HF 1227

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; renaming the department of 
  1.3             children, families, and learning to department of 
  1.4             education and making conforming changes; redefining 
  1.5             middle school; providing students with instruction on 
  1.6             abstinence until marriage premised on risk avoidance; 
  1.7             establishing notice requirements for student surveys 
  1.8             and similar instruments; permitting school districts 
  1.9             to assign students to area learning centers; 
  1.10            permitting certain licensed teachers to teach in a 
  1.11            content area without a license for that content area; 
  1.12            encouraging retired teachers to serve as short-call 
  1.13            substitute teachers; verifying teacher licenses; 
  1.14            improving student access to services supporting 
  1.15            academic success; providing for charter school student 
  1.16            participation in resident district extracurricular 
  1.17            activities; modifying certain school bus safety, 
  1.18            driver training, and bus equipment provisions; 
  1.19            removing notice requirement of optional student 
  1.20            participation in learning year program; providing for 
  1.21            a pilot project to evaluate school district and school 
  1.22            site parent involvement policies and strategies; 
  1.23            amending Minnesota Statutes 2002, sections 15.01; 
  1.24            119A.01, subdivision 2; 119A.02, subdivisions 2, 3; 
  1.25            119B.011, subdivisions 8, 10; 120A.02; 120A.05, 
  1.26            subdivisions 4, 7, 11; 121A.23, by adding a 
  1.27            subdivision; 121A.55; 122A.09, subdivision 10; 
  1.28            122A.18, subdivision 7a; 122A.22; 123B.36, subdivision 
  1.29            1; 123B.49, subdivision 4; 123B.90, subdivisions 2, 3; 
  1.30            123B.91, subdivision 1; 124D.10, subdivision 8; 
  1.31            124D.128, subdivision 3; 127A.05, subdivisions 1, 3; 
  1.32            169.28, subdivision 1; 169.4503, subdivision 4; 
  1.33            169.454, subdivision 6; 171.321, subdivision 5; 
  1.34            proposing coding for new law in Minnesota Statutes, 
  1.35            chapters 121A; 123B; repealing Minnesota Statutes 
  1.36            2002, sections 119A.01, subdivision 1; 123B.90, 
  1.37            subdivision 1; 169.441, subdivision 4. 
  1.38  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.39     Section 1.  Minnesota Statutes 2002, section 15.01, is 
  1.40  amended to read: 
  1.41     15.01 [DEPARTMENTS OF THE STATE.] 
  2.1      The following agencies are designated as the departments of 
  2.2   the state government:  the department of administration; the 
  2.3   department of agriculture; the department of commerce; the 
  2.4   department of corrections; the department of children, families, 
  2.5   and learning education; the department of economic security; the 
  2.6   department of trade and economic development; the department of 
  2.7   finance; the department of health; the department of human 
  2.8   rights; the department of labor and industry; the department of 
  2.9   military affairs; the department of natural resources; the 
  2.10  department of employee relations; the department of public 
  2.11  safety; the department of human services; the department of 
  2.12  revenue; the department of transportation; the department of 
  2.13  veterans affairs; and their successor departments. 
  2.14     Sec. 2.  Minnesota Statutes 2002, section 119A.01, 
  2.15  subdivision 2, is amended to read: 
  2.16     Subd. 2.  [ESTABLISHMENT.] The department of children, 
  2.17  families, and learning education is established. 
  2.18     Sec. 3.  Minnesota Statutes 2002, section 119A.02, 
  2.19  subdivision 2, is amended to read: 
  2.20     Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
  2.21  commissioner of children, families, and learning education. 
  2.22     Sec. 4.  Minnesota Statutes 2002, section 119A.02, 
  2.23  subdivision 3, is amended to read: 
  2.24     Subd. 3.  [DEPARTMENT.] "Department" means the department 
  2.25  of children, families, and learning education. 
  2.26     Sec. 5.  Minnesota Statutes 2002, section 119B.011, 
  2.27  subdivision 8, is amended to read: 
  2.28     Subd. 8.  [COMMISSIONER.] "Commissioner" means the 
  2.29  commissioner of children, families, and learning education. 
  2.30     Sec. 6.  Minnesota Statutes 2002, section 119B.011, 
  2.31  subdivision 10, is amended to read: 
  2.32     Subd. 10.  [DEPARTMENT.] "Department" means the department 
  2.33  of children, families, and learning education. 
  2.34     Sec. 7.  Minnesota Statutes 2002, section 120A.02, is 
  2.35  amended to read: 
  2.36     120A.02 [DEPARTMENT OF CHILDREN, FAMILIES, AND LEARNING 
  3.1   EDUCATION.] 
  3.2      The department of children, families, and learning 
  3.3   education shall carry out the provisions of chapters 120A to 
  3.4   129C and other related education provisions under law. 
  3.5      Sec. 8.  Minnesota Statutes 2002, section 120A.05, 
  3.6   subdivision 4, is amended to read: 
  3.7      Subd. 4.  [COMMISSIONER.] "Commissioner" means the 
  3.8   commissioner of children, families, and learning education. 
  3.9      Sec. 9.  Minnesota Statutes 2002, section 120A.05, 
  3.10  subdivision 7, is amended to read: 
  3.11     Subd. 7.  [DEPARTMENT.] "Department" means the department 
  3.12  of children, families, and learning education. 
  3.13     Sec. 10.  Minnesota Statutes 2002, section 120A.05, 
  3.14  subdivision 11, is amended to read: 
  3.15     Subd. 11.  [MIDDLE SCHOOL.] "Middle school" means any 
  3.16  school other than a secondary school giving an approved course 
  3.17  of study in a minimum of three two consecutive grades above 4th 
  3.18  but below 10th with building, equipment, courses of study, class 
  3.19  schedules, enrollment, and staff meeting the standards 
  3.20  established by the commissioner of children, families, and 
  3.21  learning education. 
  3.22     [EFFECTIVE DATE.] This section is effective for the 
  3.23  2003-2004 school year and later. 
  3.24     Sec. 11.  Minnesota Statutes 2002, section 121A.23, is 
  3.25  amended by adding a subdivision to read: 
  3.26     Subd. 1a.  [ABSTINENCE UNTIL MARRIAGE.] A school district 
  3.27  that complies with subdivision 1 must provide students with a 
  3.28  curriculum on and instruction in abstinence until marriage 
  3.29  premised on risk avoidance. 
  3.30     [EFFECTIVE DATE.] This section is effective the day 
  3.31  following final enactment. 
  3.32     Sec. 12.  [121A.24] [NOTICE REQUIREMENTS FOR STUDENT 
  3.33  SURVEYS AND SIMILAR INSTRUMENTS.] 
  3.34     (a) A school district must obtain prior written informed 
  3.35  consent from a student's parent or guardian before administering 
  3.36  an academic or nonacademic student survey, assessment, analysis, 
  4.1   evaluation, or similar instrument that reveals information about 
  4.2   the student or the student's family concerning: 
  4.3      (1) political affiliations or beliefs; 
  4.4      (2) mental or psychological problems; 
  4.5      (3) sexual behavior or attitudes; 
  4.6      (4) illegal, antisocial, self-incriminating, or demeaning 
  4.7   behavior; 
  4.8      (5) critical appraisals of another individual with whom a 
  4.9   student has a close family relationship; 
  4.10     (6) legally recognized privileged or analogous 
  4.11  relationships, such as those with a lawyer, physician, or 
  4.12  minister; 
  4.13     (7) religious practices, affiliations, or beliefs; or 
  4.14     (8) income or other income-related information required by 
  4.15  law to determine eligibility to participate in or receive 
  4.16  financial assistance under a program. 
  4.17     (b) When asking a parent or guardian to provide informed 
  4.18  written consent, the school district must: 
  4.19     (1) make a copy of the instrument readily accessible to the 
  4.20  parent or guardian at a convenient location and reasonable time; 
  4.21  and 
  4.22     (2) specifically identify the information in paragraph (a) 
  4.23  that will be revealed through the instrument. 
  4.24  The district must request the consent of the parent or guardian 
  4.25  at least 14 days before administering the instrument. 
  4.26     (c) A parent or guardian seeking to compel a school 
  4.27  district to comply with this section has available the civil 
  4.28  remedies under section 13.08, subdivision 4, in addition to 
  4.29  other remedies provided by law. 
  4.30     [EFFECTIVE DATE.] This section is effective the day 
  4.31  following final enactment. 
  4.32     Sec. 13.  Minnesota Statutes 2002, section 121A.55, is 
  4.33  amended to read: 
  4.34     121A.55 [POLICIES TO BE ESTABLISHED.] 
  4.35     (a) The commissioner of children, families, and learning 
  4.36  education shall promulgate guidelines to assist each school 
  5.1   board.  Each school board shall establish uniform criteria for 
  5.2   dismissal and adopt written policies and rules to effectuate the 
  5.3   purposes of sections 121A.40 to 121A.56.  The policies shall 
  5.4   emphasize preventing dismissals through early detection of 
  5.5   problems and shall be designed to address students' 
  5.6   inappropriate behavior from recurring.  The policies shall 
  5.7   recognize the continuing responsibility of the school for the 
  5.8   education of the pupil during the dismissal period.  The 
  5.9   alternative educational services, if the pupil wishes to take 
  5.10  advantage of them, must be adequate to allow the pupil to make 
  5.11  progress towards meeting the graduation standards adopted under 
  5.12  section 120B.02 and help prepare the pupil for readmission.  
  5.13     (b) Consistent with its policies adopted under paragraph 
  5.14  (a), a school district, in consultation with a student's parent 
  5.15  or guardian, may assign a student to an area learning center or 
  5.16  provide other alternative educational services under section 
  5.17  121A.41, subdivision 11.  An area learning center under section 
  5.18  123A.05 may not prohibit an expelled or excluded pupil from 
  5.19  enrolling solely because a district expelled or excluded the 
  5.20  pupil.  The board of the area learning center may use the 
  5.21  provisions of the Pupil Fair Dismissal Act to exclude a pupil or 
  5.22  to require an admission plan. 
  5.23     (c) The commissioner shall actively encourage and assist 
  5.24  school districts to cooperatively establish alternative 
  5.25  educational services within school buildings or at alternative 
  5.26  program sites that offer instruction to pupils who are dismissed 
  5.27  from school for willfully engaging in dangerous, disruptive, or 
  5.28  violent behavior, including for possessing a firearm in a school 
  5.29  zone. 
  5.30     [EFFECTIVE DATE.] This section is effective the day 
  5.31  following final enactment.  
  5.32     Sec. 14.  Minnesota Statutes 2002, section 122A.09, 
  5.33  subdivision 10, is amended to read: 
  5.34     Subd. 10.  [VARIANCES.] (a) Notwithstanding subdivision 9 
  5.35  and section 14.05, subdivision 4, the board of teaching may 
  5.36  grant a variance to its rules upon application by a school 
  6.1   district for purposes of implementing experimental programs in 
  6.2   learning or management. 
  6.3      (b) To enable a school district to meet the needs of 
  6.4   students enrolled in an alternative education program and to 
  6.5   enable licensed teachers instructing those students to satisfy 
  6.6   content area licensure requirements, the board of teaching 
  6.7   annually may permit a licensed teacher teaching in an 
  6.8   alternative education program that allows the teacher to 
  6.9   instruct students in a content area for which the teacher is not 
  6.10  licensed, consistent with paragraph (a). 
  6.11     [EFFECTIVE DATE.] This section is effective the day 
  6.12  following final enactment.  
  6.13     Sec. 15.  Minnesota Statutes 2002, section 122A.18, 
  6.14  subdivision 7a, is amended to read: 
  6.15     Subd. 7a.  [PERMISSION TO SUBSTITUTE TEACH.] (a) The board 
  6.16  of teaching may allow a person who is enrolled in and making 
  6.17  satisfactory progress in a board-approved teacher program and 
  6.18  who has successfully completed student teaching to be employed 
  6.19  as a short-call substitute teacher.  
  6.20     (b) The board of teaching may issue a lifetime qualified 
  6.21  short-call substitute teaching license to a person who: 
  6.22     (1) was a qualified teacher under section 122A.16 while 
  6.23  holding a continuing five-year teaching license issued by the 
  6.24  board and receives a retirement annuity from the teachers 
  6.25  retirement association, the Minneapolis teachers retirement fund 
  6.26  association, the St. Paul teachers retirement fund association, 
  6.27  or the Duluth teachers retirement fund association; 
  6.28     (2) holds an out-of-state teaching license and receives a 
  6.29  retirement annuity as a result of the person's teaching 
  6.30  experience; or 
  6.31     (3) held a continuing five-year license issued by the 
  6.32  board, taught at least three school years in an accredited 
  6.33  nonpublic school in Minnesota, and receives a retirement annuity 
  6.34  as a result of the person's teaching experience. 
  6.35  A person holding a lifetime qualified short-call substitute 
  6.36  teaching license is not required to complete continuing 
  7.1   education clock hours.  A person holding this license may 
  7.2   reapply to the board for a continuing five-year license and must 
  7.3   again complete continuing education clock hours one school year 
  7.4   after receiving the continuing five-year license. 
  7.5      [EFFECTIVE DATE.] This section is effective for the 
  7.6   2003-2004 school year. 
  7.7      Sec. 16.  Minnesota Statutes 2002, section 122A.22, is 
  7.8   amended to read: 
  7.9      122A.22 [DISTRICT RECORDING VERIFICATION OF TEACHER 
  7.10  LICENSES.] 
  7.11     No person shall be accounted a qualified teacher until the 
  7.12  person has filed for record with the district superintendent 
  7.13  where the person intends to teach a license, or certified copy 
  7.14  of a license, authorizing the person to teach school in the 
  7.15  district school system school district or charter school 
  7.16  contracting with the person for teaching services verifies 
  7.17  through the Minnesota education licensing system available on 
  7.18  the department Web site that the person is a qualified teacher, 
  7.19  consistent with sections 122A.16 and 122A.44, subdivision 1. 
  7.20     [EFFECTIVE DATE.] This section is effective for the 
  7.21  2003-2004 school year and later.  
  7.22     Sec. 17.  [123B.061] [IMPROVING STUDENT ACCESS TO SERVICES 
  7.23  SUPPORTING ACADEMIC SUCCESS.] 
  7.24     (a) School districts and the department of education shall 
  7.25  work to improve students' educational achievement, to provide 
  7.26  for student safety, and to enhance student physical and 
  7.27  emotional and social well-being by providing access to licensed 
  7.28  student support services. 
  7.29     (b) Districts and the department shall explore 
  7.30  opportunities for obtaining additional funds to improve 
  7.31  students' access to needed licensed student support services 
  7.32  including, but not limited to, medical assistance 
  7.33  reimbursements, local collaborative time study funds, federal 
  7.34  funds, public health funds, and specifically designated funds. 
  7.35     (c) Districts and the department must consider nationally 
  7.36  recommended licensed staff to student ratios when working to 
  8.1   improve student access to needed student services: 
  8.2      (1) one licensed school nurse to 750 students; 
  8.3      (2) one licensed school social worker to 500 students; 
  8.4      (3) one licensed school psychologist to 1,000 students; 
  8.5      (4) one licensed school counselor to 250 secondary school 
  8.6   students and one licensed school counselor to 400 elementary 
  8.7   school students; and 
  8.8      (5) one or more school chemical health counselors who may 
  8.9   be one of the professionals listed in this paragraph if the 
  8.10  staff to student ratios are adjusted. 
  8.11     School districts shall develop their student services team 
  8.12  according to the needs of their respective districts. 
  8.13     [EFFECTIVE DATE.] This section is effective the day 
  8.14  following final enactment. 
  8.15     Sec. 18.  Minnesota Statutes 2002, section 123B.36, 
  8.16  subdivision 1, is amended to read: 
  8.17     Subdivision 1.  [SCHOOL BOARDS MAY REQUIRE FEES.] (a) For 
  8.18  purposes of this subdivision, "home school" means a home school 
  8.19  as defined in sections 120A.22 and 120A.24 with five or fewer 
  8.20  students receiving instruction.  
  8.21     (b) A school board is authorized to require payment of fees 
  8.22  in the following areas: 
  8.23     (1) in any program where the resultant product, in excess 
  8.24  of minimum requirements and at the pupil's option, becomes the 
  8.25  personal property of the pupil; 
  8.26     (2) admission fees or charges for extra curricular 
  8.27  activities, where attendance is optional and where the admission 
  8.28  fees or charges a student must pay to attend or participate in 
  8.29  an extracurricular activity is the same for all students, 
  8.30  regardless of whether the student is enrolled in a public or a 
  8.31  home school; 
  8.32     (3) a security deposit for the return of materials, 
  8.33  supplies, or equipment; 
  8.34     (4) personal physical education and athletic equipment and 
  8.35  apparel, although any pupil may personally provide it if it 
  8.36  meets reasonable requirements and standards relating to health 
  9.1   and safety established by the board; 
  9.2      (5) items of personal use or products that a student has an 
  9.3   option to purchase such as student publications, class rings, 
  9.4   annuals, and graduation announcements; 
  9.5      (6) fees specifically permitted by any other statute, 
  9.6   including but not limited to section 171.05, subdivision 2; 
  9.7   provided (i) driver education fees do not exceed the actual cost 
  9.8   to the school and school district of providing driver education, 
  9.9   and (ii) the driver education courses are open to enrollment to 
  9.10  persons between the ages of 15 and 18 who reside or attend 
  9.11  school in the school district; 
  9.12     (7) field trips considered supplementary to a district 
  9.13  educational program; 
  9.14     (8) any authorized voluntary student health and accident 
  9.15  benefit plan; 
  9.16     (9) for the use of musical instruments owned or rented by 
  9.17  the district, a reasonable rental fee not to exceed either the 
  9.18  rental cost to the district or the annual depreciation plus the 
  9.19  actual annual maintenance cost for each instrument; 
  9.20     (10) transportation of pupils to and from extra curricular 
  9.21  activities conducted at locations other than school, where 
  9.22  attendance is optional, and transportation of charter school 
  9.23  students participating in extracurricular activities conducted 
  9.24  in the resident school district under section 123B.49, 
  9.25  subdivision 4, paragraph (a), which must be charged to the 
  9.26  charter school; 
  9.27     (11) transportation to and from school of pupils living 
  9.28  within two miles from school and all other transportation 
  9.29  services not required by law.  If a district charges fees for 
  9.30  transportation of pupils, it must establish guidelines for that 
  9.31  transportation to ensure that no pupil is denied transportation 
  9.32  solely because of inability to pay; 
  9.33     (12) motorcycle classroom education courses conducted 
  9.34  outside of regular school hours; provided the charge must not 
  9.35  exceed the actual cost of these courses to the school district; 
  9.36     (13) transportation to and from post-secondary institutions 
 10.1   for pupils enrolled under the post-secondary enrollment options 
 10.2   program under section 123B.88, subdivision 22.  Fees collected 
 10.3   for this service must be reasonable and must be used to reduce 
 10.4   the cost of operating the route.  Families who qualify for 
 10.5   mileage reimbursement under section 124D.09, subdivision 22, may 
 10.6   use their state mileage reimbursement to pay this fee.  If no 
 10.7   fee is charged, districts must allocate costs based on the 
 10.8   number of pupils riding the route. 
 10.9      [EFFECTIVE DATE.] This section is effective for the 
 10.10  2003-2004 school year and later. 
 10.11     Sec. 19.  Minnesota Statutes 2002, section 123B.49, 
 10.12  subdivision 4, is amended to read: 
 10.13     Subd. 4.  [BOARD CONTROL OF EXTRACURRICULAR ACTIVITIES.] 
 10.14  (a) The board may take charge of and control all extracurricular 
 10.15  activities of the teachers and children of the public schools in 
 10.16  the district.  Extracurricular activities means all direct and 
 10.17  personal services for pupils for their enjoyment that are 
 10.18  managed and operated under the guidance of an adult or staff 
 10.19  member.  The board shall allow all resident pupils receiving 
 10.20  instruction in a home school as defined in section 123B.36, 
 10.21  subdivision 1, paragraph (a), and all resident pupils receiving 
 10.22  instruction in a charter school as defined in section 124D.10 to 
 10.23  be eligible to fully participate in extracurricular activities 
 10.24  on the same basis as public school students enrolled in the 
 10.25  district's schools.  Charter school students participating in 
 10.26  extracurricular activities must meet the academic and student 
 10.27  conduct requirements of the charter school and resident district.
 10.28     (b) Extracurricular activities have all of the following 
 10.29  characteristics: 
 10.30     (1) they are not offered for school credit nor required for 
 10.31  graduation; 
 10.32     (2) they are generally conducted outside school hours, or 
 10.33  if partly during school hours, at times agreed by the 
 10.34  participants, and approved by school authorities; 
 10.35     (3) the content of the activities is determined primarily 
 10.36  by the pupil participants under the guidance of a staff member 
 11.1   or other adult. 
 11.2      (c) If the board does not take charge of and control 
 11.3   extracurricular activities, these activities shall be 
 11.4   self-sustaining with all expenses, except direct salary costs 
 11.5   and indirect costs of the use of school facilities, met by dues, 
 11.6   admissions, or other student fund-raising events.  The general 
 11.7   fund must reflect only those salaries directly related to and 
 11.8   readily identified with the activity and paid by public funds.  
 11.9   Other revenues and expenditures for extra curricular activities 
 11.10  must be recorded according to the "Manual of Instruction for 
 11.11  Uniform Student Activities Accounting for Minnesota School 
 11.12  Districts and Area Vocational-Technical Colleges."  
 11.13  Extracurricular activities not under board control must have an 
 11.14  annual financial audit and must also be audited annually for 
 11.15  compliance with this section. 
 11.16     (d) If the board takes charge of and controls 
 11.17  extracurricular activities, any or all costs of these activities 
 11.18  may be provided from school revenues and all revenues and 
 11.19  expenditures for these activities shall be recorded in the same 
 11.20  manner as other revenues and expenditures of the district.  
 11.21     (e) If the board takes charge of and controls 
 11.22  extracurricular activities, the teachers or pupils in the 
 11.23  district must not participate in such activity, nor shall the 
 11.24  school name or any allied name be used in connection therewith, 
 11.25  except by consent and direction of the board.  
 11.26     (f) School districts may charge charter schools their 
 11.27  proportional share of the direct and indirect costs of the 
 11.28  extracurricular activities not covered by student fees under 
 11.29  section 123B.36, subdivision 1. 
 11.30     [EFFECTIVE DATE.] This section is effective for the 
 11.31  2003-2004 school year and later. 
 11.32     Sec. 20.  Minnesota Statutes 2002, section 123B.90, 
 11.33  subdivision 2, is amended to read: 
 11.34     Subd. 2.  [STUDENT TRAINING.] (a) Each district must 
 11.35  provide public school pupils enrolled in grades kindergarten 
 11.36  through grade 10 with age-appropriate school bus safety training.
 12.1   The training must be results-oriented and shall consist of both 
 12.2   classroom instruction and practical training using a school 
 12.3   bus.  Upon completing the training, a student shall be able to 
 12.4   demonstrate knowledge and understanding, as described in this 
 12.5   section of at least the following competencies and concepts: 
 12.6      (1) transportation by school bus is a privilege and not a 
 12.7   right; 
 12.8      (2) district policies for student conduct and school bus 
 12.9   safety; 
 12.10     (3) appropriate conduct while on the school bus; 
 12.11     (4) the danger zones surrounding a school bus; 
 12.12     (5) procedures for safely boarding and leaving a school 
 12.13  bus; 
 12.14     (6) procedures for safe street or road crossing; and 
 12.15     (7) school bus evacuation and other emergency procedures; 
 12.16  and 
 12.17     (8) appropriate training on the use of lap belts or lap and 
 12.18  shoulder belts, if the district uses buses equipped with lap 
 12.19  belts or lap and shoulder belts. 
 12.20     (b) Each nonpublic school located within the district must 
 12.21  provide all nonpublic school pupils enrolled in grades 
 12.22  kindergarten through grade 10 who are transported by school bus 
 12.23  at public expense and attend school within the district's 
 12.24  boundaries with training as required in paragraph (a).  The 
 12.25  school district shall make a bus available for the practical 
 12.26  training if the district transports the nonpublic students.  
 12.27  Each nonpublic school shall provide the instruction. 
 12.28     (c) All Students enrolled in grades kindergarten through 3 
 12.29  grade 6 who are transported by school bus and are enrolled 
 12.30  during the first or second week of school must demonstrate 
 12.31  achievement of receive the school bus safety training 
 12.32  competencies by the end of the third week of school.  All 
 12.33  Students enrolled in grades 4 7 through 10 who are transported 
 12.34  by school bus and are enrolled during the first or second week 
 12.35  of school and have not received school bus safety training in 
 12.36  kindergarten through grade 6 must demonstrate achievement 
 13.1   of receive the competencies by the end of the sixth week of 
 13.2   school.  Students enrolled in grades 9 and 10 must receive 
 13.3   training in the laws and proper procedures when operating a 
 13.4   motor vehicle in the vicinity of a school bus.  Students 
 13.5   enrolled in grades kindergarten through grade 10 who enroll in a 
 13.6   school after the second week of school and are transported by 
 13.7   school bus and have not received training in their previous 
 13.8   school district shall undergo school bus safety training and 
 13.9   demonstrate achievement of the school bus safety competencies or 
 13.10  receive bus safety instructional materials within four weeks of 
 13.11  the first day of attendance.  The school transportation safety 
 13.12  director in each district must certify to the commissioner 
 13.13  superintendent of schools annually that all students transported 
 13.14  by school bus within the district have satisfactorily 
 13.15  demonstrated knowledge and understanding of received the school 
 13.16  bus safety competencies training according to this section or 
 13.17  provide an explanation for a student's failure to demonstrate 
 13.18  the competencies.  The principal or other chief administrator of 
 13.19  each nonpublic school must certify annually to the school 
 13.20  transportation safety director of the district in which the 
 13.21  school is located that all of the school's students transported 
 13.22  by school bus at public expense have received training according 
 13.23  to this section.  A district may deny transportation to a 
 13.24  student who fails to demonstrate the competencies, unless the 
 13.25  student is unable to achieve the competencies due to a 
 13.26  disability, or to a student who attends a nonpublic school that 
 13.27  fails to provide training as required by this subdivision. 
 13.28     (d) A district and a nonpublic school with students 
 13.29  transported by school bus at public expense must, to the extent 
 13.30  possible, may provide kindergarten pupils with bus safety 
 13.31  training before the first day of school. 
 13.32     (e) A district and a nonpublic school with students 
 13.33  transported by school bus at public expense must may also 
 13.34  provide student safety education for bicycling and pedestrian 
 13.35  safety, for students enrolled in grades kindergarten through 
 13.36  grade 5. 
 14.1      (f) A district and a nonpublic school with students 
 14.2   transported by school bus at public expense must make reasonable 
 14.3   accommodations for the school bus, bicycle, and pedestrian 
 14.4   safety training of pupils known to speak English as a second 
 14.5   language and pupils with disabilities. 
 14.6      (g) The district must provide students enrolled in 
 14.7   kindergarten through grade 3 school bus safety training twice 
 14.8   during the school year.  
 14.9      Sec. 21.  Minnesota Statutes 2002, section 123B.90, 
 14.10  subdivision 3, is amended to read: 
 14.11     Subd. 3.  [MODEL TRAINING PROGRAM.] The commissioner shall 
 14.12  develop a comprehensive model school bus safety training program 
 14.13  for pupils who ride the bus that includes bus safety curriculum 
 14.14  for both classroom and practical instruction, methods for 
 14.15  assessing attainment of school bus safety competencies, and 
 14.16  age-appropriate instructional materials.  The model training 
 14.17  program for students riding buses with lap belts or lap and 
 14.18  shoulder belts must include information on the appropriate use 
 14.19  of lap belts or lap and shoulder belts.  The program must be 
 14.20  adaptable for use by students with disabilities. 
 14.21     Sec. 22.  Minnesota Statutes 2002, section 123B.91, 
 14.22  subdivision 1, is amended to read: 
 14.23     Subdivision 1.  [COMPREHENSIVE POLICY.] (a) Each district 
 14.24  shall develop and implement a comprehensive, written policy 
 14.25  governing pupil transportation safety, including transportation 
 14.26  of nonpublic school students, when applicable.  The policy, at 
 14.27  minimum, must contain: 
 14.28     (1) provisions for appropriate student bus safety training 
 14.29  under section 123B.90; 
 14.30     (2) rules governing student conduct on school buses and in 
 14.31  school bus loading and unloading areas; 
 14.32     (3) a statement of parent or guardian responsibilities 
 14.33  relating to school bus safety; 
 14.34     (4) provisions for notifying students and parents or 
 14.35  guardians of their responsibilities and the rules, including the 
 14.36  district's seat belt policy, if applicable; 
 15.1      (5) an intradistrict system for reporting school bus 
 15.2   accidents or misconduct and a system for dealing with local law 
 15.3   enforcement officials in cases of criminal conduct on a school 
 15.4   bus; 
 15.5      (6) (5) a discipline policy to address violations of school 
 15.6   bus safety rules, including procedures for revoking a student's 
 15.7   bus riding privileges in cases of serious or repeated 
 15.8   misconduct; 
 15.9      (7) (6) a system for integrating school bus misconduct 
 15.10  records with other discipline records; 
 15.11     (8) a statement of bus driver duties; 
 15.12     (9) (7) where applicable, provisions governing bus monitor 
 15.13  qualifications, training, and duties; 
 15.14     (10) (8) rules governing the use and maintenance of type 
 15.15  III vehicles, drivers of type III vehicles, qualifications to 
 15.16  drive a type III vehicle, qualifications for a type III vehicle, 
 15.17  and the circumstances under which a student may be transported 
 15.18  in a type III vehicle; 
 15.19     (11) (9) operating rules and procedures; 
 15.20     (12) provisions for annual bus driver in-service training 
 15.21  and evaluation; 
 15.22     (13) (10) emergency procedures; 
 15.23     (14) (11) a system for maintaining and inspecting 
 15.24  equipment; and 
 15.25     (15) (12) any other requirements of the school district, if 
 15.26  any, that exceed state law minimum requirements for school bus 
 15.27  operations; and 
 15.28     (16) requirements for basic first aid training, which must 
 15.29  include the Heimlich maneuver and procedures for dealing with 
 15.30  obstructed airways, shock, bleeding, and seizures. 
 15.31     (b) Districts are encouraged to use the model policy 
 15.32  developed by the Minnesota school boards association, the 
 15.33  department of public safety, and the department of children, 
 15.34  families, and learning education, as well as the current edition 
 15.35  of the "National Standards for School Transportation," in 
 15.36  developing safety policies.  Each district shall review its 
 16.1   policy annually to ensure that it conforms to law. 
 16.2      Sec. 23.  Minnesota Statutes 2002, section 124D.10, 
 16.3   subdivision 8, is amended to read: 
 16.4      Subd. 8.  [STATE AND LOCAL REQUIREMENTS.] (a) A charter 
 16.5   school shall meet all applicable state and local health and 
 16.6   safety requirements. 
 16.7      (b) A school sponsored by a school board may be located in 
 16.8   any district, unless the school board of the district of the 
 16.9   proposed location disapproves by written resolution.  
 16.10     (c) A charter school must be nonsectarian in its programs, 
 16.11  admission policies, employment practices, and all other 
 16.12  operations.  A sponsor may not authorize a charter school or 
 16.13  program that is affiliated with a nonpublic sectarian school or 
 16.14  a religious institution. 
 16.15     (d) Charter schools must not be used as a method of 
 16.16  providing education or generating revenue for students who are 
 16.17  being home-schooled. 
 16.18     (e) The primary focus of a charter school must be to 
 16.19  provide a comprehensive program of instruction for at least one 
 16.20  grade or age group from five through 18 years of age.  
 16.21  Instruction may be provided to people younger than five years 
 16.22  and older than 18 years of age. 
 16.23     (f) A charter school may not charge tuition. 
 16.24     (g) A charter school is subject to and must comply with 
 16.25  chapter 363 and section 121A.04. 
 16.26     (h) A charter school is subject to and must comply with the 
 16.27  Pupil Fair Dismissal Act, sections 121A.40 to 121A.56, and the 
 16.28  Minnesota Public School Fee Law, sections 123B.34 to 123B.39. 
 16.29     (i) A charter school is subject to the same financial 
 16.30  audits, audit procedures, and audit requirements as a district.  
 16.31  Audits must be conducted in compliance with generally accepted 
 16.32  governmental auditing standards, the Federal Single Audit Act, 
 16.33  if applicable, and section 6.65.  A charter school is subject to 
 16.34  and must comply with sections 15.054; 118A.01; 118A.02; 118A.03; 
 16.35  118A.04; 118A.05; 118A.06; 123B.52, subdivision 5; 471.38; 
 16.36  471.391; 471.392; 471.425; 471.87; 471.88, subdivisions 1, 2, 3, 
 17.1   4, 5, 6, 12, 13, and 15; 471.881; and 471.89.  The audit must 
 17.2   comply with the requirements of sections 123B.75 to 123B.83, 
 17.3   except to the extent deviations are necessary because of the 
 17.4   program at the school.  Deviations must be approved by the 
 17.5   commissioner.  The department of children, families, and 
 17.6   learning education, state auditor, or legislative auditor may 
 17.7   conduct financial, program, or compliance audits.  A charter 
 17.8   school determined to be in statutory operating debt under 
 17.9   sections 123B.81 to 123B.83 must submit a plan under section 
 17.10  123B.81, subdivision 4. 
 17.11     (j) A charter school is a district for the purposes of tort 
 17.12  liability under chapter 466. 
 17.13     (k) A charter school must comply with sections 13.32; 
 17.14  120A.22, subdivision 7; 121A.75; and 260B.171, subdivisions 3 
 17.15  and 5.  
 17.16     (l) A charter school where students participate in the 
 17.17  extracurricular activities of the student's resident school 
 17.18  district is subject to sections 123B.36, subdivision 1, 
 17.19  paragraph (b), clause (10), and 123B.49, subdivision 4, 
 17.20  paragraph (a). 
 17.21     [EFFECTIVE DATE.] This section is effective for the 
 17.22  2003-2004 school year and later. 
 17.23     Sec. 24.  Minnesota Statutes 2002, section 124D.128, 
 17.24  subdivision 3, is amended to read: 
 17.25     Subd. 3.  [STUDENT PLANNING.] A district must inform all 
 17.26  pupils and their parents about the learning year program and 
 17.27  that participation in the program is optional.  A continual 
 17.28  learning plan must be developed at least annually for each pupil 
 17.29  with the participation of the pupil, parent or guardian, 
 17.30  teachers, and other staff; each participant must sign and date 
 17.31  the plan.  The plan must specify the learning experiences that 
 17.32  must occur during the entire fiscal year and, for secondary 
 17.33  students, for graduation.  The plan must include:  
 17.34     (1) the pupil's learning objectives and experiences, 
 17.35  including courses or credits the pupil plans to complete each 
 17.36  year and, for a secondary pupil, the graduation requirements the 
 18.1   student must complete; 
 18.2      (2) the assessment measurements used to evaluate a pupil's 
 18.3   objectives; 
 18.4      (3) requirements for grade level or other appropriate 
 18.5   progression; and 
 18.6      (4) for pupils generating more than one average daily 
 18.7   membership in a given grade, an indication of which objectives 
 18.8   were unmet. 
 18.9   The plan may be modified to conform to district schedule 
 18.10  changes.  The district may not modify the plan if the 
 18.11  modification would result in delaying the student's time of 
 18.12  graduation.  
 18.13     [EFFECTIVE DATE.] This section is effective the day 
 18.14  following final enactment. 
 18.15     Sec. 25.  Minnesota Statutes 2002, section 127A.05, 
 18.16  subdivision 1, is amended to read: 
 18.17     Subdivision 1.  [APPOINTMENT AND DUTIES.] The department 
 18.18  shall be under the administrative control of the commissioner of 
 18.19  children, families, and learning education which office is 
 18.20  established.  The governor shall appoint the commissioner under 
 18.21  the provisions of section 15.06.  
 18.22     The commissioner shall be a person who possesses 
 18.23  educational attainment and breadth of experience in the 
 18.24  administration of public education and of the finances 
 18.25  pertaining thereto commensurate with the spirit and intent of 
 18.26  this code.  Notwithstanding any other law to the contrary, the 
 18.27  commissioner may appoint two deputy commissioners who shall 
 18.28  serve in the unclassified service.  The commissioner shall also 
 18.29  appoint other employees as may be necessary for the organization 
 18.30  of the department.  The commissioner shall perform such duties 
 18.31  as the law and rules may provide and be held responsible for the 
 18.32  efficient administration and discipline of the department.  The 
 18.33  commissioner is charged with the execution of powers and duties 
 18.34  to promote public education in the state and to safeguard the 
 18.35  finances pertaining thereto. 
 18.36     Sec. 26.  Minnesota Statutes 2002, section 127A.05, 
 19.1   subdivision 3, is amended to read: 
 19.2      Subd. 3.  [GENERAL SUPERVISION OVER PUBLIC SCHOOLS AND 
 19.3   EDUCATIONAL AGENCIES.] The commissioner of children, families, 
 19.4   and learning education shall adopt goals for and exercise 
 19.5   general supervision over public schools and public educational 
 19.6   agencies in the state, classify and standardize public 
 19.7   elementary and secondary schools, and prepare for them outlines 
 19.8   and suggested courses of study.  The commissioner shall develop 
 19.9   a plan to attain the adopted goals.  The commissioner may 
 19.10  recognize educational accrediting agencies for the sole purposes 
 19.11  of sections 120A.22, 120A.24, and 120A.26. 
 19.12     Sec. 27.  Minnesota Statutes 2002, section 169.28, 
 19.13  subdivision 1, is amended to read: 
 19.14     Subdivision 1.  [STOP REQUIRED.] (a) The driver of any 
 19.15  motor vehicle carrying passengers for hire, or of any school bus 
 19.16  whether carrying passengers or not, or of any Head Start bus 
 19.17  whether carrying passengers or not, or of any vehicle that is 
 19.18  required to stop at railroad grade crossings under Code of 
 19.19  Federal Regulations, title 49, section 392.10, before crossing 
 19.20  at grade any track or tracks of a railroad, shall stop the 
 19.21  vehicle not less than 15 feet nor more than 50 feet from the 
 19.22  nearest rail of the railroad and while so stopped shall listen 
 19.23  and look in both directions along the track for any approaching 
 19.24  train, and for signals indicating the approach of a train, 
 19.25  except as hereinafter provided, and shall not proceed until safe 
 19.26  to do so.  The driver must not shift gears while crossing the 
 19.27  railroad tracks.  
 19.28     (b) A school bus or Head Start bus shall not be flagged 
 19.29  across railroad grade crossings except at those railroad grade 
 19.30  crossings that the local school administrative officer may 
 19.31  designate. 
 19.32     (c) A type III school bus, as defined in section 169.01, is 
 19.33  exempt from the requirement of school buses to stop at railroad 
 19.34  grade crossings. 
 19.35     Sec. 28.  Minnesota Statutes 2002, section 169.4503, 
 19.36  subdivision 4, is amended to read: 
 20.1      Subd. 4.  [CERTIFICATION.] A body manufacturer, school bus 
 20.2   dealer, or certified Minnesota commercial vehicle inspector who 
 20.3   is also an employee of an organization purchasing a school bus 
 20.4   shall certify to the department of public safety that the 
 20.5   product meets Minnesota standards. 
 20.6      Sec. 29.  Minnesota Statutes 2002, section 169.454, 
 20.7   subdivision 6, is amended to read: 
 20.8      Subd. 6.  [IDENTIFICATION.] (a) The vehicle must not have 
 20.9   the words "school bus" in any location on the exterior of the 
 20.10  vehicle, or in any interior location visible to a motorist. 
 20.11     (b) The vehicle must display to the rear of the vehicle 
 20.12  this sign:  "VEHICLE STOPS AT RR CROSSINGS." 
 20.13     (c) The lettering (except for "AT," which may be one inch 
 20.14  smaller) must be a minimum two-inch "Series D" as specified in 
 20.15  standard alphabets for highway signs as specified by the Federal 
 20.16  Highway Administration.  The printing must be in a color giving 
 20.17  a marked contrast with that of the part of the vehicle on which 
 20.18  it is placed. 
 20.19     (d) The sign must have provisions for being covered, or be 
 20.20  of a removable or fold-down type. 
 20.21     Sec. 30.  Minnesota Statutes 2002, section 171.321, 
 20.22  subdivision 5, is amended to read: 
 20.23     Subd. 5.  [ANNUAL EVALUATION AND LICENSE VERIFICATION.] (a) 
 20.24  A school district's pupil transportation safety director, the 
 20.25  chief administrator of a nonpublic school, or a private 
 20.26  contractor shall certify annually to the school board or 
 20.27  governing board of a nonpublic school that, at minimum, each 
 20.28  school bus driver meets the school bus driver training 
 20.29  competencies under subdivision 4.  A school district, nonpublic 
 20.30  school, or private contractor also shall provide in-service 
 20.31  training annually to each school bus driver.  
 20.32     (b) A school district, nonpublic school, or private 
 20.33  contractor shall annually verify the validity of the driver's 
 20.34  license of each person who transports students for the district 
 20.35  with the National Drivers Register or with the department of 
 20.36  public safety. 
 21.1      Sec. 31.  [PILOT PROJECT TO EVALUATE PARENT INVOLVEMENT 
 21.2   POLICIES AND STRATEGIES.] 
 21.3      Subdivision 1.  [DISTRICT AND SCHOOL SITE POLICY 
 21.4   EVALUATION.] A school board may elect to participate in a 
 21.5   two-year pilot project to evaluate parent involvement policies 
 21.6   and strategies in the district and in school sites with the goal 
 21.7   of improving the academic achievement of all students within the 
 21.8   district, including at-risk students.  Participating districts 
 21.9   and school sites must establish parent involvement review 
 21.10  committees consistent with subdivision 2 and may adapt the 
 21.11  parent involvement policy and process described in United States 
 21.12  Code, title 20, section 6319, for purposes consistent with this 
 21.13  project. 
 21.14     Subd. 2.  [PARENT INVOLVEMENT REVIEW COMMITTEES.] A school 
 21.15  board electing to participate and interested school sites within 
 21.16  that district must establish a parent involvement review 
 21.17  committee or expand the purview of an existing committee 
 21.18  composed of a majority of parents.  The committees must evaluate 
 21.19  the effectiveness of district and school site programs and 
 21.20  strategies intended to provide all parents with meaningful 
 21.21  opportunities to participate in the process of educating 
 21.22  students.  The committees, among other things, may evaluate the 
 21.23  operation of the instruction and curriculum advisory committee 
 21.24  or building team under Minnesota Statutes, section 120B.11, or 
 21.25  parent involvement programs developed under Minnesota Statutes, 
 21.26  section 124D.895.  A majority of committee members must be 
 21.27  parents of students enrolled in the district or school site, if 
 21.28  applicable.  The committee also must include teachers employed 
 21.29  by the district and who teach at a school site, if applicable.  
 21.30  A district must assist participating school sites at the request 
 21.31  of the school site. 
 21.32     Subd. 3.  [NOTICE OF PARTICIPATION; NOTICE TO PARENTS.] (a) 
 21.33  A school board electing to participate under this section must 
 21.34  notify the commissioner of education of its participation and 
 21.35  the participation of interested school sites on a form supplied 
 21.36  by the commissioner.  The commissioner may assist participating 
 22.1   districts and school sites at the request of the district or 
 22.2   school site. 
 22.3      (b) Participating school districts must transmit timely 
 22.4   effective notice of this project to parent organizations 
 22.5   throughout the district and to parents of children enrolled in 
 22.6   district schools.  
 22.7      Subd. 4.  [REPORT.] Participating districts and school 
 22.8   sites must report the findings of the evaluation and related 
 22.9   recommendations annually by March 1 to the school board, which 
 22.10  shall transmit a summary of the findings and recommendations to 
 22.11  the commissioner.  Information the commissioner receives under 
 22.12  this subdivision may be used to modify guidelines and model 
 22.13  plans for parent involvement programs under Minnesota Statutes, 
 22.14  section 124D.895.  
 22.15     [EFFECTIVE DATE.] This section is effective the day 
 22.16  following final enactment and applies to the 2003-2004 and 
 22.17  2004-2005 school years. 
 22.18     Sec. 32.  [REVISOR INSTRUCTION.] 
 22.19     (a) In Minnesota Statutes, the revisor of statutes shall 
 22.20  renumber section 119A.02, subdivision 2, as 120A.02, paragraph 
 22.21  (a), and section 120A.02 as 120A.02, paragraph (b). 
 22.22     (b) In Minnesota Statutes and Minnesota Rules, the revisor 
 22.23  shall change the term "children, families, and learning" to 
 22.24  "education." 
 22.25     (c) The revisor shall codify Laws 2001, First Special 
 22.26  Session chapter 6, article 2, section 68, as Minnesota Statutes, 
 22.27  section 120B.305. 
 22.28     Sec. 33.  [REPEALER.] 
 22.29     Minnesota Statutes 2002, sections 119A.01, subdivision 1; 
 22.30  123B.90, subdivision 1; and 169.441, subdivision 4, are repealed.