HF 1015

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; providing for family and early 
  1.3             childhood education, children and family support 
  1.4             programs, prevention, and self-sufficiency and 
  1.5             lifelong learning; providing for kindergarten through 
  1.6             grade 12 general education, education excellence, 
  1.7             special programs, facilities and technology, 
  1.8             libraries; and advisory committees and miscellaneous 
  1.9             kindergarten through grade 12 education provisions; 
  1.10            providing for rulemaking; amending Minnesota Statutes 
  1.11            2000, sections 13.32, subdivision 3; 13.43, by adding 
  1.12            a subdivision; 15.059, subdivision 5a; 16B.616, 
  1.13            subdivision 4; 119A.05, subdivision 2; 119A.43, 
  1.14            subdivision 1; 119B.011, subdivisions 7 and 19; 
  1.15            119B.02, subdivision 1; 120A.22, subdivisions 7, 10, 
  1.16            and 11; 120B.30, subdivision 1; 122A.16; 122A.18, 
  1.17            subdivision 4, and by adding a subdivision; 122A.20, 
  1.18            subdivision 1; 122A.24, subdivision 3; 122A.25, by 
  1.19            adding a subdivision; 122A.31, subdivision 2; 122A.64; 
  1.20            123A.442, subdivision 2; 123B.03, subdivision 1; 
  1.21            123B.143, subdivision 1; 123B.42, subdivision 3; 
  1.22            123B.44, subdivision 6; 123B.57, subdivisions 3 and 6; 
  1.23            123B.71, subdivisions 1, 4, 8, and 9; 123B.75, 
  1.24            subdivision 5, and by adding a subdivision; 124D.03, 
  1.25            subdivision 4; 124D.10, subdivisions 4 and 8; 124D.59, 
  1.26            subdivision 2; 124D.80, subdivisions 1, 2, and 3; 
  1.27            124D.84, subdivision 1; 124D.892, subdivisions 1 and 
  1.28            3; 124D.894; 125A.023, subdivision 4; 125A.027, by 
  1.29            adding a subdivision; 125A.09, subdivision 11; 
  1.30            125A.11, subdivision 3; 125A.27, subdivision 15; 
  1.31            125A.28; 125A.515; 125A.76, subdivisions 1 and 2; 
  1.32            126C.05, subdivision 1; 126C.10, subdivisions 1 and 9; 
  1.33            126C.12, subdivisions 2, 3, 4, 5, and by adding a 
  1.34            subdivision; 126C.17, subdivisions 1, 6, 9, 10, and 
  1.35            11; 126C.23, subdivision 5; 126C.41, subdivision 3; 
  1.36            126C.43, subdivision 3; 127A.30; 127A.41, subdivision 
  1.37            5; 127A.42; 127A.50, subdivision 2; 134.31, 
  1.38            subdivision 5; 179A.20, subdivision 3; and 626.556, 
  1.39            subdivisions 2, 3, 4, 7, 10, 10b, 10d, 10e, 10i, 10j, 
  1.40            and 11; Laws 1992, chapter 499, article 7, section 31, 
  1.41            as amended; Laws 2000, chapter 489, article 2, section 
  1.42            39, subdivision 2; article 3, section 25, subdivision 
  1.43            5; repealing Minnesota Statutes 2000, sections 
  1.44            123B.71, subdivisions 3 and 10; 124D.07; 126C.01, 
  1.45            subdivision 10; 126C.10, subdivisions 12 and 23; 
  1.46            126C.16, subdivision 2; 126C.17, subdivision 12; 
  2.1             126C.18; 126C.22; 126C.30; 126C.31; 126C.32; 126C.33; 
  2.2             126C.34; 126C.35; 126C.36; 126C.42, subdivisions 2 and 
  2.3             3; 126C.47; 127A.44; Minnesota Rules, parts 3501.0280, 
  2.4             subpart 3; 3530.2610; 3530.2612; 3530.2614; 3530.2616; 
  2.5             3530.2618; 3530.2620; 3530.2622; 3530.2624; 3530.2626; 
  2.6             3530.2628; 3530.2630; 3530.2632; 3530.2634; 3530.2636; 
  2.7             3530.2638; 3530.2640; 3530.2642; and 3530.2644. 
  2.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.9                              ARTICLE 1 
  2.10                      EARLY CHILDREN PROGRAMS
  2.11     Section 1.  Minnesota Statutes 2000, section 119A.05, 
  2.12  subdivision 2, is amended to read: 
  2.13     Subd. 2.  [ACCOUNT.] A consolidated funding account is 
  2.14  established under the control of the commissioner of children, 
  2.15  families, and learning.  The purpose of this account is to 
  2.16  clearly identify and provide accountability for funds previously 
  2.17  distributed to local grantees through the individual categorical 
  2.18  grant programs in subdivision 5.  By direction of the 
  2.19  commissioner, after consultation with the partnership planning 
  2.20  team and, upon a finding that the conditions specified in this 
  2.21  section have been satisfied, the commissioner shall direct that 
  2.22  funds must be transmitted to this account and allocated to local 
  2.23  grantees by the commissioner. 
  2.24     Sec. 2.  Minnesota Statutes 2000, section 119B.011, 
  2.25  subdivision 7, is amended to read: 
  2.26     Subd. 7.  [CHILD CARE SERVICES.] "Child care services" 
  2.27  means child care as defined under subdivision 5, provided in 
  2.28  family day care homes, group day care homes, nursery schools, 
  2.29  day nurseries, child day care centers, head start, and extended 
  2.30  day school age child care programs in or out of the child's home.
  2.31     Sec. 3.  Minnesota Statutes 2000, section 119B.011, 
  2.32  subdivision 19, is amended to read: 
  2.33     Subd. 19.  [PROVIDER.] "Provider" means a child care 
  2.34  license holder who operates a family child care home, a group 
  2.35  family child care home, a child care center, a nursery school, a 
  2.36  day nursery, a school age care program; a license-exempt school 
  2.37  age care program operating under the auspices of a local school 
  2.38  board or a park or recreation board of a city of the first class 
  2.39  that has adopted school age care guidelines which meet or exceed 
  3.1   guidelines recommended by the department, or a nonlicensed an 
  3.2   individual or child care center or facility either licensed or 
  3.3   unlicensed providing legal child care services as defined under 
  3.4   section 245A.03.  A legally unlicensed registered family child 
  3.5   care provider who is must be at least 18 years of age, and who 
  3.6   is not a member of the MFIP assistance unit or a member of the 
  3.7   family receiving child care assistance under this chapter.  
  3.8      Sec. 4.  Minnesota Statutes 2000, section 119B.02, 
  3.9   subdivision 1, is amended to read: 
  3.10     Subdivision 1.  [CHILD CARE SERVICES.] The commissioner 
  3.11  shall develop standards for county and human services boards to 
  3.12  provide child care services to enable eligible families to 
  3.13  participate in employment, training, or education programs.  
  3.14  Within the limits of available appropriations, the commissioner 
  3.15  shall distribute money to counties to reduce the costs of child 
  3.16  care for eligible families.  The commissioner shall adopt rules 
  3.17  to govern the program in accordance with this section.  The 
  3.18  rules must establish a sliding schedule of fees for parents 
  3.19  receiving child care services.  The rules shall provide that 
  3.20  funds received as a lump sum payment of child support arrearages 
  3.21  shall not be counted as income to a family in the month received 
  3.22  but shall be prorated over the 12 months following receipt and 
  3.23  added to the family income during those months.  In the rules 
  3.24  adopted under this section, county and human services boards 
  3.25  shall be authorized to establish policies for payment of child 
  3.26  care spaces for absent children, when the payment is required by 
  3.27  the child's regular provider.  The rules shall not set a maximum 
  3.28  number of days for which absence payments can be made, but 
  3.29  instead shall direct the county agency to set limits and pay for 
  3.30  absences according to the prevailing market practice in the 
  3.31  county.  County policies for payment of absences shall be 
  3.32  subject to the approval of the commissioner.  The commissioner 
  3.33  shall maximize the use of federal money under title I and title 
  3.34  IV of Public Law Number 104-193, the Personal Responsibility and 
  3.35  Work Opportunity Reconciliation Act of 1996, and other programs 
  3.36  that provide federal or state reimbursement for child care 
  4.1   services for low-income families who are in education, training, 
  4.2   job search, or other activities allowed under those programs.  
  4.3   Money appropriated under this section must be coordinated with 
  4.4   the programs that provide federal reimbursement for child care 
  4.5   services to accomplish this purpose.  Federal reimbursement 
  4.6   obtained must be allocated to the county that spent money for 
  4.7   child care that is federally reimbursable under programs that 
  4.8   provide federal reimbursement for child care services.  The 
  4.9   counties shall use the federal money to expand child care 
  4.10  services.  The commissioner may adopt rules under chapter 14 to 
  4.11  implement and coordinate federal program requirements. 
  4.12     Sec. 5.  Minnesota Statutes 2000, section 125A.28, is 
  4.13  amended to read: 
  4.14     125A.28 [STATE INTERAGENCY COORDINATING COUNCIL.] 
  4.15     An interagency coordinating council of at least 17, but not 
  4.16  more than 25 members is established, in compliance with Public 
  4.17  Law Number 102-119, section 682.  The members must be appointed 
  4.18  by the governor.  Council members must elect the council chair.  
  4.19  The representative of the commissioner may not serve as the 
  4.20  chair.  The council must be composed of at least five parents, 
  4.21  including persons of color, of children with disabilities under 
  4.22  age 12, including at least three parents of a child with a 
  4.23  disability under age seven, five representatives of public or 
  4.24  private providers of services for children with disabilities 
  4.25  under age five, including a special education director, county 
  4.26  social service director, local Head Start director, and a 
  4.27  community health services or public health nursing 
  4.28  administrator, one member of the senate, one member of the house 
  4.29  of representatives, one representative of teacher preparation 
  4.30  programs in early childhood-special education or other 
  4.31  preparation programs in early childhood intervention, at least 
  4.32  one representative of advocacy organizations for children with 
  4.33  disabilities under age five, one physician who cares for young 
  4.34  children with special health care needs, one representative each 
  4.35  from the commissioners of commerce, children, families, and 
  4.36  learning, health, human services, a representative from the 
  5.1   state agency responsible for child care, and a representative 
  5.2   from Indian health services or a tribal council.  Section 
  5.3   15.059, subdivisions 2 to 5, apply to the council.  The council 
  5.4   must meet at least quarterly.  
  5.5      The council must address methods of implementing the state 
  5.6   policy of developing and implementing comprehensive, 
  5.7   coordinated, multidisciplinary interagency programs of early 
  5.8   intervention services for children with disabilities and their 
  5.9   families. 
  5.10     The duties of the council include recommending policies to 
  5.11  ensure a comprehensive and coordinated system of all state and 
  5.12  local agency services for children under age five with 
  5.13  disabilities and their families.  The policies must address how 
  5.14  to incorporate each agency's services into a unified state and 
  5.15  local system of multidisciplinary assessment practices, 
  5.16  individual intervention plans, comprehensive systems to find 
  5.17  children in need of services, methods to improve public 
  5.18  awareness, and assistance in determining the role of interagency 
  5.19  early intervention committees.  
  5.20     By June September 1, the council must recommend to the 
  5.21  governor and the commissioners of children, families, and 
  5.22  learning, health, human services, commerce, and economic 
  5.23  security policies for a comprehensive and coordinated system. 
  5.24     Notwithstanding any other law to the contrary, the state 
  5.25  interagency coordinating council expires on June 30, 2001 2003.  
  5.26                             ARTICLE 2 
  5.27               SELF-SUFFICIENCY AND LIFELONG LEARNING 
  5.28     Section 1.  Minnesota Statutes 2000, section 119A.43, 
  5.29  subdivision 1, is amended to read: 
  5.30     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  5.31  subdivision apply to this section. 
  5.32     (b) "Transitional housing" means housing designed for 
  5.33  independent living and provided to a homeless person or family 
  5.34  at a rental rate of at least 25 percent of the family 
  5.35  income and, for 50 percent of program participants, the length 
  5.36  of stay is limited to a period of up to 24 months.  If a 
  6.1   transitional housing program is associated with a licensed 
  6.2   facility or shelter, it must be located in a separate facility 
  6.3   or a specified section of the main facility where residents can 
  6.4   be responsible for their own meals and other daily needs.  
  6.5      (c) "Support services" means an assessment service that 
  6.6   identifies the needs of individuals for independent living and 
  6.7   arranges or provides for the appropriate educational, social, 
  6.8   legal, advocacy, child care, employment, financial, health care, 
  6.9   or information and referral services to meet these needs. 
  6.10                             ARTICLE 3 
  6.11                         GENERAL EDUCATION 
  6.12     Section 1.  Minnesota Statutes 2000, section 123B.143, 
  6.13  subdivision 1, is amended to read: 
  6.14     Subdivision 1.  [CONTRACT; DUTIES.] All districts 
  6.15  maintaining a classified secondary school must employ a 
  6.16  superintendent who shall be an ex officio nonvoting member of 
  6.17  the school board.  The authority for selection and employment of 
  6.18  a superintendent must be vested in the board in all cases.  An 
  6.19  individual employed by a board as a superintendent shall have an 
  6.20  initial employment contract for a period of time no longer than 
  6.21  three years from the date of employment.  Any subsequent 
  6.22  employment contract must not exceed a period of three years.  A 
  6.23  board, at its discretion, may or may not renew an employment 
  6.24  contract.  A board must not, by action or inaction, extend the 
  6.25  duration of an existing employment contract.  Beginning 365 days 
  6.26  prior to the expiration date of an existing employment contract, 
  6.27  a board may negotiate and enter into a subsequent employment 
  6.28  contract to take effect upon the expiration of the existing 
  6.29  contract.  A subsequent contract must be contingent upon the 
  6.30  employee completing the terms of an existing contract.  If a 
  6.31  contract between a board and a superintendent is terminated 
  6.32  prior to the date specified in the contract, the board may not 
  6.33  enter into another superintendent contract with that same 
  6.34  individual that has a term that extends beyond the date 
  6.35  specified in the terminated contract.  A board may terminate a 
  6.36  superintendent during the term of an employment contract for any 
  7.1   of the grounds specified in section 122A.40, subdivision 9 or 13.
  7.2   A superintendent shall not rely upon an employment contract with 
  7.3   a board to assert any other continuing contract rights in the 
  7.4   position of superintendent under section 122A.40.  
  7.5   Notwithstanding the provisions of sections 122A.40, subdivision 
  7.6   10 or 11, 123A.32, 123A.75, or any other law to the contrary, no 
  7.7   individual shall have a right to employment as a superintendent 
  7.8   based on order of employment in any district.  If two or more 
  7.9   districts enter into an agreement for the purchase or sharing of 
  7.10  the services of a superintendent, the contracting districts have 
  7.11  the absolute right to select one of the individuals employed to 
  7.12  serve as superintendent in one of the contracting districts and 
  7.13  no individual has a right to employment as the superintendent to 
  7.14  provide all or part of the services based on order of employment 
  7.15  in a contracting district. The superintendent of a district 
  7.16  shall perform the following:  
  7.17     (1) visit and supervise the schools in the district, report 
  7.18  and make recommendations about their condition when advisable or 
  7.19  on request by the board; 
  7.20     (2) recommend to the board employment and dismissal of 
  7.21  teachers; 
  7.22     (3) superintend school grading practices and examinations 
  7.23  for promotions; 
  7.24     (4) make reports required by the commissioner; 
  7.25     (5) by January 10, submit an annual report to the 
  7.26  commissioner in a manner prescribed by the commissioner, in 
  7.27  consultation with school districts, identifying the expenditures 
  7.28  that the district requires to ensure an 80 percent and a 90 
  7.29  percent student passage rate on the basic standards test taken 
  7.30  in the eighth grade, identifying the highest student passage 
  7.31  rate the district expects it will be able to attain on the basic 
  7.32  standards test by grade 12, the amount of expenditures that the 
  7.33  district requires to ensure a 99 percent attain the targeted 
  7.34  student passage rate on the basic standards test by 12th grade, 
  7.35  and how much the district is cross-subsidizing programs with 
  7.36  special education, basic skills, and general education revenue; 
  8.1   and 
  8.2      (6) perform other duties prescribed by the board. 
  8.3      Sec. 2.  Minnesota Statutes 2000, section 123B.42, 
  8.4   subdivision 3, is amended to read: 
  8.5      Subd. 3.  [COST; LIMITATION.] (a) The cost per pupil of the 
  8.6   textbooks, individualized instructional or cooperative learning 
  8.7   materials, and standardized tests provided for in this section 
  8.8   for each school year must not exceed the statewide average 
  8.9   expenditure per pupil, adjusted pursuant to clause (b), by the 
  8.10  Minnesota public elementary and secondary schools for textbooks, 
  8.11  individualized instructional materials and standardized tests as 
  8.12  computed and established by the department by March February 1 
  8.13  of the preceding school year from the most recent public school 
  8.14  year data then available. 
  8.15     (b) The cost computed in clause (a) shall be increased by 
  8.16  an inflation adjustment equal to the percent of increase in the 
  8.17  formula allowance, pursuant to section 126C.10, subdivision 2, 
  8.18  from the second preceding school year to the current school year.
  8.19     (c) The commissioner shall allot to the districts or 
  8.20  intermediary service areas the total cost for each school year 
  8.21  of providing or loaning the textbooks, individualized 
  8.22  instructional or cooperative learning materials, and 
  8.23  standardized tests for the pupils in each nonpublic school.  The 
  8.24  allotment shall not exceed the product of the statewide average 
  8.25  expenditure per pupil, according to clause (a), adjusted 
  8.26  pursuant to clause (b), multiplied by the number of nonpublic 
  8.27  school pupils who make requests pursuant to this section and who 
  8.28  are enrolled as of September 15 of the current school year. 
  8.29     Sec. 3.  Minnesota Statutes 2000, section 123B.44, 
  8.30  subdivision 6, is amended to read: 
  8.31     Subd. 6.  [COMPUTATION OF MAXIMUM ALLOTMENTS.] For purposes 
  8.32  of computing maximum allotments for each school year pursuant to 
  8.33  this section, the average public school expenditure per pupil 
  8.34  for health services and the average public school expenditure 
  8.35  per secondary pupil for guidance and counseling services shall 
  8.36  be computed and established by the department by March February 
  9.1   1 of the preceding school year from the most recent public 
  9.2   school year data then available. 
  9.3      Sec. 4.  Minnesota Statutes 2000, section 123B.75, 
  9.4   subdivision 5, is amended to read: 
  9.5      Subd. 5.  [LEVY RECOGNITION.] (a) "School district tax 
  9.6   settlement revenue" means the current, delinquent, and 
  9.7   manufactured home property tax receipts collected by the county 
  9.8   and distributed to the school district. 
  9.9      (b) In June of each year 2001, the school district must 
  9.10  recognize as revenue, in the fund for which the levy was made, 
  9.11  the lesser of:  
  9.12     (1) the sum of May, June, and July school district tax 
  9.13  settlement revenue received in that calendar year plus general 
  9.14  education aid according to section 126C.13, subdivision 4, 
  9.15  received in July and August of that calendar year; or 
  9.16     (2) the sum of: 
  9.17     (i) 31 percent of the referendum levy certified in the 
  9.18  prior calendar year according to section 126C.17, subdivision 9; 
  9.19  plus 
  9.20     (ii) the entire amount of the levy certified in the prior 
  9.21  calendar year according to sections 124D.86, subdivision 4, for 
  9.22  school districts receiving revenue under 124D.86, subdivision 3, 
  9.23  clauses (1), (2), and (3); 126C.41, subdivisions 1, 2, and 3, 
  9.24  paragraphs (4), (5), and (6); 126C.43, subdivision 2; and 
  9.25  126C.48, subdivision 6.  
  9.26     (c) For fiscal year 2002 and later years, in June of each 
  9.27  year, the school district must recognize as revenue, in the fund 
  9.28  for which the levy was made, the lesser of: 
  9.29     (1) the sum of May, June, and July school district tax 
  9.30  settlement revenue received in that calendar year, plus general 
  9.31  education aid according to section 126C.13, subdivision 4, 
  9.32  received in July and August of that calendar year; or 
  9.33     (2) the sum of: 
  9.34     (i) the lesser of 50 percent of the referendum levy 
  9.35  certified in the prior calendar year according to section 
  9.36  126C.17, subdivision 9; or 31 percent of the referendum levy 
 10.1   certified according to section 126C.17, in calendar year 2000; 
 10.2   plus 
 10.3      (ii) the entire amount of the levy certified in the prior 
 10.4   calendar year according to sections 124D.86, subdivision 4, for 
 10.5   school districts receiving revenue under sections 124D.86, 
 10.6   subdivision 3, clauses (1), (2), and (3); 126C.41, subdivisions 
 10.7   1, 2, and 3, paragraphs (4), (5), and (6); 126C.43, subdivision 
 10.8   2; and 126C.48, subdivision 6. 
 10.9      [EFFECTIVE DATE.] This section is effective June 30, 2001. 
 10.10     Sec. 5.  Minnesota Statutes 2000, section 123B.75, is 
 10.11  amended by adding a subdivision to read: 
 10.12     Subd. 6b.  [GENERAL EDUCATION AID.] If the amount to be 
 10.13  recognized as revenue under subdivision 5 exceeds the May, June, 
 10.14  and July school district tax settlement revenue received in that 
 10.15  calendar year, the district must recognize an amount of general 
 10.16  education aid equal to the difference between the total amount 
 10.17  to be recognized as revenue under subdivision 5, and the May, 
 10.18  June, and July school district tax settlement revenue received 
 10.19  in that calendar year as revenue in the previous fiscal year. 
 10.20     [EFFECTIVE DATE.] This section is effective June 30, 2001. 
 10.21     Sec. 6.  Minnesota Statutes 2000, section 126C.05, 
 10.22  subdivision 1, is amended to read: 
 10.23     Subdivision 1.  [PUPIL UNIT.] Pupil units for each 
 10.24  Minnesota resident pupil in average daily membership enrolled in 
 10.25  the district of residence, in another district under sections 
 10.26  123A.05 to 123A.08, 124D.03, 124D.06, 124D.07, 124D.08, or 
 10.27  124D.68; in a charter school under section 124D.10; or for whom 
 10.28  the resident district pays tuition under section 123A.18, 
 10.29  123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88, 
 10.30  subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or 
 10.31  125A.65, shall be counted according to this subdivision.  
 10.32     (a) A prekindergarten pupil with a disability who is 
 10.33  enrolled in a program approved by the commissioner and has an 
 10.34  individual education plan is counted as the ratio of the number 
 10.35  of hours of assessment and education service to 825 times 1.25 
 10.36  with a minimum average daily membership of 0.28, but not more 
 11.1   than 1.25 pupil units. 
 11.2      (b) A prekindergarten pupil who is assessed but determined 
 11.3   not to be handicapped is counted as the ratio of the number of 
 11.4   hours of assessment service to 825 times 1.25.  
 11.5      (c) A kindergarten pupil with a disability who is enrolled 
 11.6   in a program approved by the commissioner is counted as the 
 11.7   ratio of the number of hours of assessment and education 
 11.8   services required in the fiscal year by the pupil's individual 
 11.9   education program plan to 875, but not more than one. 
 11.10     (d) A kindergarten pupil who is not included in paragraph 
 11.11  (c) is counted as .557 of a pupil unit for fiscal year 2000 and 
 11.12  thereafter. 
 11.13     (e) A pupil who is in any of grades 1 to 3 is counted as 
 11.14  1.115 pupil units for fiscal year 2000 and thereafter. 
 11.15     (f) A pupil who is any of grades 4 to 6 is counted as 1.06 
 11.16  pupil units for fiscal year 1995 and thereafter. 
 11.17     (g) A pupil who is in any of grades 7 to 12 is counted as 
 11.18  1.3 pupil units.  
 11.19     (h) A pupil who is in the post-secondary enrollment options 
 11.20  program is counted as 1.3 pupil units.  
 11.21     Sec. 7.  Minnesota Statutes 2000, section 126C.10, 
 11.22  subdivision 1, is amended to read: 
 11.23     Subdivision 1.  [GENERAL EDUCATION REVENUE.] For fiscal 
 11.24  year 2000 and thereafter, the general education revenue for each 
 11.25  district equals the sum of the district's basic revenue, basic 
 11.26  skills revenue, training and experience revenue, secondary 
 11.27  sparsity revenue, elementary sparsity revenue, transportation 
 11.28  sparsity revenue, total operating capital revenue, equity 
 11.29  revenue, referendum offset adjustment, transition revenue, and 
 11.30  supplemental revenue. 
 11.31     [EFFECTIVE DATE.] This section is effective for revenue for 
 11.32  fiscal year 2002. 
 11.33     Sec. 8.  Minnesota Statutes 2000, section 126C.10, 
 11.34  subdivision 9, is amended to read: 
 11.35     Subd. 9.  [SUPPLEMENTAL REVENUE.] (a) A district's 
 11.36  supplemental revenue allowance for fiscal year 1994 2002 and 
 12.1   later fiscal years equals the district's supplemental 
 12.2   revenue allowance for fiscal year 1993 divided by the district's 
 12.3   1992-1993 resident pupil units 2001. 
 12.4      (b) A district's supplemental revenue allowance is reduced 
 12.5   for fiscal year 1995 and later according to subdivision 12. 
 12.6      (c) A district's supplemental revenue equals the 
 12.7   supplemental revenue allowance, if any, times its adjusted 
 12.8   marginal cost pupil units for that year.  
 12.9      (d) A district may cancel its supplemental revenue by 
 12.10  notifying the commissioner of education prior to June 30, 1994.  
 12.11  A district that is reorganizing under section 123A.35, 123A.46, 
 12.12  or 123A.48 may cancel its supplemental revenue by notifying the 
 12.13  commissioner of children, families, and learning before July 1 
 12.14  of the year of the reorganization.  If a district cancels its 
 12.15  supplemental revenue according to this paragraph, its 
 12.16  supplemental revenue allowance for fiscal year 1993 for purposes 
 12.17  of subdivision 12 and section 124A.03, subdivision 3b, equals 
 12.18  zero. 
 12.19     [EFFECTIVE DATE.] This section is effective for revenue for 
 12.20  fiscal year 2002. 
 12.21     Sec. 9.  Minnesota Statutes 2000, section 126C.17, 
 12.22  subdivision 1, is amended to read: 
 12.23     Subdivision 1.  [REFERENDUM ALLOWANCE.] A district's 
 12.24  referendum revenue allowance equals the referendum revenue 
 12.25  authority for that year divided by its resident marginal cost 
 12.26  pupil units for that school year sum of the allowance under 
 12.27  section 126C.16, subdivision 2, plus any additional allowance 
 12.28  per resident marginal cost pupil unit authorized under 
 12.29  subdivision 9 for fiscal year 2002 and later. 
 12.30     [EFFECTIVE DATE.] This section is effective for revenue for 
 12.31  fiscal year 2002. 
 12.32     Sec. 10.  Minnesota Statutes 2000, section 126C.17, 
 12.33  subdivision 6, is amended to read: 
 12.34     Subd. 6.  [REFERENDUM EQUALIZATION LEVY.] (a) A district's 
 12.35  referendum equalization levy for a referendum levied against the 
 12.36  referendum market value of all taxable property as defined in 
 13.1   section 126C.01, subdivision 3, equals the district's referendum 
 13.2   equalization revenue times the lesser of one or the ratio of the 
 13.3   district's referendum market value per resident marginal cost 
 13.4   pupil unit to $476,000. 
 13.5      (b) A district's referendum equalization levy for a 
 13.6   referendum levied against the net tax capacity of all taxable 
 13.7   property equals the district's referendum equalization revenue 
 13.8   times the lesser of one or the ratio of the district's adjusted 
 13.9   net tax capacity per resident marginal cost pupil unit to $8,404.
 13.10     [EFFECTIVE DATE.] This section is effective for revenue for 
 13.11  fiscal year 2002. 
 13.12     Sec. 11.  Minnesota Statutes 2000, section 126C.17, 
 13.13  subdivision 9, is amended to read: 
 13.14     Subd. 9.  [REFERENDUM REVENUE.] (a) The revenue authorized 
 13.15  by section 126C.10, subdivision 1, may be increased in the 
 13.16  amount approved by the voters of the district at a referendum 
 13.17  called for the purpose.  The referendum may be called by the 
 13.18  board or shall be called by the board upon written petition of 
 13.19  qualified voters of the district.  The referendum must be 
 13.20  conducted one or two calendar years before the increased levy 
 13.21  authority, if approved, first becomes payable.  Only one 
 13.22  election to approve an increase may be held in a calendar year.  
 13.23  Unless the referendum is conducted by mail under paragraph (g), 
 13.24  the referendum must be held on the first Tuesday after the first 
 13.25  Monday in November.  The ballot must state the maximum amount of 
 13.26  the increased revenue per resident marginal cost pupil unit, the 
 13.27  estimated referendum tax rate as a percentage of referendum 
 13.28  market value in the first year it is to be levied, and that the 
 13.29  revenue must be used to finance school operations.  The ballot 
 13.30  may state a schedule, determined by the board, of increased 
 13.31  revenue per resident marginal cost pupil unit that differs from 
 13.32  year to year over the number of years for which the increased 
 13.33  revenue is authorized.  If the ballot contains a schedule 
 13.34  showing different amounts, it must also indicate the estimated 
 13.35  referendum tax rate as a percent of referendum market value for 
 13.36  the amount specified for the first year and for the maximum 
 14.1   amount specified in the schedule.  The ballot may state that 
 14.2   existing referendum levy authority is expiring.  In this case, 
 14.3   the ballot may also compare the proposed levy authority to the 
 14.4   existing expiring levy authority, and express the proposed 
 14.5   increase as the amount, if any, over the expiring referendum 
 14.6   levy authority.  The ballot must designate the specific number 
 14.7   of years, not to exceed ten, for which the referendum 
 14.8   authorization applies.  The notice required under section 275.60 
 14.9   may be modified to read, in cases of renewing existing levies: 
 14.10     "BY VOTING "YES" ON THIS BALLOT QUESTION, YOU MAY BE VOTING 
 14.11     FOR A PROPERTY TAX INCREASE." 
 14.12     The ballot may contain a textual portion with the 
 14.13  information required in this subdivision and a question stating 
 14.14  substantially the following:  
 14.15     "Shall the increase in the revenue proposed by (petition 
 14.16  to) the board of ........., School District No. .., be approved?"
 14.17     If approved, an amount equal to the approved revenue per 
 14.18  resident marginal cost pupil unit times the resident marginal 
 14.19  cost pupil units for the school year beginning in the year after 
 14.20  the levy is certified shall be authorized for certification for 
 14.21  the number of years approved, if applicable, or until revoked or 
 14.22  reduced by the voters of the district at a subsequent referendum.
 14.23     (b) The board must prepare and deliver by first class mail 
 14.24  at least 15 days but no more than 30 days before the day of the 
 14.25  referendum to each taxpayer a notice of the referendum and the 
 14.26  proposed revenue increase.  The board need not mail more than 
 14.27  one notice to any taxpayer.  For the purpose of giving mailed 
 14.28  notice under this subdivision, owners must be those shown to be 
 14.29  owners on the records of the county auditor or, in any county 
 14.30  where tax statements are mailed by the county treasurer, on the 
 14.31  records of the county treasurer.  Every property owner whose 
 14.32  name does not appear on the records of the county auditor or the 
 14.33  county treasurer is deemed to have waived this mailed notice 
 14.34  unless the owner has requested in writing that the county 
 14.35  auditor or county treasurer, as the case may be, include the 
 14.36  name on the records for this purpose.  The notice must project 
 15.1   the anticipated amount of tax increase in annual dollars and 
 15.2   annual percentage for typical residential homesteads, 
 15.3   agricultural homesteads, apartments, and commercial-industrial 
 15.4   property within the school district. 
 15.5      The notice for a referendum may state that an existing 
 15.6   referendum levy is expiring and project the anticipated amount 
 15.7   of increase over the existing referendum levy in the first year, 
 15.8   if any, in annual dollars and annual percentage for typical 
 15.9   residential homesteads, agricultural homesteads, apartments, and 
 15.10  commercial-industrial property within the district. 
 15.11     The notice must include the following statement:  "Passage 
 15.12  of this referendum will result in an increase in your property 
 15.13  taxes."  However, in cases of renewing existing levies, the 
 15.14  notice may include the following statement:  "Passage of this 
 15.15  referendum may result in an increase in your property taxes." 
 15.16     (c) A referendum on the question of revoking or reducing 
 15.17  the increased revenue amount authorized pursuant to paragraph 
 15.18  (a) may be called by the board and shall be called by the board 
 15.19  upon the written petition of qualified voters of the district.  
 15.20  A referendum to revoke or reduce the levy amount must be based 
 15.21  upon the dollar amount, local tax rate, or amount per resident 
 15.22  marginal cost pupil unit, that was stated to be the basis for 
 15.23  the initial authorization.  Revenue approved by the voters of 
 15.24  the district pursuant to paragraph (a) must be received at least 
 15.25  once before it is subject to a referendum on its revocation or 
 15.26  reduction for subsequent years.  Only one revocation or 
 15.27  reduction referendum may be held to revoke or reduce referendum 
 15.28  revenue for any specific year and for years thereafter. 
 15.29     (d) A petition authorized by paragraph (a) or (c) is 
 15.30  effective if signed by a number of qualified voters in excess of 
 15.31  15 percent of the registered voters of the district on the day 
 15.32  the petition is filed with the board.  A referendum invoked by 
 15.33  petition must be held on the date specified in paragraph (a). 
 15.34     (e) The approval of 50 percent plus one of those voting on 
 15.35  the question is required to pass a referendum authorized by this 
 15.36  subdivision. 
 16.1      (f) At least 15 days before the day of the referendum, the 
 16.2   district must submit a copy of the notice required under 
 16.3   paragraph (b) to the commissioner and to the county auditor of 
 16.4   each county in which the district is located.  Within 15 days 
 16.5   after the results of the referendum have been certified by the 
 16.6   board, or in the case of a recount, the certification of the 
 16.7   results of the recount by the canvassing board, the district 
 16.8   must notify the commissioner of the results of the referendum. 
 16.9      (g) Except for a referendum held under subdivision 11, any 
 16.10  referendum under this section held on a day other than the first 
 16.11  Tuesday after the first Monday in November must be conducted by 
 16.12  mail in accordance with section 204B.46.  Notwithstanding 
 16.13  paragraph (b) to the contrary, in the case of a referendum 
 16.14  conducted by mail under this paragraph, the notice required by 
 16.15  paragraph (b) must be prepared and delivered by first class mail 
 16.16  at least 20 days before the referendum. 
 16.17     Sec. 12.  Minnesota Statutes 2000, section 126C.17, 
 16.18  subdivision 10, is amended to read: 
 16.19     Subd. 10.  [SCHOOL REFERENDUM LEVY; MARKET VALUE.] 
 16.20  Notwithstanding the provisions of subdivision 9, A school 
 16.21  referendum levy approved after November 1, 1992, for taxes 
 16.22  payable in 1993 and thereafter, must be levied against the 
 16.23  referendum market value of all taxable property as defined in 
 16.24  section 126C.01, subdivision 3.  Any referendum levy amount 
 16.25  subject to the requirements of this subdivision must be 
 16.26  certified separately to the county auditor under section 275.07. 
 16.27     All other provisions of subdivision 9 that do not conflict 
 16.28  with this subdivision apply to referendum levies under this 
 16.29  subdivision.  
 16.30     [EFFECTIVE DATE.] This section is effective for revenue for 
 16.31  fiscal year 2002. 
 16.32     Sec. 13.  Minnesota Statutes 2000, section 126C.17, 
 16.33  subdivision 11, is amended to read: 
 16.34     Subd. 11.  [REFERENDUM DATE.] (a) Except for a referendum 
 16.35  held under paragraph (b), any referendum under this section held 
 16.36  on a day other than the first Tuesday after the first Monday in 
 17.1   November must be conducted by mail in accordance with section 
 17.2   204B.46.  Notwithstanding subdivision 9, paragraph (b), to the 
 17.3   contrary, in the case of a referendum conducted by mail under 
 17.4   this paragraph, the notice required by subdivision 9, paragraph 
 17.5   (b), must be prepared and delivered by first-class mail at least 
 17.6   20 days before the referendum. 
 17.7      (b) In addition to the referenda allowed in subdivision 9, 
 17.8   clause (a), the commissioner may authorize a referendum for a 
 17.9   different day.  
 17.10     (a) The commissioner may grant authority to a district to 
 17.11  hold a referendum on a different day if the district is in 
 17.12  statutory operating debt and has an approved plan or has 
 17.13  received an extension from the department to file a plan to 
 17.14  eliminate the statutory operating debt.  
 17.15     (b) The commissioner may grant authority for a district to 
 17.16  hold a referendum on a different day if:  (1) the district will 
 17.17  conduct a bond election under chapter 475 on that same day; and 
 17.18  (2) the proceeds of the referendum will provide only additional 
 17.19  operating revenue complementing the purpose for which bonding 
 17.20  authority is sought.  The commissioner may only grant authority 
 17.21  under this paragraph if the district demonstrates to the 
 17.22  commissioner's satisfaction that the district's ability to 
 17.23  operate the new facility or achieve efficiencies with the 
 17.24  purchases connected to the proceeds of the bond sale will be 
 17.25  significantly affected if the operating referendum is not 
 17.26  conducted until the November general election.  Authority under 
 17.27  this paragraph expires November 30, 1998. 
 17.28     (c) The commissioner must approve, deny, or modify each 
 17.29  district's request for a referendum levy on a different day 
 17.30  within 60 days of receiving the request from a district. 
 17.31     Sec. 14.  Minnesota Statutes 2000, section 126C.23, 
 17.32  subdivision 5, is amended to read: 
 17.33     Subd. 5.  [DATA REPORTING.] Each district must report to 
 17.34  the commissioner the estimated amount of general education and 
 17.35  referendum initially allocated to each building under 
 17.36  subdivision 2 and the amount of any reallocations under 
 18.1   subdivision 3 by January 30 of the current fiscal year, and the 
 18.2   actual amount of general education and referendum revenue 
 18.3   initially allocated to each building under subdivision 2 and the 
 18.4   amount of any reallocations under subdivision 3 by January 30 of 
 18.5   the next fiscal year. 
 18.6      Sec. 15.  Minnesota Statutes 2000, section 126C.41, 
 18.7   subdivision 3, is amended to read: 
 18.8      Subd. 3.  [RETIREMENT LEVIES.] (1) In addition to the 
 18.9   excess levy authorized in 1976 any district within a city of the 
 18.10  first class which was authorized in 1975 to make a retirement 
 18.11  levy under Minnesota Statutes 1974, section 275.127 and chapter 
 18.12  422A may levy an amount per pupil unit which is equal to the 
 18.13  amount levied in 1975 payable 1976, under Minnesota Statutes 
 18.14  1974, section 275.127 and chapter 422A, divided by the number of 
 18.15  pupil units in the district in 1976-1977. 
 18.16     (2) In 1979 and each year thereafter, any district which 
 18.17  qualified in 1976 for an extra levy under paragraph (1) shall be 
 18.18  allowed to levy the same amount as levied for retirement in 1978 
 18.19  under this clause reduced each year by ten percent of the 
 18.20  difference between the amount levied for retirement in 1971 
 18.21  under Minnesota Statutes 1971, sections 275.127 and 422.01 to 
 18.22  422.54 and the amount levied for retirement in 1975 under 
 18.23  Minnesota Statutes 1974, section 275.127 and chapter 422A. 
 18.24     (3) (a) In 1991 and each year thereafter, a district to 
 18.25  which this subdivision applies may levy an additional amount 
 18.26  required for contributions to the Minneapolis employees 
 18.27  retirement fund as a result of the maximum dollar amount 
 18.28  limitation on state contributions to the fund imposed under 
 18.29  section 422A.101, subdivision 3.  The additional levy must not 
 18.30  exceed the most recent amount certified by the board of the 
 18.31  Minneapolis employees retirement fund as the district's share of 
 18.32  the contribution requirement in excess of the maximum state 
 18.33  contribution under section 422A.101, subdivision 3.  
 18.34     (4) (b) For taxes payable in 1994 and thereafter, special 
 18.35  school district No. 1, Minneapolis, and independent school 
 18.36  district No. 625, St. Paul, may levy for the increase in the 
 19.1   employer retirement fund contributions, under Laws 1992, chapter 
 19.2   598, article 5, section 1.  
 19.3      (5) (c) If the employer retirement fund contributions under 
 19.4   section 354A.12, subdivision 2a, are increased for fiscal year 
 19.5   1994 or later fiscal years, special school district No. 1, 
 19.6   Minneapolis, and independent school district No. 625, St. Paul, 
 19.7   may levy in payable 1994 or later an amount equal to the amount 
 19.8   derived by applying the net increase in the employer retirement 
 19.9   fund contribution rate of the respective teacher retirement fund 
 19.10  association between fiscal year 1993 and the fiscal year 
 19.11  beginning in the year after the levy is certified to the total 
 19.12  covered payroll of the applicable teacher retirement fund 
 19.13  association.  If an applicable school district levies under this 
 19.14  paragraph, they may not levy under paragraph (4) (b). 
 19.15     (6) (d) In addition to the levy authorized under paragraph 
 19.16  (5) (c), special school district No. 1, Minneapolis, may also 
 19.17  levy payable in 1997 or later an amount equal to the 
 19.18  contributions under section 423A.02, subdivision 3, and may also 
 19.19  levy in payable 1994 or later an amount equal to the state aid 
 19.20  contribution under section 354A.12, subdivision 3b.  Independent 
 19.21  school district No. 625, St. Paul, may levy payable in 1997 or 
 19.22  later an amount equal to the supplemental contributions under 
 19.23  section 423A.02, subdivision 3.  
 19.24     Sec. 16.  Minnesota Statutes 2000, section 126C.43, 
 19.25  subdivision 3, is amended to read: 
 19.26     Subd. 3.  [TAX LEVY FOR UNPAID JUDGMENT.] A district may 
 19.27  levy the amounts necessary to pay the district's obligations 
 19.28  tort judgments against the district under section 126C.47 
 19.29  123B.25 that became final after the date the district certified 
 19.30  its proposed levy in the previous year.  With the approval of 
 19.31  the commissioner, a district may spread this levy over a period 
 19.32  not to exceed three years. 
 19.33     Sec. 17.  Minnesota Statutes 2000, section 127A.41, 
 19.34  subdivision 5, is amended to read: 
 19.35     Subd. 5.  [DISTRICT APPEAL OF AID REDUCTION; INSPECTION OF 
 19.36  DISTRICT SCHOOLS AND ACCOUNTS AND RECORDS.] Public schools shall 
 20.1   at all times be open to the inspection of the commissioner.  The 
 20.2   accounts and records of any district must be open to inspection 
 20.3   by the state auditor, or the commissioner for the purpose of 
 20.4   audits conducted under this section.  Each district shall keep 
 20.5   for a minimum of three years at least the following:  (1) 
 20.6   identification of the annual session days held, together with a 
 20.7   record of the length of each session day, (2) a record of each 
 20.8   pupil's daily attendance, with entrance and withdrawal dates, 
 20.9   and (3) identification of the pupils transported who are 
 20.10  reported for transportation aid to-and-from school 
 20.11  transportation category for each pupil as defined in section 
 20.12  123B.92, subdivision 1. 
 20.13     Sec. 18.  Minnesota Statutes 2000, section 127A.42, is 
 20.14  amended to read: 
 20.15     127A.42 [REDUCTION OF AID FOR VIOLATION OF LAW.] 
 20.16     Subdivision 1.  [STATE AIDS.] The amount of special state 
 20.17  aids to which a district is entitled shall be the amount 
 20.18  computed according to statutes.  The annual state aid 
 20.19  certificate made by the commissioner to the commissioner of 
 20.20  finance shall show the amount of any reductions made. 
 20.21     Subd. 2.  [VIOLATIONS OF LAW.] The commissioner shall may 
 20.22  reduce or withhold the district's special state aid for any 
 20.23  school year whenever the board of the district authorizes or 
 20.24  permits violations of law within the district by:. 
 20.25     (1) employing a teacher who does not hold a valid teaching 
 20.26  license or permit in a public school; 
 20.27     (2) noncompliance with a mandatory rule of general 
 20.28  application promulgated by the commissioner in accordance with 
 20.29  statute, unless special circumstances make enforcement 
 20.30  inequitable, impose an extraordinary hardship on the district, 
 20.31  or the rule is contrary to the district's best interests; 
 20.32     (3) the district's continued performance of a contract made 
 20.33  for the rental of rooms or buildings for school purposes or for 
 20.34  the rental of any facility owned or operated by or under the 
 20.35  direction of any private organization, if the contract has been 
 20.36  disapproved, the time for review of the determination of 
 21.1   disapproval has expired, and no proceeding for review is 
 21.2   pending; 
 21.3      (4) any practice which is a violation of sections 1 and 2 
 21.4   of article 13 of the Constitution of the state of Minnesota; 
 21.5      (5) failure to reasonably provide for a resident pupil's 
 21.6   school attendance under Minnesota Statutes; or 
 21.7      (6) noncompliance with state laws prohibiting 
 21.8   discrimination because of race, color, creed, religion, national 
 21.9   origin, sex, age, marital status, status with regard to public 
 21.10  assistance or disability, as defined in section 363.03. 
 21.11  The reduction or withholding must be made in the amount and upon 
 21.12  the procedure provided in this section or, in the case of the 
 21.13  violation stated in clause (1), upon the procedure provided in 
 21.14  section 127A.43.  
 21.15     Subd. 3.  [ASSURANCE OF COMPLIANCE.] (a) After consultation 
 21.16  with the commissioner of human rights, the commissioner of 
 21.17  children, families, and learning shall adopt rules in 
 21.18  conformance with chapter 14.  The rules must direct districts to 
 21.19  file with the commissioner of children, families, and learning 
 21.20  assurances of compliance with state and federal laws prohibiting 
 21.21  discrimination.  The assurances must be provided in a form and 
 21.22  manner prescribed by the commissioner.  
 21.23     (b) If it appears that one or more violations of the 
 21.24  Minnesota Human Rights Act are occurring in a district, the 
 21.25  commissioner of human rights shall notify the commissioner of 
 21.26  the violations, and the commissioner of children, families, and 
 21.27  learning may then proceed pursuant to subdivision 4. 
 21.28     Subd. 4.  [NOTICE TO BOARD.] When it appears that an 
 21.29  enumerated a violation is occurring in a district, the 
 21.30  commissioner shall notify the board of that district in 
 21.31  writing.  The notice must specify the violations, set a 
 21.32  reasonable time within which the district must correct the 
 21.33  specified violations, describe the correction required, and 
 21.34  advise that if the correction is not made within the time 
 21.35  allowed, special state aids to the district will be reduced or 
 21.36  withheld.  The time allowed for correction may be extended by 
 22.1   the commissioner if there is reasonable ground therefor.  
 22.2      Subd. 5.  [DISPUTE VIOLATIONS; HEARING.] The board to which 
 22.3   such notice is given may, by a majority vote of the whole board, 
 22.4   decide to dispute that the specified violation exists or that 
 22.5   the time allowed is reasonable or the correction specified is 
 22.6   correct, or that the commissioner may reduce or withhold aids.  
 22.7   The board must give the commissioner written notice of the 
 22.8   decision.  If the commissioner, after further investigation as 
 22.9   the commissioner deems necessary, adheres to the previous 
 22.10  notice, the commissioner shall notify the school board of its 
 22.11  decision.  
 22.12     Subd. 6.  [VIOLATION; AID REDUCTION OR WITHHOLDING.] The 
 22.13  commissioner shall not reduce state aids payable to the district 
 22.14  if the violation specified is corrected within the time 
 22.15  permitted, or if the commissioner on being notified of the 
 22.16  district board's decision to dispute decides the violation does 
 22.17  not exist.  Otherwise state aids payable to the district for the 
 22.18  year in which the violation occurred shall may be reduced or 
 22.19  withheld as follows:  The total amount of state aids to which 
 22.20  the district may be entitled shall be reduced in the proportion 
 22.21  that the period during which a specified violation continued, 
 22.22  computed from the last day of the time permitted for correction, 
 22.23  bears to the total number of days school is held in the district 
 22.24  during the year in which a violation exists, multiplied by up to 
 22.25  60 percent of the basic revenue, as defined in section 126C.10, 
 22.26  subdivision 2, of the district for that year. 
 22.27     Subd. 7.  [REDUCTION IN AIDS PAYABLE.] Reductions in aid 
 22.28  under this section and sections 127A.41 and 127A.43 must be from 
 22.29  general education aid.  If there is not sufficient general 
 22.30  education aid remaining to be paid for the school year in which 
 22.31  the violation occurred, the reduction shall be from the other 
 22.32  aids listed in section 127A.44, subdivision 2, that are payable 
 22.33  to the district for that year in the order in which the aids are 
 22.34  listed in section 127A.44, subdivision 2.  If there is not a 
 22.35  sufficient amount of state aids remaining payable to the 
 22.36  district for the school year in which the violation occurred to 
 23.1   permit the full amount of reduction required, that part of the 
 23.2   required reduction not taken from that school year's aids will 
 23.3   be taken from the state aids payable to the district for the 
 23.4   next school year, and the reduction will be made from the 
 23.5   various aids payable for the next year in the order above 
 23.6   specified. 
 23.7      Subd. 9.  [NOTICE TO DISTRICT.] Any notice given to the 
 23.8   board of a district will be deemed given when a copy thereof is 
 23.9   mailed, registered, to the superintendent of the district, if 
 23.10  there is a superintendent, and to the clerk of the board of the 
 23.11  district.  If it is shown that neither the superintendent nor 
 23.12  the clerk in fact received such notice in the ordinary course of 
 23.13  mail, then the time for correction will be accordingly extended 
 23.14  by the commissioner so that a reasonable time will be allowed 
 23.15  from actual receipt of notice for correction.  If notice is sent 
 23.16  by the commissioner with respect to a violation which is 
 23.17  continued by the district in a succeeding year, no separate 
 23.18  notice for that violation for the succeeding year will be 
 23.19  required.  Proceedings initiated by such notice shall include 
 23.20  any continuing violation notwithstanding that a part thereof 
 23.21  occurs in a year different from the year in which it started.  
 23.22  The commissioner may require reasonable proof of the time that a 
 23.23  violation ceased for the determination of the amount of aids to 
 23.24  be withheld.  Costs and disbursements of the review by the 
 23.25  district court, exclusive of those incurred in the 
 23.26  administrative proceedings, may be taxed against the losing 
 23.27  party and in the event taxed against the state must be paid from 
 23.28  the appropriations made to the department for the payment of 
 23.29  special state aids. 
 23.30     Sec. 19.  Minnesota Statutes 2000, section 127A.50, 
 23.31  subdivision 2, is amended to read: 
 23.32     Subd. 2.  [APPROPRIATION AND ESTIMATED NET SAVINGS.] The 
 23.33  amounts necessary to pay any positive net adjustments under this 
 23.34  section to any school district are appropriated annually from 
 23.35  the general fund to the commissioner of children, families, and 
 23.36  learning.  The estimated net general fund savings under this 
 24.1   section is $29,819,000 in fiscal year 1998, and $26,997,000 in 
 24.2   each fiscal year thereafter. 
 24.3      Sec. 20.  Laws 1992, chapter 499, article 7, section 31, as 
 24.4   amended by Laws 1998, chapter 398, article 1, section 39, Laws 
 24.5   1999, chapter 241, article 1, section 54, and Laws 2000, chapter 
 24.6   489, article 2, section 28, is amended to read: 
 24.7      Sec. 4.  [REPEALER.] 
 24.8      Minnesota Statutes 1990, sections 124A.02, subdivision 24; 
 24.9   124A.23, subdivisions 2 and 3; 124A.26, subdivisions 2 and 3; 
 24.10  124A.27; 124A.28; and 124A.29, subdivision 2; and Minnesota 
 24.11  Statutes 1991 Supplement, sections 124A.02, subdivisions 16 and 
 24.12  23; 124A.03, subdivisions 1b, 1c, 1d, 1e, 1f, 1g, 1h, and 1i; 
 24.13  124A.04; 124A.22, subdivisions 2, 3, 4, 4a, 4b, 8, and 9; 
 24.14  124A.23, subdivisions 1, 4, and 5; 124A.24; 124A.26, subdivision 
 24.15  1; and 124A.29, subdivision 1, are repealed effective June 30, 
 24.16  2004; Laws 1991, chapter 265, article 7, section 35, is repealed.
 24.17     Sec. 21.  Laws 2000, chapter 489, article 2, section 39, 
 24.18  subdivision 2, is amended to read: 
 24.19     Subd. 2.  [SPARSITY CORRECTION REVENUE.] For sparsity 
 24.20  correction revenue: 
 24.21       $1,030,000     .....     2000
 24.22       $  515,000     .....     2001
 24.23     The 2000 appropriation is available until June 30, 2001.  
 24.24     [EFFECTIVE DATE.] This section is effective the day 
 24.25  following final enactment. 
 24.26     Sec. 22.  Laws 2000, chapter 489, article 3, section 25, 
 24.27  subdivision 5, is amended to read: 
 24.28     Subd. 5.  [SPECIAL EDUCATION CROSS-SUBSIDY REVENUE.] For 
 24.29  special education cross-subsidy revenue: 
 24.30       $ 7,898,000     .....     2000 
 24.31       $18,396,000     .....     2001 
 24.32     The 2000 appropriation is available until June 30, 2001. 
 24.33     [EFFECTIVE DATE.] This section is effective the day 
 24.34  following final enactment. 
 24.35     Sec. 23.  [REPEALER.] 
 24.36     (a) Minnesota Statutes 2000, sections 124D.07; 126C.01, 
 25.1   subdivision 10; 126C.16, subdivision 2; 126C.18; 126C.22; 
 25.2   126C.30; 126C.31; 126C.32; 126C.33; 126C.34; 126C.35; 126C.36; 
 25.3   and 127A.44, are repealed. 
 25.4      (b) Minnesota Statutes 2000, sections 126C.10, subdivisions 
 25.5   12 and 23; and 126C.17, subdivision 12, are repealed effective 
 25.6   for revenue for fiscal year 2002. 
 25.7      (c) Minnesota Statutes 2000, sections 126C.42, subdivisions 
 25.8   2 and 3; and 126C.47, are repealed effective for taxes payable 
 25.9   in 2002. 
 25.10                             ARTICLE 4
 25.11                        EDUCATION EXCELLENCE 
 25.12     Section 1.  Minnesota Statutes 2000, section 15.059, 
 25.13  subdivision 5a, is amended to read: 
 25.14     Subd. 5a.  [LATER EXPIRATION.] Notwithstanding subdivision 
 25.15  5, the advisory councils and committees listed in this 
 25.16  subdivision do not expire June 30, 1997.  These groups expire 
 25.17  June 30, 2001, unless the law creating the group or this 
 25.18  subdivision specifies an earlier expiration date. 
 25.19     Investment advisory council, created in section 11A.08; 
 25.20     Intergovernmental information systems advisory council, 
 25.21  created in section 16B.42, expires June 30, 1999; 
 25.22     Feedlot and manure management advisory committee, created 
 25.23  in section 17.136; 
 25.24     Aquaculture advisory committee, created in section 17.49; 
 25.25     Dairy producers board, created in section 17.76; 
 25.26     Pesticide applicator education and examination review 
 25.27  board, created in section 18B.305; 
 25.28     Advisory seed potato certification task force, created in 
 25.29  section 21.112; 
 25.30     Food safety advisory committee, created in section 28A.20; 
 25.31     Minnesota organic advisory task force, created in section 
 25.32  31.95; 
 25.33     Public programs risk adjustment work group, created in 
 25.34  section 62Q.03; 
 25.35     Workers' compensation self-insurers' advisory committee, 
 25.36  created in section 79A.02; 
 26.1      Youth corps advisory committee, created in section 84.0887; 
 26.2      Iron range off-highway vehicle advisory committee, created 
 26.3   in section 85.013; 
 26.4      Mineral coordinating committee, created in section 93.002; 
 26.5      Game and fish fund citizen advisory committees, created in 
 26.6   section 97A.055; 
 26.7      Wetland heritage advisory committee, created in section 
 26.8   103G.2242; 
 26.9      Wastewater treatment technical advisory committee, created 
 26.10  in section 115.54; 
 26.11     Solid waste management advisory council, created in section 
 26.12  115A.12; 
 26.13     Nuclear waste council, created in section 116C.711; 
 26.14     Genetically engineered organism advisory committee, created 
 26.15  in section 116C.93; 
 26.16     Environment and natural resources trust fund advisory 
 26.17  committee, created in section 116P.06; 
 26.18     Child abuse prevention advisory council, created in section 
 26.19  119A.13; 
 26.20     Chemical abuse and violence prevention council, created in 
 26.21  section 119A.293; 
 26.22     Youth neighborhood centers advisory board, created in 
 26.23  section 119A.295; 
 26.24     Interagency coordinating council, created in section 
 26.25  125A.28, expires June 30, 1999; 
 26.26     Desegregation/integration advisory board, created in 
 26.27  section 124D.892; 
 26.28     Nonpublic education council, created in section 123B.445; 
 26.29     Permanent school fund advisory committee, created in 
 26.30  section 127A.30; 
 26.31     Indian scholarship committee, created in section 124D.84, 
 26.32  subdivision 2; 
 26.33     American Indian education committees, created in section 
 26.34  124D.80; 
 26.35     Summer scholarship advisory committee, created in section 
 26.36  124D.95; 
 27.1      Multicultural education advisory committee, created in 
 27.2   section 124D.894; 
 27.3      Male responsibility and fathering grants review committee, 
 27.4   created in section 124D.33; 
 27.5      Library for the blind and physically handicapped advisory 
 27.6   committee, created in section 134.31; 
 27.7      Higher education advisory council, created in section 
 27.8   136A.031; 
 27.9      Student advisory council, created in section 136A.031; 
 27.10     Cancer surveillance advisory committee, created in section 
 27.11  144.672; 
 27.12     Maternal and child health task force, created in section 
 27.13  145.881; 
 27.14     State community health advisory committee, created in 
 27.15  section 145A.10; 
 27.16     Mississippi River Parkway commission, created in section 
 27.17  161.1419; 
 27.18     School bus safety advisory committee, created in section 
 27.19  169.435; 
 27.20     Advisory council on workers' compensation, created in 
 27.21  section 175.007; 
 27.22     Code enforcement advisory council, created in section 
 27.23  175.008; 
 27.24     Medical services review board, created in section 176.103; 
 27.25     Apprenticeship advisory council, created in section 178.02; 
 27.26     OSHA advisory council, created in section 182.656; 
 27.27     Health professionals services program advisory committee, 
 27.28  created in section 214.32; 
 27.29     Rehabilitation advisory council for the blind, created in 
 27.30  section 248.10; 
 27.31     American Indian advisory council, created in section 
 27.32  254A.035; 
 27.33     Alcohol and other drug abuse advisory council, created in 
 27.34  section 254A.04; 
 27.35     Medical assistance drug formulary committee, created in 
 27.36  section 256B.0625; 
 28.1      Home care advisory committee, created in section 256B.071; 
 28.2      Preadmission screening, alternative care, and home and 
 28.3   community-based services advisory committee, created in section 
 28.4   256B.0911; 
 28.5      Traumatic brain injury advisory committee, created in 
 28.6   section 256B.093; 
 28.7      Minnesota commission serving deaf and hard-of-hearing 
 28.8   people, created in section 256C.28; 
 28.9      American Indian child welfare advisory council, created in 
 28.10  section 260.835; 
 28.11     Juvenile justice advisory committee, created in section 
 28.12  268.29; 
 28.13     Northeast Minnesota economic development fund technical 
 28.14  advisory committees, created in section 298.2213; 
 28.15     Iron range higher education committee, created in section 
 28.16  298.2214; 
 28.17     Northeast Minnesota economic protection trust fund 
 28.18  technical advisory committee, created in section 298.297; 
 28.19     Advisory council on battered women and domestic abuse, 
 28.20  created in section 611A.34. 
 28.21     Sec. 2.  Minnesota Statutes 2000, section 120B.30, 
 28.22  subdivision 1, is amended to read: 
 28.23     Subdivision 1.  [STATEWIDE TESTING.] (a) The commissioner, 
 28.24  with advice from experts with appropriate technical 
 28.25  qualifications and experience and stakeholders, shall include in 
 28.26  the comprehensive assessment system, for each grade level to be 
 28.27  tested, a test, which shall be aligned with the state's 
 28.28  graduation standards and administered annually to all students 
 28.29  in the third, fifth, and eighth grades.  The commissioner shall 
 28.30  establish one or more months during which schools shall 
 28.31  administer the tests to students each school year.  Only 
 28.32  Minnesota basic skills tests in reading, mathematics, and 
 28.33  writing shall fulfill students' basic skills testing 
 28.34  requirements for a passing state notation.  The passing scores 
 28.35  of the state tests in reading and mathematics are the equivalent 
 28.36  of:  
 29.1      (1) 70 percent correct for students entering grade 9 in 
 29.2   1996; and 
 29.3      (2) 75 percent correct for students entering grade 9 in 
 29.4   1997 and thereafter, as based on the first uniform test 
 29.5   administration of February 1998.  
 29.6      Notwithstanding Minnesota Rules, part 3501.0050, subpart 2, 
 29.7   at the written request of a parent or guardian, and with the 
 29.8   recommendation of the student's teacher, a district may offer 
 29.9   the test of basic requirements in reading, math, or writing to 
 29.10  an individual student beginning in grade 5.  The student must 
 29.11  take the same test on the same date as administered to students 
 29.12  in eighth grade or higher.  (b) Third and fifth grade test 
 29.13  results shall be available to districts for diagnostic purposes 
 29.14  affecting student learning and district instruction and 
 29.15  curriculum, and for establishing educational accountability.  
 29.16  The commissioner must disseminate to the public the third and 
 29.17  fifth grade test results upon receiving those results. 
 29.18     (b) (c) In addition, at the secondary level, districts 
 29.19  shall assess student performance in all required learning areas 
 29.20  and selected required standards within each area of the profile 
 29.21  of learning.  The testing instruments and testing process shall 
 29.22  be determined by the commissioner.  The results shall be 
 29.23  aggregated at the site and district level.  The testing shall be 
 29.24  administered beginning in the 1999-2000 school year and 
 29.25  thereafter. 
 29.26     (c) (d) The commissioner shall report school site and 
 29.27  school district student academic achievement levels of the 
 29.28  current and two immediately preceding school years.  The report 
 29.29  shall include students' unweighted mean test scores in each 
 29.30  tested subject, the unweighted mean test scores of only those 
 29.31  students enrolled in the school by January 1 of the previous 
 29.32  school year, and the unweighted test scores of all students 
 29.33  except those students receiving limited English proficiency 
 29.34  instruction.  The report also shall record separately, in 
 29.35  proximity to the reported performance levels, the percentages of 
 29.36  students who are eligible to receive a free or reduced price 
 30.1   school meal, demonstrate limited English proficiency, or are 
 30.2   eligible to receive special education services. 
 30.3      (d) (e) In addition to the testing and reporting 
 30.4   requirements under paragraphs (a), (b), and (c), and (d), the 
 30.5   commissioner shall include the following components in the 
 30.6   statewide public reporting system: 
 30.7      (1) uniform statewide testing of all third, fifth, eighth, 
 30.8   and post-eighth grade students that provides exemptions, only 
 30.9   with parent or guardian approval, for those very few students 
 30.10  for whom the student's individual education plan team under 
 30.11  sections 125A.05 and 125A.06, determines that the student is 
 30.12  incapable of taking a statewide test, or for a limited English 
 30.13  proficiency student under section 124D.59, subdivision 2, if the 
 30.14  student has been in the United States for fewer than 12 months 
 30.15  and for whom special language barriers exist, such as the 
 30.16  student's native language does not have a written form or the 
 30.17  district does not have access to appropriate interpreter 
 30.18  services for the student's native language; 
 30.19     (2) educational indicators that can be aggregated and 
 30.20  compared across school districts and across time on a statewide 
 30.21  basis, including average daily attendance, high school 
 30.22  graduation rates, and high school drop-out rates by age and 
 30.23  grade level; 
 30.24     (3) students' scores on the American College Test; and 
 30.25     (4) participation in the National Assessment of Educational 
 30.26  Progress so that the state can benchmark its performance against 
 30.27  the nation and other states, and, where possible, against other 
 30.28  countries, and contribute to the national effort to monitor 
 30.29  achievement. 
 30.30     (e) (f) Districts must report exemptions under paragraph 
 30.31  (d) (e), clause (1), to the commissioner consistent with a 
 30.32  format provided by the commissioner. 
 30.33     Sec. 3.  Minnesota Statutes 2000, section 122A.16, is 
 30.34  amended to read: 
 30.35     122A.16 [QUALIFIED TEACHER DEFINED.] 
 30.36     A qualified teacher is one holding a valid license, under 
 31.1   this chapter, the board of social work for school social 
 31.2   workers, or the board of nursing for school nurses, to perform 
 31.3   the particular service for which employed in a public school. 
 31.4      Sec. 4.  Minnesota Statutes 2000, section 122A.18, is 
 31.5   amended by adding a subdivision to read: 
 31.6      Subd. 2b.  [MATHEMATICS INSTRUCTION.] A person who is 
 31.7   granted a license to teach elementary education shall 
 31.8   demonstrate competency and ability to apply best practices in 
 31.9   teaching mathematics appropriate to students the person will be 
 31.10  licensed to teach. 
 31.11     Sec. 5.  Minnesota Statutes 2000, section 122A.18, 
 31.12  subdivision 4, is amended to read: 
 31.13     Subd. 4.  [EXPIRATION AND RENEWAL.] (a) Each license the 
 31.14  department of children, families, and learning issues through 
 31.15  its licensing section must bear the date of issue.  Licenses 
 31.16  must expire and be renewed according to the respective rules the 
 31.17  board of teaching or the commissioner of children, families, and 
 31.18  learning adopts.  Requirements for renewing a license must 
 31.19  include showing satisfactory evidence of successful teaching 
 31.20  experience for at least one school year during the period 
 31.21  covered by the license in grades or subjects for which the 
 31.22  license is valid or completing such additional preparation as 
 31.23  the board of teaching prescribes.  The commissioner of children, 
 31.24  families, and learning shall establish requirements for renewing 
 31.25  the licenses of supervisory personnel. 
 31.26     (b) The board of teaching shall offer alternative 
 31.27  continuing relicensure options for teachers who are accepted 
 31.28  into and complete the national board for professional teaching 
 31.29  standards certification process, and offer additional continuing 
 31.30  relicensure options for teachers who earn national board for 
 31.31  professional teaching standards certification.  Continuing 
 31.32  relicensure requirements for teachers who do not maintain 
 31.33  national board for professional teaching standards certification 
 31.34  are those the board prescribes. 
 31.35     (c) The board of teaching shall establish procedures and 
 31.36  criteria for local continuing education/relicensure committees 
 32.1   that require a teacher to demonstrate the following: 
 32.2      (1) best teaching practice; 
 32.3      (2) being skilled in the most current subject matter being 
 32.4   taught; 
 32.5      (3) the ability to teach to the state's student learning 
 32.6   standards at the appropriate level; and 
 32.7      (4) an understanding of the district's and site's 
 32.8   improvement goals.  
 32.9      Sec. 6.  Minnesota Statutes 2000, section 122A.20, 
 32.10  subdivision 1, is amended to read: 
 32.11     Subdivision 1.  [GROUNDS FOR REVOCATION, SUSPENSION, OR 
 32.12  DENIAL.] (a) The board of teaching or the commissioner, with the 
 32.13  advice from an advisory task force of supervisory personnel 
 32.14  established under section 15.014, whichever has jurisdiction 
 32.15  over a teacher's licensure, may, on the written complaint of the 
 32.16  school board employing a teacher, a teacher organization, or any 
 32.17  other interested person, impose a fine, or refuse to issue, 
 32.18  refuse to renew, suspend, or revoke a teacher's license to teach 
 32.19  for any of the following causes: 
 32.20     (1) immoral character or conduct; 
 32.21     (2) failure, without justifiable cause, to teach for the 
 32.22  term of the teacher's contract; 
 32.23     (3) gross inefficiency or willful neglect of duty; or 
 32.24     (4) failure to meet licensure requirements; or 
 32.25     (5) fraud or misrepresentation in obtaining a license.; 
 32.26     (6) teaching in a position for which the teacher holds no 
 32.27  current valid license or other board authorization; 
 32.28     (7) willful violation of security on or falsification of 
 32.29  student answers or scores on state student testing; or 
 32.30     (8) willful use of school technology to access pornography. 
 32.31     The written complaint must specify the nature and character 
 32.32  of the charges.  
 32.33     (b) The board of teaching or the commissioner of children, 
 32.34  families, and learning whichever has jurisdiction over a 
 32.35  teacher's licensure, shall refuse to issue, refuse to renew, or 
 32.36  automatically revoke a teacher's license to teach without the 
 33.1   right to a hearing upon receiving a certified copy of a 
 33.2   conviction showing that the teacher has been convicted of child 
 33.3   abuse, as defined in section 609.185, or sexual abuse under 
 33.4   section 609.342, 609.343, 609.344, 609.345, 609.3451, 
 33.5   subdivision 3, or 617.23, subdivision 3, or under a similar law 
 33.6   of another state or the United States.  The board shall send 
 33.7   notice of this licensing action to the district in which the 
 33.8   teacher is currently employed. 
 33.9      (c) A person whose license to teach has been revoked, not 
 33.10  issued, or not renewed under paragraph (b), may petition the 
 33.11  board to reconsider the licensing action if the person's 
 33.12  conviction for child abuse or sexual abuse is reversed by a 
 33.13  final decision of the court of appeals or the supreme court or 
 33.14  if the person has received a pardon for the offense.  The 
 33.15  petitioner shall attach a certified copy of the appellate 
 33.16  court's final decision or the pardon to the petition.  Upon 
 33.17  receiving the petition and its attachment, the board shall 
 33.18  schedule and hold a disciplinary hearing on the matter under 
 33.19  section 214.10, subdivision 2, unless the petitioner waives the 
 33.20  right to a hearing.  If the board finds that, notwithstanding 
 33.21  the reversal of the petitioner's criminal conviction or the 
 33.22  issuance of a pardon, the petitioner is disqualified from 
 33.23  teaching under paragraph (a), clause (1), the board shall affirm 
 33.24  its previous licensing action.  If the board finds that the 
 33.25  petitioner is not disqualified from teaching under paragraph 
 33.26  (a), clause (1), it shall reverse its previous licensing action. 
 33.27     (d) For purposes of this subdivision, the board of teaching 
 33.28  is delegated the authority to suspend or revoke coaching 
 33.29  licenses. 
 33.30     Sec. 7.  Minnesota Statutes 2000, section 122A.24, 
 33.31  subdivision 3, is amended to read: 
 33.32     Subd. 3.  [PROGRAM APPROVAL.] (a) The board of teaching 
 33.33  must approve alternative preparation programs based on criteria 
 33.34  adopted by the board. 
 33.35     (b) An alternative preparation program at a school 
 33.36  district, group of schools, or an education district must be 
 34.1   affiliated with a post-secondary institution that has a teacher 
 34.2   preparation program.  The board shall permit demonstration of 
 34.3   licensure competencies in school-based and other nontraditional 
 34.4   pathways to teacher licensure. 
 34.5      Sec. 8.  Minnesota Statutes 2000, section 122A.25, is 
 34.6   amended by adding a subdivision to read: 
 34.7      Subd. 4.  [BACKGROUND CHECK.] A school district or charter 
 34.8   school shall provide the board of teaching with confirmation 
 34.9   that criminal background checks have been completed for all 
 34.10  nonlicensed community experts employed by the district or 
 34.11  charter school and approved by the board of teaching under this 
 34.12  section. 
 34.13     Sec. 9.  Minnesota Statutes 2000, section 122A.64, is 
 34.14  amended to read: 
 34.15     122A.64 [TEACHERS OF COLOR MULTICULTURAL EDUCATORS 
 34.16  PROGRAM.] 
 34.17     Subdivision 1.  [DEFINITION.] For purposes of this 
 34.18  section, "People of color" means permanent United States 
 34.19  residents who are African-American, American Indian or Alaskan 
 34.20  native, Asian or Pacific Islander, or Hispanic "Multicultural 
 34.21  educator" means a person with significant personal or 
 34.22  professional experience with communities of color and an 
 34.23  interest in teaching to enhance the educational achievement and 
 34.24  success of Minnesota's multicultural schools. 
 34.25     Subd. 2.  [GRANTS.] The commissioner of children, families, 
 34.26  and learning in consultation with the desegregation/integration 
 34.27  advisory board established in section 124D.892, subdivision 3, 
 34.28  shall award grants for professional development programs to 
 34.29  recruit and educate people of color multicultural educators in 
 34.30  the field of education, including early childhood and parent 
 34.31  education.  Grant applicants must be a school district with a 
 34.32  growing minority population working in collaboration with a 
 34.33  state institution of higher education with an approved teacher 
 34.34  licensure program or an approved early childhood or parent 
 34.35  education licensure program. 
 34.36     Subd. 3.  [PROGRAM REQUIREMENTS.] (a) A grant recipient 
 35.1   must recruit persons of color multicultural educators to be 
 35.2   teachers in elementary, secondary, early childhood or parent 
 35.3   education, and provide support in linking program participants 
 35.4   with jobs in the recipient's school district. 
 35.5      (b) A grant recipient must establish an advisory council 
 35.6   composed of representatives of communities of color. 
 35.7      (c) A grant recipient, with the assistance of the advisory 
 35.8   council, must recruit high school students and other persons, 
 35.9   including educational paraprofessionals, support them through 
 35.10  the higher education application and admission process, advise 
 35.11  them while enrolled and link them with support resources in the 
 35.12  college or university and the community. 
 35.13     (d) A grant recipient must award stipends to students of 
 35.14  color multicultural educator program participants enrolled in an 
 35.15  approved licensure program to help cover the costs of tuition, 
 35.16  student fees, supplies, and books.  Stipend awards must be based 
 35.17  on a student's financial need and students must apply for any 
 35.18  additional financial aid they are eligible for to supplement 
 35.19  this program.  No more than ten percent of the grant may be used 
 35.20  for costs of administering the program.  Students must agree to 
 35.21  teach in the grantee school district for at least two years 
 35.22  after licensure.  If the district has no licensed positions 
 35.23  open, the student may teach in another district in Minnesota. 
 35.24     (e) The commissioner of children, families, and learning 
 35.25  shall consider the following criteria in awarding grants: 
 35.26     (1) whether the program is likely to increase the 
 35.27  recruitment and retention of students of color multicultural 
 35.28  educator program participants in teaching; 
 35.29     (2) whether grant recipients will recruit paraprofessionals 
 35.30  from the district to work in its schools; and 
 35.31     (3) whether grant recipients will establish or have a 
 35.32  mentoring program for students of color multicultural educator 
 35.33  program participants. 
 35.34     Sec. 10.  Minnesota Statutes 2000, section 124D.03, 
 35.35  subdivision 4, is amended to read: 
 35.36     Subd. 4.  [DESEGREGATION DISTRICT TRANSFERS.] (a) This 
 36.1   subdivision applies to a transfer into or out of a district that 
 36.2   has a desegregation plan approved by the commissioner of 
 36.3   children, families, and learning.  
 36.4      (b) An application to transfer may be submitted at any time 
 36.5   for enrollment beginning at any time. 
 36.6      (c) The parent or guardian of a pupil who is a resident of 
 36.7   a district that has a desegregation plan must submit an 
 36.8   application to the resident district.  If the district accepts 
 36.9   the application, it must forward the application to the 
 36.10  nonresident district. 
 36.11     (d) The parent or guardian of a pupil who applies for 
 36.12  enrollment in a nonresident district that has a desegregation 
 36.13  plan must submit an application to the nonresident district.  
 36.14     (e) Each district must accept or reject an application it 
 36.15  receives and notify the parent or guardian in writing within 30 
 36.16  calendar days of receiving the application.  A notification of 
 36.17  acceptance must include the date enrollment can begin. 
 36.18     (f) If an application is rejected, the district must state 
 36.19  the reason for rejection in the notification.  If a district 
 36.20  that has a desegregation plan rejects an application for a 
 36.21  reason related to the desegregation plan, the district must 
 36.22  state with specificity how acceptance of the application would 
 36.23  result in noncompliance with department of children, families, 
 36.24  and learning rules with respect to the school or program for 
 36.25  which application was made.  
 36.26     (g) If an application is accepted, the parent or guardian 
 36.27  must notify the nonresident district in writing within 15 
 36.28  calendar days of receiving the acceptance whether the pupil 
 36.29  intends to enroll in the nonresident district.  Notice of 
 36.30  intention to enroll obligates the pupil to enroll in the 
 36.31  nonresident district, unless the boards of the resident and 
 36.32  nonresident districts agree otherwise.  If a parent or guardian 
 36.33  does not notify the nonresident district, the pupil may not 
 36.34  enroll in that nonresident district at that time, unless the 
 36.35  boards of the resident and nonresident district agree otherwise. 
 36.36     (h) Within 15 calendar days of receiving the notice from 
 37.1   the parent or guardian, the nonresident district shall notify 
 37.2   the resident district in writing of the pupil's intention to 
 37.3   enroll in the nonresident district.  
 37.4      (i) A pupil enrolled in a nonresident district under this 
 37.5   subdivision a desegregation plan approved by the commissioner of 
 37.6   children, families, and learning is not required to make annual 
 37.7   or periodic application for enrollment but may remain enrolled 
 37.8   in the same district.  A pupil may transfer to the resident 
 37.9   district at any time.  
 37.10     (j) A pupil enrolled in a nonresident district and applying 
 37.11  to transfer into or out of a district that has a desegregation 
 37.12  plan must follow the procedures of this subdivision.  For the 
 37.13  purposes of this type of transfer, "resident district" means the 
 37.14  nonresident district in which the pupil is enrolled at the time 
 37.15  of application.  
 37.16     (k) A district that has a desegregation plan approved by 
 37.17  the commissioner must accept or reject each individual 
 37.18  application in a manner that will enable compliance with its 
 37.19  desegregation plan. 
 37.20     Sec. 11.  Minnesota Statutes 2000, section 124D.10, 
 37.21  subdivision 4, is amended to read: 
 37.22     Subd. 4.  [FORMATION OF SCHOOL.] (a) A sponsor may 
 37.23  authorize one or more licensed teachers under section 122A.18, 
 37.24  subdivision 1, to operate a charter school subject to approval 
 37.25  by the commissioner.  A board must vote on charter school 
 37.26  application for sponsorship no later than 90 days after 
 37.27  receiving the application.  After 90 days, the applicant may 
 37.28  apply to the commissioner.  If a board elects not to sponsor a 
 37.29  charter school, the applicant may appeal the board's decision to 
 37.30  the commissioner.  If the commissioner authorizes the school, 
 37.31  the commissioner must sponsor the school according to this 
 37.32  section.  The school must be organized and operated as a 
 37.33  cooperative under chapter 308A or nonprofit corporation under 
 37.34  chapter 317A.  
 37.35     (b) Before the operators may form and operate a school, the 
 37.36  sponsor must file an affidavit with the commissioner stating its 
 38.1   intent to authorize a charter school.  The affidavit must state 
 38.2   the terms and conditions under which the sponsor would authorize 
 38.3   a charter school.  The commissioner must approve or disapprove 
 38.4   the sponsor's proposed authorization within 60 days of receipt 
 38.5   of the affidavit.  Failure to obtain commissioner approval 
 38.6   precludes a sponsor from authorizing the charter school that was 
 38.7   the subject of the affidavit.  
 38.8      (c) The operators authorized to organize and operate a 
 38.9   school must hold an election for members of the school's board 
 38.10  of directors in a timely manner after the school is operating.  
 38.11  Any staff members who are employed at the school, including 
 38.12  teachers providing instruction under a contract with a 
 38.13  cooperative, and all parents of children enrolled in the school 
 38.14  may participate in the election.  Licensed teachers employed at 
 38.15  the school, including teachers providing instruction under a 
 38.16  contract with a cooperative, must be a majority of the members 
 38.17  of the board of directors, unless the commissioner waives the 
 38.18  requirement for the school.  A provisional board may operate 
 38.19  before the election of the school's board of directors.  Board 
 38.20  of director meetings must comply with chapter 13D. 
 38.21     (d) The granting or renewal of a charter by a sponsoring 
 38.22  entity must not be conditioned upon the bargaining unit status 
 38.23  of the employees of the school.  
 38.24     Sec. 12.  Minnesota Statutes 2000, section 124D.10, 
 38.25  subdivision 8, is amended to read: 
 38.26     Subd. 8.  [STATE AND LOCAL REQUIREMENTS.] (a) A charter 
 38.27  school shall meet all applicable state and local health and 
 38.28  safety requirements. 
 38.29     (b) A school sponsored by a school board may be located in 
 38.30  any district, unless the school board of the district of the 
 38.31  proposed location disapproves by written resolution.  If such a 
 38.32  board denies a request to locate within its boundaries a charter 
 38.33  school sponsored by another school board, the sponsoring school 
 38.34  board may appeal to the commissioner.  If the commissioner 
 38.35  authorizes the school, the commissioner must sponsor the school. 
 38.36     (c) A charter school must be nonsectarian in its programs, 
 39.1   admission policies, employment practices, and all other 
 39.2   operations.  A sponsor may not authorize a charter school or 
 39.3   program that is affiliated with a nonpublic sectarian school or 
 39.4   a religious institution. 
 39.5      (d) Charter schools must not be used as a method of 
 39.6   providing education or generating revenue for students who are 
 39.7   being home-schooled. 
 39.8      (e) The primary focus of a charter school must be to 
 39.9   provide a comprehensive program of instruction for at least one 
 39.10  grade or age group from five through 18 years of age.  
 39.11  Instruction may be provided to people younger than five years 
 39.12  and older than 18 years of age. 
 39.13     (f) A charter school may not charge tuition. 
 39.14     (g) A charter school is subject to and must comply with 
 39.15  chapter 363 and section 121A.04. 
 39.16     (h) A charter school is subject to and must comply with the 
 39.17  Pupil Fair Dismissal Act, sections 121A.40 to 121A.56, and the 
 39.18  Minnesota Public School Fee Law, sections 123B.34 to 123B.39. 
 39.19     (i) A charter school is subject to the same financial 
 39.20  audits, audit procedures, and audit requirements as a district.  
 39.21  Audits must be conducted in compliance with generally accepted 
 39.22  governmental auditing standards, the Federal Single Audit Act, 
 39.23  and sections 6.65; 10A.07; 15.054; 118A.01, subdivisions 2 and 
 39.24  3; 118A.02; 118A.03, subdivisions 1, 2, 3, 4, and 7; 118A.04, 
 39.25  subdivisions 2, 4, 5, 6, 7, 8, and 9; 118A.05, subdivisions 2, 
 39.26  3, and 4; 118A.06; 123B.195; 123B.52, subdivision 5; 123B.77; 
 39.27  356A.06, subdivision 8a; 365.37, subdivision 1; 375.18; 382.18; 
 39.28  385.071; 412.271; 412.311; 469.009; 469.098; 471.38; 471.391; 
 39.29  471.392; 471.425; 471.87; 471.88, subdivisions 1, 2, 3, 4, 5, 6, 
 39.30  12, 13, and 15; and 471.89, subdivisions 2 and 3.  The audit 
 39.31  must comply with the requirements of sections 123B.75 to 
 39.32  123B.83, except to the extent deviations are necessary because 
 39.33  of the program at the school.  Deviations must be approved by 
 39.34  the commissioner.  The department of children, families, and 
 39.35  learning, state auditor, or legislative auditor may conduct 
 39.36  financial, program, or compliance audits.  A charter school 
 40.1   determined to be in statutory operating debt under sections 
 40.2   123B.81 to 123B.83 must submit a plan under section 123B.81, 
 40.3   subdivision 4. 
 40.4      (j) A charter school is a district for the purposes of tort 
 40.5   liability under chapter 466. 
 40.6      Sec. 13.  Minnesota Statutes 2000, section 124D.59, 
 40.7   subdivision 2, is amended to read: 
 40.8      Subd. 2.  [PUPIL OF LIMITED ENGLISH PROFICIENCY.] "Pupil of 
 40.9   limited English proficiency" means a pupil in any of the grades 
 40.10  of kindergarten through 12 who meets the following requirements: 
 40.11     (1) the pupil in kindergarten through grade 12, as declared 
 40.12  by a parent or guardian first learned a language other than 
 40.13  English, comes from a home where the language usually spoken is 
 40.14  other than English, or usually speaks a language other than 
 40.15  English; and 
 40.16     (2) the pupil's score is significantly below the average 
 40.17  district score for pupils of the same age on a nationally normed 
 40.18  English reading or English language arts achievement test.  A 
 40.19  pupil's score shall be considered significantly below the 
 40.20  average district score for pupils of the same age if it is 
 40.21  one-third of a standard deviation below that average score for a 
 40.22  pupil in kindergarten through grade 2, the pupil is determined 
 40.23  by developmentally appropriate measures, which might include 
 40.24  observations, teacher judgment, parent recommendations, or 
 40.25  developmentally appropriate assessment instruments, to lack the 
 40.26  necessary English skills to participate fully in classes taught 
 40.27  in English; or 
 40.28     (3) the pupil in grades 3 through 12 scores below the state 
 40.29  cutoff score on an assessment measuring emerging academic 
 40.30  English provided by the commissioner. 
 40.31     [EFFECTIVE DATE.] This section is effective for the 
 40.32  2001-2002 school year and later. 
 40.33     Sec. 14.  Minnesota Statutes 2000, section 124D.84, 
 40.34  subdivision 1, is amended to read: 
 40.35     Subdivision 1.  [AWARDS.] The commissioner, with the advice 
 40.36  and counsel of the Minnesota Indian scholarship education 
 41.1   committee, may award scholarships to any Minnesota resident 
 41.2   student who is of one-fourth or more Indian ancestry, who has 
 41.3   applied for other existing state and federal scholarship and 
 41.4   grant programs, and who, in the opinion of the commissioner, has 
 41.5   the capabilities to benefit from further education.  
 41.6   Scholarships must be for accredited degree programs in 
 41.7   accredited Minnesota colleges or universities or for courses in 
 41.8   accredited Minnesota business, technical, or vocational 
 41.9   schools.  Scholarships may also be given to students attending 
 41.10  Minnesota colleges that are in candidacy status for obtaining 
 41.11  full accreditation, and are eligible for and receiving federal 
 41.12  financial aid programs.  Students are also eligible for 
 41.13  scholarships when enrolled as full-time students in Minnesota 
 41.14  higher education institutions that have joint programs with 
 41.15  other accredited higher education institutions.  Scholarships 
 41.16  shall be used to defray the total cost of education including 
 41.17  tuition, incidental fees, books, supplies, transportation, other 
 41.18  related school costs and the cost of board and room and shall be 
 41.19  paid directly to the college or school concerned where the 
 41.20  student receives federal financial aid.  The total cost of 
 41.21  education includes all tuition and fees for each student 
 41.22  enrolling in a public institution and the portion of tuition and 
 41.23  fees for each student enrolling in a private institution that 
 41.24  does not exceed the tuition and fees at a comparable public 
 41.25  institution.  Each student shall be awarded a scholarship based 
 41.26  on the total cost of the student's education and a federal 
 41.27  standardized need analysis.  Applicants are encouraged to apply 
 41.28  for all other sources of financial aid.  The amount and type of 
 41.29  each scholarship shall be determined through the advice and 
 41.30  counsel of the Minnesota Indian scholarship education committee. 
 41.31     When an Indian student satisfactorily completes the work 
 41.32  required by a certain college or school in a school year the 
 41.33  student is eligible for additional scholarships, if additional 
 41.34  training is necessary to reach the student's educational and 
 41.35  vocational objective.  Scholarships may not be given to any 
 41.36  Indian student for more than five years of study without special 
 42.1   approval recommendation of the Minnesota Indian scholarship 
 42.2   education committee.  
 42.3      Sec. 15.  Minnesota Statutes 2000, section 124D.892, 
 42.4   subdivision 1, is amended to read: 
 42.5      Subdivision 1.  [ESTABLISHMENT.] (a) An office of 
 42.6   desegregation/integration is established in the department of 
 42.7   children, families, and learning to coordinate and support 
 42.8   activities related to student enrollment, student and staff 
 42.9   recruitment and retention, transportation, and interdistrict 
 42.10  cooperation among metropolitan school districts.  
 42.11     (b) At the request of a metropolitan school district 
 42.12  involved in cooperative desegregation/integration efforts, the 
 42.13  office shall perform any of the following activities: 
 42.14     (1) assist districts with interdistrict student transfers, 
 42.15  including student recruitment, counseling, placement, and 
 42.16  transportation; 
 42.17     (2) coordinate and disseminate information about schools 
 42.18  and programs; 
 42.19     (3) assist districts with new magnet schools and programs; 
 42.20     (4) assist districts in providing staff development and 
 42.21  in-service training; and 
 42.22     (5) coordinate and administer staff exchanges. 
 42.23     (c) The office shall collect data on the efficacy of 
 42.24  districts' desegregation/integration efforts and make 
 42.25  recommendations based on the data.  The office shall 
 42.26  periodically consult with the metropolitan council to coordinate 
 42.27  metropolitan school desegregation/integration efforts with the 
 42.28  housing, social, economic, and infrastructure needs of the 
 42.29  metropolitan area.  The office shall develop a process for 
 42.30  resolving students' disputes and grievances about student 
 42.31  transfers under a desegregation/integration plan.  
 42.32     Sec. 16.  Minnesota Statutes 2000, section 124D.892, 
 42.33  subdivision 3, is amended to read: 
 42.34     Subd. 3.  [ADVISORY BOARD.] The commissioner shall 
 42.35  establish an advisory board composed of: 
 42.36     (1) nine superintendents, eight shall be selected by the 
 43.1   superintendents of the school districts located in whole or in 
 43.2   part within each of the eight metropolitan districts established 
 43.3   under section 473.123, subdivision 3c, and one superintendent of 
 43.4   a district outside the seven-county metropolitan area and is 
 43.5   from a district that is considered racially isolated or has a 
 43.6   racially isolated school site according to Minnesota Rules, part 
 43.7   3535.0110; 
 43.8      (2) one person each selected by the Indian affairs council, 
 43.9   the council on Asian-Pacific Minnesotans, the council on Black 
 43.10  Minnesotans, and the council on affairs of Chicano/Latino 
 43.11  people; and 
 43.12     (3) the superintendent of independent school district No. 
 43.13  709, Duluth. 
 43.14     The advisory board shall advise the office on complying 
 43.15  with the requirements under subdivision 1.  The advisory board 
 43.16  may solicit comments from teachers, parents, students, and 
 43.17  interested community organizations and others. 
 43.18     The advisory board shall expire June 30, 2005. 
 43.19     Sec. 17.  Minnesota Statutes 2000, section 124D.894, is 
 43.20  amended to read: 
 43.21     124D.894 [STATE MULTICULTURAL EDUCATION ADVISORY 
 43.22  COMMITTEE.] 
 43.23     (a) The commissioner shall appoint a state multicultural 
 43.24  education advisory committee to advise the department and the 
 43.25  state board on multicultural education.  The committee must have 
 43.26  12 members and be composed of representatives from among the 
 43.27  following groups and community organizations:  African-American, 
 43.28  Asian-Pacific, Hispanic, and American Indian.  The committee 
 43.29  shall expire June 30, 2005. 
 43.30     (b) The state committee shall provide information and 
 43.31  recommendations on: 
 43.32     (1) department procedures for reviewing and approving 
 43.33  district plans and disseminating information on multicultural 
 43.34  education; 
 43.35     (2) department procedures for improving inclusive education 
 43.36  plans, curriculum and instruction improvement plans, and 
 44.1   performance-based assessments; 
 44.2      (3) developing learner outcomes which are multicultural; 
 44.3   and 
 44.4      (4) other recommendations that will further inclusive, 
 44.5   multicultural education. 
 44.6      (c) The committee shall also participate in determining the 
 44.7   criteria for and awarding the grants established under Laws 
 44.8   1993, chapter 224, article 8, section 22, subdivision 8. 
 44.9      Sec. 18.  Minnesota Statutes 2000, section 126C.12, 
 44.10  subdivision 2, is amended to read: 
 44.11     Subd. 2.  [INSTRUCTOR DEFINED DEFINITIONS.] Primary 
 44.12  instructor (a) "Classroom teacher" means a public employee 
 44.13  licensed by the board of teaching who is authorized to teach all 
 44.14  subjects to children in kindergarten through grade 6 and whose 
 44.15  duties are full-time regular classroom instruction, excluding a 
 44.16  teacher for whom federal aids are received or for whom 
 44.17  categorical aids are received pursuant to section 125A.76 or who 
 44.18  is an itinerant teacher or provides instruction outside of the 
 44.19  regular classroom.  Except as provided in section 122A.68, 
 44.20  subdivision 6, instructor classroom teacher does not include 
 44.21  supervisory and support personnel, except school social workers 
 44.22  as defined in section 122A.15.  An instructor A classroom 
 44.23  teacher whose duties are less than full-time instruction must be 
 44.24  included as an equivalent only for the number of hours of 
 44.25  instruction in grades kindergarten through 6 grade 3.  
 44.26     (b) "Class size" means the district wide ratio at each 
 44.27  grade level of the number of full-time students in kindergarten 
 44.28  through grade 3 served at least 40 percent of the time in 
 44.29  regular classrooms to the number of full-time classroom teachers 
 44.30  in kindergarten through grade 3, determined as of October 1 of 
 44.31  each school year. 
 44.32     Sec. 19.  Minnesota Statutes 2000, section 126C.12, 
 44.33  subdivision 3, is amended to read: 
 44.34     Subd. 3.  [INSTRUCTION CONTACT TIME.] Instruction may be 
 44.35  provided by a primary instructor, classroom teacher or by a team 
 44.36  of instructors classroom teachers, or by a teacher resident 
 45.1   supervised by a primary instructor classroom teacher.  The 
 45.2   district must maximize instructor classroom teacher to learner 
 45.3   average instructional contact time in the core subjects of 
 45.4   reading and mathematics. 
 45.5      Sec. 20.  Minnesota Statutes 2000, section 126C.12, 
 45.6   subdivision 4, is amended to read: 
 45.7      Subd. 4.  [REVENUE USE.] (a) Revenue must be used according 
 45.8   to either paragraph (b) or (c). 
 45.9      (b) Revenue must be used to reduce and maintain the 
 45.10  district's instructor to learner ratios average class size in 
 45.11  kindergarten through grade 6 3 to a level of 1 to 17 on average 
 45.12  in each of the respective grades.  The district must prioritize 
 45.13  the use of the revenue to attain this level initially in 
 45.14  kindergarten and grade 1 and then through the subsequent grades 
 45.15  as revenue is available.  
 45.16     (c) The revenue may be used to prepare and use an 
 45.17  individualized learning plan for each learner.  (b) A district 
 45.18  must not increase the district wide instructor-to-learner ratios 
 45.19  class sizes in other grades as a result of 
 45.20  reducing instructor-to-learner ratios class sizes in 
 45.21  kindergarten through grade 6 3.  Revenue may not be used to 
 45.22  provide instructor preparation time.  A district may use a 
 45.23  portion of the revenue reserved under this section to employ up 
 45.24  to the same number of full-time equivalent education assistants 
 45.25  or aides as the district employed during the 1992-1993 school 
 45.26  year under Minnesota Statutes 1992, section 124.331, subdivision 
 45.27  2 through fiscal year 2002.  Beginning in fiscal year 2003, 
 45.28  class size reduction revenue may only be reserved to employ 
 45.29  classroom teachers contributing to lower class sizes in 
 45.30  kindergarten through grade 3. 
 45.31     Sec. 21.  Minnesota Statutes 2000, section 126C.12, 
 45.32  subdivision 5, is amended to read: 
 45.33     Subd. 5.  [ADDITIONAL REVENUE USE.] If the board of a 
 45.34  district determines that the district has achieved and is 
 45.35  maintaining the instructor-to-learner ratios class sizes 
 45.36  specified in subdivision 4 and is using individualized learning 
 46.1   plans, the board may use the revenue to reduce class size in 
 46.2   grades 4, 5, and 6, provide all-day, everyday kindergarten, 
 46.3   prepare and use individualized learning plans, improve program 
 46.4   offerings, purchase instructional material and, services, or 
 46.5   technology, or provide staff development needed for reduced 
 46.6   instructor-to-learner ratios.  If additional revenue remains, 
 46.7   the district must use the revenue to improve program offerings, 
 46.8   including programs provided through interactive television, 
 46.9   throughout the district or other general education 
 46.10  purposes class sizes. 
 46.11     Sec. 22.  Minnesota Statutes 2000, section 126C.12, is 
 46.12  amended by adding a subdivision to read: 
 46.13     Subd. 6.  [ANNUAL REPORT.] By December 1 of each year, 
 46.14  districts receiving revenue under subdivision 1 shall make 
 46.15  available to the public a report on the amount of revenue the 
 46.16  district has received and the use of the revenue.  This report 
 46.17  shall be in the form and manner determined by the commissioner 
 46.18  and shall include the district average class sizes in 
 46.19  kindergarten through grade 6 as of October 1 of the current 
 46.20  school year and the class sizes for each site in the district.  
 46.21  A copy of the report shall be filed with the commissioner by 
 46.22  December 15. 
 46.23     Sec. 23.  Minnesota Statutes 2000, section 179A.20, 
 46.24  subdivision 3, is amended to read: 
 46.25     Subd. 3.  [DURATION.] The duration of the contract is 
 46.26  negotiable but shall not exceed three years.  Any contract 
 46.27  between a school board and an exclusive representative of 
 46.28  teachers shall be for a term of two years, beginning on July 1 
 46.29  of each odd-numbered year and may be for a term up to five years 
 46.30  by mutual agreement.  A contract between a school board and an 
 46.31  exclusive representative of teachers shall contain the teachers' 
 46.32  compensation including fringe benefits for the entire two-year 
 46.33  term and shall not contain a wage reopening clause or any other 
 46.34  provision for the renegotiation of the teachers' 
 46.35  compensation unless the contract period has a term of three 
 46.36  years or longer and there is mutual agreement to reopen the 
 47.1   contract.  
 47.2      Sec. 24.  [TERMINATING COMMISSIONER SPONSORSHIP OF CHARTER 
 47.3   SCHOOLS.] 
 47.4      With respect to charter schools for which the commissioner 
 47.5   is the sponsor, and notwithstanding Minnesota Statutes, section 
 47.6   124D.10, subdivision 23, or other law to the contrary, the 
 47.7   commissioner may, in the commissioner's discretion, terminate a 
 47.8   sponsorship contract without cause by providing written 
 47.9   notification to the board of the charter school.  The written 
 47.10  notification of termination shall provide the board of the 
 47.11  charter school with a reasonable period of time, not less than 
 47.12  60 days, for the board to obtain a new sponsor or make necessary 
 47.13  arrangements for closure.  The commissioner shall work with the 
 47.14  board to obtain a new sponsor if that is the desire of the board.
 47.15     [EFFECTIVE DATE.] This section is effective the day 
 47.16  following final enactment. 
 47.17     Sec. 25.  [RULES FOR LICENSURE OF SCHOOL ADMINISTRATIVE 
 47.18  PERSONNEL.] 
 47.19     The commissioner of children, families, and learning may 
 47.20  adopt, amend, or repeal rules relating to the licensure of 
 47.21  school administrative personnel in Minnesota Rules, chapter 3512.
 47.22     Sec. 26.  [REPEALER.] 
 47.23     Minnesota Rules, part 3501.0280, subpart 3, is repealed. 
 47.24                             ARTICLE 5 
 47.25                          SPECIAL PROGRAMS 
 47.26     Section 1.  Minnesota Statutes 2000, section 13.32, 
 47.27  subdivision 3, is amended to read: 
 47.28     Subd. 3.  [PRIVATE DATA; WHEN DISCLOSURE IS PERMITTED.] 
 47.29  Except as provided in subdivision 5, educational data is private 
 47.30  data on individuals and shall not be disclosed except as follows:
 47.31     (a) Pursuant to section 13.05; 
 47.32     (b) Pursuant to a valid court order; 
 47.33     (c) Pursuant to a statute specifically authorizing access 
 47.34  to the private data; 
 47.35     (d) To disclose information in health and safety 
 47.36  emergencies pursuant to the provisions of United States Code, 
 48.1   title 20, section 1232g(b)(1)(I) and Code of Federal 
 48.2   Regulations, title 34, section 99.36; 
 48.3      (e) Pursuant to the provisions of United States Code, title 
 48.4   20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B), 
 48.5   (b)(3) and Code of Federal Regulations, title 34, sections 
 48.6   99.31, 99.32, 99.33, 99.34, and 99.35; 
 48.7      (f) To appropriate health authorities to the extent 
 48.8   necessary to administer immunization programs and for bona fide 
 48.9   epidemiologic investigations which the commissioner of health 
 48.10  determines are necessary to prevent disease or disability to 
 48.11  individuals in the public educational agency or institution in 
 48.12  which the investigation is being conducted; 
 48.13     (g) When disclosure is required for institutions that 
 48.14  participate in a program under title IV of the Higher Education 
 48.15  Act, United States Code, title 20, chapter 1092; 
 48.16     (h) To the appropriate school district officials to the 
 48.17  extent necessary under subdivision 6, annually to indicate the 
 48.18  extent and content of remedial instruction, including the 
 48.19  results of assessment testing and academic performance at a 
 48.20  post-secondary institution during the previous academic year by 
 48.21  a student who graduated from a Minnesota school district within 
 48.22  two years before receiving the remedial instruction; 
 48.23     (i) To appropriate authorities as provided in United States 
 48.24  Code, title 20, section 1232g(b)(1)(E)(ii), if the data concern 
 48.25  the juvenile justice system and the ability of the system to 
 48.26  effectively serve, prior to adjudication, the student whose 
 48.27  records are released; provided that the authorities to whom the 
 48.28  data are released submit a written request for the data that 
 48.29  certifies that the data will not be disclosed to any other 
 48.30  person except as authorized by law without the written consent 
 48.31  of the parent of the student and the request and a record of the 
 48.32  release are maintained in the student's file; 
 48.33     (j) To volunteers who are determined to have a legitimate 
 48.34  educational interest in the data and who are conducting 
 48.35  activities and events sponsored by or endorsed by the 
 48.36  educational agency or institution for students or former 
 49.1   students; 
 49.2      (k) To provide student recruiting information, from 
 49.3   educational data held by colleges and universities, as required 
 49.4   by and subject to Code of Federal Regulations, title 32, section 
 49.5   216; or 
 49.6      (l) To the juvenile justice system if information about the 
 49.7   behavior of a student who poses a risk of harm is reasonably 
 49.8   necessary to protect the health or safety of the student or 
 49.9   other individuals. 
 49.10     (m) With respect to social security numbers of students in 
 49.11  the adult basic education system, to Minnesota state colleges 
 49.12  and universities and the department of economic security for the 
 49.13  purpose and in the manner described in section 124D.52, 
 49.14  subdivision 7.  
 49.15     (n) To the department of children, families, and learning 
 49.16  pursuant to an assessment or investigation of a report of 
 49.17  alleged maltreatment of a student as mandated by section 
 49.18  626.556.  Upon request by the commissioner of children, 
 49.19  families, and learning, data from the school district's 
 49.20  investigation of alleged maltreatment of a student shall be 
 49.21  disclosed and provided to that agency, including, but not 
 49.22  limited to, the following: 
 49.23     (1) information regarding the student alleged to have been 
 49.24  maltreated; 
 49.25     (2) information regarding student and employee witnesses; 
 49.26     (3) information regarding the alleged perpetrator; and 
 49.27     (4) what corrective or protective action was taken by the 
 49.28  school facility in response to a report of maltreatment by a 
 49.29  person employed by the school or school district. 
 49.30     Sec. 2.  Minnesota Statutes 2000, section 13.43, is amended 
 49.31  by adding a subdivision to read: 
 49.32     Subd. 14.  [MALTREATMENT DATA.] When a report of alleged 
 49.33  maltreatment of a student in a school facility, as defined in 
 49.34  section 626.556, subdivision 2, paragraph (f), is made to the 
 49.35  department of children, families, and learning pursuant to 
 49.36  section 626.556, data collected and available to the school 
 50.1   facility about the person alleged to have committed maltreatment 
 50.2   shall be provided to the commissioner of children, families, and 
 50.3   learning when requested to enable an assessment or investigation 
 50.4   of the maltreatment report.  The data received by the department 
 50.5   of children, families, and learning pursuant to such assessments 
 50.6   or investigations shall be classified as defined by section 
 50.7   626.556. 
 50.8      Sec. 3.  Minnesota Statutes 2000, section 120A.22, 
 50.9   subdivision 7, is amended to read: 
 50.10     Subd. 7.  [EDUCATION RECORDS.] (a) A district from which a 
 50.11  student is transferring must transmit the student's educational 
 50.12  records, within ten business days of a request, to the district 
 50.13  in which the student is enrolling.  Districts must make 
 50.14  reasonable efforts to determine the district in which a 
 50.15  transferring student is next enrolling in order to comply with 
 50.16  this subdivision. 
 50.17     (b) A school district that transmits a student's 
 50.18  educational records to another school district or other 
 50.19  educational entity to which the student is transferring must 
 50.20  include in the transmitted records information about 
 50.21  disciplinary action taken as a result of any incident in which 
 50.22  the student possessed or used a dangerous weapon.  
 50.23     (c) School districts must establish and implement 
 50.24  procedures for the accurate and timely transfer of educational 
 50.25  records, including individual education plans and special 
 50.26  education evaluation reports, to others having an educational 
 50.27  interest in the child within the ten day limit imposed by 
 50.28  statute.  These procedures must be in place and operational 
 50.29  year-round. 
 50.30     Sec. 4.  Minnesota Statutes 2000, section 122A.31, 
 50.31  subdivision 2, is amended to read: 
 50.32     Subd. 2.  [ORAL OR CUED SPEECH TRANSLITERATORS.] (a) In 
 50.33  addition to any other requirements that a school district 
 50.34  establishes, any person employed to provide oral transliterating 
 50.35  or cued speech transliterating services on a full-time or 
 50.36  part-time basis for a school district after July 1, 2000, must 
 51.1   hold a current applicable transliterator certificate awarded by 
 51.2   the national certifying association or comparable state 
 51.3   certification from the commissioner of children, families, and 
 51.4   learning. 
 51.5      (b) To provide oral or cued speech transliterator services 
 51.6   on a full-time or part-time basis, a person employed in a school 
 51.7   district must comply with paragraph (a).  The commissioner shall 
 51.8   grant a nonrenewable, two-year certificate to a school district 
 51.9   on behalf of a person who has not yet attained a current 
 51.10  applicable transliterator certificate pursuant to paragraph 
 51.11  (a).  A person for whom a nonrenewable, two-year certificate is 
 51.12  issued must work under the direction of a licensed teacher who 
 51.13  is skilled in language development of individuals who are deaf 
 51.14  or hard-of-hearing.  A person for whom a nonrenewable, two-year 
 51.15  certificate is issued must also enroll in state-approved 
 51.16  training and demonstrate progress towards the certification 
 51.17  required under paragraph (a) sufficient for the person to be 
 51.18  certified at the end of the two-year period. 
 51.19     Sec. 5.  Minnesota Statutes 2000, section 123B.03, 
 51.20  subdivision 1, is amended to read: 
 51.21     Subdivision 1.  [BACKGROUND CHECK REQUIRED.] (a) At least 
 51.22  once every five years, a school hiring authority, as defined in 
 51.23  subdivision 3, shall request a criminal history background check 
 51.24  from the superintendent of the bureau of criminal apprehension 
 51.25  on all individuals who are offered employment in the school, as 
 51.26  defined in subdivision 3.  In order to be eligible for 
 51.27  employment, an individual who is offered employment must provide 
 51.28  an executed criminal history consent form and a money order or 
 51.29  check payable to either the bureau of criminal apprehension or 
 51.30  the school hiring authority, at the election of the school 
 51.31  hiring authority, in an amount equal to the actual cost to the 
 51.32  bureau of criminal apprehension and the school district of 
 51.33  conducting the criminal history background check.  A school 
 51.34  hiring authority electing to receive payment may, at its 
 51.35  discretion, accept payment in the form of a negotiable 
 51.36  instrument other than a money order or check and shall pay the 
 52.1   superintendent of the bureau of criminal apprehension directly 
 52.2   to conduct the background check.  The superintendent of the 
 52.3   bureau of criminal apprehension shall conduct the background 
 52.4   check by retrieving criminal history data maintained in the 
 52.5   criminal justice information system computers.  A school hiring 
 52.6   authority, at its discretion, may elect not to request a 
 52.7   criminal history background check on an individual who holds an 
 52.8   initial entrance license issued by the state board of teaching 
 52.9   or the commissioner of children, families, and learning within 
 52.10  the 12 months preceding an offer of employment. 
 52.11     (b) A school hiring authority may use the results of a 
 52.12  criminal background check conducted at the request of another 
 52.13  school hiring authority if: 
 52.14     (1) the results of the criminal background check are on 
 52.15  file with the other school hiring authority or otherwise 
 52.16  accessible; 
 52.17     (2) the other school hiring authority conducted a criminal 
 52.18  background check within the previous 12 months; 
 52.19     (3) the individual who is the subject of the criminal 
 52.20  background check executes a written consent form giving a school 
 52.21  hiring authority access to the results of the check; and 
 52.22     (4) there is no reason to believe that the individual has 
 52.23  committed an act subsequent to the check that would disqualify 
 52.24  the individual for employment. 
 52.25     (c) A school hiring authority may, at its discretion, 
 52.26  request a criminal history background check from the 
 52.27  superintendent of the bureau of criminal apprehension on any 
 52.28  individual who seeks to enter a school or its grounds for the 
 52.29  purpose of serving as a school volunteer or working as an 
 52.30  independent contractor or student employee.  In order for an 
 52.31  individual to enter a school or its grounds under this paragraph 
 52.32  when the school hiring authority elects to request a criminal 
 52.33  history background check on the individual, the individual first 
 52.34  must provide an executed criminal history consent form and a 
 52.35  money order, check, or other negotiable instrument payable to 
 52.36  the school district in an amount equal to the actual cost to the 
 53.1   bureau of criminal apprehension and the school district of 
 53.2   conducting the criminal history background check.  
 53.3   Notwithstanding section 299C.62, subdivision 1, the cost of the 
 53.4   criminal history background check under this paragraph is the 
 53.5   responsibility of the individual. 
 53.6      (d) For all nonstate residents who are offered employment 
 53.7   in a school, a school hiring authority shall request a criminal 
 53.8   history background check on such individuals from the 
 53.9   superintendent of the bureau of criminal apprehension and from 
 53.10  the government agency performing the same function in the 
 53.11  resident state or, if no government entity performs the same 
 53.12  function in the resident state, from the Federal Bureau of 
 53.13  Investigation.  Such individuals must provide an executed 
 53.14  criminal history consent form and a money order, check, or other 
 53.15  negotiable instrument payable to the school hiring authority in 
 53.16  an amount equal to the actual cost to the government agencies 
 53.17  and the school district of conducting the criminal history 
 53.18  background check.  Notwithstanding section 299C.62, subdivision 
 53.19  1, the cost of the criminal history background check under this 
 53.20  paragraph is the responsibility of the individual. 
 53.21     Sec. 6.  Minnesota Statutes 2000, section 125A.023, 
 53.22  subdivision 4, is amended to read: 
 53.23     Subd. 4.  [STATE INTERAGENCY COMMITTEE.] (a) The governor 
 53.24  shall convene an 18-member a 19-member interagency committee to 
 53.25  develop and implement a coordinated, multidisciplinary, 
 53.26  interagency intervention service system for children ages three 
 53.27  to 21 with disabilities.  The commissioners of commerce, 
 53.28  children, families, and learning, health, human rights, human 
 53.29  services, economic security, and corrections shall each appoint 
 53.30  two committee members from their departments; the association of 
 53.31  Minnesota counties shall appoint two county representatives, one 
 53.32  of whom must be an elected official, as committee members; and 
 53.33  the Minnesota school boards association, the Minnesota 
 53.34  administrators of special education, and the school nurse 
 53.35  association of Minnesota shall each appoint one committee 
 53.36  member.  The committee shall select a chair from among its 
 54.1   members. 
 54.2      (b) The committee shall: 
 54.3      (1) identify and assist in removing state and federal 
 54.4   barriers to local coordination of services provided to children 
 54.5   with disabilities; 
 54.6      (2) identify adequate, equitable, and flexible funding 
 54.7   sources to streamline these services; 
 54.8      (3) develop guidelines for implementing policies that 
 54.9   ensure a comprehensive and coordinated system of all state and 
 54.10  local agency services, including multidisciplinary assessment 
 54.11  practices for children with disabilities ages three to 21; 
 54.12     (4) develop, consistent with federal law, a standardized 
 54.13  written plan for providing services to a child with 
 54.14  disabilities; 
 54.15     (5) identify how current systems for dispute resolution can 
 54.16  be coordinated and develop guidelines for that coordination; 
 54.17     (6) develop an evaluation process to measure the success of 
 54.18  state and local interagency efforts in improving the quality and 
 54.19  coordination of services to children with disabilities ages 
 54.20  three to 21; 
 54.21     (7) develop guidelines to assist the governing boards of 
 54.22  the interagency early intervention committees in carrying out 
 54.23  the duties assigned in section 125A.027, subdivision 1, 
 54.24  paragraph (b); and 
 54.25     (8) carry out other duties necessary to develop and 
 54.26  implement within communities a coordinated, multidisciplinary, 
 54.27  interagency intervention service system for children with 
 54.28  disabilities. 
 54.29     (c) The committee shall consult on an ongoing basis with 
 54.30  the state education advisory committee for special education and 
 54.31  the governor's interagency coordinating council in carrying out 
 54.32  its duties under this section, including assisting the governing 
 54.33  boards of the interagency early intervention committees. 
 54.34     Sec. 7.  Minnesota Statutes 2000, section 125A.027, is 
 54.35  amended by adding a subdivision to read: 
 54.36     Subd. 4.  [RESPONSIBILITIES OF SCHOOL AND COUNTY 
 55.1   BOARDS.] (a) It is the joint responsibility of school and county 
 55.2   boards to coordinate, provide, and pay for appropriate services, 
 55.3   and to facilitate payment for services from public and private 
 55.4   sources.  Appropriate service for children eligible under 
 55.5   section 125A.02 and receiving service from two or more public 
 55.6   agencies of which one is the public school must be determined in 
 55.7   consultation with parents, physicians, and other education, 
 55.8   medical health, and human services providers.  The services 
 55.9   provided must be in conformity with an Individual Interagency 
 55.10  Intervention Plan (IIIP) for each eligible child ages 3 to 21. 
 55.11     (b) Appropriate services include those services listed on a 
 55.12  child's IIIP.  These services are those that are required to be 
 55.13  documented on a plan under federal and state law or rule. 
 55.14     (c) School and county boards shall coordinate interagency 
 55.15  services.  Service responsibilities for eligible children, ages 
 55.16  3 to 21, shall be established in interagency agreements or joint 
 55.17  powers board agreements.  In addition, interagency agreements or 
 55.18  joint powers board agreements shall be developed to establish 
 55.19  agency responsibility that assures that coordinated interagency 
 55.20  services are coordinated, provided, and paid for, and that 
 55.21  payment is facilitated from public and private sources.  School 
 55.22  boards must provide, pay for, and facilitate payment for special 
 55.23  education services as required under sections 125A.05 and 
 55.24  125A.06.  County boards must provide, pay for, and facilitate 
 55.25  payment for those programs over which they have service and 
 55.26  fiscal responsibility as referenced in section 125A.023, 
 55.27  subdivision 3, paragraph (d), clause (1). 
 55.28     Sec. 8.  Minnesota Statutes 2000, section 125A.09, 
 55.29  subdivision 11, is amended to read: 
 55.30     Subd. 11.  [HEARING REVIEW OFFICER'S QUALIFICATIONS.] The 
 55.31  commissioner must select an individual who has the 
 55.32  qualifications enumerated in this subdivision to serve as the 
 55.33  hearing review officer: 
 55.34     (1) the individual must be knowledgeable and impartial; 
 55.35     (2) the individual must not have a personal interest in or 
 55.36  specific involvement with the student who is a party to the 
 56.1   hearing; 
 56.2      (3) the individual must not have been employed as an 
 56.3   administrator by the district that is a party to the hearing; 
 56.4      (4) the individual must not have been involved in the 
 56.5   selection of the administrators of the district that is a party 
 56.6   to the hearing; 
 56.7      (5) the individual must not have a personal, economic, or 
 56.8   professional interest in the outcome of the hearing other than 
 56.9   the proper administration of the federal and state laws, rules, 
 56.10  and policies; 
 56.11     (6) the individual must not have substantial involvement in 
 56.12  the development of a state or local policy or procedures that 
 56.13  are challenged in the appeal; 
 56.14     (7) the individual is not a current employee or board 
 56.15  member of a Minnesota public school district, education 
 56.16  district, intermediate unit or regional education agency or the 
 56.17  department; and 
 56.18     (8) (7) the individual is not a current employee or board 
 56.19  member of a disability advocacy organization or group. 
 56.20     Sec. 9.  Minnesota Statutes 2000, section 125A.11, 
 56.21  subdivision 3, is amended to read: 
 56.22     Subd. 3.  [AGREEMENT BETWEEN DISTRICTS TO PROVIDE SPECIAL 
 56.23  INSTRUCTION AND SERVICES.] For the purposes of this section, any 
 56.24  school district may enter into an agreement, upon mutually 
 56.25  agreed upon terms and conditions, to provide special instruction 
 56.26  and services for children with a disability.  In that event, one 
 56.27  of the participating units may employ and contract with 
 56.28  necessary qualified personnel to offer services in the several 
 56.29  districts.  Each participating unit must reimburse the employing 
 56.30  unit a proportionate amount of the actual cost of providing the 
 56.31  special instruction and services, less the amount of state 
 56.32  special education aid, which shall be claimed in full by the 
 56.33  employing district.  
 56.34     Sec. 10.  Minnesota Statutes 2000, section 125A.27, 
 56.35  subdivision 15, is amended to read: 
 56.36     Subd. 15.  [PART H C STATE PLAN.] "Part H C state plan" 
 57.1   means the annual state plan application approved by the federal 
 57.2   government under the Individuals with Disabilities Education 
 57.3   Act, United States Code, title 20, section 1471 et seq. (Part H 
 57.4   C, Public Law Number 102-119 105-117). 
 57.5      Sec. 11.  Minnesota Statutes 2000, section 125A.515, is 
 57.6   amended to read: 
 57.7      125A.515 [PLACEMENT OF CHILDREN WITHOUT DISABILITIES; 
 57.8   APPROVAL OF EDUCATION PROGRAM.] 
 57.9      The commissioner shall approve education programs in care 
 57.10  and treatment facilities for placement of children without 
 57.11  disabilities, including detention centers, before being licensed 
 57.12  by the department of human services or the department of 
 57.13  corrections.  For the purposes of this section, care and 
 57.14  treatment facilities includes adult facilities that admit 
 57.15  children and provide an education program specifically designed 
 57.16  for children who are residents of the facility including 
 57.17  chemical dependency and other substance abuse programs, shelter 
 57.18  care facilities, hospitals, correctional facilities, mental 
 57.19  health programs, and detention facilities. 
 57.20     Sec. 12.  Minnesota Statutes 2000, section 125A.76, 
 57.21  subdivision 1, is amended to read: 
 57.22     Subdivision 1.  [DEFINITIONS.] For the purposes of this 
 57.23  section, the definitions in this subdivision apply. 
 57.24     (a) "Base year" for fiscal year 1998 and later fiscal years 
 57.25  means the second fiscal year preceding the fiscal year for which 
 57.26  aid will be paid. 
 57.27     (b) "Basic revenue" has the meaning given it in section 
 57.28  126C.10, subdivision 2.  For the purposes of computing basic 
 57.29  revenue pursuant to this section, each child with a disability 
 57.30  shall be counted as prescribed in section 126C.05, subdivision 1.
 57.31     (c) "Essential personnel" means teachers, cultural 
 57.32  liaisons, related services, and support services staff providing 
 57.33  direct services to students. 
 57.34     (d) "Average daily membership" has the meaning given it in 
 57.35  section 126C.05. 
 57.36     (e) "Program growth factor" means 1.08 for fiscal year 
 58.1   2002, and 1.047 for fiscal year 2003 and later. 
 58.2      Sec. 13.  Minnesota Statutes 2000, section 125A.76, 
 58.3   subdivision 2, is amended to read: 
 58.4      Subd. 2.  [SPECIAL EDUCATION BASE REVENUE.] (a) The special 
 58.5   education base revenue equals the sum of the following amounts 
 58.6   computed using base year data: 
 58.7      (1) 68 percent of the salary of each essential person 
 58.8   employed in the district's program for children with a 
 58.9   disability during the fiscal year, not including the share of 
 58.10  salaries for personnel providing health-related services counted 
 58.11  in clause (8), whether the person is employed by one or more 
 58.12  districts or a Minnesota correctional facility operating on a 
 58.13  fee-for-service basis; 
 58.14     (2) for the Minnesota state academy for the deaf or the 
 58.15  Minnesota state academy for the blind, 68 percent of the salary 
 58.16  of each instructional aide assigned to a child attending the 
 58.17  academy, if that aide is required by the child's individual 
 58.18  education plan; 
 58.19     (3) for special instruction and services provided to any 
 58.20  pupil by contracting with public, private, or voluntary agencies 
 58.21  other than school districts, in place of special instruction and 
 58.22  services provided by the district, 52 percent of the difference 
 58.23  between the amount of the contract and the basic revenue of the 
 58.24  district for that pupil amount of the basic revenue, as defined 
 58.25  in section 126C.10, subdivision 2, special education aid, and 
 58.26  any other aid earned on behalf of the child for the fraction of 
 58.27  the school day the pupil receives services under the contract; 
 58.28     (4) for special instruction and services provided to any 
 58.29  pupil by contracting for services with public, private, or 
 58.30  voluntary agencies other than school districts, that are 
 58.31  supplementary to a full educational program provided by the 
 58.32  school district, 52 percent of the amount of the contract for 
 58.33  that pupil; 
 58.34     (5) for supplies and equipment purchased or rented for use 
 58.35  in the instruction of children with a disability, not including 
 58.36  the portion of the expenses for supplies and equipment used to 
 59.1   provide health-related services counted in clause (8), an amount 
 59.2   equal to 47 percent of the sum actually expended by the 
 59.3   district, or a Minnesota correctional facility operating on a 
 59.4   fee-for-service basis, but not to exceed an average of $47 in 
 59.5   any one school year for each child with a disability receiving 
 59.6   instruction; 
 59.7      (6) for fiscal years 1997 and later, special education base 
 59.8   revenue shall include amounts under clauses (1) to (5) for 
 59.9   special education summer programs provided during the base year 
 59.10  for that fiscal year; and 
 59.11     (7) for fiscal years 1999 and later, the cost of providing 
 59.12  transportation services for children with disabilities under 
 59.13  section 123B.92, subdivision 1, paragraph (b), clause (4). 
 59.14     The department shall establish procedures through the 
 59.15  uniform financial accounting and reporting system to identify 
 59.16  and track all revenues generated from third-party billings as 
 59.17  special education revenue at the school district level; include 
 59.18  revenue generated from third-party billings as special education 
 59.19  revenue in the annual cross-subsidy report; and exclude 
 59.20  third-party revenue from calculation of excess cost aid to the 
 59.21  districts. 
 59.22     (b) If requested by a school district operating a special 
 59.23  education program during the base year for less than the full 
 59.24  fiscal year, or a school district in which is located a 
 59.25  Minnesota correctional facility operating on a fee-for-service 
 59.26  basis for less than the full fiscal year, the commissioner may 
 59.27  adjust the base revenue to reflect the expenditures that would 
 59.28  have occurred during the base year had the program been operated 
 59.29  for the full fiscal year. 
 59.30     (c) Notwithstanding paragraphs (a) and (b), the portion of 
 59.31  a school district's base revenue attributable to a Minnesota 
 59.32  correctional facility operating on a fee-for-service basis 
 59.33  during the facility's first year of operating on a 
 59.34  fee-for-service basis shall be computed using current year data. 
 59.35     Sec. 14.  Minnesota Statutes 2000, section 626.556, 
 59.36  subdivision 2, is amended to read: 
 60.1      Subd. 2.  [DEFINITIONS.] As used in this section, the 
 60.2   following terms have the meanings given them unless the specific 
 60.3   content indicates otherwise: 
 60.4      (a) "Sexual abuse" means the subjection of a child by a 
 60.5   person responsible for the child's care, by a person who has a 
 60.6   significant relationship to the child, as defined in section 
 60.7   609.341, or by a person in a position of authority, as defined 
 60.8   in section 609.341, subdivision 10, to any act which constitutes 
 60.9   a violation of section 609.342 (criminal sexual conduct in the 
 60.10  first degree), 609.343 (criminal sexual conduct in the second 
 60.11  degree), 609.344 (criminal sexual conduct in the third degree), 
 60.12  609.345 (criminal sexual conduct in the fourth degree), or 
 60.13  609.3451 (criminal sexual conduct in the fifth degree).  Sexual 
 60.14  abuse also includes any act which involves a minor which 
 60.15  constitutes a violation of prostitution offenses under sections 
 60.16  609.321 to 609.324 or 617.246.  Sexual abuse includes threatened 
 60.17  sexual abuse.  
 60.18     (b) "Person responsible for the child's care" means (1) an 
 60.19  individual functioning within the family unit and having 
 60.20  responsibilities for the care of the child such as a parent, 
 60.21  guardian, or other person having similar care responsibilities, 
 60.22  or (2) an individual functioning outside the family unit and 
 60.23  having responsibilities for the care of the child such as a 
 60.24  teacher, school administrator, other school district employees, 
 60.25  or other lawful custodian of a child having either full-time or 
 60.26  short-term care responsibilities including, but not limited to, 
 60.27  day care, babysitting whether paid or unpaid, counseling, 
 60.28  teaching, and coaching.  
 60.29     (c) "Neglect" means: 
 60.30     (1) failure by a person responsible for a child's care to 
 60.31  supply a child with necessary food, clothing, shelter, health, 
 60.32  medical, or other care required for the child's physical or 
 60.33  mental health when reasonably able to do so; 
 60.34     (2) failure to protect a child from conditions or actions 
 60.35  which imminently and seriously endanger the child's physical or 
 60.36  mental health when reasonably able to do so; 
 61.1      (3) failure to provide for necessary supervision or child 
 61.2   care arrangements appropriate for a child after considering 
 61.3   factors as the child's age, mental ability, physical condition, 
 61.4   length of absence, or environment, when the child is unable to 
 61.5   care for the child's own basic needs or safety, or the basic 
 61.6   needs or safety of another child in their care; 
 61.7      (4) failure to ensure that the child is educated as defined 
 61.8   in sections 120A.22 and 260C.163, subdivision 11; 
 61.9      (5) nothing in this section shall be construed to mean that 
 61.10  a child is neglected solely because the child's parent, 
 61.11  guardian, or other person responsible for the child's care in 
 61.12  good faith selects and depends upon spiritual means or prayer 
 61.13  for treatment or care of disease or remedial care of the child 
 61.14  in lieu of medical care; except that a parent, guardian, or 
 61.15  caretaker, or a person mandated to report pursuant to 
 61.16  subdivision 3, has a duty to report if a lack of medical care 
 61.17  may cause serious danger to the child's health.  This section 
 61.18  does not impose upon persons, not otherwise legally responsible 
 61.19  for providing a child with necessary food, clothing, shelter, 
 61.20  education, or medical care, a duty to provide that care; 
 61.21     (6) prenatal exposure to a controlled substance, as defined 
 61.22  in section 253B.02, subdivision 2, used by the mother for a 
 61.23  nonmedical purpose, as evidenced by withdrawal symptoms in the 
 61.24  child at birth, results of a toxicology test performed on the 
 61.25  mother at delivery or the child at birth, or medical effects or 
 61.26  developmental delays during the child's first year of life that 
 61.27  medically indicate prenatal exposure to a controlled substance; 
 61.28     (7) "medical neglect" as defined in section 260C.007, 
 61.29  subdivision 4, clause (5); 
 61.30     (8) chronic and severe use of alcohol or a controlled 
 61.31  substance by a parent or person responsible for the care of the 
 61.32  child that adversely affects the child's basic needs and safety; 
 61.33  or 
 61.34     (9) emotional harm from a pattern of behavior which 
 61.35  contributes to impaired emotional functioning of the child which 
 61.36  may be demonstrated by a substantial and observable effect in 
 62.1   the child's behavior, emotional response, or cognition that is 
 62.2   not within the normal range for the child's age and stage of 
 62.3   development, with due regard to the child's culture. 
 62.4      (d) "Physical abuse" means any physical injury, mental 
 62.5   injury, or threatened injury, inflicted by a person responsible 
 62.6   for the child's care on a child other than by accidental means, 
 62.7   or any physical or mental injury that cannot reasonably be 
 62.8   explained by the child's history of injuries, or any aversive 
 62.9   and deprivation procedures that have not been authorized under 
 62.10  section 245.825.  Abuse does not include reasonable and moderate 
 62.11  physical discipline of a child administered by a parent or legal 
 62.12  guardian which does not result in an injury.  Actions which are 
 62.13  not reasonable and moderate include, but are not limited to, any 
 62.14  of the following that are done in anger or without regard to the 
 62.15  safety of the child: 
 62.16     (1) throwing, kicking, burning, biting, or cutting a child; 
 62.17     (2) striking a child with a closed fist; 
 62.18     (3) shaking a child under age three; 
 62.19     (4) striking or other actions which result in any 
 62.20  nonaccidental injury to a child under 18 months of age; 
 62.21     (5) unreasonable interference with a child's breathing; 
 62.22     (6) threatening a child with a weapon, as defined in 
 62.23  section 609.02, subdivision 6; 
 62.24     (7) striking a child under age one on the face or head; 
 62.25     (8) purposely giving a child poison, alcohol, or dangerous, 
 62.26  harmful, or controlled substances which were not prescribed for 
 62.27  the child by a practitioner, in order to control or punish the 
 62.28  child; or other substances that substantially affect the child's 
 62.29  behavior, motor coordination, or judgment or that results in 
 62.30  sickness or internal injury, or subjects the child to medical 
 62.31  procedures that would be unnecessary if the child were not 
 62.32  exposed to the substances; or 
 62.33     (9) unreasonable physical confinement or restraint not 
 62.34  permitted under section 609.379, including but not limited to 
 62.35  tying, caging, or chaining; or 
 62.36     (10) in a school facility or school zone, an act by a 
 63.1   person responsible for the child's care that is a violation 
 63.2   under section 121A.58. 
 63.3      (e) "Report" means any report received by the local welfare 
 63.4   agency, police department, or county sheriff, or agency 
 63.5   responsible for assessing or investigating maltreatment pursuant 
 63.6   to this section. 
 63.7      (f) "Facility" means a licensed or unlicensed day care 
 63.8   facility, residential facility, agency, hospital, sanitarium, or 
 63.9   other facility or institution required to be licensed under 
 63.10  sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or 
 63.11  chapter 245B; or a school as defined in sections 120A.05, 
 63.12  subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed 
 63.13  personal care provider organization as defined in sections 
 63.14  256B.04, subdivision 16, and 256B.0625, subdivision 19a. 
 63.15     (g) "Operator" means an operator or agency as defined in 
 63.16  section 245A.02.  
 63.17     (h) "Commissioner" means the commissioner of human services.
 63.18     (i) "Assessment" includes authority to interview the child, 
 63.19  the person or persons responsible for the child's care, the 
 63.20  alleged perpetrator, and any other person with knowledge of the 
 63.21  abuse or neglect for the purpose of gathering the facts, 
 63.22  assessing the risk to the child, and formulating a plan.  
 63.23     (j) "Practice of social services," for the purposes of 
 63.24  subdivision 3, includes but is not limited to employee 
 63.25  assistance counseling and the provision of guardian ad litem and 
 63.26  parenting time expeditor services.  
 63.27     (k) "Mental injury" means an injury to the psychological 
 63.28  capacity or emotional stability of a child as evidenced by an 
 63.29  observable or substantial impairment in the child's ability to 
 63.30  function within a normal range of performance and behavior with 
 63.31  due regard to the child's culture. 
 63.32     (l) "Threatened injury" means a statement, overt act, 
 63.33  condition, or status that represents a substantial risk of 
 63.34  physical or sexual abuse or mental injury. 
 63.35     (m) Persons who conduct assessments or investigations under 
 63.36  this section shall take into account accepted child-rearing 
 64.1   practices of the culture in which a child participates and 
 64.2   accepted teacher discipline practices, which are not injurious 
 64.3   to the child's health, welfare, and safety. 
 64.4      Sec. 15.  Minnesota Statutes 2000, section 626.556, 
 64.5   subdivision 3, is amended to read: 
 64.6      Subd. 3.  [PERSONS MANDATED TO REPORT.] (a) A person who 
 64.7   knows or has reason to believe a child is being neglected or 
 64.8   physically or sexually abused, as defined in subdivision 2, or 
 64.9   has been neglected or physically or sexually abused within the 
 64.10  preceding three years, shall immediately report the information 
 64.11  to the local welfare agency, agency responsible for assessing or 
 64.12  investigating the report, police department, or the county 
 64.13  sheriff if the person is:  
 64.14     (1) a professional or professional's delegate who is 
 64.15  engaged in the practice of the healing arts, social services, 
 64.16  hospital administration, psychological or psychiatric treatment, 
 64.17  child care, education, or law enforcement; or 
 64.18     (2) employed as a member of the clergy and received the 
 64.19  information while engaged in ministerial duties, provided that a 
 64.20  member of the clergy is not required by this subdivision to 
 64.21  report information that is otherwise privileged under section 
 64.22  595.02, subdivision 1, paragraph (c).  
 64.23     The police department or the county sheriff, upon receiving 
 64.24  a report, shall immediately notify the local welfare agency or 
 64.25  agency responsible for assessing or investigating the report, 
 64.26  orally and in writing.  The local welfare agency, or agency 
 64.27  responsible for assessing or investigating the report, upon 
 64.28  receiving a report, shall immediately notify the local police 
 64.29  department or the county sheriff orally and in writing.  The 
 64.30  county sheriff and the head of every local welfare agency, 
 64.31  agency responsible for assessing or investigating reports, and 
 64.32  police department shall each designate a person within their 
 64.33  agency, department, or office who is responsible for ensuring 
 64.34  that the notification duties of this paragraph and paragraph (b) 
 64.35  are carried out.  Nothing in this subdivision shall be construed 
 64.36  to require more than one report from any institution, facility, 
 65.1   school, or agency. 
 65.2      (b) Any person may voluntarily report to the local welfare 
 65.3   agency, agency responsible for assessing or investigating the 
 65.4   report, police department, or the county sheriff if the person 
 65.5   knows, has reason to believe, or suspects a child is being or 
 65.6   has been neglected or subjected to physical or sexual abuse.  
 65.7   The police department or the county sheriff, upon receiving a 
 65.8   report, shall immediately notify the local welfare agency or 
 65.9   agency responsible for assessing or investigating the report, 
 65.10  orally and in writing.  The local welfare agency or agency 
 65.11  responsible for assessing or investigating the report, upon 
 65.12  receiving a report, shall immediately notify the local police 
 65.13  department or the county sheriff orally and in writing. 
 65.14     (c) A person mandated to report physical or sexual child 
 65.15  abuse or neglect occurring within a licensed facility shall 
 65.16  report the information to the agency responsible for licensing 
 65.17  the facility under sections 144.50 to 144.58; 241.021; 245A.01 
 65.18  to 245A.16; or 245B, or a school as defined in sections 120A.05, 
 65.19  subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed 
 65.20  personal care provider organization as defined in sections 
 65.21  256B.04, subdivision 16; and 256B.0625, subdivision 19.  A 
 65.22  health or corrections agency receiving a report may request the 
 65.23  local welfare agency to provide assistance pursuant to 
 65.24  subdivisions 10, 10a, and 10b.  A person mandated to report 
 65.25  physical or sexual child abuse or neglect occurring within a 
 65.26  school, as defined in sections 120A.05, subdivisions 9, 11, and 
 65.27  13; and 124D.10, shall report to the department of children, 
 65.28  families, and learning. 
 65.29     The board of teaching, the board of nursing, the board of 
 65.30  social work, and the board of cosmetology, upon receiving a 
 65.31  report that indicates maltreatment, shall provide information 
 65.32  about the circumstances of the alleged maltreatment to the 
 65.33  commissioner of children, families, and learning.  The 
 65.34  commissioner of children, families, and learning, upon receiving 
 65.35  a maltreatment report, shall provide sufficient information 
 65.36  about the report to the board of teaching, the board of nursing, 
 66.1   the board of social work, and the board of cosmetology to enable 
 66.2   the board or agency to fulfill its duties.  The identity of and 
 66.3   information about any confidential reporter, the student, and 
 66.4   the employee received by the boards or the commissioner shall be 
 66.5   confidential according to this section. 
 66.6      (d) Any person mandated to report shall receive a summary 
 66.7   of the disposition of any report made by that reporter, 
 66.8   including whether the case has been opened for child protection 
 66.9   or other services, or if a referral has been made to a community 
 66.10  organization, unless release would be detrimental to the best 
 66.11  interests of the child.  Any person who is not mandated to 
 66.12  report shall, upon request to the local welfare agency, receive 
 66.13  a concise summary of the disposition of any report made by that 
 66.14  reporter, unless release would be detrimental to the best 
 66.15  interests of the child. 
 66.16     (e) For purposes of this subdivision, "immediately" means 
 66.17  as soon as possible but in no event longer than 24 hours. 
 66.18     Sec. 16.  Minnesota Statutes 2000, section 626.556, 
 66.19  subdivision 4, is amended to read: 
 66.20     Subd. 4.  [IMMUNITY FROM LIABILITY.] (a) The following 
 66.21  persons are immune from any civil or criminal liability that 
 66.22  otherwise might result from their actions, if they are acting in 
 66.23  good faith: 
 66.24     (1) any person making a voluntary or mandated report under 
 66.25  subdivision 3 or under section 626.5561 or assisting in an 
 66.26  assessment under this section or under section 626.5561; 
 66.27     (2) any person with responsibility for performing duties 
 66.28  under this section or supervisor employed by a local welfare 
 66.29  agency, the commissioner of an agency responsible for operating 
 66.30  or supervising a licensed or unlicensed day care facility, 
 66.31  residential facility, agency, hospital, sanitarium, or other 
 66.32  facility or institution required to be licensed under sections 
 66.33  144.50 to 144.58; 241.021; 245A.01 to 245A.16; or 245B, or a 
 66.34  school as defined in sections 120A.05, subdivisions 9, 11, and 
 66.35  13; and 124D.10; or a nonlicensed personal care provider 
 66.36  organization as defined in sections 256B.04, subdivision 16; and 
 67.1   256B.0625, subdivision 19a, complying with subdivision 10d; and 
 67.2      (3) any public or private school, facility as defined in 
 67.3   subdivision 2, or the employee of any public or private school 
 67.4   or facility who permits access by a local welfare agency, the 
 67.5   department of children, families, and learning, or a local law 
 67.6   enforcement agency and assists in an investigation or assessment 
 67.7   pursuant to subdivision 10 or under section 626.5561. 
 67.8      (b) A person who is a supervisor or person with 
 67.9   responsibility for performing duties under this section employed 
 67.10  by a local welfare agency, the commissioner of human services, 
 67.11  or the commissioner of children, families, and learning 
 67.12  complying with subdivisions 10 and 11 or section 626.5561 or any 
 67.13  related rule or provision of law is immune from any civil or 
 67.14  criminal liability that might otherwise result from the person's 
 67.15  actions, if the person is (1) acting in good faith and 
 67.16  exercising due care, or (2) acting in good faith and following 
 67.17  the information collection procedures established under 
 67.18  subdivision 10, paragraphs (h), (i), and (j). 
 67.19     (c) This subdivision does not provide immunity to any 
 67.20  person for failure to make a required report or for committing 
 67.21  neglect, physical abuse, or sexual abuse of a child. 
 67.22     (d) If a person who makes a voluntary or mandatory report 
 67.23  under subdivision 3 prevails in a civil action from which the 
 67.24  person has been granted immunity under this subdivision, the 
 67.25  court may award the person attorney fees and costs. 
 67.26     Sec. 17.  Minnesota Statutes 2000, section 626.556, 
 67.27  subdivision 7, is amended to read: 
 67.28     Subd. 7.  [REPORT.] An oral report shall be made 
 67.29  immediately by telephone or otherwise.  An oral report made by a 
 67.30  person required under subdivision 3 to report shall be followed 
 67.31  within 72 hours, exclusive of weekends and holidays, by a report 
 67.32  in writing to the appropriate police department, the county 
 67.33  sheriff, the agency responsible for assessing or investigating 
 67.34  the report, or the local welfare agency, unless the appropriate 
 67.35  agency has informed the reporter that the oral information does 
 67.36  not constitute a report under subdivision 10.  Any report shall 
 68.1   be of sufficient content to identify the child, any person 
 68.2   believed to be responsible for the abuse or neglect of the child 
 68.3   if the person is known, the nature and extent of the abuse or 
 68.4   neglect and the name and address of the reporter.  If requested, 
 68.5   the local welfare agency shall inform the reporter within ten 
 68.6   days after the report is made, either orally or in writing, 
 68.7   whether the report was accepted for assessment or investigation. 
 68.8   Written reports received by a police department or the county 
 68.9   sheriff shall be forwarded immediately to the local welfare 
 68.10  agency or the agency responsible for assessing or investigating 
 68.11  the report.  The police department or the county sheriff may 
 68.12  keep copies of reports received by them.  Copies of written 
 68.13  reports received by a local welfare department or the agency 
 68.14  responsible for assessing or investigating the report shall be 
 68.15  forwarded immediately to the local police department or the 
 68.16  county sheriff. 
 68.17     A written copy of a report maintained by personnel of 
 68.18  agencies, other than welfare or law enforcement agencies, which 
 68.19  are subject to chapter 13 shall be confidential.  An individual 
 68.20  subject of the report may obtain access to the original report 
 68.21  as provided by subdivision 11. 
 68.22     Sec. 18.  Minnesota Statutes 2000, section 626.556, 
 68.23  subdivision 10, is amended to read: 
 68.24     Subd. 10.  [DUTIES OF LOCAL WELFARE AGENCY AND LOCAL LAW 
 68.25  ENFORCEMENT AGENCY UPON RECEIPT OF A REPORT.] (a) If the report 
 68.26  alleges neglect, physical abuse, or sexual abuse by a parent, 
 68.27  guardian, or individual functioning within the family unit as a 
 68.28  person responsible for the child's care, the local welfare 
 68.29  agency shall immediately conduct an assessment including 
 68.30  gathering information on the existence of substance abuse and 
 68.31  offer protective social services for purposes of preventing 
 68.32  further abuses, safeguarding and enhancing the welfare of the 
 68.33  abused or neglected minor, and preserving family life whenever 
 68.34  possible.  If the report alleges a violation of a criminal 
 68.35  statute involving sexual abuse, physical abuse, or neglect or 
 68.36  endangerment, under section 609.378, the local law enforcement 
 69.1   agency and local welfare agency shall coordinate the planning 
 69.2   and execution of their respective investigation and assessment 
 69.3   efforts to avoid a duplication of fact-finding efforts and 
 69.4   multiple interviews.  Each agency shall prepare a separate 
 69.5   report of the results of its investigation.  In cases of alleged 
 69.6   child maltreatment resulting in death, the local agency may rely 
 69.7   on the fact-finding efforts of a law enforcement investigation 
 69.8   to make a determination of whether or not maltreatment 
 69.9   occurred.  When necessary the local welfare agency shall seek 
 69.10  authority to remove the child from the custody of a parent, 
 69.11  guardian, or adult with whom the child is living.  In performing 
 69.12  any of these duties, the local welfare agency shall maintain 
 69.13  appropriate records.  
 69.14     If the assessment indicates there is a potential for abuse 
 69.15  of alcohol or other drugs by the parent, guardian, or person 
 69.16  responsible for the child's care, the local welfare agency shall 
 69.17  conduct a chemical use assessment pursuant to Minnesota Rules, 
 69.18  part 9530.6615.  The local welfare agency shall report the 
 69.19  determination of the chemical use assessment, and the 
 69.20  recommendations and referrals for alcohol and other drug 
 69.21  treatment services to the state authority on alcohol and drug 
 69.22  abuse. 
 69.23     (b) When a local agency receives a report or otherwise has 
 69.24  information indicating that a child who is a client, as defined 
 69.25  in section 245.91, has been the subject of physical abuse, 
 69.26  sexual abuse, or neglect at an agency, facility, or program as 
 69.27  defined in section 245.91, it shall, in addition to its other 
 69.28  duties under this section, immediately inform the ombudsman 
 69.29  established under sections 245.91 to 245.97.  The commissioner 
 69.30  of children, families, and learning shall inform the ombudsman 
 69.31  established under sections 245.91 to 245.97 of reports of 
 69.32  maltreatment it receives that occurred at schools as defined in 
 69.33  sections 120A.05, subdivisions 9, 11, and 13, and 124D.10. 
 69.34     (c) Authority of the local welfare agency responsible for 
 69.35  assessing the child abuse or neglect report, the agency 
 69.36  responsible for assessing or investigating the report, and of 
 70.1   the local law enforcement agency for investigating the alleged 
 70.2   abuse or neglect includes, but is not limited to, authority to 
 70.3   interview, without parental consent, the alleged victim and any 
 70.4   other minors who currently reside with or who have resided with 
 70.5   the alleged offender.  The interview may take place at school or 
 70.6   at any facility or other place where the alleged victim or other 
 70.7   minors might be found or the child may be transported to, and 
 70.8   the interview conducted at, a place appropriate for the 
 70.9   interview of a child designated by the local welfare agency or 
 70.10  law enforcement agency.  The interview may take place outside 
 70.11  the presence of the alleged offender or parent, legal custodian, 
 70.12  guardian, or school official.  Except as provided in this 
 70.13  paragraph, the parent, legal custodian, or guardian shall be 
 70.14  notified by the responsible local welfare or law enforcement 
 70.15  agency no later than the conclusion of the investigation or 
 70.16  assessment that this interview has occurred.  Notwithstanding 
 70.17  rule 49.02 of the Minnesota rules of procedure for juvenile 
 70.18  courts, the juvenile court may, after hearing on an ex parte 
 70.19  motion by the local welfare agency, order that, where reasonable 
 70.20  cause exists, the agency withhold notification of this interview 
 70.21  from the parent, legal custodian, or guardian.  If the interview 
 70.22  took place or is to take place on school property, the order 
 70.23  shall specify that school officials may not disclose to the 
 70.24  parent, legal custodian, or guardian the contents of the 
 70.25  notification of intent to interview the child on school 
 70.26  property, as provided under this paragraph, and any other 
 70.27  related information regarding the interview that may be a part 
 70.28  of the child's school record.  A copy of the order shall be sent 
 70.29  by the local welfare or law enforcement agency to the 
 70.30  appropriate school official. 
 70.31     (d) When the local welfare or, local law enforcement 
 70.32  agency, or the agency responsible for assessing or investigating 
 70.33  a report of maltreatment determines that an interview should 
 70.34  take place on school property, written notification of intent to 
 70.35  interview the child on school property must be received by 
 70.36  school officials prior to the interview.  The notification shall 
 71.1   include the name of the child to be interviewed, the purpose of 
 71.2   the interview, and a reference to the statutory authority to 
 71.3   conduct an interview on school property.  For interviews 
 71.4   conducted by the local welfare agency, the notification shall be 
 71.5   signed by the chair of the local social services agency or the 
 71.6   chair's designee.  The notification shall be private data on 
 71.7   individuals subject to the provisions of this paragraph.  School 
 71.8   officials may not disclose to the parent, legal custodian, or 
 71.9   guardian the contents of the notification or any other related 
 71.10  information regarding the interview until notified in writing by 
 71.11  the local welfare or law enforcement agency that the 
 71.12  investigation or assessment has been concluded.  Until that 
 71.13  time, the local welfare or law enforcement agency shall be 
 71.14  solely responsible for any disclosures regarding the nature of 
 71.15  the assessment or investigation.  School officials may disclose 
 71.16  to the parent, legal custodian, or guardian the contents of the 
 71.17  notification or any other related information regarding the 
 71.18  interview when a school employee is alleged to have maltreated a 
 71.19  student according to this section. 
 71.20     Except where the alleged offender is believed to be a 
 71.21  school official or employee, the time and place, and manner of 
 71.22  the interview on school premises shall be within the discretion 
 71.23  of school officials, but the local welfare or law enforcement 
 71.24  agency shall have the exclusive authority to determine who may 
 71.25  attend the interview.  The conditions as to time, place, and 
 71.26  manner of the interview set by the school officials shall be 
 71.27  reasonable and the interview shall be conducted not more than 24 
 71.28  hours after the receipt of the notification unless another time 
 71.29  is considered necessary by agreement between the school 
 71.30  officials and the local welfare or law enforcement agency.  
 71.31  Where the school fails to comply with the provisions of this 
 71.32  paragraph, the juvenile court may order the school to comply.  
 71.33  Every effort must be made to reduce the disruption of the 
 71.34  educational program of the child, other students, or school 
 71.35  staff when an interview is conducted on school premises.  
 71.36     (e) Where the alleged offender or a person responsible for 
 72.1   the care of the alleged victim or other minor prevents access to 
 72.2   the victim or other minor by the local welfare agency, the 
 72.3   juvenile court may order the parents, legal custodian, or 
 72.4   guardian to produce the alleged victim or other minor for 
 72.5   questioning by the local welfare agency or the local law 
 72.6   enforcement agency outside the presence of the alleged offender 
 72.7   or any person responsible for the child's care at reasonable 
 72.8   places and times as specified by court order.  
 72.9      (f) Before making an order under paragraph (e), the court 
 72.10  shall issue an order to show cause, either upon its own motion 
 72.11  or upon a verified petition, specifying the basis for the 
 72.12  requested interviews and fixing the time and place of the 
 72.13  hearing.  The order to show cause shall be served personally and 
 72.14  shall be heard in the same manner as provided in other cases in 
 72.15  the juvenile court.  The court shall consider the need for 
 72.16  appointment of a guardian ad litem to protect the best interests 
 72.17  of the child.  If appointed, the guardian ad litem shall be 
 72.18  present at the hearing on the order to show cause.  
 72.19     (g) The commissioner of human services, the ombudsman for 
 72.20  mental health and mental retardation, the local welfare agencies 
 72.21  responsible for investigating reports, the commissioner of 
 72.22  children, families, and learning, and the local law enforcement 
 72.23  agencies have the right to enter facilities as defined in 
 72.24  subdivision 2 and to inspect and copy the facility's records, 
 72.25  including medical records, as part of the investigation.  
 72.26  Notwithstanding the provisions of chapter 13, they also have the 
 72.27  right to inform the facility under investigation that they are 
 72.28  conducting an investigation, to disclose to the facility the 
 72.29  names of the individuals under investigation for abusing or 
 72.30  neglecting a child, and to provide the facility with a copy of 
 72.31  the report and the investigative findings. 
 72.32     (h) The local welfare agency or the agency responsible for 
 72.33  assessing or investigating the report shall collect available 
 72.34  and relevant information to ascertain whether maltreatment 
 72.35  occurred and whether protective services are needed.  
 72.36  Information collected includes, when relevant, information with 
 73.1   regard to the person reporting the alleged maltreatment, 
 73.2   including the nature of the reporter's relationship to the child 
 73.3   and to the alleged offender, and the basis of the reporter's 
 73.4   knowledge for the report; the child allegedly being maltreated; 
 73.5   the alleged offender; the child's caretaker; and other 
 73.6   collateral sources having relevant information related to the 
 73.7   alleged maltreatment.  The local welfare agency or the agency 
 73.8   responsible for assessing or investigating the report may make a 
 73.9   determination of no maltreatment early in an assessment, and 
 73.10  close the case and retain immunity, if the collected information 
 73.11  shows no basis for a full assessment or investigation. 
 73.12     Information relevant to the assessment or investigation 
 73.13  must be asked for, and may include: 
 73.14     (1) the child's sex and age, prior reports of maltreatment, 
 73.15  information relating to developmental functioning, credibility 
 73.16  of the child's statement, and whether the information provided 
 73.17  under this clause is consistent with other information collected 
 73.18  during the course of the assessment or investigation; 
 73.19     (2) the alleged offender's age, a record check for prior 
 73.20  reports of maltreatment, and criminal charges and convictions.  
 73.21  The local welfare agency or the agency responsible for assessing 
 73.22  or investigating the report must provide the alleged offender 
 73.23  with an opportunity to make a statement.  The alleged offender 
 73.24  may submit supporting documentation relevant to the assessment 
 73.25  or investigation; 
 73.26     (3) collateral source information regarding the alleged 
 73.27  maltreatment and care of the child.  Collateral information 
 73.28  includes, when relevant:  (i) a medical examination of the 
 73.29  child; (ii) prior medical records relating to the alleged 
 73.30  maltreatment or the care of the child and an interview with the 
 73.31  treating professionals; and (iii) interviews with the child's 
 73.32  caretakers, including the child's parent, guardian, foster 
 73.33  parent, child care provider, teachers, counselors, family 
 73.34  members, relatives, and other persons who may have knowledge 
 73.35  regarding the alleged maltreatment and the care of the child; 
 73.36  and 
 74.1      (4) information on the existence of domestic abuse and 
 74.2   violence in the home of the child, and substance abuse. 
 74.3      Nothing in this paragraph precludes the local welfare 
 74.4   agency, the local law enforcement agency, or the agency 
 74.5   responsible for assessing or investigating the report from 
 74.6   collecting other relevant information necessary to conduct the 
 74.7   assessment or investigation.  Notwithstanding the data's 
 74.8   classification in the possession of any other agency, data 
 74.9   acquired by the local welfare agency, or the agency responsible 
 74.10  for assessing or investigating the report during the course of 
 74.11  the assessment or investigation are private data on individuals 
 74.12  and must be maintained in accordance with subdivision 11.  Data 
 74.13  acquired by the department of children, families, and learning 
 74.14  during the course of an investigation of alleged maltreatment by 
 74.15  school personnel is private data on individuals, notwithstanding 
 74.16  its classification as educational or personnel data according to 
 74.17  chapter 13. 
 74.18     In conducting an assessment or investigation of a school 
 74.19  facility as defined in subdivision 2, paragraph (f), the 
 74.20  commissioner of children, families, and learning shall collect 
 74.21  investigative reports and data from local law enforcement and 
 74.22  the school facility and may base its assessment or its 
 74.23  determination of maltreatment on these reports. 
 74.24     (i) In the initial stages of an assessment or 
 74.25  investigation, the local welfare agency shall conduct a 
 74.26  face-to-face observation of the child reported to be maltreated 
 74.27  and a face-to-face interview of the alleged offender.  The 
 74.28  interview with the alleged offender may be postponed if it would 
 74.29  jeopardize an active law enforcement investigation. 
 74.30     (j) The local welfare agency shall use a question and 
 74.31  answer interviewing format with questioning as nondirective as 
 74.32  possible to elicit spontaneous responses.  The following 
 74.33  interviewing methods and procedures must be used whenever 
 74.34  possible when collecting information: 
 74.35     (1) audio recordings of all interviews with witnesses and 
 74.36  collateral sources; and 
 75.1      (2) in cases of alleged sexual abuse, audio-video 
 75.2   recordings of each interview with the alleged victim and child 
 75.3   witnesses.  
 75.4      In conducting an assessment or investigation of a school 
 75.5   facility as defined in subdivision 2, paragraph (f), the 
 75.6   commissioner of children, families, and learning may use the 
 75.7   procedures in clauses (1) and (2), or may employ other 
 75.8   investigative procedures where warranted and may base its 
 75.9   assessment on those procedures and reports received from the 
 75.10  school facility and local law enforcement, if appropriate. 
 75.11     Sec. 19.  Minnesota Statutes 2000, section 626.556, 
 75.12  subdivision 10b, is amended to read: 
 75.13     Subd. 10b.  [DUTIES OF COMMISSIONER; NEGLECT OR ABUSE IN 
 75.14  FACILITY.] (a) This section applies to the commissioners of 
 75.15  human services, health, and children, families, and learning.  
 75.16  The commissioner of the agency responsible for assessing or 
 75.17  investigating the report shall immediately assess or investigate 
 75.18  if the report alleges that: 
 75.19     (1) a child who is in the care of a facility as defined in 
 75.20  subdivision 2 is neglected, physically abused, or sexually 
 75.21  abused by an individual in that facility, or has been so 
 75.22  neglected or abused by an individual in that facility within the 
 75.23  three years preceding the report; or 
 75.24     (2) a child was neglected, physically abused, or sexually 
 75.25  abused by an individual in a facility defined in subdivision 2, 
 75.26  while in the care of that facility within the three years 
 75.27  preceding the report.  
 75.28     The commissioner of the agency responsible for assessing or 
 75.29  investigating the report shall arrange for the transmittal to 
 75.30  the commissioner of reports received by local agencies and may 
 75.31  delegate to a local welfare agency the duty to investigate 
 75.32  reports.  In conducting an investigation under this section, the 
 75.33  commissioner has the powers and duties specified for local 
 75.34  welfare agencies under this section.  The commissioner of the 
 75.35  agency responsible for assessing or investigating the report or 
 75.36  local welfare agency may interview any children who are or have 
 76.1   been in the care of a facility under investigation and their 
 76.2   parents, guardians, or legal custodians. 
 76.3      (b) Prior to any interview, the commissioner of the agency 
 76.4   responsible for assessing or investigating the report or local 
 76.5   welfare agency shall notify the parent, guardian, or legal 
 76.6   custodian of a child who will be interviewed in the manner 
 76.7   provided for in subdivision 10d, paragraph (a).  If reasonable 
 76.8   efforts to reach the parent, guardian, or legal custodian of a 
 76.9   child in an out-of-home placement have failed, the child may be 
 76.10  interviewed if there is reason to believe the interview is 
 76.11  necessary to protect the child or other children in the 
 76.12  facility.  The commissioner of the agency responsible for 
 76.13  assessing or investigating the report or local agency must 
 76.14  provide the information required in this subdivision to the 
 76.15  parent, guardian, or legal custodian of a child interviewed 
 76.16  without parental notification as soon as possible after the 
 76.17  interview.  When the investigation is completed, any parent, 
 76.18  guardian, or legal custodian notified under this subdivision 
 76.19  shall receive the written memorandum provided for in subdivision 
 76.20  10d, paragraph (c). 
 76.21     (c) In conducting investigations under this subdivision the 
 76.22  commissioner or local welfare agency shall obtain access to 
 76.23  information consistent with subdivision 10, paragraphs (h), (i), 
 76.24  and (j).  In conducting assessments or investigations under this 
 76.25  subdivision, the commissioner of children, families, and 
 76.26  learning shall obtain access to reports and investigative data 
 76.27  in the possession of a school facility as defined under 
 76.28  subdivision 2, paragraph (f), notwithstanding the classification 
 76.29  of the data as educational or personnel data pursuant to chapter 
 76.30  13.  This includes, but is not limited to, school investigative 
 76.31  reports, information concerning the conduct of school personnel 
 76.32  alleged to have committed maltreatment of students, information 
 76.33  about witnesses, and any protective or corrective action taken 
 76.34  by the school facility regarding the school personnel alleged to 
 76.35  have committed maltreatment. 
 76.36     (d) Except for foster care and family child care, the 
 77.1   commissioner has the primary responsibility for the 
 77.2   investigations and notifications required under subdivisions 10d 
 77.3   and 10f for reports that allege maltreatment related to the care 
 77.4   provided by or in facilities licensed by the commissioner or 
 77.5   school facilities as defined in sections 120A.05, subdivisions 
 77.6   9, 11, and 13, and 124D.10.  The commissioner may request 
 77.7   assistance from the local social services agency. 
 77.8      Sec. 20.  Minnesota Statutes 2000, section 626.556, 
 77.9   subdivision 10d, is amended to read: 
 77.10     Subd. 10d.  [NOTIFICATION OF NEGLECT OR ABUSE IN FACILITY.] 
 77.11  (a) When a report is received that alleges neglect, physical 
 77.12  abuse, or sexual abuse of a child while in the care of a 
 77.13  licensed or unlicensed day care facility, residential facility, 
 77.14  agency, hospital, sanitarium, or other facility or institution 
 77.15  required to be licensed according to sections 144.50 to 144.58; 
 77.16  241.021; or 245A.01 to 245A.16; or chapter 245B, or a school as 
 77.17  defined in sections 120A.05, subdivisions 9, 11, and 13; and 
 77.18  124D.10; or a nonlicensed personal care provider organization as 
 77.19  defined in section 256B.04, subdivision 16, and 256B.0625, 
 77.20  subdivision 19a, the commissioner of the agency responsible for 
 77.21  assessing or investigating the report or local welfare agency 
 77.22  investigating the report shall provide the following information 
 77.23  to the parent, guardian, or legal custodian of a child alleged 
 77.24  to have been neglected, physically abused, or sexually abused:  
 77.25  the name of the facility; the fact that a report alleging 
 77.26  neglect, physical abuse, or sexual abuse of a child in the 
 77.27  facility has been received; the nature of the alleged neglect, 
 77.28  physical abuse, or sexual abuse; that the agency is conducting 
 77.29  an assessment or investigation; any protective or corrective 
 77.30  measures being taken pending the outcome of the investigation; 
 77.31  and that a written memorandum will be provided when the 
 77.32  investigation is completed. 
 77.33     (b) The commissioner of the agency responsible for 
 77.34  assessing or investigating the report or local welfare agency 
 77.35  may also provide the information in paragraph (a) to the parent, 
 77.36  guardian, or legal custodian of any other child in the facility 
 78.1   if the investigative agency knows or has reason to believe the 
 78.2   alleged neglect, physical abuse, or sexual abuse has occurred. 
 78.3   In determining whether to exercise this authority, the 
 78.4   commissioner of the agency responsible for assessing or 
 78.5   investigating the report or local welfare agency shall consider 
 78.6   the seriousness of the alleged neglect, physical abuse, or 
 78.7   sexual abuse; the number of children allegedly neglected, 
 78.8   physically abused, or sexually abused; the number of alleged 
 78.9   perpetrators; and the length of the investigation.  The facility 
 78.10  shall be notified whenever this discretion is exercised. 
 78.11     (c) When the commissioner of the agency responsible for 
 78.12  assessing or investigating the report or local welfare agency 
 78.13  has completed its investigation, every parent, guardian, or 
 78.14  legal custodian notified of the investigation by the 
 78.15  commissioner or local welfare agency shall be provided with the 
 78.16  following information in a written memorandum:  the name of the 
 78.17  facility investigated; the nature of the alleged neglect, 
 78.18  physical abuse, or sexual abuse; the investigator's name; a 
 78.19  summary of the investigation findings; a statement whether 
 78.20  maltreatment was found; and the protective or corrective 
 78.21  measures that are being or will be taken.  In the case of 
 78.22  maltreatment within a school facility, as defined in section 
 78.23  120A.05, subdivisions 9, 11, and 13, and 124D.10, the 
 78.24  commissioner of children, families, and learning need not 
 78.25  provide notification to parents, guardians, or legal custodians 
 78.26  of each child in the facility, but may provide notification as 
 78.27  is in the best interests of the safety and welfare of other 
 78.28  students in the school facility.  The memorandum shall be 
 78.29  written in a manner that protects the identity of the reporter 
 78.30  and the child and shall not contain the name, or to the extent 
 78.31  possible, reveal the identity of the alleged perpetrator or of 
 78.32  those interviewed during the investigation.  The commissioner or 
 78.33  local welfare agency shall also provide the written memorandum 
 78.34  to the parent, guardian, or legal custodian of each child in the 
 78.35  facility if maltreatment is determined to exist. 
 78.36     Sec. 21.  Minnesota Statutes 2000, section 626.556, 
 79.1   subdivision 10e, is amended to read: 
 79.2      Subd. 10e.  [DETERMINATIONS.] Upon the conclusion of every 
 79.3   assessment or investigation it conducts, the local welfare 
 79.4   agency shall make two determinations:  first, whether 
 79.5   maltreatment has occurred; and second, whether child protective 
 79.6   services are needed.  Upon the conclusion of an assessment or 
 79.7   investigation by the department of children, families, and 
 79.8   learning, the commissioner shall determine whether maltreatment 
 79.9   occurred and what corrective or protective action was taken by 
 79.10  the school facility.  The commissioner may require appropriate 
 79.11  corrective action including, but not limited to, training, 
 79.12  separation of student from employee, referral to school 
 79.13  administrator for disciplinary action pursuant to bargaining 
 79.14  agreement or other terms of employment, and reduction of state 
 79.15  funds if the district obstructs the investigation or refuses to 
 79.16  implement the commissioner's required corrective action under 
 79.17  section .....  When maltreatment is determined in an 
 79.18  investigation involving a facility, the investigating agency 
 79.19  shall also determine whether the facility or individual was 
 79.20  responsible, or whether both the facility and the individual 
 79.21  were responsible for the maltreatment using the mitigating 
 79.22  factors in paragraph (d).  Determinations under this subdivision 
 79.23  must be made based on a preponderance of the evidence. 
 79.24     (a) For the purposes of this subdivision, "maltreatment" 
 79.25  means any of the following acts or omissions committed by a 
 79.26  person responsible for the child's care: 
 79.27     (1) physical abuse as defined in subdivision 2, paragraph 
 79.28  (d); 
 79.29     (2) neglect as defined in subdivision 2, paragraph (c); 
 79.30     (3) sexual abuse as defined in subdivision 2, paragraph 
 79.31  (a); or 
 79.32     (4) mental injury as defined in subdivision 2, paragraph 
 79.33  (k). 
 79.34     (b) For the purposes of this subdivision, a determination 
 79.35  that child protective services are needed means that the local 
 79.36  welfare agency has documented conditions during the assessment 
 80.1   or investigation sufficient to cause a child protection worker, 
 80.2   as defined in section 626.559, subdivision 1, to conclude that a 
 80.3   child is at significant risk of maltreatment if protective 
 80.4   intervention is not provided and that the individuals 
 80.5   responsible for the child's care have not taken or are not 
 80.6   likely to take actions to protect the child from maltreatment or 
 80.7   risk of maltreatment. 
 80.8      (c) This subdivision does not mean that maltreatment has 
 80.9   occurred solely because the child's parent, guardian, or other 
 80.10  person responsible for the child's care in good faith selects 
 80.11  and depends upon spiritual means or prayer for treatment or care 
 80.12  of disease or remedial care of the child, in lieu of medical 
 80.13  care.  However, if lack of medical care may result in serious 
 80.14  danger to the child's health, the local welfare agency may 
 80.15  ensure that necessary medical services are provided to the child.
 80.16     (d) When determining whether the facility or individual is 
 80.17  the responsible party for determined maltreatment in a facility, 
 80.18  the investigating agency shall consider at least the following 
 80.19  mitigating factors: 
 80.20     (1) whether the actions of the facility or the individual 
 80.21  caregivers were according to, and followed the terms of, an 
 80.22  erroneous physician order, prescription, individual care plan, 
 80.23  or directive; however, this is not a mitigating factor when the 
 80.24  facility or caregiver was responsible for the issuance of the 
 80.25  erroneous order, prescription, individual care plan, or 
 80.26  directive or knew or should have known of the errors and took no 
 80.27  reasonable measures to correct the defect before administering 
 80.28  care; 
 80.29     (2) comparative responsibility between the facility, other 
 80.30  caregivers, and requirements placed upon an employee, including 
 80.31  the facility's compliance with related regulatory standards and 
 80.32  the adequacy of facility policies and procedures, facility 
 80.33  training, an individual's participation in the training, the 
 80.34  caregiver's supervision, and facility staffing levels and the 
 80.35  scope of the individual employee's authority and discretion; and 
 80.36     (3) whether the facility or individual followed 
 81.1   professional standards in exercising professional judgment. 
 81.2      Individual counties may implement more detailed definitions 
 81.3   or criteria that indicate which allegations to investigate, as 
 81.4   long as a county's policies are consistent with the definitions 
 81.5   in the statutes and rules and are approved by the county board.  
 81.6   Each local welfare agency shall periodically inform mandated 
 81.7   reporters under subdivision 3 who work in the county of the 
 81.8   definitions of maltreatment in the statutes and rules and any 
 81.9   additional definitions or criteria that have been approved by 
 81.10  the county board. 
 81.11     Sec. 22.  Minnesota Statutes 2000, section 626.556, 
 81.12  subdivision 10i, is amended to read: 
 81.13     Subd. 10i.  [ADMINISTRATIVE RECONSIDERATION OF FINAL 
 81.14  DETERMINATION OF MALTREATMENT.] (a) An individual or facility 
 81.15  that the commissioner or of human services, a local social 
 81.16  service agency, or the department of children, families, and 
 81.17  learning determines has maltreated a child, or the child's 
 81.18  designee, regardless of the determination, who contests the 
 81.19  investigating agency's final determination regarding 
 81.20  maltreatment, may request the investigating agency to reconsider 
 81.21  its final determination regarding maltreatment.  The request for 
 81.22  reconsideration must be submitted in writing to the 
 81.23  investigating agency within 15 calendar days after receipt of 
 81.24  notice of the final determination regarding maltreatment.  
 81.25     (b) If the investigating agency denies the request or fails 
 81.26  to act upon the request within 15 calendar days after receiving 
 81.27  the request for reconsideration, the person or facility entitled 
 81.28  to a fair hearing under section 256.045 may submit to the 
 81.29  commissioner of human services or the commissioner of children, 
 81.30  families, and learning a written request for a hearing under 
 81.31  that section.  Section 256.045 shall also govern hearings 
 81.32  requested to contest a final determination of the commissioner 
 81.33  of children, families, and learning. 
 81.34     (c) If, as a result of the reconsideration, the 
 81.35  investigating agency changes the final determination of 
 81.36  maltreatment, that agency shall notify the parties specified in 
 82.1   subdivisions 10b, 10d, and 10f. 
 82.2      (d) If an individual or facility contests the investigating 
 82.3   agency's final determination regarding maltreatment by 
 82.4   requesting a fair hearing under section 256.045, the 
 82.5   commissioner of human services shall assure that the hearing is 
 82.6   conducted and a decision is reached within 90 days of receipt of 
 82.7   the request for a hearing.  The time for action on the decision 
 82.8   may be extended for as many days as the hearing is postponed or 
 82.9   the record is held open for the benefit of either party. 
 82.10     Sec. 23.  Minnesota Statutes 2000, section 626.556, 
 82.11  subdivision 10j, is amended to read: 
 82.12     Subd. 10j.  [RELEASE OF DATA TO MANDATED REPORTERS.] A 
 82.13  local social services or child protection agency, or the agency 
 82.14  responsible for assessing or investigating the report of 
 82.15  maltreatment may provide relevant private data on individuals 
 82.16  obtained under this section to mandated reporters who have an 
 82.17  ongoing responsibility for the health, education, or welfare of 
 82.18  a child affected by the data, in the best interests of the 
 82.19  child.  Mandated reporters with ongoing responsibility for the 
 82.20  health, education, or welfare of a child affected by the data 
 82.21  include the child's teachers or other appropriate school 
 82.22  personnel, foster parents, health care providers, respite care 
 82.23  workers, therapists, social workers, child care providers, 
 82.24  residential care staff, crisis nursery staff, probation 
 82.25  officers, and court services personnel.  Under this section, a 
 82.26  mandated reporter need not have made the report to be considered 
 82.27  a person with ongoing responsibility for the health, education, 
 82.28  or welfare of a child affected by the data.  Data provided under 
 82.29  this section must be limited to data pertinent to the 
 82.30  individual's responsibility for caring for the child. 
 82.31     Sec. 24.  Minnesota Statutes 2000, section 626.556, 
 82.32  subdivision 11, is amended to read: 
 82.33     Subd. 11.  [RECORDS.] (a) Except as provided in paragraph 
 82.34  (b) and subdivisions 10b, 10d, 10g, and 11b, all records 
 82.35  concerning individuals maintained by a local welfare agency or 
 82.36  agency responsible for assessing or investigating the report 
 83.1   under this section, including any written reports filed under 
 83.2   subdivision 7, shall be private data on individuals, except 
 83.3   insofar as copies of reports are required by subdivision 7 to be 
 83.4   sent to the local police department or the county sheriff.  
 83.5   Reports maintained by any police department or the county 
 83.6   sheriff shall be private data on individuals except the reports 
 83.7   shall be made available to the investigating, petitioning, or 
 83.8   prosecuting authority, including county medical examiners or 
 83.9   county coroners.  Section 13.82, subdivisions 7, 5a, and 5b, 
 83.10  apply to law enforcement data other than the reports.  The local 
 83.11  social services agency or agency responsible for assessing or 
 83.12  investigating the report shall make available to the 
 83.13  investigating, petitioning, or prosecuting authority, including 
 83.14  county medical examiners or county coroners or their 
 83.15  professional delegates, any records which contain information 
 83.16  relating to a specific incident of neglect or abuse which is 
 83.17  under investigation, petition, or prosecution and information 
 83.18  relating to any prior incidents of neglect or abuse involving 
 83.19  any of the same persons.  The records shall be collected and 
 83.20  maintained in accordance with the provisions of chapter 13.  In 
 83.21  conducting investigations and assessments pursuant to this 
 83.22  section, the notice required by section 13.04, subdivision 2, 
 83.23  need not be provided to a minor under the age of ten who is the 
 83.24  alleged victim of abuse or neglect.  An individual subject of a 
 83.25  record shall have access to the record in accordance with those 
 83.26  sections, except that the name of the reporter shall be 
 83.27  confidential while the report is under assessment or 
 83.28  investigation except as otherwise permitted by this 
 83.29  subdivision.  Any person conducting an investigation or 
 83.30  assessment under this section who intentionally discloses the 
 83.31  identity of a reporter prior to the completion of the 
 83.32  investigation or assessment is guilty of a misdemeanor.  After 
 83.33  the assessment or investigation is completed, the name of the 
 83.34  reporter shall be confidential.  The subject of the report may 
 83.35  compel disclosure of the name of the reporter only with the 
 83.36  consent of the reporter or upon a written finding by the court 
 84.1   that the report was false and that there is evidence that the 
 84.2   report was made in bad faith.  This subdivision does not alter 
 84.3   disclosure responsibilities or obligations under the rules of 
 84.4   criminal procedure. 
 84.5      (b) Upon request of the legislative auditor, data on 
 84.6   individuals maintained under this section must be released to 
 84.7   the legislative auditor in order for the auditor to fulfill the 
 84.8   auditor's duties under section 3.971.  The auditor shall 
 84.9   maintain the data in accordance with chapter 13.  
 84.10     (c) Notwithstanding any law to the contrary, the 
 84.11  commissioner of children, families, and learning shall obtain 
 84.12  access to all data in possession of a school facility as defined 
 84.13  in subdivision 2, paragraph (f), when the data is requested 
 84.14  pursuant to an assessment or investigation of a maltreatment 
 84.15  report of a student by school personnel or a school district.  
 84.16  The commissioner of children, families, and learning and the 
 84.17  board of teaching, the board of nursing, the board of social 
 84.18  work, and the board of cosmetology shall exchange data pertinent 
 84.19  to maltreatment investigations so that each entity can carry out 
 84.20  its statutory duties.  The identity of any confidential 
 84.21  reporter, the student, and the employee, received by the boards 
 84.22  or the commissioner shall remain confidential according to this 
 84.23  section. 
 84.24                             ARTICLE 6 
 84.25                     FACILITIES AND TECHNOLOGY 
 84.26     Section 1.  Minnesota Statutes 2000, section 16B.616, 
 84.27  subdivision 4, is amended to read: 
 84.28     Subd. 4.  [ENFORCEMENT.] (a) A statutory or home rule 
 84.29  charter city that is not covered by the code because of action 
 84.30  taken under section 16B.72 or 16B.73 is responsible for 
 84.31  enforcement in the city of the code's requirements for bleacher 
 84.32  safety.  In all other areas where the code does not apply 
 84.33  because of action taken under section 16B.72 or 16B.73, the 
 84.34  county is responsible for enforcement of those requirements. 
 84.35     (b) Municipalities that have not adopted the code may 
 84.36  enforce the code requirements for bleacher safety by either 
 85.1   entering into a joint powers agreement for enforcement with 
 85.2   another municipality that has adopted the code or contracting 
 85.3   for enforcement with a qualified and certified building official 
 85.4   or state licensed design professional to enforce the code. 
 85.5      (c) Municipalities, school districts, organizations, 
 85.6   individuals, and other persons operating or owning places of 
 85.7   public accommodation with bleachers that are subject to the 
 85.8   safety requirements in subdivision 3 shall provide a signed 
 85.9   certification of compliance to the commissioner by January 1, 
 85.10  2002.  For bleachers subject to the exception in subdivision 3, 
 85.11  clause (1), entities covered by this paragraph must have on file 
 85.12  a bleacher safety management plan and amortization schedule.  
 85.13  The certification shall be prepared by a qualified and certified 
 85.14  building official or state licensed design professional and 
 85.15  shall certify that the bleachers have been inspected and are in 
 85.16  compliance with the requirements of this section and are 
 85.17  structurally sound.  For bleachers owned by a school district or 
 85.18  nonpublic school, the person the district or nonpublic school 
 85.19  designates to be responsible for buildings and grounds may make 
 85.20  the certification. 
 85.21     Sec. 2.  Minnesota Statutes 2000, section 123A.442, 
 85.22  subdivision 2, is amended to read: 
 85.23     Subd. 2.  [COOPERATION AND COMBINATION OR CONSOLIDATION.] 
 85.24  Districts that receive a cooperative secondary facilities 
 85.25  grant after May 1, 1991, shall: 
 85.26     (1) submit a plan as set forth in section 123A.36 or 
 85.27  123A.48 for approval by the state board of education 
 85.28  commissioner; and 
 85.29     (2) hold a referendum on approving the question of 
 85.30  combination no later than four years or consolidation prior to 
 85.31  the receipt of state funds after a grant is awarded under 
 85.32  subdivision 1. 
 85.33     The districts are eligible for cooperation and combination 
 85.34  or consolidation revenue under section 123A.39, subdivision 3, 
 85.35  or 123A.485.  
 85.36     Sec. 3.  Minnesota Statutes 2000, section 123B.57, 
 86.1   subdivision 3, is amended to read: 
 86.2      Subd. 3.  [HEALTH AND SAFETY REVENUE.] A district's health 
 86.3   and safety revenue for a fiscal year equals: 
 86.4      (1) the sum of (a) the total approved cost of the 
 86.5   district's hazardous substance plan for fiscal years 1985 
 86.6   through 1989, plus (b) the total approved cost of the district's 
 86.7   health and safety program for fiscal year 1990 through the 
 86.8   fiscal year to which the levy is attributable, excluding 
 86.9   expenditures funded with bonds issued under section 123B.59 or 
 86.10  123B.62, or chapter 475, certificates of indebtedness or capital 
 86.11  notes under section 123B.61, levies under section 123B.58, 
 86.12  123B.59, 123B.63, or 126C.40, subdivision 1 or 6, and other 
 86.13  federal, state, or local revenues, minus 
 86.14     (2) the sum of (a) the district's total hazardous substance 
 86.15  aid and levy for fiscal years 1985 through 1989 under sections 
 86.16  124.245 and 275.125, subdivision 11c, plus (b) the district's 
 86.17  health and safety revenue under this subdivision, for years 
 86.18  before the fiscal year to which the levy is attributable, plus 
 86.19  (c) the amount of other federal, state, or local receipts for 
 86.20  the district's hazardous substance or health and safety programs 
 86.21  for fiscal year 1985 through the fiscal year to which the levy 
 86.22  is attributable. 
 86.23     Sec. 4.  Minnesota Statutes 2000, section 123B.57, 
 86.24  subdivision 6, is amended to read: 
 86.25     Subd. 6.  [USES OF HEALTH AND SAFETY REVENUE.] Health and 
 86.26  safety revenue may be used only for approved expenditures 
 86.27  necessary to correct fire safety hazards, life safety hazards, 
 86.28  or for the removal or encapsulation of asbestos from school 
 86.29  buildings or property owned or being acquired by the district, 
 86.30  asbestos-related repairs, cleanup and disposal of 
 86.31  polychlorinated biphenyls found in school buildings or 
 86.32  property owned or being acquired by the district, or the 
 86.33  cleanup, removal, disposal, and repairs related to storing 
 86.34  heating fuel or transportation fuels such as alcohol, gasoline, 
 86.35  fuel oil, and special fuel, as defined in section 296A.01, labor 
 86.36  and industry regulated facility and equipment hazards, and 
 87.1   health, safety, and environmental management.  Health and safety 
 87.2   revenue must not be used to finance a lease purchase agreement, 
 87.3   installment purchase agreement, or other deferred payments 
 87.4   agreement.  Health and safety revenue must not be used for the 
 87.5   construction of new facilities or the purchase of portable 
 87.6   classrooms, interest or other financing expenses, or for energy 
 87.7   efficiency projects under section 123B.65.  The revenue may not 
 87.8   be used for a building or property or part of a building or 
 87.9   property used for post-secondary instruction or administration 
 87.10  or for a purpose unrelated to elementary and secondary education.
 87.11     Sec. 5.  Minnesota Statutes 2000, section 123B.71, 
 87.12  subdivision 1, is amended to read: 
 87.13     Subdivision 1.  [CONSULTATION.] A school district shall 
 87.14  consult with the commissioner of children, families, and 
 87.15  learning before developing any plans and specifications to 
 87.16  construct, remodel, or improve the building or site of an 
 87.17  educational facility for which the estimated cost exceeds 
 87.18  $100,000 $250,000.  This consultation shall occur before a 
 87.19  referendum for bonds, solicitation for bids, or use of capital 
 87.20  expenditure facilities revenue according to section 126C.10, 
 87.21  subdivision 14, clause (2).  The commissioner may require the 
 87.22  district to participate in a management assistance plan before 
 87.23  conducting a review and comment on the project. 
 87.24     Sec. 6.  Minnesota Statutes 2000, section 123B.71, 
 87.25  subdivision 4, is amended to read: 
 87.26     Subd. 4.  [PLAN SUBMITTAL.] For a project for which 
 87.27  consultation is required under subdivision 1, the commissioner, 
 87.28  after the consultation required in subdivision 1, may require a 
 87.29  school district to submit the following preliminary and final 
 87.30  plans for approval:  
 87.31     (a) two sets of preliminary plans for each new building or 
 87.32  addition, and 
 87.33     (b) one set of final plans for each construction, 
 87.34  remodeling, or site improvement project.  The commissioner shall 
 87.35  approve or disapprove the plans within 90 days after submission. 
 87.36     Final plans shall meet all applicable state laws, rules, 
 88.1   and codes concerning public buildings, including sections 16B.59 
 88.2   to 16B.73.  The department may furnish to a school district 
 88.3   plans and specifications for temporary school buildings 
 88.4   containing two classrooms or less.  
 88.5      Sec. 7.  Minnesota Statutes 2000, section 123B.71, 
 88.6   subdivision 8, is amended to read: 
 88.7      Subd. 8.  [REVIEW AND COMMENT.] A school district, a 
 88.8   special education cooperative, or a cooperative unit of 
 88.9   government, as defined in section 123A.24, subdivision 2, must 
 88.10  not initiate an installment contract for purchase or a lease 
 88.11  agreement, hold a referendum for bonds, nor solicit bids for new 
 88.12  construction, expansion, or remodeling of an educational 
 88.13  facility that requires an expenditure in excess 
 88.14  of $400,000 $750,000 per school site prior to review and comment 
 88.15  by the commissioner.  The commissioner may exempt a facility 
 88.16  maintenance project funded with general education aid and levy 
 88.17  or health and safety revenue from this provision after reviewing 
 88.18  a written request from a school district describing the scope of 
 88.19  work.  A school board shall not separate portions of a single 
 88.20  project into components to avoid the requirements of this 
 88.21  subdivision. 
 88.22     Sec. 8.  Minnesota Statutes 2000, section 123B.71, 
 88.23  subdivision 9, is amended to read: 
 88.24     Subd. 9.  [INFORMATION REQUIRED.] A school board proposing 
 88.25  to construct a facility described in subdivision 8 shall submit 
 88.26  to the commissioner a proposal containing information including 
 88.27  at least the following: 
 88.28     (a) the geographic area proposed to be served, whether 
 88.29  within or outside the boundaries of the school district; 
 88.30     (b) the people proposed to be served, including census 
 88.31  findings and projections for the next ten years of the number of 
 88.32  preschool and school-aged people in the area; 
 88.33     (c) the reasonably anticipated need for the facility or 
 88.34  service to be provided; 
 88.35     (d) a description of the construction in reasonable detail, 
 88.36  including:  the expenditures contemplated; the estimated annual 
 89.1   operating cost, including the anticipated salary and number of 
 89.2   new staff necessitated by the proposal; and an evaluation of the 
 89.3   energy efficiency and effectiveness of the construction, 
 89.4   including estimated annual energy costs; and a description of 
 89.5   the telephone capabilities of the facility and its classrooms; 
 89.6      (e) a description of existing facilities within the area to 
 89.7   be served and within school districts adjacent to the area to be 
 89.8   served; the extent to which existing facilities or services are 
 89.9   used; the extent to which alternate space is available, 
 89.10  including other school districts, post-secondary institutions, 
 89.11  other public or private buildings, or other noneducation 
 89.12  community resources; and the anticipated effect that the 
 89.13  facility will have on existing facilities and services; 
 89.14     (f) the anticipated benefit of the facility to the area; 
 89.15     (g) if known, the relationship of the proposed construction 
 89.16  to any priorities that have been established for the area to be 
 89.17  served; 
 89.18     (h) the availability and manner of financing the facility 
 89.19  and the estimated date to begin and complete the facility; 
 89.20     (i) desegregation requirements that cannot be met by any 
 89.21  other reasonable means; 
 89.22     (j) the relationship of the proposed facility to the 
 89.23  cooperative integrated learning needs of the area; 
 89.24     (k) the effects of the proposed facility on the district's 
 89.25  operating budget; 
 89.26     (l) the level of collaboration at the facility between the 
 89.27  district and other governmental or nonprofit entities; and 
 89.28     (m) the extent to which the district has minimized 
 89.29  administrative overhead among facilities. 
 89.30     (1) the geographic area and population to be served, 
 89.31  preschool through grade 12 student enrollments for the past five 
 89.32  years, and student enrollment projections for the next five 
 89.33  years; 
 89.34     (2) a list of existing facilities and their utilization and 
 89.35  a discussion of the extent to which alternate facilities are 
 89.36  available within the school district boundaries or in adjacent 
 90.1   school districts; 
 90.2      (3) a list of the specific deficiencies of the facility 
 90.3   that demonstrate the need for a new or renovated facility to be 
 90.4   provided, and a list of the specific benefits that the new or 
 90.5   renovated facility will provide to the students, teachers, and 
 90.6   community users served by the facility; 
 90.7      (4) the relationship of the project to any priorities 
 90.8   established by the school district, educational cooperatives 
 90.9   that provide support services, or other public bodies in the 
 90.10  service area; 
 90.11     (5) a specification of how the project will increase 
 90.12  community use of the facility and whether and how the project 
 90.13  will increase collaboration with other governmental or nonprofit 
 90.14  entities; 
 90.15     (6) a description of the project, including the 
 90.16  specification of site and outdoor space acreage and square 
 90.17  footage allocations for classrooms, laboratories, and support 
 90.18  spaces; estimated expenditures for the major portions of the 
 90.19  project; and the dates the project will begin and be completed; 
 90.20     (7) a specification of the source of financing the project; 
 90.21  the scheduled date for a bond issue or school board action; a 
 90.22  schedule of payments, including debt service equalization aid; 
 90.23  and the effect of a bond issue on local property taxes by the 
 90.24  property class and valuation; 
 90.25     (8) an analysis of how the proposed new or remodeled 
 90.26  facility will affect school district operational or 
 90.27  administrative staffing costs, and how the district's operating 
 90.28  budget will cover any increased operational or administrative 
 90.29  staffing costs; 
 90.30     (9) a description of the consultation with local or state 
 90.31  road and transportation officials on school site access and 
 90.32  safety issues, and the ways that the project will address those 
 90.33  issues; 
 90.34     (10) a description of how indoor air quality issues have 
 90.35  been considered and a certification that the architects and 
 90.36  engineers designing the facility will have professional 
 91.1   liability insurance; 
 91.2      (11) as required under section 123B.72, for buildings 
 91.3   coming into service after July 1, 2002, a certification that the 
 91.4   plans and designs for the extensively renovated or new 
 91.5   facility's heating, ventilation, and air conditioning systems 
 91.6   will meet or exceed code standards, will provide for the 
 91.7   monitoring of outdoor airflow and total airflow of ventilation 
 91.8   systems, and will provide an indoor air quality filtration 
 91.9   system that meets ASHRAE standard 52.1; and 
 91.10     (12) a specification of any desegregation requirements that 
 91.11  cannot be met by any other reasonable means. 
 91.12     Sec. 9.  [REPEALER.] 
 91.13     Minnesota Statutes 2000, section 123B.71, subdivisions 3 
 91.14  and 10, are repealed. 
 91.15                             ARTICLE 7 
 91.16                             LIBRARIES 
 91.17     Section 1.  Minnesota Statutes 2000, section 134.31, 
 91.18  subdivision 5, is amended to read: 
 91.19     Subd. 5.  [ADVISORY COMMITTEE.] The commissioner shall 
 91.20  appoint an advisory committee of five members to advise the 
 91.21  staff of the Minnesota library for the blind and physically 
 91.22  handicapped on long-range plans and library services.  Members 
 91.23  shall be people who use the library.  Section 15.059 governs 
 91.24  this committee except that the committee shall expire on June 
 91.25  30, 2001 2005. 
 91.26     Sec. 2.  [REPEALER.] 
 91.27     Minnesota Rules, parts 3530.2610; 3530.2612; 3530.2614; 
 91.28  3530.2616; 3530.2618; 3530.2620; 3530.2622; 3530.2624; 
 91.29  3530.2626; 3530.2628; 3530.2630; 3530.2632; 3530.2634; 
 91.30  3530.2636; 3530.2638; 3530.2640; 3530.2642; and 3530.2644, are 
 91.31  repealed. 
 91.32                             ARTICLE 8 
 91.33               ADVISORY COMMITTEES AND MISCELLANEOUS 
 91.34                     K-12 EDUCATION PROVISIONS 
 91.35     Section 1.  Minnesota Statutes 2000, section 120A.22, 
 91.36  subdivision 10, is amended to read: 
 92.1      Subd. 10.  [REQUIREMENTS FOR INSTRUCTORS.] A person who is 
 92.2   providing instruction to a child must meet at least one of the 
 92.3   following requirements:  
 92.4      (1) hold a valid Minnesota teaching license in the field 
 92.5   and for the grade level taught; 
 92.6      (2) be directly supervised by a person holding a valid 
 92.7   Minnesota teaching license; 
 92.8      (3) successfully complete a teacher competency examination; 
 92.9      (4) provide instruction in a school that is accredited by 
 92.10  an accrediting agency, recognized according to section 123B.445, 
 92.11  or recognized by the commissioner; 
 92.12     (5) hold a baccalaureate degree; or 
 92.13     (6) be the parent of a child who is assessed according to 
 92.14  the procedures in subdivision 11 and be at least a high school 
 92.15  graduate.  
 92.16     Any person providing instruction in a public school must 
 92.17  meet the requirements of clause (1). 
 92.18     Sec. 2.  Minnesota Statutes 2000, section 120A.22, 
 92.19  subdivision 11, is amended to read: 
 92.20     Subd. 11.  [ASSESSMENT OF PERFORMANCE.] (a) Each year the 
 92.21  performance of every child who is not enrolled in a public 
 92.22  school must be assessed using a nationally norm-referenced 
 92.23  standardized achievement examination.  The superintendent of the 
 92.24  district in which the child receives instruction and the person 
 92.25  in charge of the child's instruction must agree about the 
 92.26  specific examination to be used and the administration and 
 92.27  location of the examination.  
 92.28     (b) To the extent the examination in paragraph (a) does not 
 92.29  provide assessment in all of the subject areas in subdivision 9, 
 92.30  the parent must assess the child's performance in the applicable 
 92.31  subject area.  This requirement applies only to a parent who 
 92.32  provides instruction and does not meet the requirements of 
 92.33  subdivision 10, clause (1), (2), or (3).  
 92.34     (c) The results of any assessments under paragraphs (a) and 
 92.35  (b) must be submitted to the superintendent of the district in 
 92.36  which the child receives instruction.  
 93.1      (d) If the results of the assessments in paragraphs (a) and 
 93.2   (b) indicate that the child's performance on the total battery 
 93.3   score is at or below the 30th percentile or one grade level 
 93.4   below the performance level for children of the same age, the 
 93.5   parent must obtain additional evaluation of the child's 
 93.6   abilities and performance for the purpose of determining whether 
 93.7   the child has learning problems.  
 93.8      (d) (e) A child receiving instruction from a nonpublic 
 93.9   school, person, or institution that is accredited by an 
 93.10  accrediting agency, recognized according to section 123B.445, or 
 93.11  recognized by the commissioner, is exempt from the requirements 
 93.12  of this subdivision.  
 93.13     Sec. 3.  Minnesota Statutes 2000, section 124D.80, 
 93.14  subdivision 1, is amended to read: 
 93.15     Subdivision 1.  [ESTABLISHMENT.] The commissioner of 
 93.16  children, families, and learning shall create one or more an 
 93.17  18-member American Indian education committees committee.  The 
 93.18  commissioner must appoint members with the assistance of the 
 93.19  Indian affairs council as provided under section 3.922, 
 93.20  subdivision 6.  Members must include representatives of tribal 
 93.21  bodies, community groups, parents of children eligible to be 
 93.22  served by the programs, American Indian administrators and 
 93.23  teachers, persons experienced in the training of teachers for 
 93.24  American Indian education programs, persons involved in programs 
 93.25  for American Indian children in American Indian schools, and 
 93.26  persons knowledgeable in the field of American Indian 
 93.27  education.  Members shall be appointed so as to be 
 93.28  representative of significant segments of the population of 
 93.29  American Indians, with membership consisting of representatives 
 93.30  from the 11 reservations and the Minnesota Chippewa tribe, the 
 93.31  chair of the Minnesota Indian affairs council, urban advisory 
 93.32  council, and five urban at-large representatives, two of which 
 93.33  reside in the metropolitan area, one of which resides in the 
 93.34  Duluth area, one of which resides in the Bemidji area, and one 
 93.35  of which resides in the southern region of the state.  
 93.36     Sec. 4.  Minnesota Statutes 2000, section 124D.80, 
 94.1   subdivision 2, is amended to read: 
 94.2      Subd. 2.  [COMMITTEE TO ADVISE COMMISSIONER.] Each The 
 94.3   committee on American Indian education programs shall advise the 
 94.4   commissioner in the administration of the commissioner's duties 
 94.5   under sections 124D.71 to 124D.82 and other programs for the 
 94.6   education of American Indian people, as determined by the 
 94.7   commissioner.  The committee shall also provide advice to the 
 94.8   commissioner in awarding scholarships to eligible American 
 94.9   Indian students and in administering the commissioner's duties 
 94.10  regarding awarding of American Indian post-secondary preparation 
 94.11  grants to school districts.  The committee may work in multiple 
 94.12  subcommittees focused on general Indian education issues and 
 94.13  scholarship-related issues.  
 94.14     Sec. 5.  Minnesota Statutes 2000, section 124D.80, 
 94.15  subdivision 3, is amended to read: 
 94.16     Subd. 3.  [EXPENSES; EXPIRATION.] Each The committee must 
 94.17  be reimbursed for expenses according to section 15.059, 
 94.18  subdivision 6.  The commissioner must determine the membership 
 94.19  terms and the duration of each the committee, which shall expire 
 94.20  no later than June 30, 2001 2005. 
 94.21     Sec. 6.  Minnesota Statutes 2000, section 127A.30, is 
 94.22  amended to read: 
 94.23     127A.30 [PERMANENT SCHOOL FUND ADVISORY COMMITTEE.] 
 94.24     A state permanent school fund advisory committee is 
 94.25  established to advise the department of natural resources on the 
 94.26  management of permanent school fund land, which is held in trust 
 94.27  for the school districts of the state.  The advisory committee 
 94.28  must consist of the following persons or their designees:  the 
 94.29  chairs of the education committees of the legislature, the 
 94.30  chairs of the senate committee on finance and house committee on 
 94.31  ways and means, the commissioner of children, families, and 
 94.32  learning, one superintendent from a nonmetropolitan district, 
 94.33  and one superintendent from a metropolitan area district.  The 
 94.34  school district superintendents shall be appointed by the 
 94.35  commissioner of children, families, and learning.  The advisory 
 94.36  committee shall expire June 30, 2005. 
 95.1      The advisory committee shall review the policies of the 
 95.2   department of natural resources and current statutes on 
 95.3   management of school trust fund lands at least semiannually and 
 95.4   shall recommend necessary changes in statutes, policy, and 
 95.5   implementation in order to ensure provident utilization of the 
 95.6   permanent school fund lands. 
 95.7      Sec. 7.  [REPEALER.] 
 95.8      Minnesota Statutes 2000, section 124D.07, is repealed.