HF 1102

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; providing for kindergarten 
  1.3             through grade 12 general education, special programs, 
  1.4             educational excellence and other policy, and 
  1.5             nutrition; providing for family and early childhood 
  1.6             education; amending Minnesota Statutes 2002, sections 
  1.7             84A.51, subdivision 4; 119A.52; 120A.24, subdivision 
  1.8             4; 121A.21; 121A.23, subdivision 1; 121A.41, 
  1.9             subdivision 10; 122A.414, by adding a subdivision; 
  1.10            122A.415, subdivision 3; 123B.88, subdivision 2; 
  1.11            124D.081, by adding a subdivision; 124D.09, 
  1.12            subdivision 20; 124D.10, subdivisions 2a, 4, 16; 
  1.13            124D.118, subdivision 3; 124D.13, subdivisions 4, 8; 
  1.14            124D.15, subdivision 7; 124D.16, subdivision 1; 
  1.15            124D.454, subdivisions 1, 2, 3, by adding a 
  1.16            subdivision; 124D.52, subdivision 3; 125A.023, 
  1.17            subdivision 3; 125A.03; 125A.08; 125A.28; 125A.30; 
  1.18            126C.05, subdivision 16; 126C.17, subdivision 11; 
  1.19            475.61, subdivisions 1, 3; 611A.78, subdivision 1; 
  1.20            626.556, subdivision 2; proposing coding for new law 
  1.21            in Minnesota Statutes, chapter 124D; repealing 
  1.22            Minnesota Statutes 2002, sections 15.014, subdivision 
  1.23            3; 119A.08; 124D.118, subdivision 2; 124D.93; 125A.47; 
  1.24            144.401, subdivision 5; 239.004. 
  1.25  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.26                             ARTICLE 1 
  1.27                         GENERAL EDUCATION 
  1.28     Section 1.  Minnesota Statutes 2002, section 84A.51, 
  1.29  subdivision 4, is amended to read: 
  1.30     Subd. 4.  [COUNTY'S USE OF FUNDS.] The funds received by 
  1.31  each county must be apportioned by the county auditor as follows:
  1.32     (1) 30 percent to a county development fund, which is 
  1.33  created, to be spent under the direction of the county board for 
  1.34  the rehabilitation and development of the portion of the county 
  1.35  within the conservation area; 
  2.1      (2) 40 percent to the capital outlay general fund of the 
  2.2   school district from which derived; 
  2.3      (3) 20 percent to the county revenue fund; and 
  2.4      (4) ten percent to the township road and bridge fund of the 
  2.5   township from which derived. 
  2.6      If the proceeds are derived from an unorganized township 
  2.7   with no levy for road and bridge purposes, the township portion 
  2.8   must be credited to the county revenue fund. 
  2.9      Sec. 2.  Minnesota Statutes 2002, section 123B.88, 
  2.10  subdivision 2, is amended to read: 
  2.11     Subd. 2.  [VOLUNTARY SURRENDER OF TRANSPORTATION 
  2.12  PRIVILEGES.] The parent or guardian of a secondary student may 
  2.13  voluntarily surrender the secondary student's to and from school 
  2.14  transportation privileges granted under subdivision 1. 
  2.15     Sec. 3.  Minnesota Statutes 2002, section 124D.09, 
  2.16  subdivision 20, is amended to read: 
  2.17     Subd. 20.  [TEXTBOOKS; MATERIALS.] All textbooks and 
  2.18  equipment provided to a pupil, and paid for under subdivision 
  2.19  13, are the property of the pupil's school district of residence 
  2.20  postsecondary institution.  Each pupil is required to return all 
  2.21  textbooks and equipment to the district postsecondary 
  2.22  institution after the course has ended. 
  2.23     Sec. 4.  Minnesota Statutes 2002, section 124D.10, 
  2.24  subdivision 2a, is amended to read: 
  2.25     Subd. 2a.  [CHARTER SCHOOL ADVISORY COUNCIL.] (a) A charter 
  2.26  school advisory council is established under section 15.059.  
  2.27  The advisory council is composed of seven members from 
  2.28  throughout the state who have demonstrated experience with or 
  2.29  interest in charter schools.  The members of the council shall 
  2.30  be appointed by the commissioner.  The advisory council shall 
  2.31  bring to the attention of the commissioner any matters related 
  2.32  to charter schools that the council deems necessary and shall: 
  2.33     (1) encourage school boards to make full use of charter 
  2.34  school opportunities; 
  2.35     (2) encourage the creation of innovative schools; 
  2.36     (3) provide leadership and support for charter school 
  3.1   sponsors to increase the innovation in and the effectiveness, 
  3.2   accountability, and fiscal soundness of charter schools; 
  3.3      (4) serve an ombudsman function in facilitating the 
  3.4   operations of new and existing charter schools; 
  3.5      (5) promote timely financial management training for newly 
  3.6   elected members of a charter school board of directors and 
  3.7   ongoing training for other members of a charter school board of 
  3.8   directors; and 
  3.9      (6) review charter school applications and recommend 
  3.10  approving or disapproving the applications; and 
  3.11     (7) facilitate compliance with auditing and other reporting 
  3.12  requirements.  The advisory council shall refer all its 
  3.13  proposals to the commissioner who shall provide time for reports 
  3.14  from the council. 
  3.15     (b) The charter school advisory council under this 
  3.16  subdivision expires June 30, 2003 2007. 
  3.17     Sec. 5.  Minnesota Statutes 2002, section 124D.10, 
  3.18  subdivision 16, is amended to read: 
  3.19     Subd. 16.  [TRANSPORTATION.] (a) By July 1 of each year, a 
  3.20  charter school must notify the district in which the school is 
  3.21  located and the department of children, families, and learning 
  3.22  if it will provide transportation for pupils enrolled in the 
  3.23  school for the fiscal year. 
  3.24     (b) If a charter school elects to provide transportation 
  3.25  for pupils, the transportation must be provided by the charter 
  3.26  school within the district in which the charter school is 
  3.27  located.  The state must pay transportation aid to the charter 
  3.28  school according to section 124D.11, subdivision 2. 
  3.29     For pupils who reside outside the district in which the 
  3.30  charter school is located, the charter school is not required to 
  3.31  provide or pay for transportation between the pupil's residence 
  3.32  and the border of the district in which the charter school is 
  3.33  located.  A parent may be reimbursed by the charter school for 
  3.34  costs of transportation from the pupil's residence to the border 
  3.35  of the district in which the charter school is located if the 
  3.36  pupil is from a family whose income is at or below the poverty 
  4.1   level, as determined by the federal government.  The 
  4.2   reimbursement may not exceed the pupil's actual cost of 
  4.3   transportation or 15 cents per mile traveled, whichever is 
  4.4   less.  Reimbursement may not be paid for more than 250 miles per 
  4.5   week.  
  4.6      At the time a pupil enrolls in a charter school, the 
  4.7   charter school must provide the parent or guardian with 
  4.8   information regarding the transportation.  
  4.9      (c) If a charter school does not elect to provide 
  4.10  transportation, transportation for pupils enrolled at the school 
  4.11  must be provided by the district in which the school is located, 
  4.12  according to sections 123B.88, subdivision 6, and 124D.03, 
  4.13  subdivision 8, for a pupil residing in the same district in 
  4.14  which the charter school is located.  Transportation may be 
  4.15  provided by the district in which the school is located, 
  4.16  according to sections 123B.88, subdivision 6, and 124D.03, 
  4.17  subdivision 8, for a pupil residing in a different district.  If 
  4.18  the district provides the transportation, the scheduling of 
  4.19  routes, manner and method of transportation, control and 
  4.20  discipline of the pupils, and any other matter relating to the 
  4.21  transportation of pupils under this paragraph shall be within 
  4.22  the sole discretion, control, and management of the district. 
  4.23     Sec. 6.  Minnesota Statutes 2002, section 124D.52, 
  4.24  subdivision 3, is amended to read: 
  4.25     Subd. 3.  [ACCOUNTS; REVENUE; AID.] (a) Each district, 
  4.26  group of districts, or private nonprofit organization providing 
  4.27  adult basic education programs must establish and maintain 
  4.28  accounts separate from all other district accounts for the 
  4.29  receipt and disbursement of all funds related to these 
  4.30  programs.  All revenue received pursuant to this section must be 
  4.31  utilized solely for the purposes of adult basic education 
  4.32  programs.  State aid must not equal more than 100 percent of the 
  4.33  unreimbursed expenses of providing these programs, excluding 
  4.34  in-kind costs.  
  4.35     (b) Notwithstanding section 123A.26 or any other law to the 
  4.36  contrary, an adult basic education consortium providing an 
  5.1   approved adult basic education program may be its own fiscal 
  5.2   agent and is eligible to receive state-aid payments directly 
  5.3   from the commissioner. 
  5.4      Sec. 7.  Minnesota Statutes 2002, section 126C.05, 
  5.5   subdivision 16, is amended to read: 
  5.6      Subd. 16.  [FREE AND REDUCED PRICED LUNCHES.] The 
  5.7   commissioner shall determine the number of children eligible to 
  5.8   receive either a free or reduced priced lunch on October 1 each 
  5.9   year.  Children enrolled in a building on October 1 and 
  5.10  determined to be eligible to receive free or reduced price lunch 
  5.11  by January December 15 of the following year shall be counted as 
  5.12  eligible on October 1 for purposes of subdivision 3.  The 
  5.13  commissioner may use federal definitions for these purposes and 
  5.14  may adjust these definitions as appropriate.  The commissioner 
  5.15  may adopt reporting guidelines to assure accuracy of data counts 
  5.16  and eligibility.  Districts shall use any guidelines adopted by 
  5.17  the commissioner. 
  5.18     Sec. 8.  Minnesota Statutes 2002, section 475.61, 
  5.19  subdivision 1, is amended to read: 
  5.20     Subdivision 1.  [DEBT SERVICE RESOLUTION.] The governing 
  5.21  body of any municipality issuing general obligations shall, 
  5.22  prior to delivery of the obligations, levy by resolution a 
  5.23  direct general ad valorem tax upon all taxable property in the 
  5.24  municipality to be spread upon the tax rolls for each year of 
  5.25  the term of the obligations.  The tax levies for all years for 
  5.26  municipalities other than school districts shall be specified 
  5.27  and such that if collected in full they, together with estimated 
  5.28  collections of special assessments and other revenues pledged 
  5.29  for the payment of said obligations, will produce at least five 
  5.30  percent in excess of the amount needed to meet when due the 
  5.31  principal and interest payments on the obligations.  The tax 
  5.32  levies for school districts shall be specified and such that if 
  5.33  collected in full they, together with estimated collection of 
  5.34  other revenues pledged for the payment of the obligations, will 
  5.35  produce between five and six percent in excess of the amount 
  5.36  needed to meet when due the principal and interest payments on 
  6.1   the obligations, rounded up to the nearest dollar; except that, 
  6.2   with the permission of the commissioner of children, families, 
  6.3   and learning, a school board may specify a tax levy in a higher 
  6.4   amount if necessary either to meet an anticipated tax 
  6.5   delinquency or for cash flow needs to meet the required payments 
  6.6   from the debt redemption fund.  Such resolution shall 
  6.7   irrevocably appropriate the taxes so levied and any special 
  6.8   assessments or other revenues so pledged to the municipality's 
  6.9   debt service fund or a special debt service fund or account 
  6.10  created for the payment of one or more issues of obligations.  
  6.11  The governing body may, in its discretion, at any time after the 
  6.12  obligations have been authorized, adopt a resolution levying 
  6.13  only a portion of such taxes, to be filed, assessed, extended, 
  6.14  collected, and remitted as hereinafter provided, and the amount 
  6.15  or amounts therein levied shall be credited against the tax 
  6.16  required to be levied prior to delivery of the obligations. 
  6.17     Sec. 9.  Minnesota Statutes 2002, section 475.61, 
  6.18  subdivision 3, is amended to read: 
  6.19     Subd. 3.  [IRREVOCABILITY.] (a) Tax levies so made and 
  6.20  filed shall be irrevocable, except as provided in this 
  6.21  subdivision. 
  6.22     (b) For purposes of this subdivision, "excess debt 
  6.23  redemption fund balance" means the greater of zero or the 
  6.24  balance in the district's debt redemption fund as of June 30 of 
  6.25  the fiscal year ending in the year before the year the levy is 
  6.26  certified, minus any debt redemption fund balance attributable 
  6.27  to refunding of existing bonds, minus the amount of the levy 
  6.28  reduction for the current year and the prior year under 
  6.29  paragraphs (e) and (f), minus five percent of the district's 
  6.30  required debt service levy for the next year. 
  6.31     (c) By July 15 each year, a district shall report to the 
  6.32  commissioner of children, families, and learning the amount of 
  6.33  the districts' debt redemption fund balance as of June 30 of the 
  6.34  prior year attributable to refunding of existing bonds.  
  6.35     (d) By August 15 each year, the commissioner shall 
  6.36  determine the excess debt redemption fund balance for each 
  7.1   school district, and shall certify the amount of the excess 
  7.2   balance to the school district superintendent.  
  7.3      (e) In each year when a district has an excess debt 
  7.4   redemption fund balance, the commissioner shall report the 
  7.5   amount of the excess to the county auditor and the auditor shall 
  7.6   reduce the tax levy otherwise to be included in the rolls next 
  7.7   prepared by the amount certified.  
  7.8      (f) The school board may, with the approval of the 
  7.9   commissioner, retain all or part of the excess balance if it is 
  7.10  necessary to ensure the prompt and full payment of its 
  7.11  obligations and any call premium on its obligations, will be 
  7.12  used for redemption of its obligations in accordance with their 
  7.13  terms, or to level out the debt service tax rate, excluding the 
  7.14  debt excess adjustment, for its obligations over the next two 
  7.15  years.  A school district requesting authority to retain all or 
  7.16  part of the excess balance shall provide written documentation 
  7.17  to the commissioner describing the rationale for its request by 
  7.18  September 15 including the issuance of new obligations within 
  7.19  the next year or the refunding of existing obligations.  A 
  7.20  school district that retains an excess may request to transfer 
  7.21  the excess to its operating capital account in the general fund 
  7.22  under section 123B.80.  The school board may, with the approval 
  7.23  of the commissioner, specify a tax levy in a higher amount if 
  7.24  necessary because of anticipated tax delinquency or for cash 
  7.25  flow needs to meet the required payments from the debt 
  7.26  redemption fund.  
  7.27     (g) If the governing body, including the governing body of 
  7.28  a school district, in any year makes an irrevocable 
  7.29  appropriation to the debt service fund of money actually on hand 
  7.30  or if there is on hand any excess amount in the debt service 
  7.31  fund, the recording officer may certify to the county auditor 
  7.32  the fact and amount thereof and the auditor shall reduce by the 
  7.33  amount so certified the amount otherwise to be included in the 
  7.34  rolls next thereafter prepared. 
  7.35                             ARTICLE 2 
  7.36              EDUCATIONAL EXCELLENCE AND OTHER POLICY 
  8.1      Section 1.  Minnesota Statutes 2002, section 120A.24, 
  8.2   subdivision 4, is amended to read: 
  8.3      Subd. 4.  [REPORTS TO THE STATE.] A superintendent must 
  8.4   make an annual report to the commissioner of children, families, 
  8.5   and learning.  The report must include the following information:
  8.6      (1) the number of children residing in the district 
  8.7   attending nonpublic schools or receiving instruction from 
  8.8   persons or institutions other than a public school; 
  8.9      (2) the number of children in clause (1) who are in 
  8.10  compliance with section 120A.22 and this section; and 
  8.11     (3) the names, ages, and addresses number of children whom 
  8.12  in clause (1) who the superintendent has determined are not in 
  8.13  compliance with section 120A.22 and this section.  
  8.14     Sec. 2.  Minnesota Statutes 2002, section 122A.414, is 
  8.15  amended by adding a subdivision to read: 
  8.16     Subd. 3.  [REPORT.] Participating districts and school 
  8.17  sites must report on the implementation and effectiveness of the 
  8.18  alternative teacher compensation plan, particularly addressing 
  8.19  each requirement under section 122A.44, subdivision 2, and make 
  8.20  recommendations biannually by January 1 to their school boards.  
  8.21  The school boards shall transmit a summary of the findings and 
  8.22  recommendations of their district to the commissioner. 
  8.23     Sec. 3.  Minnesota Statutes 2002, section 122A.415, 
  8.24  subdivision 3, is amended to read: 
  8.25     Subd. 3.  [AID TIMING.] (a) Districts or sites with 
  8.26  approved applications must receive alternative compensation aid 
  8.27  for each school year that the district or site participates in 
  8.28  the program as described in this subdivision.  Districts or 
  8.29  sites with applications received by the commissioner before June 
  8.30  1 of the first year of a two-year contract shall receive 
  8.31  compensation aid for both years of the contract.  Districts or 
  8.32  sites with applications received by the commissioner after June 
  8.33  1 of the first year of a two-year contract shall receive 
  8.34  compensation aid only for the second year of the contract.  The 
  8.35  commissioner must approve initial applications for school 
  8.36  districts qualifying under subdivision 1, paragraph (b), clause 
  9.1   (1), by January 15 of each year.  If any money remains, the 
  9.2   commissioner must approve aid amounts for school districts 
  9.3   qualifying under subdivision 1, paragraph (b), clause (2), by 
  9.4   February 15 of each year.  
  9.5      (b) The commissioner shall select applicants that qualify 
  9.6   for this program, notify school districts and school sites about 
  9.7   the program, develop and disseminate application materials, and 
  9.8   carry out other activities needed to implement this section.  
  9.9      Sec. 4.  Minnesota Statutes 2002, section 124D.10, 
  9.10  subdivision 4, is amended to read: 
  9.11     Subd. 4.  [FORMATION OF SCHOOL.] (a) A sponsor may 
  9.12  authorize one or more licensed teachers under section 122A.18, 
  9.13  subdivision 1, to operate a charter school subject to approval 
  9.14  by the commissioner.  A board must vote on charter school 
  9.15  application for sponsorship no later than 90 days after 
  9.16  receiving the application.  After 90 days, the applicant may 
  9.17  apply to the commissioner.  If a board elects not to sponsor a 
  9.18  charter school, the applicant may appeal the board's decision to 
  9.19  the commissioner.  The commissioner may elect to sponsor the 
  9.20  charter school or assist the applicant in finding an eligible 
  9.21  sponsor.  The school must be organized and operated as a 
  9.22  cooperative under chapter 308A or nonprofit corporation under 
  9.23  chapter 317A and the provisions under the applicable chapter 
  9.24  shall apply to the school except as provided in this section.  
  9.25  Notwithstanding sections 465.717 and 465.719, a school district 
  9.26  may create a corporation for the purpose of creating a charter 
  9.27  school.  
  9.28     (b) Before the operators may form and operate a school, the 
  9.29  sponsor must file an affidavit with the commissioner stating its 
  9.30  intent to authorize a charter school.  The affidavit must state 
  9.31  the terms and conditions under which the sponsor would authorize 
  9.32  a charter school.  The commissioner must approve or disapprove 
  9.33  the sponsor's proposed authorization within 60 days of receipt 
  9.34  of the affidavit.  Failure to obtain commissioner approval 
  9.35  precludes a sponsor from authorizing the charter school that was 
  9.36  the subject of the affidavit.  
 10.1      (c) The operators authorized to organize and operate a 
 10.2   school, before entering into a contract or other agreement for 
 10.3   professional or other services, goods, or facilities, must 
 10.4   incorporate as a cooperative under chapter 308A or as a 
 10.5   nonprofit corporation under chapter 317A and must establish a 
 10.6   board of directors composed of at least five members until a 
 10.7   timely election for members of the charter school board of 
 10.8   directors is held according to the school's articles and 
 10.9   bylaws.  A charter school board of directors must be composed of 
 10.10  at least five members.  Any staff members who are employed at 
 10.11  the school, including teachers providing instruction under a 
 10.12  contract with a cooperative, and all parents of children 
 10.13  enrolled in the school may participate in the election for 
 10.14  members of the school's board of directors.  Licensed teachers 
 10.15  employed at the school, including teachers providing instruction 
 10.16  under a contract with a cooperative, must be a majority of the 
 10.17  members of the board of directors before the school completes 
 10.18  its third year of operation, unless the commissioner waives the 
 10.19  requirement for a majority of licensed teachers on the board.  
 10.20  Board of director meetings must comply with chapter 13D. 
 10.21     (d) The granting or renewal of a charter by a sponsoring 
 10.22  entity must not be conditioned upon the bargaining unit status 
 10.23  of the employees of the school.  
 10.24     (e) A sponsor may authorize the operators of a charter 
 10.25  school to expand the operation of the charter school to 
 10.26  additional sites or to add additional grades at the school 
 10.27  beyond those described in the sponsor's application as approved 
 10.28  by the commissioner only after submitting a supplemental 
 10.29  application to the commissioner in a form and manner prescribed 
 10.30  by the commissioner.  The supplemental application must provide 
 10.31  evidence that: 
 10.32     (1) the expansion of the charter school is supported by 
 10.33  need and projected enrollment; 
 10.34     (2) the charter school is fiscally sound; 
 10.35     (3) the sponsor supports the expansion; and 
 10.36     (4) the building of the additional site meets all health 
 11.1   and safety requirements to be eligible for lease aid. 
 11.2      (f) The commissioner annually must provide timely financial 
 11.3   management training to newly elected members of a charter school 
 11.4   board of directors and ongoing training to other members of a 
 11.5   charter school board of directors.  Training must address ways 
 11.6   to: 
 11.7      (1) proactively assess opportunities for a charter school 
 11.8   to maximize all available revenue sources; 
 11.9      (2) establish and maintain complete, auditable records for 
 11.10  the charter school; 
 11.11     (3) establish proper filing techniques; 
 11.12     (4) document formal actions of the charter school, 
 11.13  including meetings of the charter school board of directors; 
 11.14     (5) properly manage and retain charter school and student 
 11.15  records; 
 11.16     (6) comply with state and federal payroll record-keeping 
 11.17  requirements; and 
 11.18     (7) address other similar factors that facilitate 
 11.19  establishing and maintaining complete records on the charter 
 11.20  school's operations.  
 11.21     Sec. 5.  Minnesota Statutes 2002, section 124D.118, 
 11.22  subdivision 3, is amended to read: 
 11.23     Subd. 3.  [PROGRAM GUIDELINES; DUTIES OF THE COMMISSIONER.] 
 11.24  (a) The commissioner shall: 
 11.25     (1) encourage all districts to participate in the school 
 11.26  milk program for kindergartners; 
 11.27     (2) prepare program guidelines, not subject to chapter 14 
 11.28  until July 1, 1998, which will effectively and efficiently 
 11.29  distribute appropriated and donated money to participating 
 11.30  districts; and 
 11.31     (3) seek donations and matching funds from appropriate 
 11.32  private and public sources schools. 
 11.33     (b) Program guidelines may provide for disbursement to 
 11.34  districts through a mechanism of prepayments or by reimbursement 
 11.35  for approved program expenses. 
 11.36     Sec. 6.  Minnesota Statutes 2002, section 124D.454, 
 12.1   subdivision 1, is amended to read: 
 12.2      Subdivision 1.  [PURPOSE.] The purpose of this section is 
 12.3   to provide a method to fund transition career and technical 
 12.4   education programs for children with a disability that are 
 12.5   components of the learner's transition plan.  As used in this 
 12.6   section, the term "children with a disability" shall have the 
 12.7   meaning ascribed to it in section 125A.02. 
 12.8      Sec. 7.  Minnesota Statutes 2002, section 124D.454, 
 12.9   subdivision 2, is amended to read: 
 12.10     Subd. 2.  [DEFINITIONS.] For the purposes of this section, 
 12.11  the definitions in this subdivision apply. 
 12.12     (a) "Base year" for fiscal year 1996 means fiscal year 1995.
 12.13  Base year for later fiscal years means the second fiscal year 
 12.14  preceding the fiscal year for which aid will be paid. 
 12.15     (b) "Basic revenue" has the meaning given it in section 
 12.16  126C.10, subdivision 2.  For the purposes of computing basic 
 12.17  revenue pursuant to this section, each child with a disability 
 12.18  shall be counted as prescribed in section 126C.05, subdivision 1.
 12.19     (c) "Average daily membership" has the meaning given it in 
 12.20  section 126C.05. 
 12.21     (d) "Program growth factor" means 1.00 for fiscal year 1998 
 12.22  and later. 
 12.23     (e) "Aid percentage factor" means 60 percent for fiscal 
 12.24  year 1996, 70 percent for fiscal year 1997, 80 percent for 
 12.25  fiscal year 1998, 90 percent for fiscal year 1999, and 100 
 12.26  percent for fiscal year 2000 and later. 
 12.27     (f) "Essential person" means a licensed teacher, licensed 
 12.28  support services staff person, or paraprofessional providing 
 12.29  direct services to students. 
 12.30     Sec. 8.  Minnesota Statutes 2002, section 124D.454, 
 12.31  subdivision 3, is amended to read: 
 12.32     Subd. 3.  [BASE REVENUE.] (a) The transition 
 12.33  program-disabled transition-disabled program base revenue equals 
 12.34  the sum of the following amounts computed using base year data: 
 12.35     (1) 68 percent of the salary of each essential licensed 
 12.36  person or approved paraprofessional who provides direct 
 13.1   instructional services to students employed during that fiscal 
 13.2   year for services rendered in that district's transition program 
 13.3   for children with a disability; 
 13.4      (2) 47 percent of the costs of necessary equipment for 
 13.5   transition programs for children with a disability; 
 13.6      (3) 47 percent of the costs of necessary travel between 
 13.7   instructional sites by transition program teachers of children 
 13.8   with a disability but not including travel to and from local, 
 13.9   regional, district, state, or national vocational career and 
 13.10  technical student organization meetings; 
 13.11     (4) 47 percent of the costs of necessary supplies for 
 13.12  transition programs for children with a disability but not to 
 13.13  exceed an average of $47 in any one school year for each child 
 13.14  with a disability receiving these services; 
 13.15     (5) for transition programs for children with disabilities 
 13.16  provided by a contract approved by the commissioner with public, 
 13.17  private, or voluntary agencies other than a Minnesota school 
 13.18  district or cooperative center, in place of programs provided by 
 13.19  the district, 52 percent of the difference between the amount of 
 13.20  the contract and the basic revenue of the district for that 
 13.21  pupil for the fraction of the school day the pupil receives 
 13.22  services under the contract; 
 13.23     (6) for transition programs for children with disabilities 
 13.24  provided by a contract approved by the commissioner with public, 
 13.25  private, or voluntary agencies other than a Minnesota school 
 13.26  district or cooperative center, that are supplementary to a full 
 13.27  educational program provided by the school district, 52 percent 
 13.28  of the amount of the contract; and 
 13.29     (7) for a contract approved by the commissioner with 
 13.30  another Minnesota school district or cooperative center for 
 13.31  vocational evaluation services for children with a disability 
 13.32  for children that are not yet enrolled in grade 12, 52 percent 
 13.33  of the amount of the contract. 
 13.34     (b) If requested by a school district for transition 
 13.35  programs during the base year for less than the full school 
 13.36  year, the commissioner may adjust the base revenue to reflect 
 14.1   the expenditures that would have occurred during the base year 
 14.2   had the program been operated for the full year. 
 14.3      Sec. 9.  Minnesota Statutes 2002, section 124D.454, is 
 14.4   amended by adding a subdivision to read: 
 14.5      Subd. 12.  [COMPLIANCE WITH RULES.] (a) Aid must be paid 
 14.6   under this section only for services rendered or for costs 
 14.7   incurred in career and technical education programs approved by 
 14.8   the commissioner and operated in accordance with rules 
 14.9   promulgated by the commissioner.  This aid shall be paid only 
 14.10  for services rendered and for costs incurred by essential, 
 14.11  licensed personnel who meet the requirements for licensure 
 14.12  pursuant to the rules of the Minnesota board of teaching or 
 14.13  paraprofessionals approved by the division of lifework 
 14.14  development in the department of children, families, and 
 14.15  learning. 
 14.16     (b) Notwithstanding section 127A.42, the commissioner may 
 14.17  modify or withdraw the program or aid approval and withhold aid 
 14.18  under this section without proceeding under section 127A.42 at 
 14.19  any time.  To do so, the commissioner must determine that the 
 14.20  program does not comply with the rules of the department of 
 14.21  children, families, and learning or that any facts concerning 
 14.22  the program or its budget differ from the facts in the 
 14.23  district's approved application. 
 14.24     (c) For the purposes of paragraph (a), "licensed personnel" 
 14.25  means persons holding a valid career and technical license 
 14.26  issued by the commissioner.  If an average of five or fewer 
 14.27  secondary full-time equivalent students are enrolled per teacher 
 14.28  in an approved postsecondary program at intermediate district 
 14.29  No. 287, 916, or 917, licensed personnel means persons holding a 
 14.30  valid vocational license issued by the commissioner or the board 
 14.31  of trustees of the Minnesota state colleges and universities. 
 14.32     Sec. 10.  Minnesota Statutes 2002, section 126C.17, 
 14.33  subdivision 11, is amended to read: 
 14.34     Subd. 11.  [REFERENDUM DATE.] (a) Except for a referendum 
 14.35  held under paragraph (b), any referendum under this section held 
 14.36  on a day other than the first Tuesday after the first Monday in 
 15.1   November must be conducted by mail in accordance with section 
 15.2   204B.46.  Notwithstanding subdivision 9, paragraph (b), to the 
 15.3   contrary, in the case of a referendum conducted by mail under 
 15.4   this paragraph, the notice required by subdivision 9, paragraph 
 15.5   (b), must be prepared and delivered by first-class mail at least 
 15.6   20 days before the referendum. 
 15.7      (b) In addition to the referenda allowed in subdivision 9, 
 15.8   clause (a), the commissioner may grant authority to a district 
 15.9   to hold a referendum on a different day if the district is in 
 15.10  statutory operating debt and has an approved plan or has 
 15.11  received an extension from the department to file a plan to 
 15.12  eliminate the statutory operating debt.  
 15.13     (c) The commissioner must approve, deny, or modify each 
 15.14  district's request for a referendum levy on a different day 
 15.15  within 60 days of receiving the request from a district. 
 15.16     Sec. 11.  Minnesota Statutes 2002, section 611A.78, 
 15.17  subdivision 1, is amended to read: 
 15.18     Subdivision 1.  [MEMBERSHIP.] A crime victim services 
 15.19  roundtable is created and shall be convened by the commissioner 
 15.20  of administration or a designee.  The roundtable membership 
 15.21  shall include representatives from the following:  the 
 15.22  departments of health; human services; children, families, and 
 15.23  learning; corrections; and public safety; the supreme court; the 
 15.24  Minnesota planning agency; the office of the attorney general; 
 15.25  the office of crime victim ombudsman; the county attorneys 
 15.26  association; and the office of dispute resolution.  The 
 15.27  roundtable membership shall also include one person representing 
 15.28  the four councils designated in sections 3.922, 3.9223, 3.9225, 
 15.29  and 3.9226. 
 15.30     Sec. 12.  Minnesota Statutes 2002, section 626.556, 
 15.31  subdivision 2, is amended to read: 
 15.32     Subd. 2.  [DEFINITIONS.] As used in this section, the 
 15.33  following terms have the meanings given them unless the specific 
 15.34  content indicates otherwise: 
 15.35     (a) "Sexual abuse" means the subjection of a child by a 
 15.36  person responsible for the child's care, by a person who has a 
 16.1   significant relationship to the child, as defined in section 
 16.2   609.341, or by a person in a position of authority, as defined 
 16.3   in section 609.341, subdivision 10, to any act which constitutes 
 16.4   a violation of section 609.342 (criminal sexual conduct in the 
 16.5   first degree), 609.343 (criminal sexual conduct in the second 
 16.6   degree), 609.344 (criminal sexual conduct in the third degree), 
 16.7   609.345 (criminal sexual conduct in the fourth degree), or 
 16.8   609.3451 (criminal sexual conduct in the fifth degree).  Sexual 
 16.9   abuse also includes any act which involves a minor which 
 16.10  constitutes a violation of prostitution offenses under sections 
 16.11  609.321 to 609.324 or 617.246.  Sexual abuse includes threatened 
 16.12  sexual abuse.  
 16.13     (b) "Person responsible for the child's care" means (1) an 
 16.14  individual functioning within the family unit and having 
 16.15  responsibilities for the care of the child such as a parent, 
 16.16  guardian, or other person having similar care responsibilities, 
 16.17  or (2) an individual functioning outside the family unit and 
 16.18  having responsibilities for the care of the child such as a 
 16.19  teacher, school administrator, other school employees or agents, 
 16.20  or other lawful custodian of a child having either full-time or 
 16.21  short-term care responsibilities including, but not limited to, 
 16.22  day care, babysitting whether paid or unpaid, counseling, 
 16.23  teaching, and coaching.  
 16.24     (c) "Neglect" means: 
 16.25     (1) failure by a person responsible for a child's care to 
 16.26  supply a child with necessary food, clothing, shelter, health, 
 16.27  medical, or other care required for the child's physical or 
 16.28  mental health when reasonably able to do so; 
 16.29     (2) failure to protect a child from conditions or actions 
 16.30  that seriously endanger the child's physical or mental health 
 16.31  when reasonably able to do so; 
 16.32     (3) failure to provide for necessary supervision or child 
 16.33  care arrangements appropriate for a child after considering 
 16.34  factors as the child's age, mental ability, physical condition, 
 16.35  length of absence, or environment, when the child is unable to 
 16.36  care for the child's own basic needs or safety, or the basic 
 17.1   needs or safety of another child in their care; 
 17.2      (4) failure to ensure that the child is educated as defined 
 17.3   in sections 120A.22 and 260C.163, subdivision 11, which does not 
 17.4   include a parent's refusal to provide the parent's child with 
 17.5   sympathomimetic medications, consistent with section 125A.09, 
 17.6   subdivision 3; 
 17.7      (5) nothing in this section shall be construed to mean that 
 17.8   a child is neglected solely because the child's parent, 
 17.9   guardian, or other person responsible for the child's care in 
 17.10  good faith selects and depends upon spiritual means or prayer 
 17.11  for treatment or care of disease or remedial care of the child 
 17.12  in lieu of medical care; except that a parent, guardian, or 
 17.13  caretaker, or a person mandated to report pursuant to 
 17.14  subdivision 3, has a duty to report if a lack of medical care 
 17.15  may cause serious danger to the child's health.  This section 
 17.16  does not impose upon persons, not otherwise legally responsible 
 17.17  for providing a child with necessary food, clothing, shelter, 
 17.18  education, or medical care, a duty to provide that care; 
 17.19     (6) prenatal exposure to a controlled substance, as defined 
 17.20  in section 253B.02, subdivision 2, used by the mother for a 
 17.21  nonmedical purpose, as evidenced by withdrawal symptoms in the 
 17.22  child at birth, results of a toxicology test performed on the 
 17.23  mother at delivery or the child at birth, or medical effects or 
 17.24  developmental delays during the child's first year of life that 
 17.25  medically indicate prenatal exposure to a controlled substance; 
 17.26     (7) "medical neglect" as defined in section 260C.007, 
 17.27  subdivision 6, clause (5); 
 17.28     (8) chronic and severe use of alcohol or a controlled 
 17.29  substance by a parent or person responsible for the care of the 
 17.30  child that adversely affects the child's basic needs and safety; 
 17.31  or 
 17.32     (9) emotional harm from a pattern of behavior which 
 17.33  contributes to impaired emotional functioning of the child which 
 17.34  may be demonstrated by a substantial and observable effect in 
 17.35  the child's behavior, emotional response, or cognition that is 
 17.36  not within the normal range for the child's age and stage of 
 18.1   development, with due regard to the child's culture. 
 18.2      (d) "Physical abuse" means any physical injury, mental 
 18.3   injury, or threatened injury, inflicted by a person responsible 
 18.4   for the child's care on a child other than by accidental means, 
 18.5   or any physical or mental injury that cannot reasonably be 
 18.6   explained by the child's history of injuries, or any aversive or 
 18.7   deprivation procedures, or regulated interventions, that have 
 18.8   not been authorized under section 121A.67 where there is a 
 18.9   showing of injury to a child or have not been authorized by 
 18.10  section 245.825.  Abuse does not include reasonable and moderate 
 18.11  physical discipline of a child administered by a parent or legal 
 18.12  guardian which does not result in an injury.  Abuse does not 
 18.13  include the use of reasonable force by a teacher, principal, or 
 18.14  school employee as allowed by section 121A.582.  Actions which 
 18.15  are not reasonable and moderate include, but are not limited to, 
 18.16  any of the following that are done in anger or without regard to 
 18.17  the safety of the child: 
 18.18     (1) throwing, kicking, burning, biting, or cutting a child; 
 18.19     (2) striking a child with a closed fist; 
 18.20     (3) shaking a child under age three; 
 18.21     (4) striking or other actions which result in any 
 18.22  nonaccidental injury to a child under 18 months of age; 
 18.23     (5) unreasonable interference with a child's breathing; 
 18.24     (6) threatening a child with a weapon, as defined in 
 18.25  section 609.02, subdivision 6; 
 18.26     (7) striking a child under age one on the face or head; 
 18.27     (8) purposely giving a child poison, alcohol, or dangerous, 
 18.28  harmful, or controlled substances which were not prescribed for 
 18.29  the child by a practitioner, in order to control or punish the 
 18.30  child; or other substances that substantially affect the child's 
 18.31  behavior, motor coordination, or judgment or that results in 
 18.32  sickness or internal injury, or subjects the child to medical 
 18.33  procedures that would be unnecessary if the child were not 
 18.34  exposed to the substances; 
 18.35     (9) unreasonable physical confinement or restraint not 
 18.36  permitted under section 609.379, including but not limited to 
 19.1   tying, caging, or chaining; or 
 19.2      (10) in a school facility or school zone, an act by a 
 19.3   person responsible for the child's care that is a violation 
 19.4   under section 121A.58. 
 19.5      (e) "Report" means any report received by the local welfare 
 19.6   agency, police department, county sheriff, or agency responsible 
 19.7   for assessing or investigating maltreatment pursuant to this 
 19.8   section. 
 19.9      (f) "Facility" means a licensed or unlicensed day care 
 19.10  facility, residential facility, agency, hospital, sanitarium, or 
 19.11  other facility or institution required to be licensed under 
 19.12  sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or 
 19.13  chapter 245B; or a school as defined in sections 120A.05, 
 19.14  subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed 
 19.15  personal care provider organization as defined in sections 
 19.16  256B.04, subdivision 16, and 256B.0625, subdivision 19a. 
 19.17     (g) "Operator" means an operator or agency as defined in 
 19.18  section 245A.02.  
 19.19     (h) "Commissioner" means the commissioner of human services.
 19.20     (i) "Assessment" includes authority to interview the child, 
 19.21  the person or persons responsible for the child's care, the 
 19.22  alleged perpetrator, and any other person with knowledge of the 
 19.23  abuse or neglect for the purpose of gathering the facts, 
 19.24  assessing the risk to the child, and formulating a plan.  
 19.25     (j) "Practice of social services," for the purposes of 
 19.26  subdivision 3, includes but is not limited to employee 
 19.27  assistance counseling and the provision of guardian ad litem and 
 19.28  parenting time expeditor services.  
 19.29     (k) "Mental injury" means an injury to the psychological 
 19.30  capacity or emotional stability of a child as evidenced by an 
 19.31  observable or substantial impairment in the child's ability to 
 19.32  function within a normal range of performance and behavior with 
 19.33  due regard to the child's culture. 
 19.34     (l) "Threatened injury" means a statement, overt act, 
 19.35  condition, or status that represents a substantial risk of 
 19.36  physical or sexual abuse or mental injury.  Threatened injury 
 20.1   includes, but is not limited to, exposing a child to a person 
 20.2   responsible for the child's care, as defined in paragraph (b), 
 20.3   clause (1), who has: 
 20.4      (1) subjected a child to, or failed to protect a child 
 20.5   from, an overt act or condition that constitutes egregious harm, 
 20.6   as defined in section 260C.007, subdivision 14, or a similar law 
 20.7   of another jurisdiction; 
 20.8      (2) been found to be palpably unfit under section 260C.301, 
 20.9   paragraph (b), clause (4), or a similar law of another 
 20.10  jurisdiction; 
 20.11     (3) committed an act that has resulted in an involuntary 
 20.12  termination of parental rights under section 260C.301, or a 
 20.13  similar law of another jurisdiction; or 
 20.14     (4) committed an act that has resulted in the involuntary 
 20.15  transfer of permanent legal and physical custody of a child to a 
 20.16  relative under section 260C.201, subdivision 11, paragraph (d), 
 20.17  clause (1), or a similar law of another jurisdiction. 
 20.18     (m) Persons who conduct assessments or investigations under 
 20.19  this section shall take into account accepted child-rearing 
 20.20  practices of the culture in which a child participates and 
 20.21  accepted teacher discipline practices, which are not injurious 
 20.22  to the child's health, welfare, and safety. 
 20.23     Sec. 13.  [CHARTER SCHOOL ADVISORY BOARD MEMBER TERMS.] 
 20.24     In order to establish staggered terms for charter school 
 20.25  advisory board members under Minnesota Statutes, section 
 20.26  124D.10, subdivision 2a, the commissioner of children, families, 
 20.27  and learning shall, by lot, determine the length of term for 
 20.28  each member serving on the board on the effective date of this 
 20.29  section.  One-third of the members shall serve a one-year term, 
 20.30  one-third shall serve a two-year term, and one-third shall serve 
 20.31  a three-year term.  Thereafter, the term for each member must be 
 20.32  three years. 
 20.33     Sec. 14.  [REPEALER.] 
 20.34     Minnesota Statutes 2002, sections 124D.118, subdivision 2; 
 20.35  and 124D.93, are repealed. 
 20.36                             ARTICLE 3 
 21.1                           SPECIAL PROGRAMS 
 21.2      Section 1.  Minnesota Statutes 2002, section 121A.41, 
 21.3   subdivision 10, is amended to read: 
 21.4      Subd. 10.  [SUSPENSION.] "Suspension" means an action by 
 21.5   the school administration, under rules promulgated by the school 
 21.6   board, prohibiting a pupil from attending school for a period of 
 21.7   no more than ten school days.  If a suspension is longer than 
 21.8   five days, the suspending administrator must provide the 
 21.9   superintendent with a reason for the longer suspension.  This 
 21.10  definition does not apply to dismissal from school for one 
 21.11  school day or less, except as provided in federal law for a 
 21.12  student with a disability.  Each suspension action may include a 
 21.13  readmission plan.  The readmission plan shall include, where 
 21.14  appropriate, a provision for implementing alternative 
 21.15  educational services upon readmission and may not be used to 
 21.16  extend the current suspension.  Consistent with section 125A.09, 
 21.17  subdivision 3, the readmission plan must not obligate a parent 
 21.18  to provide a sympathomimetic medication for the parent's child 
 21.19  as a condition of readmission.  The school administration may 
 21.20  not impose consecutive suspensions against the same pupil for 
 21.21  the same course of conduct, or incident of misconduct, except 
 21.22  where the pupil will create an immediate and substantial danger 
 21.23  to self or to surrounding persons or property, or where the 
 21.24  district is in the process of initiating an expulsion, in which 
 21.25  case the school administration may extend the suspension to a 
 21.26  total of 15 days.  In the case of a student with a disability, 
 21.27  the student's individual education plan team must meet 
 21.28  immediately but not more than ten school days after the date on 
 21.29  which the decision to remove the student from the student's 
 21.30  current education placement is made.  The individual education 
 21.31  plan team and other qualified personnel shall at that meeting:  
 21.32  conduct a review of the relationship between the child's 
 21.33  disability and the behavior subject to disciplinary action; and 
 21.34  determine the appropriateness of the child's education plan. 
 21.35     The requirements of the individual education plan team 
 21.36  meeting apply when: 
 22.1      (1) the parent requests a meeting; 
 22.2      (2) the student is removed from the student's current 
 22.3   placement for five or more consecutive days; or 
 22.4      (3) the student's total days of removal from the student's 
 22.5   placement during the school year exceed ten cumulative days in a 
 22.6   school year.  The school administration shall implement 
 22.7   alternative educational services when the suspension exceeds 
 22.8   five days.  A separate administrative conference is required for 
 22.9   each period of suspension. 
 22.10     Sec. 2.  Minnesota Statutes 2002, section 124D.081, is 
 22.11  amended by adding a subdivision to read: 
 22.12     Subd. 9.  [RESERVE ACCOUNT.] First grade preparedness 
 22.13  revenue must be placed in a reserve account within the general 
 22.14  fund and may only be used for first grade preparedness programs 
 22.15  at qualifying school sites. 
 22.16     Sec. 3.  [124D.452] [DISTRICT REPORT; CAREER AND TECHNICAL 
 22.17  EDUCATION.] 
 22.18     Each district and cooperative center must report data to 
 22.19  the department of children, families, and learning for all 
 22.20  career and technical education programs as required by the 
 22.21  department. 
 22.22     Sec. 4.  Minnesota Statutes 2002, section 125A.03, is 
 22.23  amended to read: 
 22.24     125A.03 [SPECIAL INSTRUCTION FOR CHILDREN WITH A 
 22.25  DISABILITY.] 
 22.26     (a) As defined in paragraph (b), every district must 
 22.27  provide special instruction and services, either within the 
 22.28  district or in another district, for all children with a 
 22.29  disability who are residents of the district and who are 
 22.30  disabled as set forth in section 125A.02.  For purposes of state 
 22.31  and federal special education laws, the phrase "special 
 22.32  instruction and services" in the state education code means a 
 22.33  free and appropriate public education provided to an eligible 
 22.34  child with disabilities and includes special education and 
 22.35  related services defined in the Individuals with Disabilities 
 22.36  Education Act, subpart A, section 300.24.  
 23.1      (b) Notwithstanding any age limits in laws to the contrary, 
 23.2   special instruction and services must be provided from birth 
 23.3   until July 1 after the child with a disability becomes 21 years 
 23.4   old but shall not extend beyond secondary school or its 
 23.5   equivalent, except as provided in section 124D.68, subdivision 
 23.6   2.  Local health, education, and social service agencies must 
 23.7   refer children under age five who are known to need or suspected 
 23.8   of needing special instruction and services to the school 
 23.9   district.  Districts with less than the minimum number of 
 23.10  eligible children with a disability as determined by the 
 23.11  commissioner must cooperate with other districts to maintain a 
 23.12  full range of programs for education and services for children 
 23.13  with a disability.  This section does not alter the compulsory 
 23.14  attendance requirements of section 120A.22. 
 23.15     Sec. 5.  Minnesota Statutes 2002, section 125A.08, is 
 23.16  amended to read: 
 23.17     125A.08 [SCHOOL DISTRICT OBLIGATIONS.] 
 23.18     (a) As defined in this section, every district must ensure 
 23.19  the following: 
 23.20     (1) all students with disabilities are provided the special 
 23.21  instruction and services which are appropriate to their needs.  
 23.22  Where the individual education plan program team has determined 
 23.23  appropriate goals and objectives based on the student's needs, 
 23.24  including the extent to which the student can be included in the 
 23.25  least restrictive environment, and where there are essentially 
 23.26  equivalent and effective instruction, related services, or 
 23.27  assistive technology devices available to meet the student's 
 23.28  needs, cost to the district may be among the factors considered 
 23.29  by the team in choosing how to provide the appropriate services, 
 23.30  instruction, or devices that are to be made part of the 
 23.31  student's individual education plan program.  The individual 
 23.32  individualized education plan program team shall consider and 
 23.33  may authorize services covered by medical assistance according 
 23.34  to section 256B.0625, subdivision 26.  The student's needs and 
 23.35  the special education instruction and related services to be 
 23.36  provided must be agreed upon through the development of 
 24.1   an individual individualized education plan program.  The plan 
 24.2   individualized education program must address the student's need 
 24.3   to develop skills to live and work as independently as possible 
 24.4   within the community.  The individual individualized 
 24.5   education plan program team must consider positive behavioral 
 24.6   interventions, strategies, and supports that address behavior 
 24.7   for children with attention deficit disorder or attention 
 24.8   deficit hyperactivity disorder.  By grade 9 or age 14, the 
 24.9   plan individualized education program must address the student's 
 24.10  needs for transition from secondary services to post-secondary 
 24.11  education and training, employment, community participation, 
 24.12  recreation, and leisure and home living.  In developing the 
 24.13  plan, districts must inform parents of the full range of 
 24.14  transitional goals and related services that should be 
 24.15  considered.  The plan must include a statement of the needed 
 24.16  transition services, including a statement of the interagency 
 24.17  responsibilities or linkages or both before secondary services 
 24.18  are concluded taking into account the student's preferences and 
 24.19  interests; including instruction, related services, community 
 24.20  experiences, the development of employment and other postschool 
 24.21  adult living objectives; and, if appropriate, acquisition of 
 24.22  daily living skills and functional vocational evaluation.  The 
 24.23  individualized education program must also include transition 
 24.24  services which may include postsecondary education, vocational 
 24.25  training, integrated employment, including supported employment, 
 24.26  continuing and adult education, adult services, independent 
 24.27  living, and community participation.  The individualized 
 24.28  education program must include a statement of transition service 
 24.29  needs, needed transition services, including, if appropriate, a 
 24.30  statement of the interagency responsibilities or any needed 
 24.31  linkages; 
 24.32     (2) children with a disability under age five and their 
 24.33  families are provided special instruction and services 
 24.34  appropriate to the child's level of functioning and needs; 
 24.35     (3) children with a disability and their parents or 
 24.36  guardians are guaranteed procedural safeguards and the right to 
 25.1   participate in decisions involving identification, assessment 
 25.2   including assistive technology assessment, and educational 
 25.3   placement of children with a disability; 
 25.4      (4) eligibility and needs of children with a disability are 
 25.5   determined by an initial assessment or reassessment, which may 
 25.6   be completed using existing data under United States Code, title 
 25.7   20, section 33, et seq.; 
 25.8      (5) to the maximum extent appropriate, children with a 
 25.9   disability, including those in public or private institutions or 
 25.10  other care facilities, are educated with children who are not 
 25.11  disabled, and that special classes, separate schooling, or other 
 25.12  removal of children with a disability from the regular 
 25.13  educational environment occurs only when and to the extent that 
 25.14  the nature or severity of the disability is such that education 
 25.15  in regular classes with the use of supplementary services cannot 
 25.16  be achieved satisfactorily; 
 25.17     (6) in accordance with recognized professional standards, 
 25.18  testing and evaluation materials, and procedures used for the 
 25.19  purposes of classification and placement of children with a 
 25.20  disability are selected and administered so as not to be 
 25.21  racially or culturally discriminatory; and 
 25.22     (7) the rights of the child are protected when the parents 
 25.23  or guardians are not known or not available, or the child is a 
 25.24  ward of the state. 
 25.25     (b) For paraprofessionals employed to work in programs for 
 25.26  students with disabilities, the school board in each district 
 25.27  shall ensure that: 
 25.28     (1) before or immediately upon employment, each 
 25.29  paraprofessional develops sufficient knowledge and skills in 
 25.30  emergency procedures, building orientation, roles and 
 25.31  responsibilities, confidentiality, vulnerability, and 
 25.32  reportability, among other things, to begin meeting the needs of 
 25.33  the students with whom the paraprofessional works; 
 25.34     (2) annual training opportunities are available to enable 
 25.35  the paraprofessional to continue to further develop the 
 25.36  knowledge and skills that are specific to the students with whom 
 26.1   the paraprofessional works, including understanding 
 26.2   disabilities, following lesson plans, and implementing follow-up 
 26.3   instructional procedures and activities; and 
 26.4      (3) a districtwide process obligates each paraprofessional 
 26.5   to work under the ongoing direction of a licensed teacher and, 
 26.6   where appropriate and possible, the supervision of a school 
 26.7   nurse. 
 26.8      Sec. 6.  [REPEALER.] 
 26.9      Minnesota Statutes 2002, sections 15.014, subdivision 3; 
 26.10  and 239.004, are repealed. 
 26.11                             ARTICLE 4 
 26.12                FAMILY AND EARLY CHILDHOOD EDUCATION 
 26.13     Section 1.  Minnesota Statutes 2002, section 119A.52, is 
 26.14  amended to read: 
 26.15     119A.52 [DISTRIBUTION OF APPROPRIATION AND PROGRAM 
 26.16  COORDINATION.] 
 26.17     Subdivision 1.  [DISTRIBUTION OF APPROPRIATION; WORK PLAN.] 
 26.18  (a) The commissioner of children, families, and learning must 
 26.19  distribute money appropriated for that purpose to Head Start 
 26.20  program grantees to expand services and to serve additional 
 26.21  low-income children.  Money must be allocated to each project 
 26.22  Head Start grantee in existence on the effective date of Laws 
 26.23  1989, chapter 282.  Migrant and Indian reservation grantees must 
 26.24  be initially allocated money based on the grantees' share of 
 26.25  federal funds.  The remaining money must be initially allocated 
 26.26  to the remaining local agencies based equally on the agencies' 
 26.27  share of federal funds and on the proportion of eligible 
 26.28  children in the agencies' service area who are not currently 
 26.29  being served.  A Head Start grantee must be funded at a per 
 26.30  child rate equal to its contracted, federally funded base level 
 26.31  for program accounts 20, 22, and 25 at the start of the fiscal 
 26.32  year.  In allocating funds under this paragraph, the 
 26.33  commissioner of children, families, and learning must assure 
 26.34  that each Head Start grantee is allocated no less funding in any 
 26.35  fiscal year than was allocated to that grantee in fiscal year 
 26.36  1993.  The commissioner may provide additional funding to 
 27.1   grantees for start-up costs incurred by grantees due to the 
 27.2   increased number of children to be served.  Before paying money 
 27.3   to the grantees, the commissioner must notify each grantee of 
 27.4   its initial allocation, how the money must be used, and the 
 27.5   number of low-income children that must be served with the 
 27.6   allocation.  Each grantee must notify present a work plan to the 
 27.7   commissioner of for approval.  The work plan must include the 
 27.8   estimated number of low-income children and families it will be 
 27.9   able to serve, a description of the program design and service 
 27.10  delivery area which meets the needs of and encourages access by 
 27.11  low-income working families, a program design that ensures fair 
 27.12  and equitable access to Head Start services for all populations 
 27.13  and parts of the service area, and a plan for coordinating 
 27.14  services to maximize assistance for child care costs available 
 27.15  to families under chapter 119B.  For any grantee that cannot 
 27.16  utilize its full allocation, the commissioner must reduce the 
 27.17  allocation proportionately.  Money available after the initial 
 27.18  allocations are reduced must be redistributed to eligible 
 27.19  grantees. 
 27.20     (b) Up to 11 percent of the funds appropriated annually may 
 27.21  be used to provide grants to local Head Start agencies to 
 27.22  provide funds for innovative programs designed either to target 
 27.23  Head Start resources to particular at-risk groups of children or 
 27.24  to provide services in addition to those currently allowable 
 27.25  under federal Head Start regulations.  The commissioner must 
 27.26  award funds for innovative programs under this paragraph on a 
 27.27  competitive basis. 
 27.28     Subd. 2.  [PROGRAM COORDINATION.] Each Head Start grantee 
 27.29  must submit a plan, as part of the work plan requirement in 
 27.30  subdivision 1, to coordinate and maximize use of existing public 
 27.31  and private community resources, including school districts, 
 27.32  health care facilities, government agencies, neighborhood 
 27.33  organizations, and other resources knowledgeable in early 
 27.34  childhood development, to coordinate Head Start programming with 
 27.35  existing community-based programs and service providers, to 
 27.36  foster collaboration among agencies and other community-based 
 28.1   programs that provide flexible, family-focused services to 
 28.2   families with young children, and to facilitate the transition 
 28.3   to kindergarten.  These existing programs and providers include 
 28.4   child care programs, child care resource and referral programs, 
 28.5   early childhood family education, school readiness, local 
 28.6   interagency early intervention committees, early childhood 
 28.7   screening, special education services, and other early childhood 
 28.8   care and education services and programs as specified in the 
 28.9   Head Start performance standards to the extent possible.  The 
 28.10  plan must describe a method by which to share information, 
 28.11  responsibility, and accountability among service and program 
 28.12  providers. 
 28.13     Sec. 2.  Minnesota Statutes 2002, section 121A.21, is 
 28.14  amended to read: 
 28.15     121A.21 [SCHOOL HEALTH SERVICES.] 
 28.16     (a) Every school board must provide services to promote the 
 28.17  health of its pupils. 
 28.18     (b) The board of a district with 1,000 pupils or more in 
 28.19  average daily membership in early childhood family education, 
 28.20  preschool handicapped, elementary, and secondary programs must 
 28.21  comply with the requirements of this paragraph.  It may use one 
 28.22  or a combination of the following methods: 
 28.23     (1) employ personnel, including at least one full-time 
 28.24  equivalent licensed school nurse or continue to employ a 
 28.25  registered nurse not yet certified as a public health nurse as 
 28.26  defined in section 145A.02, subdivision 18, who is enrolled in a 
 28.27  program that would lead to certification within four years of 
 28.28  August 1, 1988; 
 28.29     (2) contract with a public or private health organization 
 28.30  or another public agency for personnel during the regular school 
 28.31  year, determined appropriate by the board, who are currently 
 28.32  licensed under chapter 148 and who are certified public health 
 28.33  nurses; or 
 28.34     (3) enter into another arrangement approved by the 
 28.35  commissioner.  
 28.36     Sec. 3.  Minnesota Statutes 2002, section 121A.23, 
 29.1   subdivision 1, is amended to read: 
 29.2      Subdivision 1.  [SEXUALLY TRANSMITTED INFECTIONS AND 
 29.3   DISEASES PROGRAM.] The commissioner of children, families, and 
 29.4   learning, in consultation with the commissioner of health, shall 
 29.5   assist districts in developing and implementing a program to 
 29.6   prevent and reduce the risk of sexually transmitted infections 
 29.7   and diseases, including but not exclusive to human immune 
 29.8   deficiency virus and human papilloma virus.  Each district must 
 29.9   have a program that includes at least: 
 29.10     (1) planning materials, guidelines, and other technically 
 29.11  accurate and updated information; 
 29.12     (2) a comprehensive, technically accurate, and updated 
 29.13  curriculum that includes helping students to abstain from sexual 
 29.14  activity until marriage; 
 29.15     (3) cooperation and coordination among districts and SCs; 
 29.16     (4) a targeting of adolescents, especially those who may be 
 29.17  at high risk of contracting sexually transmitted infections and 
 29.18  diseases, for prevention efforts; 
 29.19     (5) involvement of parents and other community members; 
 29.20     (6) in-service training for appropriate district staff and 
 29.21  school board members; 
 29.22     (7) collaboration with state agencies and organizations 
 29.23  having a sexually transmitted infection and disease prevention 
 29.24  or sexually transmitted infection and disease risk reduction 
 29.25  program; 
 29.26     (8) collaboration with local community health services, 
 29.27  agencies and organizations having a sexually transmitted 
 29.28  infection and disease prevention or sexually transmitted 
 29.29  infection and disease risk reduction program; and 
 29.30     (9) participation by state and local student organizations. 
 29.31     The department may provide assistance at a neutral site to 
 29.32  a nonpublic school participating in a district's program.  
 29.33  District programs must not conflict with the health and wellness 
 29.34  curriculum developed under Laws 1987, chapter 398, article 5, 
 29.35  section 2, subdivision 7. 
 29.36     If a district fails to develop and implement a program to 
 30.1   prevent and reduce the risk of sexually transmitted infection 
 30.2   and disease, the department must assist the service cooperative 
 30.3   in the region serving that district to develop or implement the 
 30.4   program.  
 30.5      Sec. 4.  Minnesota Statutes 2002, section 124D.13, 
 30.6   subdivision 4, is amended to read: 
 30.7      Subd. 4.  [HOME VISITING PROGRAM.] (a) The commissioner A 
 30.8   district that levies for home visiting under section 124D.135, 
 30.9   subdivision 6, shall use this revenue to include as part of the 
 30.10  early childhood family education programs a parent education 
 30.11  component to prevent child abuse and neglect.  This parent 
 30.12  education component must include: 
 30.13     (1) expanding statewide the home visiting component of the 
 30.14  early childhood family education programs; 
 30.15     (2) training parent educators, child educators, community 
 30.16  outreach workers, and home visitors in the dynamics of child 
 30.17  abuse and neglect and positive parenting and discipline 
 30.18  practices; and 
 30.19     (3) developing and disseminating education and public 
 30.20  information materials that promote positive parenting skills and 
 30.21  prevent child abuse and neglect. 
 30.22     (b) The parent education component must: 
 30.23     (1) offer to isolated or at-risk families home visiting 
 30.24  parent education services that at least address parenting 
 30.25  skills, a child's development and stages of growth, 
 30.26  communication skills, managing stress, problem-solving skills, 
 30.27  positive child discipline practices, methods of improving 
 30.28  parent-child interactions and enhancing self-esteem, using 
 30.29  community support services and other resources, and encouraging 
 30.30  parents to have fun with and enjoy their children; 
 30.31     (2) develop a that is designed to reach isolated or at-risk 
 30.32  families. 
 30.33     The home visiting program must use: 
 30.34     (1) an established risk assessment tool to determine the 
 30.35  family's level of risk; 
 30.36     (3) (2) establish clear objectives and protocols for home 
 31.1   visits; 
 31.2      (4) determine the frequency and duration of home visits 
 31.3   based on a risk-need assessment of the client, with home visits 
 31.4   beginning in the second trimester of pregnancy and continuing, 
 31.5   based on client need, until a child is six years old; 
 31.6      (5) (3) encourage families to make a transition from home 
 31.7   visits to site-based parenting programs to build a family 
 31.8   support network and reduce the effects of isolation; 
 31.9      (6) develop and distribute education materials on 
 31.10  preventing child abuse and neglect that may be used in home 
 31.11  visiting programs and parent education classes and distributed 
 31.12  to the public; 
 31.13     (7) initially provide at least 40 hours of training and 
 31.14  thereafter ongoing training for parent educators, child 
 31.15  educators, community outreach workers, and home visitors that 
 31.16  covers the dynamics of child abuse and neglect, domestic 
 31.17  violence and victimization within family systems, signs of abuse 
 31.18  or other indications that a child may be at risk of being abused 
 31.19  or neglected, what child abuse and neglect are, how to properly 
 31.20  report cases of child abuse and neglect, respect for cultural 
 31.21  preferences in child rearing, what community resources, social 
 31.22  service agencies, and family support activities and programs are 
 31.23  available, child development and growth, parenting skills, 
 31.24  positive child discipline practices, identifying stress factors 
 31.25  and techniques for reducing stress, home visiting techniques, 
 31.26  and risk assessment measures; 
 31.27     (8) (4) provide program services that are community-based, 
 31.28  accessible, and culturally relevant; and 
 31.29     (9) (5) foster collaboration among existing agencies and 
 31.30  community-based organizations that serve young children and 
 31.31  their families. 
 31.32     (c) Home visitors should reflect the demographic 
 31.33  composition of the community the home visitor is serving to the 
 31.34  extent possible.  
 31.35     Sec. 5.  Minnesota Statutes 2002, section 124D.13, 
 31.36  subdivision 8, is amended to read: 
 32.1      Subd. 8.  [COORDINATION.] (a) A district is encouraged to 
 32.2   coordinate the program with its special education and vocational 
 32.3   education programs and with related services provided by other 
 32.4   governmental agencies and nonprofit agencies. must describe 
 32.5   strategies to coordinate and maximize public and private 
 32.6   community resources, including school districts, health care 
 32.7   facilities, government agencies, neighborhood organizations, and 
 32.8   other resources knowledgeable in early childhood development, to 
 32.9   coordinate early childhood family education with existing 
 32.10  community-based programs and service providers to foster 
 32.11  collaboration among agencies and other community-based programs 
 32.12  that provide flexible, family-focused services to families with 
 32.13  young children, and to facilitate the transition to 
 32.14  kindergarten.  These existing programs and providers include:  
 32.15  child care programs, child care resource and referral programs, 
 32.16  school readiness, Head Start, local interagency early 
 32.17  intervention committees, early childhood special education, 
 32.18  early childhood screening, and education services and programs 
 32.19  to the extent possible.  The district must describe a method to 
 32.20  share information, responsibility, and accountability among 
 32.21  service and program providers.  
 32.22     (b) A district is encouraged to coordinate adult basic 
 32.23  education programs provided to parents and early childhood 
 32.24  family education programs provided to children to accomplish the 
 32.25  goals of section 124D.895. 
 32.26     Sec. 6.  Minnesota Statutes 2002, section 124D.15, 
 32.27  subdivision 7, is amended to read: 
 32.28     Subd. 7.  [ADVISORY COUNCIL.] Each school readiness program 
 32.29  must have an advisory council composed of members of existing 
 32.30  early education-related boards, parents of participating 
 32.31  children, child care providers, culturally specific service 
 32.32  organizations, local resource and referral agencies, local early 
 32.33  intervention committees, and representatives of early childhood 
 32.34  service providers.  The council must advise the board in 
 32.35  creating and administering the program and must monitor the 
 32.36  progress of the program.  The council must ensure that children 
 33.1   at greatest risk receive appropriate services.  If the board is 
 33.2   unable to appoint to the advisory council members of existing 
 33.3   early education-related boards, it must appoint parents of 
 33.4   children enrolled in the program who represent the racial, 
 33.5   cultural, and economic diversity of the district and 
 33.6   representatives of early childhood service providers as 
 33.7   representatives to an existing advisory council. 
 33.8      Sec. 7.  Minnesota Statutes 2002, section 124D.16, 
 33.9   subdivision 1, is amended to read: 
 33.10     Subdivision 1.  [PROGRAM REVIEW AND APPROVAL.] A school 
 33.11  district shall biennially by May 1 submit to the commissioners 
 33.12  of children, families, and learning and health the program plan 
 33.13  required under this subdivision.  As determined by the 
 33.14  commissioners, one-half of the districts shall first submit the 
 33.15  plan by May 1 of the 2000-2001 school year and one-half of the 
 33.16  districts shall first submit the plan by May 1 of the 2001-2002 
 33.17  school year.  The program plan must include: 
 33.18     (1) a description of the services to be provided; 
 33.19     (2) a plan to ensure children at greatest risk receive 
 33.20  appropriate services; 
 33.21     (3) a description of procedures and methods to be used 
 33.22  strategies to coordinate and maximize public and private 
 33.23  community resources to maximize use of existing community 
 33.24  resources, including school districts, health care facilities, 
 33.25  government agencies, neighborhood organizations, and other 
 33.26  resources knowledgeable in early childhood development, to 
 33.27  coordinate school readiness with existing community-based 
 33.28  programs and service providers to foster collaboration among 
 33.29  agencies and other community-based programs that provide 
 33.30  flexible, family-focused services to families with young 
 33.31  children, and to facilitate the transition to kindergarten.  
 33.32  These existing programs and providers include child care 
 33.33  programs, child care resource and referral programs, early 
 33.34  childhood family education, Head Start, local interagency early 
 33.35  intervention committees, special education services, early 
 33.36  childhood screening, and other education services and programs 
 34.1   to the extent possible.  The district must describe a method to 
 34.2   share information, responsibility, and accountability among 
 34.3   service and program providers; 
 34.4      (4) comments about the district's proposed program by the 
 34.5   advisory council required by section 124D.15, subdivision 7; and 
 34.6      (5) agreements with all participating service providers.  
 34.7      Each commissioner may review and comment on the program, 
 34.8   and make recommendations to the commissioner of children, 
 34.9   families, and learning, within 30 90 days of receiving the plan. 
 34.10     Sec. 8.  Minnesota Statutes 2002, section 125A.023, 
 34.11  subdivision 3, is amended to read: 
 34.12     Subd. 3.  [DEFINITIONS.] For purposes of this section and 
 34.13  section 125A.027, the following terms have the meanings given 
 34.14  them: 
 34.15     (a) "Health plan" means: 
 34.16     (1) a health plan under section 62Q.01, subdivision 3; 
 34.17     (2) a county-based purchasing plan under section 256B.692; 
 34.18     (3) a self-insured health plan established by a local 
 34.19  government under section 471.617; or 
 34.20     (4) self-insured health coverage provided by the state to 
 34.21  its employees or retirees. 
 34.22     (b) For purposes of this section, "health plan company" 
 34.23  means an entity that issues a health plan as defined in 
 34.24  paragraph (a). 
 34.25     (c) "Individual interagency intervention plan" means a 
 34.26  standardized written plan describing those programs or services 
 34.27  and the accompanying funding sources available to eligible 
 34.28  children with disabilities. 
 34.29     (d) "Interagency intervention service system" means a 
 34.30  system that coordinates services and programs required in state 
 34.31  and federal law to meet the needs of eligible children with 
 34.32  disabilities ages three to 21, including: 
 34.33     (1) services provided under the following programs or 
 34.34  initiatives administered by state or local agencies: 
 34.35     (i) the maternal and child health program under title V of 
 34.36  the Social Security Act, United States Code, title 42, sections 
 35.1   701 to 709; 
 35.2      (ii) the Individuals with Disabilities Education Act under 
 35.3   United States Code, title 20, chapter 33, subchapter II, 
 35.4   sections 1411 to 1420; 
 35.5      (iii) medical assistance under the Social Security Act, 
 35.6   United States Code, title 42, chapter 7, subchapter XIX, section 
 35.7   1396, et seq.; 
 35.8      (iv) the Developmental Disabilities Assistance and Bill of 
 35.9   Rights Act, United States Code, title 42, chapter 75, subchapter 
 35.10  II, sections 6021 to 6030, Part B; 
 35.11     (v) the Head Start Act, United States Code, title 42, 
 35.12  chapter 105, subchapter II, sections 9831 to 9852; 
 35.13     (vi) rehabilitation services provided under chapter 268A; 
 35.14     (vii) Juvenile Court Act services provided under sections 
 35.15  260.011 to 260.91; 260B.001 to 260B.446; and 260C.001 to 
 35.16  260C.451; 
 35.17     (viii) the children's mental health collaboratives under 
 35.18  section 245.493; 
 35.19     (ix) the family service collaboratives under section 
 35.20  124D.23; 
 35.21     (x) the family community support plan under section 
 35.22  245.4881, subdivision 4; 
 35.23     (xi) the MinnesotaCare program under chapter 256L; 
 35.24     (xii) the community health services grants under chapter 
 35.25  145; 
 35.26     (xiii) the Community Social Services Act funding under the 
 35.27  Social Security Act, United States Code, title 42, sections 1397 
 35.28  to 1397f; and 
 35.29     (xiv) the community transition interagency committees under 
 35.30  section 125A.22; 
 35.31     (xv) the child care assistance program under chapter 119B; 
 35.32  and 
 35.33     (xvi) services offered through the child care resource and 
 35.34  referral programs under chapter 119B; 
 35.35     (2) services provided under a health plan in conformity 
 35.36  with an individual family service plan or an individual 
 36.1   education plan; and 
 36.2      (3) additional appropriate services that local agencies and 
 36.3   counties provide on an individual need basis upon determining 
 36.4   eligibility and receiving a request from the interagency early 
 36.5   intervention committee and the child's parent. 
 36.6      (e) "Children with disabilities" has the meaning given in 
 36.7   section 125A.02. 
 36.8      (f) A "standardized written plan" means those individual 
 36.9   services or programs available through the interagency 
 36.10  intervention service system to an eligible child other than the 
 36.11  services or programs described in the child's individual 
 36.12  education plan or the child's individual family service plan. 
 36.13     Sec. 9.  Minnesota Statutes 2002, section 125A.28, is 
 36.14  amended to read: 
 36.15     125A.28 [STATE INTERAGENCY COORDINATING COUNCIL.] 
 36.16     An interagency coordinating council of at least 17, but not 
 36.17  more than 25 members is established, in compliance with Public 
 36.18  Law Number 102-119, section 682.  The members must be appointed 
 36.19  by the governor.  Council members must elect the council chair.  
 36.20  The representative of the commissioner may not serve as the 
 36.21  chair.  The council must be composed of at least five parents, 
 36.22  including persons of color, of children with disabilities under 
 36.23  age 12, including at least three parents of a child with a 
 36.24  disability under age seven, five representatives of public or 
 36.25  private providers of services for children with disabilities 
 36.26  under age five, including a special education director, county 
 36.27  social service director, local Head Start director, and a 
 36.28  community health services or public health nursing 
 36.29  administrator, one member of the senate, one member of the house 
 36.30  of representatives, one representative of teacher preparation 
 36.31  programs in early childhood-special education or other 
 36.32  preparation programs in early childhood intervention, at least 
 36.33  one representative of advocacy organizations for children with 
 36.34  disabilities under age five, one physician who cares for young 
 36.35  children with special health care needs, one representative each 
 36.36  from the commissioners of commerce, children, families, and 
 37.1   learning, health, human services, a representative from the 
 37.2   state agency responsible for child care, and a representative 
 37.3   from Indian health services or a tribal council.  Section 
 37.4   15.059, subdivisions 2 to 5, apply to the council.  The council 
 37.5   must meet at least quarterly.  
 37.6      The council must address methods of implementing the state 
 37.7   policy of developing and implementing comprehensive, 
 37.8   coordinated, multidisciplinary interagency programs of early 
 37.9   intervention services for children with disabilities and their 
 37.10  families. 
 37.11     The duties of the council include recommending policies to 
 37.12  ensure a comprehensive and coordinated system of all state and 
 37.13  local agency services for children under age five with 
 37.14  disabilities and their families.  The policies must address how 
 37.15  to incorporate each agency's services into a unified state and 
 37.16  local system of multidisciplinary assessment practices, 
 37.17  individual intervention plans, comprehensive systems to find 
 37.18  children in need of services, methods to improve public 
 37.19  awareness, and assistance in determining the role of interagency 
 37.20  early intervention committees.  
 37.21     By September 1, the council must recommend to the governor 
 37.22  and the commissioners of children, families, and learning, 
 37.23  health, human services, commerce, and economic security policies 
 37.24  for a comprehensive and coordinated system. 
 37.25     Notwithstanding any other law to the contrary, the state 
 37.26  interagency coordinating council expires on June 30, 2003 2005.  
 37.27     Sec. 10.  Minnesota Statutes 2002, section 125A.30, is 
 37.28  amended to read: 
 37.29     125A.30 [INTERAGENCY EARLY INTERVENTION COMMITTEES.] 
 37.30     (a) A school district, group of districts, or special 
 37.31  education cooperative, in cooperation with the health and human 
 37.32  service agencies located in the county or counties in which the 
 37.33  district or cooperative is located, must establish an 
 37.34  interagency early intervention committee for children with 
 37.35  disabilities under age five and their families under this 
 37.36  section, and for children with disabilities ages three to 22 
 38.1   consistent with the requirements under sections 125A.023 and 
 38.2   125A.027.  Committees must include representatives of local and 
 38.3   regional health, education, and county human service agencies, 
 38.4   county boards, school boards, early childhood family education 
 38.5   programs, Head Start, parents of young children with 
 38.6   disabilities under age 12, child care resource and referral 
 38.7   agencies, school readiness programs, current service providers, 
 38.8   and may also include representatives from other private or 
 38.9   public agencies and school nurses.  The committee must elect a 
 38.10  chair from among its members and must meet at least quarterly. 
 38.11     (b) The committee must develop and implement interagency 
 38.12  policies and procedures concerning the following ongoing duties: 
 38.13     (1) develop public awareness systems designed to inform 
 38.14  potential recipient families of available programs and services; 
 38.15     (2) implement interagency child find systems designed to 
 38.16  actively seek out, identify, and refer infants and young 
 38.17  children with, or at risk of, disabilities and their families; 
 38.18     (3) establish and evaluate the identification, referral, 
 38.19  child and family assessment systems, procedural safeguard 
 38.20  process, and community learning systems to recommend, where 
 38.21  necessary, alterations and improvements; 
 38.22     (4) assure the development of individualized family service 
 38.23  plans for all eligible infants and toddlers with disabilities 
 38.24  from birth through age two, and their families, and individual 
 38.25  education plans and individual service plans when necessary to 
 38.26  appropriately serve children with disabilities, age three and 
 38.27  older, and their families and recommend assignment of financial 
 38.28  responsibilities to the appropriate agencies; 
 38.29     (5) encourage agencies to develop individual family service 
 38.30  plans for children with disabilities, age three and older; 
 38.31     (6) implement a process for assuring that services involve 
 38.32  cooperating agencies at all steps leading to individualized 
 38.33  programs; 
 38.34     (7) facilitate the development of a transitional plan if a 
 38.35  service provider is not recommended to continue to provide 
 38.36  services; 
 39.1      (8) identify the current services and funding being 
 39.2   provided within the community for children with disabilities 
 39.3   under age five and their families; 
 39.4      (9) develop a plan for the allocation and expenditure of 
 39.5   additional state and federal early intervention funds under 
 39.6   United States Code, title 20, section 1471 et seq.  (Part H, 
 39.7   Public Law Number 102-119) and United States Code, title 20, 
 39.8   section 631, et seq. (Chapter I, Public Law Number 89-313); and 
 39.9      (10) develop a policy that is consistent with section 
 39.10  13.05, subdivision 9, and federal law to enable a member of an 
 39.11  interagency early intervention committee to allow another member 
 39.12  access to data classified as not public. 
 39.13     (c) The local committee shall also: 
 39.14     (1) participate in needs assessments and program planning 
 39.15  activities conducted by local social service, health and 
 39.16  education agencies for young children with disabilities and 
 39.17  their families; and 
 39.18     (2) review and comment on the early intervention section of 
 39.19  the total special education system for the district, the county 
 39.20  social service plan, the section or sections of the community 
 39.21  health services plan that address needs of and service 
 39.22  activities targeted to children with special health care 
 39.23  needs, the section on children with special needs in the county 
 39.24  child care fund plan, sections in Head Start plans on 
 39.25  coordinated planning and services for children with special 
 39.26  needs, any relevant portions of early childhood education plans, 
 39.27  such as early childhood family education or school readiness, or 
 39.28  other applicable coordinated school and community plans for 
 39.29  early childhood programs and services, and the section of the 
 39.30  maternal and child health special project grants that address 
 39.31  needs of and service activities targeted to children with 
 39.32  chronic illness and disabilities. 
 39.33     Sec. 11.  [REPEALER.] 
 39.34     Minnesota Statutes 2002, sections 119A.08; 125A.47; and 
 39.35  144.401, subdivision 5, are repealed.