as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 02/22/2001 |
1.1 A bill for an act 1.2 relating to education; families and early childhood 1.3 education; kindergarten through grade 12; providing 1.4 for early childhood programs, prevention, 1.5 self-sufficiency and lifelong learning, general 1.6 education, education excellence, special education, 1.7 facilities and technology, nutrition programs, 1.8 libraries, and state agencies; appropriating money; 1.9 amending Minnesota Statutes 2000, sections 119A.12, by 1.10 adding subdivisions; 119A.13, subdivision 4; 119A.21; 1.11 119A.22; 119B.011, subdivisions 7, 19, and by adding a 1.12 subdivision; 119B.02, subdivisions 1 and 2; 119B.03, 1.13 subdivisions 3, 9, and 10; 119B.05, subdivision 5; 1.14 119B.08; 119B.09, subdivisions 1, 2, and 7; 119B.10; 1.15 119B.11, subdivision 1; 119B.12, subdivision 2; 1.16 119B.13, subdivisions 1 and 6; 119B.15; 120B.30, 1.17 subdivision 1; 120B.35; 123B.53, subdivisions 2, 4, 1.18 and 5; 123B.54; 124D.531, subdivision 3; 124D.74, 1.19 subdivisions 1, 2, 3, 4, and 6; 124D.75, subdivision 1.20 6; 124D.76; 124D.78, subdivision 1; 124D.81, 1.21 subdivisions 1, 3, 5, 6, and 7; 125B.20, subdivision 1.22 1; 126C.05, subdivision 1; 126C.10, subdivisions 1, 2, 1.23 3, 4, 5, 7, 8, 9, 13, 18, 19, 20, 21, 22, and by 1.24 adding a subdivision; 126C.12, subdivision 1; 126C.16, 1.25 by adding a subdivision; 126C.17, subdivision 2; 1.26 126C.63, by adding a subdivision; 126C.69, 1.27 subdivisions 3, 9, and 12; 126C.72, by adding a 1.28 subdivision; 127A.45, subdivision 12, and by adding a 1.29 subdivision; and 475.53, subdivision 4; proposing 1.30 coding for new law in Minnesota Statutes, chapters 1.31 119A; 122A; 124D; and 134; repealing Minnesota 1.32 Statutes 2000, sections 119A.13, subdivisions 1, 2, 1.33 and 3; 119A.14, subdivision 2; 119A.23; 119B.011, 1.34 subdivision 20; 119B.03, subdivisions 1, 2, 4, 5, 6, 1.35 6a, and 8; 119B.05, subdivision 1; 119B.061; 119B.07; 1.36 119B.09, subdivision 3; 119B.11, subdivision 4; 1.37 124D.1155; 124D.33; 124D.331; 124D.85; 125B.20, 1.38 subdivision 3; 126C.10, subdivisions 9, 10, 11, 12, 1.39 23, 24, 25, 26, 27, and 28; 126C.11; and 127A.50. 1.40 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.41 ARTICLE 1 1.42 EARLY CHILDHOOD PROGRAMS 2.1 Section 1. Minnesota Statutes 2000, section 119B.011, 2.2 subdivision 7, is amended to read: 2.3 Subd. 7. [CHILD CARE SERVICES.] "Child care services" 2.4 means child care as defined in subdivision 5, providedin family2.5day care homes, group day care homes, nursery schools, day2.6nurseries, child day care centers, head start, and extended day2.7school age child care programsin or out of the child's home. 2.8 Sec. 2. Minnesota Statutes 2000, section 119B.011, 2.9 subdivision 19, is amended to read: 2.10 Subd. 19. [PROVIDER.] "Provider" meansa child care2.11license holder who operates a family child care home, a group2.12family child care home, a child care center, a nursery school, a2.13day nursery, a school age care program; a license-exempt school2.14age care program operating under the auspices of a local school2.15board or a park or recreation board of a city of the first class2.16that has adopted school age care guidelines which meet or exceed2.17guidelines recommended by the department, or a nonlicensedan 2.18 individual or child care center or facility either licensed or 2.19 unlicensed providing legal child care services as defined under 2.20 section 245A.03. A legally unlicensed registered family child 2.21 care providerwho ismust be at least 18 years of age, andwho2.22isnot a member of the MFIP assistance unit or a member of the 2.23 family receiving child care assistance under this chapter. 2.24 Sec. 3. Minnesota Statutes 2000, section 119B.011, is 2.25 amended by adding a subdivision to read: 2.26 Subd. 19a. [STUDENT.] "Student" means an individual 2.27 enrolled in an education program. A student is a full-time 2.28 student if enrolled in an education program a minimum equivalent 2.29 of 12 credits or 20 hours of classroom training per week. A 2.30 student is considered a part-time student if enrolled in an 2.31 education program up to the minimum of full-time student status. 2.32 Sec. 4. Minnesota Statutes 2000, section 119B.02, 2.33 subdivision 1, is amended to read: 2.34 Subdivision 1. [CHILD CARE SERVICES.] The commissioner 2.35 shall develop standards for county and human services boards to 2.36 provide child care services to enable eligible families to 3.1 participate in employment, training, or education programs. 3.2Within the limits of available appropriations,The commissioner 3.3 shall distribute money to counties to reduce the costs of child 3.4 care for eligible families. The commissioner shall adopt rules 3.5 to govern the program in accordance with this section. The 3.6 rules must establish a sliding schedule of fees for parents 3.7 receiving child care services. The rules shall provide that 3.8 funds received as a lump sum payment of child support arrearages 3.9 shall not be counted as income to a family in the month received 3.10 but shall be prorated over the 12 months following receipt and 3.11 added to the family income during those months.In the rules3.12adopted under this section, county and human services boards3.13shall be authorized to establish policies for payment of child3.14care spaces for absent children, when the payment is required by3.15the child's regular provider. The rules shall not set a maximum3.16number of days for which absence payments can be made, but3.17instead shall direct the county agency to set limits and pay for3.18absences according to the prevailing market practice in the3.19county. County policies for payment of absences shall be3.20subject to the approval of the commissioner.The commissioner 3.21 shall maximize the use of federal money under title I and title 3.22 IV of Public Law Number 104-193, the Personal Responsibility and 3.23 Work Opportunity Reconciliation Act of 1996, and other programs 3.24 that provide federal or state reimbursement for child care 3.25 services for low-income families who are in education, training, 3.26 job search, or other activities allowed under those programs. 3.27 Money appropriated under this section must be coordinated with 3.28 the programs that provide federal reimbursement for child care 3.29 services to accomplish this purpose.Federal reimbursement3.30obtained must be allocated to the county that spent money for3.31child care that is federally reimbursable under programs that3.32provide federal reimbursement for child care services.The 3.33countiescommissioner shall use the federal money to expand 3.34 child care services. The commissioner may adopt rules under 3.35 chapter 14 to implement and coordinate federal program 3.36 requirements. If the November forecast shows biennial 4.1 expenditures projected to be above 110 percent of the biennial 4.2 appropriation, the commissioner, in conjunction with the 4.3 commissioner of finance, shall prepare a plan to bring biennial 4.4 program spending to within 110 percent of the consolidated child 4.5 care assistance appropriation for that biennium. The proposal 4.6 to control program expenditures will be delivered to the 4.7 legislature or legislative advisory commission by January 15 4.8 following the November forecast. The proposal will take effect 4.9 ten days following the release of the February forecast if the 4.10 forecast continues to exceed the 110 percent limit unless the 4.11 legislature enacts an alternative solution. 4.12 Sec. 5. Minnesota Statutes 2000, section 119B.02, 4.13 subdivision 2, is amended to read: 4.14 Subd. 2. [CONTRACTUAL AGREEMENTS WITH TRIBES.] The 4.15 commissioner may enter into contractual agreements with a 4.16 federally recognized Indian tribe with a reservation in 4.17 Minnesota to carry out the responsibilities of county human 4.18 service agencies to the extent necessary for the tribe to 4.19 operate child care assistance programs for families eligible 4.20 under sections119B.03119B.09 and119B.05119B.10. An 4.21 agreement may allow for the tribe to be reimbursed for child 4.22 care assistance services provided under section 119B.05. The 4.23 commissioner shall consult with the affected county or counties 4.24 in the contractual agreement negotiations, if the county or 4.25 counties wish to be included, in order to avoid the duplication 4.26 of county and tribal child care services.Funding to support4.27services under section 119B.03 may be transferred to the4.28federally recognized Indian tribe with a reservation in4.29Minnesota from allocations available to counties in which4.30reservation boundaries lie. When funding is transferred under4.31section 119B.03, the amount shall be commensurate to estimates4.32of the proportion of reservation residents with characteristics4.33identified in section 119B.03, subdivision 6, to the total4.34population of county residents with those same characteristics.4.35 Sec. 6. Minnesota Statutes 2000, section 119B.03, 4.36 subdivision 3, is amended to read: 5.1 Subd. 3. [ELIGIBLE PARTICIPANTS.] Families that meet the 5.2 eligibility requirements under sections119B.07,119B.09,and 5.3 119B.10,except MFIP participants, work first participants, and5.4transition year familiesare eligible for child care 5.5 assistanceunder the basic sliding feethrough the child care 5.6 assistance program. Families enrolled in thebasic sliding fee5.7 child care assistance program shall be continued until they are 5.8 no longer eligible. Child care assistance provided through the 5.9 child care fund is considered assistance to the parent. 5.10 Sec. 7. Minnesota Statutes 2000, section 119B.03, 5.11 subdivision 9, is amended to read: 5.12 Subd. 9. [PORTABILITY POOLFAMILY MOVE; CONTINUED 5.13 PARTICIPATION.] (a)The commissioner shall establish a pool of5.14up to five percent of the annual appropriation for the basic5.15sliding fee program to provide continuous child care assistance5.16for eligible families who move between Minnesota counties. At5.17the end of each allocation period, any unspent funds in the5.18portability pool must be used for assistance under the basic5.19sliding fee program. If expenditures from the portability pool5.20exceed the amount of money available, the reallocation pool must5.21be reduced to cover these shortages.5.22(b) To be eligible for portable basic sliding fee5.23assistance, a family that has moved from a county in which itA 5.24 family receiving child care assistance under the child care fund 5.25 that has moved from a county in which the family was receiving 5.26basic sliding feechild care assistance toaanother county 5.27with a waiting list for the basic sliding fee programmust be 5.28 admitted into the receiving county's child care assistance 5.29 program if the family: 5.30 (1)meetmeets the income and eligibility guidelines for 5.31 thebasic sliding feechild care assistance program; and 5.32 (2)notifynotifies the new county of residence within305.33 60 days of moving andapplyapplies forbasic sliding fee5.34 child care assistance in the new county of residence. 5.35(c)(b) The receiving county must:5.36(1)accept administrative responsibilityfor applicants for6.1portable basic sliding fee assistanceat the end of the two 6.2 months of assistance under the Unitary Residency Act;. 6.3(2) continue basic sliding fee assistance for the lesser of6.4six months or until the family is able to receive assistance6.5under the county's regular basic sliding program; and6.6(3) notify the commissioner through the quarterly reporting6.7process of any family that meets the criteria of the portable6.8basic sliding fee assistance pool.6.9 Sec. 8. Minnesota Statutes 2000, section 119B.03, 6.10 subdivision 10, is amended to read: 6.11 Subd. 10. [APPLICATION; ENTRY POINTS.] Two or more methods 6.12 of applying for thebasic sliding feechild care assistance 6.13 program under this chapter must be available to applicants in 6.14 each county. To meet the requirements of this subdivision, a 6.15 county may provide alternative methods of applying for 6.16 assistance, including, but not limited to, a mail application, 6.17 or application sites that are located outside of government 6.18 offices. 6.19 Sec. 9. Minnesota Statutes 2000, section 119B.05, 6.20 subdivision 5, is amended to read: 6.21 Subd. 5. [FEDERAL REIMBURSEMENT.] Counties and the state 6.22 shall maximize their federal reimbursement under federal 6.23 reimbursement programs for money spent for persons eligible 6.24 under this chapter. The commissioner shall allocate any federal 6.25 earnings to the county to be used to expand child care services 6.26 under this chapter. 6.27 Sec. 10. Minnesota Statutes 2000, section 119B.08, is 6.28 amended to read: 6.29 119B.08 [REPORTING AND PAYMENTS.] 6.30 Subdivision 1. [REPORTS.] The commissioner shall specify 6.31 requirements for reports under the same authority as provided to 6.32 the commissioner of human services in section 256.01, 6.33 subdivision 2, paragraph (17). 6.34 Subd. 2. [QUARTERLY PAYMENTS.] The commissioner may make 6.35 payments to each county in quarterly installments.The6.36commissioner may certify an advance up to 25 percent of the7.1allocation.Subsequent payments shall be made on a 7.2 reimbursement basis for reported expenditures and may be 7.3 adjusted for anticipated spending patterns. Payments may be 7.4 withheld if quarterly reports are incomplete or untimely. 7.5 Subd. 3. [CHILD CARE FUND PLAN.] The county and designated 7.6 administering agency shall submit a child care fund plan to the 7.7 commissioneran annual child care fund plan in its biennial7.8community social services plan. The commissioner shall 7.9 establish the dates by which the county must submit the plans. 7.10 The plan shall include:7.11(1) a narrative of the total program for child care7.12services, including all policies and procedures that affect7.13eligible families and are used to administer the child care7.14funds;7.15(2) the methods used by the county to inform eligible7.16families of the availability of child care assistance and7.17related services;7.18(3) the provider rates paid for all children with special7.19needs by provider type;7.20(4) the county prioritization policy for all eligible7.21families under the basic sliding fee program; and7.22(5) otherinformation as requested by the department to 7.23 ensure compliance with the child care fund statutes and rules 7.24 promulgated by the commissioner. 7.25 The commissioner shall notify counties within6090 days of 7.26 the date the plan is submitted whether the plan is approved or 7.27 the corrections or information needed to approve the plan. The 7.28 commissioner shall withholda county's allocation until it has7.29an approved plan. Plans not approved by the end of the second7.30quarter after the plan is due may result in a 25 percent7.31reduction in allocation. Plans not approved by the end of the7.32third quarter after the plan is due may result in a 100 percent7.33reduction in the allocation to the countypayments to a county 7.34 until it has an approved plan. Counties are to maintain 7.35 services despite anyreduction in their allocationwithholding 7.36 of payments due to plans not being approved. 8.1 Subd. 3a. [RESTRICTED INCOME ELIGIBILITY.] If income 8.2 eligibility parameters have been restricted, counties may 8.3 continue to move families with income above the restricted 8.4 eligibility parameters but not to exceed the parameters in 8.5 section 119B.09, subdivision 1, paragraph (a), clause (1), into 8.6 the program using county funds. These expenditures must be 8.7 reported separately and counties will only be reimbursed for 8.8 these expenditures if, at the end of the biennium, total program 8.9 expenditures are at or below the most recent forecast. 8.10 Subd. 3b. [WAITING LIST.] Counties that do not move 8.11 families into the program with county funds must start a waiting 8.12 list if eligibility parameters are restricted and must report 8.13 this waiting list to the commissioner with other reports as 8.14 specified in subdivision 1. Counties must determine income, 8.15 authorized activities and family size before placing a family on 8.16 the waiting list. 8.17 Subd. 3c. [FAMILY INFORMATION.] Counties that move 8.18 families into the program under subdivision 3a or place families 8.19 on the waiting list under subdivision 3b must report the number 8.20 of families served or placed on the waiting list, the date each 8.21 family began to receive service or was placed on the waiting 8.22 list, the income of the family and family size when they began 8.23 to receive service or were placed on the waiting list, and the 8.24 estimated cost of serving each family served under subdivision 8.25 3a to the commissioner on a form designated by the commissioner. 8.26 Subd. 4. [TERMINATION OF ALLOCATION.] The commissioner may 8.27 withhold,or reduce, or terminate the allocation of anyfunds 8.28 intended to reimburse counties for child care costs under the 8.29 child care fund if the countythatdoes not meet the reporting, 8.30 planning, or other requirements of this program. The 8.31commissioner shall reallocate to other counties money so reduced8.32or terminatedwithholding or reduction of funds under this 8.33 subdivision does not relieve counties of their requirements 8.34 under this chapter. 8.35 Sec. 11. Minnesota Statutes 2000, section 119B.09, 8.36 subdivision 1, is amended to read: 9.1 Subdivision 1. [GENERAL ELIGIBILITY REQUIREMENTS FOR ALL 9.2 APPLICANTS FOR CHILD CARE ASSISTANCE.] (a) Child care services 9.3 must be available to families who need child care to find or 9.4 keep employment or to obtain the training or education necessary 9.5 to find employment as defined in section 119B.10, and who:9.6(1) meet the requirements of section 119B.05; receive MFIP9.7assistance; and are participating in employment and training9.8services under chapter 256J or 256K;9.9(2) have household income below the eligibility levels for9.10MFIP; or9.11(3)have household income within a rangeestablished by the9.12commissionerof: (1) 50 percent of state median income (SMI) or 9.13 below at program entry and 75 percent of SMI or below at program 9.14 exit; or (2) the level of SMI at program entry established by 9.15 the commissioner if total expenditures are projected to exceed 9.16 the forecast by ten percent or more. 9.17 (b) Child care services must be made available as in-kind 9.18 services. 9.19 (c) All applicants for child care assistance and families 9.20 currently receiving child care assistance must be assisted and 9.21 required to cooperate in establishment of paternity and 9.22 enforcement of child support obligations for all children in the 9.23 family as a condition of program eligibility. For purposes of 9.24 this section, a family is considered to meet the requirement for 9.25 cooperation when the family complies with the requirements of 9.26 section 256.741. 9.27 Sec. 12. Minnesota Statutes 2000, section 119B.09, 9.28 subdivision 2, is amended to read: 9.29 Subd. 2. [SLIDING FEE.] Child care services to eligible 9.30 familieswith incomes in the commissioner's established range9.31 must be made available on a sliding fee basis. The upper limit 9.32 ofthe rangeeligibility must beneither less than 70 percent9.33nor more than 9075 percent of the state median income for a 9.34 family of four, adjusted for family size. 9.35 Sec. 13. Minnesota Statutes 2000, section 119B.09, 9.36 subdivision 7, is amended to read: 10.1 Subd. 7. [DATE OF ELIGIBILITY FOR ASSISTANCE.] The date of 10.2 eligibility for child care assistance under this chapter is the 10.3 later of the date the application was signed;or the beginning 10.4 date of employment, education, or training; or the date a10.5determination has been made that the applicant is a participant10.6in employment and training services under Minnesota Rules, part10.73400.0080, subpart 2a, or chapter 256J or 256K. The date of10.8eligibility for the basic sliding fee at-home infant child care10.9program is the later of the date the infant is born or, in a10.10county with a basic sliding fee waiting list, the date the10.11family applies for at-home infant child care. Payment ceases10.12for a family under the at-home infant child care program when a10.13family has used a total of 12 months of assistance as specified10.14under section 119B.061. Payment of child care assistance for10.15employed persons on MFIP is effective the date of employment or10.16the date of MFIP eligibility, whichever is laterunder section 10.17 119B.10. Payment of child care assistance for MFIP or work 10.18 first participants in employment and training services is 10.19 effective the date of commencement of the services or the date 10.20 of MFIP or work first eligibility, whichever is later.Payment10.21of child care assistance for transition year child care must be10.22made retroactive to the date of eligibility for transition year10.23child care.10.24 Sec. 14. Minnesota Statutes 2000, section 119B.10, is 10.25 amended to read: 10.26 119B.10 [EMPLOYMENT OR TRAINING ELIGIBILITY.] 10.27 Subdivision 1. [ASSISTANCE FOR PERSONS SEEKING AND 10.28 RETAINING EMPLOYMENT.] (a) Persons who are seeking employment 10.29 and who are eligible for assistance under thissectionchapter 10.30 are eligible to receive up to 240 hours of child care assistance 10.31 per calendar year. 10.32 (b) Employed persons who work at least an average of 20 10.33 hoursand full-time students who work at least an average of ten10.34hours a weekand receive at least a minimum wage for all hours 10.35 worked are eligible for continued child care assistance for 10.36 employment. For purposes of this section, work-study programs 11.1 must be counted as employment. Child care assistance during 11.2 employment must be authorized as provided in paragraphs (c) and 11.3 (d). 11.4 (c) When the person works for an hourly wage and the hourly 11.5 wage is equal to or greater than the applicable minimum wage, 11.6 child care assistance shall be provided for the actual hours of 11.7 employment, break, and mealtime during the employment and travel 11.8 time up to two hours per day. 11.9 (d) When the person does not work for an hourly wage, child 11.10 care assistance must be provided for the lesser of: 11.11 (1) the amount of child care determined by dividing gross 11.12 earned income by the applicable minimum wage, up to one hour 11.13 every eight hours for meals and break time, plus up to two hours 11.14 per day for travel time; or 11.15 (2) the amount of child care equal to the actual amount of 11.16 child care used during employment, including break and mealtime 11.17 during employment, and travel time up to two hours per day. 11.18 Subd. 1a. [ASSISTANCE FOR PERSONS PARTICIPATING IN 11.19 EMPLOYMENT PLAN.] The following persons are also eligible for 11.20 child care assistance: 11.21 (1) persons who are participating in employment orientation 11.22 or job search, or other employment or training activities that 11.23 are included in an approved employability development plan under 11.24 chapter 256K; 11.25 (2) persons who are participating in work, job search, job 11.26 support, employment, or training activities as required in their 11.27 job search support or employment plan, or in appeals, hearings, 11.28 assessments, or orientations according to chapter 256J; 11.29 (3) persons who are participating in social services 11.30 activities under chapter 256J or 256K as required in their 11.31 employment plan approved according to chapter 256J or 256K; and 11.32 (4) families who are participating in programs as required 11.33 in tribal contracts under section 119B.02, subdivision 2, or 11.34 256.01, subdivision 2. 11.35 Subd. 2. [FINANCIAL ELIGIBILITY REQUIRED.] Persons 11.36 participating in employment programs, training programs, or 12.1 education programs are eligible for continued assistance from 12.2 the child care fund, if they are financially eligible under the 12.3 sliding fee scale set by the commissioner in section 119B.12. 12.4 Subd. 3. [CHILD CARE ASSISTANCE DURING EDUCATION.] The 12.5 following persons are eligible for child care assistance for 12.6 education or training: 12.7 (1) persons who meet the requirements of section 119B.09 12.8 who are enrolled in remedial or basic education or English as a 12.9 second language, or persons up to the age of 19 who are enrolled 12.10 in an educational program to attain a high school diploma or 12.11 general equivalency diploma; and 12.12 (2) persons who meet the requirements of this section and 12.13 section 119B.09 must also receive child care assistance to 12.14 reduce the costs of child care for education when employed an 12.15 average of at least 20 hours per week under subdivision 1, and 12.16 are not receiving MFIP benefits as defined in section 119B.011, 12.17 subdivision 17. 12.18 Subd. 4. [SATISFACTORY PROGRESS.] Students enrolled in an 12.19 education program under section 199B.011, subdivision 11, must 12.20 be making satisfactory progress toward completion of the program 12.21 as stipulated in the school's satisfactory progress policy. 12.22 Subd. 5. [LIMITING DURATION OF TRAINING.] Counties may not 12.23 limit the duration of child care subsidies for a person in an 12.24 employment or educational program except when the person is 12.25 found to be ineligible under the child care fund eligibility 12.26 standards. Any limitation must be based on a person's 12.27 employment plan in the case of an MFIP participant. 12.28 Subd. 6. [MAXIMUM LENGTH OF TIME FOR TRAINING.] The 12.29 maximum length of time a participant is eligible for child care 12.30 assistance under the child care fund for education and training 12.31 is no more than the maximum time allowed to complete the credit 12.32 requirements for an associate or baccalaureate degree as 12.33 stipulated in the school's satisfactory progress policy. This 12.34 length of time excludes basic or remedial education programs, 12.35 English as a second language, high school, and general 12.36 equivalency diploma programs needed to prepare for 13.1 post-secondary education or employment. 13.2 Subd. 7. [MFIP STUDENT MOVES TO ANOTHER COUNTY.] If an 13.3 MFIP participant who is receiving MFIP child care assistance 13.4 under this chapter moves to another county, continues to 13.5 participate in educational or training programs authorized in 13.6 the MFIP participant's employment plans, and continues to be 13.7 eligible for MFIP child care assistance under this chapter, the 13.8 MFIP participant must receive continued child care assistance 13.9 from the county responsible for the MFIP participant's current 13.10 employment plan under section 256G.07. 13.11 Sec. 15. Minnesota Statutes 2000, section 119B.11, 13.12 subdivision 1, is amended to read: 13.13 Subdivision 1. [COUNTY CONTRIBUTIONS REQUIRED.]Beginning13.14July 1, 1997,(a) In addition to payments frombasic sliding fee13.15 child care assistance program participants, each county shall 13.16 contribute from county tax or other sources a fixed local match 13.17equal to its calendar year 1996 required county contribution13.18reduced by the administrative funding loss that would have13.19occurred in state fiscal year 1996 under section 119B.15. The 13.20 commissioner shall recover funds from the county as necessary to 13.21 bring county expenditures into compliance with this 13.22 subdivision. The commissioner may accept county contributions, 13.23 including contributions above the fixed local match, in order to 13.24 make state payments. 13.25 (b) The commissioner may accept payments from counties: (1) 13.26 to fulfill the county contribution as required under subdivision 13.27 1; (2) to pay for services authorized under this chapter beyond 13.28 those paid for with federal or state funds or with the required 13.29 county contributions; or (3) to pay for child care services not 13.30 authorized under this chapter. The commissioner may keep 13.31 accounts as necessary within the state's accounting system. The 13.32 receipts must be deposited in the special revenue fund. 13.33 Sec. 16. Minnesota Statutes 2000, section 119B.12, 13.34 subdivision 2, is amended to read: 13.35 Subd. 2. [PARENT FEE.] A family's monthly parent fee must 13.36 be a fixed percentage of its annual gross income. Parent fees 14.1 must apply to families eligible for child care assistance 14.2 undersections 119B.03 and 119B.05section 119B.09. Income must 14.3 be as defined in section 119B.011, subdivision 15. The fixed 14.4 percent is based on the relationship of the family's annual 14.5 gross income to 100 percent of state median income. Beginning 14.6 January 1, 1998, parent fees must begin at 75 percent of the 14.7 poverty level. The minimum parent fees for families between 75 14.8 percent and 100 percent of poverty level must be $5 per month. 14.9 Parent fees must be established in rule and must provide for 14.10 graduated movement to full payment. 14.11 Sec. 17. Minnesota Statutes 2000, section 119B.13, 14.12 subdivision 1, is amended to read: 14.13 Subdivision 1. [SUBSIDY RESTRICTIONS.] The maximum rate 14.14 paid for child care assistance under the child care fund may not 14.15 exceed the 75th percentile rate for like-care arrangements in 14.16 the county as surveyed by the commissioner. A rate which 14.17 includes a provider bonus paid under subdivision 2 or a special 14.18 needs rate paid under subdivision 3 may be in excess of the 14.19 maximum rate allowed under this subdivision.The department14.20shall monitor the effect of this paragraph on provider rates.14.21 The county shall pay the provider's full charges for every child 14.22 in care up to the maximum established.The commissioner shall14.23determine the maximum rate for each type of care, including14.24special needs and handicapped care.Not less than once every 14.25 two years, the commissioner shall evaluate market practices for 14.26 payment of absences and shall establish policies for payment of 14.27 absent days that reflect current market practice. 14.28 When the provider charge is greater than the maximum 14.29 provider rate allowed, the parent is responsible for payment of 14.30 the difference in the rates in addition to any family copayment 14.31 fee. 14.32 Sec. 18. Minnesota Statutes 2000, section 119B.13, 14.33 subdivision 6, is amended to read: 14.34 Subd. 6. [PROVIDER PAYMENTS.] Counties or the state shall 14.35 make vendor payments to the child care provider or pay the 14.36 parent directly for eligible child care expenses. If payments 15.1 for child care assistance are made to providers, the provider 15.2 shall bill the county for services provided within ten days of 15.3 the end of the month of service. If bills are submitted in 15.4 accordance with the provisions of this subdivision or the state, 15.5 a county shall issue payment to the provider of child care under 15.6 the child care fund within 30 days of receiving an invoice from 15.7 the provider. Counties or the state may establish policies that 15.8 make payments on a more frequent basis. A county's payment 15.9 policies must be included in the county's child care plan under 15.10 section 119B.08, subdivision 3. If payments are made by the 15.11 state, in addition to being in compliance with this subdivision, 15.12 the payments must be made in compliance with section 16A.124. 15.13 Sec. 19. Minnesota Statutes 2000, section 119B.15, is 15.14 amended to read: 15.15 119B.15 [ADMINISTRATIVE EXPENSES.] 15.16 The commissioner shall use up to 1/21 of the state and 15.17 federal funds availablefor the basic sliding fee program and15.181/21 of the state and federal funds availablefor theMFIPchild 15.19 care assistance program forpayments to counties for15.20administrative expensesthe administrative costs of the delivery 15.21 of direct services. 15.22 Sec. 20. [APPROPRIATIONS.] 15.23 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 15.24 LEARNING.] The sums indicated in this section are appropriated 15.25 from the general fund to the department of children, families, 15.26 and learning for the fiscal years designated. 15.27 Subd. 2. [SCHOOL READINESS PROGRAM REVENUE.] For revenue 15.28 for school readiness programs according to Minnesota Statutes, 15.29 sections 124D.15 and 124D.16: 15.30 $10,395,000 ..... 2002 15.31 $10,395,000 ..... 2003 15.32 The 2002 appropriation includes $1,039,000 for 2001 and 15.33 $9,356,000 for 2002. 15.34 The 2003 appropriation includes $1,039,000 for 2002 and 15.35 $9,356,000 for 2003. 15.36 Subd. 3. [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early 16.1 childhood family education aid according to Minnesota Statutes, 16.2 section 124D.135: 16.3 $20,758,000 ..... 2002 16.4 $20,663,000 ..... 2003 16.5 The 2002 appropriation includes $2,036,000 for 2001 and 16.6 $18,722,000 for 2002. 16.7 The 2003 appropriation includes $2,081,000 for 2002 and 16.8 $18,582,000 for 2003. 16.9 Subd. 4. [HEALTH AND DEVELOPMENTAL SCREENING AID.] For 16.10 health and developmental screening aid according to Minnesota 16.11 Statutes, sections 121A.17 and 121A.19: 16.12 $2,661,000 ..... 2002 16.13 $2,661,000 ..... 2003 16.14 The 2002 appropriation includes $266,000 for 2001 and 16.15 $2,395,000 for 2002. 16.16 The 2003 appropriation includes $266,000 for 2002 and 16.17 $2,395,000 for 2003. 16.18 Subd. 5. [WAY TO GROW.] For grants for existing way to 16.19 grow programs according to Minnesota Statutes, section 124D.17: 16.20 $475,000 ..... 2002 16.21 $475,000 ..... 2003 16.22 Any balance in the first year does not cancel but is 16.23 available in the second year. 16.24 Subd. 6. [HEAD START PROGRAM.] For Head Start programs 16.25 according to Minnesota Statutes, section 119A.52: 16.26 $18,375,000 ..... 2002 16.27 $18,375,000 ..... 2003 16.28 Any balance in the first year does not cancel but is 16.29 available in the second year. 16.30 Subd. 7. [SCHOOL-AGE CHILD CARE.] For extended day aid 16.31 according to Minnesota Statutes, section 124D.22: 16.32 $221,000 ..... 2002 16.33 $133,000 ..... 2003 16.34 The 2002 appropriation includes $30,000 for 2001 and 16.35 $191,000 for 2002. 16.36 The 2003 appropriation includes $21,000 for 2002 and 17.1 $112,000 for 2003. 17.2 Subd. 8. [CONSOLIDATED CHILD CARE.] For child care 17.3 assistance according to Minnesota Statutes, section 119B.03: 17.4 $135,704,000 ..... 2002 17.5 $144,723,000 ..... 2003 17.6 These appropriations are available to be spent in either 17.7 year. 17.8 Subd. 9. [CHILD CARE INTEGRITY.] For the administrative 17.9 costs of program integrity and fraud prevention for child care 17.10 assistance under chapter 119B: 17.11 $175,000 ..... 2002 17.12 $175,000 ..... 2003 17.13 Any balance in the first year does not cancel but is 17.14 available in the second year. 17.15 Subd. 10. [CHILD CARE DEVELOPMENT.] For child care 17.16 development grants according to Minnesota Statutes, section 17.17 119B.21: 17.18 $1,865,000 ..... 2002 17.19 $1,865,000 ..... 2003 17.20 Any balance in the first year does not cancel but is 17.21 available in the second year. 17.22 Sec. 21. [FEDERAL TANF TRANSFERS.] 17.23 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 17.24 LEARNING.] The sums indicated in this section are transferred 17.25 from the federal TANF fund to the child care and development 17.26 fund and appropriated to the department of children, families, 17.27 and learning for the fiscal years designated. The commissioner 17.28 shall ensure that all transferred funds are expended in 17.29 accordance with the child care and development fund regulations 17.30 and that the maximum allowable transferred funds are used for 17.31 the programs in this section. 17.32 Subd. 2. [CONSOLIDATED FEE CHILD CARE.] For child care 17.33 assistance according to Minnesota Statutes, section ......: 17.34 $31,316,000 ..... 2002 17.35 $11,439,000 ..... 2003 17.36 Sec. 22. [REVISOR INSTRUCTION.] 18.1 In the next and subsequent editions of Minnesota Statutes 18.2 and Minnesota Rules, the revisor shall renumber Minnesota 18.3 Statutes, section 119B.05, subdivisions 4 and 5, as Minnesota 18.4 Statutes, section 119B.03, subdivisions 11 and 12, and make 18.5 necessary cross-reference changes consistent with the 18.6 renumbering. 18.7 Sec. 23. [REPEALER.] 18.8 Minnesota Statutes 2000, sections 119B.011, subdivision 20; 18.9 119B.03, subdivisions 1, 2, 4, 5, 6, 6a, and 8; 119B.05, 18.10 subdivision 1; 119B.061; 119B.07; 119B.09, subdivision 3; and 18.11 119B.11, subdivision 4, are repealed. 18.12 ARTICLE 2 18.13 PREVENTION 18.14 Section 1. Minnesota Statutes 2000, section 119A.12, is 18.15 amended by adding a subdivision to read: 18.16 Subd. 4. [AUTHORITY TO DISBURSE FUNDS.] The commissioner 18.17 may disburse trust fund money to any public or private nonprofit 18.18 agency to fund a child abuse prevention program. State funds 18.19 appropriated for child maltreatment prevention grants may be 18.20 transferred to the children's trust fund special revenue account 18.21 and are available to carry out this section. 18.22 Sec. 2. Minnesota Statutes 2000, section 119A.12, is 18.23 amended by adding a subdivision to read: 18.24 Subd. 5. [PLAN FOR DISBURSEMENT OF FUNDS.] The 18.25 commissioner shall develop a plan to disburse money from the 18.26 trust fund. The plan must ensure that all geographic areas of 18.27 the state have an equal opportunity to establish prevention 18.28 programs and receive trust fund money. 18.29 Sec. 3. Minnesota Statutes 2000, section 119A.12, is 18.30 amended by adding a subdivision to read: 18.31 Subd. 6. [OPERATIONAL COSTS.] $120,000 each year is 18.32 appropriated from the children's trust fund to the special 18.33 revenue fund for administration and indirect costs of the 18.34 children's trust fund program. 18.35 Sec. 4. Minnesota Statutes 2000, section 119A.13, 18.36 subdivision 4, is amended to read: 19.1 Subd. 4. [RESPONSIBILITIES OF COMMISSIONER.] (a) The 19.2 commissioner shall: 19.3 (1) provide for the coordination and exchange of 19.4 information on the establishment and maintenance of prevention 19.5 programs; 19.6 (2) develop and publish criteria for receiving trust fund 19.7 money by prevention programs; 19.8 (3) review, approve, and monitor the spending of trust fund 19.9 money by prevention programs; 19.10 (4) provide statewide educational and public informational 19.11 seminars to develop public awareness on preventing child abuse; 19.12 to encourage professional persons and groups to recognize 19.13 instances of child abuse and work to prevent them; to make 19.14 information on child abuse prevention available to the public 19.15 and to organizations and agencies; and to encourage the 19.16 development of prevention programs, including programs that 19.17 provide support for adolescent parents, fathering education 19.18 programs, and other prevention activities designed to prevent 19.19 teen pregnancy; 19.20 (5) establish a procedure for an annual, internal 19.21 evaluation of the functions, responsibilities, and performance 19.22 of the commissioner in carrying out Laws 1986, chapter 423; 19.23 (6) provide technical assistance to local councils and 19.24 agencies working in the area of child abuse prevention; and 19.25 (7) accept and review grant applications beginning June 1, 19.26 1987. 19.27 (b) The commissioner shall recommend to the governor 19.28 changes in state programs, statutes, policies, budgets, and 19.29 standards that will reduce the problems of child abuse, improve 19.30 coordination among state agencies that provide prevention 19.31 services, and improve the condition of children, parents, or 19.32 guardians in need of prevention program services. 19.33 Sec. 5. Minnesota Statutes 2000, section 119A.21, is 19.34 amended to read: 19.35 119A.21 [GRANTS TO SERVICE PROVIDER PROGRAMS.] 19.36 Subdivision 1. [GRANTS AWARDED.] The commissioner shall 20.1 award grants to programs which provideabused childrenchild 20.2 abuse and neglect intervention services. Grants shall be 20.3 awarded in a manner that ensures that they are equitably 20.4 distributed to programs serving metropolitan and nonmetropolitan 20.5 populations. 20.6 Subd. 2. [APPLICATIONS.] Any public or private nonprofit 20.7 agency may apply to the commissioner for a grantto provide20.8abused children services. The application shall be submittedin20.9 on a formapprovedprescribed by the commissionerafter20.10consultation with the abused children advisory council and shall20.11include:. 20.12(1) a proposal for the provision of abused children20.13services to, or on behalf of, abused children, children at risk,20.14and their families;20.15(2) a proposed budget;20.16(3) evidence of ability to represent the interests of20.17abused children and their families to local law enforcement20.18agencies and courts, social services, and health agencies;20.19(4) evidence of ability to do outreach to unserved and20.20underserved populations and to provide culturally and20.21linguistically appropriate services; and20.22(5) any other information the commissioner may require by20.23policy or by rule adopted under chapter 14, after considering20.24the recommendations of the abused children advisory council.20.25Programs which have been approved for grants in prior years20.26may submit materials which indicate changes in items listed in20.27clauses (1) to (5), in order to qualify for renewal funding.20.28Nothing in this subdivision may be construed to require programs20.29to submit complete applications for each year of funding.20.30 Subd. 3. [DUTIES.] Every public or private nonprofit 20.31 agency which receives a grant under this sectionto provide20.32abused children servicesshall comply with all requirements of 20.33 the commissioner related to the administration of the grants. 20.34 Subd. 4. [CLASSIFICATION OF DATA COLLECTED BY GRANTEES.] 20.35 Personal history information and other information collected, 20.36 used, or maintained by a grantee from which the identity of any 21.1 abused child or family members may be determined is private data 21.2 on individuals as defined in section 13.02, subdivision 12, and 21.3 the grantee shall maintain the data in accordance with 21.4 provisions of chapter 13. 21.5 Sec. 6. Minnesota Statutes 2000, section 119A.22, is 21.6 amended to read: 21.7 119A.22 [DUTIES OF THE COMMISSIONER.] 21.8 The commissioner shall: 21.9 (1) review applications and award grants to programs 21.10 pursuant to section 119A.21after considering the recommendation21.11of the abused children advisory council; 21.12 (2)appoint members of the abused children advisory council21.13created under section 119A.23 and provide consultative staff and21.14other administrative services to the council;21.15(3) after considering the recommendation of the abused21.16children advisory council, appoint a program director to perform21.17the duties set forth in this clause. In appointing the program21.18director the commissioner shall give due consideration to the21.19list of applicants submitted to the commissioner pursuant to21.20this section. The program director shall administer the funds21.21appropriated for sections 119A.20 to 119A.23, consult with and21.22provide staff to the advisory council and perform other duties21.23related to abused children's programs as the commissioner may21.24assign;21.25(4)design a uniform method of collecting dataon abused21.26children's programsto be used to monitor and assure compliance 21.27 of the programs funded under section 119A.21; 21.28(5)(3) provide technicalaidassistance to applicants in 21.29 the development of grant requests and toprogramsgrantees in 21.30 meeting the data collection requirements established by the 21.31 commissioner; and 21.32(6)(4) adopt, under chapter 14, all rules necessary to 21.33 implement the provisions of sections 119A.20 to 119A.23. 21.34 Sec. 7. [119A.35] [CHILD ABUSE AND NEGLECT PREVENTION AND 21.35 INTERVENTION COUNCIL.] 21.36 Subdivision 1. [GENERALLY.] The child abuse and neglect 22.1 prevention and intervention council is established under section 22.2 15.059 to advise the commissioner of children, families, and 22.3 learning on the implementation and continued operations of 22.4 sections 119A.10 to 119A.16 and 119A.20 to 119A.22. The council 22.5 shall expire June 30, 2005. 22.6 Subd. 2. [COUNCIL MEMBERSHIP.] The council shall consist 22.7 of a total of 22 members. The governor shall appoint 18 of 22.8 these members. The commissioners of human services and health 22.9 shall each appoint one member. The senate shall appoint one 22.10 member from the senate family and early childhood education 22.11 finance committee and the house of representatives shall appoint 22.12 one member from the house family and early childhood budget 22.13 committee. 22.14 Council members shall have knowledge in the areas of child 22.15 abuse and neglect prevention and intervention, and knowledge of 22.16 the risk factors that can lead to child abuse and neglect. 22.17 Council members shall be representative of: local government, 22.18 criminal justice, parents, consumers of services, health and 22.19 human services professionals, faith community, professional and 22.20 volunteer providers of child abuse and neglect prevention and 22.21 intervention services, racial and ethnic minority communities, 22.22 and the demographic and geographic composition of the state. 22.23 Ten council members shall reside in the seven-county 22.24 metropolitan area and eight shall reside in nonmetropolitan 22.25 areas. 22.26 Subd. 3. [RESPONSIBILITIES.] The council shall: 22.27 (1) advise the commissioner on planning, policy 22.28 development, data collection, rulemaking, funding, and 22.29 evaluation of the programs under the sections listed in 22.30 subdivision 1; 22.31 (2) coordinate and exchange information on the 22.32 establishment and ongoing operation of the programs listed in 22.33 subdivision 1; 22.34 (3) develop and publish criteria and guidelines for 22.35 receiving grants relating to child abuse and neglect prevention 22.36 and intervention, and safety of child victims including, but not 23.1 limited to, funds dedicated to the children's trust fund and 23.2 abused children program; 23.3 (4) provide guidance in the development of statewide 23.4 education and public information activities that increase public 23.5 awareness in the prevention and intervention of child abuse and 23.6 neglect and encourage the development of prevention and 23.7 intervention programs, which includes the safety of child 23.8 victims; 23.9 (5) guide, analyze, and disseminate results in the 23.10 development of appropriate evaluation procedures for all 23.11 programs receiving funds under subdivision 1; and 23.12 (6) assist the commissioner in assessing service needs of 23.13 children at risk of and experiencing child abuse and neglect. 23.14 The assessments shall include a review of gaps or duplication in 23.15 services including geographic dispersion of resources, programs 23.16 reflecting the cycles of child abuse, and the availability of 23.17 culturally appropriate intervention and prevention services. 23.18 Sec. 8. [APPROPRIATIONS.] 23.19 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 23.20 LEARNING.] The sums indicated in this section are appropriated 23.21 from the general fund, unless otherwise indicated, to the 23.22 department of children, families, and learning for the fiscal 23.23 years designated. 23.24 Subd. 2. [FAMILY COLLABORATIVES.] For family 23.25 collaboratives according to Laws 1995, First Special Session 23.26 chapter 3, article 4, section 29, subdivision 10: 23.27 $1,477,000 ..... 2002 23.28 $863,000 ..... 2003 23.29 No new family services collaboratives shall be funded with 23.30 this appropriation after June 30, 1999. 23.31 Any balance in the first year does not cancel but is 23.32 available in the second year. 23.33 Subd. 3. [COMMUNITY EDUCATION AID.] For community 23.34 education aid according to Minnesota Statutes, section 124D.20: 23.35 $14,209,000 ..... 2002 23.36 $13,111,000 ..... 2003 24.1 The 2002 appropriation includes $1,528,000 for 2001 and 24.2 $12,681,000 for 2002. 24.3 The 2003 appropriation includes $1,409,000 for 2002 and 24.4 $11,702,000 for 2003. 24.5 Any balance the first year does not cancel but is available 24.6 in the second year. 24.7 Subd. 4. [ADULTS WITH DISABILITIES PROGRAM AID.] For 24.8 adults with disabilities programs according to Minnesota 24.9 Statutes, section 124D.56: 24.10 $710,000 ..... 2002 24.11 $710,000 ..... 2003 24.12 Any balance in the first year does not cancel but is 24.13 available in the second year. 24.14 Subd. 5. [HEARING-IMPAIRED ADULTS.] For programs for 24.15 hearing-impaired adults according to Minnesota Statutes, section 24.16 124D.57: 24.17 $70,000 ..... 2002 24.18 $70,000 ..... 2003 24.19 Any balance in the first year does not cancel but is 24.20 available in the second year. 24.21 Subd. 6. [VIOLENCE PREVENTION EDUCATION GRANTS.] For 24.22 violence prevention education grants according to Minnesota 24.23 Statutes, section 120B.23: 24.24 $1,450,000 ..... 2002 24.25 $1,450,000 ..... 2003 24.26 Any balance in the first year does not cancel but is 24.27 available in the second year. 24.28 Subd. 7. [ABUSED CHILDREN.] For abused children programs 24.29 according to Minnesota Statutes, section 119A.21: 24.30 $945,000 ..... 2002 24.31 $945,000 ..... 2003 24.32 Any balance in the first year does not cancel but is 24.33 available in the second year. 24.34 Subd. 8. [CHILDREN'S TRUST FUND.] For children's trust 24.35 fund according to Minnesota Statutes, sections 119A.12 and 24.36 119A.13: 25.1 $875,000 ..... 2002 25.2 $875,000 ..... 2003 25.3 Any balance in the first year does not cancel but is 25.4 available in the second year. 25.5 Subd. 9. [FAMILY VISITATION CENTERS.] For family 25.6 visitation centers according to Minnesota Statutes, section 25.7 119A.37: 25.8 $200,000 ..... 2002 25.9 $200,000 ..... 2003 25.10 Subd. 10. [AFTER SCHOOL ENRICHMENT GRANTS.] For after 25.11 school enrichment grants according to Minnesota Statutes, 25.12 section 124D.221: 25.13 $5,510,000 ..... 2002 25.14 $5,510,000 ..... 2003 25.15 Any balance in the first year does not cancel but is 25.16 available in the second year. 25.17 Subd. 11. [CHEMICAL ABUSE PREVENTION GRANTS.] (a) For 25.18 grants with funds received under Minnesota Statutes, section 25.19 171.29, subdivision 2, paragraph (b), clause (4): 25.20 $200,000 ..... 2002 25.21 $200,000 ..... 2003 25.22 (b) These appropriations are from the alcohol-impaired 25.23 driver account of the special revenue fund for chemical abuse 25.24 prevention grants. 25.25 Sec. 9. [REVISOR INSTRUCTION.] 25.26 In the next and subsequent editions of Minnesota Statutes 25.27 and Minnesota Rules, the revisor shall renumber Minnesota 25.28 Statutes, section 119A.13, subdivision 4, as Minnesota Statutes, 25.29 section 119A.12, subdivision 4, and make necessary 25.30 cross-reference changes consistent with the renumbering. 25.31 Sec. 10. [REPEALER.] 25.32 Minnesota Statutes 2000, sections 119A.13, subdivisions 1, 25.33 2, and 3; 119A.14, subdivision 2; 119A.23; 124D.33; and 25.34 124D.331, are repealed. 25.35 ARTICLE 3 25.36 SELF-SUFFICIENCY AND LIFELONG LEARNING 26.1 Section 1. Minnesota Statutes 2000, section 124D.531, 26.2 subdivision 3, is amended to read: 26.3 Subd. 3. [PROGRAM REVENUE.] Adult basic education programs 26.4 established under section 124D.52 and approved by the 26.5 commissioner are eligible for revenue under this subdivision. 26.6 For fiscal year 2001 and later, adult basic education revenue 26.7 for each approved program equals the sum of: 26.8 (1) the basic population aid under subdivision 2 for 26.9 districts participating in the program during the current 26.10 program year; plus 26.11 (2) 84 percent times the amount computed in subdivision 1, 26.12 paragraph (b), times the ratio of the contact hours for students 26.13 participating in the program during the first prior program year 26.14 to the state total contact hours during the first prior program 26.15 year; plus 26.16 (3) eight percent times the amount computed in subdivision 26.17 1, paragraph (b), times the ratio of the enrollment of students 26.18 with limited English proficiency during the second prior school 26.19 year in districts participating in the program during the 26.20 current program year to the state total enrollment of students 26.21 with limited English proficiency during the second prior school 26.22 year in districts participating in adult basic education 26.23 programs during the current program year; plus 26.24 (4) eight percent times the amount computed in subdivision 26.25 1, paragraph (b), times the ratio of the latest federal census 26.26 count of the number of adults aged 20 or older with no diploma 26.27 residing in the districts participating in the program during 26.28 the current program year to the latest federal census count of 26.29 the state total number of adults aged 20 or older with no 26.30 diploma residing in the districts participating in adult basic 26.31 education programs during the current program year. 26.32 Sec. 2. [APPROPRIATIONS.] 26.33 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 26.34 LEARNING.] The sums indicated in this section are appropriated 26.35 from the general fund to the department of children, families, 26.36 and learning for the fiscal years designated. 27.1 Subd. 2. [MINNESOTA ECONOMIC OPPORTUNITY GRANTS.] For 27.2 Minnesota economic opportunity grants: 27.3 $8,514,000 ..... 2002 27.4 $8,514,000 ..... 2003 27.5 Any balance in the first year does not cancel but is 27.6 available in the second year. 27.7 Subd. 3. [TRANSITIONAL HOUSING PROGRAMS.] For transitional 27.8 housing programs according to Minnesota Statutes, section 27.9 119A.43: 27.10 $1,988,000 ..... 2002 27.11 $1,988,000 ..... 2003 27.12 Any balance in the first year does not cancel but is 27.13 available in the second year. 27.14 Subd. 4. [EMERGENCY SERVICES.] For emergency services 27.15 according to Minnesota Statutes, section 119A.43: 27.16 $350,000 ..... 2002 27.17 $350,000 ..... 2003 27.18 Subd. 5. [ADULT BASIC EDUCATION AID.] For adult basic 27.19 education aid according to Minnesota Statutes, section 124D.52 27.20 in fiscal year 2002 and Minnesota Statutes, section 124D.53 in 27.21 fiscal year 2003: 27.22 $32,325,000 ..... 2002 27.23 $34,906,000 ..... 2003 27.24 The 2002 appropriation includes $3,019,000 for 2001 and 27.25 $29,306,000 for 2002. 27.26 The 2003 appropriation includes $3,237,000 for 2002 and 27.27 $31,669,000 for 2003. 27.28 Subd. 6. [ADULT GRADUATION AID.] For adult graduation aid 27.29 according to Minnesota Statutes, section 124D.54: 27.30 $3,195,000 ..... 2002 27.31 $3,356,000 ..... 2003 27.32 The 2002 appropriation includes $305,000 for 2001 and 27.33 $2,890,000 for 2002. 27.34 The 2003 appropriation includes $321,000 for 2002 and 27.35 $3,035,000 for 2003. 27.36 Subd. 7. [GED TESTS.] For payment of 60 percent of the 28.1 costs of GED tests according to Laws 1993, chapter 224, article 28.2 4, section 44, subdivision 10: 28.3 $125,000 ..... 2002 28.4 $125,000 ..... 2003 28.5 Any balance in the first year does not cancel but is 28.6 available in the second year. 28.7 Subd. 8. [FOOD BANK PROGRAM.] For foodshelf programs 28.8 according to Minnesota Statutes, section 119A.44: 28.9 $1,278,000 ..... 2002 28.10 $1,278,000 ..... 2003 28.11 Any balance in the first year does not cancel but is 28.12 available in the second year. 28.13 Subd. 9. [FAMILY ASSETS FOR INDEPENDENCE.] 28.14 $500,000 ..... 2002 28.15 Any balance in the first year does not cancel but is 28.16 available in the second year. 28.17 Subd. 10. [LEAD ABATEMENT.] For lead abatement according 28.18 to Minnesota Statutes, section 119A.46: 28.19 $100,000 ..... 2002 28.20 $100,000 ..... 2003 28.21 ARTICLE 4 28.22 GENERAL EDUCATION 28.23 Section 1. Minnesota Statutes 2000, section 126C.05, 28.24 subdivision 1, is amended to read: 28.25 Subdivision 1. [PUPIL UNIT.] Pupil units for each 28.26 Minnesota resident pupil in average daily membership enrolled in 28.27 the district of residence, in another district under sections 28.28 123A.05 to 123A.08, 124D.03, 124D.06, 124D.07, 124D.08, or 28.29 124D.68; in a charter school under section 124D.10; or for whom 28.30 the resident district pays tuition under section 123A.18, 28.31 123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88, 28.32 subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or 28.33 125A.65, shall be counted according to this subdivision. 28.34 (a) A prekindergarten pupil with a disability who is 28.35 enrolled in a program approved by the commissioner and has an 28.36 individual education plan is counted as the ratio of the number 29.1 of hours of assessment and education service to 825 times 1.25 29.2 with a minimum of 0.28, but not more than 1.25. 29.3 (b) A prekindergarten pupil who is assessed but determined 29.4 not to be handicapped is counted as the ratio of the number of 29.5 hours of assessment service to 825 times 1.25. 29.6 (c) A kindergarten pupil with a disability who is enrolled 29.7 in a program approved by the commissioner is counted as the 29.8 ratio of the number of hours of assessment and education 29.9 services required in the fiscal year by the pupil's individual 29.10 education program plan to 875, but not more than one. 29.11 (d) A kindergarten pupil who is not included in paragraph 29.12 (c) is counted as .557 of a pupil unit for fiscal year20002002 29.13 and .5 of a pupil unit for fiscal year 2003 and thereafter. 29.14 (e) A pupil who is in any of grades 1 to 3 is counted as 29.15 1.115 pupil units for fiscal year20002002 and one pupil unit 29.16 for fiscal year 2003 and thereafter. 29.17 (f) A pupil who is any of grades 4 to 6 is counted as 1.06 29.18 pupil units for fiscal year19952002 and one pupil unit for 29.19 fiscal year 2003 and thereafter. 29.20 (g) A pupil who is in any of grades 7 to 12 is counted as 29.21 1.3 pupil units for fiscal year 2002 and 1.15 pupil units for 29.22 fiscal year 2003 and thereafter. 29.23 (h) A pupil who is in the post-secondary enrollment options 29.24 program is counted as 1.3 pupil units for fiscal year 2002 and 29.25 1.15 pupil units for fiscal year 2003 and thereafter. 29.26 Sec. 2. Minnesota Statutes 2000, section 126C.10, 29.27 subdivision 1, is amended to read: 29.28 Subdivision 1. [GENERAL EDUCATION REVENUE.] (a) For fiscal 29.29 year2000 and thereafter2002, the general education revenue for 29.30 each district equals the sum of the district's basic revenue, 29.31 basic skills revenue, training and experience revenue, secondary 29.32 sparsity revenue, elementary sparsity revenue, transportation 29.33 sparsity revenue, total operating capital revenue, equity 29.34 revenue,referendum offset adjustment,transition revenue, and 29.35 supplemental revenue. 29.36 (b) For fiscal year 2003 and later, the general education 30.1 revenue for each district equals the sum of the district's basic 30.2 revenue, basic skills revenue, training and experience revenue, 30.3 secondary sparsity revenue, elementary sparsity revenue, 30.4 transportation sparsity revenue, total operating capital 30.5 revenue, pension adjustment revenue, and transition revenue. 30.6 Sec. 3. Minnesota Statutes 2000, section 126C.10, 30.7 subdivision 2, is amended to read: 30.8 Subd. 2. [BASIC REVENUE.] The basic revenue for each 30.9 district equals the formula allowance times the adjusted 30.10 marginal cost pupil units for the school year.The formula30.11allowance for fiscal year 1998 is $3,581. The formula allowance30.12for fiscal year 1999 is $3,530. The formula allowance for30.13fiscal year 2000 is $3,740.The formula allowance for fiscal 30.14yearyears 2001 andsubsequent fiscal years2002 is 30.15 $3,964. The formula allowance for fiscal year 2003 and later is 30.16 $4,461. 30.17 Sec. 4. Minnesota Statutes 2000, section 126C.10, 30.18 subdivision 3, is amended to read: 30.19 Subd. 3. [COMPENSATORY EDUCATION REVENUE.] For fiscal year 30.20 2002, the compensatory education revenue for each building in 30.21 the district equals the formula allowance times the compensation 30.22 revenue pupil units computed according to section 126C.05, 30.23 subdivision 3. For fiscal year 2003 and later, the compensatory 30.24 education revenue for each building in the district equals the 30.25 formula allowance minus $443 times the compensation revenue 30.26 pupil units computed according to section 126C.05, subdivision 30.27 3. Revenue shall be paid to the district and must be allocated 30.28 according to section 126C.15, subdivision 2. 30.29 Sec. 5. Minnesota Statutes 2000, section 126C.10, 30.30 subdivision 4, is amended to read: 30.31 Subd. 4. [BASIC SKILLS REVENUE.] (a) For fiscal year199930.32and thereafter2002, a school district's basic skills revenue 30.33 equals the sum of: 30.34 (1) compensatory revenue under subdivision 3; plus 30.35 (2) limited English proficiency revenue according to 30.36 section 124D.65, subdivision 5; plus 31.1 (3) $190 times the limited English proficiency pupil units 31.2 according to section 126C.05, subdivision 17; plus 31.3 (4) $22.50 times the number of adjusted marginal cost pupil 31.4 units in kindergarten to grade 8. 31.5 (b) For fiscal year 2003 and later, a school district's 31.6 basic skills revenue equals the sum of: 31.7 (1) compensatory revenue under subdivision 3; plus 31.8 (2) limited English proficiency revenue under section 31.9 124D.65, subdivision 5; plus 31.10 (3) $190 times the limited English proficiency pupil units 31.11 under section 126C.05, subdivision 17. 31.12 Sec. 6. Minnesota Statutes 2000, section 126C.10, 31.13 subdivision 5, is amended to read: 31.14 Subd. 5. [TRAINING AND EXPERIENCE REVENUE.] (a) For fiscal 31.15 year 2002, the training and experience revenue for each district 31.16 equals the greater of zero or the result of the following 31.17 computation: 31.18 (1) subtract .8 from the training and experience index; 31.19 (2) multiply the result in clause (1) by the product of 31.20 $660 times the adjusted marginal cost pupil units for the school 31.21 year. 31.22 (b) For fiscal year 2003, a school district's training and 31.23 experience revenue equals the district's fiscal year 2001 31.24 training and experience revenue per adjusted marginal cost pupil 31.25 unit, times 44.4 percent, times the adjusted marginal cost pupil 31.26 units for the school year. 31.27 (c) For fiscal year 2004, a school district's training and 31.28 experience revenue equals the district's fiscal year 2001 31.29 training and experience revenue per adjusted marginal cost pupil 31.30 unit, times 22.2 percent, times the adjusted marginal cost pupil 31.31 units for the school year. 31.32 (d) For fiscal year 2005 and later, a school district's 31.33 training and experience revenue equals zero. 31.34 Sec. 7. Minnesota Statutes 2000, section 126C.10, 31.35 subdivision 7, is amended to read: 31.36 Subd. 7. [SECONDARY SPARSITY REVENUE.] (a) For fiscal year 32.1 2002, a district's secondary sparsity revenue for a school year 32.2 equals the sum of the results of the following calculation for 32.3 each qualifying high school in the district: 32.4 (1) the formula allowance for the school year, multiplied 32.5 by 32.6 (2) the secondary average daily membership of pupils served 32.7 in the high school, multiplied by 32.8 (3) the quotient obtained by dividing 400 minus the 32.9 secondary average daily membership by 400 plus the secondary 32.10 daily membership, multiplied by 32.11 (4) the lesser of 1.5 or the quotient obtained by dividing 32.12 the isolation index minus 23 by ten. 32.13 (b) For fiscal year 2003 and later, a district's secondary 32.14 sparsity revenue for a school year equals the sum of the results 32.15 of the following calculation for each qualifying high school in 32.16 the district: 32.17 (1) the formula allowance for the school year minus $443, 32.18 multiplied by 32.19 (2) the secondary average daily membership of pupils served 32.20 in the high school, multiplied by 32.21 (3) the quotient obtained by dividing 400 minus the 32.22 secondary average daily membership by 400 plus the secondary 32.23 daily membership, multiplied by 32.24 (4) the lesser of 1.5 or the quotient obtained by dividing 32.25 the isolation index minus 23 by ten. 32.26 (c) A newly formed district that is the result of districts 32.27 combining under the cooperation and combination program or 32.28 consolidating under section 123A.48 must receive secondary 32.29 sparsity revenue equal to the greater of: (1) the amount 32.30 calculated under paragraph (a) for the combined district; or (2) 32.31 the sum of the amounts of secondary sparsity revenue the former 32.32 districts had in the year prior to consolidation, increased for 32.33 any subsequent changes in the secondary sparsity formula. 32.34 Sec. 8. Minnesota Statutes 2000, section 126C.10, 32.35 subdivision 8, is amended to read: 32.36 Subd. 8. [ELEMENTARY SPARSITY REVENUE.] (a) For fiscal 33.1 year 2002, a district's elementary sparsity revenue equals the 33.2 sum of the following amounts for each qualifying elementary 33.3 school in the district: 33.4 (1) the formula allowance for the year, multiplied by 33.5 (2) the elementary average daily membership of pupils 33.6 served in the school, multiplied by 33.7 (3) the quotient obtained by dividing 140 minus the 33.8 elementary average daily membership by 140 plus the average 33.9 daily membership. 33.10 (b) For fiscal year 2003 and later, a district's elementary 33.11 sparsity revenue equals the sum of the following amounts for 33.12 each qualifying elementary school in the district: 33.13 (1) the formula allowance for the year minus $443, 33.14 multiplied by 33.15 (2) the elementary average daily membership of pupils 33.16 served in the school, multiplied by 33.17 (3) the quotient obtained by dividing 140 minus the 33.18 elementary average daily membership by 140 plus the average 33.19 daily membership. 33.20 Sec. 9. Minnesota Statutes 2000, section 126C.10, 33.21 subdivision 9, is amended to read: 33.22 Subd. 9. [SUPPLEMENTAL REVENUE.] (a) A district's 33.23 supplemental revenue allowance for fiscal year1994 and later33.24fiscal years2002 equals the district's supplemental revenue for 33.25 fiscal year 1993 divided by the district's 1992-1993 resident 33.26 pupil units. 33.27 (b) A district's supplemental revenue allowance is reduced 33.28 for fiscal year1995 and later2002 according to subdivision 12. 33.29 (c) A district's supplemental revenue equals the 33.30 supplemental revenue allowance, if any, times its adjusted 33.31 marginal cost pupil units for that year. 33.32 (d) A district may cancel its supplemental revenue by 33.33 notifying the commissioner of education prior to June 30, 1994. 33.34 A district that is reorganizing under section 123A.35, 123A.46, 33.35 or 123A.48 may cancel its supplemental revenue by notifying the 33.36 commissioner of children, families, and learning before July 1 34.1 of the year of the reorganization. If a district cancels its 34.2 supplemental revenue according to this paragraph, its 34.3 supplemental revenue allowance for fiscal year 1993 for purposes 34.4 of subdivision 12 and section 124A.03, subdivision 3b, equals 34.5 zero. 34.6 Sec. 10. Minnesota Statutes 2000, section 126C.10, 34.7 subdivision 13, is amended to read: 34.8 Subd. 13. [TOTAL OPERATING CAPITAL REVENUE.] (a) For 34.9 fiscal year2000 and thereafter2002, total operating capital 34.10 revenue for a district equals the amount determined under 34.11 paragraph (b) or(c)(e), plus $73 times the adjusted marginal 34.12 cost pupil units for the school year. The revenue must be 34.13 placed in a reserved account in the general fund and may only be 34.14 used according to paragraph(d)(f) or subdivision 14. 34.15 (b) For fiscalyears 2000 and lateryear 2002, capital 34.16 revenue for a district equals $100 times the district's 34.17 maintenance cost index times its adjusted marginal cost pupil 34.18 units for the school year. 34.19 (c) For fiscal year 2003 and later, total operating capital 34.20 revenue for a district equals the amount determined under 34.21 paragraph (b) or (e), plus $81 times the adjusted marginal cost 34.22 pupil units for the school year. The revenue must be placed in 34.23 a reserved account in the general fund and may only be used 34.24 according to paragraph (f) or subdivision 14. 34.25 (d) For fiscal year 2003 and later, capital revenue for a 34.26 district equals $111 times the district's maintenance cost index 34.27 times its adjusted marginal cost pupil units for the school year. 34.28 (e) For fiscal years 2000 and later, the revenue for a 34.29 district that operates a program under section 124D.128, is 34.30 increased by an amount equal to $30 times the number of marginal 34.31 cost pupil units served at the site where the program is 34.32 implemented. 34.33(d)(f) For fiscal years 2001 and 2002, the district must 34.34 reserve an amount equal to $5 per adjusted marginal cost pupil 34.35 unit for telecommunication access costs. Reserve revenue under 34.36 this paragraph must first be used to pay for ongoing or 35.1 recurring telecommunication access costs, including access to 35.2 data lines, video lines, or Internet access. Any revenue 35.3 remaining after covering all ongoing or recurring access costs 35.4 may be used for computer hardware or equipment. 35.5 Sec. 11. Minnesota Statutes 2000, section 126C.10, 35.6 subdivision 18, is amended to read: 35.7 Subd. 18. [TRANSPORTATION SPARSITY REVENUE ALLOWANCE.] (a) 35.8 For fiscal year 2002, a district's transportation sparsity 35.9 allowance equals the greater of zero or the result of the 35.10 following computation: 35.11 (i) Multiply the formula allowance according to subdivision 35.12 2, by .1469. 35.13 (ii) Multiply the result in clause (i) by the district's 35.14 sparsity index raised to the 26/100 power. 35.15 (iii) Multiply the result in clause (ii) by the district's 35.16 density index raised to the 13/100 power. 35.17 (iv) Multiply the formula allowance according to 35.18 subdivision 2, by .0485. 35.19 (v) Subtract the result in clause (iv) from the result in 35.20 clause (iii). 35.21 (b) For fiscal year 2003 and later, a district's 35.22 transportation sparsity allowance equals the greater of zero or 35.23 the result of the following computation: 35.24 (i) Multiply the formula allowance according to subdivision 35.25 2, by .14. 35.26 (ii) Multiply the result in clause (i) by the district's 35.27 sparsity index raised to the 28/100 power. 35.28 (iii) Multiply the result in clause (ii) by the district's 35.29 density index raised to the 14/100 power. 35.30 (iv) Multiply the formula allowance according to 35.31 subdivision 2, by .0425. 35.32 (v) Subtract the result in clause (iv) from the result in 35.33 clause (iii). 35.34 (c) Transportation sparsity revenue is equal to the 35.35 transportation sparsity allowance times the adjusted marginal 35.36 cost pupil units. 36.1 Sec. 12. Minnesota Statutes 2000, section 126C.10, 36.2 subdivision 19, is amended to read: 36.3 Subd. 19. [TRANSITION ALLOWANCE.] (a) A district's 36.4 transportation transition allowance for fiscal year1998 and36.5later2002 equals the result of the following: 36.6 (1) if the result in subdivision 18, paragraph (a), clause 36.7 (iii), for fiscal year 1998 is less than the fiscal year 1996 36.8 base allowance, the transportation transition allowance equals 36.9 the fiscal year 1996 base allowance minus the result in 36.10 subdivision 18, paragraph (a), clause (iii); or 36.11 (2) if the result in subdivision 18, paragraph (a), clause 36.12 (iii), for fiscal year 1998 and later is greater than or equal 36.13 to the fiscal year 1996 base allowance, the transportation 36.14 transition allowance equals zero. 36.15 (b) A district's compensatory transition allowance for 36.16 fiscal year 2002 equals the greater of zero or the difference 36.17 between: 36.18 (1) the amount of compensatory revenue the district would 36.19 have received under Minnesota Statutes 1996, section 124A.22, 36.20 subdivision 3, for fiscal year 1998 computed using a basic 36.21 formula allowance of $3,281; and 36.22 (2) the amount the district receives under subdivision 3; 36.23 divided by 36.24 (3) the district's actual pupil units for fiscal year 1998. 36.25 (c) A district's cooperation transition allowance for 36.26 fiscal year2001 and later2002 equals the greater of zero or 36.27 the difference between: 36.28 (1) $25,000; and 36.29 (2) $67 times the district's resident pupil units for 36.30 fiscal year 2001; divided by 36.31 (3) the district's resident pupil units for fiscal year 36.32 2001. 36.33 (d) A district's transition allowance forfiscal years 199936.34and 2000 is equal to the sum of its transportation transition36.35allowance and its compensatory transition allowance. A36.36district's transition allowance forfiscal year2001 and37.1thereafter2002 is equal to the sum of its transportation 37.2 transition allowance, its compensatory transition allowance, and 37.3 its cooperation transition allowance. 37.4 (e) A district's transition allowance for fiscal years 37.5 2003, 2004, and 2005 equals the greater of zero or the 37.6 difference between: 37.7 (1) the sum of the amounts the district would have received 37.8 under Minnesota Statutes 2000, sections 126C.10, 126C.17, and 37.9 127A.50 for fiscal year 2003; and 37.10 (2) the sum of the amounts the district receives for fiscal 37.11 year 2003 under sections 126C.10, excluding transition revenue, 37.12 and 126C.17; divided by 37.13 (3) the district's adjusted marginal cost pupil units for 37.14 fiscal year 2003. 37.15 (f) A district's transition allowance for fiscal year 2006 37.16 and later equals zero. 37.17 Sec. 13. Minnesota Statutes 2000, section 126C.10, 37.18 subdivision 20, is amended to read: 37.19 Subd. 20. [TRANSITION REVENUEADJUSTMENT.] A district's 37.20 transition revenueadjustmentequals the district's transition 37.21 allowance times the adjusted marginal cost pupil units for the 37.22 school year. 37.23 Sec. 14. Minnesota Statutes 2000, section 126C.10, 37.24 subdivision 21, is amended to read: 37.25 Subd. 21. [TRANSITION LEVYADJUSTMENT.] (a) A district's 37.26general education levy shall be adjusted by an amount equal to37.27 transition levy for fiscal year 2002 equals the district's 37.28 transition revenue times the lesser of 1 or the ratio of its 37.29 adjusted net tax capacity per adjusted marginal cost pupil unit 37.30 to $8,404. 37.31 (b) A district's transition levy for fiscal years 2003, 37.32 2004, and 2005 equals the district's transition revenue times 37.33 the lesser of 1 or the ratio of its adjusted net tax capacity 37.34 per adjusted marginal cost pupil unit to $4,000. 37.35 Sec. 15. Minnesota Statutes 2000, section 126C.10, 37.36 subdivision 22, is amended to read: 38.1 Subd. 22. [TRANSITION AIDADJUSTMENT.] A district's 38.2 transition aidadjustmentis the difference between the 38.3 transition revenue and the transition levy. 38.4 Sec. 16. Minnesota Statutes 2000, section 126C.10, is 38.5 amended by adding a subdivision to read: 38.6 Subd. 29. [PENSION ADJUSTMENT REVENUE.] For fiscal year 38.7 2003 and later, the pension adjustment revenue for a district 38.8 required to make an additional employer contribution for teacher 38.9 retirement under section 354A.12, subdivision 2a, equals $60 38.10 times the adjusted marginal cost pupil units for the school year. 38.11 Sec. 17. Minnesota Statutes 2000, section 126C.12, 38.12 subdivision 1, is amended to read: 38.13 Subdivision 1. [REVENUE.] (a) Of a district's general 38.14 education revenue for fiscal year2000 and thereafter2002 each 38.15 school district shall reserve an amount equal to the formula 38.16 allowance multiplied by the following calculation: 38.17 (1) the sum of adjusted marginal cost pupils in average 38.18 daily membership, according to section 126C.05, subdivision 5, 38.19 in kindergarten times .057; plus 38.20 (2) the sum of adjusted marginal cost pupils in average 38.21 daily membership, according to section 126C.05, subdivision 5, 38.22 in grades 1 to 3 times .115; plus 38.23 (3) the sum of adjusted marginal cost pupils in average 38.24 daily membership, according to section 126C.05, subdivision 5, 38.25 in grades 4 to 6 times .06. 38.26 (b) Of a district's general education revenue for fiscal 38.27 year 2003 and later, each school district shall reserve an 38.28 amount equal to: 38.29 (i) the product of the formula allowance; times 38.30 (ii) eight percent; times 38.31 (iii) the sum of adjusted marginal cost pupil units 38.32 according to section 126C.05, subdivision 5, in kindergarten 38.33 through grade 6. 38.34 Sec. 18. Minnesota Statutes 2000, section 126C.16, is 38.35 amended by adding a subdivision to read: 38.36 Subd. 4. [PUPIL WEIGHTING ADJUSTMENT.] (a) The department 39.1 must adjust each district's referendum allowance for referendum 39.2 authority approved before July 1, 2001, for fiscal year 2003 and 39.3 all later years for which the revenue is authorized according to 39.4 this subdivision. The adjusted referendum allowance equals the 39.5 referendum allowance according to subdivision 3 and section 39.6 126C.17, times the ratio of the number of resident marginal cost 39.7 pupil units the district would have counted for fiscal year 2003 39.8 under Minnesota Statutes 2000, section 126C.05, subdivision 6, 39.9 to the district's resident marginal cost pupil units for fiscal 39.10 year 2003. 39.11 (b) For fiscal year 2003 and later, the department must 39.12 adjust the fiscal year 1994 referendum allowance used in 39.13 computing the referendum allowance limit under section 126C.17, 39.14 subdivision 2, according to this subdivision. The adjusted 39.15 fiscal year 1994 referendum allowance for a district equals the 39.16 district's fiscal year 1994 referendum allowance times the ratio 39.17 of the number of resident marginal cost pupil units the district 39.18 would have counted for fiscal year 2003 under section 126C.05, 39.19 subdivision 6, to the district's resident marginal cost pupil 39.20 units for fiscal year 2003. 39.21 Sec. 19. Minnesota Statutes 2000, section 126C.17, 39.22 subdivision 2, is amended to read: 39.23 Subd. 2. [REFERENDUM ALLOWANCE LIMIT.] (a) Notwithstanding 39.24 subdivision 1, for fiscal years 2003, 2004, and 2005, a 39.25 district's referendum allowance must not exceed the greater of: 39.26 (1) the district's referendum allowance for fiscal year 39.27 1994 as adjusted according to section 126C.16, subdivision 4; 39.28 (2) 25 percent of the formula allowance; or 39.29 (3) for a newly reorganized district created after July 1, 39.30 1994, the sum of the referendum revenue authority for the 39.31 reorganizing districts for the fiscal year preceding the 39.32 reorganization, divided by the sum of the resident marginal cost 39.33 pupil units of the reorganizing districts for the fiscal year 39.34 preceding the reorganization. 39.35 (b) Notwithstanding subdivision 1, for fiscal year 2006 and 39.36 later, a district's referendum allowance must not exceed the 40.1 greater of: 40.2 (1) the sum of the district's referendum allowance for 40.3 fiscal year 1994, as adjusted according to section 126C.16, 40.4 subdivision 4, and the district's transition allowance for 40.5 fiscal year 2003 according to section 126C.10, subdivision 19; 40.6 (2) 25 percent of the formula allowance; or 40.7 (3) for a newly reorganized district created after July 1, 40.8 1994, the sum of the referendum revenue authority for the 40.9 reorganizing districts for the fiscal year preceding the 40.10 reorganization, divided by the sum of the resident marginal cost 40.11 pupil units of the reorganizing districts for the fiscal year 40.12 preceding the reorganization. 40.13 Sec. 20. [EDUCATION FORMULA ADJUSTMENTS.] 40.14 For fiscal year 2003 and thereafter, the commissioner of 40.15 children, families, and learning shall, in consultation with the 40.16 commissioner of finance, make the adjustments required by this 40.17 section to neutralize the effect of the changes in pupil unit 40.18 weights under Minnesota Statutes, section 126C.05, subdivision 40.19 1, included in this article. Each revenue allowance and 40.20 equalizing factor established under Minnesota Statutes, chapters 40.21 123B, 124D, and 126C, excluding Minnesota Statutes, sections 40.22 126C.10 and 126C.17, as an amount per pupil unit, shall be 40.23 increased by 11 percent. 40.24 Sec. 21. [APPROPRIATIONS.] 40.25 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 40.26 LEARNING.] The sums indicated in this section are appropriated 40.27 from the general fund to the department of children, families, 40.28 and learning for the fiscal years designated. 40.29 Subd. 2. [GENERAL AND SUPPLEMENTAL EDUCATION AID.] For 40.30 general and supplemental education aid: 40.31 $3,277,505 ..... 2002 40.32 $3,323,881 ..... 2003 40.33 The 2002 appropriation includes $319,977 for 2001 and 40.34 $2,957,528 for 2002. 40.35 The 2003 appropriation includes $318,633 for 2002 and 40.36 $3,005,248 for 2003. 41.1 Subd. 3. [TRANSPORTATION AID FOR ENROLLMENT OPTIONS.] For 41.2 transportation of pupils attending post-secondary institutions 41.3 according to Minnesota Statutes, section 124D.09, or for 41.4 transportation of pupils attending nonresident districts 41.5 according to Minnesota Statutes, section 124D.03: 41.6 $70,000 ..... 2002 41.7 $80,000 ..... 2003 41.8 Any balance in the first year does not cancel but is 41.9 available in the second year. 41.10 Subd. 4. [RICHFIELD AIRPORT IMPACT AID.] For Richfield 41.11 airport impact aid according to Laws 2000, chapter 489, article 41.12 2, section 36: 41.13 $1,057,000 ..... 2003 41.14 Subd. 5. [ABATEMENT AID.] For abatement aid according to 41.15 Minnesota Statutes, section 127A.49: 41.16 $6,522,000 ..... 2002 41.17 $6,653,000 ..... 2003 41.18 The 2002 appropriation includes $640,000 for 2001 and 41.19 $5,882,000 for 2002. 41.20 The 2003 appropriation includes $653,000 for 2002 and 41.21 $6,000,000 for 2003. 41.22 Subd. 6. [NONPUBLIC PUPIL AID.] For nonpublic pupil 41.23 education aid according to Minnesota Statutes, sections 123.79 41.24 and 123B.40 to 123B.43: 41.25 $13,277,000 ..... 2002 41.26 $13,872,000 ..... 2003 41.27 The 2002 appropriation includes $1,280,000 for 2001 and 41.28 $11,997,000 for 2002. 41.29 The 2003 appropriation includes $1,332,000 for 2002 and 41.30 $12,540,000 for 2003. 41.31 Subd. 7. [NONPUBLIC PUPIL TRANSPORTATION.] For nonpublic 41.32 pupil transportation aid under Minnesota Statutes, section 41.33 123B.92, subdivision 9: 41.34 $20,821,000 ..... 2002 41.35 $21,939,000 ..... 2003 41.36 The 2002 appropriation includes $2,066,000 for 2001 and 42.1 $18,755,000 for 2002. 42.2 The 2003 appropriation includes $2,084,000 for 2002 and 42.3 $19,855,000 for 2003. 42.4 Subd. 8. [CONSOLIDATION TRANSITION AID.] For districts 42.5 consolidating under Minnesota Statutes, section 123A.485: 42.6 $791,000 ..... 2002 42.7 $803,000 ..... 2003 42.8 The 2002 appropriation includes $44,000 for 2001 and 42.9 $747,000 for 2002. 42.10 The 2003 appropriation includes $83,000 for 2002 and 42.11 $720,000 for 2003. 42.12 Any balance in the first year does not cancel but is 42.13 available in the second year. 42.14 Sec. 22. [REPEALER.] 42.15 (a) Minnesota Statutes 2000, sections 126C.10, subdivisions 42.16 9, 10, 11, 12, 24, 25, 26, 27, and 28; 126C.11; and 127A.50, are 42.17 repealed effective for revenue for fiscal year 2003. 42.18 (b) Minnesota Statutes 2000, section 126C.10, subdivision 42.19 23, is repealed effective for revenue for fiscal year 2002. 42.20 ARTICLE 5 42.21 EDUCATION EXCELLENCE 42.22 Section 1. Minnesota Statutes 2000, section 120B.30, 42.23 subdivision 1, is amended to read: 42.24 Subdivision 1. [STATEWIDE TESTING.] (a) The commissioner, 42.25 with advice from experts with appropriate technical 42.26 qualifications and experience and stakeholders, shall include in 42.27 the comprehensive assessment system, for each grade level to be 42.28 tested, a test, which shall be aligned with the state's 42.29 graduation standards and administered annually to all students 42.30 in the third, fifth, seventh, and eighth grades. The 42.31 commissioner shall establish one or more months during which 42.32 schools shall administer the tests to students each school 42.33 year. Only Minnesota basic skills tests in reading, 42.34 mathematics, and writing shall fulfill students' basic skills 42.35 testing requirements for a passing state notation. The passing 42.36 scores of the state tests in reading and mathematics are the 43.1 equivalent of: 43.2 (1) 70 percent correct for students entering grade 9 in 43.3 1996; and 43.4 (2) 75 percent correct for students entering grade 9 in 43.5 1997 and thereafter, as based on the first uniform test 43.6 administration of February 1998. 43.7Notwithstanding Minnesota Rules, part 3501.0050, subpart 2,43.8at the written request of a parent or guardian, and with the43.9recommendation of the student's teacher, a district may offer43.10the test of basic requirements in reading, math, or writing to43.11an individual student beginning in grade 5. The student must43.12take the same test on the same date as administered to students43.13in eighth grade or higher.Thirdand, fifth, and seventh grade 43.14 test results shall be available to districts for diagnostic 43.15 purposes affecting student learning and district instruction and 43.16 curriculum, and for establishing educational accountability. 43.17 The commissioner must disseminate to the public the thirdand, 43.18 fifth, and seventh grade test results upon receiving those 43.19 results. 43.20 (b) In addition, at thesecondaryhigh school level, 43.21 districts shall assess student performance inall required43.22learning areas and selected required standards within each area43.23of the profile of learningmathematics, reading, and writing. 43.24 The testing instruments and testing process shall be determined 43.25 by the commissioner. The results shall be aggregated at the 43.26 site and district level. The testing shall be administered 43.27 beginning in the 1999-2000 school year and thereafter. 43.28 (c) The commissioner shall report school site and school 43.29 district student academic achievement levels of the current and 43.30 two immediately preceding school years. The report shall 43.31 include students' unweighted mean test scores in each tested 43.32 subject, the unweighted mean test scores of only those students 43.33 enrolled in the school byJanuaryOctober 1 of theprevious43.34 current school year, and the unweighted test scores of all 43.35 students except those students receiving limited English 43.36 proficiency instruction. The report also shall record 44.1 separately, in proximity to the reported performance levels, the 44.2 percentage of students of each gender and the percentages of 44.3 students who are eligible to receive a free or reduced price 44.4 school meal, demonstrate limited English proficiency, are 44.5 identified as migrant students, are a member of a major ethnic 44.6 or racial population, or are eligible to receive special 44.7 education services. 44.8 (d) In addition to the testing and reporting requirements 44.9 under paragraphs (a), (b), and (c), the commissioner shall 44.10 include the following components in the statewide public 44.11 reporting system: 44.12 (1) uniform statewide testing of all third, fifth, seventh, 44.13 eighth, and post-eighth grade students that provides exemptions, 44.14 only with parent or guardian approval, for those very few 44.15 students for whom the student's individual education plan team 44.16 under sections 125A.05 and 125A.06, determines that the student 44.17 is incapable of taking a statewide test, or for a limited 44.18 English proficiency student under section 124D.59, subdivision 44.19 2, if the student has been in the United States for fewer than 44.20 12 months and for whom special language barriers exist, such as 44.21 the student's native language does not have a written form or 44.22 the district does not have access to appropriate interpreter 44.23 services for the student's native language; 44.24 (2) educational indicators that can be aggregated and 44.25 compared across school districts and across time on a statewide 44.26 basis, including average daily attendance, high school 44.27 graduation rates, and high school drop-out rates by age and 44.28 grade level; 44.29 (3) students' scores on the American College Test; and 44.30 (4) participation in the National Assessment of Educational 44.31 Progress so that the state can benchmark its performance against 44.32 the nation and other states, and, where possible, against other 44.33 countries, and contribute to the national effort to monitor 44.34 achievement. 44.35 (e) Districts must report exemptions under paragraph (d), 44.36 clause (1), to the commissioner consistent with a format 45.1 provided by the commissioner. 45.2 Sec. 2. Minnesota Statutes 2000, section 120B.35, is 45.3 amended to read: 45.4 120B.35 [STUDENT ACADEMIC ACHIEVEMENT LEVELS.] 45.5 (a) Each school year, a school district must determine if 45.6 the student achievement levels at each school site meet state 45.7 and local expectations. If student achievement levels at a 45.8 school site do not meet state and local expectations and the 45.9 site has not made adequate yearly progress for twoout of three45.10 consecutive school years, beginning with the2000-20012001-2002 45.11 school year, the district must work with the school site to 45.12 adopt a plan to raise student achievement levels to meet state 45.13 and local expectations.The legislature will determine state45.14expectations after receiving a recommendation fromThe 45.15 commissioner of children, families, and learning shall establish 45.16 the student academic achievement levels as described under 45.17 paragraph (b). 45.18 (b) The commissioner shall establish a statewide continuous 45.19 improvement system that includes all of the following components: 45.20 (1) consistent student academic achievement levels for 45.21 every school site and district in the state using scores from 45.22 the Minnesota comprehensive assessments beginning in school year 45.23 2001-2002; 45.24 (2) a minimum average scale score for each Minnesota 45.25 comprehensive assessment that will be established as the state's 45.26 target score for every grade and subject tested. The 45.27 commissioner will determine these scores after receiving advice 45.28 from experts with appropriate technical qualifications and 45.29 experience and affected stakeholders; 45.30 (3) student achievement levels representing challenging 45.31 standards of performance for all children. The average scale 45.32 score established as the state's target score must, at a 45.33 minimum, represent a student performance level indicating 45.34 beginning proficiency in the subject tested; 45.35 (4) a five-year cycle for school sites and districts to 45.36 meet the state's expectations for student achievement levels. 46.1 School sites and districts with an average scale score below the 46.2 target score in any subject must make adequate yearly progress 46.3 toward the state's expected score as defined by the 46.4 commissioner; 46.5 (5) reporting of school sites and districts not making 46.6 adequate yearly progress for two consecutive years. These 46.7 schools shall be identified as "in need of improvement." 46.8 Schools below the state target but making adequate yearly 46.9 progress shall be classified as "making progress." Schools with 46.10 average scale scores above the state target shall be classified 46.11 as "exceeding state expectations." In addition, the department 46.12 shall provide for public access to school performance indicators 46.13 as provided for in paragraph (e); 46.14 (6) continuous improvement plans developed as provided for 46.15 in paragraph (a) and described in paragraph (c). The 46.16 department, at a district's request, must assist the district 46.17 and the school site in developing a plan to improve student 46.18 achievement. The plan must include parental involvement 46.19 components; and 46.20 (7) a system of technical assistance for schools and 46.21 districts not meeting state expectations as provided for in 46.22 paragraph (d). 46.23 (c) School sites identified as "in need of improvement" 46.24 shall develop continuous improvement plans in order to meet 46.25 state and local expectations for student academic achievement. 46.26 Continuous improvement plans must contain all of the following: 46.27 (1) a self-study on eight components of quality education 46.28 including curriculum, instruction, assessment, professional 46.29 development, family and community involvement, leadership, 46.30 governance, and the alignment of resources; 46.31 (2) identification of site-specific goals tied to an 46.32 analysis of need which must be supported by student achievement 46.33 data; and 46.34 (3) an analysis of other site-level data including student 46.35 attendance, dropout rates, and student demographic information 46.36 including gender, major ethnic and racial populations, the 47.1 number of students receiving free and reduced price lunch, the 47.2 number of students identified as limited English proficient, 47.3 migrant status, and the number of students receiving special 47.4 education services. 47.5 (d) The commissioner shall create a continuous improvement 47.6 support system to provide technical assistance to school sites 47.7 and districts identified as needing improvement. The department 47.8 shall establish a team of external reviewers and experts to 47.9 assist schools in the development of continuous improvement 47.10 plans as described in paragraph (c). The department must work 47.11 with the schools in greatest need, such as those schools 47.12 identified as needing improvement in multiple subjects, those 47.13 identified for multiple years, or those furthest away from the 47.14 state's expectations as provided for in paragraph (b). If 47.15 resources remain, the department shall provide assistance to 47.16 sites and districts upon request. 47.17 (e) The commissioner shall establish and maintain a 47.18 continuous improvement Web site designed to make data on every 47.19 school and district available to parents, teachers, 47.20 administrators, community members, and the general public. 47.21 Sec. 3. [122A.73] [TEACHERS FOR THE 21ST CENTURY.] 47.22 Subdivision 1. [ESTABLISHMENT.] A teachers for the 21st 47.23 century initiative is established to attract and retain 47.24 qualified teachers in areas of identified shortages and support 47.25 new teachers in schools with high levels of poverty. The 47.26 teachers for the 21st century initiative consists of a targeted 47.27 loan forgiveness or tuition reimbursement program, a 47.28 provisional/transitional license change program, an alternative 47.29 license/teaching academy program, an individual certificate 47.30 account program, and a mentoring and induction support program. 47.31 The commissioner of children, families, and learning shall 47.32 identify areas of teacher shortages, develop eligibility 47.33 criteria for participation in the programs, develop and 47.34 disseminate application materials for the programs, select 47.35 program participants, and carry out other activities to 47.36 implement this section. These programs are available only for a 48.1 person entering a program for teacher preparation after June 30, 48.2 2001. 48.3 Subd. 2. [TARGETED LOAN FORGIVENESS OR TUITION 48.4 REIMBURSEMENT PROGRAM.] The purpose of the teacher loan 48.5 forgiveness or tuition reimbursement program is to repay the 48.6 loans or reimburse tuition costs of qualified licensed teachers 48.7 who teach in areas of identified teacher shortage. A licensed 48.8 teacher who has successfully completed an accredited teacher 48.9 preparation program in a Minnesota post-secondary institution in 48.10 an identified area of teacher shortage may submit an application 48.11 to the commissioner to participate in the targeted loan 48.12 forgiveness or tuition reimbursement program. In addition to 48.13 any other criteria established by the commissioner, the 48.14 applicant must be employed as a teacher in a Minnesota public 48.15 school in an area of identified teacher shortage. Program 48.16 participants, who meet the criteria under this subdivision, may 48.17 designate for each year of post-secondary education leading to a 48.18 license to teach in an identified area of teacher shortage, up 48.19 to a total of four years, an agreed amount, not to exceed $2,000 48.20 per year, as qualified loans or tuition. For each year that a 48.21 participant is employed in a school according to this 48.22 subdivision, up to a total of four years, the commissioner shall 48.23 annually pay an amount equal to one year of qualified loans or 48.24 tuition. 48.25 Subd. 3. [PROVISIONAL/TRANSITIONAL LICENSE CHANGE 48.26 PROGRAM.] The purpose of the provisional/transitional license 48.27 change program is to provide grants or tuition waivers to 48.28 persons who are enrolled and making satisfactory progress in an 48.29 accredited teacher preparation program in a Minnesota 48.30 post-secondary institution or teacher residency program in an 48.31 area of teacher shortage. A person seeking an initial teacher 48.32 license or an additional teacher license in an identified area 48.33 of teacher shortage may submit an application to the 48.34 commissioner to participate in the provisional/transitional 48.35 license change program. For each year, up to two years, the 48.36 commissioner may award up to $2,500 to each program participant 49.1 for grants or tuition waivers under this subdivision. If a 49.2 participant does not teach for two years after being licensed in 49.3 an identified area of teacher shortage in a Minnesota public 49.4 school, the commissioner must collect from the participant 49.5 one-half of the amount paid or tuition waived under this 49.6 provisional/transitional license change program. The board of 49.7 teaching shall grant limited licenses to program participants to 49.8 teach in an area of teacher shortage for up to two years. The 49.9 board of teaching shall conduct background checks of program 49.10 participants under section 122A.09, subdivision 8. 49.11 Subd. 4. [ALTERNATIVE LICENSE/TEACHING ACADEMY 49.12 PROGRAM.] The purpose of the alternative license/teaching 49.13 academy program is to award grants to school districts or groups 49.14 of school districts to establish teaching academies for persons 49.15 with at least a four-year degree in an identified area of 49.16 teacher shortage from a post-secondary institution to teach in 49.17 the identified area of teacher shortage and work toward being 49.18 granted a teacher license. A school district or group of school 49.19 districts may submit an application to the commissioner to 49.20 participate in the alternative license/teaching academy 49.21 program. In addition to any other criteria established by the 49.22 commissioner, a teaching academy must include a program of 49.23 professional development and instruction in the school 49.24 district. A district must assign a mentor/master teacher to 49.25 work closely with a teaching academy candidate for at least one 49.26 year and make a recommendation to the board of teaching as to 49.27 the granting of a teacher license to the candidate. The 49.28 commissioner may award grants up to $5,000 per candidate to 49.29 school districts or groups of school districts participating in 49.30 the alternative license/teaching academy program. The grants 49.31 may be used for stipends to mentor/master teachers, professional 49.32 development costs, and administering the program. 49.33 Subd. 5. [INDIVIDUAL CERTIFICATE ACCOUNT PROGRAM.] The 49.34 purpose of the individual certificate account program is to 49.35 establish individual certificate accounts for persons to use for 49.36 tuition to attend an accredited teacher preparation program in a 50.1 Minnesota post-secondary institution in an identified area of 50.2 teacher shortage. In addition to any other criteria established 50.3 by the commissioner, a program applicant must work with teachers 50.4 in an educational setting at least ten hours a week. Eligible 50.5 applicants, who may include high school students, school 50.6 volunteers, or paraprofessionals, may submit applications to the 50.7 commissioner to participate in the individual certificate 50.8 account program. For each year, up to five years, the 50.9 commissioner may deposit a certificate of $2,000 in a 50.10 participant's account. A certificate expires five years after 50.11 its date of issuance. 50.12 Subd. 6. [MENTORING AND INDUCTION SUPPORT PROGRAM.] The 50.13 purpose of the mentoring and induction support program is to 50.14 award grants to school districts for teachers who mentor 50.15 teachers in the first three years of teaching in schools with 50.16 high levels of poverty. A school district may submit an 50.17 application to the commissioner of children, families, and 50.18 learning to participate in the mentoring and induction support 50.19 program. The commissioner may award grants to eligible 50.20 applicants for stipends of up to $500 per year for each mentor 50.21 teacher without National Board Certification and up to $1,000 50.22 for each mentor teacher with National Board Certification. 50.23 Subd. 7. [REPORT.] The commissioner of children, families, 50.24 and learning shall report annually each year on the teachers for 50.25 the 21st century initiative to the education policy committees 50.26 of the house of representatives and the senate on the number of 50.27 participants receiving grants in each program, the identified 50.28 area of need for each applicant, a qualitative assessment of the 50.29 participants' effectiveness in the classroom, and information on 50.30 the impact of each program and the initiative in recruiting and 50.31 retraining quality teachers. The commissioner may contract for 50.32 this report. 50.33 Subd. 8. [EXPIRATION.] This section expires June 30, 2005. 50.34 Sec. 4. Minnesota Statutes 2000, section 124D.74, 50.35 subdivision 1, is amended to read: 50.36 Subdivision 1. [PROGRAM DESCRIBED.] American Indian 51.1language and cultureeducation programs are programs in public 51.2 elementary and secondary schools, nonsectarian nonpublic, 51.3 community, tribal, or alternative schools enrolling American 51.4 Indian children designed: 51.5 (1) to support post-secondary preparation for pupils; 51.6 (2) to support the academic achievement of American Indian 51.7 students; 51.8 (3) to make the curriculum more relevant to the needs, 51.9 interests, and cultural heritage of American Indian pupils; 51.10(2)(4) to provide positive reinforcement of the self-image 51.11 of American Indian pupils;and51.12(3)(5) to develop intercultural awareness among pupils, 51.13 parents, and staff; and 51.14 (6) to supplement, not supplant, state and federal 51.15 educational and cocurricular programs. 51.16 Program components may include:instruction in American Indian51.17language, literature, history, and culturedevelopment of 51.18 support components for students in the areas of academic 51.19 achievement, retention, and attendance; development of support 51.20 components for staff, including in-service training and 51.21 technical assistance in methods of teaching American Indian 51.22 pupils; research projects, including experimentation with and 51.23 evaluation of methods of relating to American Indian pupils; 51.24 provision of personal and vocational counseling to American 51.25 Indian pupils; modification of curriculum, instructional 51.26 methods, and administrative procedures to meet the needs of 51.27 American Indian pupils; andestablishment of cooperative51.28liaisons with nonsectarian nonpublic, community, tribal or51.29alternative schools offering curricula which reflect American51.30Indian culturesupplemental instruction in American Indian 51.31 language, literature, history, and culture. Districts offering 51.32 programs may make contracts for the provision of program 51.33 components bynonsectarian nonpublic, community, tribal or51.34alternative schoolsestablishing cooperative liaisons with 51.35 tribal programs and American Indian social service agencies. 51.36 These programs may also be provided as components of early 52.1 childhood and family education programs. 52.2 Sec. 5. Minnesota Statutes 2000, section 124D.74, 52.3 subdivision 2, is amended to read: 52.4 Subd. 2. [VOLUNTARY ENROLLMENT.] Enrollment in American 52.5 Indianlanguage and cultureeducation programs must be 52.6 voluntary. School districts and participating schools must make 52.7 affirmative efforts to encourage participation. They shall 52.8 encourage parents to visit classes or come to school for a 52.9 conference explaining the nature of the program and provide 52.10 visits by school staff to parents' homes to explain the nature 52.11 of the program. 52.12 Sec. 6. Minnesota Statutes 2000, section 124D.74, 52.13 subdivision 3, is amended to read: 52.14 Subd. 3. [ENROLLMENT OF OTHER CHILDREN; SHARED TIME 52.15 ENROLLMENT.] To the extent it is economically feasible, a 52.16 district or participating school may make provision for the 52.17 voluntary enrollment of non-American Indian children in the 52.18 instructional components of an American Indianlanguage and52.19cultureeducation program in order that they may acquire an 52.20 understanding of the cultural heritage of the American Indian 52.21 children for whom that particular program is designed. However, 52.22 in determining eligibility to participate in a program, priority 52.23 must be given to American Indian children. American Indian 52.24 children and other children enrolled in an existing nonpublic 52.25 school system may be enrolled on a shared time basis in American 52.26 Indianlanguage and cultureeducation programs. 52.27 Sec. 7. Minnesota Statutes 2000, section 124D.74, 52.28 subdivision 4, is amended to read: 52.29 Subd. 4. [LOCATION OF PROGRAMS.] American Indianlanguage52.30and cultureeducation programs must be located in facilities in 52.31 which regular classes in a variety of subjects are offered on a 52.32 daily basis. Programs may operate on an extended day or 52.33 extended year basis. 52.34 Sec. 8. Minnesota Statutes 2000, section 124D.74, 52.35 subdivision 6, is amended to read: 52.36 Subd. 6. [NONVERBAL COURSES AND EXTRACURRICULAR 53.1 ACTIVITIES.] In predominantly nonverbal subjects, such as art, 53.2 music, and physical education, American Indian children shall 53.3 participate fully and on an equal basis with their 53.4 contemporaries in school classes provided for these subjects. 53.5 Every school district or participating school shall ensure to 53.6 children enrolled in American Indianlanguage and culture53.7 education programs an equal and meaningful opportunity to 53.8 participate fully with other children in all extracurricular 53.9 activities. This subdivision shall not be construed to prohibit 53.10 instruction in nonverbal subjects or extracurricular activities 53.11 which relate to the cultural heritage of the American Indian 53.12 children, or which are otherwise necessary to accomplish the 53.13 objectives described in sections 124D.71 to 124D.82. 53.14 Sec. 9. Minnesota Statutes 2000, section 124D.75, 53.15 subdivision 6, is amended to read: 53.16 Subd. 6. [PERSONS ELIGIBLE FOR EMPLOYMENT; EXEMPTIONS.] 53.17 Any person licensed under this section shall be eligible for 53.18 employment by a school board or a participating school as a 53.19 teacher in an American Indianlanguage and cultureeducation 53.20 program in which the American Indian language or culture in 53.21 which the person is licensed is taught. A school district or 53.22 participating school may prescribe only those additional 53.23 qualifications for teachers licensed under this section as are 53.24 approved by the board of teaching. Any school board or 53.25 participating school upon request may be exempted from the 53.26 licensure requirements of this section in the hiring of one or 53.27 more American Indian language and culture education teachers for 53.28 any school year in which compliance would, in the opinion of the 53.29 commissioner, create a hardship in the securing of the teachers. 53.30 Sec. 10. Minnesota Statutes 2000, section 124D.76, is 53.31 amended to read: 53.32 124D.76 [TEACHERS AIDES; COMMUNITY COORDINATORS.] 53.33 In addition to employing American Indian language and 53.34 culture education teachers, each district or participating 53.35 school providing programs pursuant to sections 124D.71 to 53.36 124D.82 may employ teachers' aides. Teachers' aides must not be 54.1 employed for the purpose of supplanting American Indian language 54.2 and culture education teachers. 54.3 Any district or participating school which conducts 54.4 American Indianlanguage and cultureeducation programs pursuant 54.5 to sections 124D.71 to 124D.82 must employ one or more full-time 54.6 or part-time community coordinators if there are 100 or more 54.7 students enrolled in the program. Community coordinators shall 54.8 promote communication understanding, and cooperation between the 54.9 schools and the community and shall visit the homes of children 54.10 who are to be enrolled in an American Indianlanguage and54.11cultureeducation program in order to convey information about 54.12 the program. 54.13 Sec. 11. Minnesota Statutes 2000, section 124D.78, 54.14 subdivision 1, is amended to read: 54.15 Subdivision 1. [PARENT COMMITTEE.] School boards and 54.16 American Indian schools must provide for the maximum involvement 54.17 of parents of children enrolled in education programs,including54.18language and culture education programs,programs for elementary 54.19 and secondary grades, special education programs, and support 54.20 services. Accordingly, the board of a school district in which 54.21 there are ten or more American Indian children enrolled and each 54.22 American Indian school must establish a parent committee. If a 54.23 committee whose membership consists of a majority of parents of 54.24 American Indian children has been or is established according to 54.25 federal, tribal, or other state law, that committee may serve as 54.26 the committee required by this section and is subject to, at 54.27 least, the requirements of this subdivision and subdivision 2. 54.28 The parent committee must develop its recommendations in 54.29 consultation with the curriculum advisory committee required by 54.30 section 120B.11, subdivision 3. This committee must afford 54.31 parents the necessary information and the opportunity 54.32 effectively to express their views concerning all aspects of 54.33 American Indian education and the educational needs of the 54.34 American Indian children enrolled in the school or program. The 54.35 committee must also address the need for adult education 54.36 programs for American Indian people in the community. The board 55.1 or American Indian school must ensure that programs are planned, 55.2 operated, and evaluated with the involvement of and in 55.3 consultation with parents of children served by the programs. 55.4 Sec. 12. Minnesota Statutes 2000, section 124D.81, 55.5 subdivision 1, is amended to read: 55.6 Subdivision 1. [GRANTS; PROCEDURES.] Each fiscal year the 55.7 commissioner of children, families, and learning must make 55.8 grants to no fewer than six American Indianlanguage and culture55.9 education programs. At least three programs must be in urban 55.10 areas and at least three must be on or near reservations. The 55.11 board of a local district, a participating school or a group of 55.12 boards may develop a proposal for grants in support of American 55.13 Indianlanguage and cultureeducation programs. Proposals may 55.14 provide for contracts for the provision of program components by 55.15 nonsectarian nonpublic, community, tribal, or alternative 55.16 schools. The commissioner shall prescribe the form and manner 55.17 of application for grants, and no grant shall be made for a 55.18 proposal not complying with the requirements of sections 124D.71 55.19 to 124D.82. The commissioner must submit all proposals to the 55.20 state advisorytask forcecommittee on American Indianlanguage55.21and cultureeducation programs for its recommendations 55.22 concerning approval, modification, or disapproval and the 55.23 amounts of grants to approved programs. 55.24 Sec. 13. Minnesota Statutes 2000, section 124D.81, 55.25 subdivision 3, is amended to read: 55.26 Subd. 3. [ADDITIONAL REQUIREMENTS.] Each district 55.27 receiving a grant under this section must each year conduct a 55.28 count of American Indian children in the schools of the 55.29 district; test for achievement; identify the extent of other 55.30 educational needs of the children to be enrolled in the American 55.31 Indianlanguage and cultureeducation program; and classify the 55.32 American Indian children by grade, level of educational 55.33 attainment, age and achievement. Participating schools must 55.34 maintain records concerning the needs and achievements of 55.35 American Indian children served. 55.36 Sec. 14. Minnesota Statutes 2000, section 124D.81, 56.1 subdivision 5, is amended to read: 56.2 Subd. 5. [RECORDS.] Participating schools and districts 56.3 must keep records and afford access to them as the commissioner 56.4 finds necessary to ensure that American Indianlanguage and56.5cultureeducation programs are implemented in conformity with 56.6 sections 124D.71 to 124D.82. Each school district or 56.7 participating school must keep accurate, detailed, and separate 56.8 revenue and expenditure accounts for pilot American Indian 56.9language and cultureeducation programs funded under this 56.10 section. 56.11 Sec. 15. Minnesota Statutes 2000, section 124D.81, 56.12 subdivision 6, is amended to read: 56.13 Subd. 6. [MONEY FROM OTHER SOURCES.] A district or 56.14 participating school providing American Indianlanguage and56.15cultureeducation programs shall be eligible to receive moneys 56.16 for these programs from other government agencies and from 56.17 private sources when the moneys are available. 56.18 Sec. 16. Minnesota Statutes 2000, section 124D.81, 56.19 subdivision 7, is amended to read: 56.20 Subd. 7. [EXCEPTIONS.] Nothing in sections 124D.71 to 56.21 124D.82 shall be construed as prohibiting a district or school 56.22 from implementing an American Indianlanguage and culture56.23 education program which is not in compliance with sections 56.24 124D.71 to 124D.82 if the proposal and plan for that program is 56.25 not funded pursuant to this section. 56.26 Sec. 17. [124D.945] [PERFORMANCE INCENTIVE POOL PROGRAM.] 56.27 Subdivision 1. [ESTABLISHMENT.] A performance incentive 56.28 pool program is established for school districts or school sites 56.29 to create new compensation packages and career paths for 56.30 teachers built around measurable student outcomes and 56.31 improvement of teaching. 56.32 Subd. 2. [ELIGIBILITY; APPLICATION.] (a) To participate in 56.33 this program, a school district or school site must: 56.34 (1) fully implement the graduation standards within a 56.35 specified time period; 56.36 (2) have specific assessment and evaluation tools to 57.1 measure student performance and progress; 57.2 (3) have measures to show improved student attendance and 57.3 completion rates; 57.4 (4) show evidence of professional development that aligns 57.5 curriculum and instruction; 57.6 (5) have measures of student, family, and community 57.7 involvement and satisfaction; 57.8 (6) maintain a data system with information about students 57.9 and their academic progress that provides parents and the public 57.10 with understandable information; 57.11 (7) use a compensation structure that provides professional 57.12 options for teachers whose primary role is to provide student 57.13 instruction and that eliminates pay increases tied to years of 57.14 service; and 57.15 (8) provide other necessary information required by the 57.16 commissioner. 57.17 A school district or school site also must formally adopt 57.18 and implement a compensation plan in a contract, memorandum of 57.19 understanding, or other legal document agreed to by the teachers 57.20 and the school district or school site. The compensation plan 57.21 must include all teachers in the school district or school site 57.22 that receives funding from the incentive pool. 57.23 (b) To be eligible to participate in this program, a school 57.24 district or school site must submit an application to the 57.25 commissioner in the form and manner the commissioner prescribes. 57.26 (c) The commissioner shall select applicants that qualify 57.27 for this program, notify school districts and school sites about 57.28 the program, develop and disseminate application materials, and 57.29 carry out other activities needed to implement this section. 57.30 Subd. 3. [INCENTIVE.] A school district or school site 57.31 shall receive $150 per adjusted marginal cost pupil unit in 57.32 addition to any other funding for each school year that the 57.33 district or site participates in the program. 57.34 Subd. 4. [EXPIRATION.] This section expires June 30, 2005. 57.35 Sec. 18. [APPROPRIATIONS.] 57.36 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 58.1 LEARNING.] The sums indicated in this section are appropriated 58.2 from the general fund, unless otherwise indicated, to the 58.3 department of children, families, and learning for the fiscal 58.4 years designated. 58.5 Subd. 2. [STATEWIDE TESTING AND GRADUATION STANDARDS 58.6 SUPPORT.] For supporting implementation of the graduation 58.7 standards: 58.8 $6,500,000 ..... 2002 58.9 $6,500,000 ..... 2003 58.10 Any balance in the first year does not cancel but is 58.11 available in the second year. 58.12 Subd. 3. [ADVANCED PLACEMENT AND INTERNATIONAL 58.13 BACCALAUREATE PROGRAMS.] For the state advanced placement and 58.14 international baccalaureate programs: 58.15 $1,875,000 ..... 2002 58.16 $1,875,000 ..... 2003 58.17 Notwithstanding Minnesota Statutes, section 120B.13, 58.18 subdivisions 1 and 2, $375,000 each year is for teachers to 58.19 attend subject matter summer training programs and follow-up 58.20 support workshops approved by the advanced placement or 58.21 international baccalaureate programs. The amount of the subsidy 58.22 for each teacher attending an advanced placement or 58.23 international baccalaureate summer training program or workshop 58.24 shall be the same. The commissioner shall determine the payment 58.25 process and the amount of the subsidy. 58.26 Notwithstanding Minnesota Statutes, section 120B.13, 58.27 subdivision 3, in each year to the extent of available 58.28 appropriations, the commissioner shall pay all examination fees 58.29 for all students sitting for an advanced placement examination, 58.30 international baccalaureate examination, or both. If this 58.31 amount is not adequate, the commissioner may pay less than the 58.32 full examination fee. 58.33 Any balance in the first year does not cancel but is 58.34 available in the second year. 58.35 Subd. 4. [CHARTER SCHOOL BUILDING LEASE AID.] For building 58.36 lease aid according to Minnesota Statutes, section 124D.11, 59.1 subdivision 4: 59.2 $17,045,000 ..... 2002 59.3 $26,240,000 ..... 2003 59.4 The 2002 appropriation includes $1,113,000 for 2001 and 59.5 $15,932,000 for 2002. 59.6 The 2003 appropriation includes $1,770,000 for 2002 and 59.7 $24,470,000 for 2003. 59.8 Subd. 5. [CHARTER SCHOOL STARTUP GRANTS.] For charter 59.9 school startup cost aid under Minnesota Statutes, section 59.10 124D.11: 59.11 $3,003,000 ..... 2002 59.12 $3,597,000 ..... 2003 59.13 The 2002 appropriation includes $285,000 for 2001 and 59.14 $2,718,000 for 2002. 59.15 The 2003 appropriation includes $302,000 for 2002 and 59.16 $3,295,000 for 2003. 59.17 Subd. 6. [CHARTER SCHOOL INTEGRATION AID.] For grants to 59.18 charter schools to promote integration and desegregation 59.19 according to Minnesota Statutes, section 124D.11, subdivision 6, 59.20 paragraph (e): 59.21 $50,000 ..... 2002 59.22 $50,000 ..... 2003 59.23 Any balance in the first year does not cancel but is 59.24 available in the second year. 59.25 Subd. 7. [BEST PRACTICES SEMINARS.] For best practices 59.26 graduation rule seminars and other professional development 59.27 capacity building activities that assure proficiency in teaching 59.28 and implementation of graduation rule standards: 59.29 $5,000,000 ..... 2002 59.30 $5,000,000 ..... 2003 59.31 Of this amount, for fiscal year 2002, $1,000,000 is for 59.32 arts via the Internet collaborative project between the Walker 59.33 art center and the Minneapolis institute of arts. 59.34 Subd. 8. [INTEGRATION AID.] For integration aid: 59.35 $59,835,000 ..... 2002 59.36 $59,997,000 ..... 2003 60.1 The 2002 appropriation includes $5,707,000 for 2001 and 60.2 $54,128,000 for 2002. 60.3 The 2003 appropriation includes $6,014,000 for 2002 and 60.4 $53,983,000 for 2003. 60.5 Subd. 9. [INTEGRATION PROGRAMS.] For minority fellowship 60.6 grants according to Laws 1994, chapter 647, article 8, section 60.7 29; minority teacher incentives according to Minnesota Statutes, 60.8 section 122A.65; teachers of color grants according to Minnesota 60.9 Statutes, section 122A.64; and cultural exchange grants 60.10 according to Minnesota Statutes, section 124D.89: 60.11 $1,000,000 ..... 2002 60.12 $1,000,000 ..... 2003 60.13 Any balance in the first year does not cancel but is 60.14 available in the second year. 60.15 In awarding teacher of color grants, priority must be given 60.16 to districts that have students who are currently in the process 60.17 of completing their academic program. 60.18 Subd. 10. [MAGNET SCHOOL GRANTS.] For magnet school and 60.19 program grants: 60.20 $1,750,000 ..... 2002 60.21 $1,050,000 ..... 2003 60.22 These amounts may be used for magnet school programs 60.23 according to Minnesota Statutes, section 124D.88. 60.24 Subd. 11. [MAGNET SCHOOL STARTUP AID.] For magnet school 60.25 startup aid under Minnesota Statutes, section 124D.88: 60.26 $482,000 ..... 2002 60.27 $325,000 ..... 2003 60.28 The 2002 appropriation includes $25,000 for 2001 and 60.29 $457,000 for 2002. The 2003 appropriation includes $50,000 for 60.30 2002 and $275,000 for 2003. 60.31 Subd. 12. [INTERDISTRICT DESEGREGATION OR INTEGRATION 60.32 TRANSPORTATION GRANTS.] For interdistrict desegregation or 60.33 integration transportation grants under Minnesota Statutes, 60.34 section 124D.87: 60.35 $2,105,000 ..... 2003 60.36 Subd. 13. [AMERICAN INDIAN LANGUAGE AND CULTURE PROGRAMS.] 61.1 For grants to American Indian language and culture education 61.2 programs according to Minnesota Statutes 2000, section 124D.81, 61.3 subdivision 1: 61.4 $73,000 ..... 2002 61.5 The 2002 appropriation includes $73,000 for 2001 and $0 for 61.6 2002. 61.7 Any balance in the first year does not cancel but is 61.8 available in the second year. 61.9 Subd. 14. [AMERICAN INDIAN EDUCATION.] For certain 61.10 American Indian education programs in school districts: 61.11 $73,000 ..... 2002 61.12 The 2002 appropriation includes $17,000 for 2001 and $0 for 61.13 2002. 61.14 Subd. 15. [SUCCESS FOR THE FUTURE.] For American Indian 61.15 success for the future grants according to Minnesota Statutes, 61.16 section 124D.81: 61.17 $3,049,000 ..... 2002 61.18 $3,387,000 ..... 2003 61.19 The 2002 appropriation includes $0 for 2001 and $3,049,000 61.20 for 2002. 61.21 The 2003 appropriation includes $338,000 for 2002 and 61.22 $3,049,000 for 2003. 61.23 Subd. 16. [AMERICAN INDIAN SCHOLARSHIPS.] For American 61.24 Indian scholarships according to Minnesota Statutes, section 61.25 124D.84: 61.26 $1,875,000 ..... 2002 61.27 $1,875,000 ..... 2003 61.28 Any balance in the first year does not cancel but is 61.29 available in the second year. 61.30 Subd. 17. [INDIAN TEACHER PREPARATION GRANTS.] (a) For 61.31 joint grants to assist Indian people to become teachers: 61.32 $190,000 ..... 2002 61.33 $190,000 ..... 2003 61.34 (b) Up to $70,000 each year is for a joint grant to the 61.35 University of Minnesota at Duluth and the Duluth school district. 61.36 (c) Up to $40,000 each year is for a joint grant to each of 62.1 the following: 62.2 (1) Bemidji state university and the Red Lake school 62.3 district; 62.4 (2) Moorhead state university and a school district located 62.5 within the White Earth reservation; and 62.6 (3) Augsburg college, independent school district No. 625, 62.7 St. Paul, and the Minneapolis school district. 62.8 (d) Money not used for students at one location may be 62.9 transferred for use at another location. 62.10 (e) Any balance in the first year does not cancel but is 62.11 available in the second year. 62.12 Subd. 18. [TRIBAL CONTRACT SCHOOLS.] For tribal contract 62.13 school aid according to Minnesota Statutes, section 124D.83: 62.14 $2,520,000 ..... 2002 62.15 $2,767,000 ..... 2003 62.16 The 2002 appropriation includes $192,000 for 2001 and 62.17 $2,328,000 for 2002. 62.18 The 2003 appropriation includes $258,000 for 2002 and 62.19 $2,509,000 for 2003. 62.20 Subd. 19. [EARLY CHILDHOOD PROGRAMS AT TRIBAL 62.21 SCHOOLS.] For early childhood family education programs at 62.22 tribal contract schools: 62.23 $68,000 ..... 2002 62.24 $68,000 ..... 2003 62.25 Subd. 20. [FIRST GRADE PREPAREDNESS.] For first grade 62.26 preparedness grants according to Minnesota Statutes, section 62.27 124D.081: 62.28 $7,000,000 ..... 2002 62.29 $7,000,000 ..... 2003 62.30 Subd. 21. [SECONDARY VOCATIONAL EDUCATION AID.] For 62.31 secondary vocational education aid according to Minnesota 62.32 Statutes, section 124D.453: 62.33 $1,241,000 ..... 2002 62.34 The 2002 appropriation includes $1,241,000 for 2001 and $0 62.35 for 2002. 62.36 Subd. 22. [YOUTHWORKS PROGRAM.] For funding youthworks 63.1 programs according to Minnesota Statutes, sections 124D.37 to 63.2 124D.45: 63.3 $1,788,000 ..... 2002 63.4 $1,788,000 ..... 2003 63.5 A grantee organization may provide health and child care 63.6 coverage to the dependents of each participant enrolled in a 63.7 full-time youth works program to the extent such coverage is not 63.8 otherwise available. 63.9 Any balance in the first year does not cancel but is 63.10 available in the second year. 63.11 Subd. 23. [EDUCATION AND EMPLOYMENT TRANSITIONS PROGRAM 63.12 GRANTS.] For education and employment transitions programming 63.13 under Minnesota Statutes, section 124D.46: 63.14 $1,825,000 ..... 2002 63.15 $1,825,000 ..... 2003 63.16 Of this appropriation, $450,000 each year is for ISEEK. 63.17 $750,000 each year is for youth apprenticeship grants. 63.18 $125,000 each year is to conduct a high school follow-up 63.19 survey to include first, third, and sixth year graduates of 63.20 Minnesota schools. 63.21 $500,000 each year is for the jobs for America's graduates 63.22 program. 63.23 Any balance in the first year does not cancel but is 63.24 available in the second year. 63.25 Subd. 24. [LEARN AND EARN GRADUATION ACHIEVEMENT PROGRAM.] 63.26 For the learn and earn graduation achievement program according 63.27 to Minnesota Statutes, section 124D.32: 63.28 $725,000 ..... 2002 63.29 $725,000 ..... 2003 63.30 Any balance in the first year does not cancel but is 63.31 available in the second year. 63.32 Subd. 25. [ADVANCE ACHIEVEMENT AND ACCOUNTABILITY.] For 63.33 the department of children, families, and learning to develop 63.34 statewide assessments and provide assistance to school districts 63.35 that are not making adequate progress on the Minnesota 63.36 comprehensive assessments: 64.1 $5,000,000 ..... 2002 64.2 $5,000,000 ..... 2003 64.3 Subd. 26. [PERFORMANCE INCENTIVE POOL.] For a performance 64.4 incentive pool established under Minnesota Statutes, section 64.5 124D.945: 64.6 $5,000,000 ..... 2002 64.7 $10,000,000 ..... 2003 64.8 Any balance in the first year does not cancel but is 64.9 available in the second year. 64.10 Subd. 27. [TEACHERS FOR THE 21ST CENTURY.] For the teacher 64.11 shortage initiative established under Minnesota Statutes, 64.12 section 122A.73: 64.13 $5,000,000 ..... 2002 64.14 $5,000,000 ..... 2003 64.15 These amounts are to be appropriated from the workforce 64.16 development account in the special revenue fund. Of this 64.17 amount, $100,000 each year is to be used for evaluation of this 64.18 initiative. Any balance in the first year does not cancel but 64.19 is available in the second year. 64.20 Sec. 19. [REPEALER.] 64.21 Minnesota Statutes 2000, section 124D.85, is repealed. 64.22 ARTICLE 6 64.23 SPECIAL PROGRAMS 64.24 Section 1. [APPROPRIATIONS.] 64.25 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 64.26 LEARNING.] The sums indicated in this section are appropriated 64.27 from the general fund to the department of children, families, 64.28 and learning for the fiscal years designated. 64.29 Subd. 2. [SPECIAL EDUCATION AID.] For special education 64.30 aid according to Minnesota Statutes, section 125A.75: 64.31 $507,726,000 ..... 2002 64.32 $532,052,000 ..... 2003 64.33 The 2002 appropriation includes $47,400,000 for 2001 and 64.34 $460,326,000 for 2002. 64.35 The 2003 appropriation includes $51,147,000 for 2002 and 64.36 $480,905,000 for 2003. 65.1 Subd. 3. [AID FOR CHILDREN WITH A DISABILITY.] For aid 65.2 according to Minnesota Statutes, section 125A.75, subdivision 3, 65.3 for children with a disability placed in residential facilities 65.4 within the district boundaries for whom no district of residence 65.5 can be determined: 65.6 $1,867,000 ..... 2002 65.7 $2,022,000 ..... 2003 65.8 If the appropriation for either year is insufficient, the 65.9 appropriation for the other year is available. Any balance in 65.10 the first year does not cancel but is available in the second 65.11 year. 65.12 Subd. 4. [TRAVEL FOR HOME-BASED SERVICES.] For aid for 65.13 teacher travel for home-based services according to Minnesota 65.14 Statutes, section 125A.75, subdivision 1: 65.15 $135,000 ..... 2002 65.16 $138,000 ..... 2003 65.17 The 2002 appropriation includes $13,000 for 2001 and 65.18 $122,000 for 2002. 65.19 The 2003 appropriation includes $13,000 for 2002 and 65.20 $125,000 for 2003. 65.21 Subd. 5. [SPECIAL EDUCATION EXCESS COST AID.] For excess 65.22 cost aid: 65.23 $97,210,000 ..... 2002 65.24 $99,258,000 ..... 2003 65.25 The 2002 appropriation includes $9,358,000 for 2001 and 65.26 $87,852,000 for 2002. 65.27 The 2003 appropriation includes $9,760,000 for 2002 and 65.28 $89,498,000 for 2003. 65.29 Subd. 6. [LITIGATION COSTS.] For paying the costs a 65.30 district incurs under Minnesota Statutes, section 125A.75, 65.31 subdivision 8: 65.32 $375,000 ..... 2002 65.33 $375,000 ..... 2003 65.34 Subd. 7. [TRANSITION PROGRAMS; STUDENTS WITH 65.35 DISABILITIES.] For aid for transition programs for pupils with 65.36 disabilities according to Minnesota Statutes, section 124D.454: 66.1 $8,959,000 ..... 2002 66.2 $8,948,000 ..... 2003 66.3 The 2002 appropriation includes $896,000 for 2001 and 66.4 $8,063,000 for 2002. 66.5 The 2003 appropriation includes $895,000 for 2002 and 66.6 $8,053,000 for 2003. 66.7 Subd. 8. [COURT-PLACED SPECIAL EDUCATION REVENUE.] For 66.8 reimbursing serving school districts for unreimbursed eligible 66.9 expenditures attributable to children placed in the serving 66.10 school district by court action under Minnesota Statutes, 66.11 section 125A.79, subdivision 4: 66.12 $350,000 ..... 2002 66.13 $350,000 ..... 2003 66.14 Subd. 9. [OUT-OF-STATE TUITION SPECIAL EDUCATION.] For 66.15 special education out-of-state tuition according to Minnesota 66.16 Statutes, section 125A.79, subdivision 8: 66.17 $250,000 ..... 2002 66.18 $250,000 ..... 2003 66.19 ARTICLE 7 66.20 FACILITIES AND TECHNOLOGY 66.21 Section 1. Minnesota Statutes 2000, section 123B.53, 66.22 subdivision 2, is amended to read: 66.23 Subd. 2. [ELIGIBILITY.] (a) The following portions of a 66.24 district's debt service levy qualify for debt service 66.25 equalization: 66.26 (1) debt service for repayment of principal and interest on 66.27 bonds issued before July 2, 1992; 66.28 (2) debt service for bonds refinanced after July 1, 1992, 66.29 if the bond schedule has been approved by the commissioner and, 66.30 if necessary, adjusted to reflect a 20-year maturity schedule; 66.31 and 66.32 (3) debt service for bonds issued after July 1, 1992, for 66.33 construction projects that have received a positive review and 66.34 comment according to section 123B.71, if the commissioner has 66.35 determined that the district has met the criteria under section 66.36 126C.69, subdivision 3,except section 126C.69, subdivision 3,67.1paragraph (a), clause (2),and if the bond schedule has been 67.2 approved by the commissioner and, if necessary, adjusted to 67.3 reflect a 20-year maturity schedule. 67.4 (b) The criterion described in section 126C.69, subdivision 67.5 3, paragraph (a), clause (9), does not apply to bonds authorized 67.6 by elections held before July 1, 1992. 67.7 (c) For the purpose of this subdivision the department 67.8 shall determine the eligibility for sparsity at the location of 67.9 the new facility, or the site of the new facility closest to the 67.10 nearest operating school if there is more than one new facility. 67.11 (d) Notwithstanding paragraphs (a) to (c), debt service for 67.12 repayment of principal and interest on bonds issued after July 67.13 1, 1997, does not qualify for debt service equalization aid 67.14 unless the primary purpose of the facility is to serve students 67.15 in kindergarten through grade 12. 67.16 Sec. 2. Minnesota Statutes 2000, section 123B.53, 67.17 subdivision 4, is amended to read: 67.18 Subd. 4. [DEBT SERVICE EQUALIZATION REVENUE.] (a) The debt 67.19 service equalization revenue of a district equals the sum of the 67.20 first tier debt service equalization revenue and the second tier 67.21 debt service equalization revenue. 67.22 (b) The first tier debt service equalization revenue of a 67.23 district equals the greater of zero or the eligible debt service 67.24 revenue minus the amount raised by a levy of 12 percent times 67.25 the adjusted net tax capacity of the district minus the second 67.26 tier debt service equalization revenue of the district. 67.27 (c) The second tier debt service equalization revenue of a 67.28 district equals the greater of zero or the eligible debt service 67.29 revenue minus the amount raised by a levy of 20 percent times 67.30 the adjusted net tax capacity of the district. 67.31 Sec. 3. Minnesota Statutes 2000, section 123B.53, 67.32 subdivision 5, is amended to read: 67.33 Subd. 5. [EQUALIZED DEBT SERVICE LEVY.]To obtain debt67.34service equalization revenue, a district must levy an amount not67.35to exceed the district's debt service equalization revenue(a) 67.36 The equalized debt service levy of a district equals the sum of 68.1 the first tier equalized debt service levy and the second tier 68.2 equalized debt service levy. 68.3 (b) A district's first tier equalized debt service levy 68.4 equals the district's first tier debt service equalization 68.5 revenue times the lesser of one or the ratio of: 68.6 (1) the quotient derived by dividing the adjusted net tax 68.7 capacity of the district for the year before the year the levy 68.8 is certified by the adjusted pupil units in the district for the 68.9 school year ending in the year prior to the year the levy is 68.10 certified; to 68.11 (2)$4,000$5,000. 68.12 (c) A district's second tier equalized debt service levy 68.13 equals the district's second tier debt service equalization 68.14 revenue times the lesser of one or the ratio of: 68.15 (1) the quotient derived by dividing the adjusted net tax 68.16 capacity of the district for the year before the year the levy 68.17 is certified by the adjusted pupil units in the district for the 68.18 school year ending in the year prior to the year the levy is 68.19 certified; to 68.20 (2) $9,000. 68.21 Sec. 4. Minnesota Statutes 2000, section 123B.54, is 68.22 amended to read: 68.23 123B.54 [DEBT SERVICE APPROPRIATION.] 68.24 (a)$33,141,000 in fiscal year 2000, $29,400,000 in fiscal68.25year 2001, $26,934,000$53,250,000 in fiscal year2002,2004 68.26 and$24,540,000$54,129,000 in fiscal year20032005 and each 68.27 year thereafter is appropriated from the general fund to the 68.28 commissioner of children, families, and learning for payment of 68.29 debt service equalization aid under section 123B.53. 68.30 (b) The appropriations in paragraph (a) must be reduced by 68.31 the amount of any money specifically appropriated for the same 68.32 purpose in any year from any state fund. 68.33 Sec. 5. Minnesota Statutes 2000, section 126C.63, is 68.34 amended by adding a subdivision to read: 68.35 Subd. 8a. [MAXIMUM EFFORT DEBT SERVICE LEVY.] Districts 68.36 granted a capital loan after January 1, 2001, must make an 69.1 additional general fund levy equal to the amount determined for 69.2 the next fiscal year according to the amortization schedule 69.3 certified under section 126C.72, subdivision 5. The levy is 69.4 eligible for debt service equalization aid according to section 69.5 123B.53. The district's general education aid for the next 69.6 fiscal year must be reduced by the amount of the net levy 69.7 remaining after the debt service equalization aid is subtracted. 69.8 Sec. 6. Minnesota Statutes 2000, section 126C.69, 69.9 subdivision 3, is amended to read: 69.10 Subd. 3. [DISTRICT REQUEST FOR REVIEW AND COMMENT.] A 69.11 district or a joint powers district that intends to apply for a 69.12 capital loan must submit a proposal to the commissioner for 69.13 review and comment according to section 123B.71by July 1 of an69.14odd-numbered year. The commissioner shall prepare a review and 69.15 comment on the proposed facility, regardless of the amount of 69.16 the capital expenditure required to construct the facility. In 69.17 addition to the information provided under section 123B.71, 69.18 subdivision 9, the commissioner shall require that predesign 69.19 packages comparable to those required under section 16B.335 be 69.20 prepared by the applicant school district. The predesign 69.21 packages must be sufficient to define the scope, cost, and 69.22 schedule of the project and must demonstrate that the project 69.23 has been analyzed according to appropriate space needs standards 69.24 and also consider the following criteria in determining whether 69.25 to make a positive review and comment. 69.26 (a) To grant a positive review and comment the commissioner 69.27 shall determine that all of the following conditions are met: 69.28 (1) the facilities are needed for pupils for whom no 69.29 adequate facilities exist or will exist; 69.30 (2)the district will serve, on average, at least 80 pupils69.31per grade or is eligible for elementary or secondary sparsity69.32revenuethere is evidence to indicate that the facilities will 69.33 have a useful public purpose for at least the term of the bonds; 69.34 (3) no form of cooperation with another district would 69.35 provide the necessary facilities; 69.36 (4) the facilities are comparable in size and quality to 70.1 facilities recently constructed in other districts that have 70.2 similar enrollments; 70.3 (5) the facilities are comparable in size and quality to 70.4 facilities recently constructed in other districts that are 70.5 financed without a capital loan; 70.6 (6) the district is projected tomaintain or increase its70.7average daily membership over the next five years or is eligible70.8for elementary or secondary sparsity revenuehave adequate funds 70.9 in its general operating budget to support a quality education 70.10 for its students for at least the next five years; 70.11 (7) the current facility poses a threat to the life, 70.12 health, and safety of pupils, and cannot reasonably be brought 70.13 into compliance with fire, health, or life safety codes; 70.14 (8) the district has made a good faith effort, as evidenced 70.15 by its maintenance expenditures, to adequately maintain the 70.16 existing facility during the previous ten years and to comply 70.17 with fire, health, and life safety codes and state and federal 70.18 requirements for handicapped accessibility; 70.19 (9) the district has made a good faith effort to encourage 70.20 integration of social service programs within the new facility; 70.21and70.22 (10) evaluations by boards of adjacent districts have been 70.23 received; 70.24 (11) the proposal includes a comprehensive technology plan 70.25 that assures information access for the students, parents, and 70.26 community; and 70.27 (12) the performance of the students indicates that the 70.28 district is providing a quality educational program for the 70.29 students it serves. 70.30 (b) The commissioner may grant a negative review and 70.31 comment if: 70.32 (1) the state demographer has examined the population of 70.33 the communities to be served by the facility and determined that 70.34 the communities have not grown during the previous five years; 70.35 (2) the state demographer determines that the economic and 70.36 population bases of the communities to be served by the facility 71.1 are not likely to grow or to remain at a level sufficient, 71.2 during the next ten years, to ensure use of the entire facility; 71.3 (3) the need for facilities could be met within the 71.4 district or adjacent districts at a comparable cost by leasing, 71.5 repairing, remodeling, or sharing existing facilities or by 71.6 using temporary facilities; 71.7 (4) the district plans do not include cooperation and 71.8 collaboration with health and human services agencies and other 71.9 political subdivisions; or 71.10 (5) if the application is for new construction, an existing 71.11 facility that would meet the district's needs could be purchased 71.12 at a comparable cost from any other source within the area. 71.13 Sec. 7. Minnesota Statutes 2000, section 126C.69, 71.14 subdivision 9, is amended to read: 71.15 Subd. 9. [LOAN AMOUNT LIMITS.] (a) A loan must not be 71.16 recommended for approval for a district exceeding an amount 71.17 computed as follows: 71.18 (1) the amount requested by the district under subdivision 71.19 6; 71.20 (2) plus the aggregate principal amount of general 71.21 obligation bonds of the district outstanding on June 30 of the 71.22 year following the year the application was received, not 71.23 exceeding the limitation on net debt of the districtinon 71.24 December 1 of the year the application is received under section 71.25 475.53, subdivision 4, or 363 percent of its adjusted net tax71.26capacity as most recently determined, whichever is less; 71.27 (3) less the maximum net debt permissible for the district 71.28 on December 1 of the year the application is received, under the 71.29 limitation in section 475.53, subdivision 4, or 363 percent of71.30its adjusted net tax capacity as most recently determined,71.31whichever is less; 71.32 (4) less any amount by which the amount voted exceeds the 71.33 total cost of the facilities for which the loan is granted. 71.34 (b) The loan may be approved in an amount computed as 71.35 provided in paragraph (a), clauses (1) to (3), subject to later 71.36 reduction according to paragraph (a), clause (4). 72.1 Sec. 8. Minnesota Statutes 2000, section 126C.69, 72.2 subdivision 12, is amended to read: 72.3 Subd. 12. [CONTRACT.] (a) Each capital loan must be 72.4 evidenced by a contract between the district and the state 72.5 acting through the commissioner. The contract must obligate the 72.6 state to reimburse the district, from the maximum effort school 72.7 loan fund, for eligible capital expenses for construction of the 72.8 facility for which the loan is granted, an amount computed as 72.9 provided in subdivision 9. The commissioner must receive from 72.10 the district a certified resolution of the board estimating the 72.11 costs of construction and reciting that contracts for 72.12 construction of the facilities for which the loan is granted 72.13 have been awarded and that bonds of the district have been 72.14 issued and sold in the amount necessary to pay all estimated 72.15 costs of construction in excess of the amount of the loan. The 72.16 contract must obligate the district to repay the loan out of the 72.17 excesses of its maximum effort debt service levy over its 72.18 required debt service levy, including interest at a rate equal 72.19 to the weighted average annual rate payable on Minnesota state 72.20 school loan bonds issued for the project and disbursed to the 72.21 districts on a reimbursement basis, but in no event less than 72.22 3-1/2 percent per year on the principal amount from time to time 72.23 unpaid. 72.24 (b) The district must each year, as long as it is indebted 72.25 to the state, levy for debt service (i) the amount of its 72.26 maximum effort debt service levy or (ii) the amount of its 72.27 required debt service levy, whichever is greater, except as the 72.28 required debt service levy may be reduced by a loan under 72.29 section 126C.68. The district shall remit payments to the 72.30 commissioner according to section 126C.71. 72.31 (c) The commissioner shall supervise the collection of 72.32 outstanding accounts due the fund and may, by notice to the 72.33 proper county auditor, require the maximum levy to be made as 72.34 required in this subdivision. Interest on capital loans must be 72.35 paid on December 15 of the year after the year the loan is 72.36 granted and annually in later years. By September 30, the 73.1 commissioner shall notify the county auditor of each county 73.2 containing taxable property situated within the district of the 73.3 amount of the maximum effort debt service levy of the district 73.4 for that year. The county auditor or auditors shall extend upon 73.5 the tax rolls an ad valorem tax upon all taxable property within 73.6 the district in the aggregate amount so certified. 73.7 (d) For districts granted a capital loan after January 1, 73.8 2001, the capital loan contract shall obligate the district to 73.9 certify an additional general fund levy for 20 years as 73.10 specified in section 126C.63, subdivision 8a. 73.11 Sec. 9. Minnesota Statutes 2000, section 126C.72, is 73.12 amended by adding a subdivision to read: 73.13 Subd. 5. [CAPITAL LOAN OBLIGATION.] (a) For districts 73.14 granted a capital loan after January 1, 2001, the commissioner 73.15 of finance shall establish a 20-year amortization schedule to 73.16 retire the state bonds issued to finance the capital loan. The 73.17 commissioner of finance shall adjust the amortization schedule 73.18 for any refunding and for the actual interest rates for bonds 73.19 issued to fund the capital loan. The amortization schedule and 73.20 any adjusted schedules shall be supplied to the school district, 73.21 county auditor, and commissioner of children, families, and 73.22 learning. 73.23 (b) Notwithstanding section 123B.53, the amount of debt 73.24 service equalization aid attributable to the additional general 73.25 fund levy under section 126C.63, subdivision 8a, shall not be 73.26 paid to the school district, but shall be transferred from the 73.27 debt service equalization aid appropriation to the state bond 73.28 fund each fiscal year. In addition, an amount equal to the 73.29 general education aid reduction according to section 126C.63, 73.30 subdivision 8a, shall be transferred from the general education 73.31 aid appropriation to the state bond fund each fiscal year. 73.32 Sec. 10. Minnesota Statutes 2000, section 475.53, 73.33 subdivision 4, is amended to read: 73.34 Subd. 4. [SCHOOL DISTRICTS.] Except as otherwise provided 73.35 by law, no school district shall be subject to a net debt in 73.36 excess of tenpercent of the actual market value of all taxable74.1property situated within its corporate limits, as computed in74.2accordance with this subdivision. The county auditor of each74.3county containing taxable real or personal property situated74.4within any school district shall certify to the district upon74.5request the market value of all such property. Whenever the74.6commissioner of revenue, in accordance with section 127A.48,74.7subdivisions 1 to 6, has determined that the net tax capacity of74.8any district furnished by county auditors is not based upon the74.9market value of taxable property in the district, the74.10commissioner of revenue shall certify to the district upon74.11request the ratio most recently ascertained to exist between74.12such value and the actual market value of property within the74.13district. The actual market value of property within a74.14district, on which its debt limit under this subdivision is74.15based, is (a) the value certified by the county auditors, or (b)74.16this value divided by the ratio certified by the commissioner of74.17revenue, whichever results in a higher valuetimes the most 74.18 recent adjusted net tax capacity of the district. 74.19 Sec. 11. [APPROPRIATIONS.] 74.20 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 74.21 LEARNING.] The sums indicated in this section are appropriated 74.22 from the general fund to the department of children, families, 74.23 and learning for the fiscal years designated. 74.24 Subd. 2. [HEALTH AND SAFETY AID.] For health and safety 74.25 aid according to Minnesota Statutes, section 123B.57, 74.26 subdivision 5: 74.27 $15,000,000 ..... 2002 74.28 $14,550,000 ..... 2003 74.29 The 2002 appropriation includes $1,500,000 for 2001 and 74.30 $13,500,000 for 2002. 74.31 The 2003 appropriation includes $1,500,000 for 2002 and 74.32 $13,050,000 for 2003. 74.33 Subd. 3. [DEBT SERVICE AID.] For debt service aid 74.34 according to Minnesota Statutes, section 123B.53, subdivision 6: 74.35 $26,178,000 ..... 2002 74.36 $30,502,000 ..... 2003 75.1 The 2002 appropriation includes $2,864,000 for 2001 and 75.2 $23,314,000 for 2002. 75.3 The 2003 appropriation includes $2,590,000 for 2002 and 75.4 $27,912,000 for 2003. 75.5 Subd. 4. [INTERACTIVE TELEVISION (ITV) AID.] For 75.6 interactive television (ITV) aid under Minnesota Statutes, 75.7 section 126C.40, subdivision 4: 75.8 $1,366,000 ..... 2002 75.9 $123,000 ..... 2003 75.10 The 2002 appropriation includes $259,000 for 2001 and 75.11 $1,107,000 for 2002. 75.12 The 2003 appropriation includes $123,000 for 2002 and $0 75.13 for 2003. 75.14 Subd. 5. [ALTERNATIVE FACILITIES BONDING AID.] For 75.15 alternative facilities bonding aid, according to Minnesota 75.16 Statutes, section 123B.59, subdivision 1: 75.17 $19,280,000 ..... 2002 75.18 $19,287,000 ..... 2003 75.19 The 2002 appropriation includes $1,921,000 for 2001 and 75.20 $17,359,000 for 2002. 75.21 The 2003 appropriation includes $1,928,000 for 2002 and 75.22 $17,359,000 for 2003. 75.23 Subd. 6. [TELECOMMUNICATION ACCESS REVENUE.] For 75.24 telecommunication access cost revenue under Minnesota Statutes, 75.25 section 125B.25: 75.26 $18,520,000 ..... 2002 75.27 $1,852,000 ..... 2003 75.28 The 2002 appropriation includes $1,852,000 for 2001 and 75.29 $16,668,000 for 2002. 75.30 The 2003 appropriation includes $1,852,000 for 2002 and $0 75.31 for 2003. 75.32 If the appropriation amount is insufficient, the 75.33 commissioner shall reduce the reimbursement rate in Minnesota 75.34 Statutes, section 125B.25, subdivisions 5 and 6, and the revenue 75.35 for the 2001-2002 school year shall be prorated. The 75.36 reimbursement rate shall not exceed 100 percent. 76.1 Subd. 7. [DECLINING PUPIL AID; ST. PETER.] For a grant to 76.2 independent school district No. 508, St. Peter, to ameliorate 76.3 general fund operating losses associated with the March 1998 76.4 tornado: 76.5 $173,000 ..... 2002 76.6 $91,000 ..... 2003 76.7 Subd. 8. [FLOODS; DECLINING PUPIL AID.] For declining 76.8 pupil aid under Laws 2000, chapter 489, article 5, section 23: 76.9 $921,000 ..... 2002 76.10 ARTICLE 8 76.11 NUTRITION PROGRAMS 76.12 Section 1. [124D.1156] [FAST BREAK TO LEARNING BREAKFAST 76.13 PROGRAM.] 76.14 Subdivision 1. [PURPOSE.] The purpose of the fast break to 76.15 learning breakfast program is to ensure that all children have 76.16 an opportunity to eat a nutritious breakfast each school day and 76.17 that barriers such as the social stigma of poverty, or 76.18 inadequate facilities or transportation, do not deny student 76.19 access to nutritious food. 76.20 Subd. 2. [ELIGIBILITY.] The commissioner shall provide 76.21 funding to the 41 targeted breakfast program grant recipients 76.22 under Laws 1997, First Special Session chapter 4, article 6, 76.23 section 19, and then to public or nonpublic elementary schools 76.24 that participate in the federal School Breakfast and Lunch 76.25 Programs where at least 33 percent of the lunches served to 76.26 children during the second preceding school year were provided 76.27 free or at a reduced price. Schools shall not charge student 76.28 households for fast break to learning meals. Schools shall 76.29 encourage all children to eat a nutritious breakfast, either at 76.30 home or at school, and shall work to eliminate barriers to 76.31 participation at school such as inadequate facilities and 76.32 transportation. 76.33 Subd. 3. [PROGRAM.] The fast break to learning school 76.34 breakfast program enables schools participating in the federal 76.35 School Breakfast and Lunch Programs to cover the costs for 76.36 school breakfast without charging student households. 77.1 Subd. 4. [PROGRAM REIMBURSEMENT.] State funds are provided 77.2 to reimburse fast break to learning school breakfasts. Each 77.3 school year, the state must reimburse schools for the difference 77.4 between the per meal federal rate of reimbursement and the per 77.5 meal state average cost. Meals that are reimbursed at a federal 77.6 rate that is equal to or higher than the state average cost do 77.7 not qualify for fast break to learning funds. Schools must use 77.8 the funds to provide school breakfast to school children every 77.9 day school is in session. 77.10 Sec. 2. [124D.1195] [COMMODITY DONATED FOOD REVOLVING 77.11 FUND.] 77.12 A revolving fund is established for the purpose of 77.13 depositing cash received for commodity donated foods that have 77.14 been lost, damaged, recalled, or diverted for processing. The 77.15 state shall use the fund to issue payments for the value of the 77.16 lost, damaged, recalled, or diverted commodity donated foods and 77.17 related costs. 77.18 Sec. 3. Minnesota Statutes 2000, section 127A.45, 77.19 subdivision 12, is amended to read: 77.20 Subd. 12. [PAYMENT PERCENTAGE FOR CERTAIN AIDS.] One 77.21 hundred percent of the aid for the current fiscal year must be 77.22 paid for the following aids: reimbursement for transportation 77.23 to post-secondary institutions, according to section 124D.09, 77.24 subdivision 22; aid for the program for adults with 77.25 disabilities, according to section 124D.56, subdivision 2; 77.26school lunch aid, according to section 124D.111;hearing 77.27 impaired support services aid, according to section 124D.57; 77.28 Indian post-secondary preparation grants according to section 77.29 124D.85; integration grants according to Laws 1989, chapter 329, 77.30 article 8, section 14, subdivision 3; and debt service aid 77.31 according to section 123B.53, subdivision 6. 77.32 Sec. 4. Minnesota Statutes 2000, section 127A.45, is 77.33 amended by adding a subdivision to read: 77.34 Subd. 14a. [STATE NUTRITION PROGRAMS.] Notwithstanding 77.35 subdivision 3, the state shall pay 100 percent of the aid for 77.36 the current year according to sections 124D.111, 124D.115, and 78.1 124D.118 and 90 percent of the aid for the current year 78.2 according to section 124D.1156 based on submitted monthly 78.3 vouchers showing meals and milk served. The remaining ten 78.4 percent according to section 124D.1156 shall be paid by October 78.5 30 of the following fiscal year. 78.6 Sec. 5. [APPROPRIATIONS.] 78.7 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 78.8 LEARNING.] The sums indicated in this section are appropriated 78.9 from the general fund to the department of children, families, 78.10 and learning for the fiscal years designated. 78.11 Subd. 2. [SCHOOL LUNCH.] (a) For school lunch aid 78.12 according to Minnesota Statutes, section 124D.111, and Code of 78.13 Federal Regulations, title 7, section 210.17, and for school 78.14 milk aid according to Minnesota Statutes, section 124D.118: 78.15 $8,710,000 ..... 2002 78.16 $8,950,000 ..... 2003 78.17 (b) Not more than $800,000 of the amount appropriated each 78.18 year may be used for school milk aid. 78.19 Subd. 3. [SCHOOL BREAKFAST.] For school breakfast aid 78.20 under Minnesota Statutes, section 124D.115: 78.21 $640,000 ..... 2002 78.22 $700,000 ..... 2003 78.23 Subd. 4. [SUMMER FOOD SERVICE REPLACEMENT AID.] For summer 78.24 food service replacement aid under Minnesota Statutes, section 78.25 124D.119: 78.26 $150,000 ..... 2002 78.27 $150,000 ..... 2003 78.28 Subd. 5. [FAST BREAK TO LEARNING GRANTS.] For fast break 78.29 to learning grants under Minnesota Statutes, section 124D.1156: 78.30 $2,446,000 ..... 2002 78.31 $2,839,000 ..... 2003 78.32 The 2002 appropriation includes $0 for 2001 and $2,446,000 78.33 for 2002. 78.34 The 2003 appropriation includes $272,000 for 2002 and 78.35 $2,567,000 for 2003. 78.36 Sec. 6. [REPEALER.] 79.1 Minnesota Statutes 2000, section 124D.1155, is repealed. 79.2 ARTICLE 9 79.3 LIBRARIES 79.4 Section 1. Minnesota Statutes 2000, section 125B.20, 79.5 subdivision 1, is amended to read: 79.6 Subdivision 1. [ESTABLISHMENT; PURPOSE.] The purpose of 79.7 developing a statewide school district telecommunications 79.8 network is to expand the availability of a broad range of 79.9 courses and degrees to students throughout the state, to share 79.10 information resources to improve access, quality, and 79.11 efficiency, to improve learning, and distance cooperative 79.12 learning opportunities, and to promote the exchange of ideas 79.13 among students, parents, teachers, media generalists, 79.14 librarians, and the public. In addition, through the 79.15 development of this statewide telecommunications network 79.16 emphasizing cost-effective, competitive connections, all 79.17 Minnesotans will benefit by enhancing access to 79.18 telecommunications technology throughout the state. Network 79.19 connections for school districts and public libraries are 79.20 coordinated and fully integrated into the existing state 79.21 telecommunications and interactive television networks to 79.22 achieve comprehensive and efficient interconnectivity of school 79.23 districts and libraries to higher education institutions, state 79.24 agencies, other governmental units, agencies, and institutions 79.25 throughout Minnesota. A school district may apply to the 79.26 commissioner for a grant under subdivision 2, and a regional79.27public library may apply under subdivision 3. The Minnesota 79.28 education telecommunications council established in Laws 1995, 79.29 First Special Session chapter 3, article 12, section 7, shall 79.30 establish priorities for awarding grants, making grant awards, 79.31 and being responsible for the coordination of networks. 79.32 Sec. 2. [134.47] [REGIONAL LIBRARY TELECOMMUNICATIONS 79.33 AID.] 79.34 Subdivision 1. [ELIGIBILITY.] (a) A regional public 79.35 library system may apply for regional library telecommunications 79.36 aid. The aid must be used for data and video access costs and 80.1 other related costs to improve or maintain electronic access and 80.2 connect the library system with the state information 80.3 infrastructure administered by the department of administration 80.4 under section 16B.465. Priority shall be given to public 80.5 libraries that have not received access. To be eligible, a 80.6 regional public library system must be officially designated by 80.7 the commissioner of children, families, and learning as a 80.8 regional public library system as defined in section 134.34, 80.9 subdivision 3, and each of its participating cities and counties 80.10 must meet local support levels defined in section 134.34, 80.11 subdivision 1. A public library building that receives aid 80.12 under this section must be open a minimum of 20 hours per week. 80.13 (b) Aid received under this section may not be used to 80.14 substitute for any existing local funds allocated to provide 80.15 electronic access, or equipment for library staff or the public, 80.16 or local funds dedicated to other library operations. 80.17 (c) An application for regional library telecommunications 80.18 aid must, at a minimum, contain information to document the 80.19 following: 80.20 (1) that the data line or video link relies on a transport 80.21 medium that operates at a minimum speed of 1.544 megabytes per 80.22 second for each regional public library system headquarters or 80.23 public library building and employs an open network architecture 80.24 that will ensure interconnectivity and interoperability with 80.25 school districts, post-secondary education, or other 80.26 governmental agencies; 80.27 (2) that the connection is established through the most 80.28 cost-effective means and that the regional library has explored 80.29 and coordinated connections through school districts, 80.30 post-secondary education, or other governmental agencies; 80.31 (3) that the connection and system will be connected to the 80.32 state information infrastructure through the department of 80.33 administration under section 16B.465 and that a network services 80.34 and management agreement is in place; 80.35 (4) the vendor selected will provide service from the 80.36 library to a state information infrastructure hub or through a 81.1 more cost-effective connection point to the state information 81.2 infrastructure; 81.3 (5) the regional library system has filed an e-rate 81.4 application; and 81.5 (6) other information, as determined by the commissioner of 81.6 children, families, and learning, to ensure that connections are 81.7 coordinated, efficient, and cost-effective; take advantage of 81.8 discounts; and meet applicable state standards. 81.9 The library system may include costs associated with 81.10 cooperative arrangements with post-secondary institutions, 81.11 school districts, and other governmental agencies. 81.12 Subd. 2. [AWARD OF FUNDS.] The commissioner of children, 81.13 families, and learning shall develop application and reporting 81.14 form and procedures for regional library telecommunications 81.15 aid. Aid shall be based on actual costs of connections and 81.16 funds available for this purpose. The commissioner shall make 81.17 payments directly to the regional public library system. 81.18 Sec. 3. [APPROPRIATIONS.] 81.19 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 81.20 LEARNING.] The sums indicated in this section are appropriated 81.21 from the general fund to the department of children, families, 81.22 and learning for the fiscal years designated. 81.23 Subd. 2. [BASIC SUPPORT GRANTS.] For basic support grants 81.24 according to Minnesota Statutes, sections 134.32 to 134.35: 81.25 $8,570,000 ..... 2002 81.26 $8,570,000 ..... 2003 81.27 The 2002 appropriation includes $857,000 for 2001 and 81.28 $7,713,000 for 2002. 81.29 The 2003 appropriation includes $857,000 for 2002 and 81.30 $7,713,000 for 2003. 81.31 Subd. 3. [MULTICOUNTY, MULTITYPE LIBRARY SYSTEMS.] For 81.32 grants according to Minnesota Statutes, sections 134.353 and 81.33 134.354, to multicounty, multitype library systems: 81.34 $903,000 ..... 2002 81.35 $903,000 ..... 2003 81.36 The 2002 appropriation includes $90,000 for 2001 and 82.1 $813,000 for 2002. 82.2 The 2003 appropriation includes $90,000 for 2002 and 82.3 $813,000 for 2003. 82.4 Subd. 4. [REGIONAL LIBRARY TELECOMMUNICATIONS AID.] For 82.5 aid to regional public library systems under Minnesota Statutes, 82.6 section 134.47: 82.7 $1,200,000 ..... 2002 82.8 $1,200,000 ..... 2003 82.9 Any balance in the first year does not cancel but is 82.10 available in the second year. 82.11 Sec. 4. [REPEALER.] 82.12 Minnesota Statutes 2000, section 125B.20, subdivision 3, is 82.13 repealed. 82.14 ARTICLE 10 82.15 STATE AGENCIES 82.16 Section 1. [APPROPRIATIONS; DEPARTMENT OF CHILDREN, 82.17 FAMILIES, AND LEARNING.] 82.18 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 82.19 LEARNING.] Unless otherwise indicated, the sums indicated in 82.20 this section are appropriated from the general fund to the 82.21 department of children, families, and learning for the fiscal 82.22 years designated. 82.23 Subd. 2. [DEPARTMENT.] (a) For the department of children, 82.24 families, and learning: 82.25 $32,049,000 ..... 2002 82.26 $32,567,000 ..... 2003 82.27 Any balance in the first year does not cancel but is 82.28 available in the second year. 82.29 (b) $260,000 each year is for the Minnesota Children's 82.30 Museum. 82.31 (c) $625,000 in 2002 and $625,000 in 2003 is for the 82.32 Minnesota foundation for student organizations. 82.33 (d) $684,000 in 2002 and $690,000 in 2003 is for the board 82.34 of teaching. 82.35 (e) The expenditures of federal grants and aids as shown in 82.36 the biennial budget document and its supplements are approved 83.1 and appropriated and shall be spent as indicated. 83.2 Sec. 2. [APPROPRIATIONS; PERPICH CENTER FOR ARTS 83.3 EDUCATION.] 83.4 The sums indicated in this section are appropriated from 83.5 the general fund to the Perpich center for arts education for 83.6 the fiscal years designated: 83.7 $7,531,000 ..... 2002 83.8 $7,666,000 ..... 2003 83.9 Any balance in the first year does not cancel but is 83.10 available in the second year. 83.11 Sec. 3. [APPROPRIATIONS; FARIBAULT ACADEMIES.] 83.12 The sums indicated in this section are appropriated from 83.13 the general fund to the Faribault academies for the deaf and the 83.14 blind for the fiscal years designated: 83.15 $10,761,000 ..... 2002 83.16 $10,966,000 ..... 2003 83.17 Any balance in the first year does not cancel but is 83.18 available in the second year.