4th Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
Engrossments | ||
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4th Engrossment | Posted on 08/14/1998 |
1.1 A bill for an act 1.2 relating to education; prekindergarten through grade 1.3 12; providing for general education revenue; 1.4 transportation; special programs; community education; 1.5 facilities; organization and cooperation; education 1.6 excellence; other programs; miscellaneous provisions; 1.7 libraries; state agencies; technology; conforming 1.8 amendments; appropriating money; amending Minnesota 1.9 Statutes 1994, sections 43A.316, subdivision 2; 1.10 62L.08, subdivision 7a; 116J.655; 120.062, subdivision 1.11 7; 120.064, subdivision 4; 120.101, subdivision 5c; 1.12 120.17, subdivisions 3a, 3b, and by adding a 1.13 subdivision; 120.185; 120.74, subdivision 1; 120.75, 1.14 subdivision 1; 121.11, subdivision 7c; 121.702, by 1.15 adding a subdivision; 121.705; 121.706; 121.707, 1.16 subdivisions 4, 6, and 7; 121.708; 121.709; 121.710; 1.17 121.885, subdivisions 1 and 4; 121.904, subdivisions 1.18 4a and 4c; 121.912, subdivisions 1, 1b, and 6; 1.19 121.935, subdivision 1; 122.21, subdivision 4; 122.23, 1.20 subdivision 2; 122.242, subdivision 9; 122.895, 1.21 subdivisions 1, 8, and 9; 122.91, subdivisions 1, 2, 1.22 and 2a; 122.92, subdivision 1; 122.93, subdivision 1; 1.23 122.94, subdivision 1; 123.35, subdivision 19b; 1.24 123.351, subdivisions 1, 3, 4, and 5; 123.3514, 1.25 subdivisions 4d, 7, 8, and by adding a subdivision; 1.26 123.70, subdivision 8; 123.7991, subdivisions 2 and 3; 1.27 123.805, subdivisions 1 and 2; 124.14, by adding a 1.28 subdivision; 124.17, subdivisions 1, 2f, and by adding 1.29 a subdivision; 124.193; 124.195, subdivision 10, and 1.30 by adding a subdivision; 124.2139; 124.214, 1.31 subdivisions 2 and 3; 124.223, subdivision 7; 124.225, 1.32 subdivisions 1, 3a, 7b, 7d, 7f, 8a, and 8m; 124.226, 1.33 subdivisions 1 and 3; 124.243, subdivisions 2 and 8; 1.34 124.244, subdivisions 1, 4, and by adding a 1.35 subdivision; 124.2455; 124.2711, subdivision 2a; 1.36 124.2713, subdivision 6; 124.2725, subdivisions 1, 3, 1.37 4, and 15; 124.2726, subdivision 1; 124.273, by adding 1.38 subdivisions; 124.32, subdivisions 10 and 12; 124.321, 1.39 subdivisions 1 and 2; 124.322; 124.323, subdivisions 1.40 1, 2, and by adding a subdivision; 124.573, 1.41 subdivision 2e; 124.574, subdivision 9, and by adding 1.42 subdivisions; 124.83, subdivision 4; 124.84, 1.43 subdivision 3; 124.91, subdivision 5; 124.916, 1.44 subdivision 2; 124.95, subdivisions 2, 4, and 6; 1.45 124.961; 124A.03, subdivisions 1g and 1h; 124A.0311, 1.46 subdivision 4; 124A.22, subdivisions 2, 2a, 4, 4a, 4b, 2.1 8a, and 9; 124A.225, subdivisions 4 and 5; 124A.23, 2.2 subdivisions 1 and 4; 124A.24; 124A.29, subdivision 1; 2.3 124C.07; 124C.08, subdivision 2; 124C.45, subdivision 2.4 1; 124C.46, subdivision 2; 124C.48, subdivision 1; 2.5 125.62, subdivisions 1 and 7; 125.623, subdivision 2; 2.6 126.031, subdivision 1; 126.15, subdivision 2; 126.49, 2.7 by adding a subdivision; 126.70, subdivision 2a; 2.8 126A.01; 126A.02, subdivision 2; 126B.01; 126B.03, 2.9 subdivisions 2 and 3; 127.30, subdivision 2; 128A.02, 2.10 subdivisions 1, 3, 5, and by adding a subdivision; 2.11 128A.021; 128A.022, subdivisions 1 and 6; 128A.024, 2.12 subdivision 4; 128A.025, subdivisions 1 and 2; 2.13 128A.026; 128A.05, subdivisions 1 and 2; 128B.10, 2.14 subdivision 1; 134.155; 134.34, subdivision 4a; 2.15 134.351, subdivision 4; 169.01, subdivision 6; 169.21, 2.16 subdivision 2; 169.444, subdivision 2; 169.4502, 2.17 subdivision 4; 169.4503, by adding a subdivision; 2.18 169.451, by adding a subdivision; 169.452; 169.454, 2.19 subdivision 5, and by adding a subdivision; 171.01, 2.20 subdivision 21; 171.18, subdivision 1; 171.321, 2.21 subdivisions 3, 4, and 5; 171.3215, subdivisions 1, 2, 2.22 and 3; 237.065; 631.40, subdivision 1a; Laws 1992, 2.23 chapter 499, article 11, section 9, as amended; Laws 2.24 1993, chapter 224, article 8, section 21, subdivision 2.25 1; Laws 1993, chapter 224, article 12, section 32, as 2.26 amended; Laws 1993, chapter 224, article 12, sections 2.27 39, and 41; Laws 1994, chapter 587, article 3, section 2.28 19, subdivision 1; Laws 1994, chapter 647, article 1, 2.29 section 36; Laws 1994, chapter 647, article 3, section 2.30 25; Laws 1994, chapter 647, article 7, section 15; 2.31 proposing coding for new law in Minnesota Statutes, 2.32 chapters 123; 124; 124C; 125; 126; 126B; 127; 134; 2.33 136D; 169; 604A; repealing Minnesota Statutes 1994, 2.34 sections 121.602, subdivision 5; 121.702, subdivision 2.35 9; 121.703; 123.58; 124.17, subdivision 1b; 124.243, 2.36 subdivisions 2a and 9; 124.2714; 124.273, subdivisions 2.37 1b and 2c; 124.32, subdivisions 1b, 1c, 1d, 1f, 2, and 2.38 3a; 124.574, subdivisions 2b, 3, 4, and 4a; 124.91, 2.39 subdivision 5; 124.912, subdivision 8; 124.914, 2.40 subdivisions 2, 3, and 4; 124.962; 124A.04, 2.41 subdivision 1; 124A.27, subdivision 11; 124A.29, 2.42 subdivision 2; 124A.291; 124A.292; 125.138, 2.43 subdivisions 6, 7, 8, 9, 10, and 11; 126.019; 126B.02; 2.44 126B.03; 126B.04; 126B.05; 128A.02, subdivisions 2 and 2.45 4; 128A.03; 268.9755; Laws 1991, chapter 265, article 2.46 5, section 23, as amended; Laws 1992, chapter 499, 2.47 article 7, sections 16, 17, and 27. 2.48 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.49 ARTICLE 1 2.50 GENERAL EDUCATION REVENUE 2.51 Section 1. Minnesota Statutes 1994, section 121.904, 2.52 subdivision 4a, is amended to read: 2.53 Subd. 4a. [LEVY RECOGNITION.] (a) "School district tax 2.54 settlement revenue" means the current, delinquent, and 2.55 manufactured home property tax receipts collected by the county 2.56 and distributed to the school district, including distributions 2.57 made pursuant to section 279.37, subdivision 7, and excluding 2.58 the amount levied pursuant to section 124.914, subdivision 1. 2.59 (b) In June of each year, the school district shall 3.1 recognize as revenue, in the fund for which the levy was made, 3.2 the lesser of: 3.3 (1) the May, June, and July school district tax settlement 3.4 revenue received in that calendar year; or 3.5 (2) the sum of the state aids and credits enumerated in 3.6 section 124.155, subdivision 2, which are for the fiscal year 3.7 payable in that fiscal year plus an amount equal to the levy 3.8 recognized as revenue in June of the prior year plus37.448 3.9 percent for fiscal year19941996 and thereafter of the amount 3.10 of the levy certified in the prior calendar year according to 3.11 section 124A.03, subdivision 2, plus or minus auditor's 3.12 adjustments, not including levy portions that are assumed by the 3.13 state; or 3.14 (3)37.448 percent for fiscal year19941996 and 3.15 thereafter of the amount of the levy certified in the prior 3.16 calendar year, plus or minus auditor's adjustments, not 3.17 including levy portions that are assumed by the state, which 3.18 remains after subtracting, by fund, the amounts levied for the 3.19 following purposes: 3.20 (i) reducing or eliminating projected deficits in the 3.21 reserved fund balance accounts for unemployment insurance and 3.22 bus purchases; 3.23 (ii) statutory operating debt pursuant to section 124.914, 3.24 subdivision 1; 3.25 (iii) retirement and severance pay pursuant to sections 3.26 122.531, subdivision 9, 124.2725, subdivision 15, 124.4945, 3.27 124.912, subdivision 1, and 124.916, subdivision 3, and Laws 3.28 1975, chapter 261, section 4; 3.29 (iv) amounts levied for bonds issued and interest thereon, 3.30 amounts levied for debt service loans and capital loans, amounts 3.31 levied for down payments under section 124.82, subdivision 3, 3.32 and amounts levied pursuant to section 136C.411; and 3.33 (v) amounts levied under section 124.755. 3.34 (c) In July of each year, the school district shall 3.35 recognize as revenue that portion of the school district tax 3.36 settlement revenue received in that calendar year and not 4.1 recognized as revenue for the previous fiscal year pursuant to 4.2 clause (b). 4.3 (d) All other school district tax settlement revenue shall 4.4 be recognized as revenue in the fiscal year of the settlement. 4.5 Portions of the school district levy assumed by the state, 4.6 including prior year adjustments and the amount to fund the 4.7 school portion of the reimbursement made pursuant to section 4.8 273.425, shall be recognized as revenue in the fiscal year 4.9 beginning in the calendar year for which the levy is payable. 4.10 Sec. 2. Minnesota Statutes 1994, section 121.904, 4.11 subdivision 4c, is amended to read: 4.12 Subd. 4c. [PROPERTY TAX SHIFT REDUCTIONCHANGE IN LEVY 4.13 RECOGNITION PERCENT.] (a) Money appropriated under section 4.14 16A.152, subdivision 2, must be used to reduce the levy 4.15 recognition percent specified in subdivision 4a, clauses (b)(2) 4.16 and (b)(3), for taxes payable in the succeeding calendar year. 4.17 (b) The levy recognition percent shall equal the result of 4.18 the following computation: the current levy recognition 4.19 percent, times the ratio of 4.20 (1) the statewide total amount of levy recognized in June 4.21 of the year in which the taxes are payable pursuant to 4.22 subdivision 4a, clause (b), excluding those levies that are 4.23 shifted for revenue recognition but are not included in the 4.24 computation of the adjustment to aids under section 124.155, 4.25 subdivision 1, reduced by the difference between the amount of 4.26 money appropriated under section 16A.152, subdivision 2, and the 4.27 amount required for the adjustment payment under clause (d), to 4.28 (2) the statewide total amount of the levy recognized in 4.29 June of the year in which the taxes are payable pursuant to 4.30 subdivision 4a, clause (b), excluding those levies that are 4.31 shifted for revenue recognition but are not included in the 4.32 computation of the adjustment to aids under section 124.155, 4.33 subdivision 1. 4.34 The result shall be rounded up to the nearest one-tenth of 4.35 a percent. However, in no case shall the levy recognition 4.36 percent be reduced below zero or increased above the current 5.1 levy recognition percent. 5.2 (c) The commissioner of finance must certify to the 5.3 commissioner of education the levy recognition percent computed 5.4 under this subdivision by January 5 of each year. The 5.5 commissioner of education must notify school districts of a 5.6 change in the levy recognition percent by January 15. 5.7 (d)For fiscal years 1994 and 1995,When the levy 5.8 recognition percent is increased or decreased as provided in 5.9 this subdivision, a special aid adjustment shall be made to each 5.10 school district with an operating referendum levy: 5.11 (i) When the levy recognition percent is increased from the 5.12 prior fiscal year, the commissioner of education shall calculate 5.13 the difference between (1) the amount of the levy under section 5.14 124A.03, that is recognized as revenue for the current fiscal 5.15 year according to subdivision 4a; and (2) the amount of the 5.16 levy, under section 124A.03, that would have been recognized as 5.17 revenue for the current fiscal year had the percentage according 5.18 to subdivision 4a, not been increased. The commissioner shall 5.19 reduce other aids due the district by the amount of the 5.20 difference. This aid reduction shall be in addition to the aid 5.21 reduction required because of the increase pursuant to this 5.22 subdivision of the levy recognition percent. 5.23 (ii) When the levy recognition percent is reducedas5.24provided in this subdivisionfrom the prior fiscal year, a 5.25 special adjustment payment shall be made to each school district 5.26 with an operating referendum levy that received an aid reduction 5.27under Laws 1991, chapter 265, article 1, section 31, or Laws5.281992, chapter 499, article 1, section 22when the levy 5.29 recognition percent was last increased. The special adjustment 5.30 payment shall be in addition to the additional payments required 5.31 because of the reduction pursuant to this subdivision of the 5.32 levy recognition percent. The amount of the special adjustment 5.33 payment shall be computed by the commissioner of education such 5.34 that any remaining portion of the aid reduction these districts 5.35 received that has not been repaid is repaid on a proportionate 5.36 basis as the levy recognition percent is reduced from 50 percent 6.1 to 31 percent. The special adjustment payment must be included 6.2 in the state aid payments to school districts according to the 6.3 schedule specified in section 124.195, subdivision 3.An6.4additional adjustment shall be made on June 30, 1995, for the6.5final payment otherwise due July 1, 1995, under Minnesota6.6Statutes 1992, section 136C.36.6.7 (e) The commissioner of finance shall transfer from the 6.8 general fund to the education aids appropriations specified by 6.9 the commissioner of education, the amounts needed to finance the 6.10 additional payments required because of the reduction pursuant 6.11 to this subdivision of the levy recognition percent. Payments 6.12 to a school district of additional state aids resulting from a 6.13 reduction in the levy recognition percent must be included in 6.14 the cash metering of payments made according to section 124.195 6.15 after January 15, and must be paid in a manner consistent with 6.16 the percent specified in that section. 6.17 Sec. 3. Minnesota Statutes 1994, section 124.17, 6.18 subdivision 1, is amended to read: 6.19 Subdivision 1. [PUPIL UNIT.] Pupil units for each resident 6.20 pupil in average daily membership shall be counted according to 6.21 this subdivision. 6.22 (a) A prekindergarten pupil with a disability who is 6.23 enrolledfor the entire fiscal yearin a program approved by the 6.24 commissioner and has an individual education planthat requires6.25up to 437 hours of assessment and education services in the6.26fiscal year is counted as one-half of a pupil unit. If the plan6.27requires more than 437 hours of assessment and education6.28services, the pupilis counted as the ratio of the number of 6.29 hours of assessment and education service to875825 with a 6.30 minimum of 0.28, but not more than one. 6.31 (b)A prekindergarten pupil with a disability who is6.32enrolled for less than the entire fiscal year in a program6.33approved by the commissioner is counted as the greater of:6.34(1) one-half times the ratio of the number of instructional6.35days from the date the pupil is enrolled to the date the pupil6.36withdraws to the number of instructional days in the school7.1year; or7.2(2) the ratio of the number of hours of assessment and7.3education service required in the fiscal year by the pupil's7.4individual education program plan to 875, but not more than one.7.5(c)A prekindergarten pupil who is assessed but determined 7.6 not to be handicapped is counted as the ratio of the number of 7.7 hours of assessment service to875825. 7.8(d)(c) A kindergarten pupil with a disability who is 7.9 enrolled in a program approved by the commissioner is counted as 7.10 the ratio of the number of hours of assessment and education 7.11 services required in the fiscal year by the pupil's individual 7.12 education program plan to 875, but not more than one. 7.13(e)(d)(i) A kindergarten pupil who is not included in 7.14 paragraph(d)(c) is counted as.515 of a pupil unit for fiscal7.15year 1994 and.53 of a pupil unit for fiscal year 1995 and 7.16 thereafter. 7.17 (ii) A kindergarten pupil or a prekindergarten pupil who is 7.18 not included in paragraph (b) or (c) counts as .53 pupil units 7.19 for fiscal years 1996 and later for time spent in a program 7.20 under section 124.2613. 7.21(f)(e) A pupil who is in any of grades 1 to 6 is counted 7.22 as1.03 pupil units for fiscal year 1994 and1.06 pupil units 7.23 for fiscal year 1995 and thereafter. 7.24(g)(f) A pupil who is in any of grades 7 to 12 is counted 7.25 as 1.3 pupil units. 7.26(h)(g) A pupil who is in the post-secondary enrollment 7.27 options program is counted as 1.3 pupil units. 7.28 Sec. 4. Minnesota Statutes 1994, section 124.17, is 7.29 amended by adding a subdivision to read: 7.30 Subd. 1f. [AFDC ENROLLMENT OPTIONS EXCEPTION.] 7.31 Notwithstanding subdivision 1d, AFDC pupil units for AFDC pupils 7.32 transferring between a school district with a desegregation plan 7.33 and another school district under sections 120.062, 120.075 to 7.34 120.0752, 124C.45 to 124C.48, and 126.22 shall be computed using 7.35 the AFDC concentration percentage computed for the pupil's 7.36 district of residence. 8.1 Sec. 5. Minnesota Statutes 1994, section 124.17, 8.2 subdivision 2f, is amended to read: 8.3 Subd. 2f. [PSEO PUPILS.] The average daily membership for 8.4 astudentpupil participating in the post-secondary enrollment 8.5 options program equals the lesser of 8.6(1)(a) 1.00, or 8.7(2)(b) the greater of 8.8(i)(1) .12, or 8.9(ii)(2) the ratio of (i) the sum of the number of 8.10 instructional hours thestudentpupil is enrolled in the 8.11 secondary schoolto the product of the number of days required8.12in section 120.101, subdivision 5b, times the minimum length of8.13day required in Minnesota Rules, part 3500.1500, subpart8.141during quarters, trimesters, or semesters during which the 8.15 pupil participates in PSEO, and hours enrolled in the secondary 8.16 school during the remainder of the school year, to (ii) the 8.17 actual number of instructional days in the school year times the 8.18 length of day in the school. 8.19 Sec. 6. Minnesota Statutes 1994, section 124.195, 8.20 subdivision 10, is amended to read: 8.21 Subd. 10. [AID PAYMENT PERCENTAGE.] Except as provided in 8.22 subdivisions 8, 9, and 11, each fiscal year, all education aids 8.23 and credits in this chapter and chapters 121, 123, 124A, 124B, 8.24 125, 126, 134, and section 273.1392, shall be paid at 90 percent 8.25 for districts operating a program under section 121.585 for 8.26 grades 1 to 12 for all students in the district and 85 percent 8.27 for other districts of the estimated entitlement during the 8.28 fiscal year of the entitlement, unless a higher rate has been 8.29 established according to section 121.904, subdivision 4d. 8.30 Districts operating a program under section 121.585 for grades 1 8.31 to 12 for all students in the district shall receive 85 percent 8.32 of the estimated entitlement plus an additional amount of 8.33 general education aid equal to five percent of the estimated 8.34 entitlement. For all districts, the final adjustment payment, 8.35 according to subdivision 6, shall be the amount of the actual 8.36 entitlement, after adjustment for actual data, minus the 9.1 payments made during the fiscal year of the entitlementshall be9.2paid as the final adjustment payment according to subdivision 6. 9.3 Sec. 7. Minnesota Statutes 1994, section 124.195, is 9.4 amended by adding a subdivision to read: 9.5 Subd. 14. [EDUCATION AIDS CASH FLOW ACCOUNT.] (a) An 9.6 education aids cash flow account is established in the state 9.7 treasury for the purpose of ensuring the timely payment of state 9.8 aids or credits to school districts as provided in this 9.9 section. In the event the account balance in any appropriation 9.10 from the general fund to the department of education for 9.11 education aids or credits is insufficient to make the next 9.12 scheduled payment or payments, the commissioner of education is 9.13 authorized to transfer funds from the education aids cash flow 9.14 account to the accounts that are insufficient. 9.15 (b) For purposes of this subdivision, an account may have 9.16 an insufficient balance only as a result of some districts being 9.17 overpaid based on revised estimates for the relevant annual aid 9.18 or credit entitlements. When the overpayment amounts are 9.19 recovered from the pertinent districts, the commissioner of 9.20 education shall transfer those amounts to the education aids 9.21 cash flow account. The commissioner shall determine when it is 9.22 not feasible to recover the overpayments in a timely manner from 9.23 the district's future aid payments and notify the district of 9.24 the amount that is to be refunded to the state. School 9.25 districts are encouraged to make such refunds promptly. The 9.26 commissioner may approve a schedule for making a refund when a 9.27 district demonstrates that its cash flow is inadequate to 9.28 promptly make the refund in full. 9.29 (c) There is annually appropriated from the general fund to 9.30 the education aids cash flow account the additional amount 9.31 necessary to ensure the timely payment of state aids or credits 9.32 to school districts as provided in this section. For any fiscal 9.33 year, the appropriation authorized in this subdivision shall not 9.34 exceed an amount equal to two-tenths of one percent of the total 9.35 general fund appropriations in that year for education aids and 9.36 credits. At the close of each fiscal year, the amount of actual 10.1 transfers plus anticipated transfers required in paragraph (b) 10.2 shall equal the authorized amounts transferred in paragraph (a) 10.3 so that the net effect on total general fund spending for 10.4 education aids and credits is zero. 10.5 Sec. 8. Minnesota Statutes 1994, section 124.2139, is 10.6 amended to read: 10.7 124.2139 [REDUCTION OF PAYMENTS TO SCHOOL DISTRICTS.] 10.8 The commissioner of revenue shall reduce the sum of the 10.9 additional transition credit, homestead and agricultural credit 10.10 aid, and disparity reduction aid payments under section 273.1398 10.11 made to school districts by the product of: 10.12 (1) the district's fiscal year 1984 payroll for coordinated 10.13 plan members of the public employees retirement association 10.14 other than technical college employees, times 10.15 (2) the difference between the employer contribution rate 10.16 in effect prior to July 1, 1984, and the total employer 10.17 contribution rate in effect after June 30, 1984. 10.18 Sec. 9. [124.2613] [KINDERGARTEN PREPAREDNESS PROGRAM.] 10.19 Subdivision 1. [PURPOSE.] The purpose of the kindergarten 10.20 preparedness program is to ensure that every child who enters 10.21 first grade has the necessary skills and readiness in order to 10.22 learn. To the extent possible, a kindergarten preparedness 10.23 program should serve children who are not otherwise receiving 10.24 sufficient readiness services from Head Start programs, learning 10.25 readiness programs, community education programs, way-to-grow 10.26 programs, or half-day kindergarten programs. 10.27 Subd. 2. [QUALIFYING DISTRICT.] A school district may 10.28 receive kindergarten preparedness revenue for qualifying school 10.29 sites if: 10.30 (1) the school board approves a resolution requiring the 10.31 district to provide services to all children located in a 10.32 qualifying school site attendance area over the age of 5-1/2 10.33 years as of January 1 of the previous year; and 10.34 (2) the district's administrative office is located in the 10.35 seven-county metropolitan area. 10.36 Subd. 3. [QUALIFYING SCHOOL SITE.] The commissioner of 11.1 education shall determine the number of free and reduced lunch 11.2 pupils as a percent of total average daily membership for each 11.3 school site that serves kindergarten pupils and rank all school 11.4 sites from highest to lowest percent. On March 15 of the 11.5 preceding year, the commissioner shall estimate the amount of 11.6 revenue available according to section 124.917 and qualify 11.7 school sites from the list of ranked sites until the estimated 11.8 revenue is allocated. 11.9 Subd. 4. [NONPARTICIPATION.] A parent or guardian of any 11.10 child under the age of seven and over the age of 5-1/2 years may 11.11 request the child not participate in kindergarten preparedness 11.12 programs. The school district shall allow the child to opt out 11.13 of the program if the district determines that the child is or 11.14 will be ready to meet the demands of first grade. 11.15 Subd. 5. [PROGRAM.] A qualifying school site must develop 11.16 its kindergarten preparedness program in consultation with other 11.17 providers of school readiness and child development services. 11.18 To the extent possible, kindergarten preparedness programs 11.19 should be provided to participating children for the full school 11.20 day. A qualifying school site must work with the county to 11.21 provide extended day services to as many children as possible. 11.22 Subd. 6. [REQUIREMENTS.] The board of a qualifying school 11.23 district must develop a plan to serve as many children as 11.24 possible. All revenue received under section 124.917 must be 11.25 allocated to the qualifying school sites within the district. 11.26 Subd. 7. [PREPAREDNESS REVENUE.] A qualifying school 11.27 district is eligible for kindergarten preparedness revenue equal 11.28 to the basic formula allowance for that year times the number of 11.29 pupil units calculated according to section 124.17, subdivision 11.30 1, paragraph (d), clause (ii) in each qualifying school site. 11.31 If the kindergarten preparedness revenue is insufficient to 11.32 fully fund the formula amounts, the commissioner of education 11.33 shall prorate the revenue provided to each qualifying school 11.34 site. 11.35 Sec. 10. Minnesota Statutes 1994, section 124A.03, 11.36 subdivision 1g, is amended to read: 12.1 Subd. 1g. [REFERENDUM EQUALIZATION LEVY.] (a) For fiscal 12.2 year 1996, a district's referendum equalization levy equals the 12.3 district's referendum equalization revenue times the lesser of 12.4 one or the ratio of the district's adjusted net tax capacity per 12.5 actual pupil unit to 100 percent of the equalizing factor as 12.6 defined in section 124A.02, subdivision 8. 12.7 (b) For fiscal year 1997 and thereafter, a district's 12.8 referendum equalization levy for a referendum levied against the 12.9 referendum market value of all taxable property as defined in 12.10 section 124A.02, subdivision 3b, equals the district's 12.11 referendum equalization revenue times the lesser of one or the 12.12 ratio of the district's referendum market value per actual pupil 12.13 unit to $476,000. 12.14 (c) For fiscal year 1997 and thereafter, a district's 12.15 referendum equalization levy for a referendum levied against the 12.16 net tax capacity of all taxable property equals the district's 12.17 referendum equalization revenue times the lesser of one or the 12.18 ratio of the district's adjusted net tax capacity per actual 12.19 pupil unit to 100 percent of the equalizing factor for that year. 12.20 Sec. 11. Minnesota Statutes 1994, section 124A.03, 12.21 subdivision 1h, is amended to read: 12.22 Subd. 1h. [REFERENDUM EQUALIZATION AID.] (a) A district's 12.23 referendum equalization aid equals the difference between its 12.24 referendum equalization revenue and levy. 12.25 (b)For fiscal year 1993, a district's referendum12.26equalization aid is equal to one-third of the amount calculated12.27in clause (a).12.28(c) For fiscal year 1994, a district's referendum12.29equalization aid is equal to two-thirds of the amount calculated12.30in clause (a).12.31(d)If a district's actual levy for referendum equalization 12.32 revenue is less than its maximum levy limit, aid shall be 12.33 proportionately reduced. 12.34 Sec. 12. Minnesota Statutes 1994, section 124A.0311, 12.35 subdivision 4, is amended to read: 12.36 Subd. 4. [REFERENDUM.] The school board must prepare and 13.1 publish in the official legal newspaper of the school district a 13.2 notice of the public meeting on the district's intent to convert 13.3 any portion of its referendum levy to market value not less than 13.4 30 days before the scheduled date of the meeting. The 13.5 resolution converting a portion of the district's referendum 13.6 levy to referendum market value becomes final unless within 30 13.7 days after the meeting where the resolution was adopted a 13.8 petition requesting an election signed by a number ofpeople13.9residing in the district equal to 15 percent of the number of13.10people who voted in the last general election in the school13.11district is filed with the recording officerqualified voters in 13.12 excess of 15 percent of the registered voters of the school 13.13 district on the day the petition is filed with the school 13.14 board. If a petition is filed, then the school board resolution 13.15 has no effect and the amount of referendum revenue authority 13.16 specified in the resolution cancels for taxes payable in the 13.17 following year and thereafter. The school board shall schedule 13.18 a referendum under section 124A.03, subdivision 2. 13.19 Sec. 13. Minnesota Statutes 1994, section 124A.22, 13.20 subdivision 2, is amended to read: 13.21 Subd. 2. [BASIC REVENUE.] The basic revenue for each 13.22 district equals the formula allowance times the actual pupil 13.23 units for the school year. The formula allowance forfiscal13.24years 1993 and 1994 is $3,050. The formula allowance forfiscal 13.25 year 1995and subsequent fiscal yearsis $3,150. The formula 13.26 allowance for fiscal year 1996 is $3,240. The formula allowance 13.27 for fiscal year 1997 and subsequent fiscal years is $3,220. 13.28 Sec. 14. Minnesota Statutes 1994, section 124A.22, 13.29 subdivision 2a, is amended to read: 13.30 Subd. 2a. [CONTRACT DEADLINE AND PENALTY.] (a) The 13.31 following definitions apply to this subdivision: 13.32 (1) "Public employer" means: 13.33 (i) a school district; and 13.34 (ii) a public employer, as defined by section 179A.03, 13.35 subdivision 15, other than a school district that(i)(a) 13.36 negotiates a contract under chapter 179A with teachers, 14.1 and(ii)(b) is established by, receives state money, or levies 14.2 under chapters 120 to 129, or 136D, or 268A, or section 136C.411. 14.3 (2) "Teacher" means a person, other than a superintendent 14.4 or assistant superintendent, principal, assistant principal, or 14.5 a supervisor or confidential employee who occupies a position 14.6 for which the person must be licensed by the board of teaching, 14.7 state board of education, or state board of technical colleges. 14.8 (b) Notwithstanding any law to the contrary, a public 14.9 employer and the exclusive representative of the teachers shall 14.10 both sign a collective bargaining agreement on or before January 14.11 15 of an even-numbered calendar year. If a collective 14.12 bargaining agreement is not signed by that date, state aid paid 14.13 to the public employer for that fiscal yearshallmust be 14.14 reduced. However, state aidshallmay not be reduced if: 14.15 (1) a public employer and the exclusive representative of 14.16 the teachers have submitted all unresolved contract items to 14.17 interest arbitration according to section 179A.16 before 14.18 December 31 of an odd-numbered year and filed required final 14.19 positions on all unresolved items with the commissioner of 14.20 mediation services before January 15 of an even-numbered year; 14.21 and 14.22 (2) the arbitration panel has issued its decision within 60 14.23 days after the date the final positions were filed. 14.24 (c)(1) For a district that reorganizes according to section 14.25 122.22, 122.23, or 122.241 to 122.248 effective July 1 of an 14.26 odd-numbered year, state aidshallmay not be reduced according 14.27 to this subdivision if the school board and the exclusive 14.28 representative of the teachers both sign a collective bargaining 14.29 agreement on or before the March 15 following the effective date 14.30 of reorganization. 14.31 (2) For a district that jointly negotiates a contract prior 14.32 to the effective date of reorganization under section 122.22, 14.33 122.23, or 122.241 to 122.248 that, for the first time, includes 14.34 teachers in all districts to be reorganized, state aidshallmay 14.35 not be reduced according to this subdivision if the school board 14.36 and the exclusive representative of the teachers sign a 15.1 collective bargaining agreement on or before the March 15 15.2 following the expiration of the teacher contracts in each 15.3 district involved in the joint negotiation. 15.4 (3) Only one extension of the contract deadline is 15.5 available to a district under this paragraph. 15.6 (d) The reductionshallmust equal $25 times the number of 15.7 actual pupil units: 15.8 (1) for a school district, that are in the district during 15.9 that fiscal year; or 15.10 (2) for a public employer other than a school district, 15.11 that are in programs provided by the employer during the 15.12 preceding fiscal year. 15.13 The department of education shall determine the number of 15.14 full-time equivalent actual pupil units in the programs. The 15.15 department of education shall reduce general education aid; if 15.16 general education aid is insufficient or not paid, the 15.17 department shall reduce other state aids. 15.18 (e) Reductions from aid to school districts and public 15.19 employers other than school districtsshallmust bereturned to15.20the general fundredistributed to districts that sign collective 15.21 bargaining agreements with their teachers by September 1 of the 15.22 previous odd-numbered year. The funds must be allocated on a 15.23 pupil unit basis. 15.24 Sec. 15. Minnesota Statutes 1994, section 124A.22, 15.25 subdivision 4, is amended to read: 15.26 Subd. 4. [TRAINING AND EXPERIENCE REVENUE.](a)The 15.27previous formula training and experience revenue for each15.28district equals the greater of zero or the result of the15.29following computation:15.30(1) subtract 1.6 from the training and experience index;15.31(2) multiply the result in clause (1) by the product of15.32$700 times the actual pupil units for the school year.15.33(b) The maximumtraining and experience revenue for each 15.34 district equals the greater of zero or the result of the 15.35 following computation: 15.36 (1) subtract .8 from the training and experience index; 16.1 (2) multiply the result in clause (1) by the product of 16.2 $660 times the actual pupil units for the school year. 16.3(c) For fiscal year 1994, the training and experience16.4revenue for each district equals the district's previous formula16.5training and experience revenue plus one-half of the difference16.6between the district's maximum training and experience revenue16.7and the district's previous formula training and experience16.8revenue.16.9(d) For fiscal year 1995, the training and experience16.10revenue for each district equals the district's previous formula16.11training and experience revenue plus three-fourths of the16.12difference between the district's maximum training and16.13experience revenue and the district's previous formula training16.14and experience revenue.16.15(e) For fiscal year 1996 and thereafter, the training and16.16experience revenue for each district equals the district's16.17maximum training and experience revenue.16.18 Sec. 16. Minnesota Statutes 1994, section 124A.22, 16.19 subdivision 4a, is amended to read: 16.20 Subd. 4a. [FISCAL YEAR 1996 TRAINING AND EXPERIENCE LEVY.] 16.21 A district's training and experience levy for fiscal year 1996 16.22 equals its training and experience revenue times the lesser of 16.23 one or the ratio of the district's adjusted net tax capacity per 16.24 actual pupil unit for the year before the year the levy is 16.25 certified to the equalizing factor for the school year to which 16.26 the levy is attributable. 16.27 Sec. 17. Minnesota Statutes 1994, section 124A.22, 16.28 subdivision 4b, is amended to read: 16.29 Subd. 4b. [FISCAL YEAR 1996 TRAINING AND EXPERIENCE AID.] 16.30 A district's training and experience aid for fiscal year 1996 16.31 equals its training and experience revenue minus its training 16.32 and experience levy times the ratio of the actual amount levied 16.33 to the permitted levy. 16.34 Sec. 18. Minnesota Statutes 1994, section 124A.22, 16.35 subdivision 8a, is amended to read: 16.36 Subd. 8a. [SUPPLEMENTAL LEVY.] To obtain supplemental 17.1 revenue, a district may levy an amount not more than the product 17.2 of its supplemental revenue for the school year times the lesser 17.3 of one or the ratio of its general education levy to its general 17.4 education revenue, excludingtraining and experience revenue and17.5 supplemental revenue, for the same year. 17.6 Sec. 19. Minnesota Statutes 1994, section 124A.22, 17.7 subdivision 9, is amended to read: 17.8 Subd. 9. [SUPPLEMENTAL REVENUE REDUCTION.] A district's 17.9 supplemental revenue allowance is reduced by the sum of: 17.10 (1) the sum of one-fourth of the difference of: 17.11 (i) the sum of the district's training and experience 17.12 revenue and compensatory revenue per actual pupil unit forthat17.13 fiscal year 1996, and 17.14 (ii) the sum of district's training and experience revenue 17.15 and compensatory revenue per actual pupil unit for fiscal year 17.16 1994; and 17.17 (2)the difference between the formula allowance for the17.18current fiscal year and $3,050$100. 17.19 A district's supplemental revenue allowance may not be less 17.20 than zero. 17.21 Sec. 20. Minnesota Statutes 1994, section 124A.225, 17.22 subdivision 4, is amended to read: 17.23 Subd. 4. [REVENUE USE.] (a) Revenue must be used according 17.24 to either paragraph (b),or (c), or (d). 17.25 (b) Revenue shall be used to reduceand maintainthe 17.26 district's instructor to learner ratios in kindergarten through 17.27 grade 6to a level of 1 to 17 on averageand maintain them at 17.28 reduced levels.The district must prioritize the use of the17.29revenue to attain this level initially in kindergarten and grade17.301 and then through the subsequent grades as revenue is available.17.31 (c)Notwithstanding paragraph (b), for fiscal year 1995, a17.32district with exceptional need as defined in subdivision 6,17.33paragraph (a), may use the revenue to reduce and maintain the17.34district's instructor-to-learner ratios in kindergarten through17.35grade 6 to a level that is at least 2.0 less than the district's17.36adopted staffing ratio, if the remaining learning and18.1development revenue is used to continue or initiate staffing18.2patterns that meet the needs of a diverse student population.18.3Programs to meet the needs of a diverse student population may18.4include programs for at-risk pupils and learning enrichment18.5programs.18.6(d) For fiscal year 1995 only, in any school building that18.7meets the characteristics of exceptional need as defined in18.8subdivision 6, paragraph (b), a district may use the revenue to18.9employ education assistants or aides supervised by a learner's18.10regular instructor to assist learners in those school buildings.18.11(e)The revenue may be used to prepare and use an 18.12 individualized learning plan for each learner. A district must 18.13 not increase the district wide instructor-learner ratios in 18.14 other grades as a result of reducing instructor-learner ratios 18.15 in kindergarten through grade 6. Revenue may not be used to 18.16 provide instructor preparation time or to provide the district's 18.17 share of revenue required under section 124.311. A school 18.18 district may use a portion of the revenue reserved under this 18.19 section to employ up to the same number of full-time equivalent 18.20 education assistants or aides as the district employed during 18.21 the 1992-1993 school year under Minnesota Statutes 1992, section 18.22 124.331, subdivision 2. 18.23 Sec. 21. Minnesota Statutes 1994, section 124A.225, 18.24 subdivision 5, is amended to read: 18.25 Subd. 5. [ADDITIONAL REVENUE USE.] If the school board of 18.26 a school district determines that the district has achieved and 18.27 is maintaining the instructor-learner ratios specifiedin18.28subdivision 4by the school board and is using individualized 18.29 learning plans, the school board may use the revenue to purchase 18.30 material and services or provide staff development needed for 18.31 reduced instructor-learner ratios. If additional revenue 18.32 remains, the district must use the revenue to improve program 18.33 offerings, including programs provided through interactive 18.34 television, throughout the district or other general education 18.35 purposes. 18.36 Sec. 22. Minnesota Statutes 1994, section 124A.23, 19.1 subdivision 1, is amended to read: 19.2 Subdivision 1. [GENERAL EDUCATION TAX RATE.] The 19.3 commissioner shall establish the general education tax rate by 19.4 July 1 of each year for levies payable in the following year. 19.5 The general education tax capacity rate shall be a rate, rounded 19.6 up to the nearest tenth of a percent, that, when applied to the 19.7 adjusted net tax capacity for all districts, raises the amount 19.8 specified in this subdivision. The general education tax rate 19.9 shall be the rate that raises$1,044,000,000 for fiscal year19.101995 and$1,054,000,000 for fiscal year 1996 and $1,158,000,000 19.11 for fiscal year 1997 and later fiscal years. The general 19.12 education tax rate may not be changed due to changes or 19.13 corrections made to a district's adjusted net tax capacity after 19.14 the tax rate has been established. 19.15 Sec. 23. Minnesota Statutes 1994, section 124A.23, 19.16 subdivision 4, is amended to read: 19.17 Subd. 4. [GENERAL EDUCATION AID.] A district's general 19.18 education aid is the sum of the following amounts: 19.19 (1) the product of (i) the difference between the general 19.20 education revenue,excluding training and experience revenue and19.21 supplemental revenue, and the general education levy, times (ii) 19.22 the ratio of the actual amount levied to the permitted levy; 19.23 (2)training and experience aid according to section19.24124A.22, subdivision 4b;19.25(3)supplemental aid according to section 124.214, 19.26 subdivision 2; 19.27(4)(3) shared time aid according to section 124A.02, 19.28 subdivision 21; and 19.29(5)(4) referendum aid according to section 124A.03. 19.30 Sec. 24. Minnesota Statutes 1994, section 124A.24, is 19.31 amended to read: 19.32 124A.24 [GENERAL EDUCATION LEVY EQUITY.] 19.33 If a district's general education levy is determined 19.34 according to section 124A.23, subdivision 3, an amount must be 19.35 deducted from state aid authorized in this chapter and chapters 19.36 124 and 124B, receivable for the same school year, and from 20.1 other state payments receivable for the same school year 20.2 authorized in chapter 273. The aid in section 124.646 must not 20.3 be reduced. 20.4 The amount of the deduction equals the difference between: 20.5 (1) the general education tax rate, according to section 20.6 124A.23, times the district's adjusted net tax capacity used to 20.7 determine the general education aid for the same school year; 20.8 and 20.9 (2) the district's general education revenue, excluding 20.10training and experience revenue andsupplemental revenue, for 20.11 the same school year, according to section 124A.22. 20.12 Sec. 25. Minnesota Statutes 1994, section 124A.29, 20.13 subdivision 1, is amended to read: 20.14 Subdivision 1. [STAFF DEVELOPMENT AND PARENTAL INVOLVEMENT 20.15 REVENUE.](a) Of a district's basic revenue under section20.16124A.22, subdivision 2, an amount equal to one percent in fiscal20.17year 1994, two percent in fiscal year 1995, and 2.5 percent in20.18fiscal year 1996 and thereafter times the formula allowance20.19times the number of actual pupil units shall be reserved and may20.20be used onlyA district is encouraged to use general education 20.21 revenue for in-service education for programs under section 20.22 126.77, subdivision 2, or for staff development plans, including 20.23 plans for challenging instructional activities and experiences 20.24 under section 126.70. Districts may expend an additional amount20.25of basic revenue for staff development based on their needs.20.26The school board shall initially allocate 50 percent of the20.27revenue to each school site in the district on a per teacher20.28basis, which shall be retained by the school site until used.20.29The board may retain 25 percent to be used for district wide20.30staff development efforts. The remaining 25 percent of the20.31revenue shall be used to make grants to school sites that20.32demonstrate exemplary use of allocated staff development20.33revenue. A grant may be used for any purpose authorized under20.34section 126.70 or 126.77, subdivision 2, and determined by the20.35site decision-making team. The site decision-making team must20.36demonstrate to the school board the extent to which staff at the21.1site have met the outcomes of the program. The board may21.2withhold a portion of initial allocation of revenue if the staff21.3development outcomes are not being met.21.4(b) Of a district's basic revenue under section 124A.22,21.5subdivision 2, an amount equal to $5 times the number of actual21.6pupil units must be reserved and may be used only toand provide 21.7 parental involvement programs that implement section 126.69. 21.8Parental involvement programs may include career teacher21.9programs, programs promoting parental involvement in the PER21.10process, coordination of volunteer services, participation in21.11developing, implementing, or evaluating school21.12desegregation/integration plans, and programs designed to21.13encourage community involvement.A district is encouraged to 21.14 use equipment revenue for technology for staff development and 21.15 general education revenue for programs designed to improve 21.16 staff's technological skills. 21.17 Sec. 26. Laws 1994, chapter 647, article 1, section 36, is 21.18 amended to read: 21.19 Sec. 36. [PEQUOT LAKES;DELAY INFORGIVENESS OF AID 21.20 REPAYMENT.] 21.21 The department of education mustallow independent school21.22district No. 186, Pequot Lakes, to repay over a five-year period21.23 forgive state aid overpayments of $196,000 for fiscal years 1991 21.24 and 1992 due to the property tax revenue recognition 21.25 shift attributable to independent school district No. 186, 21.26 Pequot Lakes.Notwithstanding Minnesota Statutes, section21.27124.155, subdivision 1, aids for independent school district No.21.28186, Pequot Lakes, shall not be adjusted for fiscal years 199121.29and 1992 for pupils transferring into the district under21.30Minnesota Statutes, section 120.062.21.31 Sec. 27. [SUPPLEMENTAL REVENUE REDUCTION.] 21.32 For fiscal years 1996 and 1997, a district that qualified 21.33 for a supplemental revenue reduction exception under Laws 1994, 21.34 chapter 647, article 1, section 35, shall receive a supplemental 21.35 revenue reduction adjustment equal to 60 percent of the amount 21.36 received in 1995. 22.1 Sec. 28. [PERMANENT SCHOOL FUND EARNINGS.] 22.2 During either fiscal year 1996 or 1997, if the amount to be 22.3 distributed according to Minnesota Statutes, section 124.09, 22.4 exceeds $32,500,000, notwithstanding section 124.09, the state 22.5 board of investment may invest the amount in excess of 22.6 $32,500,000 in equities with the goal of improving the long-term 22.7 income from the permanent school fund. 22.8 Sec. 29. [LEVY ADJUSTMENT; LE SUEUR-HENDERSON.] 22.9 Notwithstanding any law to the contrary, independent school 22.10 district No. 2397, Le Sueur-Henderson, must not receive a 22.11 negative levy adjustment for any referendum levy made by 22.12 independent school district No. 734, Henderson, that was 22.13 certified for taxes payable in 1992. 22.14 Sec. 30. [EQUALIZING FACTOR.] 22.15 For fiscal year 1996 only, levies calculated under chapters 22.16 124 and 124A shall not be recomputed because of an increase in 22.17 the formula allowance under Minnesota Statutes, section 124A.22, 22.18 subdivision 2. 22.19 Sec. 31. [APPROPRIATIONS.] 22.20 Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums 22.21 indicated in this section are appropriated from the general fund 22.22 to the department of education for the fiscal years designated. 22.23 Subd. 2. [GENERAL AND SUPPLEMENTAL EDUCATION AID.] For 22.24 general and supplemental education aid: 22.25 $2,045,366,000 ..... 1996 22.26 $2,226,563,000 ..... 1997 22.27 The 1996 appropriation includes $301,965,000 for 1995 and 22.28 $1,743,401,000 for 1996. 22.29 The 1997 appropriation includes $329,476,000 for 1996 and 22.30 $1,897,087,000 for 1997. 22.31 Sec. 32. [REPEALER.] 22.32 (a) Minnesota Statutes 1994, section 124A.27, subdivision 22.33 11, is repealed. 22.34 (b) Minnesota Statutes 1994, sections 124.17, subdivision 22.35 1b; 124A.04, subdivision 1; 124A.29, subdivision 2; and 22.36 124A.291, are repealed. 23.1 ARTICLE 2 23.2 TRANSPORTATION 23.3 Section 1. Minnesota Statutes 1994, section 123.3514, 23.4 subdivision 8, is amended to read: 23.5 Subd. 8. [TRANSPORTATION.] A parent or guardian of a pupil 23.6 enrolled in a course for secondary credit may apply to the 23.7 pupil's district of residence for reimbursement for transporting 23.8 the pupil between the secondary school in which the pupil is 23.9 enrolled or the pupil's home and the post-secondary institution 23.10 that the pupil attends. The commissioner shall establish 23.11 guidelines for providing state aid to districts to reimburse the 23.12 parent or guardian for the necessary transportation costs, which 23.13 shall be based on financial need. The reimbursement may not 23.14 exceed the pupil's actual cost of transportation or 15 cents per 23.15 mile traveled, whichever is less. Reimbursement may not be paid 23.16 for more than 250 miles per week. However, if the nearest 23.17 post-secondary institution is more than 25 miles from the 23.18 pupil's resident secondary school, the weekly reimbursement may 23.19 not exceed the reimbursement rate per mile times the actual 23.20 distance between the secondary school or the pupil's home and 23.21 the nearest post-secondary institution times ten. The state 23.22 shall pay aid to the district according to the guidelines 23.23 established under this subdivision. Chapter 14 does not apply 23.24 to the guidelines. 23.25 Sec. 2. Minnesota Statutes 1994, section 123.7991, 23.26 subdivision 2, is amended to read: 23.27 Subd. 2. [STUDENT TRAINING.] (a) Each school district 23.28 shall provide public school pupils enrolled in grades 23.29 kindergarten through1210 with age-appropriate school bus 23.30 safety training. The training shall be results-oriented and 23.31 shall consist of both classroom instruction and practical 23.32 training using a school bus. Upon completing the training, a 23.33 student shall be able to demonstrate knowledge and understanding 23.34 of at least the following competencies and concepts: 23.35 (1) transportation by school bus is a privilege and not a 23.36 right; 24.1 (2) district policies for student conduct and school bus 24.2 safety; 24.3 (3) appropriate conduct while on the school bus; 24.4 (4) the danger zones surrounding a school bus; 24.5 (5) procedures for safely boarding and leaving a school 24.6 bus; 24.7 (6) procedures for safevehicle lanestreet or road 24.8 crossing; and 24.9 (7) school bus evacuation and other emergency procedures. 24.10 (b) Each nonpublic school located within the district shall 24.11 provide all nonpublic school pupils enrolled in grades 24.12 kindergarten through 10 who are transported by school bus at 24.13 public expense and attend school within the district's 24.14 boundaries with training as required in paragraph (a). The 24.15 school district shall make a bus available for the practical 24.16 training if the district transports the nonpublic students. 24.17 Each nonpublic school shall provide the instruction. 24.18 (c) Student school bus safety training shall commence 24.19 during school bus safety week. All students enrolled in grades 24.20 kindergarten through 3 who are transported by school bus and are 24.21 enrolled during the first or second week of school must 24.22 demonstrate achievement of the school bus safety training 24.23 competencies by the end of the third week of school. All 24.24 students enrolled in grades 4 through 10 who are transported by 24.25 school bus and are enrolled during the first or second week of 24.26 school must demonstrate achievement of the competencies by the 24.27 end of the sixth week of school. Students enrolled in grades 24.28 kindergarten through 10 who enroll in a school after thefirst24.29 second week of school and are transported by school bus shall 24.30 undergo school bus safety training and demonstrate achievement 24.31 of the school bus safety competencies withinthreefour weeks of 24.32 the first day of attendance. The pupil transportation safety 24.33 director in each district must certify to the commissioner of 24.34 education annuallyby October 15that all students transported 24.35 by school bus within the district have satisfactorily 24.36 demonstrated knowledge and understanding of the school bus 25.1 safety competencies according to this section or provide an 25.2 explanation for a student's failure to demonstrate the 25.3 competencies. The principal or other chief administrator of 25.4 each nonpublic school must certify annually to the public 25.5 transportation safety director of the district in which the 25.6 school is located that all of the school's students transported 25.7 by school bus at public expense have received training. A 25.8 school district may deny transportation to a student who fails 25.9 to demonstrate the competencies, unless the student is unable to 25.10 achieve the competencies due to a disability, or to a student 25.11 who attends a nonpublic school that fails to provide training as 25.12 required by this subdivision. 25.13(c)(d) A school district and a nonpublic school with 25.14 students transported by school bus at public expense must, to 25.15 the extent possible, provide kindergarten pupils with bus safety 25.16 training before the first day of school. 25.17(d)(e) A school district and a nonpublic school with 25.18 students transported by school bus at public expense must also 25.19 provide student safety education for bicycling and pedestrian 25.20 safety. 25.21 (f) A school district and a nonpublic school with students 25.22 transported by school bus at public expense must make reasonable 25.23 accommodations for the school bus, bicycle, and pedestrian 25.24 safety training of pupils known to speak English as a second 25.25 language and pupils with disabilities. 25.26 Sec. 3. Minnesota Statutes 1994, section 123.7991, 25.27 subdivision 3, is amended to read: 25.28 Subd. 3. [MODEL TRAINING PROGRAM.] The commissioner of 25.29 education shall develop a comprehensive model school bus safety 25.30 training program for pupils who ride the bus that includes bus 25.31 safety curriculum for both classroom and practical instruction, 25.32 methods for assessing attainment of school bus safety 25.33 competencies, and age-appropriate instructional materials. The 25.34 program must be adaptable for use by students with disabilities. 25.35 Sec. 4. Minnesota Statutes 1994, section 123.805, 25.36 subdivision 1, is amended to read: 26.1 Subdivision 1. [COMPREHENSIVE POLICY.] Each school 26.2 district shall develop and implement a comprehensive, written 26.3 policy governing pupil transportation safety, including 26.4 transportation of nonpublic school students, when applicable. 26.5 The policy shall, at minimum, contain: 26.6 (1) provisions for appropriate student bus safety training 26.7 under section 123.7991; 26.8 (2) rules governing student conduct on school buses and in 26.9 school bus loading and unloading areas; 26.10 (3) a statement of parent or guardian responsibilities 26.11 relating to school bus safety; 26.12 (4) provisions for notifying students and parents or 26.13 guardians of their responsibilities and the rules; 26.14 (5) an intradistrict system for reporting school bus 26.15 accidents or misconduct, a system for dealing with local law 26.16 enforcement officials in cases of criminal conduct on a school 26.17 bus, and a system for reporting accidents, crimes, incidents of 26.18 misconduct, and bus driver dismissals to the department of 26.19 public safety under section 169.452; 26.20 (6) a discipline policy to address violations of school bus 26.21 safety rules, including procedures for revoking a student's bus 26.22 riding privileges in cases of serious or repeated misconduct; 26.23 (7) a system for integrating school bus misconduct records 26.24 with other discipline records; 26.25 (8) a statement of bus driver duties; 26.26 (9) planned expenditures for safety activities under 26.27 section 123.799 and, where applicable, provisions governing bus 26.28 monitor qualifications, training, and duties; 26.29 (10) rules governing the use and maintenance of type III 26.30 vehicles, drivers of type III vehicles, qualifications to drive 26.31 a type III vehicle, qualifications for a type III vehicle and 26.32 the circumstances under which a student may be transported in a 26.33 type III vehicle; 26.34 (11) operating rules and procedures; 26.35 (12) provisions for annual bus driver in-service training 26.36 and evaluation; 27.1 (13) emergency procedures;and27.2 (14) a system for maintaining and inspecting equipment; 27.3 (15) requirements of the school district, if any, that 27.4 exceed state law minimum requirements for school bus operations; 27.5 and 27.6 (16) requirements for basic first aid training, which shall 27.7 include the Heimlich maneuver and procedures for dealing with 27.8 obstructed airways, shock, bleeding, and seizures. 27.9 School districts are encouraged to use the model policy 27.10 developed by the Minnesota school boards association, the 27.11 department of public safety, and the department of education, as 27.12 well as the current edition of the "National Standards for 27.13 School Buses and Operations" published by the National Safety 27.14 Council, in developing safety policies. Each district shall 27.15 submit a copy of its policy under this subdivision to the school 27.16 bus safety advisory committee no later than August 1, 1994, and27.17review and make appropriate amendments annually by August27.181. Each district shall review its policy annually and make 27.19 appropriate amendments, which must be submitted to the school 27.20 bus safety advisory committee within one month of approval by 27.21 the school board. 27.22 Sec. 5. Minnesota Statutes 1994, section 123.805, 27.23 subdivision 2, is amended to read: 27.24 Subd. 2. [SCHOOL TRANSPORTATION SAFETY DIRECTOR.] Each 27.25 school board shall designate a school transportation safety 27.26 director to oversee and implement pupil transportation safety 27.27 policies. The director shall have day-to-day responsibility for 27.28 pupil transportation safety within the district, including 27.29 transportation of nonpublic school children when provided by the 27.30 district. 27.31 Sec. 6. Minnesota Statutes 1994, section 124.223, 27.32 subdivision 7, is amended to read: 27.33 Subd. 7. [FARIBAULT STATE ACADEMIESTRANSPORTATION TO AND 27.34 FROM BOARD AND LODGING FACILITIES.] State transportation aid is 27.35 authorized for transportation forresidentsresident pupils with 27.36 disabilities to and fromthe Minnesota state academy for the28.1deaf or the Minnesota state academy for the blindboard and 28.2 lodging facilities when the pupil is boarded and lodged for 28.3 educational purposes. 28.4 Sec. 7. Minnesota Statutes 1994, section 124.225, 28.5 subdivision 1, is amended to read: 28.6 Subdivision 1. [DEFINITIONS.] For purposes of this 28.7 section, the terms defined in this subdivision have the meanings 28.8 given to them. 28.9 (a) "FTE" means a full-time equivalent pupil whose 28.10 transportation is authorized for aid purposes by section 124.223. 28.11 (b) "Authorized cost for regular transportation" means the 28.12 sum of: 28.13 (1) all expenditures for transportation in the regular 28.14 category, as defined in paragraph (c), clause (1), for which aid 28.15 is authorized in section 124.223, plus 28.16 (2) an amount equal to one year's depreciation on the 28.17 district's school bus fleet and mobile units computed on a 28.18 straight line basis at the rate of 15 percent per year for 28.19 districts operating a program under section 121.585 for grades 1 28.20 to 12 for all students in the district and 12-1/2 percent per 28.21 year for other districts of the cost of the fleet, plus 28.22 (3) an amount equal to one year's depreciation on district 28.23 school buses reconditioned by the department of corrections 28.24 computed on a straight line basis at the rate of 33-1/3 percent 28.25 per year of the cost to the district of the reconditioning, plus 28.26 (4) an amount equal to one year's depreciation on the 28.27 district's type three school buses, as defined in section 28.28 169.01, subdivision 6, clause (5), which must be used a majority 28.29 of the time for the purposes in sections 124.223 and 124.226, 28.30 subdivisions 5, 8, and 9, and were purchased after July 1, 1982, 28.31 for authorized transportation of pupils,with the prior approval28.32of the commissioner,computed on a straight line basis at the 28.33 rate of 20 percent per year of the cost of the type three school 28.34 buses. 28.35 (c) "Transportation category" means a category of 28.36 transportation service provided to pupils as follows: 29.1 (1) Regular transportation is transportation services 29.2 provided during the regular school year under section 124.223, 29.3 subdivisions 1 and 2, excluding the following transportation 29.4 services provided under section 124.223, subdivision 1: 29.5 transportation between schools; noon transportation to and from 29.6 school for kindergarten pupils attending half-day sessions; 29.7 transportation of pupils to and from schools located outside 29.8 their normal attendance areas under the provisions of a plan for 29.9 desegregation mandated by the state board of education or under 29.10 court order; and transportation of elementary pupils to and from 29.11 school within a mobility zone. 29.12 (2) Nonregular transportation is transportation services 29.13 provided under section 124.223, subdivision 1, that are excluded 29.14 from the regular category and transportation services provided 29.15 under section 124.223, subdivisions 3, 4, 5, 6, 7, 8, 9, and 10. 29.16 (3) Excess transportation is transportation to and from 29.17 school during the regular school year for secondary pupils 29.18 residing at least one mile but less than two miles from the 29.19 public school they could attend or from the nonpublic school 29.20 actually attended, and transportation to and from school for 29.21 pupils residing less than one mile from school who are 29.22 transported because of extraordinary traffic, drug, or crime 29.23 hazards. 29.24 (4) Desegregation transportation is transportation within 29.25 and outside of the district during the regular school year of 29.26 pupils to and from schools located outside their normal 29.27 attendance areas under a plan for desegregation mandated by the 29.28 state board or under court order. 29.29 (5) Handicapped transportation is transportation provided 29.30 under section 124.223, subdivision 4, for pupils with a 29.31 disability between home or a respite care facility and school or 29.32 other buildings where special instruction required by sections 29.33 120.17 and 120.1701 is provided. 29.34 (d) "Mobile unit" means a vehicle or trailer designed to 29.35 provide facilities for educational programs and services, 29.36 including diagnostic testing, guidance and counseling services, 30.1 and health services. A mobile unit located off nonpublic school 30.2 premises is a neutral site as defined in section 123.932, 30.3 subdivision 9. 30.4 (e) "Current year" means the school year for which aid will 30.5 be paid. 30.6 (f) "Base year" means the second school year preceding the 30.7 school year for which aid will be paid. 30.8 (g) "Base cost" means the ratio of: 30.9 (1) the sum of the authorized cost in the base year for 30.10 regular transportation as defined in paragraph (b) plus the 30.11 actual cost in the base year for excess transportation as 30.12 defined in paragraph (c); 30.13 (2) to the sum of the number of weighted FTE's in the 30.14 regular and excess categories in the base year. 30.15 (h) "Pupil weighting factor" for the excess transportation 30.16 category for a school district means the lesser of one, or the 30.17 result of the following computation: 30.18 (1) Divide the square mile area of the school district by 30.19 the number of FTE's in the regular and excess categories in the 30.20 base year. 30.21 (2) Raise the result in clause (1) to the one-fifth power. 30.22 (3) Divide four-tenths by the result in clause (2). 30.23 The pupil weighting factor for the regular transportation 30.24 category is one. 30.25 (i) "Weighted FTE's" means the number of FTE's in each 30.26 transportation category multiplied by the pupil weighting factor 30.27 for that category. 30.28 (j) "Sparsity index" for a school district means the 30.29 greater of .005 or the ratio of the square mile area of the 30.30 school district to the sum of the number of weighted FTE's by 30.31 the district in the regular and excess categories in the base 30.32 year. 30.33 (k) "Density index" for a school district means the greater 30.34 of one or the result obtained by subtracting the product of the 30.35 district's sparsity index times 20 from two. 30.36 (l) "Contract transportation index" for a school district 31.1 means the greater of one or the result of the following 31.2 computation: 31.3 (1) Multiply the district's sparsity index by 20. 31.4 (2) Select the lesser of one or the result in clause (1). 31.5 (3) Multiply the district's percentage of regular FTE's in 31.6 the current year using vehicles that are not owned by the school 31.7 district by the result in clause (2). 31.8 (m) "Adjusted predicted base cost" means the predicted base 31.9 cost as computed in subdivision 3a as adjusted under subdivision 31.10 7a. 31.11 (n) "Regular transportation allowance" means the adjusted 31.12 predicted base cost, inflated and adjusted under subdivision 7b. 31.13 Sec. 8. Minnesota Statutes 1994, section 124.225, 31.14 subdivision 3a, is amended to read: 31.15 Subd. 3a. [PREDICTED BASE COST.] A district's predicted 31.16 base cost equals the result of the following computation: 31.17 (a) Multiply the transportation formula allowance by the 31.18 district's sparsity index raised to the one-fourth power. The 31.19 transportation formula allowance is$447$477 for the 31.201991-19921993-1994 base year and$463$491 for the1992-199331.21 1994-1995 base year. 31.22 (b) Multiply the result in paragraph (a) by the district's 31.23 density index raised to the35/1001/2 power. 31.24 (c) Multiply the result in paragraph (b) by the district's 31.25 contract transportation index raised to the 1/20 power. 31.26 Sec. 9. Minnesota Statutes 1994, section 124.225, 31.27 subdivision 7b, is amended to read: 31.28 Subd. 7b. [INFLATION FACTORS.] (a) The adjusted predicted 31.29 base cost determined for a district under subdivision 7a for the 31.30 base year must be increased by2.35zero percent to determine 31.31 the district's regular transportation allowance for the 31.321993-19941995-1996 school year and by3.425zero percent to 31.33 determine the district's regular transportation allowance for 31.34 the1994-19951996-1997 school year, but. 31.35 (b) Notwithstanding paragraph (a), the regular 31.36 transportation allowance for a district for the 1995-1996 school 32.1 year and the 1996-1997 school year cannot be less than the 32.2 district's minimum regular transportation allowance according to 32.3 Minnesota Statutes 1990, section 124.225, subdivision 1, 32.4 paragraph (t). 32.5 (c) Notwithstanding paragraph (a), the regular 32.6 transportation allowance for a district for the 1997-1998 school 32.7 year and later cannot be less than the district's regular 32.8 transportation allowance for the 1996-1997 school year. 32.9 Sec. 10. Minnesota Statutes 1994, section 124.225, 32.10 subdivision 7d, is amended to read: 32.11 Subd. 7d. [TRANSPORTATION REVENUE.] Transportation revenue 32.12 for each district equals the sum of the district's regular 32.13 transportation revenue and the district's nonregular 32.14 transportation revenue. 32.15 (a) The regular transportation revenue for each district 32.16 equals the district's regular transportation allowance according 32.17 to subdivision 7b times the sum of the number of FTE's by the 32.18 district in the regular, desegregation, and handicapped 32.19 categories in the current school year. 32.20 (b) For the1992-1993 and later school years1995-1996 32.21 school year, the nonregular transportation revenue for each 32.22 district equals the lesser of the district's actual cost in the 32.23 current school year for nonregular transportation services or 32.24 the product of the district's actual cost in the base year for 32.25 nonregular transportation services as defined for the current 32.26 year in subdivision 1, paragraph (c), times the ratio of the 32.27 district's average daily membership for the current year to the 32.28 district's average daily membership for the base year according 32.29 to section 124.17, subdivision 2, times the nonregular 32.30 transportation inflation factor for the current year, minus the 32.31 amount of regular transportation revenue attributable to FTE's 32.32 in the desegregation and handicapped categories in the current 32.33 school year, plus the excess nonregular transportation revenue 32.34 for the current year according to subdivision 7e. The 32.35 nonregular transportation inflation factor is1.04351.0 for the 32.361993-19941995-1996 school yearand 1.03425 for the 1994-199533.1school year. 33.2 (c) For the 1996-1997 school year, the nonregular 33.3 transportation revenue for each district equals the lesser of: 33.4 (1) the district's actual cost in the current school year 33.5 for nonregular transportation services, excess transportation 33.6 services, and late activity transportation services; or 33.7 (2) the product of the district's actual cost in the base 33.8 year for nonregular transportation services as defined for the 33.9 current year in subdivision 1, paragraph (c), 33.10 times the ratio of the district's average daily membership for 33.11 the current year to the district's average daily membership for 33.12 the base year according to section 124.17, subdivision 2, times 33.13 the nonregular transportation inflation factor for the current 33.14 year, minus the amount of regular transportation revenue 33.15 attributable to FTE's in the desegregation and handicapped 33.16 categories in the current school year, plus the excess 33.17 nonregular transportation revenue for the current year according 33.18 to subdivision 7e. 33.19 The nonregular transportation inflation factor is 1.0 for 33.20 the 1996-1997 school year. 33.21 (d) For the 1997-1998 school year and later, the nonregular 33.22 transportation revenue for each district equals the lesser of: 33.23 (1) the district's actual cost in the current school year 33.24 for nonregular transportation services, excess transportation 33.25 services, and late activity transportation services; or 33.26 (2) the product of the greater of: 33.27 (i) the district's actual cost in the base year for 33.28 nonregular transportation services as defined for the current 33.29 year in subdivision 1, paragraph (c); or 33.30 (ii) the lesser of the district's actual cost in the base 33.31 year for nonregular transportation services, excess 33.32 transportation services, and late activity transportation 33.33 services or the district's actual cost in the 1994-1995 school 33.34 year for nonregular transportation services, 33.35 times the ratio of the district's average daily membership for 33.36 the current year to the district's average daily membership for 34.1 the base year according to section 124.17, subdivision 2, times 34.2 the nonregular transportation inflation factor for the current 34.3 year, minus the amount of regular transportation revenue 34.4 attributable to FTE's in the desegregation and handicapped 34.5 categories in the current school year, plus the excess 34.6 nonregular transportation revenue for the current year according 34.7 to subdivision 7e. 34.8 The nonregular transportation inflation factor is 1.0 for 34.9 the 1997-1998 and later school years. 34.10 Sec. 11. Minnesota Statutes 1994, section 124.225, 34.11 subdivision 7f, is amended to read: 34.12 Subd. 7f. [RESERVED REVENUE FOR TRANSPORTATION SAFETY.] A 34.13 district shall reserve an amount equal to the greater of 34.14$1,000$500 or one-half of one percent of the sum of the 34.15 district's regular transportation revenue according to 34.16 subdivision 7d, paragraph (a), and nonregular transportation 34.17 revenue according to subdivision 7d, paragraph (b), for that 34.18 school year to provide student transportation safety programs 34.19 under section 123.799. 34.20 Sec. 12. Minnesota Statutes 1994, section 124.225, 34.21 subdivision 8a, is amended to read: 34.22 Subd. 8a. [TRANSPORTATION AID.] (a) A district's 34.23 transportation aid equals the product of: 34.24 (1) the difference between the transportation revenue and 34.25 the sum of: 34.26 (i) the maximum basic transportation levy for that school 34.27 year under section275.125124.226, subdivision51, plus 34.28 (ii) the maximum nonregular transportation levy for that 34.29 school year under section 124.226, subdivision 4, plus 34.30 (iii) the contracted services aid reduction under 34.31 subdivision 8k, 34.32 (2) times the ratio of the sum of the actual amounts levied 34.33 under section 124.226, subdivisions 1 and 4, to the sum of the 34.34 permitted maximum levies under section 124.226, subdivisions 1 34.35 and 4. 34.36 (b) If the total appropriation for transportation aid for 35.1 any fiscal year is insufficient to pay all districts the full 35.2 amount of aid earned, the department of education shall reduce 35.3 each district's aid in proportion to the number of resident 35.4 pupils in average daily membership in the district to the state 35.5 total average daily membership, and shall reduce the 35.6 transportation levy of off-formula districts in the same 35.7 proportion. 35.8 Sec. 13. Minnesota Statutes 1994, section 124.225, 35.9 subdivision 8m, is amended to read: 35.10 Subd. 8m. [TRANSPORTATION SAFETY AID.] A district's 35.11 transportation safety aid equals the district's reserved revenue 35.12 for transportation safety under subdivision 7f for that school 35.13 year. Failure of a school district to comply with the reporting 35.14 requirements of section 123.7991, 123.805, 169.452, 169.4582, or 35.15 171.321, subdivision 5, may result in a withholding of that 35.16 district's transportation safety aid for that school year. 35.17 Sec. 14. Minnesota Statutes 1994, section 124.226, 35.18 subdivision 1, is amended to read: 35.19 Subdivision 1. [BASIC TRANSPORTATION.] Each year, a school 35.20 district may levy for school transportation services an amount 35.21 not to exceed the amount raised by the basic transportation tax 35.22 rate times the adjusted net tax capacity of the district for the 35.23 preceding year. The commissioner of education shall establish 35.24 the basic transportation tax rate by July 1 of each year for 35.25 levies payable in the following year. The basic transportation 35.26 tax rate shall be a rate, rounded up to the nearest hundredth of 35.27 a percent, that, when applied to the adjusted net tax capacity 35.28 of taxable property for all districts, raises the amount 35.29 specified in this subdivision. The basic transportation tax 35.30 rate for transportation shall be the rate that 35.31 raises$64,300,000 for fiscal year 1993 and$68,000,000 for 35.32 fiscal year 1994 and subsequent fiscal years. The basic 35.33 transportation tax rate certified by the commissioner of 35.34 education must not be changed due to changes or corrections made 35.35 to a district's adjusted net tax capacity after the tax rate has 35.36 been certified. 36.1 Sec. 15. Minnesota Statutes 1994, section 124.226, 36.2 subdivision 3, is amended to read: 36.3 Subd. 3. [OFF-FORMULA ADJUSTMENT.] In a district if the 36.4 basic transportation levy under subdivision 1 attributable to 36.5 that fiscal year is more than the difference between (1) the 36.6 district's transportation revenue under section 124.225, 36.7 subdivision 7d, and (2) the sum of the district's maximum 36.8 nonregular levy under subdivision 4 and the district's 36.9 contracted services aid reduction under section 124.225, 36.10 subdivision 8k, and the amount of any reduction due to 36.11 insufficient appropriation under section 124.225, subdivision 36.12 8a, the district's transportation levy inthe second year36.13followingeach fiscal year must be reduced by the difference 36.14 between the amount of the excess and the amount of the aid 36.15 reduction for the same fiscal year according to subdivision 3a. 36.16 Sec. 16. Minnesota Statutes 1994, section 126.15, 36.17 subdivision 2, is amended to read: 36.18 Subd. 2. [APPOINTMENT OF MEMBERS.] Unless the parents or 36.19 guardian of a pupil object in writing to the school authorities 36.20 to the appointment of the pupil on a school safety patrol, it is 36.21 lawful for any pupil over nine years of age to be appointed and 36.22 designated as a member thereof, provided that in any school in 36.23 which there are no pupils who have attained such age any pupil 36.24 in the highest grade therein may be so appointed and 36.25 designated. School authorities may also appoint and designate 36.26 nonpupil adults as members of a school safety patrol on a 36.27 voluntary or for-hire basis. 36.28 Sec. 17. Minnesota Statutes 1994, section 169.01, 36.29 subdivision 6, is amended to read: 36.30 Subd. 6. [SCHOOL BUS.] "School bus" means a motor vehicle 36.31 used to transport pupils to or from a school defined in section 36.32 120.101, or to or from school-related activities, by the school 36.33 or a school district, or by someone under an agreement with the 36.34 school or a school district. A school bus does not include a 36.35 motor vehicle transporting children to or from school for which 36.36 parents or guardians receive direct compensation from a school 37.1 district, a motor coach operating under charter carrier 37.2 authority,ora transit bus providing services as defined in 37.3 section 174.22, subdivision 7, or a vehicle otherwise qualifying 37.4 as a type III vehicle under paragraph (5), when the vehicle is 37.5 properly registered and insured and being driven by an employee 37.6 or agent of a school district for nonscheduled transportation. 37.7 A school bus may be type A, type B, type C, or type D, or type 37.8 III as follows: 37.9 (1) A "type A school bus" is a conversion or body 37.10 constructed upon a van-type compact truck or a front-section 37.11 vehicle, with a gross vehicle weight rating of 10,000 pounds or 37.12 less, designed for carrying more than ten persons. 37.13 (2) A "type B school bus" is a conversion or body 37.14 constructed and installed upon a van or front-section vehicle 37.15 chassis, or stripped chassis, with a gross vehicle weight rating 37.16 of more than 10,000 pounds, designed for carrying more than ten 37.17 persons. Part of the engine is beneath or behind the windshield 37.18 and beside the driver's seat. The entrance door is behind the 37.19 front wheels. 37.20 (3) A "type C school bus" is a body installed upon a flat 37.21 back cowl chassis with a gross vehicle weight rating of more 37.22 than 10,000 pounds, designated for carrying more than ten 37.23 persons. All of the engine is in front of the windshield and 37.24 the entrance door is behind the front wheels. 37.25 (4) A "type D school bus" is a body installed upon a 37.26 chassis, with the engine mounted in the front, midship or rear, 37.27 with a gross vehicle weight rating of more than 10,000 pounds, 37.28 designed for carrying more than ten persons. The engine may be 37.29 behind the windshield and beside the driver's seat; it may be at 37.30 the rear of the bus, behind the rear wheels, or midship between 37.31 the front and rear axles. The entrance door is ahead of the 37.32 front wheels. 37.33 (5) Type III school buses and type III Head Start buses are 37.34 restricted to passenger cars, station wagons, vans, and buses 37.35 having a maximum manufacturer's rated seating capacity of ten 37.36 people, including the driver, and a gross vehicle weight rating 38.1 of 10,000 pounds or less. In this subdivision, "gross vehicle 38.2 weight rating" means the value specified by the manufacturer as 38.3 the loaded weight of a single vehicle. A "type III school bus" 38.4 and "type III Head Start bus" must not be outwardly equipped and 38.5 identified as a type A, B, C, or D school bus or type A, B, C, 38.6 or D Head Start bus. 38.7 Sec. 18. Minnesota Statutes 1994, section 169.21, 38.8 subdivision 2, is amended to read: 38.9 Subd. 2. [RIGHTS IN ABSENCE OF SIGNALS.] (a) Where 38.10 traffic-control signals are not in place or in operation the 38.11 driver of a vehicle shall yield the right-of-way, slowing down 38.12 or stopping if need be to so yield, to a pedestrian crossing the 38.13 roadway within a crosswalk but no pedestrian shall suddenly 38.14 leave a curb or other place of safety and walk or run into the 38.15 path of a vehicle which is so close that it is impossible for 38.16 the driver to yield. This provision shall not apply under the 38.17 conditions as otherwise provided in this subdivision. 38.18 (b) When any vehicle is stopped at a marked crosswalk or at 38.19 any unmarked crosswalk at an intersection to permit a pedestrian 38.20 to cross the roadway, the driver of any other vehicle 38.21 approaching from the rear shall not overtake and pass the 38.22 stopped vehicle. 38.23 (c) It is unlawful for any person to drive a motor vehicle 38.24 through a column of school children crossing a street or highway 38.25 or past a member of a school safety patrol or adult crossing 38.26 guard, while the member of the school safety patrol or adult 38.27 crossing guard is directing the movement of children across a 38.28 street or highway and while the school safety patrol member or 38.29 adult crossing guard is holding an official signal in the stop 38.30 position. A person who violates this paragraph is guilty of a 38.31 misdemeanor. A person who violates this paragraph a second or 38.32 subsequent time within one year of a previous conviction under 38.33 this paragraph is guilty of a gross misdemeanor. 38.34 Sec. 19. Minnesota Statutes 1994, section 169.444, 38.35 subdivision 2, is amended to read: 38.36 Subd. 2. [VIOLATIONS BY DRIVERS; PENALTIES.] (a) A person 39.1 who fails to stop a vehicle or to keep it stopped, as required 39.2 in subdivision 1, is guilty of a misdemeanor punishable by a 39.3 fine of not less than $300. 39.4 (b) A person is guilty of a gross misdemeanor if the person 39.5 fails to stop a motor vehicle or to keep it stopped, as required 39.6 in subdivision 1, and commits either or both of the following 39.7 acts: 39.8 (1) passes or attempts to pass the school bus in a motor 39.9 vehicle on the right-hand, passenger-door side of the bus; or 39.10 (2) passes or attempts to pass the school bus in a motor 39.11 vehicle when a school child is outside of and on the street or 39.12 highway used by the school bus or on the adjacent sidewalk. 39.13 Sec. 20. Minnesota Statutes 1994, section 169.4502, 39.14 subdivision 4, is amended to read: 39.15 Subd. 4. [COLOR.] Fenders may be painted black. The hood 39.16 may be painted nonreflective black or nonreflective yellow. The 39.17 grill may be manufacturer's standard color or chrome. 39.18 Sec. 21. Minnesota Statutes 1994, section 169.4503, is 39.19 amended by adding a subdivision to read: 39.20 Subd. 10a. [EMERGENCY EQUIPMENT; FIRST AID KITS.] A first 39.21 aid kit, and a body fluids cleanup kit is required regardless of 39.22 the age of the vehicle. They must be contained in removable, 39.23 moisture- and dust-proof containers mounted in an accessible 39.24 place within the driver's compartment of the school bus and must 39.25 be marked to indicate their identity and location. 39.26 Sec. 22. Minnesota Statutes 1994, section 169.451, is 39.27 amended by adding a subdivision to read: 39.28 Subd. 5. [RANDOM SPOT INSPECTIONS.] In addition to the 39.29 annual inspection, the Minnesota state patrol has authority to 39.30 conduct random, unannounced spot inspections of any school bus 39.31 or Head Start bus being operated within the state at the 39.32 location where the bus is kept when not in operation to 39.33 ascertain whether its construction, design, equipment, and color 39.34 comply with all provisions of law, including the Minnesota 39.35 school bus equipment standards in sections 169.4501 to 169.4504. 39.36 Sec. 23. [169.4511] [SCHOOL BUS ACCIDENTS; REINSPECTION.] 40.1 Subdivision 1. [POSTCRASH INSPECTION.] A peace officer 40.2 responding to an accident involving a school bus or Head Start 40.3 bus must immediately notify the state patrol if the accident 40.4 results in death or serious personal injury on the school bus, 40.5 or property damage to the school bus of an apparent extent of 40.6 more than $4,400. No person shall drive or knowingly permit or 40.7 cause to be driven, for the purpose of transporting students, 40.8 any school bus or Head Start bus after such an accident unless 40.9 the vehicle: 40.10 (1) has been inspected by the Minnesota state patrol and 40.11 the state patrol has determined that the vehicle may safely be 40.12 operated; or 40.13 (2) a waiver has been granted under subdivision 2. 40.14 A violation of this section is a misdemeanor. 40.15 Subd. 2. [WAIVER.] A state trooper or designee of the 40.16 Minnesota state patrol called to the scene of an accident by a 40.17 responding peace officer under subdivision 1 may waive the 40.18 inspection requirement of subdivision 1 if the trooper or state 40.19 patrol designee determines that a postcrash inspection is not 40.20 needed or cannot be accomplished without unreasonable delay. 40.21 The trooper or state patrol designee granting a waiver must 40.22 provide to the driver of the school bus for which the waiver is 40.23 granted a written statement that the inspection has been 40.24 waived. The written statement must include the incident report 40.25 number assigned to the accident by the state patrol. 40.26 Sec. 24. Minnesota Statutes 1994, section 169.452, is 40.27 amended to read: 40.28 169.452 [ACCIDENT AND SERIOUS INCIDENT REPORTING.] 40.29 The department of public safety shall develop uniform 40.30 definitions of a school bus accident, an incident of serious 40.31 misconduct, and an incident that results in personal injury or 40.32 death. The department shall determine what type of information 40.33 on school bus accidents and incidents, including criminal 40.34 conduct, and bus driver dismissals for cause should be collected 40.35 and develop a uniform accident and incident reporting form to 40.36 collect those data, including data relating to type III 41.1 vehicles, statewide. In addition to the form, the department 41.2 shall have an alternative method of reporting that allows school 41.3 districts to use computer technology to provide the required 41.4 information. School districts shall report the information 41.5 required by the department using either format. A school 41.6 district must not be charged for reporting forms or reporting 41.7 procedures under this section. Data collectedwith this41.8reporting formunder this section shall be analyzed to help 41.9 develop accident, crime, and misconduct prevention 41.10 programs. This section is not subject to chapter 14. 41.11 Sec. 25. Minnesota Statutes 1994, section 169.454, 41.12 subdivision 5, is amended to read: 41.13 Subd. 5. [FIRST AID KIT.] A minimum of a ten-unit first 41.14 aid kit, and a body fluids cleanup kit is required.The bus41.15 They musthave abe contained in removable, moisture- and 41.16 dust-prooffirst aid kitcontainers mounted in an accessible 41.17 place within the driver's compartment and must be marked to 41.18 indicateitstheir identity and location. 41.19 Sec. 26. Minnesota Statutes 1994, section 169.454, is 41.20 amended by adding a subdivision to read: 41.21 Subd. 13. [EXEMPTION.] When a vehicle otherwise qualifying 41.22 as a type III vehicle under section 169.01, subdivision 6, 41.23 paragraph (5), whether owned and operated by a school district 41.24 or privately owned and operated, is used to transport school 41.25 children in a nonscheduled situation, it shall be exempt from 41.26 the vehicle requirements of this section and the licensing 41.27 requirements of section 171.321, if the vehicle is properly 41.28 registered and insured and operated by an employee or agent of a 41.29 school district with a valid driver's license. 41.30 Sec. 27. Minnesota Statutes 1994, section 171.01, 41.31 subdivision 21, is amended to read: 41.32 Subd. 21. [SCHOOL BUS.] "School bus" means a motor vehicle 41.33 used to transport pupils to or from a school defined in section 41.34 120.101, or to or from school-related activities, by the school 41.35 or a school district or by someone under an agreement with the 41.36 school or a school district. A school bus does not include a 42.1 motor vehicle transporting children to or from school for which 42.2 parents or guardians receive direct compensation from a school 42.3 district, a motor coach operating under charter carrier 42.4 authority,ora transit bus providing services as defined in 42.5 section 174.22, subdivision 7, or a vehicle otherwise qualifying 42.6 as a type III vehicle under section 169.01, subdivision 6, 42.7 paragraph (5), when the vehicle is properly registered and 42.8 insured and being driven by an employee or agent of a school 42.9 district for nonscheduled transportation. 42.10 Sec. 28. Minnesota Statutes 1994, section 171.18, 42.11 subdivision 1, is amended to read: 42.12 Subdivision 1. [OFFENSES.] The commissioner may suspend 42.13 the license of a driver without preliminary hearing upon a 42.14 showing by department records or other sufficient evidence that 42.15 the licensee: 42.16 (1) has committed an offense for which mandatory revocation 42.17 of license is required upon conviction; 42.18 (2) has been convicted by a court for violating a provision 42.19 of chapter 169 or an ordinance regulating traffic and department 42.20 records show that the violation contributed in causing an 42.21 accident resulting in the death or personal injury of another, 42.22 or serious property damage; 42.23 (3) is an habitually reckless or negligent driver of a 42.24 motor vehicle; 42.25 (4) is an habitual violator of the traffic laws; 42.26 (5) is incompetent to drive a motor vehicle as determined 42.27 in a judicial proceeding; 42.28 (6) has permitted an unlawful or fraudulent use of the 42.29 license; 42.30 (7) has committed an offense in another state that, if 42.31 committed in this state, would be grounds for suspension; 42.32 (8) has committed a violation of section 169.444, 42.33 subdivision 2, paragraph (a), within five years of a prior 42.34 conviction under that section; 42.35 (9) has committed a violation of section 171.22, except 42.36 that the commissioner may not suspend a person's driver's 43.1 license based solely on the fact that the person possessed a 43.2 fictitious or fraudulently altered Minnesota identification 43.3 card; 43.4 (10) has failed to appear in court as provided in section 43.5 169.92, subdivision 4; or 43.6 (11) has failed to report a medical condition that, if 43.7 reported, would have resulted in cancellation of driving 43.8 privileges. 43.9 However, an action taken by the commissioner under clause 43.10 (2) or (5) must conform to the recommendation of the court when 43.11 made in connection with the prosecution of the licensee. 43.12 Sec. 29. Minnesota Statutes 1994, section 171.321, 43.13 subdivision 3, is amended to read: 43.14 Subd. 3. [STUDY OF APPLICANT.] (a) Before issuing or 43.15 renewing a school bus endorsement, the commissioner shall 43.16 conduct a criminal and driver's license records check of the 43.17 applicant. The commissioner may also conduct the check at any 43.18 time while a person is so licensed. The check shall consist of 43.19 a criminal records check of the state criminal records 43.20 repository and a check of the driver's license records system. 43.21 If the applicant has resided in Minnesota for less than five 43.22 years, the check shall also include a criminal records check of 43.23 information from the state law enforcement agencies in the 43.24 states where the person resided during the five years before 43.25 moving to Minnesota, and of the national criminal records 43.26 repository including the criminal justice data communications 43.27 network. The applicant's failure to cooperate with the 43.28 commissioner in conducting the records check is reasonable cause 43.29 to deny an application or cancel a school bus endorsement. The 43.30 commissioner may not release the results of the records check to 43.31 any person except the applicant. 43.32 (b) The commissioner may issue to an otherwise qualified 43.33 applicant a temporary school bus endorsement, effective for no 43.34 more than 120 days, upon presentation of (1) an affidavit by the 43.35 applicant that the applicant has not been convicted of a 43.36 disqualifying offense and (2) a criminal history check from each 44.1 state of residence for the previous five years. The criminal 44.2 history check may be conducted and prepared by any public or 44.3 private source acceptable to the commissioner. 44.4 Sec. 30. Minnesota Statutes 1994, section 171.321, 44.5 subdivision 4, is amended to read: 44.6 Subd. 4. [TRAINING.] No person shall drive a class A, B, 44.7 C, or D school bus when transporting school children to or from 44.8 school or upon a school-related trip or activity without having 44.9 demonstrated sufficient skills and knowledge to transport 44.10 students in a safe and legal manner. A bus driver must have 44.11 training or experience that allows the driver to meet at least 44.12 the following competencies: 44.13 (1) safely operate the type of school bus the driver will 44.14 be driving; 44.15 (2) understand student behavior, including issues relating 44.16 to students with disabilities; 44.17 (3)ensureencourage orderly conduct of students on the bus 44.18 and handle incidents of misconduct appropriately; 44.19 (4) know and understand relevant laws, rules of the road, 44.20 and local school bus safety policies; 44.21 (5) handle emergency situations; and 44.22 (6) safely load and unload students; and44.23(7) demonstrate proficiency in first aid and44.24cardiopulmonary resuscitation procedures. 44.25 The commissioner of public safety, in conjunction with the 44.26 commissioner of education, shall develop a comprehensive model 44.27 school bus driver training program and model assessments for 44.28 school bus driver training competencies, which are not subject 44.29 to chapter 14. A school district may use alternative 44.30 assessments for bus driver training competencies with the 44.31 approval of the commissioner of public safety. 44.32 Sec. 31. Minnesota Statutes 1994, section 171.321, 44.33 subdivision 5, is amended to read: 44.34 Subd. 5. [ANNUAL EVALUATION.] A schooldistrictdistrict's 44.35 pupil transportation safety director, the chief administrator of 44.36 a nonpublic school, or a private contractor shallevaluate each45.1bus drivercertify annually toassurethe commissioner of public 45.2 safety that, at minimum, each school bus drivercontinues to45.3meetmeets the school bus driver training competencies under 45.4 subdivision 4 and shall report the number of hours of in-service 45.5 training completed by each driver. A school district, nonpublic 45.6 school, or private contractor also shall provideat least eight45.7hours ofin-service training annually to each school bus 45.8 driver.As part of the annual evaluation,A district, nonpublic 45.9 school, or private contractor also shall check the license of 45.10 each person who transports students for the district with the 45.11 National Drivers Register or the department of public 45.12 safety annually.A school district, nonpublic school, or45.13private contractor shall certify annually to the commissioner of45.14public safety that each driver has received eight hours of45.15in-service training and has met the training competenciesThe 45.16 school board must approve and forward the competency 45.17 certification and in-service report to the commissioner of 45.18 public safety. 45.19 Sec. 32. Minnesota Statutes 1994, section 171.3215, 45.20 subdivision 1, is amended to read: 45.21 Subdivision 1. [DEFINITIONS.] (a) As used in this section, 45.22 the following terms have the meanings given them. 45.23 (b) "School bus driver" means a person possessing a school 45.24 bus driver's endorsement on a valid Minnesota driver's license 45.25 or a person possessing a valid Minnesota driver's license who 45.26 drives a vehicle with a seating capacity of ten or less persons 45.27 used as a school bus. 45.28 (c) "Disqualifying offense" includes any felony offense, 45.29 any misdemeanor, gross misdemeanor, or felony violation of 45.30 chapter 152, or any violation under section 609.3451, 609.746, 45.31 subdivision 1, or 617.23,or afourth moving violation within a45.32three-year periodviolation of section 169.121, 169.129, or a 45.33 similar statute or ordinance from another state while driving, 45.34 operating, or being in physical control of a school bus or a 45.35 Head Start bus. 45.36 (d) "Head Start bus driver" means a person possessing a 46.1 valid Minnesota driver's license: 46.2 (1) with a passenger endorsement, who drives a Head Start 46.3 bus; 46.4 (2) with a school bus driver's endorsement, who drives a 46.5 Head Start bus; or 46.6 (3) who drives a vehicle with a seating capacity of ten or 46.7 fewer persons used as a Head Start bus. 46.8 Sec. 33. Minnesota Statutes 1994, section 171.3215, 46.9 subdivision 2, is amended to read: 46.10 Subd. 2. [CANCELLATION FOR DISQUALIFYING OFFENSE.] Within 46.11 ten days of receiving notice under section 631.40, subdivision 46.12 1a, or otherwise receiving notice for a nonresident driver, that 46.13 a school bus driver has been convicted of a disqualifying 46.14 offense, the commissioner shall permanently cancel the school 46.15 bus driver's endorsement on the offender's driver's license and 46.16 in the case of a nonresident, the driver's privilege to operate 46.17 a school bus in Minnesota. Within ten days of receiving notice 46.18 under section 631.40, subdivision 1a, or otherwise receiving 46.19 notice for a nonresident driver, that a school bus driver has 46.20 been convicted of a gross misdemeanor, or a violation of section 46.21 169.121or, 169.129, or a similar statute or ordinance from 46.22 another state, and within ten days of revoking a school bus 46.23 driver's license under section 169.123, the commissioner shall 46.24 cancel the school bus driver's endorsement on the offender's 46.25 driver's license or the nonresident's privilege to operate a 46.26 school bus in Minnesota for five years. After five years, a 46.27 school bus driver may apply to the commissioner for 46.28 reinstatement. Even after five years, cancellation of a school 46.29 bus driver's endorsement or a nonresident's privilege to operate 46.30 a school bus in Minnesota for aconvictionviolation under 46.31 section 169.121, 169.123,or169.129, or a similar statute or 46.32 ordinance from another state, shall remain in effect until the 46.33 driver provides proof of successful completion of an alcohol or 46.34 controlled substance treatment program. For a first offense, 46.35 proof of completion is required only if treatment was ordered as 46.36 part of a chemical use assessment. Within ten days of receiving 47.1 notice under section 631.40, subdivision 1a, or otherwise 47.2 receiving notice for a nonresident driver, that a school bus 47.3 driver has been convicted of a fourth moving violation in the 47.4 last three years, the commissioner shall cancel the school bus 47.5 driver's endorsement on the offender's driver's license or the 47.6 nonresident's privilege to operate a school bus in Minnesota 47.7 until one year has elapsed since the last conviction. A school 47.8 bus driver who has no new convictions after one year may apply 47.9 for reinstatement. Upon canceling the offender's school bus 47.10 driver's endorsement, the commissioner shall immediately notify 47.11 the licensed offender of the cancellation in writing, by 47.12 depositing in the United States post office a notice addressed 47.13 to the licensed offender at the licensed offender's last known 47.14 address, with postage prepaid thereon. 47.15 Sec. 34. Minnesota Statutes 1994, section 171.3215, 47.16 subdivision 3, is amended to read: 47.17 Subd. 3. [BACKGROUND CHECK.] Before issuing or renewing a 47.18 driver's license with a school bus driver's endorsement, the 47.19 commissioner shall conduct an investigation to determine if the 47.20 applicant has been convicted of committing a disqualifying 47.21 offense, four moving violations in the previous three years, a 47.22 violation of section 169.121or, 169.129, or a similar statute 47.23 or ordinance from another state, a gross misdemeanor, or if the 47.24 applicant's driver's license has been revoked under section 47.25 169.123. The commissioner shall not issue a new bus driver's 47.26 endorsement and shall not renew an existing bus driver's 47.27 endorsement if the applicant has been convicted of committing a 47.28 disqualifying offense. The commissioner shall not issue a new 47.29 bus driver's endorsement and shall not renew an existing bus 47.30 driver's endorsement if, within the previous five years, the 47.31 applicant has been convicted of committing a violation of 47.32 section 169.121or, 169.129, or a similar statute or ordinance 47.33 from another state, a gross misdemeanor, or if the applicant's 47.34 driver's license has been revoked under section 169.123, or if, 47.35 within the previous three years, the applicant has been 47.36 convicted of four moving violations. An applicant who has been 48.1 convicted of violating section 169.121or, 169.129, or a similar 48.2 statute or ordinance from another state, or who has had a 48.3 license revocation under section 169.123 within the previous ten 48.4 years must show proof of successful completion of an alcohol or 48.5 controlled substance treatment program in order to receive a bus 48.6 driver's endorsement. For a first offense, proof of completion 48.7 is required only if treatment was ordered as part of a chemical 48.8 use assessment. A school district or contractor that employs a 48.9 nonresident school bus driver must conduct a background check of 48.10 the employee's driving record and criminal history in both 48.11 Minnesota and the driver's state of residence. Convictions for 48.12 disqualifying offenses, gross misdemeanors, a fourth moving 48.13 violation within the previous three years, or violations of 48.14 section 169.121, 169.129, or a similar statute or ordinance in 48.15 another state, must be reported to the department of public 48.16 safety. 48.17 Sec. 35. [604A.015] [SCHOOL BUS DRIVER IMMUNITY FROM 48.18 LIABILITY.] 48.19 A school bus driver who, while on duty, provides emergency 48.20 care, advice, or assistance at the scene of an emergency or 48.21 during transit to a location where professional medical care can 48.22 be rendered, is not liable in ordinary negligence, for any civil 48.23 damages as a result of acts or omissions to the person to whom 48.24 assistance is rendered by the school bus driver in rendering the 48.25 emergency care, advice, or assistance. For the purposes of this 48.26 section, the scene of an emergency is an area outside the 48.27 confines of a hospital or other institution that has hospital 48.28 facilities, or an office of a person licensed to practice one or 48.29 more of the healing arts under chapter 147, 148, 150A, or 153. 48.30 Sec. 36. Minnesota Statutes 1994, section 631.40, 48.31 subdivision 1a, is amended to read: 48.32 Subd. 1a. [CERTIFIED COPY OF DISQUALIFYING OFFENSE 48.33 CONVICTIONS SENT TO PUBLIC SAFETY AND SCHOOL DISTRICTS.] When a 48.34 person is convicted of committing a disqualifying offense, as 48.35 defined in section 171.3215, subdivision 1, a gross misdemeanor, 48.36 a fourth moving violation within a three-year period, or a 49.1 violation of section 169.121 or 169.129, the court shall 49.2 determine whether the offender is a school bus driver as defined 49.3 in section 171.3215, subdivision 1, whether the offender 49.4 possesses a school bus driver's endorsement on the offender's 49.5 driver's license and in what school districts the offender 49.6 drives a school bus. If the offender is a school bus driver or 49.7 possesses a school bus driver's endorsement, the court 49.8 administrator shall send a certified copy of the conviction to 49.9 the department of public safety and to the school districts in 49.10 which the offender drives a school bus within ten days after the 49.11 conviction. 49.12 Sec. 37. [INTERDISTRICT DESEGREGATION TRANSPORTATION.] 49.13 Notwithstanding Minnesota Statutes, section 124.225, 49.14 subdivision 7d, a district's nonregular transportation revenue 49.15 for interdistrict desegregation transportation for the 1995-1996 49.16 and 1996-1997 school years equals the district's actual cost in 49.17 the current year for interdistrict desegregation transportation 49.18 minus the amount of regular transportation revenue attributable 49.19 to FTE's in the desegregation category transported outside of 49.20 the district in the current school year. 49.21 Sec. 38. [PAY 1994 LEVY RECOGNITION.] 49.22 Notwithstanding Minnesota Statutes, sections 121.904 and 49.23 124.226, subdivision 9, 50 percent of the levy certified for 49.24 taxes payable in 1994 under Minnesota Statutes, section 124.226, 49.25 subdivision 9, shall be recognized as revenue for the fiscal 49.26 year in which the levy was certified. 49.27 Sec. 39. [APPROPRIATIONS.] 49.28 Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums 49.29 indicated in this section are appropriated from the general fund 49.30 to the department of education for the fiscal years designated. 49.31 Subd. 2. [TRANSPORTATION AID.] For transportation aid 49.32 according to Minnesota Statutes, section 124.225: 49.33 $146,262,000 ..... 1996 49.34 $155,395,000 ..... 1997 49.35 The 1996 appropriation includes $21,038,000 for 1995 and 49.36 $125,224,000 for 1996. 50.1 The 1997 appropriation includes $22,098,000 for 1996 and 50.2 $133,297,000 for 1997. 50.3 Subd. 3. [TRANSPORTATION AID FOR POST-SECONDARY ENROLLMENT 50.4 OPTIONS.] For transportation of pupils attending post-secondary 50.5 institutions according to Minnesota Statutes, section 123.3514: 50.6 $72,000 ..... 1996 50.7 $80,000 ..... 1997 50.8 Subd. 4. [TRANSPORTATION AID FOR ENROLLMENT OPTIONS.] For 50.9 transportation of pupils attending nonresident districts 50.10 according to Minnesota Statutes, section 120.0621: 50.11 $20,000 ..... 1996 50.12 $22,000 ..... 1997 50.13 Subd. 5. [TRANSFER AUTHORITY.] If the appropriation in 50.14 subdivision 3 or 4 for either year exceeds the amount needed to 50.15 pay the state's obligation for that year under that subdivision, 50.16 the excess amount may be used to make payments for that year 50.17 under the other subdivision. 50.18 Subd. 6. [TRANSPORTATION SAFETY.] For student 50.19 transportation safety aid according to Minnesota Statutes, 50.20 section 124.225, subdivision 8m: 50.21 $1,447,000 ..... 1996 50.22 $1,327,000 ..... 1997 50.23 The 1996 appropriation includes $368,000 for 1995 and 50.24 $1,079,000 for 1996. 50.25 The 1997 appropriation includes $190,000 for 1996 and 50.26 $1,137,000 for 1997. 50.27 Sec. 40. [EFFECTIVE DATE.] 50.28 Section 15 (124.226, subdivision 3) is effective beginning 50.29 with taxes payable in 1996 for fiscal year 1997. Sections 2 to 50.30 5 and 17 to 36 (school bus safety sections) are effective the 50.31 day following final enactment. Section 38 (pay 1994 levy) is 50.32 effective retroactive to July 1, 1993, and applies for fiscal 50.33 years 1994 and 1995. 50.34 ARTICLE 3 50.35 SPECIAL PROGRAMS 50.36 Section 1. Minnesota Statutes 1994, section 120.062, 51.1 subdivision 7, is amended to read: 51.2 Subd. 7. [BASIS FOR DECISIONS.] The school board must 51.3 adopt, by resolution, specific standards for acceptance and 51.4 rejection of applications. Standards may include the capacity 51.5 of a program, class, grade level, or school building or a 51.6 previous disciplinary proceeding that resulted in the expulsion 51.7 or exclusion of a student for being willfully engaged in 51.8 dangerous or assaultive behavior; or for being convicted of or 51.9 adjudicated for committing a felony. Standards may not include 51.10 previous academic achievement, athletic or other extracurricular 51.11 ability, disabling conditions, or proficiency in the English 51.12 language, or previous disciplinary proceedings. 51.13 Sec. 2. Minnesota Statutes 1994, section 120.17, 51.14 subdivision 3a, is amended to read: 51.15 Subd. 3a. [SCHOOL DISTRICT OBLIGATIONS.] Every district 51.16 shall ensure that: 51.17 (1) all students with disabilities are provided the special 51.18 instruction and services which are appropriate to their needs. 51.19 Where the individual education plan team has determined 51.20 appropriate goals and objectives based on the student's needs, 51.21 including the extent to which the student can be included in the 51.22 least restrictive environment, and where there are essentially 51.23 equivalent and effective instruction, related services, or 51.24 assistive technology devices available to meet the student's 51.25 needs, cost to the school district may be among the factors 51.26 considered by the team in choosing how to provide the 51.27 appropriate services, instruction, or devices that are to be 51.28 made part of the student's individual education plan. The 51.29 student's needs and the special education instruction and 51.30 services to be provided shall be agreed upon through the 51.31 development of an individual education plan. The plan shall 51.32 address the student's need to develop skills to live and work as 51.33 independently as possible within the community. By grade 9 or 51.34 age 14, the plan shall address the student's needs for 51.35 transition from secondary services to post-secondary education 51.36 and training, employment, community participation, recreation, 52.1 and leisure and home living. The plan must include a statement 52.2 of the needed transition services, including a statement of the 52.3 interagency responsibilities or linkages or both before 52.4 secondary services are concluded; 52.5 (2) children with a disability under age five and their 52.6 families are provided special instruction and services 52.7 appropriate to the child's level of functioning and needs; 52.8 (3) children with a disability and their parents or 52.9 guardians are guaranteed procedural safeguards and the right to 52.10 participate in decisions involving identification, assessment 52.11 and educational placement of children with a disability; 52.12 (4) to the maximum extent appropriate, children with a 52.13 disability, including those in public or private institutions or 52.14 other care facilities, are educated with children who are not 52.15 disabled, and that special classes, separate schooling, or other 52.16 removal of children with a disability from the regular 52.17 educational environment occurs only when and to the extent that 52.18 the nature or severity of the disability is such that education 52.19 in regular classes with the use of supplementary services cannot 52.20 be achieved satisfactorily; 52.21 (5) in accordance with recognized professional standards, 52.22 testing and evaluation materials, and procedures utilized for 52.23 the purposes of classification and placement of children with a 52.24 disability are selected and administered so as not to be 52.25 racially or culturally discriminatory; and 52.26 (6) the rights of the child are protected when the parents 52.27 or guardians are not known or not available, or the child is a 52.28 ward of the state. 52.29 Sec. 3. Minnesota Statutes 1994, section 120.17, 52.30 subdivision 3b, is amended to read: 52.31 Subd. 3b. [PROCEDURES FOR DECISIONS.] Every district shall 52.32 utilize at least the following procedures for decisions 52.33 involving identification, assessment, and educational placement 52.34 of children with a disability: 52.35 (a) Parents and guardians shall receive prior written 52.36 notice of: 53.1 (1) any proposed formal educational assessment or proposed 53.2 denial of a formal educational assessment of their child; 53.3 (2) a proposed placement of their child in, transfer from 53.4 or to, or denial of placement in a special education program; or 53.5 (3) the proposed provision, addition, denial or removal of 53.6 special education services for their child; 53.7 (b) The district shall not proceed with the initial formal 53.8 assessment of a child, the initial placement of a child in a 53.9 special education program, or the initial provision of special 53.10 education services for a child without the prior written consent 53.11 of the child's parent or guardian. The refusal of a parent or 53.12 guardian to consent may be overridden by the decision in a 53.13 hearing held pursuant to clause (e) at the district's 53.14 initiative; 53.15 (c) Parents and guardians shall have an opportunity to meet 53.16 with appropriate district staff in at least one conciliation 53.17 conference, mediation, or other method of alternative dispute 53.18 resolution that the parties agree to, if they object to any 53.19 proposal of which they are notified pursuant to clause (a). The 53.20 conciliation process or other form of alternative dispute 53.21 resolution shall not be used to deny or delay a parent or 53.22 guardian's right to a due process hearing. If the parent or 53.23 guardian refuses efforts by the district to conciliate the 53.24 dispute with the school district, the requirement of an 53.25 opportunity for conciliation or other alternative dispute 53.26 resolution shall be deemed to be satisfied;. Notwithstanding 53.27 other law, in any proceeding following a conciliation 53.28 conference, the school district must not offer a conciliation 53.29 conference memorandum into evidence, except for any portions 53.30 that describe the district's final proposed offer of service. 53.31 Otherwise, with respect to forms of dispute resolution, 53.32 mediation, or conciliation, Minnesota Rule of Evidence 408 53.33 applies. The parties may use an individual presently listed on 53.34 the Minnesota Supreme Court, Rule 114 list of individuals 53.35 trained in alternative dispute resolution to assist the parties, 53.36 provided there is no charge to the parent. The department of 54.1 education may reimburse districts for the reasonable costs 54.2 actually incurred of a third party assisting the parties, so 54.3 long as that individual is on the Rule 114 list, or is otherwise 54.4 approved by the department of education. The reimbursement must 54.5 not exceed the costs for similar services through the office of 54.6 administrative hearings. The department of education may 54.7 reimburse the districts or directly pay the costs of lay 54.8 advocates, not to exceed $150 per dispute, used in conjunction 54.9 with alternative dispute resolution. 54.10 (d) The commissioner shall establish a mediation process to 54.11 assist parents, school districts, or other parties to resolve 54.12 disputes arising out of the identification, assessment, or 54.13 educational placement of children with a disability. The 54.14 mediation process must be offered as an informal alternative to 54.15 the due process hearing provided under clause (e), but must not 54.16 be used to deny or postpone the opportunity of a parent or 54.17 guardian to obtain a due process hearing. 54.18 (e) Parents, guardians, and the district shall have an 54.19 opportunity to obtain an impartial due process hearing initiated 54.20 and conducted by and in the school district responsible for 54.21 assuring that an appropriate program is provided in accordance 54.22 with state board rules, if the parent or guardian continues to 54.23 object to: 54.24 (1) a proposed formal educational assessment or proposed 54.25 denial of a formal educational assessment of their child; 54.26 (2) the proposed placement of their child in, or transfer 54.27 of their child to a special education program; 54.28 (3) the proposed denial of placement of their child in a 54.29 special education program or the transfer of their child from a 54.30 special education program; 54.31 (4) the proposed provision or addition of special education 54.32 services for their child; or 54.33 (5) the proposed denial or removal of special education 54.34 services for their child. 54.35At least five calendarWithin five business daysbefore54.36 after the request for a hearing, or as directed by the hearing 55.1 officer, the objecting party shall provide the other party with 55.2 a brief written statement of particulars of the objectionand, 55.3 the reasons for the objection, and the specific remedies sought. 55.4 The other party shall provide the objecting party with a written 55.5 response to the statement of objections within five business 55.6 days of receipt of the statement. 55.7 The hearing shall take place before an impartial hearing 55.8 officer mutually agreed to by the school board and the parent or 55.9 guardian. If the school board and the parent or guardian are 55.10 unable to agree on a hearing officer, the school board shall 55.11 request the commissioner to appoint a hearing officer who is 55.12 satisfactorily current on department of education training. The 55.13 hearing officer shall not be a school board member or employee 55.14 of the school district where the child resides or of the child's 55.15 school district of residence, an employee of any other public 55.16 agency involved in the education or care of the child, or any 55.17 person with a personal or professional interest which would 55.18 conflict with the person's objectivity at the hearing. A person 55.19 who otherwise qualifies as a hearing officer is not an employee 55.20 of the district solely because the person is paid by the 55.21 district to serve as a hearing officer. If the hearing officer 55.22 requests an independent educational assessment of a child, the 55.23 cost of the assessment shall be at district expense. The 55.24 proceedings shall be recorded and preserved, at the expense of 55.25 the school district, pending ultimate disposition of the action. 55.26 (f) The decision of the hearing officer pursuant to clause 55.27 (e) shall be rendered not more than 45 calendar days from the 55.28 date of the receipt of the request for the hearing. A hearing 55.29 officer may grant specific extensions of time beyond the 45-day 55.30 period at the request of either party. The decision of the 55.31 hearing officer shall be binding on all parties unless appealed 55.32 to the hearing review officer by the parent, guardian, or the 55.33 school board of the district where the child resides pursuant to 55.34 clause (g). 55.35 The local decision shall: 55.36 (1) be in writing; 56.1 (2) state the controlling facts upon which the decision is 56.2 made in sufficient detail to apprise the parties and the hearing 56.3 review officer of the basis and reason for the decision; 56.4 (3) state whether the special education program or special 56.5 education services appropriate to the child's needs can be 56.6 reasonably provided within the resources available to the 56.7 responsible district or districts; 56.8 (4) state the amount and source of any additional district 56.9 expenditure necessary to implement the decision; and 56.10 (5) be based on the standards set forth in subdivision 3a 56.11 and the rules of the state board. 56.12 (g) Any local decision issued pursuant to clauses (e) and 56.13 (f) may be appealed to the hearing review officer within 30 56.14 calendar days of receipt of that written decision, by the 56.15 parent, guardian, or the school board of the district 56.16 responsible for assuring that an appropriate program is provided 56.17 in accordance with state board rules. 56.18 If the decision is appealed, a written transcript of the 56.19 hearing shall be made by the school district and shall be 56.20 accessible to the parties involved within five calendar days of 56.21 the filing of the appeal. The hearing review officer shall 56.22 issue a final independent decision based on an impartial review 56.23 of the local decision and the entire record within 30 calendar 56.24 days after the filing of the appeal. The hearing review officer 56.25 shall seek additional evidence if necessary and may afford the 56.26 parties an opportunity for written or oral argument; provided 56.27 any hearing held to seek additional evidence shall be an 56.28 impartial due process hearing but shall be deemed not to be a 56.29 contested case hearing for purposes of chapter 14. The hearing 56.30 review officer may grant specific extensions of time beyond the 56.31 30-day period at the request of any party. 56.32 The final decision shall: 56.33 (1) be in writing; 56.34 (2) include findings and conclusions; and 56.35 (3) be based upon the standards set forth in subdivision 3a 56.36 and in the rules of the state board. 57.1 (h) The decision of the hearing review officer shall be 57.2 final unless appealed by the parent or guardian or school board 57.3 to the court of appeals. The judicial review shall be in 57.4 accordance with chapter 14. 57.5 (i) The commissioner of education shall select an 57.6 individual who has the qualifications enumerated in this 57.7 paragraph to serve as the hearing review officer: 57.8 (1) the individual must be knowledgeable and impartial; 57.9 (2) the individual must not have a personal interest in or 57.10 specific involvement with the student who is a party to the 57.11 hearing; 57.12 (3) the individual must not have been employed as an 57.13 administrator by the district that is a party to the hearing; 57.14 (4) the individual must not have been involved in the 57.15 selection of the administrators of the district that is a party 57.16 to the hearing; 57.17 (5) the individual must not have a personal, economic, or 57.18 professional interest in the outcome of the hearing other than 57.19 the proper administration of the federal and state laws, rules, 57.20 and policies; 57.21 (6) the individual must not have substantial involvement in 57.22 the development of a state or local policy or procedures that 57.23 are challenged in the appeal; and 57.24 (7) the individual is not a current employee or board 57.25 member of a Minnesota public school district, education 57.26 district, intermediate unit or regional education agency, the 57.27 state department of education, the state board of education, or 57.28 a parent advocacy organization or group. 57.29 (j) In all appeals, the parent or guardian of the pupil 57.30 with a disability or the district that is a party to the hearing 57.31 may challenge the impartiality or competence of the proposed 57.32 hearing review officer by applying to thestate board of57.33educationhearing review officer. 57.34 (k) Pending the completion of proceedings pursuant to this 57.35 subdivision, unless the district and the parent or guardian of 57.36 the child agree otherwise, the child shall remain in the child's 58.1 current educational placement and shall not be denied initial 58.2 admission to school. 58.3 (l) The child's school district of residence, a resident 58.4 district, and providing district shall receive notice of and may 58.5 be a party to any hearings or appeals under this subdivision. 58.6 (m) A school district is not liable for harmless technical 58.7 violations of this subdivision or rules implementing this 58.8 subdivision if the school district can demonstrate on a 58.9 case-by-case basis that the violations did not harm the 58.10 student's educational progress or the parent or guardian's right 58.11 to notice, participation, or due process. 58.12 (n) Within ten calendar days after appointment, the hearing 58.13 officer shall schedule and hold a prehearing conference. At 58.14 that conference, or later, the hearing officer may take any 58.15 appropriate action that a court might take under Rule 16 of 58.16 Minnesota Rules of Civil Procedure including, but not limited 58.17 to, scheduling, jurisdiction, and listing witnesses including 58.18 expert witnesses. 58.19 (o) A hearing officer or hearing review officer appointed 58.20 under this subdivision shall be deemed to be an employee of the 58.21 state under section 3.732 for the purposes of section 3.736 only. 58.22 Sec. 4. Minnesota Statutes 1994, section 120.17, is 58.23 amended by adding a subdivision to read: 58.24 Subd. 3d. [INTERAGENCY SERVICES.] If at the time of 58.25 initial referral for an educational assessment, or a 58.26 reassessment, the school district determines that a child with 58.27 disabilities who is age three through 21 may be eligible for 58.28 interagency services, the district may request that the county 58.29 of residence provide a representative to the first individual 58.30 education plan team meeting following the assessment or 58.31 reassessment. The district may also request to have a county 58.32 representative attend other individual education plan team 58.33 meetings when it is necessary to facilitate coordination between 58.34 district and county provided services. Upon request from a 58.35 school district, the resident county may provide a 58.36 representative to assist the individual education plan team in 59.1 determining the child's eligibility for existing health, mental 59.2 health, or other support services administered or provided by 59.3 the county and if the county provides a representative, the 59.4 individual education plan team and the county representative 59.5 shall develop an interagency plan of care for an eligible child 59.6 and the child's family to coordinate services required under the 59.7 child's individual education plan with county services. The 59.8 interagency plan of care shall include appropriate family 59.9 information with the consent of the family, a description of how 59.10 services will be coordinated between the district and county, a 59.11 description of case management responsibilities and services, 59.12 and a description of activities for obtaining third-party 59.13 payment for eligible services, including medical assistance 59.14 payments. 59.15 Sec. 5. Minnesota Statutes 1994, section 120.185, is 59.16 amended to read: 59.17 120.185 [ACCOMMODATING STUDENTS WITH DISABILITIES; OPTIONS 59.18 PLUS PILOT PROGRAM.] 59.19 Subdivision 1. [ACCOMMODATIONS; MODIFICATIONS.] A school 59.20 or school district shall provide a student who is an "individual 59.21 with a disability" under Section 504 of the Rehabilitation Act 59.22 of 1973, United States Code, title 29, section 794, or under the 59.23 Americans with Disabilities Act, Public Law Number 101-336, with 59.24 reasonable accommodations or modifications in programs. 59.25 Subd. 2. [FINDINGS; PURPOSE.] The legislature finds that 59.26 there is a critical need to support general education classroom 59.27 teachers who teach children with specific learning 59.28 disabilities. The legislature recognizes the right of these 59.29 children to participate in noncategorical programming designed 59.30 to encourage their maximum potential, maintain their 59.31 self-esteem, and demonstrate results in measurable educational 59.32 outcomes. In addition, the legislature finds that there is a 59.33 need to demonstrate alternatives to special education that focus 59.34 on children's educational progress and results, respond to the 59.35 individual child, are efficient and cost-effective, and ensure 59.36 the rights of eligible children and their families to speedy due 60.1 process. Further, the intent of this legislation is to increase 60.2 general education's ability to educate in a manner that 60.3 decreases the need for pull-out programs for students with 60.4 specific learning disabilities and implement alternative 60.5 approaches to conflict resolution. Therefore, the legislature 60.6 establishes an Options Plus pilot program for children with 60.7 specific learning disabilities within general education designed 60.8 to demonstrate that when these children receive accommodations, 60.9 modifications, and personalized instruction they make progress 60.10 toward graduation outcomes. 60.11 Subd. 3. [OPTIONS PLUS PILOT PROGRAM.] (a) A five-year 60.12 pilot program is established to allow six school districts to 60.13 develop and evaluate an Options Plus program for eligible 60.14 children. An Options Plus applicant must be a school district 60.15 or districts that cooperate for a particular purpose. To be 60.16 eligible for Options Plus funding, a district or districts must 60.17 meet all the criteria described in this section. Pilot programs 60.18 will be approved to ensure geographic and cultural 60.19 representation, variety in school district size, and age groups 60.20 served. No applicant may offer Options Plus at the elementary 60.21 level only. 60.22 (b) To obtain authorization to establish an Options Plus 60.23 pilot program, a district or districts must submit an 60.24 application to the commissioner of education in the form and 60.25 manner prescribed by the commissioner. The application must 60.26 describe: 60.27 (1) how the applicant will ensure that eligible children 60.28 receive accommodations, modifications, and personalized 60.29 instruction; 60.30 (2) the methods to be used to evaluate individual progress 60.31 and outcomes and cumulative results including parent 60.32 satisfaction; 60.33 (3) the projected number of students annually participating 60.34 in Options Plus; and 60.35 (4) the current and projected level of educator competency 60.36 at each district site where Options Plus will be established and 61.1 the amount of start-up funds the district will need to implement 61.2 teacher training prior to project implementation. 61.3 (c) School districts must provide assessment and determine 61.4 eligibility for students with specific learning disabilities in 61.5 accordance with Minnesota Rules, parts 3525.1325 to 3525.1347. 61.6 (d) The commissioner may require additional information 61.7 from an applicant to the extent that the additional information 61.8 documents the effectiveness of the Options Plus program to 61.9 improve general education outcomes for eligible children. 61.10 Subd. 4. [DEFINITIONS.] For the purposes of this section, 61.11 the terms defined in this subdivision have the meanings given 61.12 them. 61.13 (a) "Accommodation" means any technique that alters the 61.14 educational setting to enable the child to reach the child's 61.15 maximum potential and to demonstrate more accurately the child's 61.16 knowledge and educational progress. Accommodations may include, 61.17 but are not limited to: preferential seating, paraphrasing of 61.18 information, instructions, practice activities and directions 61.19 provided in a manner consistent with the child's learning style, 61.20 opportunity for increased response time, more frequent 61.21 opportunity for review, extended time to complete assignments 61.22 and tests, larger print for assignments or tests, special study 61.23 sheets, extended or untimed tests, oral testing and answering, 61.24 and use of assistive technology within and outside the 61.25 educational environment. 61.26 (b) "Assistive technology" means any item, piece of 61.27 equipment, or product system, whether acquired commercially off 61.28 the shelf, modified, or customized, that is used to increase, 61.29 maintain, or improve functional capabilities. 61.30 (c) "Competency" means a documented and demonstrated 61.31 attitude, skill, or knowledge base resulting in an ability of 61.32 general education personnel to provide accommodations, 61.33 modifications, and personalized instruction, according to the 61.34 eligible child's individual learning styles, within general 61.35 education environments. 61.36 (d) "Eligible children" means those children who have 62.1 specific learning disabilities or conditions related to these 62.2 disabilities according to recognized professional standards and 62.3 documented by appropriately licensed personnel, including 62.4 children eligible for accommodations and modifications under 62.5 subdivision 1. 62.6 (e) "Learner plan" means a concise written plan that is 62.7 based on the eligible child's documented specific learning 62.8 disabilities and needs; includes the eligible child's strengths 62.9 that may compensate for those differences and needs; provides 62.10 the child, the child's parent, and all general education 62.11 personnel responsible for direct instruction with information 62.12 that results in clear understanding and subsequent use of 62.13 accommodations, modifications, and personalized instruction; and 62.14 includes methods of evaluating the child's progress that are 62.15 consistent with learning differences, needs, strengths, 62.16 modifications, and accommodations, and are at intervals 62.17 identical to the student population of the school in which the 62.18 child participating in Options Plus is enrolled. 62.19 (f) "Modification" means any technique that alters the 62.20 school work required, makes it different from the school work 62.21 required of other students in the same course, and encourages 62.22 the eligible child to reach the child's maximum potential and 62.23 facilitate educational success. Modifications may include, but 62.24 are not limited to: copies of teacher notes and lesson plans, 62.25 assisted note taking, reduced or altered assignments, increased 62.26 assignments in areas of strength, alternative test formats, 62.27 modified testing, peer assistance, cooperative learning, and 62.28 modified grading such as documentation of progress and results. 62.29 (g) "Parent" means a parent, guardian, or person acting as 62.30 a parent of a child. 62.31 (h) "Personalized instruction" means direct instruction (1) 62.32 designed with knowledge of the child's learning style, 62.33 strengths, and differences, to assist the child to gain in skill 62.34 areas, so the child demonstrates progress toward and outcomes 62.35 necessary to become a successful citizen; and (2) provided in 62.36 general education settings consistent with the child's class 63.1 schedule and course content and that does not interfere with 63.2 attendance in any regularly scheduled class or academic activity. 63.3 Subd. 5. [DISTRICT COMPLIANCE WITH IDEA.] Districts 63.4 participating in Options Plus shall comply with sections 120.03 63.5 and 120.17, Minnesota Rules, chapter 3525, the Individuals with 63.6 Disabilities Education Act (IDEA), United States Code, title 20, 63.7 section 1400 et seq., and Code of Federal Regulations, title 34, 63.8 part 300, except that with documented parent approval, districts 63.9 need not develop Individual Education Plans (IEPs) as required 63.10 by section 120.17, subdivision 3a, clause (1), Minnesota Rules, 63.11 part 3425.2900, United States Code, title 20, sections 1401(a) 63.12 and 1412(4), and related federal regulations requiring an IEP. 63.13 Districts shall continue to have an accounting procedure to 63.14 document that federal special education money is expended for 63.15 child find, identification, and evaluation consistent with the 63.16 IDEA. The district shall not include children participating in 63.17 Options Plus in special education child counts or funding 63.18 formulas. 63.19 Subd. 6. [DISTRICT RESPONSIBILITIES.] (a) Districts shall 63.20 develop a learner plan as defined in subdivision 4, paragraph 63.21 (e), for each child participating in Options Plus. The learner 63.22 plan shall be developed by one of the child's general education 63.23 teachers, the parent, and child, if appropriate, in consultation 63.24 with other general and special education personnel as is 63.25 needed. The district shall document that the parent, in 63.26 consultation with the child as appropriate, chose Options Plus 63.27 after being fully informed of their rights. The district shall 63.28 ensure that all education personnel with direct instruction 63.29 responsibility for the child participating in Options Plus are 63.30 informed of the accommodations and modifications necessary to 63.31 ensure success in their area of instruction. The district shall 63.32 develop a method to revise the learner plan in a timely manner 63.33 at the request of the parent or education personnel. 63.34 (b) If a dispute arises, of which the district is notified 63.35 in writing by the parent: 63.36 (1) the learner plan shall remain in effect until a new 64.1 learner plan is approved by the parent and child, as 64.2 appropriate, unless the parent requests a reinstatement of the 64.3 last agreed upon IEP; 64.4 (2) the district shall ensure that upon written request of 64.5 the parent any child may withdraw from Options Plus; 64.6 (3) within 15 days of the date the district receives 64.7 written notification of the dispute from the parent, the 64.8 district shall: 64.9 (i) provide the parent and child, if appropriate, with a 64.10 list that includes the names, addresses, and telephone numbers 64.11 of all known individuals and organizations that offer individual 64.12 advocate services within Minnesota; 64.13 (ii) inform the parent and child, as appropriate, of all 64.14 procedural safeguards and dispute resolution alternatives 64.15 available under the Individuals with Disabilities Education Act 64.16 (IDEA), United States Code, title 20, section 1400 et seq., 64.17 American with Disabilities Act of 1990 (ADA), United States 64.18 Code, title 42, section 12101 et seq., Rehabilitation Act of 64.19 1973, United States Code, title 29, section 794, and applicable 64.20 state law. Consistent with the intent of the Americans with 64.21 Disabilities Act of 1990 (ADA), United States Code, title 42, 64.22 section 12212, this legislation encourages the use of 64.23 alternative means of dispute resolution including settlement 64.24 negotiations, conciliations, facilitation, mediation, fact 64.25 finding, minitrials, and arbitration; and 64.26 (iii) notify the department of education of the dispute and 64.27 the potential need for alternative dispute resolution; and 64.28 (4) within 30 days of the date the department of education 64.29 received notification of a dispute, the district shall offer the 64.30 parent alternative dispute resolution through the department. 64.31 The dispute shall be heard by the department and the department 64.32 shall make a recommendation for resolution of the dispute. 64.33 If the child was previously served through an IEP, the 64.34 parent shall retain the option to immediately reinstate the last 64.35 agreed upon IEP. 64.36 Subd. 7. [REPORT TO LEGISLATURE.] The commissioner of 65.1 education, together with the commissioner of finance, shall 65.2 annually report to the respective committees of the legislature 65.3 on the educational impact and cost-effectiveness of Options 65.4 Plus. Each report shall include evaluation information on all 65.5 aspects of Options Plus referred to in subdivisions 3 to 6. The 65.6 initial report is due February 1997. 65.7 Sec. 6. Minnesota Statutes 1994, section 123.3514, 65.8 subdivision 7, is amended to read: 65.9 Subd. 7. [FEES; TEXTBOOKS; MATERIALS.] A post-secondary 65.10 institution that receives reimbursement for a pupil under 65.11 subdivision 6 may not charge that pupil for fees, textbooks, 65.12 materials, support services as defined in section 135A.16, or 65.13 other necessary costs of the course or program in which the 65.14 pupil is enrolled if the charge would be prohibited under 65.15 section 120.74, except for equipment purchased by the pupil that 65.16 becomes the property of the pupil. An institution may require 65.17 the pupil to pay for fees, textbooks, and materials for a course 65.18 taken for post-secondary credit. 65.19 Sec. 7. Minnesota Statutes 1994, section 123.3514, is 65.20 amended by adding a subdivision to read: 65.21 Subd. 7b. [SUPPORT SERVICES.] The post-secondary 65.22 institution shall inform the pupil of the support services 65.23 available at that institution. 65.24 If the student has an individual education plan that 65.25 provides general education support and accommodations, the 65.26 school district shall be responsible for those support 65.27 services. The district and the post-secondary institution shall 65.28 develop an agreement on the rate to be charged for the 65.29 services. Nothing in this section shall prevent the student 65.30 from enrolling while the agreement is being developed. If the 65.31 parties cannot agree on the services, on application of either 65.32 party, the commissioner shall resolve the dispute in the same 65.33 manner the commissioner fixes tuition rates under section 65.34 120.17, subdivision 4. The commissioner's decision is binding 65.35 on both parties. 65.36 Sec. 8. Minnesota Statutes 1994, section 124.273, is 66.1 amended by adding a subdivision to read: 66.2 Subd. 1c. [REVENUE.] A district's limited English 66.3 proficiency programs revenue for fiscal year 1996 and later 66.4 equals the product of: 66.5 (1) the district's base revenue for limited English 66.6 proficiency programs under this section and section 124.321, 66.7 times 66.8 (2) the ratio of: 66.9 (i) the greater of 20 or the number of pupils of limited 66.10 English proficiency enrolled in the district during the current 66.11 fiscal year to 66.12 (ii) the greater of 20 or the number of pupils of limited 66.13 English proficiency enrolled in the district during fiscal year 66.14 1995. 66.15 Sec. 9. Minnesota Statutes 1994, section 124.273, is 66.16 amended by adding a subdivision to read: 66.17 Subd. 1d. [LEP BASE REVENUE.] The limited English 66.18 proficiency programs base revenue equals the sum of the 66.19 following amounts, computed using fiscal year 1995 data: 66.20 (1) 68 percent of the salaries paid limited English 66.21 proficiency program teachers; and 66.22 (2) for supplies and equipment purchased or rented for use 66.23 in the instruction of pupils of limited English proficiency an 66.24 amount equal to 47 percent of the sum actually spent by the 66.25 district but not to exceed an average of $47 in any one school 66.26 year for each pupil of limited English proficiency receiving 66.27 instruction. 66.28 Sec. 10. Minnesota Statutes 1994, section 124.273, is 66.29 amended by adding a subdivision to read: 66.30 Subd. 1e. [AID.] A district's limited English proficiency 66.31 aid for fiscal year 1996 or later equals the aid percentage 66.32 factor under section 124.3201, subdivision 1, times the 66.33 district's limited English proficiency revenue. 66.34 Sec. 11. Minnesota Statutes 1994, section 124.32, 66.35 subdivision 10, is amended to read: 66.36 Subd. 10. [SUMMER SCHOOL.]The state shall pay aid for67.1summer school programs for children with a disability on the67.2basis of subdivisions 1b, 1d, and 5 for the current school67.3year. The state shall also pay to the Minnesota state academy67.4for the deaf or the Minnesota state academy for the blind a part67.5of the salary of each instructional aide assigned to a child67.6attending the academy, if that aide is required by the child's67.7individual education plan.By March 15 of each year, districts 67.8 shall submit separate applications for program and budget 67.9 approval for summer school programs. The review of these 67.10 applications shall be as provided in subdivision 7. By May 1 of 67.11 each year, the commissioner shall approve, disapprove or modify 67.12 the applications and notify the districts of the action and of 67.13 the estimated amount of aid for the summer school programs. 67.14 Sec. 12. Minnesota Statutes 1994, section 124.32, 67.15 subdivision 12, is amended to read: 67.16 Subd. 12. [ALLOCATION FROM COOPERATIVE CENTERS, 67.17 EDUCATIONAL COOPERATIVE SERVICE UNITS, EDUCATION DISTRICTS, AND 67.18 INTERMEDIATE DISTRICTS.] For purposes of this section, a special 67.19 education cooperative, educational cooperative service unit, 67.20 education district, or an intermediate district shall allocate 67.21 its approved expenditures for special education programs among 67.22 participating school districts. Special education aid for 67.23 services provided by a cooperative, educational cooperative 67.24 service unit, education district, or intermediate district shall 67.25 be paid to the participating school districts or to a special 67.26 education cooperative, educational cooperative service unit, 67.27 education district, or intermediate district if designated by a 67.28 participating school district. 67.29 Sec. 13. [124.3201] [SPECIAL EDUCATION REVENUE.] 67.30 Subdivision 1. [DEFINITIONS] For the purposes of this 67.31 section and sections 124.3202 and 124.321, the definitions in 67.32 this subdivision apply. 67.33 (a) "Base year" for fiscal year 1996 means fiscal year 1995. 67.34 Base year for later fiscal years means the second fiscal year 67.35 preceding the fiscal year for which aid will be paid. 67.36 (b) "Basic revenue" has the meaning given it in section 68.1 124A.22, subdivision 2. For the purposes of computing basic 68.2 revenue pursuant to this section, each child with a disability 68.3 shall be counted as prescribed in section 124.17, subdivision 1. 68.4 (c) "Essential personnel" means teachers, related services, 68.5 and support services staff providing direct services to students. 68.6 (d) "Average daily membership" has the meaning given it in 68.7 section 124.17. 68.8 (e) "Program growth factor" means 1.00 for fiscal year 1998 68.9 and later. 68.10 (f) "Aid percentage factor" means 70 percent for fiscal 68.11 year 1996, 80 percent for fiscal year 1997, 90 percent for 68.12 fiscal year 1998, and 100 percent for fiscal years 1999 and 68.13 later. 68.14 (g) "Levy percentage factor" means 100 minus the aid 68.15 percentage factor for that year. 68.16 Subd. 2. [SPECIAL EDUCATION BASE REVENUE.] The special 68.17 education base revenue equals the sum of the following amounts 68.18 computed using base year data: 68.19 (1) 68 percent of the salary of each essential person 68.20 employed in the district's program for children with a 68.21 disability during the regular school year, whether the person is 68.22 employed by one or more districts; 68.23 (2) for the Minnesota state academy for the deaf or the 68.24 Minnesota state academy for the blind, 68 percent of the salary 68.25 of each instructional aide assigned to a child attending the 68.26 academy, if that aide is required by the child's individual 68.27 education plan; 68.28 (3) for special instruction and services provided to any 68.29 pupil by contracting with public, private, or voluntary agencies 68.30 other than school districts, in place of special instruction and 68.31 services provided by the district, 52 percent of the difference 68.32 between the amount of the contract and the basic revenue of the 68.33 district for that pupil for the fraction of the school day the 68.34 pupil receives services under the contract; 68.35 (4) for special instruction and services provided to any 68.36 pupil by contracting for services with public, private, or 69.1 voluntary agencies other than school districts, that are 69.2 supplementary to a full educational program provided by the 69.3 school district, 52 percent of the amount of the contract for 69.4 that pupil; and 69.5 (5) for supplies and equipment purchased or rented for use 69.6 in the instruction of children with a disability an amount equal 69.7 to 47 percent of the sum actually expended by the district but 69.8 not to exceed an average of $47 in any one school year for each 69.9 child with a disability receiving instruction. 69.10 Subd. 3. [ADJUSTED SPECIAL EDUCATION BASE REVENUE.] For 69.11 fiscal year 1996 and later, a district's adjusted special 69.12 education base revenue equals the district's special education 69.13 base revenue times the ratio of the district's average daily 69.14 membership for the current school year to the district's average 69.15 daily membership for the base year. 69.16 Subd. 4. [STATE TOTAL SPECIAL EDUCATION REVENUE.] The 69.17 state total special education revenue for fiscal year 1996 69.18 equals $331,000,000. The state total special education revenue 69.19 for fiscal year 1997 equals $347,000,000. The state total 69.20 special education revenue for later fiscal years equals: 69.21 (1) the state total special education revenue for the 69.22 preceding fiscal year; times 69.23 (2) the program growth factor; times 69.24 (3) the ratio of the state total average daily membership 69.25 for the current fiscal year to the state total average daily 69.26 membership for the preceding fiscal year. 69.27 Subd. 5. [SCHOOL DISTRICT SPECIAL EDUCATION REVENUE.] A 69.28 school district's special education revenue for fiscal year 1996 69.29 and later equals the state total special education revenue times 69.30 the ratio of the district's adjusted special education base 69.31 revenue to the state total adjusted special education base 69.32 revenue. If the state board of education modifies its rules for 69.33 special education in a manner that increases a school district's 69.34 special education obligations or service requirements, the 69.35 commissioner of education shall annually increase each 69.36 district's special education revenue by the amount necessary to 70.1 compensate for the increased service requirements. The 70.2 additional revenue equals the cost in the current year 70.3 attributable to rule changes not reflected in the computation of 70.4 special education base revenue, multiplied by the appropriate 70.5 percentages from subdivision 2. 70.6 Subd. 6. [SPECIAL EDUCATION AID.] A school district's 70.7 special education aid for fiscal year 1996 and later equals the 70.8 district's special education revenue times the aid percentage 70.9 factor for that year. 70.10 Subd. 7. [REVENUE ALLOCATION FROM COOPERATIVE CENTERS AND 70.11 INTERMEDIATES.] For the purposes of this section and section 70.12 124.321, a special education cooperative or an intermediate 70.13 district shall allocate its approved expenditures for special 70.14 education programs among participating school districts. 70.15 Special education aid for services provided by a cooperative or 70.16 intermediate district shall be paid to the participating school 70.17 districts unless the district has requested that aid be paid 70.18 directly to the cooperative or intermediate district under 70.19 section 124.32, subdivision 12. 70.20 Sec. 14. [124.3202] [SPECIAL EDUCATION SUMMER PROGRAM 70.21 REVENUE.] 70.22 Subdivision 1. [SUMMER PROGRAM BASE REVENUE.] The summer 70.23 program base revenue equals the sum of the following amounts 70.24 computed using base year data: 70.25 (1) 68 percent of the summer program salary of each 70.26 essential person employed in the district's program for children 70.27 with a disability, whether the person is employed by one or more 70.28 districts; 70.29 (2) for the Minnesota state academy for the deaf or the 70.30 Minnesota state academy for the blind, 68 percent of the summer 70.31 program salary of each instructional aide assigned to a child 70.32 attending the academy, if that aide is required by the child's 70.33 individual education plan; 70.34 (3) for special instruction and services provided to any 70.35 pupil by contracting with public, private, or voluntary agencies 70.36 other than school districts, in place of special instruction and 71.1 services provided by the district, 52 percent of the difference 71.2 between the amount of the contract for the summer program and 71.3 the basic revenue of the district for that pupil for the 71.4 fraction of the school day the pupil receives services under the 71.5 contract; and 71.6 (4) for special instruction and services provided to any 71.7 pupil by contracting for services with public, private, or 71.8 voluntary agencies other than school districts, that are 71.9 supplementary to a full educational program provided by the 71.10 school district, 52 percent of the amount of the summer program 71.11 contract for that pupil. 71.12 Subd. 2. [ADJUSTED SUMMER PROGRAM BASE REVENUE.] For 71.13 fiscal year 1996 and later, a district's adjusted summer program 71.14 base revenue equals the district's summer program base revenue 71.15 times the ratio of the district's average daily membership for 71.16 the current school year to the district's average daily 71.17 membership for the base year. 71.18 Subd. 3. [STATE TOTAL SUMMER PROGRAM REVENUE.] The state 71.19 total summer program revenue for fiscal year 1996 equals 71.20 $7,253,000. The state total summer program revenue for fiscal 71.21 year 1997 equals $7,604,000. The state total summer program 71.22 revenue for later fiscal years equals: 71.23 (1) the state total summer program revenue for the 71.24 preceding fiscal year; times 71.25 (2) the program growth factor; times 71.26 (3) the ratio of the state total average daily membership 71.27 for the current fiscal year to the state total average daily 71.28 membership for the preceding fiscal year. 71.29 Subd. 4. [SCHOOL DISTRICT SUMMER PROGRAM REVENUE.] A 71.30 school district's summer program revenue for fiscal year 1996 71.31 and later equals the state total summer program revenue times 71.32 the ratio of the district's adjusted summer program base revenue 71.33 to the state total adjusted summer program base revenue. 71.34 Subd. 5. [SPECIAL EDUCATION SUMMER PROGRAM AID.] A school 71.35 district's special education summer program aid for fiscal year 71.36 1996 and later equals the district's summer program revenue 72.1 times the aid percentage factor for that year. 72.2 Subd. 6. [REVENUE ALLOCATION FROM COOPERATIVE CENTERS AND 72.3 INTERMEDIATES.] For the purposes of this section and section 72.4 124.321, a special education cooperative or an intermediate 72.5 district shall allocate its approved expenditures for special 72.6 education programs among participating school districts. 72.7 Special education summer program aid for services provided by a 72.8 cooperative or intermediate district shall be paid to the 72.9 participating school districts unless the district has requested 72.10 that aid be paid directly to the cooperative or intermediate 72.11 district under section 124.32, subdivision 12. 72.12 Sec. 15. Minnesota Statutes 1994, section 124.321, 72.13 subdivision 1, is amended to read: 72.14 Subdivision 1. [LEVY EQUALIZATION REVENUE.] (a) For fiscal 72.15 years 1996 and later, special education levy equalization 72.16 revenue for a school district, excluding an intermediate school 72.17 district, equals the sum of the following amounts: 72.18(1) 68 percent of the salaries paid to essential personnel72.19in that district minus the amount of state aid and any federal72.20aid, if applicable, paid to that district for salaries of these72.21essential personnel under section 124.32, subdivisions 1b and72.2210, for the year to which the levy is attributable, plus72.23(2) 68 percent of the salaries paid to essential personnel72.24in that district minus the amount of state aid and any federal72.25aid, if applicable, paid to that district for salaries of those72.26essential personnel under section 124.574, subdivision 2b, for72.27the year to which the levy is attributable, plus72.28(3) 68 percent of the salaries paid to limited English72.29proficiency program teachers in that district minus the amount72.30of state aid and any federal aid, if applicable, paid to that72.31district for salaries of these teachers under section 124.273,72.32subdivision 1b, for the year to which the levy is attributable,72.33plus72.34(4) the alternative delivery levy revenue determined72.35according to section 124.322, subdivision 4, plus72.36(5) the amount allocated to the district by special73.1education cooperatives or intermediate districts in which it73.2participates according to subdivision 2.73.3A district that receives alternative delivery levy revenue73.4according to section 124.322, subdivision 4, shall not receive73.5levy equalization revenue under clause (1) or subdivision 2,73.6clause (1), for the same fiscal year.73.7 (1) the levy percentage factor for that year times the 73.8 district's special education revenue under section 124.3201; 73.9 plus 73.10 (2) the levy percentage factor for that year times the 73.11 district's special education summer program revenue under 73.12 section 124.3202; plus 73.13 (3) the levy percentage factor for that year times the 73.14 district's special education excess cost revenue under section 73.15 124.323; plus 73.16 (4) the levy percentage factor for that year times the 73.17 district's secondary vocational education for children with a 73.18 disability revenue under section 124.574; plus 73.19 (5) the levy percentage factor for that year times the 73.20 district's limited English proficiency programs revenue under 73.21 section 124.273. 73.22 Sec. 16. Minnesota Statutes 1994, section 124.321, 73.23 subdivision 2, is amended to read: 73.24 Subd. 2. [REVENUE ALLOCATION FROMCOOPERATIVES AND73.25INTERMEDIATE DISTRICTSSTATE ACADEMIES.] (a)For purposes of73.26this section, a special education cooperative or an intermediate73.27district shall allocate to participating school districts the73.28sum of the following amounts:73.29(1) 68 percent of the salaries paid to essential personnel73.30in that cooperative or intermediate district minus the amount of73.31state aid and any federal aid, if applicable, paid to that73.32cooperative or intermediate district for salaries of these73.33essential personnel under section 124.32, subdivisions 1b and73.3410, for the year to which the levy is attributable, plus73.35(2) 68 percent of the salaries paid to essential personnel73.36in that district minus the amount of state aid and any federal74.1aid, if applicable, paid to that district for salaries of those74.2essential personnel under section 124.574, subdivision 2b, for74.3the year to which the levy is attributable, plus74.4(3) 68 percent of the salaries paid to limited English74.5proficiency program teachers in that cooperative or intermediate74.6district minus the amount of state aid and any federal aid, if74.7applicable, paid to that cooperative or intermediate district74.8for salaries of these teachers under section 124.273,74.9subdivision 1b, for the year to which the levy is attributable.74.10(b) A special education cooperative or an intermediate74.11district that allocates amounts to participating school74.12districts under this subdivision must report the amounts74.13allocated to the department of education.74.14(c)For purposes of thissubdivisionsection, the Minnesota 74.15 state academy for the deaf or the Minnesota state academy for 74.16 the blind each year shall allocate an amount equal to68 percent74.17of salaries paid to instructional aides in either academy minus74.18the amount of state aid and any federal aid, if applicable, paid74.19to either academy for salaries of these instructional aides74.20under sections 124.32, subdivisions 1b and 10,the levy 74.21 percentage factor for that year times their special education 74.22 revenue under section 124.3201 and their special education 74.23 summer program revenue under section 124.3202 for the year to 74.24 each school district that assigns a child with an individual 74.25 education plan requiring an instructional aide to attend either 74.26 academy. The school districts that assign a child who requires 74.27 an instructional aide may make a levy in the amount of the costs 74.28 allocated to them by either academy. 74.29(d)(b) When the Minnesota state academy for the deaf or 74.30 the Minnesota state academy for the blind allocatesunreimbursed74.31portions of salaries of instructional aidesrevenue among school 74.32 districts that assign a child who requires an instructional 74.33 aide, for purposes of the districts making a levy under this 74.34 subdivision, the academy shall provide information to the 74.35 department of education on the amount ofunreimbursed costs of74.36salariesrevenue it allocated to the school districts that 75.1 assign a child who requires an instructional aide. 75.2 Sec. 17. Minnesota Statutes 1994, section 124.322, is 75.3 amended to read: 75.4 124.322 [ALTERNATIVE DELIVERY BASE REVENUE ADJUSTMENT.] 75.5 Subdivision 1. [ELIGIBILITY.] A district is eligible 75.6 for an alternative delivery base revenue adjustment if the 75.7 commissioner of education has approved the application of the 75.8 district according to section 120.173. 75.9 Subd. 1a. [DEFINITIONSBASE REVENUE ADJUSTMENT.]In this75.10section, the definitions in this subdivision apply.75.11(a) "Base revenue" means the following:75.12(1) for the first fiscal year after approval of the75.13district's application, base revenue means the sum of the75.14district's revenue for the preceding fiscal year for its special75.15education program under sections 124.32, subdivisions 1b, 1d, 2,75.165, and 10, and 124.321, subdivision 1;75.17(2) for the second fiscal year after approval of a75.18district's application, base revenue means the sum of the75.19district's revenue for the second prior fiscal year for its75.20special education program under sections 124.32, subdivisions75.211b, 1d, 2, 5, and 10, and 124.321, subdivision 1; and75.22(3)For the third fiscal year after approval of a 75.23 district's application, and thereafter, the special education 75.24 base revenue under section 124.3201, subdivision 1, and the 75.25 summer program base revenuemeans the sum of the revenue a75.26district would have been entitled to in the second prior fiscal75.27year for its special education program under sections 124.32,75.28subdivisions 1b, 1d, 2, 5, and 10, and 124.321, subdivision75.291,under section 124.3202, subdivision 1, shall be computed 75.30 based on activities defined as reimbursable under state board 75.31 rules for special education and nonspecial education students, 75.32 and additional activities as detailed and approved by the 75.33 commissioner of education. 75.34(b) "Base aid" means the following:75.35(1) for the first fiscal year after approval of a75.36district's application, base aid means the sum of the district's76.1gross aid for the preceding fiscal year for its special76.2education program under section 124.32, subdivisions 1b, 1d, 2,76.35, and 10;76.4(2) for the second fiscal year after approval of a76.5district's application, base aid means the sum of the district's76.6gross aid for the second prior fiscal year for its special76.7education program under section 124.32, subdivisions 1b, 1d, 2,76.85, and 10; and76.9(3) for the third fiscal year after approval of a76.10district's application and thereafter, base aid means the sum of76.11the gross aid the district would have been entitled to in the76.12second prior fiscal year for its special education program under76.13section 124.32, subdivisions 1b, 1d, 2, 5, and 10, based on76.14activities defined as reimbursable under state board of76.15education rules for special education and nonspecial education76.16students, and additional activities as detailed and approved by76.17the commissioner of education in the application plan.76.18(c) Notwithstanding paragraphs (a) and (b), base revenue76.19and base aid for 1995 and later fiscal years must not include76.20revenue and aid under section 124.32, subdivision 5.76.21(d) "Alternative delivery revenue inflator" means:76.22(1) for the first fiscal year after approval of a76.23district's application, the greater of 1.017 or the ratio of (i)76.24the statewide average special education revenue under sections76.25124.32 and 124.321 per pupil in average daily membership for the76.26current fiscal year, to (ii) the statewide average special76.27education revenue per pupil in average daily membership for the76.28previous fiscal year.76.29(2) for the second and later fiscal years, the greater of76.301.034 or the ratio of (i) the statewide average special76.31education revenue under sections 124.32 and 124.321 per pupil in76.32average daily membership for the current fiscal year, to (ii)76.33the statewide average special education revenue per pupil in76.34average daily membership for the second prior fiscal year.76.35(e) The commissioner of education shall adjust each76.36district's base revenue and base aid to reflect any changes in77.1special education services required by rule or statute.77.2Subd. 2. [AMOUNT OF ALTERNATIVE DELIVERY REVENUE.] For the77.3first fiscal year after approval of an application, a district's77.4alternative delivery revenue equals its base revenue multiplied77.5by the product of the alternative delivery revenue inflator77.6times the ratio of the district's average daily membership for77.7the current fiscal year to the district's average daily77.8membership for the immediately preceding fiscal year. For the77.9second and later fiscal years a district's alternative delivery77.10revenue equals its base revenue multiplied by the product of the77.11alternative delivery revenue inflator times the ratio of the77.12district's average daily membership for the current fiscal year77.13to the district's average daily membership for the second77.14preceding fiscal year.77.15Subd. 3. [ALTERNATIVE DELIVERY AID.] For the first fiscal77.16year after approval of an application, a district's alternative77.17delivery aid equals its base aid multiplied by the product of77.181.017 times the ratio of the district's average daily membership77.19for the current fiscal year to the district's average daily77.20membership for the preceding fiscal year. For the second and77.21later fiscal years a district's alternative delivery aid equals77.22its base aid multiplied by the product of 1.034 times the ratio77.23of the district's average daily membership for the current77.24fiscal year to the district's average daily membership for the77.25second preceding fiscal year. A district that receives aid77.26under this subdivision shall not receive aid under section77.27124.32, subdivisions 1b, 1d, 2, 5, and 10, for the same fiscal77.28year.77.29Subd. 4. [ALTERNATIVE DELIVERY LEVY REVENUE.] A district77.30shall receive alternative delivery levy revenue equal to the77.31difference between the alternative delivery revenue and the77.32alternative delivery aid. If the alternative delivery aid for a77.33district is prorated, the alternative delivery levy revenue77.34shall be increased by the amount not paid by the state due to77.35proration. The alternative delivery levy revenue shall be77.36included under section 124.321, subdivision 1, for purposes of78.1computing the special education levy under section 124.321,78.2subdivision 3, and the special education levy equalization aid78.3under section 124.321, subdivision 4.78.4 Subd. 5. [USE OF REVENUE.] Revenue underthis section78.5 sections 124.3201 and 124.3202 shall be used to implement the 78.6 approved program. 78.7 Sec. 18. Minnesota Statutes 1994, section 124.323, 78.8 subdivision 1, is amended to read: 78.9 Subdivision 1. [DEFINITIONS.] In this section, the 78.10 definitions in this subdivision apply. 78.11 (a) "Unreimbursed special education cost" means the sum of 78.12 the following: 78.13 (1) expenditures for teachers' salaries, contracted 78.14 services, supplies, and equipment eligible for revenue under 78.15 sections124.32, subdivisions 1b, 1d, 2, and 10, and 124.322,78.16subdivision 2124.3201, 124.3202, and 124.321; plus 78.17 (2) expenditures for tuition bills received under section 78.18 120.17; minus 78.19 (3) revenue for teachers' salaries, contracted services, 78.20 supplies, and equipment under sections124.32, subdivisions 1b,78.211d, 2, and 10; 124.321, subdivision 1, clause (1); and 124.322,78.22subdivision 2124.3201, 124.3202, and 124.321; minus 78.23 (4) tuition receipts under section 120.17. 78.24 (b) "General revenue" means the sum of the general 78.25 education revenue according to section 124A.22, subdivision 1, 78.26 plus the total referendum revenue according to section 124A.03, 78.27 subdivision 1e. 78.28 Sec. 19. Minnesota Statutes 1994, section 124.323, 78.29 subdivision 2, is amended to read: 78.30 Subd. 2. [EXCESS COSTAIDREVENUE.] For19951996 and 78.31 later fiscal years, a district's special education excess 78.32 costaidrevenue equals the product of: 78.33 (1) 70 percent of the difference between (i) the district's 78.34 unreimbursed special education cost per actual pupil unit and 78.35 (ii) six percent of the district's general revenue per actual 78.36 pupil unit, times 79.1 (2) the district's actual pupil units for that year. 79.2 Sec. 20. Minnesota Statutes 1994, section 124.323, is 79.3 amended by adding a subdivision to read: 79.4 Subd. 3. [EXCESS COST AID.] For 1996 and later fiscal 79.5 years, a district's special education excess cost aid equals the 79.6 district's special education excess cost revenue times the aid 79.7 percentage factor for that year. 79.8 Sec. 21. Minnesota Statutes 1994, section 124.573, 79.9 subdivision 2e, is amended to read: 79.10 Subd. 2e. [ALLOCATION FROM COOPERATIVE CENTERS AND 79.11 INTERMEDIATE DISTRICTS.] For purposes of subdivisions 2b, 79.12 paragraph (b), and 2f, paragraph (b), a cooperative center or an 79.13 intermediate district shall allocate its approved expenditures 79.14 for secondary vocational education programs among participating 79.15 school districts. For purposes of subdivision 2f, paragraph 79.16 (a), a cooperative center or an intermediate district shall 79.17 allocate its secondary vocational aid for fiscal year 1994 among 79.18 participating school districts. For 1995 and later fiscal 79.19 years, secondary vocational aid for services provided by a 79.20 cooperative center or an intermediate district shall be paid to 79.21 the participating school district or to a vocational 79.22 cooperative, education district, or intermediate district if 79.23 designated by a participating school district. 79.24 Sec. 22. Minnesota Statutes 1994, section 124.574, is 79.25 amended by adding a subdivision to read: 79.26 Subd. 2c. [DEFINITIONS.] For the purposes of this section 79.27 and section 124.321, the definitions in this subdivision apply. 79.28 (a) "Base year" for fiscal year 1996 means fiscal year 1995. 79.29 Base year for later fiscal years means the second fiscal year 79.30 preceding the fiscal year for which aid will be paid. 79.31 (b) "Basic revenue" has the meaning given it in section 79.32 124A.22, subdivision 2. For the purposes of computing basic 79.33 revenue pursuant to this section, each child with a disability 79.34 shall be counted as prescribed in section 124.17, subdivision 1. 79.35 (c) "Average daily membership" has the meaning given it in 79.36 section 124.17. 80.1 (d) "Program growth factor" means 1.00 for fiscal year 1998 80.2 and later. 80.3 (e) "Aid percentage factor" means 70 percent for fiscal 80.4 year 1996, 80 percent for fiscal year 1997, 90 percent for 80.5 fiscal year 1998, and 100 percent for fiscal years 1999 and 80.6 later. 80.7 Sec. 23. Minnesota Statutes 1994, section 124.574, is 80.8 amended by adding a subdivision to read: 80.9 Subd. 2d. [BASE REVENUE.] The secondary vocational 80.10 disabled program base revenue equals the sum of the following 80.11 amounts computed using base year data: 80.12 (1) 68 percent of the salary of each essential licensed 80.13 person who provides direct instructional services to students 80.14 employed during that fiscal year for services rendered in that 80.15 district's secondary vocational education programs for children 80.16 with a disability; 80.17 (2) 47 percent of the costs of necessary equipment for 80.18 secondary vocational education programs for children with a 80.19 disability; 80.20 (3) 47 percent of the costs of necessary travel between 80.21 instructional sites by secondary vocational education teachers 80.22 of children with a disability but not including travel to and 80.23 from local, regional, district, state, or national vocational 80.24 student organization meetings; 80.25 (4) 47 percent of the costs of necessary supplies for 80.26 secondary vocational education programs for children with a 80.27 disability but not to exceed an average of $47 in any one school 80.28 year for each child with a disability receiving these services; 80.29 (5) for secondary vocational education programs for 80.30 children with disabilities provided by a contract approved by 80.31 the commissioner with public, private, or voluntary agencies 80.32 other than a Minnesota school district or cooperative center, in 80.33 place of programs provided by the district, 52 percent of the 80.34 difference between the amount of the contract and the basic 80.35 revenue of the district for that pupil for the fraction of the 80.36 school day the pupil receives services under the contract; 81.1 (6) for secondary vocational education programs for 81.2 children with disabilities provided by a contract approved by 81.3 the commissioner with public, private, or voluntary agencies 81.4 other than a Minnesota school district or cooperative center, 81.5 that are supplementary to a full educational program provided by 81.6 the school district, 52 percent of the amount of the contract; 81.7 and 81.8 (7) for a contract approved by the commissioner with 81.9 another Minnesota school district or cooperative center for 81.10 vocational evaluation services for children with a disability 81.11 for children that are not yet enrolled in grade 12, 52 percent 81.12 of the amount of the contract. 81.13 Sec. 24. Minnesota Statutes 1994, section 124.574, is 81.14 amended by adding a subdivision to read: 81.15 Subd. 2e. [ADJUSTED SECONDARY VOCATIONAL-DISABLED BASE 81.16 REVENUE.] For fiscal year 1996 and later, a district's adjusted 81.17 secondary vocational-disabled base revenue equals the district's 81.18 secondary vocational-disabled base revenue times the ratio of 81.19 the district's average daily membership for the current school 81.20 year to the district's average daily membership for the base 81.21 year. 81.22 Sec. 25. Minnesota Statutes 1994, section 124.574, is 81.23 amended by adding a subdivision to read: 81.24 Subd. 2f. [STATE TOTAL SECONDARY VOCATIONAL-DISABLED 81.25 REVENUE.] The state total secondary vocational-disabled revenue 81.26 for fiscal year 1996 equals $7,720,000. The state total 81.27 secondary vocational-disabled revenue for fiscal year 1997 81.28 equals $8,118,000. The state total secondary 81.29 vocational-disabled revenue for later fiscal years equals: 81.30 (1) the state total secondary vocational-disabled revenue 81.31 for the preceding fiscal year; times 81.32 (2) the program growth factor; times 81.33 (3) the ratio of the state total average daily membership 81.34 for the current fiscal year to the state total average daily 81.35 membership for the preceding fiscal year. 81.36 Sec. 26. Minnesota Statutes 1994, section 124.574, is 82.1 amended by adding a subdivision to read: 82.2 Subd. 2g. [SCHOOL DISTRICT SECONDARY VOCATIONAL-DISABLED 82.3 REVENUE.] A school district's secondary vocational-disabled 82.4 revenue for fiscal year 1996 and later equals the state total 82.5 secondary vocational-disabled revenue times the ratio of the 82.6 district's adjusted secondary vocational-disabled base revenue 82.7 to the state total adjusted secondary vocational-disabled base 82.8 revenue. 82.9 Sec. 27. Minnesota Statutes 1994, section 124.574, is 82.10 amended by adding a subdivision to read: 82.11 Subd. 2h. [SCHOOL DISTRICT SECONDARY VOCATIONAL-DISABLED 82.12 AID.] A school district's secondary vocational-disabled aid for 82.13 fiscal year 1996 and later equals the district's secondary 82.14 vocational-disabled revenue times the aid percentage factor for 82.15 that year. 82.16 Sec. 28. Minnesota Statutes 1994, section 124.574, 82.17 subdivision 9, is amended to read: 82.18 Subd. 9. [REVENUE ALLOCATION FROM COOPERATIVE CENTERS AND 82.19 INTERMEDIATE DISTRICTS.] For purposes of this section and 82.20 section 124.321, a cooperative center or an intermediate 82.21 district shall allocate its approved expenditures for secondary 82.22 vocational programs for children with a disability among 82.23 participating school districts. Aid for secondary vocational 82.24 programs for children with a disability for services provided by 82.25 a cooperative or intermediate district shall be paid to the 82.26 participating school districts or to a vocational cooperative, 82.27 education district, or intermediate district if designated by a 82.28 participating school district. 82.29 Sec. 29. Minnesota Statutes 1994, section 125.62, 82.30 subdivision 1, is amended to read: 82.31 Subdivision 1. [ESTABLISHMENT.] A grant program is 82.32 established to assist American Indian people to become teachers 82.33 and to provide additional education for American Indian 82.34 teachers. The state board may award a joint grant to each of 82.35 the following: 82.36 (1) the Duluth campus of the University of Minnesota and 83.1 independent school district No. 709, Duluth; 83.2 (2) Bemidji state university and independent school 83.3 district No. 38, Red Lake; 83.4 (3) Moorhead state university and one of the school 83.5 districts located within the White Earth reservation; and 83.6 (4) Augsburg college, independent school district No. 625, 83.7 St. Paul, and special school district No. 1, Minneapolis. 83.8 Sec. 30. Minnesota Statutes 1994, section 125.62, 83.9 subdivision 7, is amended to read: 83.10 Subd. 7. [LOAN FORGIVENESS.] The loan may be forgiven if 83.11 the recipient is employed as a teacher, as defined in section 83.12 125.12 or 125.17, in an eligible school or program in 83.13 Minnesota.One-fifthOne-fourth of the principal of the 83.14 outstanding loan amount shall be forgiven for each year of 83.15 eligible employment, or a pro rata amount for eligible 83.16 employment during part of a school year, part-time employment as 83.17 a substitute teacher, or other eligible part-time 83.18 teaching. Loans for $2,500 or less may be forgiven at the rate 83.19 of up to $1,250 per year. The following schools and programs 83.20 are eligible for the purposes of loan forgiveness: 83.21 (1) a school or program operated by a school district; 83.22 (2) a tribal contract school eligible to receive aid 83.23 according to section 124.86; 83.24 (3) a head start program; 83.25 (4) an early childhood family education program;or83.26 (5) a program providing educational services to children 83.27 who have not entered kindergarten; or 83.28 (6) a program providing educational enrichment services to 83.29 American Indian students in grades kindergarten through 12. 83.30 If a person has an outstanding loan obtained through this 83.31 program, the duty to make payments of principal and interest may 83.32 be deferred during any time period the person is enrolled at 83.33 least one-half time in an advanced degree program in a field 83.34 that leads to employment by a school district. To defer loan 83.35 obligations, the person shall provide written notification to 83.36 the state board of education and the recipients of the joint 84.1 grant that originally authorized the loan. Upon approval by the 84.2 state board and the joint grant recipients, payments shall be 84.3 deferred. 84.4 The loan forgiveness program, loan deferral, and procedures 84.5 to administer the program shall be approved by the higher 84.6 education coordinating board. 84.7 Sec. 31. Minnesota Statutes 1994, section 126.49, is 84.8 amended by adding a subdivision to read: 84.9 Subd. 2a. [RESOLUTION OR LETTER.] All persons applying for 84.10 a license under this section must submit to the board a 84.11 resolution or letter of support signed by an American Indian 84.12 tribal government or its designee. All persons holding a 84.13 license under this section on the effective date of this section 84.14 must have on file or file with the board a resolution or letter 84.15 of support signed by a tribal government or its designee by 84.16 January 1, 1996, or the next renewal date of the license 84.17 thereafter. 84.18 Sec. 32. Minnesota Statutes 1994, section 127.30, 84.19 subdivision 2, is amended to read: 84.20 Subd. 2. (a) A written notice containing the grounds for 84.21 suspension, a brief statement of the facts, a description of the 84.22 testimony, a readmission plan, and a copy of sections 127.26 to 84.23 127.39, shall be personally served upon the pupil at or before 84.24 the time the suspension is to take effect, and upon the pupil's 84.25 parent or guardian by certified mail within 48 hours of the 84.26 conference. In the event a pupil is suspended without an 84.27 informal administrative conference on the grounds that the pupil 84.28 will create an immediate and substantial danger to surrounding 84.29 persons or property, the written notice shall be served either 84.30 personally or by certified mail upon the pupil and the pupil's 84.31 parent or guardian within 48 hours of the suspension. Service 84.32 by certified mail is complete upon mailing. 84.33 (b) If a custodial parent or guardian of a suspended pupil 84.34 has officially filed, during the school year of the suspension, 84.35 a telephone number with the principal's office of the pupil's 84.36 school, a school official must try at least once to reach or 85.1 leave a message for that parent or guardian at that telephone 85.2 number before releasing the pupil to begin the suspension. 85.3 Sec. 33. [127.392] [INCARCERATED STUDENTS.] 85.4 Notwithstanding sections 127.26 to 127.39, a student 85.5 released from a correctional institution or a juvenile services 85.6 program may be diverted from the general school population to a 85.7 substantive alternative instruction program for up to one year 85.8 if the school district, after consultation with the student's 85.9 parole officer, determines that the student poses a direct 85.10 threat to the safety of students or school personnel. The 85.11 school district shall provide information to the pupil on the 85.12 processes available to appeal a decision to be diverted from the 85.13 general school program. 85.14 Sec. 34. Laws 1994, chapter 587, article 3, section 19, 85.15 subdivision 1, is amended to read: 85.16 Subdivision 1. [SPECIAL EDUCATION AID.] $17,500,000 is 85.17 appropriated in fiscal year 1994 from the general fund to the 85.18 department of education for special education aid to school 85.19 districts. This appropriation is available until June 30, 85.20 1995. This amount is added to the appropriations for aid for 85.21 special education programs contained in Laws 1993, chapter 224, 85.22 article 3, section 38, subdivisions 2, 4, 8, 11, and 14. The 85.23 individual appropriations shall be increased by the commissioner 85.24 of finance in the amounts determined by the commissioner of 85.25 education. This amount is appropriated to eliminate the fiscal 85.26 year 1993 deficiencies and reduce the fiscal year 1994 and 1995 85.27 deficiencies in the appropriations in those subdivisions. The 85.28 department must reduce a school district's payable 1995 and 85.29 payable 1996 levy limitations by the full amount of the aid 85.30 payments made to the school district according to this 85.31 subdivision. This appropriation shall not be included in 85.32 determining the amount of a deficiency in the special education 85.33 programs for fiscal year 1995 for the purpose of allocating any 85.34 excess appropriations to aid or grant programs with insufficient 85.35 appropriations as provided in Minnesota Statutes, section 85.36 124.14, subdivision 7. Notwithstanding Minnesota Statutes, 86.1 section 124.195, subdivision 10, 100 percent of this 86.2 appropriation must be paid in fiscal years 1994 and 1995. This 86.3 appropriation is not to be included in a base budget for future 86.4 fiscal years. 86.5 Sec. 35. [HOMESTEAD AND AGRICULTURAL CREDIT ADJUSTMENT.] 86.6 (a) For the computation of homestead and agricultural aid 86.7 for taxes payable in 1995, the commissioner of revenue shall 86.8 reduce a school district's homestead and agricultural aid by an 86.9 amount equal to the lesser of: (1) the amount of the district's 86.10 homestead and agricultural aid for calendar year 1994; or (2) an 86.11 amount equal to one percent times the district's adjusted net 86.12 tax capacity for assessment year 1994. 86.13 (b) Prior to the computation of homestead and agricultural 86.14 aid for taxes payable in 1996, the commissioner of revenue shall 86.15 reduce the school district's homestead and agricultural aid by 86.16 an amount equal to the lessor of: (1) the amount of the 86.17 district's homestead and agricultural aid for calendar year 86.18 1995; or (2) an amount equal to one percent times the district's 86.19 adjusted net tax capacity for assessment year 1994. 86.20 (c) Prior to the computation of homestead and agricultural 86.21 aid for taxes payable in 1997, the commissioner of revenue shall 86.22 reduce a school district's homestead and agricultural aid by an 86.23 amount equal to the lesser of: (1) the amount of the district's 86.24 homestead and agricultural aid for calendar year 1996; or (2) an 86.25 amount equal to one percent times the district's adjusted net 86.26 tax capacity for assessment year 1994. 86.27 (d) Prior to the computation of homestead and agricultural 86.28 aid for taxes payable in 1998, the commissioner of revenue shall 86.29 reduce a school district's homestead and agricultural aid by an 86.30 amount equal to the lesser of: (1) the amount of the district's 86.31 homestead and agricultural aid for calendar year 1997; or (2) an 86.32 amount equal to one percent times the district's adjusted net 86.33 tax capacity for assessment year 1994. 86.34 Sec. 36. [MEXICAN ORIGIN EDUCATION PILOT GRANT PROGRAM.] 86.35 Subdivision 1. [ESTABLISHMENT.] A Mexican origin education 86.36 pilot grant program is established to assist school districts 87.1 and communities in meeting the educational and culturally 87.2 related academic needs of students of Mexican origin. 87.3 Subd. 2. [EXPECTED OUTCOMES.] Grant recipients shall use 87.4 the funds for programs designed to improve the school success of 87.5 students of Mexican origin. Grant proceeds may be used for 87.6 curriculum and staff development, tutoring, mentoring, parent 87.7 involvement, and other programs that are designed to: 87.8 (1) improve student achievement and reduce dropout rates; 87.9 (2) increase student knowledge and understanding of Mexican 87.10 history; 87.11 (3) improve instruction by developing the cultural 87.12 competence skills of teachers and other staff; and 87.13 (4) increase parent involvement in education and the school 87.14 community. 87.15 Subd. 3. [GRANT ELIGIBILITY, APPLICATIONS, AND AWARDS.] 87.16 The commissioner of education shall prescribe the form and 87.17 manner of applications and may award grants to the applicants 87.18 likely to meet the outcomes in subdivision 2. The commissioner 87.19 shall give preference to grant proposals that provide 87.20 collaboration with community resources. 87.21 Sec. 37. [THIRD PARTY NEUTRALS.] 87.22 Money allocated by the department of education in fiscal 87.23 year 1995 to the bureau of mediation services to run the 87.24 department's mediation program under Minnesota Statutes, section 87.25 120.17, subdivision 3b, paragraph (d), must also be made 87.26 available in fiscal years 1996 and 1997 to reimburse school 87.27 districts for third party neutrals as provided in Minnesota 87.28 Statutes, section 120.17, subdivision 3b, paragraph (c). 87.29 Sec. 38. [STATE VOCATIONAL SCHOOL PLANNING PROCESS.] 87.30 Subdivision 1. [PLANNING COMMITTEE.] A planning committee 87.31 is established to develop a preliminary plan for a 87.32 state-of-the-art vocational high school in Minnesota to serve 87.33 the needs of students with special vocational interests and 87.34 talents, and to serve as a demonstration site for vocational 87.35 education. The committee shall consist of 21 members. The 87.36 governor, speaker of the house of representatives, and the 88.1 majority leader of the senate shall each appoint seven members. 88.2 The governor's appointments must include the commissioners of 88.3 education and human services or their designees. Members also 88.4 must include potential students and their parents, imaginative 88.5 practicing teachers, high school administrators, representatives 88.6 of business and labor, and community representatives. The 88.7 committee is subject to Minnesota Statutes, section 15.059. 88.8 Subd. 2. [PURPOSES.] The purposes of the planning 88.9 committee are to: 88.10 (1) evaluate the need for a vocational high school, 88.11 including the needs of Minnesota students for vocational 88.12 training and the needs of private sector employers for skilled, 88.13 vocationally trained employees; 88.14 (2) determine the capacity of Minnesota's secondary schools 88.15 to meet this need; 88.16 (3) identify the challenges and opportunities for 88.17 vocational education; 88.18 (4) develop a preliminary plan for a vocational high school 88.19 to meet the identified needs; 88.20 (5) develop a learning signature for a vocational high 88.21 school based on its focus, including educational goals, learning 88.22 organization, anticipated learner results, and staffing and 88.23 staff development; 88.24 (6) describe the anticipated partnerships of the vocational 88.25 school with other secondary educational institutions, 88.26 post-secondary institutions, business and labor, community 88.27 organizations, and students' families; 88.28 (7) develop a technology and equipment plan for the 88.29 proposed school; and 88.30 (8) develop preliminary cost estimates for a vocational 88.31 school. 88.32 Subd. 3. [APPOINTMENTS; MEETINGS.] The planning committee 88.33 must be appointed by July 1, 1995. The committee must begin 88.34 meeting in July 1995. At least some of the committee meetings 88.35 must be held outside the metropolitan area as defined in 88.36 Minnesota Statutes, section 473.121, subdivision 2. 89.1 Subd. 4. [REPORT.] The planning committee shall make a 89.2 report of its work to the education committees of the 89.3 legislature in February 1996. 89.4 Subd. 5. [STAFF; OFFICE SPACE.] The planning committee may 89.5 appoint staff as necessary to assist in its work. The staff are 89.6 members of the unclassified service of the state. The 89.7 commissioner of education shall provide office space for the 89.8 committee staff. 89.9 Sec. 39. [REPORT; COMMON DEFINITIONS.] 89.10 The department of education and the department of human 89.11 services must analyze the current programs, definitions, 89.12 assessment procedures, diagnostic practices, and case management 89.13 procedures used by the education and human services systems to 89.14 provide services for children. These agencies must report to 89.15 the legislature by January 15, 1996, on recommendations that 89.16 will allow children to receive services from both systems under 89.17 a common set of definitions, procedure, and practices and on 89.18 ways to eliminate any duplication of services and programs. The 89.19 report must include any necessary changes in Minnesota Statutes 89.20 and Minnesota Rules to implement the recommendations. 89.21 Sec. 40. [GRANTS; OPTIONS PLUS PILOT PROGRAM.] 89.22 In fiscal year 1996, the commissioner of education shall 89.23 award up to six grants for necessary staff development to 89.24 eligible school districts or groups of school districts 89.25 authorized to participate in the Options Plus pilot program 89.26 according to Minnesota Statutes, section 120.185. 89.27 Sec. 41. [RESTRICTING BEHAVIORAL CRITERIA.] 89.28 Within 90 days after the effective date of sections 1 89.29 (120.062, subdivision 7), 32 (127.30, subdivision 2), and 33 89.30 (127.392), the state board of education must adopt an amendment 89.31 to Minnesota Rules, part 3525.1329, so that its definitions and 89.32 criteria conform with, but do not exceed, the minimal 89.33 requirements of Code of Federal Regulations, title 34, section 89.34 300.7, paragraph (b), clause (9), for students having the 89.35 disability defined as "serious emotional disturbance." 89.36 Sec. 42. [APPROPRIATIONS.] 90.1 Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums 90.2 indicated in this section are appropriated from the general fund 90.3 or other named fund to the department of education for the 90.4 fiscal years designated. 90.5 Subd. 2. [SPECIAL EDUCATION AID.] For special education 90.6 aid according to Minnesota Statutes, section 124.32: 90.7 $225,211,000 ..... 1996 90.8 $270,761,000 ..... 1997 90.9 The 1996 appropriation includes $28,230,000 for 1995 and 90.10 $196,981,000 for 1996. 90.11 The 1997 appropriation includes $34,761,000 for 1996 and 90.12 $236,000,000 for 1997. 90.13 Subd. 3. [SPECIAL PUPIL AID.] For special education aid 90.14 according to Minnesota Statutes, section 124.32, subdivision 6, 90.15 for pupils with handicaps placed in residential facilities 90.16 within the district boundaries for whom no district of residence 90.17 can be determined: 90.18 $470,000 ..... 1996 90.19 $479,000 ..... 1997 90.20 If the appropriation for either year is insufficient, the 90.21 appropriation for the other year is available. If the 90.22 appropriations for both years are insufficient, the 90.23 appropriation for special education aid may be used to meet the 90.24 special pupil obligations. 90.25 Subd. 4. [SUMMER SPECIAL EDUCATION AID.] For special 90.26 education summer program aid according to Minnesota Statutes, 90.27 section 124.32, subdivision 10: 90.28 $5,078,000 ..... 1996 90.29 $6,084,000 ..... 1997 90.30 The 1996 appropriation is for 1995 summer programs. 90.31 The 1997 appropriation is for 1996 summer programs. 90.32 Subd. 5. [TRAVEL FOR HOME-BASED SERVICES.] For aid for 90.33 teacher travel for home-based services according to Minnesota 90.34 Statutes, section 124.32, subdivision 2b: 90.35 $77,000 ..... 1996 90.36 $80,000 ..... 1997 91.1 The 1996 appropriation includes $11,000 for 1995 and 91.2 $66,000 for 1996. 91.3 The 1997 appropriation includes $11,000 for 1996 and 91.4 $69,000 for 1997. 91.5 Subd. 6. [SPECIAL EDUCATION EXCESS COST AID.] For excess 91.6 cost aid: 91.7 $6,700,000 ..... 1996 91.8 $12,256,000 ..... 1997 91.9 The 1996 appropriation includes $760,000 for 1995 and 91.10 $5,940,000 for 1996. 91.11 The 1997 appropriation includes $1,048,000 for 1996 and 91.12 $11,248,000 for 1997. 91.13 Subd. 7. [LIMITED ENGLISH PROFICIENCY PUPILS PROGRAM AID.] 91.14 For aid to educational programs for pupils of limited English 91.15 proficiency according to Minnesota Statutes, section 124.273: 91.16 $8,367,000 ..... 1996 91.17 $10,904,000 ..... 1997 91.18 The 1996 appropriation includes $945,000 for 1995 and 91.19 $7,422,000 for 1996. 91.20 The 1997 appropriation includes $1,309,000 for 1996 and 91.21 $9,595,000 for 1997. 91.22 Subd. 8. [SECONDARY VOCATIONAL; STUDENTS WITH 91.23 DISABILITIES.] For aid for secondary vocational education for 91.24 pupils with disabilities according to Minnesota Statutes, 91.25 section 124.574: 91.26 $5,184,000 ..... 1996 91.27 $6,330,000 ..... 1997 91.28 The 1996 appropriation includes $590,000 for 1995 and 91.29 $4,594,000 for 1996. 91.30 The 1997 appropriation includes $810,000 for 1996 and 91.31 $5,520,000 for 1997. 91.32 Subd. 9. [SPECIAL PROGRAMS EQUALIZATION AID.] For special 91.33 education levy equalization aid according to Minnesota Statutes, 91.34 section 124.321: 91.35 $19,182,000 ..... 1996 91.36 $13,194,000 ..... 1997 92.1 The 1996 appropriation includes $2,584,000 for 1995 and 92.2 $16,598,000 for 1996. 92.3 The 1997 appropriation includes $2,928,000 for 1996 and 92.4 $10,266,000 for 1997. 92.5 Subd. 10. [AMERICAN INDIAN POST-SECONDARY PREPARATION 92.6 GRANTS.] For American Indian post-secondary preparation grants 92.7 according to Minnesota Statutes, section 124.481: 92.8 $857,000 ..... 1996 92.9 $857,000 ..... 1997 92.10 Any balance in the first year does not cancel but is 92.11 available in the second year. 92.12 Subd. 11. [AMERICAN INDIAN LANGUAGE AND CULTURE PROGRAMS.] 92.13 For grants to American Indian language and culture education 92.14 programs according to Minnesota Statutes, section 126.54, 92.15 subdivision 1: 92.16 $591,000 ..... 1996 92.17 $591,000 ..... 1997 92.18 The 1996 appropriation includes $88,000 for 1995 and 92.19 $503,000 for 1996. 92.20 The 1997 appropriation includes $88,000 for 1996 and 92.21 $503,000 for 1997. 92.22 Any balance in the first year does not cancel but is 92.23 available in the second year. 92.24 Subd. 12. [AMERICAN INDIAN SCHOLARSHIPS.] For American 92.25 Indian scholarships according to Minnesota Statutes, section 92.26 124.48: 92.27 $1,600,000 ..... 1996 92.28 $1,600,000 ..... 1997 92.29 Any balance in the first year does not cancel but is 92.30 available in the second year. 92.31 Subd. 13. [AMERICAN INDIAN EDUCATION.] (a) For certain 92.32 American Indian education programs in school districts: 92.33 $175,000 ..... 1996 92.34 $175,000 ..... 1997 92.35 The 1996 appropriation includes $26,000 for 1995 and 92.36 $149,000 for 1996. 93.1 The 1997 appropriation includes $26,000 for 1996 and 93.2 $149,000 for 1997. 93.3 (b) These appropriations are available for expenditure with 93.4 the approval of the commissioner of the department of education. 93.5 (c) The commissioner must not approve the payment of any 93.6 amount to a school district or school under this subdivision 93.7 unless that school district or school is in compliance with all 93.8 applicable laws of this state. 93.9 (d) Up to the following amounts may be distributed to the 93.10 following schools and school districts for each fiscal year: 93.11 $54,800, Pine Point School; $9,800 to independent school 93.12 district No. 166, Cook county; $14,900 to independent school 93.13 district No. 432, Mahnomen; $14,200 to independent school 93.14 district No. 435, Waubun; $42,200 to independent school district 93.15 No. 707, Nett Lake; and $39,100 to independent school district 93.16 No. 38, Red Lake. These amounts must be spent only for the 93.17 benefit of American Indian pupils and to meet established state 93.18 educational standards or statewide requirements. 93.19 (e) Before a district or school can receive money under 93.20 this subdivision, the district or school must submit, to the 93.21 commissioner, evidence that it has complied with the uniform 93.22 financial accounting and reporting standards act, Minnesota 93.23 Statutes, sections 121.904 to 121.917. 93.24 Subd. 14. [INDIAN TEACHER PREPARATION GRANTS.] (a) For 93.25 joint grants to assist Indian people to become teachers: 93.26 $190,000 ..... 1996 93.27 $190,000 ..... 1997 93.28 (b) Up to $70,000 each year is for a joint grant to the 93.29 University of Minnesota at Duluth and the Duluth school district. 93.30 (c) Up to $40,000 each year is for a joint grant to each of 93.31 the following: 93.32 (1) Bemidji state university and the Red Lake school 93.33 district; 93.34 (2) Moorhead state university and a school district located 93.35 within the White Earth reservation; and 93.36 (3) Augsburg college, independent school district No. 625, 94.1 St. Paul, and the Minneapolis school district. 94.2 (d) Money not used for students at one location may be 94.3 transferred for use at another location. 94.4 (e) Any balance in the first year does not cancel but is 94.5 available in the second year. 94.6 Subd. 15. [TRIBAL CONTRACT SCHOOLS.] For tribal contract 94.7 school aid according to Minnesota Statutes, section 124.86: 94.8 $238,000 ..... 1996 94.9 $361,000 ..... 1997 94.10 The 1996 appropriation includes $19,000 for 1995 and 94.11 $219,000 for 1996. 94.12 The 1997 appropriation includes $38,000 for 1996 and 94.13 $323,000 for 1997. 94.14 Subd. 16. [EARLY CHILDHOOD PROGRAMS AT TRIBAL 94.15 SCHOOLS.] For early childhood family education programs at 94.16 tribal contract schools: 94.17 $68,000 ..... 1996 94.18 $68,000 ..... 1997 94.19 Subd. 17. [SECONDARY VOCATIONAL EDUCATION AID.] For 94.20 secondary vocational education aid according to Minnesota 94.21 Statutes, section 124.573: 94.22 $11,874,000 ..... 1996 94.23 $11,596,000 ..... 1997 94.24 The 1996 appropriation includes $2,017,000 for 1995 and 94.25 $9,857,000 for 1996. 94.26 The 1997 appropriation includes $1,739,000 for 1996 and 94.27 $9,857,000 for 1997. 94.28 Subd. 18. [ASSURANCE OF MASTERY.] For assurance of mastery 94.29 aid according to Minnesota Statutes, section 124.311: 94.30 $13,534,000 ..... 1996 94.31 $13,751,000 ..... 1997 94.32 The 1996 appropriation includes $1,979,000 for 1995 and 94.33 $11,555,000 for 1996. 94.34 The 1997 appropriation includes $2,039,000 for 1996 and 94.35 $11,712,000 for 1997. 94.36 Subd. 19. [AMERICAN SIGN LANGUAGE; TEACHER EDUCATION 95.1 HEARING.] To assist school districts in educating teachers in 95.2 American sign language: 95.3 $13,000 ..... 1996 95.4 $12,000 ..... 1997 95.5 Any balance in the first year does not cancel but is 95.6 available in the second year. 95.7 Subd. 20. [SCHOOL INTERPRETERS.] For grants for school 95.8 interpreters to upgrade their interpreting/transliterating 95.9 skills and obtain certification: 95.10 $150,000 ..... 1996 95.11 Up to five percent of this amount may be used for 95.12 administration of this program. 95.13 This appropriation is available until June 30, 1997. 95.14 Subd. 21. [MEXICAN ORIGIN EDUCATION GRANTS.] For grants 95.15 for a Mexican origin education pilot grant program: 95.16 $50,000 ..... 1996 95.17 This appropriation is available until June 30, 1997. 95.18 Subd. 22. [LAY ADVOCATES.] To pay or reimburse lay 95.19 advocates for their time and expense as provided in Minnesota 95.20 Statutes, section 120.17: 95.21 $10,000 ..... 1996 95.22 This appropriation is available until June 30, 1997. 95.23 Subd. 23. [PART H.] For the department of education's 95.24 share of the state's obligation under Part H: 95.25 $ -0- ..... 1996 95.26 $400,000 ..... 1997 95.27 This appropriation assumes that the departments of health 95.28 and human services will contribute $1,635,000 for the state 95.29 share of Part H costs. 95.30 Subd. 24. [VOCATIONAL SCHOOL PLANNING.] For staff costs 95.31 and related expenses for the vocational school planning 95.32 committee: 95.33 $100,000 ..... 1996 95.34 Subd. 25. [OPTIONS PLUS.] For Options Plus grants under 95.35 section 40: 95.36 $50,000 ..... 1996 96.1 This appropriation is available until June 30, 1997. 96.2 Recipients are encouraged to use other staff development 96.3 resources if available. 96.4 Sec. 43. [REPEALER.] 96.5 Minnesota Statutes 1994, sections 124.273, subdivisions 1b 96.6 and 2c; 124.32, subdivisions 1b, 1c, 1d, 1f, 2, and 3a; and 96.7 124.574, subdivisions 2b, 3, 4, and 4a, are repealed. 96.8 Sec. 44. [EFFECTIVE DATE.] 96.9 (a) Sections 34 (special education aid), 35 (homestead and 96.10 agricultural credit adjustment), 38 (vocational school 96.11 planning), and 42, subdivision 24 (vocational school planning 96.12 appropriation), are effective the day following final enactment. 96.13 (b) Section 43 (repealer) is effective July 1, 1995. 96.14 ARTICLE 4 96.15 COMMUNITY PROGRAMS 96.16 Section 1. Minnesota Statutes 1994, section 116J.655, is 96.17 amended to read: 96.18 116J.655 [YOUTH ENTREPRENEURSHIP EDUCATION PROGRAM.] 96.19 The commissioner of trade and economic development shall 96.20 establish a youth entrepreneurship education program to improve 96.21 the academic and entrepreneurial skills of students and aid in 96.22 their transition from school to business creation. The program 96.23 shall strengthen local economies by creating jobs that enable 96.24 citizens to remain in their communities and to foster 96.25 cooperation among educators, economic development professionals, 96.26 business leaders, and representatives of labor. Assistance 96.27 under this section shall be available to new or existing 96.28 student-operated or school-operated businesses that have an 96.29 educational purpose, and provide service or products for 96.30 customers or clients who do not attend or work at the sponsoring 96.31 school. The commissioner may require an equal local match for 96.32 assistance under this section up to the maximum grant amount of 96.33 $20,000. 96.34 Sec. 2. Minnesota Statutes 1994, section 121.702, is 96.35 amended by adding a subdivision to read: 96.36 Subd. 10. [COUNCIL.] "Council" means the governor's 97.1 workforce development council. 97.2 Sec. 3. Minnesota Statutes 1994, section 121.705, is 97.3 amended to read: 97.4 121.705 [YOUTH WORKS GRANTS.] 97.5 Subdivision 1. [APPLICATION.] An eligible organization 97.6 interested in receiving a grant under sections 121.704 to 97.7 121.709 may prepare and submit to the commission and beginning 97.8 January 1, 1997, the council an application that complies with 97.9 section 121.706. 97.10 Subd. 2. [GRANT AUTHORITY.] The commission and beginning 97.11 January 1, 1997, the council shall use any state appropriation 97.12 and any available federal funds, including any grant received 97.13 under federal law, to award grants to establish programs for 97.14 youth works meeting the requirements of section 121.706. At 97.15 least one grant each must be available for a metropolitan 97.16 proposal, a rural proposal, and a statewide proposal. If a 97.17 portion of the suburban metropolitan area is not included in the 97.18 metropolitan grant proposal, the statewide grant proposal must 97.19 incorporate at least one suburban metropolitan area. In 97.20 awarding grants, the commission and beginning January 1, 1997 97.21 the council may select at least one residential proposal and one 97.22 nonresidential proposal, provided the proposals meet or exceed 97.23 the criteria in section 121.706. 97.24 Sec. 4. Minnesota Statutes 1994, section 121.706, is 97.25 amended to read: 97.26 121.706 [GRANT APPLICATIONS.] 97.27 Subdivision 1. [APPLICATIONS REQUIRED.] An organization 97.28 seeking federal or state grant money under sections 121.704 to 97.29 121.709 shall prepare and submit to the commission and beginning 97.30 January 1, 1997, the council an application that meets the 97.31 requirements of this section. The commission and beginning 97.32 January 1, 1997, the council shall develop, and the applying 97.33 organizations shall comply with, the form and manner of the 97.34 application. 97.35 Subd. 2. [APPLICATION CONTENT.] An applicant on its 97.36 application shall: 98.1 (1) propose a program to provide participants the 98.2 opportunity to perform community service to meet specific unmet 98.3 community needs, and participate in classroom, work-based, and 98.4 service learning; 98.5 (2) assess the community's unmet educational, human, 98.6 environmental, and public safety needs, the resources and 98.7 programs available for meeting those needs, and how young people 98.8 participated in assessing community needs; 98.9 (3) describe the educational component of the program, 98.10 including classroom hours per week, classroom time for 98.11 participants to reflect on the program experience, and 98.12 anticipated academic outcomes related to the service experience; 98.13 (4) describe the work to be performed, the ratio of youth 98.14 participants to crew leaders and mentors, and the expectations 98.15 and qualifications for crew leaders and mentors; 98.16 (5) describe local funds or resources available to meet the 98.17 match requirements of section 121.709; 98.18 (6) describe any funds available for the program from 98.19 sources other than the requested grant; 98.20 (7) describe any agreements with local businesses to 98.21 provide participants with work-learning opportunities and 98.22 mentors; 98.23 (8) describe any agreement with local post-secondary 98.24 educational institutions to offer participants course credits 98.25 for their community service learning experience; 98.26 (9) describe any agreement with a local high school or an 98.27 alternative learning center to provide remedial education, 98.28 credit for community service work and work-based learning, or 98.29 graduate equivalency degrees; 98.30 (10) describe any pay for service or other program delivery 98.31 mechanism that will provide reimbursement for benefits conferred 98.32 or recover costs of services participants perform; 98.33 (11) describe how local resources will be used to provide 98.34 support and assistance for participants to encourage them to 98.35 continue with the program, fulfill the terms of the contract, 98.36 and remain eligible for any postservice benefit; 99.1 (12) describe the arbitration mechanism for dispute 99.2 resolution required under section 121.707, subdivision 2; 99.3 (13) describe involvement of community leaders in 99.4 developing broad-based support for the program; 99.5 (14) describe the consultation and sign-off process to be 99.6 used with any local labor organization representing employees in 99.7 the area engaged in work similar to that proposed for the 99.8 program to ensure that no current employees or available 99.9 employment positions will be displaced by program participants; 99.10 (15) certify to the commission and beginning January 1, 99.11 1997, the council and to any certified bargaining 99.12 representatives representing employees of the applying 99.13 organization that the project will not decrease employment 99.14 opportunities that would be available without the project; will 99.15 not displace current employees including any partial 99.16 displacement in the form of reduced hours of work other than 99.17 overtime, wages, employment benefits, or regular seasonal work; 99.18 will not impair existing labor agreements; and will not result 99.19 in the substitution of project funding for preexisting funds or 99.20 sources of funds for ongoing work; 99.21 (16) describe the length of the required service period, 99.22 which may not be less than six months or more than two years, a 99.23 method to incorporate a participant's readiness to advance or 99.24 need for postservice financial assistance into individual 99.25 service requirements, and any opportunity for participating part 99.26 time or in another program; 99.27 (17) describe a program evaluation plan that contains 99.28 cost-effectiveness measures, measures of participant success 99.29 including educational accomplishments, job placements, community 99.30 contributions, and ongoing volunteer activities, outcome 99.31 measures based on a preprogram and postprogram survey of 99.32 community rates of arrest, incarceration, teenage pregnancy, and 99.33 other indicators of youth in trouble, and a list of local 99.34 resources dedicated to reducing these rates; 99.35 (18) describe a three-year financial plan for maintaining 99.36 the program;