123B.59,
subdivision 3, is amended to read:

Subd. 3.

Bond authorization.

(a) A school district may
issue general obligation bonds under this section to finance
facilities plans approved by its board and the commissioner.
Chapter 475, except sections 475.58 and 475.59, must be complied
with. The district may levy under subdivision 5 for the debt
service revenue. The authority to issue bonds under this
section is in addition to any bonding authority authorized by
this chapter, or other law. The amount of bonding authority
authorized under this section must be disregarded in calculating
the bonding or net debt limits of this chapter, or any other law
other than section 475.53, subdivision 4.

(b) new text begin At least 20 days new text end before deleted text begin a district issues bonds deleted text end new text begin the
earliest of solicitation of bids, the issuance of bonds, or the
final certification of levies new text end under deleted text begin this deleted text end subdivision new text begin 5 new text end , deleted text begin it deleted text end new text begin the
district new text end must publish notice of the intended projects, the
amount of the bond issue, deleted text begin and deleted text end the total amount of district
indebtedness new text begin , and the commissioner's review and comment, if
applicable new text end .

Sec. 2.

Minnesota Statutes 2004, section 123B.59,
subdivision 3a, is amended to read:

Subd. 3a.

Levy authorization.

(a) A school district may
levy under this section to finance the portion of facilities
plans approved by its board and the commissioner that are not
financed through bond issues according to subdivision 3.

(b) new text begin At least 20 days new text end before a new text begin final new text end district new text begin certification
of new text end levies under deleted text begin this deleted text end subdivision new text begin 5 new text end , deleted text begin it deleted text end new text begin the district new text end must
publish notice of the intended projects, including the total
estimated project cost new text begin , and the commissioner's review and
comment, if applicable new text end .

Sec. 3.

Minnesota Statutes 2004, section 123B.63,
subdivision 2, is amended to read:

Subd. 2.

Uses of the account.

Money in the capital
project referendum account must be used new text begin only new text end for new text begin the purposes
specified in section 126C.10, subdivision 14, for operating
capital revenue, including new text end the costs of acquisition and
betterment for a project that has been reviewed under section
123B.71 and has been approved according to subdivision 3.

Sec. 4.

Minnesota Statutes 2004, section 123B.71,
subdivision 8, is amended to read:

Subd. 8.

Review and comment.

A school district, a
special education cooperative, or a cooperative unit of
government, as defined in section 123A.24, subdivision 2, must
not initiate an installment contract for purchase or a lease
agreement, hold a referendum for bonds, nor solicit bids for new
construction, expansion, or remodeling of an educational
facility that requires an expenditure in excess of $500,000 per
school site prior to review and comment by the commissioner.
The commissioner may exempt a facility maintenance project
funded with general education aid and levy new text begin , alternative
facilities bonding and levy program, new text end or health and safety
revenue from this provision after reviewing a written request
from a school district describing the scope of work. A school
board shall not separate portions of a single project into
components to avoid the requirements of this subdivision.

Sec. 5.

Minnesota Statutes 2004, section 123B.71,
subdivision 12, is amended to read:

Subd. 12.

Publication.

new text begin (a) new text end At least 20 days but not more
than 60 days before a referendum for bonds or solicitation of
bids for a project that has received a positive or unfavorable
review and comment under section 123B.70, the school board shall
publish the commissioner's review and comment of that project in
the legal newspaper of the district. Supplementary information
shall be available to the public.

new text begin (b) The publication requirement in paragraph (a) does not
apply to alternative facilities projects approved under section
123B.59. Publication for alternative facilities projects shall
be as specified in section 123B.59, subdivisions 3 and 3a.
new text end

ARTICLE 5

EARLY CHILDHOOD FAMILY SUPPORT

Section 1.

Minnesota Statutes 2004, section 124D.135,
subdivision 5, is amended to read:

Subd. 5.

Use of revenue restricted.

Early childhood
family education revenue may be used only for early childhood
family education programs. Not more than five percent of early
childhood family education revenue new text begin , as defined in subdivision 7,
new text end may be used to administer early childhood family education
programs.

Sec. 2.

Minnesota Statutes 2004, section 124D.16,
subdivision 3, is amended to read:

Subd. 3.

Use of aid.

School readiness aid shall be used
only to provide a school readiness program and may be used to
provide transportation. Not more than five percent of deleted text begin the
aid deleted text end new text begin school readiness revenue, as defined in subdivision 7, new text end may
be used for the cost of administering the program. Aid must be
used to supplement and not supplant local, state, and federal
funding. Aid may not be used for instruction and services
required under sections 125A.03 to 125A.24 and 125A.65. Aid may
not be used to purchase land or construct buildings, but may be
used to lease or renovate existing buildings.

Sec. 3.

Minnesota Statutes 2004, section 126C.15,
subdivision 1, is amended to read:

Subdivision 1.

Use of the revenue.

new text begin Except for revenue
allocated for prekindergarten programs under subdivision 2,
paragraph (c), new text end the basic skills revenue under section 126C.10,
subdivision 4, must be reserved and used to meet the educational
needs of pupils who enroll under-prepared to learn and whose
progress toward meeting state or local content or performance
standards is below the level that is appropriate for learners of
their age. Any of the following may be provided to meet these
learners' needs:

(1) direct instructional services under the assurance of
mastery program according to section 124D.66;

(2) remedial instruction in reading, language arts,
mathematics, other content areas, or study skills to improve the
achievement level of these learners;

(3) additional teachers and teacher aides to provide more
individualized instruction to these learners through individual
tutoring, lower instructor-to-learner ratios, or team teaching;

(4) a longer school day or week during the regular school
year or through a summer program that may be offered directly by
the site or under a performance-based contract with a
community-based organization;

(5) comprehensive and ongoing staff development consistent
with district and site plans according to section 122A.60, for
teachers, teacher aides, principals, and other personnel to
improve their ability to identify the needs of these learners
and provide appropriate remediation, intervention,
accommodations, or modifications;

(6) instructional materials and technology appropriate for
meeting the individual needs of these learners;

(7) programs to reduce truancy, encourage completion of
high school, enhance self-concept, provide health services,
provide nutrition services, provide a safe and secure learning
environment, provide coordination for pupils receiving services
from other governmental agencies, provide psychological services
to determine the level of social, emotional, cognitive, and
intellectual development, and provide counseling services,
guidance services, and social work services;

(8) bilingual programs, bicultural programs, and programs
for learners of limited English proficiency;

(9) all day kindergarten;

(10) extended school day and extended school year programs;
and

(11) substantial parent involvement in developing and
implementing remedial education or intervention plans for a
learner, including learning contracts between the school, the
learner, and the parent that establish achievement goals and
responsibilities of the learner and the learner's parent or
guardian.

Sec. 4.

Minnesota Statutes 2004, section 126C.15,
subdivision 2, is amended to read:

Subd. 2.

Building allocation.

(a) A district must
allocate its compensatory revenue to each school building in the
district where the children who have generated the revenue are
served.

(b) Notwithstanding paragraph (a), a district may allocate
up to five percent of the amount of compensatory revenue that
the district deleted text begin received during the previous fiscal year deleted text end new text begin receives
new text end to school sites according to a plan adopted by the school board.

(c) new text begin Notwithstanding paragraph (a), a district may allocate
up to ten percent of the amount of compensatory revenue the
district receives to support prekindergarten programs under
subdivision 2a.
new text end

new text begin (d) new text end For the purposes of this section and section 126C.05,
subdivision 3, "building" means education site as defined in
section 123B.04, subdivision 1.

deleted text begin (d) deleted text end new text begin (e) new text end If the pupil is served at a site other than one
owned and operated by the district, the revenue shall be paid to
the district and used for services for pupils who generate the
revenue.

Sec. 5.

Minnesota Statutes 2004, section 126C.15, is
amended by adding a subdivision to read:

new text begin Subd. 2a. new text end

new text begin Prekindergarten programs. new text end

new text begin Revenue allocated
under subdivision 2, paragraph (c), must be reserved and used
for programs and activities that prepare for kindergarten
children ages 3-1/2 to kindergarten entrance from families
eligible for the free or reduced price school lunch program.
Programs may serve resident and nonresident children. Districts
may contract with private preschools and other providers of
prekindergarten programs.
new text end

ARTICLE 6

PREVENTION

Section 1.

Minnesota Statutes 2004, section 119A.46,
subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) The definitions in
section 144.9501 and in this subdivision apply to this section.

(b) "Eligible organization" means a lead contractor, city,
board of health, community health department, community action
agency as defined in section 119A.374, or community development
corporation.

(c) "Commissioner" means the commissioner of deleted text begin education
deleted text end new text begin health new text end , or the commissioner of the Minnesota Housing Finance
Agency as authorized by section 462A.05, subdivision 15c.

Sec. 2.

Minnesota Statutes 2004, section 119A.46,
subdivision 2, is amended to read:

Subd. 2.

Grants; administration.

Within the limits of
the available appropriation, the commissioner must develop a
swab team services program which may make demonstration and
training grants to eligible organizations to train workers to
provide swab team services and swab team services for
residential property. Grants may be awarded to nonprofit
organizations to provide technical assistance and training to
ensure quality and consistency within the statewide program.
Grants must be awarded to help ensure full-time employment to
workers providing swab team services and must be awarded for a
two-year period.

Grants awarded under this section must be made in
consultation with the deleted text begin commissioners of the Department of Health
and deleted text end new text begin commissioner of new text end the Housing Finance Agency deleted text begin , deleted text end and
representatives of neighborhood groups from areas at high risk
for toxic lead exposure, a labor organization, the lead
coalition, community action agencies, and the legal aid
society. The consulting team must review grant applications and
recommend awards to eligible organizations that meet
requirements for receiving a grant under this section.

Sec. 3.

Minnesota Statutes 2004, section 119A.46,
subdivision 3, is amended to read:

Subd. 3.

Applicants.

(a) Interested eligible
organizations may apply to the commissioner for grants under
this section. Two or more eligible organizations may jointly
apply for a grant. Priority shall be given to community action
agencies in greater Minnesota and to either community action
agencies or neighborhood based nonprofit organizations in cities
of the first class. Of the total annual appropriation, 12.5
percent may be used for administrative purposes. The
commissioner may deviate from this percentage if a grantee can
justify the need for a larger administrative allowance. Of this
amount, up to five percent may be used by the commissioner for
state administrative purposes. Applications must provide
information requested by the commissioner, including at least
the information required to assess the factors listed in
paragraph (d).

(b) The commissioner must deleted text begin coordinate with the commissioner
of health who must deleted text end consult with boards of health to provide swab
team services for purposes of secondary prevention. The
priority for swab teams created by grants to eligible
organizations under this section must be work assigned by the
commissioner of health, or by a board of health if so designated
by the commissioner of health, to provide secondary prevention
swab team services to fulfill the requirements of section
144.9504, subdivision 6, in response to a lead order. Swab
teams assigned work under this section by the commissioner, that
are not engaged daily in fulfilling the requirements of section
144.9504, subdivision 6, must deliver swab team services in
response to elevated blood lead levels as defined in section
144.9501, subdivision 9, where lead orders were not issued, and
for purposes of primary prevention in census tracts known to be
in areas at high risk for toxic lead exposure as described in
section 144.9503, subdivision 2.

(c) Any additional money must be used for grants to
establish swab teams for primary prevention under section
144.9503, in census tracts in areas at high risk for toxic lead
exposure as determined under section 144.9503, subdivision 2.

(d) In evaluating grant applications, the commissioner must
consider the following criteria:

(1) the use of lead contractors and lead workers for
residential swab team services;

(2) the participation of neighborhood groups and
individuals, as swab team workers, in areas at high risk for
toxic lead exposure;

(3) plans for the provision of swab team services for
primary and secondary prevention as required under subdivision
4;

(4) plans for supervision, training, career development,
and postprogram placement of swab team members;

(5) plans for resident and property owner education on lead
safety;

(6) plans for distributing cleaning supplies to area
residents and educating residents and property owners on
cleaning techniques;

(7) sources of other funding and cost estimates for
training, lead inspections, swab team services, equipment,
monitoring, testing, and administration;

(8) measures of program effectiveness;

(9) coordination of program activities with other federal,
state, and local public health, job training, apprenticeship,
and housing renovation programs including programs under
sections 116L.86 to 116L.881; and

(10) prior experience in providing swab team services.

Sec. 4.

Minnesota Statutes 2004, section 119A.46,
subdivision 8, is amended to read:

Subd. 8.

Testing and evaluation.

(a) Testing of the
environment is not necessary by swab teams whose work is
assigned by the commissioner of health or a designated board of
health under section 144.9504. The commissioner of health or
designated board of health must share the analytical testing
data collected on each residence for purposes of secondary
prevention under section 144.9504 with the swab team workers in
order to provide constructive feedback on their work and to the
commissioner for the purposes set forth in paragraph (c).

(b) For purposes of primary prevention evaluation, the
following samples must be collected: pretesting and posttesting
of one noncarpeted floor dust lead sample and a notation of the
extent and location of bare soil and of deteriorated lead-based
paint. The analytical testing data collected on each residence
for purposes of primary prevention under section 144.9503 must
be shared with the swab team workers in order to provide
constructive feedback on their work and to the commissioner for
the purposes set forth in paragraph (c).

(c) The commissioner of health must establish a program deleted text begin in
cooperation with the commissioner deleted text end to collect appropriate data as
required under paragraphs (a) and (b), in order to conduct an
ongoing evaluation of swab team services for primary and
secondary prevention. Within the limits of available
appropriations, the commissioner of health must conduct deleted text begin or
contract with the commissioner, deleted text end on up to 1,000 residences which
have received primary or secondary prevention swab team
services, a postremediation evaluation, on at least a quarterly
basis for a period of at least two years for each residence.
The evaluation must note the condition of the paint within the
residence, the extent of bare soil on the grounds, and collect
and analyze one noncarpeted floor dust lead sample. The data
collected must be evaluated to determine the efficacy of
providing swab team services as a method of reducing lead
exposure in young children. In evaluating this data, the
commissioner of health must consider city size, community
location, historic traffic flow, soil lead level of the property
by area or census tract, distance to industrial point sources
that emit lead, season of the year, age of the housing, age and
number of children living at the residence, the presence of pets
that move in and out of the residence, and other relevant
factors as the commissioner of health may determine.

Sec. 5. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin In the next edition of Minnesota Statutes, the revisor of
statutes shall renumber Minnesota Statutes, section 119A.46, as
section 144.9512.
new text end