as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 05/15/2003 |
1.1 A bill for an act 1.2 relating to early childhood; providing for family and 1.3 kindergarten through grade 12 education including 1.4 general education, education excellence, special 1.5 programs, facilities and technology, nutrition, 1.6 libraries, early family childhood support, prevention, 1.7 self-sufficiency and life-long learning, state 1.8 agencies, deficiencies, education policy initiatives; 1.9 proposing an amendment to the Minnesota Constitution, 1.10 article XIII, section 1; appropriating money; amending 1.11 Minnesota Statutes 2002, sections 15.01; 62A.661, 1.12 subdivision 6; 119A.01, subdivision 2; 119A.02, 1.13 subdivisions 2, 3; 119B.011, subdivisions 8, 10; 1.14 120A.02; 120A.05, subdivisions 4, 7; 120A.41; 120B.35, 1.15 by adding a subdivision; 121A.03, subdivisions 2, 3, 1.16 by adding a subdivision; 121A.55; 121A.61, subdivision 1.17 3; 122A.09, subdivision 4; 123B.143, subdivision 1; 1.18 123B.90, subdivisions 2, 3; 123B.91, subdivision 1; 1.19 124D.081, subdivision 3; 124D.09, subdivisions 4, 5, 1.20 7, 8, 9; 124D.10, subdivision 20; 124D.135, 1.21 subdivision 1; 126C.10, subdivisions 1, 4, by adding 1.22 subdivisions; 126C.457; 127A.05, subdivisions 1, 3; 1.23 169.28, subdivision 1; 169.4503, subdivision 4; 1.24 169.454, subdivision 6; 171.321, subdivision 5; 1.25 626.8451, subdivision 1a; proposing coding for new law 1.26 in Minnesota Statutes, chapters 120B; 121A; 122A; 1.27 125A; 174; repealing Minnesota Statutes 2002, sections 1.28 119A.01, subdivision 1; 123B.90, subdivision 1; 1.29 169.441, subdivision 4. 1.30 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.31 ARTICLE 1 1.32 GENERAL EDUCATION 1.33 Section 1. Minnesota Statutes 2002, section 126C.10, 1.34 subdivision 1, is amended to read: 1.35 Subdivision 1. [GENERAL EDUCATION REVENUE.] (a)For fiscal1.36year 2002, the general education revenue for each district1.37equals the sum of the district's basic revenue, basic skills2.1revenue, training and experience revenue, secondary sparsity2.2revenue, elementary sparsity revenue, transportation sparsity2.3revenue, total operating capital revenue, equity revenue,2.4transition revenue, and supplemental revenue.2.5(b)For fiscal year 2003and later, the general education 2.6 revenue for each district equals the sum of the district's basic 2.7 revenue, basic skills revenue, training and experience revenue, 2.8 secondary sparsity revenue, elementary sparsity revenue, 2.9 transportation sparsity revenue, total operating capital 2.10 revenue, and equity revenue. 2.11 (b) For fiscal year 2004 and later, the general education 2.12 revenue for each district equals the sum of the district's basic 2.13 revenue, gifted and talented revenue, alternative compensation 2.14 revenue, basic skills revenue, secondary sparsity revenue, 2.15 elementary sparsity revenue, transportation sparsity revenue, 2.16 small school sustainability revenue, total operating capital 2.17 revenue, equity revenue, and transition revenue. 2.18 Sec. 2. Minnesota Statutes 2002, section 126C.10, is 2.19 amended by adding a subdivision to read: 2.20 Subd. 2a. [GIFTED AND TALENTED REVENUE.] Gifted and 2.21 talented revenue for each district equals $10 times the 2.22 district's adjusted marginal cost pupil units. A school 2.23 district must reserve gifted and talented revenue and must spend 2.24 the revenue only to: 2.25 (1) identify gifted and talented students; 2.26 (2) provide educational programming for gifted and talented 2.27 students; or 2.28 (3) provide staff development to aid in the teaching of 2.29 gifted and talented students. 2.30 [EFFECTIVE DATE.] This section is effective for revenue for 2.31 fiscal year 2004. 2.32 Sec. 3. Minnesota Statutes 2002, section 126C.10, is 2.33 amended by adding a subdivision to read: 2.34 Subd. 2b. [ALTERNATIVE COMPENSATION REVENUE.] Beginning in 2.35 fiscal year 2005, a school district that meets the conditions of 2.36 section 122A.414 is eligible for alternative compensation aid. 3.1 A district's aid amount equals the amount computed under section 3.2 122A.415 less any amounts received for this program under any 3.3 other law. 3.4 Sec. 4. Minnesota Statutes 2002, section 126C.10, is 3.5 amended by adding a subdivision to read: 3.6 Subd. 3a. [ENROLLMENT OPTIONS COMPENSATORY REVENUE.] For a 3.7 pupil eligible for free or reduced price meals, a nonresident 3.8 pupil's enrollment options compensatory revenue equals the 3.9 greater of zero, or the difference between the average 3.10 compensatory revenue per adjusted marginal cost pupil unit in 3.11 the pupil's resident school district and the pupil's serving 3.12 school district for that school year. A school district's 3.13 enrollment options compensatory revenue equals the sum of its 3.14 nonresident pupils' enrollment options compensatory revenue. 3.15 [EFFECTIVE DATE.] This section is effective for revenue for 3.16 fiscal year 2004. 3.17 Sec. 5. Minnesota Statutes 2002, section 126C.10, 3.18 subdivision 4, is amended to read: 3.19 Subd. 4. [BASIC SKILLS REVENUE.](a) For fiscal year 2002,3.20a school district's basic skills revenue equals the sum of:3.21(1) compensatory revenue under subdivision 3; plus3.22(2) limited English proficiency revenue according to3.23section 124D.65, subdivision 5; plus3.24(3) $190 times the limited English proficiency pupil units3.25according to section 126C.05, subdivision 17; plus3.26(4) $22.50 times the number of adjusted marginal cost pupil3.27units in kindergarten to grade 8.3.28(b) For fiscal year 2003 and later,A school district's 3.29 basic skills revenue equals the sum of: 3.30 (1) compensatory revenue undersubdivisionsubdivisions 3 3.31 and 3a; plus 3.32 (2) limited English proficiency revenue under section 3.33 124D.65, subdivision 5; plus 3.34 (3) $190 times the limited English proficiency pupil units 3.35 under section 126C.05, subdivision 17. 3.36 [EFFECTIVE DATE.] This section is effective for revenue for 4.1 fiscal year 2004. 4.2 Sec. 6. Minnesota Statutes 2002, section 126C.10, is 4.3 amended by adding a subdivision to read: 4.4 Subd. 18a. [SMALL SCHOOL SUSTAINABILITY REVENUE.] (a) A 4.5 school district's small school sustainability revenue equals 4.6 one-half of its transportation sparsity revenue computed under 4.7 subdivision 18. 4.8 (b) Small school sustainability revenue must be reserved 4.9 and may only be used for: 4.10 (1) efforts related to attracting and retaining teachers of 4.11 quality; 4.12 (2) technology improvements, including Internet access, 4.13 hardware and software improvements, and interactive television 4.14 opportunities; 4.15 (3) deferred maintenance and facilities repair; 4.16 (4) curriculum enhancements; and 4.17 (5) collaborative activities with other school districts. 4.18 [EFFECTIVE DATE.] This section is effective for revenue for 4.19 fiscal year 2005. 4.20 Sec. 7. Minnesota Statutes 2002, section 126C.457, is 4.21 amended to read: 4.22 126C.457 [CAREER AND TECHNICALLEVYAID.] 4.23For taxes payable in 2003 only,Career and technical aid 4.24 for a school districtmay levy an amount equal toequals the 4.25 greater of (1) $10,000, or (2) the district's fiscal year 2001 4.26 entitlement for career and technical aid under section 4.27 124D.453.The district must recognize the full amount of this4.28levy as revenue for the fiscal year in which it is certified.4.29 Revenue received under this section must be reserved and used 4.30 only for career and technical programs. 4.31 [EFFECTIVE DATE.] This section is effective for revenue for 4.32 fiscal year 2004. 4.33 Sec. 8. [APPROPRIATIONS.] 4.34 Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums 4.35 indicated in this section are appropriated from the general fund 4.36 to the department of education for the fiscal years designated. 5.1 Subd. 2. [GENERAL EDUCATION AID.] For general education 5.2 aid under Minnesota Statutes, section 126C.13, subdivision 4: 5.3 $5,325,308,000 ..... 2004 5.4 $5,225,208,000 ..... 2005 5.5 The 2004 appropriation includes $857,432,000 for 2003 and 5.6 $4,351,435,000 for 2004. 5.7 The 2005 appropriation includes $889,209,000 for 2004 and 5.8 $4,444,999,000 for 2005. 5.9 Subd. 3. [REFERENDUM TAX BASE REPLACEMENT AID.] For 5.10 referendum tax base replacement aid under Minnesota Statutes, 5.11 section 126C.17, subdivision 7a: 5.12 $8,082,000 ..... 2004 5.13 $7,966,000 ..... 2005 5.14 The 2004 appropriation includes $1,419,000 for 2003 and 5.15 $6,663,000 for 2004. 5.16 The 2005 appropriation includes $1,364,000 for 2004 and 5.17 $6,602,000 for 2005. 5.18 Subd. 4. [ENROLLMENT OPTIONS TRANSPORTATION.] For 5.19 transportation of pupils attending postsecondary institutions 5.20 under Minnesota Statutes, section 124D.09, or for transportation 5.21 of pupils attending nonresident districts under Minnesota 5.22 Statutes, section 124D.03: 5.23 $50,000 ..... 2004 5.24 $55,000 ..... 2005 5.25 Subd. 5. [ABATEMENT REVENUE.] For abatement aid under 5.26 Minnesota Statutes, section 127A.49: 5.27 $2,762,000 ..... 2004 5.28 $2,945,000 ..... 2005 5.29 The 2004 appropriation includes $472,000 for 2003 and 5.30 $2,290,000 for 2004. 5.31 The 2005 appropriation includes $469,000 for 2004 and 5.32 $2,476,000 for 2005. 5.33 Subd. 6. [CONSOLIDATION TRANSITION.] For districts 5.34 consolidating under Minnesota Statutes, section 123A.485: 5.35 $213,000 ..... 2004 5.36 $620,000 ..... 2005 6.1 The 2004 appropriation includes $35,000 for 2003 and 6.2 $178,000 for 2004. 6.3 The 2005 appropriation includes $36,000 for 2004 and 6.4 $584,000 for 2005. 6.5 Subd. 7. [TORNADO IMPACT; YELLOW MEDICINE EAST.] For a 6.6 grant to independent school district No. 2190, Yellow Medicine 6.7 East, for tornado impact declining enrollment aid: 6.8 $78,000 ..... 2004 6.9 $39,000 ..... 2005 6.10 Subd. 8. [DECLINING PUPIL AID; ALBERT LEA.] For declining 6.11 pupil aid to independent school district No. 241, Albert Lea: 6.12 $225,000 ..... 2004 6.13 $150,000 ..... 2005 6.14 Subd. 9. [DECLINING PUPIL AID; MESABI EAST.] For declining 6.15 pupil aid to independent school district No. 2711, Mesabi East: 6.16 $150,000 ..... 2004 6.17 $100,000 ..... 2005 6.18 Subd. 10. [DECLINING PUPIL AID; ROSEAU.] For declining 6.19 pupil aid to independent school district No. 682, Roseau: 6.20 $30,000 ..... 2004 6.21 $20,000 ..... 2005 6.22 Subd. 11. [NONPUBLIC PUPIL AID.] For nonpublic pupil 6.23 education aid under Minnesota Statutes, sections 123B.40 to 6.24 123B.43 and 123B.87: 6.25 $15,507,000 ..... 2004 6.26 $15,709,000 ..... 2005 6.27 The 2004 appropriation includes $2,715,000 for 2003 and 6.28 $12,358,000 for 2004. 6.29 The 2005 appropriation includes $2,530,000 for 2004 and 6.30 $13,090,000 for 2005. 6.31 Subd. 12. [NONPUBLIC PUPIL TRANSPORTATION.] For nonpublic 6.32 pupil transportation aid under Minnesota Statutes, section 6.33 123B.92, subdivision 9: 6.34 $23,931,000 ..... 2004 6.35 $22,355,000 ..... 2005 6.36 The 2004 appropriation includes $3,990,000 for 2003 and 7.1 $19,941,000 for 2004. 7.2 The 2005 appropriation includes $3,715,000 for 2004 and 7.3 $18,640,000 for 2005. 7.4 Subd. 13. [CAREER AND TECHNICAL AID.] For career and 7.5 technical aid: 7.6 $12,700,000 ..... 2004 7.7 $12,700,000 ..... 2005 7.8 Subd. 14. [RICHFIELD AIRPORT IMPACT AID.] For Richfield 7.9 airport impact aid: 7.10 $1,180,000 ..... 2004 7.11 $1,421,000 ..... 2005 7.12 ARTICLE 2 7.13 EDUCATION EXCELLENCE 7.14 Section 1. [122A.67] [GRANT PROGRAM TO PROMOTE 7.15 PROFESSIONAL TEACHING STANDARDS.] 7.16 Subdivision 1. [ESTABLISHMENT.] A grant program to promote 7.17 professional teaching standards through the national board for 7.18 professional teaching standards is established to provide 7.19 eligible teachers with the opportunity to receive national board 7.20 for professional teaching standards certification and to reward 7.21 teachers who have already received such certification. 7.22 Subd. 2. [ELIGIBILITY.] An applicant for a grant must be a 7.23 licensed kindergarten through grade 12 school teacher employed 7.24 in a state school. To be eligible for a grant, the teacher must 7.25 have been employed as a teacher for a minimum of five school 7.26 years and demonstrate either that the national board for 7.27 professional teaching standards has accepted the teacher as a 7.28 candidate for board certification or that the teacher already 7.29 has received board certification. 7.30 Subd. 3. [APPLICATION PROCESS.] To obtain a grant to 7.31 participate in the national board for professional teaching 7.32 standards certification process or to receive a reward for 7.33 already completing the board certification process, a teacher 7.34 must submit an application to the commissioner of children, 7.35 families, and learning in the form and manner the commissioner 7.36 establishes. The applicant must demonstrate either that the 8.1 national board for professional teaching standards has accepted 8.2 the teacher as a candidate for board certification or that the 8.3 teacher already has received board certification. The 8.4 commissioner shall consult with the state board of teaching when 8.5 reviewing the applications. 8.6 Subd. 4. [GRANT AWARDS; PROCEEDS.] (a) The commissioner 8.7 may award matching grants of $1,000 each for eligible teachers 8.8 who provide a matching amount through collaboration with either 8.9 a school district, professional organization, or both and are 8.10 accepted as candidates for national board for professional 8.11 teaching standards certification. The grant award shall be paid 8.12 to the national board for professional teaching standards in the 8.13 teacher's name. Within 24 months of receiving certification, a 8.14 grant recipient must satisfactorily complete the certification 8.15 process or repay the state the amount of the grant, except if 8.16 the commissioner determines that death or disability prevents 8.17 the grant recipient from providing the one year of teaching 8.18 service. 8.19 (b) The commissioner may award grants to eligible teachers 8.20 who have earned national board for professional teaching 8.21 standards certification on or after November 1, 2001. The 8.22 amount of each grant shall not exceed $2,500 and the 8.23 commissioner shall establish criteria to determine the actual 8.24 amount of each grant. Grant recipients shall use the grant 8.25 proceeds for educational purposes, including purchasing 8.26 instructional materials, equipment, or supplies and realizing 8.27 professional development opportunities. 8.28 Subd. 5. [REGIONAL COORDINATORS.] The state shall provide 8.29 the equivalent of four full-time regional coordinators with two 8.30 located in the seven-county metropolitan area and two located in 8.31 greater Minnesota. $25,000 per year, for the first two years 8.32 only, shall be provided to cover expenses of the regional 8.33 coordinators including, but not limited to, travel, meetings, 8.34 web page maintenance, and cost related to supporting candidate's 8.35 expenses. After the first two years, individual school 8.36 districts must negotiate with the exclusive representative of 9.1 the teachers in the district for coordinator positions. 9.2 Sec. 2. Minnesota Statutes 2002, section 124D.081, 9.3 subdivision 3, is amended to read: 9.4 Subd. 3. [QUALIFYING SCHOOL SITE.] (a) The commissioner 9.5 shall rank all school sites with kindergarten programs that do 9.6 not exclusively serve students under sections 125A.03 to 9.7 125A.24, and 125A.65. The ranking must be from highest to 9.8 lowest based on the site's free and reduced lunch count as a 9.9 percent of the fall enrollment using the preceding October 1 9.10 enrollment data. Once a school site is calculated to be 9.11 eligible, it remains eligible for the duration of thepilot9.12 program, unless the site's ranking falls below the state average9.13for elementary schools. For each school site, the percentage 9.14 used to calculate the ranking must be the greater of (1) the 9.15 percent of the fall kindergarten enrollment receiving free and 9.16 reduced lunch, or (2) the percent of the total fall enrollment 9.17 receiving free and reduced lunch. The list of ranked sites must 9.18 be separated into the following geographic areas: Minneapolis 9.19 district, St. Paul district, suburban Twin Cities districts in 9.20 the seven-county metropolitan area, and school districts in 9.21 greater Minnesota. 9.22 (b) The commissioner shall establish a process and 9.23 timelines to qualify school sites for the next school year. 9.24School sites must be qualified in each geographic area from the9.25list of ranked sites until the estimated revenue available for9.26this program has been allocated. The total estimated revenue9.27must be distributed to qualified school sites in each geographic9.28area as follows: 25 percent for Minneapolis sites, 25 percent9.29for St. Paul sites, 25 percent for suburban Twin Cities sites,9.30and 25 percent for greater Minnesota.9.31 (c) School sites qualify according to the following 9.32 schedule: 9.33 (1) for fiscal year 2005, all school sites located in 9.34 Minneapolis, St. Paul, and greater Minnesota with more than 50 9.35 percent of their enrollment eligible for free and reduced-price 9.36 lunch qualify for revenue and all suburban school sites located 10.1 in districts with administrative offices in the seven-county 10.2 metropolitan area with more than 25 percent of their enrollment 10.3 eligible for free and reduced-price lunch qualify for revenue; 10.4 (2) for fiscal year 2006, all school sites located in 10.5 Minneapolis, St. Paul, and greater Minnesota with more than 40 10.6 percent of their enrollment eligible for free and reduced-price 10.7 lunch qualify for revenue and all suburban school sites located 10.8 in districts with administrative offices in the seven-county 10.9 metropolitan area with more than 20 percent of their enrollment 10.10 eligible for free and reduced-price lunch qualify for revenue; 10.11 (3) for fiscal year 2007, all school sites located in 10.12 Minneapolis, St. Paul, and greater Minnesota with more than 30 10.13 percent of their enrollment eligible for free and reduced-price 10.14 lunch qualify for revenue and all suburban school sites located 10.15 in districts with administrative offices in the seven-county 10.16 metropolitan area with more than 15 percent of their enrollment 10.17 eligible for free and reduced-price lunch qualify for revenue; 10.18 (4) for fiscal year 2008, all school sites located in 10.19 Minneapolis, St. Paul, and greater Minnesota with more than 20 10.20 percent of their enrollment eligible for free and reduced-price 10.21 lunch qualify for revenue and all suburban school sites located 10.22 in districts with administrative offices in the seven-county 10.23 metropolitan area with more than ten percent of their enrollment 10.24 eligible for free and reduced-price lunch qualify for revenue; 10.25 (5) for fiscal year 2009, all school sites located in 10.26 Minneapolis, St. Paul, and greater Minnesota with more than ten 10.27 percent of their enrollment eligible for free and reduced-price 10.28 lunch qualify for revenue and all suburban school sites located 10.29 in districts with administrative offices in the seven-county 10.30 metropolitan area with more than five percent of their 10.31 enrollment eligible for free and reduced-price lunch qualify for 10.32 revenue; and 10.33 (6) for fiscal years 2010, and later, all school sites 10.34 qualify for revenue. 10.35 [EFFECTIVE DATE.] This section is effective for revenue for 10.36 fiscal year 2005. 11.1 Sec. 3. [APPROPRIATIONS.] 11.2 Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums 11.3 indicated in this section are appropriated from the general fund 11.4 to the department of education for the fiscal years designated. 11.5 Subd. 2. [CHARTER SCHOOL BUILDING LEASE AID.] For building 11.6 lease aid under Minnesota Statutes, section 124D.11, subdivision 11.7 4: 11.8 $18,077,000 ..... 2004 11.9 $22,080,000 ..... 2005 11.10 The 2004 appropriation includes $2,524,000 for 2003 and 11.11 $15,553,000 for 2004. 11.12 The 2005 appropriation includes $3,185,000 for 2004 and 11.13 $18,895,000 for 2005. 11.14 Subd. 3. [CHARTER SCHOOL START-UP AID.] For charter school 11.15 startup cost aid under Minnesota Statutes, section 124D.11: 11.16 $1,705,000 ..... 2004 11.17 $2,281,000 ..... 2005 11.18 The 2004 appropriation includes $220,000 for 2003 and 11.19 $1,485,000 for 2004. 11.20 The 2005 appropriation includes $303,000 for 2004 and 11.21 $1,978,000 for 2005. 11.22 Subd. 4. [CHARTER SCHOOL INTEGRATION GRANTS.] For grants 11.23 to charter schools to promote integration and desegregation 11.24 under Minnesota Statutes, section 124D.11, subdivision 6, 11.25 paragraph (e): 11.26 $50,000 ..... 2004 11.27 $50,000 ..... 2005 11.28 This appropriation includes $8,000 for 2003 and $42,000 for 11.29 2004. 11.30 This appropriation includes $8,000 for 2004 and $42,000 for 11.31 2005. 11.32 Subd. 5. [INTEGRATION AID.] For integration aid under 11.33 Minnesota Statutes, section 124D.86, subdivision 5: 11.34 $61,603,000 ..... 2004 11.35 $59,226,000 ..... 2005 11.36 The 2004 appropriation includes $8,428,000 for 2003 and 12.1 $53,175,000 for 2004. 12.2 The 2005 appropriation includes $10,891,000 for 2004 and 12.3 $48,335,000 for 2005. 12.4 Subd. 6. [INTEGRATION PROGRAMS.] For minority fellowship 12.5 grants under Laws 1994, chapter 647, article 8, section 29; 12.6 minority teacher incentives under Minnesota Statutes, section 12.7 122A.65; teachers of color program grants under Minnesota 12.8 Statutes, section 122A.64; and cultural exchange grants under 12.9 Minnesota Statutes, section 124D.89: 12.10 $1,000,000 ..... 2004 12.11 $1,000,000 ..... 2005 12.12 In awarding teachers of color program grants, the 12.13 commissioner must give priority to districts that have students 12.14 who are in the process of currently completing their academic 12.15 program. 12.16 Any balance in the first year does not cancel but is 12.17 available in the second year. 12.18 Subd. 7. [MAGNET SCHOOL GRANTS.] For magnet school and 12.19 program grants: 12.20 $750,000 ..... 2004 12.21 $750,000 ..... 2005 12.22 These amounts may be used for magnet school programs under 12.23 Minnesota Statutes, section 124D.88. 12.24 Subd. 8. [MAGNET SCHOOL START-UP AID.] For magnet school 12.25 startup aid under Minnesota Statutes, section 124D.88: 12.26 $ 37,000 ..... 2004 12.27 $471,000 ..... 2005 12.28 The 2004 appropriation includes $37,000 for 2003 and $0 for 12.29 2004. 12.30 The 2005 appropriation includes $0 for 2004 and $471,000 12.31 for 2005. 12.32 Subd. 9. [INTERDISTRICT DESEGREGATION OR INTEGRATION 12.33 TRANSPORTATION GRANTS.] For interdistrict desegregation or 12.34 integration transportation grants under Minnesota Statutes, 12.35 section 124D.87: 12.36 $5,796,000 ..... 2004 13.1 $8,401,000 ..... 2005 13.2 Subd. 10. [SUCCESS FOR THE FUTURE.] For American Indian 13.3 success for the future grants under Minnesota Statutes, section 13.4 124D.81: 13.5 $2,137,000 ..... 2004 13.6 $2,137,000 ..... 2005 13.7 The 2004 appropriation includes $363,000 for 2003 and 13.8 $1,774,000 for 2004. 13.9 The 2005 appropriation includes $363,000 for 2004 and 13.10 $1,774,000 for 2005. 13.11 Subd. 11. [AMERICAN INDIAN SCHOLARSHIPS.] For American 13.12 Indian scholarships under Minnesota Statutes, section 124D.84: 13.13 $1,875,000 ..... 2004 13.14 $1,875,000 ..... 2005 13.15 Subd. 12. [AMERICAN INDIAN TEACHER PREPARATION 13.16 GRANTS.] For joint grants to assist American Indian people to 13.17 become teachers under Minnesota Statutes, section 122A.63: 13.18 $190,000 ..... 2004 13.19 $190,000 ..... 2005 13.20 Subd. 13. [TRIBAL CONTRACT SCHOOLS.] For tribal contract 13.21 school aid under Minnesota Statutes, section 124D.83: 13.22 $2,204,000 ..... 2004 13.23 $2,337,000 ..... 2005 13.24 The 2004 appropriation includes $285,000 for 2003 and 13.25 $1,919,000 for 2004. 13.26 The 2005 appropriation includes $393,000 for 2004 and 13.27 $1,944,000 for 2005. 13.28 Subd. 14. [EARLY CHILDHOOD PROGRAMS AT TRIBAL 13.29 SCHOOLS.] For early childhood family education programs at 13.30 tribal contract schools under Minnesota Statutes, section 13.31 124D.83, subdivision 4: 13.32 $68,000 ..... 2004 13.33 $68,000 ..... 2005 13.34 Subd. 15. [STATEWIDE TESTING SUPPORT.] For supporting 13.35 implementation of the graduation standards: 13.36 $6,500,000 ..... 2004 14.1 $6,500,000 ..... 2005 14.2 Subd. 16. [SEVENTH GRADE TESTING.] For seventh grade 14.3 testing under Minnesota Statutes, section 120B.30: 14.4 $2,500,000 ..... 2004 14.5 $2,500,000 ..... 2005 14.6 Subd. 17. [BEST PRACTICES SEMINARS.] For best practices 14.7 seminars and other professional development capacity building 14.8 activities that assure proficiency in teaching and 14.9 implementation of graduation rule standards: 14.10 $2,180,000 ..... 2004 14.11 $2,180,000 ..... 2005 14.12 $250,000 per year is for a grant to A Chance to Grow/New 14.13 Visions for the Minnesota learning resource center's 14.14 comprehensive training program for education professionals 14.15 charged with helping children acquire basic reading and math 14.16 skills. 14.17 Subd. 18. [SCHOOL PERFORMANCE EVALUATION.] For evaluating 14.18 school performance under Laws 2001, First Special Session 14.19 chapter 6, article 2, section 64: 14.20 $1,500,000 ..... 2004 14.21 This appropriation is available until June 30, 2005. This 14.22 is a onetime appropriation. 14.23 Subd. 19. [ALTERNATIVE TEACHER COMPENSATION.] For 14.24 alternative teacher compensation established under Minnesota 14.25 Statutes, sections 122A.413 to 122A.415: 14.26 $3,700,000 ..... 2004 14.27 $3,700,000 ..... 2005 14.28 If the appropriations under this subdivision are 14.29 insufficient to fund all program participants, a participant may 14.30 receive less than the maximum per pupil amount available under 14.31 Minnesota Statutes, section 122A.415, subdivision 1. 14.32 Subd. 20. [EXAMINATION FEES; TEACHER TRAINING AND SUPPORT 14.33 PROGRAMS.] (a) For students' advanced placement and 14.34 international baccalaureate examination fees under Minnesota 14.35 Statutes, section 120B.13, subdivision 3, and the training and 14.36 related costs for teachers and other interested educators under 15.1 Minnesota Statutes, section 120B.13, subdivision 1: 15.2 $1,000,000 ..... 2004 15.3 $1,000,000 ..... 2005 15.4 (b) The advanced placement program shall receive 75 percent 15.5 of the appropriation each year and the international 15.6 baccalaureate program shall receive 25 percent of the 15.7 appropriation each year. The department, in consultation with 15.8 representatives of the advanced placement and international 15.9 baccalaureate programs selected by the advanced placement 15.10 advisory council and IBMN, respectively, shall determine the 15.11 amounts of the expenditures each year for examination fees and 15.12 training and support programs for each program. 15.13 (c) Notwithstanding Minnesota Statutes, section 120B.13, 15.14 subdivision 1, $375,000 each year is for teachers to attend 15.15 subject matter summer training programs and follow-up support 15.16 workshops approved by the advanced placement or international 15.17 baccalaureate programs. The amount of the subsidy for each 15.18 teacher attending an advanced placement or international 15.19 baccalaureate summer training program or workshop shall be the 15.20 same. The commissioner shall determine the payment process and 15.21 the amount of the subsidy. 15.22 (d) The commissioner shall pay all examination fees for all 15.23 students of low-income families under Minnesota Statutes, 15.24 section 120B.13, subdivision 3, and to the extent of available 15.25 appropriations shall also pay examination fees for students 15.26 sitting for an advanced placement examination, international 15.27 baccalaureate examination, or both. 15.28 Any balance in the first year does not cancel but is 15.29 available in the second year. 15.30 Subd. 21. [FIRST GRADE PREPAREDNESS.] For first grade 15.31 preparedness grants under Minnesota Statutes, section 124D.081: 15.32 $7,250,000 ..... 2004 15.33 $57,250,000 ..... 2005 15.34 Subd. 22. [YOUTH WORKS PROGRAM.] For funding youth works 15.35 programs under Minnesota Statutes, sections 124D.37 to 124D.45: 15.36 $1,788,000 ..... 2004 16.1 $1,788,000 ..... 2005 16.2 Subd. 23. [STUDENT ORGANIZATIONS.] For student 16.3 organizations: 16.4 $625,000 ..... 2004 16.5 $625,000 ..... 2005 16.6 Subd. 24. [READING COMPETENCY.] For reading competency 16.7 grants under Minnesota Statutes, section 120B.12: 16.8 $100,000 ..... 2004 16.9 $100,000 ..... 2005 16.10 The commissioner must award one grant to the St. Croix 16.11 river education district by July 1, 2001. 16.12 Subd. 25. [NATIONAL BOARD OF PROFESSIONAL TEACHING 16.13 STANDARDS.] For grants to promote and reward high professional 16.14 teaching standards: 16.15 $612,500 ..... 2004 16.16 $612,500 ..... 2005 16.17 Of these amounts, $300,000 each year is for grants to 16.18 teachers applying for national board for professional teaching 16.19 standards certification, and $312,500 each year is for resource 16.20 grants. 16.21 ARTICLE 3 16.22 SPECIAL PROGRAMS 16.23 Section 1. [APPROPRIATIONS.] 16.24 Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums 16.25 indicated in this section are appropriated from the general fund 16.26 to the department of education for the fiscal years designated. 16.27 Subd. 2. [SPECIAL EDUCATION; REGULAR.] For special 16.28 education aid under Minnesota Statutes, section 125A.75: 16.29 $551,270,000 ..... 2004 16.30 $574,901,000 ..... 2005 16.31 The 2004 appropriation includes $90,577,000 for 2003 and 16.32 $460,693,000 for 2004. 16.33 The 2005 appropriation includes $94,358,000 for 2004 and 16.34 $480,543,000 for 2005. 16.35 Subd. 3. [AID FOR CHILDREN WITH DISABILITIES.] For aid 16.36 under Minnesota Statutes, section 125A.75, subdivision 3, for 17.1 children with disabilities placed in residential facilities 17.2 within the district boundaries for whom no district of residence 17.3 can be determined: 17.4 $2,177,000 ..... 2004 17.5 $2,244,000 ..... 2005 17.6 If the appropriation for either year is insufficient, the 17.7 appropriation for the other year is available. 17.8 Subd. 4. [TRAVEL FOR HOME-BASED SERVICES.] For aid for 17.9 teacher travel for home-based services under Minnesota Statutes, 17.10 section 125A.75, subdivision 1: 17.11 $227,000 ..... 2004 17.12 $262,000 ..... 2005 17.13 The 2004 appropriation includes $34,000 for 2003 and 17.14 $193,000 for 2004. 17.15 The 2005 appropriation includes $39,000 for 2004 and 17.16 $223,000 for 2005. 17.17 Subd. 5. [SPECIAL EDUCATION; EXCESS COSTS.] For excess 17.18 cost aid under Minnesota Statutes, section 125A.79, subdivision 17.19 7: 17.20 $94,512,000 ..... 2004 17.21 $94,861,000 ..... 2005 17.22 The 2004 appropriation includes $41,754,000 for 2003 and 17.23 $52,758,000 for 2004. 17.24 The 2005 appropriation includes $41,151,000 for 2004 and 17.25 $53,710,000 for 2005. 17.26 Subd. 6. [LITIGATION COSTS FOR SPECIAL EDUCATION.] For 17.27 paying the costs a district incurs under Minnesota Statutes, 17.28 section 125A.75, subdivision 8: 17.29 $346,000 ..... 2004 17.30 $356,000 ..... 2005 17.31 Subd. 7. [TRANSITION FOR DISABLED STUDENTS.] For aid for 17.32 transition programs for children with disabilities under 17.33 Minnesota Statutes, section 124D.454: 17.34 $8,892,000 ..... 2004 17.35 $8,866,000 ..... 2005 17.36 The 2004 appropriation includes $1,516,000 for 2003 and 18.1 $7,376,000 for 2004. 18.2 The 2005 appropriation includes $1,510,000 for 2004 and 18.3 $7,356,000 for 2005. 18.4 Subd. 8. [COURT-PLACED SPECIAL EDUCATION REVENUE.] For 18.5 reimbursing serving school districts for unreimbursed eligible 18.6 expenditures attributable to children placed in the serving 18.7 school district by court action under Minnesota Statutes, 18.8 section 125A.79, subdivision 4: 18.9 $152,000 ..... 2004 18.10 $160,000 ..... 2005 18.11 Subd. 9. [OUT-OF-STATE TUITION SPECIAL EDUCATION.] For 18.12 special education out-of-state tuition according to Minnesota 18.13 Statutes, section 125A.79, subdivision 8: 18.14 $250,000 ..... 2004 18.15 $250,000 ..... 2005 18.16 ARTICLE 4 18.17 FACILITIES AND TECHNOLOGY 18.18 Section 1. [APPROPRIATIONS.] 18.19 Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums 18.20 indicated in this section are appropriated from the general fund 18.21 to the department of education for the fiscal years designated. 18.22 Subd. 2. [HEALTH AND SAFETY REVENUE.] For health and 18.23 safety aid according to Minnesota Statutes, section 123B.57, 18.24 subdivision 5: 18.25 $8,076,000 ..... 2004 18.26 $7,378,000 ..... 2005 18.27 The 2004 appropriation includes $1,516,000 for 2003 and 18.28 $6,560,000 for 2004. 18.29 The 2005 appropriation includes $1,343,000 for 2004 and 18.30 $6,035,000 for 2005. 18.31 Subd. 3. [DEBT SERVICE EQUALIZATION.] For debt service aid 18.32 according to Minnesota Statutes, section 123B.53, subdivision 6: 18.33 $36,725,000 ..... 2004 18.34 $38,393,000 ..... 2005 18.35 The 2004 appropriation includes $5,586,000 for 2003 and 18.36 $31,139,000 for 2004. 19.1 The 2005 appropriation includes $6,144,000 for 2004 and 19.2 $32,249,000 for 2005. 19.3 Subd. 4. [ALTERNATIVE FACILITIES BONDING AID.] For 19.4 alternative facilities bonding aid, according to Minnesota 19.5 Statutes, section 123B.59, subdivision 1: 19.6 $19,287,000 ..... 2004 19.7 $19,287,000 ..... 2005 19.8 The 2004 appropriation includes $3,278,000 for 2003 and 19.9 $16,009,000 for 2004. 19.10 The 2005 appropriation includes $3,278,000 for 2004 and 19.11 $16,009,000 for 2005. 19.12 ARTICLE 5 19.13 NUTRITION 19.14 Section 1. [APPROPRIATIONS.] 19.15 Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums 19.16 indicated in this section are appropriated from the general fund 19.17 to the department of education for the fiscal years designated. 19.18 Subd. 2. [SCHOOL LUNCH.] (a) For school lunch aid 19.19 according to Minnesota Statutes, section 124D.111, and Code of 19.20 Federal Regulations, title 7, section 210.17: 19.21 $8,600,000 ..... 2004 19.22 $8,750,000 ..... 2005 19.23 Subd. 3. [TRADITIONAL SCHOOL BREAKFAST; KINDERGARTEN 19.24 MILK.] For traditional school breakfast aid and kindergarten 19.25 milk under Minnesota Statutes, sections 124D.1158 and 124D.118: 19.26 $820,000 ..... 2004 19.27 $870,000 ..... 2005 19.28 Subd. 4. [FAST BREAK TO LEARNING BREAKFAST.] For fast 19.29 break to learning breakfast under Minnesota Statutes, section 19.30 124D.1156: 19.31 $4,805,000 ..... 2004 19.32 $5,342,000 ..... 2005 19.33 The 2004 appropriation includes $747,000 for 2003 and 19.34 $4,058,000 for 2004. 19.35 The 2005 appropriation includes $830,000 for 2004 and 19.36 $4,512,000 for 2005. 20.1 Subd. 5. [SUMMER SCHOOL SERVICE REPLACEMENT AID.] For 20.2 summer food service replacement aid under Minnesota Statutes, 20.3 section 124D.119: 20.4 $150,000 ..... 2004 20.5 $150,000 ..... 2005 20.6 ARTICLE 6 20.7 LIBRARIES 20.8 Section 1. [APPROPRIATIONS.] 20.9 Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums 20.10 indicated in this section are appropriated from the general fund 20.11 to the department of education for the fiscal years designated. 20.12 Subd. 2. [BASIC SUPPORT.] For basic support grants 20.13 according to Minnesota Statutes, sections 134.32 to 134.35: 20.14 $9,649,000 ..... 2004 20.15 $9,870,000 ..... 2005 20.16 The 2004 appropriation includes $1,456,000 for 2003 and 20.17 $8,193,000 for 2004. 20.18 The 2005 appropriation includes $1,677,000 for 2004 and 20.19 $8,193,000 for 2005. 20.20 Subd. 3. [MULTICOUNTY, MULTITYPE LIBRARY SYSTEMS.] For 20.21 grants according to Minnesota Statutes, sections 134.353 and 20.22 134.354, to multicounty, multitype library systems: 20.23 $903,000 ..... 2004 20.24 $903,000 ..... 2005 20.25 The 2004 appropriation includes $153,000 for 2003 and 20.26 $750,000 for 2004. 20.27 The 2005 appropriation includes $153,000 for 2004 and 20.28 $750,000 for 2005. 20.29 ARTICLE 7 20.30 EARLY CHILDHOOD FAMILY SUPPORT 20.31 Section 1. Minnesota Statutes 2002, section 124D.135, 20.32 subdivision 1, is amended to read: 20.33 Subdivision 1. [REVENUE.] The revenue for early childhood 20.34 family education programs for a school district equals$113.5020.35for fiscal years 2000 and 2001 and$120 for fiscal year 2002 and 20.36later fiscal years$123 for fiscal year 2004 and later, times 21.1 the greater of: 21.2 (1) 150; or 21.3 (2) the number of people under five years of age residing 21.4 in the district on October 1 of the previous school year. 21.5 Sec. 2. [APPROPRIATIONS.] 21.6 Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums 21.7 indicated in this section are appropriated from the general fund 21.8 to the department of education for the fiscal years designated. 21.9 Subd. 2. [SCHOOL READINESS.] For revenue for school 21.10 readiness programs under Minnesota Statutes, sections 124D.15 21.11 and 124D.16: 21.12 $10,395,000 ..... 2004 21.13 $10,395,000 ..... 2005 21.14 The 2004 appropriation includes $1,767,000 for 2003 and 21.15 $8,628,000 for 2004. 21.16 The 2005 appropriation includes $1,767,000 for 2004 and 21.17 $8,628,000 for 2005. 21.18 Subd. 3. [EARLY CHILDHOOD FAMILY EDUCATION AID.] For early 21.19 childhood family education aid under Minnesota Statutes, section 21.20 124D.135: 21.21 $21,615,000 ..... 2004 21.22 $22,618,000 ..... 2005 21.23 The 2004 appropriation includes $3,239,000 for 2003 and 21.24 $18,376,000 for 2004. 21.25 The 2005 appropriation includes $3,763,000 for 2004 and 21.26 $18,855,000 for 2005. 21.27 Subd. 4. [HEALTH AND DEVELOPMENTAL SCREENING AID.] For 21.28 health and developmental screening aid under Minnesota Statutes, 21.29 sections 121A.17 and 121A.19: 21.30 $2,661,000 ..... 2004 21.31 $2,661,000 ..... 2005 21.32 The 2004 appropriation includes $452,000 for 2003 and 21.33 $2,209,000 for 2004. 21.34 The 2005 appropriation includes $452,000 for 2004 and 21.35 $2,209,000 for 2005. 21.36 Subd. 5. [HEAD START PROGRAM.] For Head Start programs 22.1 under Minnesota Statutes, section 119A.52: 22.2 $19,375,000 ..... 2004 22.3 $19,375,000 ..... 2005 22.4 Subd. 6. [WAY TO GROW.] For grants for existing way to 22.5 grow programs according to Minnesota Statutes, section 124D.17: 22.6 $475,000 ..... 2004 22.7 $475,000 ..... 2005 22.8 Any balance in the first year does not cancel but is 22.9 available in the second year. 22.10 ARTICLE 8 22.11 PREVENTION 22.12 Section 1. [APPROPRIATIONS.] 22.13 Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums 22.14 indicated in this section are appropriated from the general fund 22.15 to the department of education for the fiscal years designated. 22.16 Subd. 2. [COMMUNITY EDUCATION AID.] For community 22.17 education aid under Minnesota Statutes, section 124D.20: 22.18 $6,149,000 ..... 2004 22.19 $4,520,000 ..... 2005 22.20 The 2004 appropriation includes $1,326,000 for 2003 and 22.21 $4,823,000 for 2004. 22.22 The 2005 appropriation includes $987,000 for 2004 and 22.23 $3,533,000 for 2005. 22.24 Subd. 3. [ADULTS WITH DISABILITIES PROGRAM AID.] For 22.25 adults with disabilities programs under Minnesota Statutes, 22.26 section 124D.56: 22.27 $710,000 ..... 2004 22.28 $710,000 ..... 2005 22.29 The 2004 appropriation includes $120,000 for 2003 and 22.30 $590,000 for 2004. 22.31 The 2005 appropriation includes $120,000 for 2004 and 22.32 $590,000 for 2005. 22.33 Subd. 4. [HEARING-IMPAIRED ADULTS.] For programs for 22.34 hearing-impaired adults under Minnesota Statutes, section 22.35 124D.57: 22.36 $70,000 ..... 2004 23.1 $70,000 ..... 2005 23.2 Subd. 5. [ABUSED CHILDREN.] For abused children programs 23.3 under Minnesota Statutes, section 119A.21: 23.4 $945,000 ..... 2004 23.5 $945,000 ..... 2005 23.6 Subd. 6. [SCHOOL-AGE CARE REVENUE.] For extended day care 23.7 aid under Minnesota Statutes, section 124D.22: 23.8 $42,000 ..... 2004 23.9 $22,000 ..... 2005 23.10 The 2004 appropriation includes $14,000 for 2003 and 23.11 $28,000 for 2004. 23.12 The 2005 appropriation includes $5,000 for 2004 and $17,000 23.13 for 2005. 23.14 Subd. 7. [VIOLENCE PREVENTION EDUCATION GRANTS.] For 23.15 violence prevention education grants according to Minnesota 23.16 Statutes, section 120B.23: 23.17 $1,305,000 ..... 2004 23.18 $1,450,000 ..... 2005 23.19 The 2004 appropriation includes $0 for 2003 and $1,305,000 23.20 for 2004. 23.21 The 2005 appropriation includes $145,000 for 2004 and 23.22 $1,305,000 for 2005. 23.23 Any balance in the first year does not cancel but is 23.24 available in the second year. 23.25 Subd. 8. [CHILDREN'S TRUST FUND.] For children's trust 23.26 fund according to Minnesota Statutes, sections 119A.12 and 23.27 119A.13: 23.28 $875,000 ..... 2004 23.29 $875,000 ..... 2005 23.30 Any balance in the first year does not cancel but is 23.31 available in the second year. 23.32 Subd. 9. [FAMILY VISITATION CENTERS.] (a) For family 23.33 visitation centers according to Minnesota Statutes, section 23.34 119A.37: 23.35 $200,000 ..... 2004 23.36 $200,000 ..... 2005 24.1 Any balance in the first year does not cancel but is 24.2 available in the second year. 24.3 (b) An additional $96,000 in fiscal year 2004 and $96,000 24.4 in fiscal year 2005 are appropriated from the special revenue 24.5 fund under Minnesota Statutes, section 517.08, subdivision 1c, 24.6 for family visitation centers. Any balance in the first year 24.7 does not cancel but is available for the second year. 24.8 Subd. 10. [AFTER-SCHOOL ENRICHMENT GRANTS.] For 24.9 after-school enrichment grants according to Minnesota Statutes, 24.10 section 124D.221: 24.11 $5,510,000 ..... 2004 24.12 $5,510,000 ..... 2005 24.13 Any balance in the first year does not cancel but is 24.14 available in the second year. 24.15 ARTICLE 9 24.16 SELF-SUFFICIENCY AND LIFE-LONG LEARNING 24.17 Section 1. [APPROPRIATIONS.] 24.18 Subdivision 1. [DEPARTMENT OF EDUCATION.] The sums 24.19 indicated in this section are appropriated from the general fund 24.20 to the department of education for the fiscal years designated. 24.21 Subd. 2. [ADULT BASIC EDUCATION AID.] For adult basic 24.22 education aid under Minnesota Statutes, section 124D.52, in 24.23 fiscal year 2004 and Minnesota Statutes, section 124D.531, in 24.24 fiscal year 2005: 24.25 $37,301,000 ..... 2004 24.26 $40,362,000 ..... 2005 24.27 The 2004 appropriation includes $5,905,000 for 2003 and 24.28 $31,396,000 for 2004. 24.29 The 2005 appropriation includes $6,430,000 for 2004 and 24.30 $33,932,000 for 2005. 24.31 Subd. 3. [ADULT GRADUATION AID.] For adult graduation aid 24.32 under Minnesota Statutes, section 124D.54: 24.33 $2,528,000 ..... 2004 24.34 $2,781,000 ..... 2005 24.35 Subd. 4. [GED TESTS.] For payment of 60 percent of the 24.36 costs of GED tests under Laws 1993, chapter 224, article 4, 25.1 section 44, subdivision 10: 25.2 $125,000 ..... 2004 25.3 $125,000 ..... 2005 25.4 Subd. 5. [FAMILY ASSETS FOR INDEPENDENCE.] For family 25.5 assets for independence: 25.6 $500,000 ..... 2004 25.7 Any balance in the first year does not cancel but is 25.8 available in the second year. 25.9 Subd. 6. [ADULT BASIC EDUCATION AUDITS; STATE DIRECTOR.] 25.10 For adult basic education audits under Minnesota Statutes, 25.11 section 124D.531, and for a state adult basic education director: 25.12 $275,000 ..... 2004 25.13 $170,000 ..... 2005 25.14 Any balance in the first year does not cancel but is 25.15 available in the second year. 25.16 ARTICLE 10 25.17 STATE AGENCIES 25.18 Section 1. [APPROPRIATIONS; DEPARTMENT OF EDUCATION.] 25.19 Subdivision 1. [DEPARTMENT OF EDUCATION.] Unless otherwise 25.20 indicated, the sums indicated in this section are appropriated 25.21 from the general fund to the department of education for the 25.22 fiscal years designated. 25.23 Subd. 2. [DEPARTMENT.] (a) For the department of education: 25.24 $26,740,000 ..... 2004 25.25 $26,740,000 ..... 2005 25.26 Any balance in the first year does not cancel but is 25.27 available in the second year. 25.28 (b) $260,000 each year is for the Minnesota children's 25.29 museum. 25.30 (c) $41,000 each year is for the Minnesota academy of 25.31 science. 25.32 (d) $621,000 each year is for the board of teaching. 25.33 (e) $165,000 each year is for the board of school 25.34 administrators. 25.35 Subd. 3. [FEDERAL GRANTS AND AIDS.] The expenditures of 25.36 federal grants and aids as shown in the biennial budget document 26.1 and its supplements are approved and appropriated and shall be 26.2 spent as indicated. 26.3 Sec. 2. [APPROPRIATIONS; MINNESOTA STATE ACADEMIES.] 26.4 The sums indicated in this section are appropriated from 26.5 the general fund to the Minnesota state academies for the deaf 26.6 and the blind for the fiscal years designated: 26.7 $10,966,000 ..... 2004 26.8 $10,966,000 ..... 2005 26.9 Any balance in the first year does not cancel but is 26.10 available in the second year. 26.11 Sec. 3. [APPROPRIATIONS; PERPICH CENTER FOR ARTS 26.12 EDUCATION.] 26.13 The sums indicated in this section are appropriated from 26.14 the general fund to the Perpich center for arts education for 26.15 the fiscal years designated: 26.16 $7,816,000 ..... 2004 26.17 $7,816,000 ..... 2005 26.18 Any balance in the first year does not cancel but is 26.19 available in the second year. 26.20 ARTICLE 11 26.21 DEFICIENCIES 26.22 Section 1. [DEPARTMENT OF EDUCATION.] 26.23 The dollar amounts shown are added to or, if shown in 26.24 parentheses, are subtracted from the appropriations in Laws 26.25 2001, First Special Session chapter 6, as amended by Laws 2002, 26.26 chapter 220, and Laws 2002, chapter 374, or other law, and are 26.27 appropriated from the general fund to the department of 26.28 education for the purposes specified in this article, to be 26.29 available for the fiscal year indicated for each purpose. The 26.30 figure "2003" used in this article means that the appropriation 26.31 or appropriations listed are available for the fiscal year 26.32 ending June 30, 2003. 26.33 2003 26.34 APPROPRIATION ADJUSTMENTS $ 10,869,000 26.35 APPROPRIATION CHANGE 26.36 Sec. 2. APPROPRIATIONS; DEPARTMENT OF 27.1 EDUCATION 27.2 Subdivision 1. Community Education Aid 219,000 27.3 Subd. 2. General and Supplemental 27.4 Education Aid 8,791,000 27.5 This change includes ($7,420,000) for 27.6 2002 and $16,211,000 for 2003. 27.7 Subd. 3. Nonpublic Pupil Aid 437,000 27.8 Subd. 4. Consolidation Transition Aid 5,000 27.9 Subd. 5. Interdistrict Desegregation 27.10 or Integration Transportation Grants 169,000 27.11 Subd. 6. Travel for Home-Based 27.12 Services 48,000 27.13 Subd. 7. Debt Service Aid 19,000 27.14 Subd. 8. School Breakfast 100,000 27.15 Subd. 9. Fast Break to Learning 1,081,000 27.16 Sec. 3. [EFFECTIVE DATE.] 27.17 Sections 1 and 2 are effective the day following final 27.18 enactment. 27.19 ARTICLE 12 27.20 EDUCATION POLICY INITIATIVES 27.21 Section 1. Minnesota Statutes 2002, section 15.01, is 27.22 amended to read: 27.23 15.01 [DEPARTMENTS OF THE STATE.] 27.24 The following agencies are designated as the departments of 27.25 the state government: the department of administration; the 27.26 department of agriculture; the department of commerce; the 27.27 department of corrections; the department ofchildren, families,27.28and learningeducation; the department of economic security; the 27.29 department of trade and economic development; the department of 27.30 finance; the department of health; the department of human 27.31 rights; the department of labor and industry; the department of 27.32 military affairs; the department of natural resources; the 27.33 department of employee relations; the department of public 27.34 safety; the department of human services; the department of 27.35 revenue; the department of transportation; the department of 27.36 veterans affairs; and their successor departments. 27.37 Sec. 2. Minnesota Statutes 2002, section 62A.661, 27.38 subdivision 6, is amended to read: 28.1 Subd. 6. [WORK SCHEDULE.] By June 1, 2003, the committee 28.2 must complete the collection and analysis of information under 28.3 subdivisions 3 and 4 and submit an interim written report to the 28.4legislaturechairs of the committees in the house and senate 28.5 having jurisdiction over kindergarten through grade 12 education 28.6 finance and the ranking minority members in each of those 28.7 committees. By January 15, 2004, the committee must complete 28.8 its preparation of a plan design under subdivision 5 and submit 28.9 its final written report to thelegislaturechairs of the 28.10 committees in the house and senate having jurisdiction over 28.11 kindergarten through grade 12 education finance and the ranking 28.12 minority members in each of those committees, including a 28.13 detailed plan design. If the final report recommends 28.14 legislation, the report must include a draft of the 28.15 legislation. Both reports must be submitted in compliance with 28.16 sections 3.195, subdivision 1, and 3.197. 28.17 Sec. 3. Minnesota Statutes 2002, section 119A.01, 28.18 subdivision 2, is amended to read: 28.19 Subd. 2. [ESTABLISHMENT.] The department ofchildren,28.20families, and learningeducation is established. 28.21 Sec. 4. Minnesota Statutes 2002, section 119A.02, 28.22 subdivision 2, is amended to read: 28.23 Subd. 2. [COMMISSIONER.] "Commissioner" means the 28.24 commissioner ofchildren, families, and learningeducation. 28.25 Sec. 5. Minnesota Statutes 2002, section 119A.02, 28.26 subdivision 3, is amended to read: 28.27 Subd. 3. [DEPARTMENT.] "Department" means the department 28.28 ofchildren, families, and learningeducation. 28.29 Sec. 6. Minnesota Statutes 2002, section 119B.011, 28.30 subdivision 8, is amended to read: 28.31 Subd. 8. [COMMISSIONER.] "Commissioner" means the 28.32 commissioner ofchildren, families, and learningeducation. 28.33 Sec. 7. Minnesota Statutes 2002, section 119B.011, 28.34 subdivision 10, is amended to read: 28.35 Subd. 10. [DEPARTMENT.] "Department" means the department 28.36 ofchildren, families, and learningeducation. 29.1 Sec. 8. Minnesota Statutes 2002, section 120A.02, is 29.2 amended to read: 29.3 120A.02 [DEPARTMENT OFCHILDREN, FAMILIES, AND LEARNING29.4 EDUCATION.] 29.5 The department ofchildren, families, and learning29.6 education shall carry out the provisions of chapters 120A to 29.7 129C and other related education provisions under law. 29.8 Sec. 9. Minnesota Statutes 2002, section 120A.05, 29.9 subdivision 4, is amended to read: 29.10 Subd. 4. [COMMISSIONER.] "Commissioner" means the 29.11 commissioner ofchildren, families, and learningeducation. 29.12 Sec. 10. Minnesota Statutes 2002, section 120A.05, 29.13 subdivision 7, is amended to read: 29.14 Subd. 7. [DEPARTMENT.] "Department" means the department 29.15 ofchildren, families, and learningeducation. 29.16 Sec. 11. Minnesota Statutes 2002, section 120A.41, is 29.17 amended to read: 29.18 120A.41 [LENGTH OF SCHOOL YEAR; DAYS OF INSTRUCTION.] 29.19 A school board's annual school calendar must include at 29.20 leastthree additional days of student instruction or staff29.21development training related to implementing section 120B.031,29.22subdivision 1, paragraph (f), beyondthe number of days of 29.23 student instruction the board formally adopted as its school 29.24 calendar at the beginning of the 1996-1997 school year. 29.25 [EFFECTIVE DATE.] This section is effective for the 29.26 2003-2004 school year and later. 29.27 Sec. 12. [120B.001] [REPEALING PROFILE OF LEARNING 29.28 STATUTES AND RULES.] 29.29 (a) Notwithstanding sections 120B.02, 120B.031, 120B.30, 29.30 120B.31, and 120B.35, or other law to the contrary, the 29.31 commissioner of children, families, and learning must not 29.32 implement the profile of learning portion of the state's 29.33 results-oriented graduation rule and all rules under Minnesota 29.34 Rules, chapter 3501, related to the profile of learning portion 29.35 of the state's results-oriented graduation rule described in 29.36 this chapter are repealed. 30.1 (b) School districts must provide all high school students 30.2 who entered the ninth grade in the 2004-2005 school year or 30.3 earlier the opportunity to earn a high school diploma under 30.4 locally established graduation requirements and 30.5 state-established basic skills requirements in effect when the 30.6 students entered ninth grade. 30.7 [EFFECTIVE DATE.] This section is effective the day 30.8 following final enactment and applies to the 2003-2004 school 30.9 year and later. 30.10 Sec. 13. [120B.0011] [STATE STANDARDS FOR EDUCATIONAL 30.11 EXCELLENCE.] 30.12 (a) High educational standards determine educational 30.13 excellence and must guide curriculum and instruction. Teachers 30.14 must expect students to achieve high educational standards and 30.15 students must understand the importance of reaching such 30.16 standards. The state must hold all students to high standards 30.17 so as to educate its increasingly diverse citizenry and must 30.18 reject differential standards because they lead to inequalities 30.19 in educational opportunity. High educational standards: 30.20 (1) are fundamental to the state's accountability system; 30.21 (2) state what students must know and be able to do; 30.22 (3) are rigorous but attainable; 30.23 (4) do not tell teachers how to teach; 30.24 (5) outline the framework of an academic program to which 30.25 local schools and districts add unique and specific content; and 30.26 (6) do not establish a statewide curriculum. 30.27 (b) Although high educational standards do not direct how 30.28 standards are taught or proficiency is demonstrated, students 30.29 must be able to apply their knowledge and skills in a variety of 30.30 settings and think critically. The standards state the content 30.31 and skills that students need to pursue academic and career 30.32 goals, contribute as productive citizens, and lead fulfilling 30.33 lives. The standards clarify the responsibilities of schools 30.34 and students, challenge schools and students to improve 30.35 educational performance, and foster educational equity 30.36 throughout the state. 31.1 [EFFECTIVE DATE.] This section is effective the day 31.2 following final enactment. 31.3 Sec. 14. [120B.0012] [REQUIRED AND OPTIONAL STANDARDS AND 31.4 TIME LINE ESTABLISHED.] 31.5 (a) The commissioner, consistent with the requirements of 31.6 sections 120B.0011, 120B.0012, 120B.0013, and 120B.0014, must 31.7 adopt statewide rules under chapter 14 that establish a set of 31.8 required and optional educational standards. The commissioner 31.9 must make available for public review a statement of the need 31.10 for and reasonableness of each rule, consistent with section 31.11 14.131. After the rules authorized under this paragraph are 31.12 initially adopted, the commissioner may not amend or repeal 31.13 these rules nor adopt new rules on the same topic without 31.14 specific legislative authorization. 31.15 (b) At a minimum, English and mathematics standards, 31.16 consistent with section 120B.0013, clauses (1) and (2), must be 31.17 implemented for all students beginning in the 2004-2005 school 31.18 year. Science standards, consistent with section 120B.0013, 31.19 clause (3), must be implemented for all students beginning in 31.20 the 2005-2006 school year. Social studies and arts and 31.21 literature standards, consistent with section 120B.0013, clauses 31.22 (4) and (5), must be implemented for all students beginning in 31.23 the 2006-2007 school year. 31.24 (c) The required standards apply to all public school 31.25 students, except the very few students with extreme cognitive or 31.26 physical impairments for whom an individualized education plan 31.27 team has determined that the required standards are 31.28 inappropriate. An individualized education plan team that makes 31.29 this determination must establish alternative standards. 31.30 (d) Optional standards under section 120B.0013 represent 31.31 what intermediate and secondary school students making elective 31.32 choices are expected to know and be able to do. 31.33 [EFFECTIVE DATE.] This section is effective the day 31.34 following final enactment. 31.35 Sec. 15. [120B.0013] [REQUIRED AND OPTIONAL STANDARDS.] 31.36 (a) Minnesota's high educational standards encompass the 32.1 following five learning areas: 32.2 (1) English, which is composed of reading English that 32.3 includes, among other topics, comprehension of materials such as 32.4 graphs and charts, and writing English that includes, among 32.5 other topics, public speaking, and incorporates the standards 32.6 for English language arts developed by the national council of 32.7 teachers of English and the international reading association; 32.8 (2) mathematics, which emphasizes applied problem solving 32.9 but includes, among other topics, estimation, calculation and 32.10 calculator use, and incorporates the principles and standards of 32.11 the national council of teachers of mathematics; 32.12 (3) science, which includes environmental, physical, and 32.13 life sciences, and incorporates the national science education 32.14 standards; 32.15 (4) social studies, which includes history, geography, 32.16 government and civics, economics and world cultures, and 32.17 incorporates the standards developed by the national council for 32.18 social studies, the national center for history in the schools, 32.19 the national council on economic education, the national council 32.20 for geographic education and the center for civic education; and 32.21 (5) arts and literature, which includes, among other 32.22 topics, music, graphic arts, and drama, and incorporates the 32.23 standards of the music educators national conference and the 32.24 national art education association. 32.25 (b) For purposes of aligning state standards and 32.26 assessments and complying with applicable federal law, at least 32.27 the English, mathematics, and science standards established 32.28 under this section must specify what students are expected to 32.29 know and be able to do by the end of each grade level for which 32.30 a statewide assessment is administered. 32.31 (c) The state standards must incorporate, as optional, the 32.32 coursework preparation requirements of the state's public 32.33 four-year higher education institutions and the preparation 32.34 requirements that enable students to forego remedial and 32.35 developmental education courses in the state's two-year higher 32.36 education institutions. 33.1 (d) The state standards must include, as optional, a 33.2 foreign language component that encompasses both oral and 33.3 written fluency and incorporates the standards of the American 33.4 council on the teaching of foreign languages. 33.5 (e) The state standards must include, as optional, a 33.6 technical applications area for intermediate and secondary 33.7 students that incorporates the standards of the national 33.8 research center for career and technical education and the 33.9 standards for technological literacy of the international 33.10 technology education association. 33.11 (f) The state standards must include, as optional, a 33.12 physical education component. 33.13 (g) The state standards must be supplemented by curriculum 33.14 framework and test specification documents useful to state and 33.15 local decision makers charged with determining appropriate 33.16 curriculum, staff development activities, and assessment 33.17 programs. 33.18 [EFFECTIVE DATE.] This section is effective the day 33.19 following final enactment. 33.20 Sec. 16. [120B.0014] [STATEWIDE AND LOCAL ASSESSMENTS; 33.21 RESULTS.] 33.22 (a) The commissioner must develop reading, mathematics, and 33.23 science assessments using state constructed tests that are 33.24 developed from and aligned with the standards under section 33.25 120B.0013, paragraph (a), are designed to monitor student growth 33.26 toward and achievement of those standards, consistent with 33.27 section 120B.35, and satisfy applicable federal law. At a 33.28 minimum, the commissioner must require annual reading and 33.29 mathematics assessments in grades 3 through 8 and in one high 33.30 school grade for the 2005-2006 school year and later and annual 33.31 science assessments in one grade in the 3 through 5 grade span, 33.32 the 6 through 9 grade span and the 10 through 12 grade span for 33.33 the 2006-2007 school year and later. 33.34 (b) The assessments must: 33.35 (1) provide timely, useful, and understandable information 33.36 for and about the performance of individual students, schools, 34.1 school districts, and the state, and expect that educators use 34.2 the information, and other information, to plan instruction for 34.3 the next school year and to develop school improvement plans, 34.4 including plans required under applicable federal law; 34.5 (2) include a growth scale useful under sections 120B.30, 34.6 120B.31, and 120B.35 for analyzing value-added and student level 34.7 growth over time; 34.8 (3) include state and national percentile ranks in 34.9 information reported to students and parents under section 34.10 120B.364; and 34.11 (4) determine whether students have met the state's basic 34.12 skills requirements in reading and mathematics. 34.13 (c) Consistent with applicable federal law and section 34.14 120B.30, subdivision 1, paragraph (e), clause (1), the 34.15 commissioner must include alternative assessments for the very 34.16 few students with disabilities for whom statewide assessments 34.17 are inappropriate and for students with limited English 34.18 proficiency. 34.19 (d) Schools, school districts, and charter schools must 34.20 administer statewide assessments under this section that use 34.21 student performance to evaluate student progress in achieving 34.22 high standards in English, mathematics, and science. Schools, 34.23 school districts, and charter schools may base grade promotions 34.24 and the awarding of high school course credits on students' 34.25 success in achieving high standards. 34.26 [EFFECTIVE DATE.] This section is effective the day 34.27 following final enactment. 34.28 Sec. 17. Minnesota Statutes 2002, section 120B.35, is 34.29 amended by adding a subdivision to read: 34.30 Subd. 5. [IMPROVING GRADUATION RATES FOR STUDENTS WITH 34.31 EMOTIONAL OR BEHAVIORAL DISORDERS.] (a) A district must develop 34.32 strategies in conjunction with parents of students with 34.33 emotional or behavioral disorders and the county board 34.34 responsible for implementing sections 245.487 to 245.4888 to 34.35 keep students with emotional or behavioral disorders in school, 34.36 when the district has a drop-out rate for students with an 35.1 emotional or behavioral disorder exceeding 25 percent. 35.2 (b) A district must develop a plan in conjunction with 35.3 parents of students with emotional or behavioral disorders and 35.4 the local mental health authority to increase the graduation 35.5 rates of students with emotional or behavioral disorders. A 35.6 district with a drop-out rate for children with an emotional or 35.7 behavioral disturbance in the top 25 percent of all districts 35.8 shall submit a plan for review and oversight to the commissioner. 35.9 Sec. 18. Minnesota Statutes 2002, section 121A.03, 35.10 subdivision 2, is amended to read: 35.11 Subd. 2. [SEXUAL, RELIGIOUS, AND RACIAL HARASSMENT AND 35.12 VIOLENCE POLICY.] (a) A school board must adopt a written 35.13 sexual, religious, and racial harassment and sexual, religious, 35.14 and racial violence policy that conforms with sections 363.01 to 35.15 363.15. The policy shall apply to pupils, teachers, 35.16 administrators, and other school personnel, include reporting 35.17 procedures, and set forth disciplinary actions that will be 35.18 taken for violation of the policy. Disciplinary actions must 35.19 conform with collective bargaining agreements and sections 35.20 121A.41 to 121A.56. The policy must be conspicuously posted 35.21 throughout each school building, given to each district employee 35.22 and independent contractor at the time of entering into the 35.23 person's employment contract, and included in each school's 35.24 student handbook on school policies. Each school must develop a 35.25 process for discussing the school's sexual, religious, and 35.26 racial harassment and violence policy with students and school 35.27 employees. 35.28 (b) To the extent applicable, school officials must use the 35.29 requirements under paragraph (a) to develop and implement a 35.30 policy for reporting student-on-student abuse that is occurring 35.31 or has occurred on school district property. 35.32 (c) The policy adopted under paragraph (a) must be 35.33 consistent with the requirements for a policy prohibiting 35.34 intimidation and bullying under section 121A.032. 35.35 [EFFECTIVE DATE.] This section is effective January 1, 2004. 35.36 Sec. 19. Minnesota Statutes 2002, section 121A.03, is 36.1 amended by adding a subdivision to read: 36.2 Subd. 2a. [STUDENT-ON-STUDENT ABUSE POLICY.] (a) 36.3 Consistent with the applicable requirements under subdivision 2, 36.4 and section 626.556, a school board must adopt a written policy 36.5 prohibiting student-on-student abuse, including at least: 36.6 (1) student-on-student sexual abuse, consistent with the 36.7 definition of "criminal sexual conduct" in sections 609.342, 36.8 subdivision 1; 609.343, subdivision 1; 609.344, subdivision 1; 36.9 609.345, subdivision 1; and 609.3451, subdivision 1. Sexual 36.10 abuse also includes an act that violates prostitution offenses 36.11 under sections 609.321 to 609.324 or 617.246; and 36.12 (2) student-on-student physical assault or battery, 36.13 consistent with the definition of assault in sections 609.221, 36.14 subdivision 1; 609.222, subdivision 1; 609.223, subdivision 1; 36.15 and 609.2231. 36.16 (b) The policy must require a teacher, school 36.17 administrator, or other school personnel who knows or has reason 36.18 to believe that student-on-student abuse is occurring or has 36.19 occurred on school district property to report the information 36.20 to the commissioner of children, families, and learning, 36.21 immediately after receiving the information, according to the 36.22 requirements under section 626.556. The commissioner's report 36.23 and investigation must also comply with section 626.556. 36.24 (c) The policy must allow student-on-student abuse to be 36.25 reported to the commissioner by fax, certified mail, e-mail, or 36.26 by telephone or orally with a written report to follow within 72 36.27 hours, exclusive of weekends and holidays. 36.28 (d) The policy must encourage a student who knows or has 36.29 reason to believe that student-on-student abuse is occurring or 36.30 has occurred on school district property to report the 36.31 information to a teacher, school administrator, or other school 36.32 personnel immediately after learning the information. 36.33 (e) The handling of data under this section must comply 36.34 with the requirements of section 626.556. 36.35 (f) For the purposes of this subdivision, "immediately" 36.36 means as soon as possible but in no event longer than 24 hours. 37.1 [EFFECTIVE DATE.] This section is effective January 1, 2004. 37.2 Sec. 20. Minnesota Statutes 2002, section 121A.03, 37.3 subdivision 3, is amended to read: 37.4 Subd. 3. [SUBMISSION TO COMMISSIONER.] Each school board 37.5 must submit to the commissioner a copy of the sexual, religious, 37.6 and racial harassment and sexual, religious, and racial violence 37.7 policy under subdivision 2 and the student-on-student abuse 37.8 policy under subdivision 2a the board has adopted. 37.9 [EFFECTIVE DATE.] This section is effective January 1, 2004. 37.10 Sec. 21. [121A.032] [SCHOOL BOARD POLICY; PROHIBITING 37.11 INTIMIDATION AND BULLYING.] 37.12 Subdivision 1. [PURPOSE.] The legislature finds that a 37.13 safe and civil environment is needed for students to attain high 37.14 academic standards. Intimidation or bullying, like other 37.15 disruptive or violent behavior, is conduct that interferes with 37.16 students' ability to learn and teachers' ability to educate 37.17 students in a safe environment. 37.18 Subd. 2. [INTIMIDATION OR BULLYING DEFINED.] "Intimidation 37.19 or bullying" means conduct that substantially interferes with a 37.20 student's educational benefits, opportunities or performance 37.21 occurring on or near school grounds, at a school-sponsored 37.22 activity, on school-provided transportation, at any official 37.23 school bus stop, or on a student's walking route to or from 37.24 school. Intimidation or bullying includes an intentional 37.25 gesture or a written, verbal, or physical act or threat that a 37.26 reasonable person under the circumstances knows or should know 37.27 has the effect of: 37.28 (1) harming a student; 37.29 (2) damaging a student's property; 37.30 (3) placing a student in reasonable fear of harm to his or 37.31 her person; 37.32 (4) placing a student in reasonable fear of damage to his 37.33 or her property; or 37.34 (5) presenting a sufficiently severe, persistent, or 37.35 pervasive threat or action and creating an intimidating, 37.36 threatening, or abusive educational environment for a student. 38.1 Subd. 3. [BOARD INTIMIDATION OR BULLYING POLICY 38.2 REQUIRED.] (a) A school board must develop, with input from 38.3 parents or guardians, school employees, school volunteers, 38.4 students, and community members, and adopt a policy prohibiting 38.5 intimidation and bullying, consistent with the requirements of 38.6 this section. At a minimum, the policy must: 38.7 (1) prohibit the intimidating or bullying of any student; 38.8 (2) describe the behavior expected of each student; 38.9 (3) define intimidation or bullying; 38.10 (4) include a reporting procedure that permits a person to 38.11 report anonymously, but precludes formal disciplinary action 38.12 based solely on an anonymous report; 38.13 (5) require school personnel to report prohibited incidents 38.14 of which they are aware; 38.15 (6) state the consequences for and the appropriate remedial 38.16 action to be taken against a person acting to intimidate or 38.17 bully; 38.18 (7) require school officials to notify the parent or 38.19 guardian of a student involved in a prohibited incident and the 38.20 disciplinary action taken based on a confirmed report; 38.21 (8) include a procedure for documenting any prohibited 38.22 incident that is reported; 38.23 (9) include a procedure for responding to and promptly 38.24 investigating any reported incident, including designating 38.25 employees responsible for taking and investigating reports; 38.26 (10) indicate how the school district will respond after an 38.27 incident is reported, investigated, and confirmed; 38.28 (11) include a disciplinary procedure for any student found 38.29 to have harassed, intimidated, or bullied; 38.30 (12) prohibit retaliation for reporting in good faith 38.31 intimidation or bullying and retaliation against a victim of 38.32 intimidation or bullying when a report has been made; 38.33 (13) provide appropriate remedial action for a person who 38.34 falsely accuses another of intimidation or bullying as a 38.35 reprisal or retaliation or to intimidate or bully; 38.36 (14) make notice of the policy available throughout the 39.1 district; 39.2 (15) address intimidation or bullying that occurs on or 39.3 near school grounds, at any school-sponsored activity, on 39.4 school-provided transportation, at any official school bus stop, 39.5 or on a student's walking route to or from school; and 39.6 (16) keep confidential and exempt from disclosure the name 39.7 of the person reporting an incident under this section. 39.8 (b) A disciplinary action taken under this section must be 39.9 consistent with collective bargaining agreements and the Pupil 39.10 Fair Dismissal Act. 39.11 Subd. 4. [MODEL POLICY.] The department of children, 39.12 families, and learning must develop and make available to school 39.13 boards a model policy on intimidation and bullying, consistent 39.14 with the requirements of this section. The department of 39.15 children, families, and learning, at the request of a local 39.16 school board, must assist the school board in developing a 39.17 policy. 39.18 Subd. 5. [RETALIATION PROHIBITED.] (a) A school employee, 39.19 student, or volunteer must not engage in reprisal or retaliation 39.20 against a victim of, witness to, or person with reliable 39.21 information about an act of intimidation or bullying. 39.22 (b) A school employee, student, or volunteer who witnesses 39.23 or has reliable information that a student has been intimidated 39.24 or bullied must report to a school official designated in the 39.25 school board's policy under subdivision 3, clause (9). 39.26 Subd. 6. [IMMUNITY.] A school employee, student, or 39.27 volunteer, acting in good faith, is immune from liability for 39.28 damages arising from reporting intimidation or bullying to a 39.29 designated school official under this section. 39.30 Subd. 7. [POLICY, TRAINING, AND EDUCATION.] (a) School 39.31 districts are encouraged to form task forces to prevent 39.32 intimidation or bullying; organize programs; and develop other 39.33 initiatives involving school employees, students, 39.34 administrators, volunteers, parents, guardians, law enforcement, 39.35 and community representatives. School districts also are 39.36 encouraged to develop a process for regularly educating 40.1 students, employees, and volunteers about the district's 40.2 harassment, intimidation, and bullying policy. 40.3 (b) School officials must include information about the 40.4 school board policy against intimidation and bullying in all 40.5 current employee training programs. 40.6 (c) A school board must provide at least annual notice of 40.7 its intimidation and bullying policy in student handbooks and in 40.8 other publications that establish the parameters of student 40.9 conduct. 40.10 Subd. 8. [LEGAL RECOURSE.] Except as provided under 40.11 subdivision 6, nothing in this section prohibits a victim from 40.12 bringing an action under any other applicable provision of civil 40.13 or criminal law. 40.14 [EFFECTIVE DATE.] This section is effective for the 40.15 2003-2004 school year and later. 40.16 Sec. 22. Minnesota Statutes 2002, section 121A.55, is 40.17 amended to read: 40.18 121A.55 [POLICIES TO BE ESTABLISHED.] 40.19 (a) The commissioner of children, families, and learning 40.20 shall promulgate guidelines to assist each school board. Each 40.21 school board shall establish uniform criteria for dismissal and 40.22 adopt written policies and rules to effectuate the purposes of 40.23 sections 121A.40 to 121A.56. The policies shall emphasize 40.24 preventing dismissals through early detection of problems and 40.25 shall be designed to address students' inappropriate behavior 40.26 from recurring. The policies shall recognize the continuing 40.27 responsibility of the school for the education of the pupil 40.28 during the dismissal period. The alternative educational 40.29 services, if the pupil wishes to take advantage of them, must be 40.30 adequate to allow the pupil to make progress towards meeting the 40.31 graduation standards adopted under section 120B.02 and help 40.32 prepare the pupil for readmission. 40.33 (b) An area learning center under section 123A.05 may not 40.34 prohibit an expelled or excluded pupil from enrolling solely 40.35 because a district expelled or excluded the pupil. The board of 40.36 the area learning center may use the provisions of the Pupil 41.1 Fair Dismissal Act to exclude a pupil or to require an admission 41.2 plan. 41.3 (c) The commissioner shall actively encourage and assist 41.4 school districts to cooperatively establish alternative 41.5 educational services within school buildings or at alternative 41.6 program sites that offer instruction to pupils who are dismissed 41.7 from school for willfully engaging in dangerous, disruptive, or 41.8 violent behavior, including for possessing a firearm in a school 41.9 zone. 41.10 (d) Each school district shall develop a policy and report 41.11 it to the commissioner on the appropriate use of peace officers 41.12 and crisis teams to remove students who have an individualized 41.13 education plan from school grounds. 41.14 Sec. 23. Minnesota Statutes 2002, section 121A.61, 41.15 subdivision 3, is amended to read: 41.16 Subd. 3. [POLICY COMPONENTS.] The policy must include at 41.17 least the following components: 41.18 (a) rules governing student conduct and procedures for 41.19 informing students of the rules; 41.20 (b) the grounds for removal of a student from a class; 41.21 (c) the authority of the classroom teacher to remove 41.22 students from the classroom pursuant to procedures and rules 41.23 established in the district's policy; 41.24 (d) the procedures for removal of a student from a class by 41.25 a teacher, school administrator, or other school district 41.26 employee; 41.27 (e) the period of time for which a student may be removed 41.28 from a class, which may not exceed five class periods for a 41.29 violation of a rule of conduct; 41.30 (f) provisions relating to the responsibility for and 41.31 custody of a student removed from a class; 41.32 (g) the procedures for return of a student to the specified 41.33 class from which the student has been removed; 41.34 (h) the procedures for notifying a student and the 41.35 student's parents or guardian of violations of the rules of 41.36 conduct and of resulting disciplinary actions; 42.1 (i) any procedures determined appropriate for encouraging 42.2 early involvement of parents or guardians in attempts to improve 42.3 a student's behavior; 42.4 (j) any procedures determined appropriate for encouraging 42.5 early detection of behavioral problems; 42.6 (k) any procedures determined appropriate for referring a 42.7 student in need of special education services to those services; 42.8 (1) the procedures for consideration of whether there is a 42.9 need for a further assessment or of whether there is a need for 42.10 a review of the adequacy of a current individual education plan 42.11 of a student with a disability who is removed from class; 42.12 (m) procedures for detecting and addressing chemical abuse 42.13 problems of a student while on the school premises; 42.14 (n) the minimum consequences for violations of the code of 42.15 conduct; 42.16 (o) procedures for immediate and appropriate interventions 42.17 tied to violations of the code;and42.18 (p) a provision that states that a teacher, school 42.19 employee, school bus driver, or other agent of a district may 42.20 use reasonable force in compliance with section 121A.582 and 42.21 other laws; and 42.22 (q) an agreement of procedures to coordinate crisis 42.23 services to the extent funds are available with the county board 42.24 responsible for implementing sections 245.487 to 245.4888 for 42.25 students with a serious emotional disturbance or other students 42.26 who have an individualized education plan whose behavior may be 42.27 addressed by crisis intervention. 42.28 Sec. 24. Minnesota Statutes 2002, section 122A.09, 42.29 subdivision 4, is amended to read: 42.30 Subd. 4. [LICENSE AND RULES.] (a) The board must adopt 42.31 rules to license public school teachers and interns subject to 42.32 chapter 14. 42.33 (b) The board must adopt rules requiring a person to 42.34 successfully complete a skills examination in reading, writing, 42.35 and mathematics as a requirement for initial teacher licensure. 42.36 Such rules must require college and universities offering a 43.1 board approved teacher preparation program to provide remedial 43.2 assistance to persons who did not achieve a qualifying score on 43.3 the skills examination, including those for whom English is a 43.4 second language. 43.5 (c) The board must adopt rules to approve teacher 43.6 preparation programs. The board, upon the request of a 43.7 post-secondary student preparing for teacher licensure or a 43.8 licensed graduate of a teacher preparation program, shall assist 43.9 in resolving a dispute between the person and a post-secondary 43.10 institution providing a teacher preparation program when the 43.11 dispute involves an institution's recommendation for licensure 43.12 affecting the person or the person's credentials. At the 43.13 board's discretion, assistance may include the application of 43.14 chapter 14. 43.15 (d) The board must provide the leadership and shall adopt 43.16 rules for the redesign of teacher education programs to 43.17 implement a research based, results-oriented curriculum that 43.18 focuses on the skills teachers need in order to be effective. 43.19 The board shall implement new systems of teacher preparation 43.20 program evaluation to assure program effectiveness based on 43.21 proficiency of graduates in demonstrating attainment of program 43.22 outcomes. 43.23 (e) The board must adopt rules requiring successful 43.24 completion of an examination of general pedagogical knowledge 43.25 and examinations of licensure-specific teaching skills. The 43.26 rules shall be effective on the dates determined by the board 43.27 but not later than September 1, 2001. 43.28 (f) The board must adopt rules requiring teacher educators 43.29 to work directly with elementary or secondary school teachers in 43.30 elementary or secondary schools to obtain periodic exposure to 43.31 the elementary or secondary teaching environment. 43.32 (g) The board must grant licenses to interns and to 43.33 candidates for initial licenses. 43.34 (h) The board must design and implement an assessment 43.35 system which requires a candidate for an initial license and 43.36 first continuing license to demonstrate the abilities necessary 44.1 to perform selected, representative teaching tasks at 44.2 appropriate levels. 44.3 (i) The board must receive recommendations from local 44.4 committees as established by the board for the renewal of 44.5 teaching licenses. 44.6 (j) The board must grant life licenses to those who qualify 44.7 according to requirements established by the board, and suspend 44.8 or revoke licenses pursuant to sections 122A.20 and 214.10. The 44.9 board must not establish any expiration date for application for 44.10 life licenses. 44.11 (k) The board must adopt rules that require all licensed 44.12 teachers who are renewing their continuing license to include in 44.13 their renewal requirements further preparation in the areas of 44.14 using positive behavior interventions and in accommodating, 44.15 modifying, and adapting curricula, materials, and strategies to 44.16 appropriately meet the needs of individual students and ensure 44.17 adequate progress toward the state's graduation rule. 44.18 (l) In adopting rules to license public school teachers who 44.19 provide health-related services for disabled children, the board 44.20 shall adopt rules consistent with license or registration 44.21 requirements of the commissioner of health and the 44.22 health-related boards who license personnel who perform similar 44.23 services outside of the school. 44.24 (m) The board must adopt rules that require all licensed 44.25 teachers who are renewing their continuing license to include in 44.26 their renewal requirements further reading preparation, 44.27 consistent with section 122A.06, subdivision 4. The rules do 44.28 not take effect until they are approved by law. 44.29 (n) The board must adopt rules that require all licensed 44.30 teachers who are renewing their continuing license to include in 44.31 their renewal requirements further preparation in understanding 44.32 the key warning signs of early-onset mental illness in children 44.33 and adolescents. 44.34 Sec. 25. [122A.10] [DOMESTIC ABUSE AND HARASSMENT 44.35 TRAINING.] 44.36 The board of teaching and the board of school 45.1 administrators must require that teachers and school 45.2 administrators, as a part of their ongoing training, receive 45.3 training on child and adolescent sexual abuse, domestic abuse, 45.4 harassment, stalking, and related civil and criminal issues. 45.5 The training must include the following: 45.6 (1) information about the specific needs of victims; 45.7 (2) education on the causes of sexual abuse, family 45.8 violence, harassment, and stalking; 45.9 (3) education on culturally responsive approaches to 45.10 serving victims; and 45.11 (4) education on the impacts of sexual abuse, domestic 45.12 abuse, and abuse allegations on children. 45.13 Sec. 26. Minnesota Statutes 2002, section 123B.143, 45.14 subdivision 1, is amended to read: 45.15 Subdivision 1. [CONTRACT; DUTIES.] (a) All districts 45.16 maintaining a classified secondary school must employ a 45.17 superintendent who shall be an ex officio nonvoting member of 45.18 the school board. The authority for selection and employment of 45.19 a superintendent must be vested in the board in all cases. An 45.20 individual employed by a board as a superintendent shall have an 45.21 initial employment contract for a period of time no longer than 45.22 three years from the date of employment. Any subsequent 45.23 employment contract must not exceed a period of three years. A 45.24 board, at its discretion, may or may not renew an employment 45.25 contract. A board must not, by action or inaction, extend the 45.26 duration of an existing employment contract. Beginning 365 days 45.27 prior to the expiration date of an existing employment contract, 45.28 a board may negotiate and enter into a subsequent employment 45.29 contract to take effect upon the expiration of the existing 45.30 contract. A subsequent contract must be contingent upon the 45.31 employee completing the terms of an existing contract. If a 45.32 contract between a board and a superintendent is terminated 45.33 prior to the date specified in the contract, the board may not 45.34 enter into another superintendent contract with that same 45.35 individual that has a term that extends beyond the date 45.36 specified in the terminated contract. A board may terminate a 46.1 superintendent during the term of an employment contract for any 46.2 of the grounds specified in section 122A.40, subdivision 9 or 13. 46.3 A superintendent shall not rely upon an employment contract with 46.4 a board to assert any other continuing contract rights in the 46.5 position of superintendent under section 122A.40. 46.6 Notwithstanding the provisions of sections 122A.40, subdivision 46.7 10 or 11, 123A.32, 123A.75, or any other law to the contrary, no 46.8 individual shall have a right to employment as a superintendent 46.9 based on order of employment in any district. If two or more 46.10 districts enter into an agreement for the purchase or sharing of 46.11 the services of a superintendent, the contracting districts have 46.12 the absolute right to select one of the individuals employed to 46.13 serve as superintendent in one of the contracting districts and 46.14 no individual has a right to employment as the superintendent to 46.15 provide all or part of the services based on order of employment 46.16 in a contracting district. The superintendent of a district 46.17 shall perform the following: 46.18 (1) visit and supervise the schools in the district, report 46.19 and make recommendations about their condition when advisable or 46.20 on request by the board; 46.21 (2) recommend to the board employment and dismissal of 46.22 teachers; 46.23 (3) superintend school grading practices and examinations 46.24 for promotions; 46.25 (4) make reports required by the commissioner; 46.26 (5) by January 10, submit an annual report to the 46.27 commissioner in a manner prescribed by the commissioner, in 46.28 consultation with school districts, identifying the expenditures 46.29 that the district requires to ensure an 80 percent student 46.30 passage rate on the basic standards test taken in the eighth 46.31 grade, identifying the highest student passage rate the district 46.32 expects it will be able to attain on the basic standards test by 46.33 grade 12, the amount of expenditures that the district requires 46.34 to attain the targeted student passage rate, and how much the 46.35 district is cross-subsidizing programs with special education, 46.36 basic skills, and general education revenue; and 47.1 (6) perform other duties prescribed by the board. 47.2 (b) Notwithstanding section 465.722, the severance pay 47.3 provided for a superintendent leaving employment may not exceed 47.4 the equivalent of one month of wages. Severance pay for a 47.5 superintendent includes: 47.6 (1) benefits or compensation with a quantifiable monetary 47.7 value that are provided for a superintendent upon termination of 47.8 employment and are not part of the superintendent's annual wages 47.9 and benefits; 47.10 (2) payments for accumulated vacation; 47.11 (3) payments for accumulated sick leave; 47.12 (4) payments for accumulated sick leave liquidated to cover 47.13 the cost of group term insurance under section 471.61 to 47.14 retiring employees; and 47.15 (5) payments of periodic contributions by the school 47.16 district toward premiums for group insurance policies. 47.17 [EFFECTIVE DATE.] This section is effective the day 47.18 following final enactment and applies to a superintendent's 47.19 employment contract entered into or modified after that date. 47.20 Sec. 27. Minnesota Statutes 2002, section 123B.90, 47.21 subdivision 2, is amended to read: 47.22 Subd. 2. [STUDENT TRAINING.] (a) Each district must 47.23 provide public school pupils enrolled ingradeskindergarten 47.24 through grade 10 with age-appropriate school bus safety training.47.25The training must be results-oriented and shall consist of both47.26classroom instruction and practical training using a school47.27bus. Upon completing the training, a student shall be able to47.28demonstrate knowledge and understanding, as described in this 47.29 section ofat leastthe followingcompetencies andconcepts: 47.30 (1) transportation by school bus is a privilege and not a 47.31 right; 47.32 (2) district policies for student conduct and school bus 47.33 safety; 47.34 (3) appropriate conduct while on the school bus; 47.35 (4) the danger zones surrounding a school bus; 47.36 (5) procedures for safely boarding and leaving a school 48.1 bus; 48.2 (6) procedures for safe street or road crossing; and 48.3 (7) school bus evacuationand other emergency procedures;48.4and48.5(8) appropriate training on the use of lap belts or lap and48.6shoulder belts, if the district uses buses equipped with lap48.7belts or lap and shoulder belts. 48.8 (b) Each nonpublic school located within the district must 48.9 provide all nonpublic school pupils enrolled ingrades48.10 kindergarten through grade 10 who are transported by school bus 48.11 at public expense and attend school within the district's 48.12 boundaries with training as required in paragraph (a).The48.13school district shall make a bus available for the practical48.14training if the district transports the nonpublic students.48.15Each nonpublic school shall provide the instruction.48.16 (c)AllStudents enrolled ingradeskindergarten through348.17 grade 6 who are transported by school bus and are enrolled 48.18 during the first or second week of school mustdemonstrate48.19achievement ofreceive the school bus safety training 48.20 competencies by the end of the third week of school.All48.21 Students enrolled in grades47 through 10 who are transported 48.22 by school bus and are enrolled during the first or second week 48.23 of school and have not received school bus safety training in 48.24 kindergarten through grade 6 mustdemonstrate achievement48.25ofreceive the competencies by the end of the sixth week of 48.26 school. Students grades 9 and 10 must receive training in the 48.27 laws and proper procedures when operating a motor vehicle in the 48.28 vicinity of a school bus. Students enrolled ingrades48.29 kindergarten through grade 10 who enroll in a school after the 48.30 second week of school and are transported by school bus and have 48.31 not received training in their previous school district shall 48.32 undergo school bus safety trainingand demonstrate achievement48.33of the school bus safety competenciesor receive bus safety 48.34 instructional materials within four weeks of the first day of 48.35 attendance. The school transportation safety director in each 48.36 district must certify to thecommissionersuperintendent of 49.1 schools annually that all students transported by school bus 49.2 within the district havesatisfactorily demonstrated knowledge49.3and understanding ofreceived the school bus safetycompetencies49.4 training according to this sectionor provide an explanation for49.5a student's failure to demonstrate the competencies. The 49.6 principal or other chief administrator of each nonpublic school 49.7 must certify annually to the school transportation safety 49.8 director of the district in which the school is located thatall49.9ofthe school's students transported by school bus at public 49.10 expense have received training according to this section.A49.11district may deny transportation to a student who fails to49.12demonstrate the competencies, unless the student is unable to49.13achieve the competencies due to a disability, or to a student49.14who attends a nonpublic school that fails to provide training as49.15required by this subdivision.49.16 (d) A district and a nonpublic school with students 49.17 transported by school bus at public expensemust, to the extent49.18possible,may provide kindergarten pupils with bus safety 49.19 training before the first day of school. 49.20 (e) A district and a nonpublic school with students 49.21 transported by school bus at public expensemustmay also 49.22 provide student safety education for bicycling and pedestrian 49.23 safety, for students enrolled ingradeskindergarten through 49.24 grade 5. 49.25 (f) A district and a nonpublic school with students 49.26 transported by school bus at public expense must make reasonable 49.27 accommodations for the school bus, bicycle, and pedestrian49.28 safety training of pupils known to speak English as a second 49.29 language and pupils with disabilities. 49.30 (g) The district must provide students enrolled in 49.31 kindergarten through grade 3 school bus safety training twice 49.32 during the school year. 49.33 Sec. 28. Minnesota Statutes 2002, section 123B.90, 49.34 subdivision 3, is amended to read: 49.35 Subd. 3. [MODEL TRAINING PROGRAM.] The commissioner shall 49.36 develop a comprehensive model school bus safety training program 50.1 for pupils who ride the bus that includes bus safety curriculum 50.2 for both classroom and practical instruction, methods for50.3assessing attainment of school bus safety competencies,and 50.4 age-appropriate instructional materials.The model training50.5program for students riding buses with lap belts or lap and50.6shoulder belts must include information on the appropriate use50.7of lap belts or lap and shoulder belts. The program must be50.8adaptable for use by students with disabilities.50.9 Sec. 29. Minnesota Statutes 2002, section 123B.91, 50.10 subdivision 1, is amended to read: 50.11 Subdivision 1. [COMPREHENSIVE POLICY.] (a) Each district 50.12 shall develop and implement a comprehensive, written policy 50.13 governing pupil transportation safety, including transportation 50.14 of nonpublic school students, when applicable. The policy, at 50.15 minimum, must contain: 50.16 (1) provisions for appropriate student bus safety training 50.17 under section 123B.90; 50.18 (2) rules governing student conduct on school buses and in 50.19 school bus loading and unloading areas; 50.20 (3) a statement of parent or guardian responsibilities 50.21 relating to school bus safety; 50.22 (4)provisions for notifying students and parents or50.23guardians of their responsibilities and the rules, including the50.24district's seat belt policy, if applicable;50.25(5)an intradistrict system for reporting school bus 50.26 accidents or misconduct and a system for dealing with local law 50.27 enforcement officials in cases of criminal conduct on a school 50.28 bus; 50.29(6)(5) a discipline policy to address violations of school 50.30 bus safety rules, including procedures for revoking a student's 50.31 bus riding privileges in cases of serious or repeated 50.32 misconduct; 50.33(7)(6) a system for integrating school bus misconduct 50.34 records with other discipline records; 50.35(8) a statement of bus driver duties;50.36(9)(7) where applicable, provisions governing bus monitor 51.1 qualifications, training, and duties; 51.2(10)(8) rules governing the use and maintenance of type 51.3 III vehicles, drivers of type III vehicles, qualifications to 51.4 drive a type III vehicle, qualifications for a type III vehicle, 51.5 and the circumstances under which a student may be transported 51.6 in a type III vehicle; 51.7(11)(9) operating rules and procedures; 51.8(12) provisions for annual bus driver in-service training51.9and evaluation;51.10(13)(10) emergency procedures; 51.11(14)(11) a system for maintaining and inspecting 51.12 equipment; and 51.13(15)(12) any other requirements of the school district, if51.14any, that exceed state law minimum requirements for school bus51.15operations; and51.16(16) requirements for basic first aid training, which must51.17include the Heimlich maneuver and procedures for dealing with51.18obstructed airways, shock, bleeding, and seizures. 51.19 (b) Districts are encouraged to use the model policy 51.20 developed by the Minnesota school boards association, the 51.21 department of public safety, and the department of children, 51.22 families, and learning, as well as the current edition of the 51.23 "National Standards for School Transportation," in developing 51.24 safety policies.Each district shall review its policy annually51.25to ensure that it conforms to law.51.26 Sec. 30. Minnesota Statutes 2002, section 124D.09, 51.27 subdivision 4, is amended to read: 51.28 Subd. 4. [ALTERNATIVE PUPIL.] "Alternative pupil" meansan51.29 a 10th, 11th, or 12th grade student not enrolled in a public 51.30 school district, and includes students attending nonpublic 51.31 schools and students who are home schooled. An alternative 51.32 pupil is considered a pupil for purposes of this section only. 51.33 An alternative pupil must register with the commissioner of 51.34 children, families, and learning before participating in the 51.35 post-secondary enrollment options program. The commissioner 51.36 shall prescribe the form and manner of the registration, in 52.1 consultation with the nonpublic education council under section 52.2 123B.445, and may request any necessary information from the 52.3 alternative pupil. 52.4 [EFFECTIVE DATE.] This section is effective for the 52.5 2003-2004 school year and later. 52.6 Sec. 31. Minnesota Statutes 2002, section 124D.09, 52.7 subdivision 5, is amended to read: 52.8 Subd. 5. [AUTHORIZATION; NOTIFICATION.] Notwithstanding 52.9 any other law to the contrary,ana 10th, 11th, or 12th grade 52.10 pupil enrolled in a school or an American Indian-controlled 52.11 tribal contract or grant school eligible for aid under section 52.12 124D.83, except a foreign exchange pupil enrolled in a district 52.13 under a cultural exchange program, may apply to an eligible 52.14 institution, as defined in subdivision 3, to enroll in 52.15 nonsectarian courses offered by that post-secondary 52.16 institution. If an institution accepts a secondary pupil for 52.17 enrollment under this section, the institution shall send 52.18 written notice to the pupil, the pupil's school or school 52.19 district, and the commissioner within ten days of acceptance. 52.20 The notice must indicate the course and hours of enrollment of 52.21 that pupil. If the pupil enrolls in a course for post-secondary 52.22 credit, the institution must notify the pupil about payment in 52.23 the customary manner used by the institution. 52.24 [EFFECTIVE DATE.] This section is effective for the 52.25 2003-2004 school year and later. 52.26 Sec. 32. Minnesota Statutes 2002, section 124D.09, 52.27 subdivision 7, is amended to read: 52.28 Subd. 7. [DISSEMINATION OF INFORMATION; NOTIFICATION OF 52.29 INTENT TO ENROLL.] By March 1 of each year, a district must 52.30 provide general information about the program to all pupils in 52.31 grades 9, 10, and 11. To assist the district in planning, a 52.32 pupil shall inform the district by March 30 of each year of the 52.33 pupil's intent to enroll in post-secondary courses during the 52.34 following school year. A pupil is not bound by notifying or not 52.35 notifying the district by March 30. 52.36 [EFFECTIVE DATE.] This section is effective for the 53.1 2003-2004 school year and later. 53.2 Sec. 33. Minnesota Statutes 2002, section 124D.09, 53.3 subdivision 8, is amended to read: 53.4 Subd. 8. [LIMIT ON PARTICIPATION.] A pupil who first 53.5 enrolls in grade 10 may not enroll in postsecondary courses 53.6 under this section for secondary credit for more than the 53.7 equivalent of three academic years. A pupil who first enrolls 53.8 in grade 11 may not enroll in post-secondary courses under this 53.9 section for secondary credit for more than the equivalent of two 53.10 academic years. A pupil who first enrolls in grade 12 may not 53.11 enroll in post-secondary courses under this section for 53.12 secondary credit for more than the equivalent of one academic 53.13 year. If a pupil in grade 10, 11, or 12 first enrolls in a 53.14 post-secondary course for secondary credit during the school 53.15 year, the time of participation shall be reduced 53.16 proportionately. If a pupil is in a learning year or other 53.17 year-round program and begins each grade in the summer session, 53.18 summer sessions shall not be counted against the time of 53.19 participation. A pupil who has graduated from high school 53.20 cannot participate in a program under this section. A pupil who 53.21 has completed course requirements for graduation but who has not 53.22 received a diploma may participate in the program under this 53.23 section. 53.24 [EFFECTIVE DATE.] This section is effective for the 53.25 2003-2004 school year and later. 53.26 Sec. 34. Minnesota Statutes 2002, section 124D.09, 53.27 subdivision 9, is amended to read: 53.28 Subd. 9. [ENROLLMENT PRIORITY.] A post-secondary 53.29 institution shall give priority to its post-secondary students 53.30 when enrolling 10th, 11th, and 12th grade pupils in its courses. 53.31 A post-secondary institution may provide information about its 53.32 programs to a secondary school or to a pupil or parent, but it 53.33 may not advertise or otherwise recruit or solicit the 53.34 participation on financial grounds, secondary pupils to enroll 53.35 in its programs. An institution must not enroll secondary 53.36 pupils, for post-secondary enrollment options purposes, in 54.1 remedial, developmental, or other courses that are not college 54.2 level. Once a pupil has been enrolled in a post-secondary 54.3 course under this section, the pupil shall not be displaced by 54.4 another student. 54.5 [EFFECTIVE DATE.] This section is effective for the 54.6 2003-2004 school year and later. 54.7 Sec. 35. Minnesota Statutes 2002, section 124D.10, 54.8 subdivision 20, is amended to read: 54.9 Subd. 20. [LEAVE TO TEACH IN A CHARTER SCHOOL.] If a 54.10 teacher employed by a district makes a written request foran54.11extendeda two-year leave of absence to teach at a charter 54.12 school, the district must grant the leave.The district must54.13grant a leave for any number of years requested by the teacher,54.14and must extend the leave at the teacher's request.The 54.15 district may require that the request for a leaveor extension54.16of leavebe made up to 90 days before the teacher would 54.17 otherwise have to report for duty. Except as otherwise provided 54.18 in this subdivision and except for section 122A.46,subdivision54.19 subdivisions 2, requiring that a leave be at least three but no 54.20 more than five years, and 7, the leave is governed by section 54.21 122A.46, including, but not limited to, reinstatement, notice of 54.22 intention to return, seniority, salary, and insurance. 54.23 During a leave, the teacher may continue to aggregate 54.24 benefits and credits in the teachers' retirement association 54.25 account by paying both the employer and employee contributions 54.26 based upon the annual salary of the teacher for the last full 54.27 pay period before the leave began. The retirement association 54.28 may impose reasonable requirements to efficiently administer 54.29 this subdivision. 54.30 [EFFECTIVE DATE.] This section is effective for the 54.31 2003-2004 school year and later. 54.32 Sec. 36. [125A.091] [ALTERNATIVE DISPUTE RESOLUTION AND 54.33 DUE PROCESS HEARINGS.] 54.34 Subdivision 1. [DISTRICT OBLIGATION.] A school district 54.35 must use the procedures in federal law and state law and rule to 54.36 reach decisions about the identification, evaluation, 55.1 educational placement, manifestation determination, interim 55.2 alternative educational placement, or the provision of a free 55.3 appropriate public education to a child with a disability. 55.4 Subd. 2. [PRIOR WRITTEN NOTICE.] A parent must receive 55.5 prior written notice a reasonable time before the district 55.6 proposes or refuses to initiate or change the identification, 55.7 evaluation, educational placement, or the provision of a free 55.8 appropriate public education to a child with a disability. 55.9 Subd. 3. [CONTENT OF NOTICE.] The notice under subdivision 55.10 2 must: 55.11 (1) describe the action the district proposes or refuses; 55.12 (2) explain why the district proposes or refuses to take 55.13 the action; 55.14 (3) describe any other option the district considered and 55.15 the reason why it rejected the option; 55.16 (4) describe each evaluation procedure, test, record, or 55.17 report the district used as a basis for the proposed or refused 55.18 action; 55.19 (5) describe any other factor affecting the proposal or 55.20 refusal of the district to take the action; 55.21 (6) state that the parent of a child with a disability is 55.22 protected by procedural safeguards and, if this notice is not an 55.23 initial referral for evaluation, how a parent can get a 55.24 description of the procedural safeguards; and 55.25 (7) identify where a parent can get help in understanding 55.26 this law. 55.27 Subd. 4. [UNDERSTANDABLE NOTICE.] (a) The written notice 55.28 under subdivision 2 must be understandable to the general public 55.29 and available in the parent's native language or by another 55.30 communication form, unless it is clearly not feasible to do so. 55.31 (b) If the parent's native language or other communication 55.32 form is not written, the district must take steps to ensure that: 55.33 (1) the notice is translated orally or by other means to 55.34 the parent in the parent's native language or other 55.35 communication form; 55.36 (2) the parent understands the notice; and 56.1 (3) written evidence indicates the requirements in 56.2 subdivision 2 are met. 56.3 Subd. 5. [INITIAL ACTION; PARENT CONSENT.] The district 56.4 must not proceed with the initial evaluation of a child, the 56.5 initial placement of a child in a special education program, or 56.6 the initial provision of special education services for a child 56.7 without the prior written consent of the child's parent. A 56.8 district may not override the written refusal of a parent to 56.9 consent to an initial evaluation or reevaluation. 56.10 Subd. 6. [DISPUTE RESOLUTION PROCESSES; 56.11 GENERALLY.] Parties are encouraged to resolve disputes over the 56.12 identification, evaluation, educational placement, manifestation 56.13 determination, interim alternative educational placement, or the 56.14 provision of a free appropriate public education to a child with 56.15 a disability through conciliation, mediation, facilitated team 56.16 meetings, or other alternative process. All dispute resolution 56.17 options are voluntary on the part of the parent and must not be 56.18 used to deny or delay the right to a due process hearing. All 56.19 dispute resolution processes under this section are provided at 56.20 no cost to the parent. 56.21 Subd. 7. [CONCILIATION CONFERENCE.] A parent must have an 56.22 opportunity to meet with appropriate district staff in at least 56.23 one conciliation conference if the parent objects to any 56.24 proposal of which the parent receives notice under subdivision 2. 56.25 If the parent refuses district efforts to conciliate the 56.26 dispute, the conciliation requirement is satisfied. Following a 56.27 conciliation conference, the district must prepare and provide 56.28 to the parent a conciliation conference memorandum that 56.29 describes the district's final proposed offer of service by the 56.30 district. This memorandum is admissible in evidence in any 56.31 subsequent proceeding. 56.32 Subd. 8. [VOLUNTARY DISPUTE RESOLUTION OPTIONS.] In 56.33 addition to offering at least one conciliation conference, a 56.34 district must inform a parent of other dispute resolution 56.35 processes, including at least mediation and facilitated team 56.36 meetings. The fact that an alternative dispute resolution 57.1 process was used is admissible in evidence at any subsequent 57.2 proceeding. State-provided mediators and team meeting 57.3 facilitators shall not be subpoenaed to testify at a due process 57.4 hearing or civil action under federal special education law nor 57.5 are any records of mediators or state-provided team meeting 57.6 facilitators accessible to the parties. 57.7 Subd. 9. [MEDIATION.] Mediation is a dispute resolution 57.8 process that involves a neutral party provided by the state to 57.9 assist a parent and a district in resolving disputes over the 57.10 identification, evaluation, educational placement, manifestation 57.11 determination, interim alternative educational placement, or the 57.12 provision of a free appropriate public education to a child with 57.13 a disability. A mediation process is available as an informal 57.14 alternative to a due process hearing but must not be used to 57.15 deny or postpone the opportunity of a parent or district to 57.16 obtain a due process hearing. Mediation is voluntary for all 57.17 parties. All mediation discussions are confidential and 57.18 inadmissible in evidence in any subsequent proceeding, unless 57.19 the: 57.20 (1) parties expressly agree otherwise; 57.21 (2) evidence is otherwise available; or 57.22 (3) evidence is offered to prove bias or prejudice of a 57.23 witness. 57.24 Subd. 10. [MEDIATED AGREEMENTS.] Mediated agreements are 57.25 not admissible unless the parties agree otherwise or a party to 57.26 the agreement believes the agreement is not being implemented, 57.27 in which case the aggrieved party may enter the agreement into 57.28 evidence at a due process hearing. The parties may request 57.29 another mediation to resolve a dispute over implementing the 57.30 mediated agreement. After a due process hearing is requested, a 57.31 party may request mediation and the commissioner must provide a 57.32 mediator who conducts a mediation session no later than the 57.33 third business day after the mediation request is made to the 57.34 commissioner. 57.35 Subd. 11. [FACILITATED TEAM MEETING.] A facilitated team 57.36 meeting is an IEP, IFSP, or IIIP team meeting led by an 58.1 impartial state-provided facilitator to promote effective 58.2 communication and assist a team in developing an individualized 58.3 education plan. 58.4 Subd. 12. [IMPARTIAL DUE PROCESS HEARING.] (a) A parent or 58.5 a district is entitled to an impartial due process hearing 58.6 conducted by the state when a dispute arises over the 58.7 identification, evaluation, educational placement, manifestation 58.8 determination, interim alternative educational placement, or the 58.9 provision of a free appropriate public education to a child with 58.10 a disability. The hearing must be held in the district 58.11 responsible for ensuring that a free appropriate public 58.12 education is provided according to state and federal law. The 58.13 proceedings must be recorded and preserved, at state expense, 58.14 pending ultimate disposition of the action. 58.15 (b) The due process hearing must be conducted according to 58.16 the rules of the commissioner and federal law. 58.17 (c) A party in a due process hearing may not raise a claim 58.18 based upon an alleged violation that occurred more than two 58.19 years before the date on which the commissioner received the 58.20 hearing request. 58.21 Subd. 13. [HEARING OFFICER QUALIFICATIONS.] The 58.22 commissioner must appoint an individual who is qualified under 58.23 this subdivision to serve as a hearing officer. The hearing 58.24 officer must: 58.25 (1) be knowledgeable and impartial; 58.26 (2) have no personal interest in or specific involvement 58.27 with the student who is a party to the hearing; 58.28 (3) not have been employed as an administrator by the 58.29 district that is a party to the hearing; 58.30 (4) not have been involved in selecting the district 58.31 administrator who is a party to the hearing; 58.32 (5) have no personal, economic, or professional interest in 58.33 the outcome of the hearing other than properly administering 58.34 federal and state laws, rules, and policies; 58.35 (6) have no substantial involvement in developing state or 58.36 local policies or procedures challenged in the hearing; 59.1 (7) not be a current employee or board member of a 59.2 Minnesota public school district, education district, 59.3 intermediate unit or regional education agency, or the 59.4 department if the department is the service provider; and 59.5 (8) not be a current employee or board member of a 59.6 disability advocacy organization or group. 59.7 Subd. 14. [REQUEST FOR HEARING.] A request for a due 59.8 process hearing must: 59.9 (1) be in writing; 59.10 (2) describe the nature of the issue about providing 59.11 special education services to the student including facts 59.12 relating to the issue; and 59.13 (3) state, to the extent known, the relief sought. 59.14 Any school district administrator receiving a request for a 59.15 due process hearing must immediately forward the request to the 59.16 commissioner. Within two business days of receiving a request 59.17 for a due process hearing, the commissioner must appoint a 59.18 hearing officer. The commissioner must not deny a request for 59.19 hearing because the request is incomplete. A party may 59.20 disqualify a hearing officer only by affirmatively showing 59.21 prejudice or bias to the commissioner or to the chief 59.22 administrative law judge if the hearing officer is an 59.23 administrative law judge. If a party affirmatively shows 59.24 prejudice against a hearing officer, the commissioner must 59.25 assign another hearing officer to hear the matter. 59.26 Subd. 15. [PREHEARING CONFERENCE.] A prehearing conference 59.27 must be held within five business days of the date the 59.28 commissioner appoints the hearing officer. The hearing officer 59.29 must initiate the prehearing conference which may be conducted 59.30 in person, at a location within the district, or by telephone. 59.31 The hearing officer must create a written verbatim record of the 59.32 prehearing conference which is available to either party upon 59.33 request. At the prehearing conference, the hearing officer must: 59.34 (1) identify the questions that must be answered to resolve 59.35 the dispute and eliminate claims and complaints that are without 59.36 merit; 60.1 (2) set a scheduling order for the hearing and additional 60.2 prehearing activities; 60.3 (3) determine if the hearing can be disposed of without an 60.4 evidentiary hearing and, if so, establish the schedule and 60.5 procedure for doing so; and 60.6 (4) establish the management, control, and location of the 60.7 hearing to ensure its fair, efficient, and effective disposition. 60.8 Subd. 16. [BURDEN OF PROOF.] The burden of proof at a due 60.9 process hearing is on the district to demonstrate, by a 60.10 preponderance of the evidence, that it is complying with the law 60.11 and offered or provided a free appropriate public education to 60.12 the child in the least restrictive environment. If the district 60.13 has not offered or provided a free appropriate public education 60.14 in the least restrictive environment and the parent wants the 60.15 district to pay for a private placement, the burden of proof is 60.16 on the parent to demonstrate, by a preponderance of the 60.17 evidence, that the private placement is appropriate. 60.18 Subd. 17. [ADMISSIBLE EVIDENCE.] The hearing officer may 60.19 admit all evidence that possesses probative value, including 60.20 hearsay, if it is the type of evidence on which reasonable, 60.21 prudent persons are accustomed to rely in conducting their 60.22 serious affairs. The hearing officer must give effect to the 60.23 rules of privilege recognized by law and exclude evidence that 60.24 is incompetent, irrelevant, immaterial, or unduly repetitious. 60.25 Subd. 18. [HEARING OFFICER AUTHORITY.] (a) A hearing 60.26 officer must limit an impartial due process hearing to the time 60.27 sufficient for each party to present its case. 60.28 (b) A hearing officer must establish and maintain control 60.29 and manage the hearing. This authority includes, but is not 60.30 limited to: 60.31 (1) requiring attorneys representing parties at the 60.32 hearing, after notice and an opportunity to be heard, to pay 60.33 court reporting and hearing officer costs, or fines payable to 60.34 the state, for failing to: (i) obey scheduling or prehearing 60.35 orders, (ii) appear, (iii) be prepared, or (iv) participate in 60.36 the hearing process in good faith; 61.1 (2) administering oaths and affirmations; 61.2 (3) issuing subpoenas; 61.3 (4) determining the responsible and providing districts and 61.4 joining those districts, if not already notified, in the 61.5 proceedings; 61.6 (5) making decisions involving identification, evaluation, 61.7 educational placement, manifestation determination, interim 61.8 alternative educational placement, or the provision of a free 61.9 appropriate public education to a child with a disability; and 61.10 (6) ordering an independent educational evaluation of a 61.11 child at district expense. 61.12 Subd. 19. [EXPEDITED DUE PROCESS HEARINGS.] A parent has 61.13 the right to an expedited due process hearing when there is a 61.14 dispute over a manifestation determination or a proposed or 61.15 actual placement in an interim alternative educational setting. 61.16 A district has the right to an expedited due process hearing 61.17 when proposing or seeking to maintain placement in an interim 61.18 alternative educational setting. A hearing officer must hold an 61.19 expedited due process hearing and must issue a decision within 61.20 ten calendar days of the request for a hearing. A hearing 61.21 officer may extend by up to five additional calendar days the 61.22 time for issuing a decision in an expedited due process 61.23 hearing. All policies in this section apply to expedited due 61.24 process hearings to the extent they do not conflict with federal 61.25 law. 61.26 Subd. 20. [HEARING OFFICER'S DECISION; TIME PERIOD.] (a) 61.27 The hearing officer must issue a decision within 45 calendar 61.28 days of the date on which the commissioner receives the hearing 61.29 request. A hearing officer is encouraged to accelerate the time 61.30 line to 30 days for a child under the age of three whose needs 61.31 change rapidly and who requires quick resolution of a dispute. 61.32 A hearing officer may not extend the time beyond the 45-day 61.33 period unless requested by either party for good cause shown on 61.34 the record. Extensions of time must not exceed a total of 30 61.35 calendar days unless both parties and the hearing officer agree 61.36 or time is needed to complete an independent educational 62.1 evaluation. Good cause includes, but is not limited to, the 62.2 time required for mediation or other settlement discussions, 62.3 independent educational evaluation, complexity and volume of 62.4 issues, or finding or changing counsel. 62.5 (b) The hearing officer's decision must: 62.6 (1) be in writing; 62.7 (2) state the controlling and material facts upon which the 62.8 decision is made in order to apprise the reader of the basis and 62.9 reason for the decision; and 62.10 (3) be based on local standards, state statute, the rules 62.11 of the commissioner, and federal law. 62.12 Subd. 21. [COMPENSATORY EDUCATIONAL SERVICES.] The hearing 62.13 officer may require the resident or responsible district to 62.14 provide compensatory educational services to the child if the 62.15 hearing officer finds that the district has not offered or made 62.16 available to the child a free appropriate public education in 62.17 the least restrictive environment and the child suffered a loss 62.18 of educational benefit. Such services take the form of direct 62.19 and indirect special education and related services designed to 62.20 address any loss of educational benefit that may have occurred. 62.21 The hearing officer's finding must be based on a present 62.22 determination of whether the child has suffered a loss of 62.23 educational benefit. 62.24 Subd. 22. [CHILD'S EDUCATIONAL PLACEMENT DURING A DUE 62.25 PROCESS HEARING.] (a) Until a due process hearing under this 62.26 section is completed or the district and the parent agree 62.27 otherwise, the child must remain in the child's current 62.28 educational placement and must not be denied initial admission 62.29 to school. 62.30 (b) Until an expedited due process hearing challenging an 62.31 interim alternative educational placement is completed, the 62.32 child must remain in the interim alternative educational setting 62.33 until the decision of the hearing officer or the expiration of 62.34 the 45 days permitted for an interim alternative educational 62.35 setting, whichever occurs first, unless the parent and district 62.36 agree otherwise. 63.1 Subd. 23. [IMPLEMENTATION OF HEARING OFFICER ORDER.] (a) 63.2 That portion of a hearing officer's decision granting relief 63.3 requested by the parent must be implemented upon issuance. 63.4 (b) Except as provided under paragraph (a) or the district 63.5 and parent agree otherwise, following a hearing officer's 63.6 decision granting relief requested by the district, the child 63.7 must remain in the current educational placement until the time 63.8 to request judicial review under subdivision 24 expires or, if 63.9 judicial review is requested, at the time the Minnesota court of 63.10 appeals or the federal district court issues its decision, 63.11 whichever is later. 63.12 Subd. 24. [REVIEW OF HEARING OFFICER DECISIONS.] The 63.13 parent or district may seek review of the hearing officer's 63.14 decision in the Minnesota court of appeals or in the federal 63.15 district court, consistent with federal law. A party must 63.16 appeal to the Minnesota court of appeals within 60 days of 63.17 receiving the hearing officer's decision. 63.18 Subd. 25. [ENFORCEMENT OF ORDERS.] The commissioner must 63.19 monitor final hearing officer decisions and ensure enforcement 63.20 of hearing officer orders. 63.21 Subd. 26. [HEARING OFFICER AND PERSON CONDUCTING 63.22 ALTERNATIVE DISPUTE RESOLUTION ARE STATE EMPLOYEES.] A hearing 63.23 officer or person conducting alternative dispute resolution 63.24 under this section is an employee of the state under section 63.25 3.732 for purposes of section 3.736 only. 63.26 Subd. 27. [HEARING OFFICER TRAINING.] A hearing officer 63.27 must participate in training and follow procedures established 63.28 by the commissioner. 63.29 Sec. 37. Minnesota Statutes 2002, section 127A.05, 63.30 subdivision 1, is amended to read: 63.31 Subdivision 1. [APPOINTMENT AND DUTIES.] The department 63.32 shall be under the administrative control of the commissioner of 63.33children, families, and learningeducation which office is 63.34 established. The governor shall appoint the commissioner under 63.35 the provisions of section 15.06. 63.36 The commissioner shall be a person who possesses 64.1 educational attainment and breadth of experience in the 64.2 administration of public education and of the finances 64.3 pertaining thereto commensurate with the spirit and intent of 64.4 this code. Notwithstanding any other law to the contrary, the 64.5 commissioner may appoint two deputy commissioners who shall 64.6 serve in the unclassified service. The commissioner shall also 64.7 appoint other employees as may be necessary for the organization 64.8 of the department. The commissioner shall perform such duties 64.9 as the law and rules may provide and be held responsible for the 64.10 efficient administration and discipline of the department. The 64.11 commissioner is charged with the execution of powers and duties 64.12 to promote public education in the state and to safeguard the 64.13 finances pertaining thereto. 64.14 Sec. 38. Minnesota Statutes 2002, section 127A.05, 64.15 subdivision 3, is amended to read: 64.16 Subd. 3. [GENERAL SUPERVISION OVER PUBLIC SCHOOLS AND 64.17 EDUCATIONAL AGENCIES.] The commissioner ofchildren, families,64.18and learningeducation shall adopt goals for and exercise 64.19 general supervision over public schools and public educational 64.20 agencies in the state, classify and standardize public 64.21 elementary and secondary schools, and prepare for them outlines 64.22 and suggested courses of study. The commissioner shall develop 64.23 a plan to attain the adopted goals. The commissioner may 64.24 recognize educational accrediting agencies for the sole purposes 64.25 of sections 120A.22, 120A.24, and 120A.26. 64.26 Sec. 39. Minnesota Statutes 2002, section 169.28, 64.27 subdivision 1, is amended to read: 64.28 Subdivision 1. [STOP REQUIRED.] (a) The driver of any 64.29 motor vehicle carrying passengers for hire, or of any school bus 64.30 whether carrying passengers or not, or of any Head Start bus 64.31 whether carrying passengers or not, or of any vehicle that is 64.32 required to stop at railroad grade crossings under Code of 64.33 Federal Regulations, title 49, section 392.10, before crossing 64.34 at grade any track or tracks of a railroad, shall stop the 64.35 vehicle not less than 15 feet nor more than 50 feet from the 64.36 nearest rail of the railroad and while so stopped shall listen 65.1 and look in both directions along the track for any approaching 65.2 train, and for signals indicating the approach of a train, 65.3 except as hereinafter provided, and shall not proceed until safe 65.4 to do so. The driver must not shift gears while crossing the 65.5 railroad tracks. 65.6 (b) A school bus or Head Start bus shall not be flagged 65.7 across railroad grade crossings except at those railroad grade 65.8 crossings that the local school administrative officer may 65.9 designate. 65.10 (c) A type III school bus, as defined in section 169.01, is 65.11 exempt from the requirement of school buses to stop at railroad 65.12 grade crossings. 65.13 Sec. 40. Minnesota Statutes 2002, section 169.4503, 65.14 subdivision 4, is amended to read: 65.15 Subd. 4. [CERTIFICATION.] A body manufacturer, school bus 65.16 dealer, or certified Minnesota commercial vehicle inspector who 65.17 is also an employee of an organization purchasing a school bus 65.18 shall certify to the department of public safety that the 65.19 product meets Minnesota standards. 65.20 Sec. 41. Minnesota Statutes 2002, section 169.454, 65.21 subdivision 6, is amended to read: 65.22 Subd. 6. [IDENTIFICATION.](a)The vehicle must not have 65.23 the words "school bus" in any location on the exterior of the 65.24 vehicle, or in any interior location visible to a motorist. 65.25(b) The vehicle must display to the rear of the vehicle65.26this sign: "VEHICLE STOPS AT RR CROSSINGS."65.27(c) The lettering (except for "AT," which may be one inch65.28smaller) must be a minimum two-inch "Series D" as specified in65.29standard alphabets for highway signs as specified by the Federal65.30Highway Administration. The printing must be in a color giving65.31a marked contrast with that of the part of the vehicle on which65.32it is placed.65.33(d) The sign must have provisions for being covered, or be65.34of a removable or fold-down type.65.35 Sec. 42. Minnesota Statutes 2002, section 171.321, 65.36 subdivision 5, is amended to read: 66.1 Subd. 5. [ANNUAL EVALUATION AND LICENSE VERIFICATION.] (a) 66.2A school district's pupil transportation safety director, the66.3chief administrator of a nonpublic school, or a private66.4contractor shall certify annually to the school board or66.5governing board of a nonpublic school that, at minimum, each66.6school bus driver meets the school bus driver training66.7competencies under subdivision 4.A school district, nonpublic 66.8 school, or private contractoralsoshall provide in-service 66.9 training annually to each school bus driver. 66.10 (b) A school district, nonpublic school, or private 66.11 contractor shall annually verify the validity of the driver's 66.12 license of each person who transports students for the district 66.13 with the National Drivers Register or with the department of 66.14 public safety. 66.15 Sec. 43. [174.11] [SAFE ROUTE TO SCHOOL PROGRAMS.] 66.16 Subdivision 1. [DEFINITION.] For purposes of this section, 66.17 a "safe routes to school program" is a program developed and 66.18 implemented by a school district that uses highway improvements, 66.19 student and public education, highway safety measures, or 66.20 traffic control measures and devices, or any combination 66.21 thereof, to enhance the safety of students walking or bicycling 66.22 to school. 66.23 Subd. 2. [GRANT PROGRAM; USE OF FEDERAL ENHANCEMENT 66.24 FUNDS.] The commissioner of transportation shall expend not less 66.25 than five percent of funds made available to the commissioner 66.26 each fiscal year from the federal highway administration and 66.27 designated for transportation enhancements as a grant to the 66.28 Minnesota safety council to be spent as grants to school 66.29 districts for safe routes to school programs. 66.30 Subd. 3. [CONDITIONS OF GRANT.] The commissioner shall 66.31 require as a condition of the grant each year that: 66.32 (1) the Minnesota safety council spend at least 95 percent 66.33 of the money it receives under this section each year as grants 66.34 to school districts; 66.35 (2) that the council award grants only under a competitive 66.36 process open to all school districts in the state; and 67.1 (3) that the council award grants on the basis of (i) 67.2 severity of the safety problems being addressed, (ii) number of 67.3 students affected, (iii) extent of involvement of students, 67.4 parents, teachers, local transportation authorities, law 67.5 enforcement agencies, and school officials in the development of 67.6 the program, (iv) effectiveness of the program in addressing 67.7 safety problems, and (v) effectiveness of the program in 67.8 increasing walking and bicycling to school. 67.9 Sec. 44. Minnesota Statutes 2002, section 626.8451, 67.10 subdivision 1a, is amended to read: 67.11 Subd. 1a. [TRAINING COURSE; CRIMES OF VIOLENCE.] In 67.12 consultation with the crime victim and witness advisory council 67.13 and the school of law enforcement, the board shall prepare a 67.14 training course, including continuing education, to assist peace 67.15 officers in responding to crimes of violence and to enhance 67.16 peace officer sensitivity in interacting with and assisting 67.17 crime victims. For purposes of this course, child and 67.18 adolescent sexual abuse, domestic abuse, harassment, and 67.19 stalking crimes are "crimes of violence." The course must 67.20 include information about: 67.21 (1) the needs of victims of these crimes and the most 67.22 effective and sensitive way to meet those needs or arrange for 67.23 them to be met; 67.24 (2) the extent and causes of crimes of violence, including 67.25 domestic abuse, physical and sexual abuse, physical violence, 67.26 harassment and stalking, and neglect; 67.27 (3) the identification of crimes of violence and patterns 67.28 of violent behavior; and 67.29 (4) culturally responsive approaches to dealing with 67.30 victims and perpetrators of violence. 67.31 Sec. 45. [PILOT PROJECT TO EVALUATE PARENT INVOLVEMENT 67.32 POLICIES AND STRATEGIES.] 67.33 Subdivision 1. [DISTRICT AND SCHOOL SITE POLICY 67.34 EVALUATION.] A school board may elect to participate in a 67.35 two-year pilot project to evaluate parent involvement policies 67.36 and strategies in the district and in school sites, with the 68.1 goal of improving the academic achievement of all students 68.2 within the district, including at-risk students. Participating 68.3 districts and school sites must establish parent involvement 68.4 review committees consistent with subdivision 2, and may adapt 68.5 the parent involvement policy and process described in United 68.6 States Code, title 20, section 6319, for purposes consistent 68.7 with this project. 68.8 Subd. 2. [PARENT INVOLVEMENT REVIEW COMMITTEES.] A school 68.9 board electing to participate and interested school sites within 68.10 that district must establish a parent involvement review 68.11 committee or expand the purview of an existing committee 68.12 composed of a majority of parents. The committees must evaluate 68.13 the effectiveness of district and school site programs and 68.14 strategies intended to provide all parents with meaningful 68.15 opportunities to participate in the process of educating 68.16 students. The committees, among other things, may evaluate the 68.17 operation of the instruction and curriculum advisory committee 68.18 or building team under Minnesota Statutes, section 120B.11, or 68.19 parent involvement programs developed under Minnesota Statutes, 68.20 section 124D.895. A majority of committee members must be 68.21 parents of students enrolled in the district or school site, if 68.22 applicable. The committee also must include teachers employed 68.23 by the district and who teach at a school site, if applicable. 68.24 A district must assist participating school sites at the request 68.25 of the school site. 68.26 Subd. 3. [NOTICE OF PARTICIPATION; NOTICE TO PARENTS.] (a) 68.27 A school board electing to participate under this section must 68.28 notify the commissioner of children, families, and learning of 68.29 its participation and the participation of interested school 68.30 sites on a form supplied by the commissioner. The commissioner 68.31 may assist participating districts and school sites at the 68.32 request of the district or school site. 68.33 (b) Participating school districts must transmit timely 68.34 effective notice of this project to parent organizations 68.35 throughout the district and to parents of children enrolled in 68.36 district schools. 69.1 Subd. 4. [REPORT.] Participating districts and school 69.2 sites must report the findings of the evaluation and related 69.3 recommendations annually by March 1 to the school board, which 69.4 shall transmit a summary of the findings and recommendations to 69.5 the commissioner. Information the commissioner receives under 69.6 this subdivision may be used to modify guidelines and model 69.7 plans for parent involvement programs under Minnesota Statutes, 69.8 section 124D.895. 69.9 [EFFECTIVE DATE.] This section is effective the day 69.10 following final enactment and applies to the 2003-2004 and 69.11 2004-2005 school years. 69.12 Sec. 46. [RECOMMENDATIONS ON HIGH EDUCATIONAL STANDARDS.] 69.13 (a) The commissioner of children, families, and learning, 69.14 after consulting with stakeholders under paragraph (b), must 69.15 provide written recommendations to the legislature by February 69.16 1, 2004, that indicate: 69.17 (1) whether to include high school assessment results on 69.18 student transcripts; 69.19 (2) what cut-scores on high school reading and mathematics 69.20 assessments indicate that remedial instruction in the state's 69.21 two-year higher education institutions is unneeded; 69.22 (3) the extent to which successful district programs 69.23 developed under the profile of learning may be incorporated into 69.24 state standards developed under this act; 69.25 (4) how best to integrate content with application, 69.26 critical reasoning and higher-order thinking into state 69.27 standards developed under this act; 69.28 (5) how to effectively assist teachers in formulating 69.29 curriculum for classroom instruction consistent with state 69.30 standards developed under this act; and 69.31 (6) what local assessments might best measure student 69.32 learning consistent with teachers' classroom instruction and 69.33 state standards developed under this act. 69.34 (b) The commissioner must consult with at least the 69.35 following stakeholders when developing recommendations under 69.36 paragraph (a): 70.1 (1) parents of school-age children and members of the 70.2 public throughout the state; 70.3 (2) teachers throughout the state currently licensed and 70.4 providing instruction in one of the five learning areas under 70.5 Minnesota Statutes, section 120B.0013, and secondary school 70.6 administrators throughout the state currently administrating a 70.7 school site; 70.8 (3) currently serving members of local school boards and 70.9 charter school boards throughout the state; 70.10 (4) faculty at Minnesota's postsecondary institutions 70.11 providing instruction related to one of the five learning areas 70.12 under Minnesota Statutes, section 120B.0013; 70.13 (5) representatives of Minnesota's business community; and 70.14 (6) nationally recognized experts on state development of 70.15 high educational standards. 70.16 [EFFECTIVE DATE.] This section is effective the day 70.17 following final enactment. 70.18 Sec. 47. [LEGISLATIVE APPROVAL OF PROPOSED RULES 70.19 ESTABLISHING REQUIRED AND OPTIONAL STATE STANDARDS; INTERIM 70.20 STANDARDS.] 70.21 (a) To fulfill the obligation of the legislature to pursue 70.22 educational excellence for all Minnesota citizens, the 70.23 commissioner of children, families, and learning must present to 70.24 the committees of the legislature charged with oversight of 70.25 kindergarten through grade 12 education policy and kindergarten 70.26 through grade 12 education funding all proposed rules and all 70.27 proposed amendments to or repeals of existing rules under 70.28 Minnesota Statutes, section 120B.0112. The commissioner may not 70.29 adopt new rules nor amend or repeal existing rules under 70.30 Minnesota Statutes, section 120B.0012, without specific 70.31 legislative authorization. 70.32 (b) To the extent that state standards in English, 70.33 mathematics, science, social studies, or arts and literature are 70.34 not fully implemented according to the terms of this act, 70.35 schools, school districts, and charter schools must continue to 70.36 provide the instruction required under Minnesota Statutes 2002, 71.1 section 120A.22, subdivision 9, and applicable federal law until 71.2 these standards are fully implemented. 71.3 [EFFECTIVE DATE.] This section is effective the day 71.4 following final enactment. 71.5 Sec. 48. [DEPARTMENT RESPONSIBILITY.] 71.6 By January 1, 2004, the commissioner of education must 71.7 adopt rules that: 71.8 (1) establish criteria for selecting hearing officers, the 71.9 standards of conduct to which a hearing officer must adhere, and 71.10 a process to evaluate the hearing system; 71.11 (2) ensure that appropriately trained and knowledgeable 71.12 persons conduct due process hearings in compliance with federal 71.13 law; and 71.14 (3) create standards for expedited due process hearings 71.15 under federal law. 71.16 By March 1, 2004, the commissioner of education must 71.17 develop and make available a notice for participants in 71.18 state-provided dispute resolution processes that informs 71.19 participants of their rights concerning dispute resolution. 71.20 Sec. 49. [AT-LARGE SCHOOL BOARD MEMBERS; INDEPENDENT 71.21 SCHOOL DISTRICT NO. 709, DULUTH.] 71.22 (a) Notwithstanding Laws 1969, chapter 698, or other law to 71.23 the contrary, the school board for independent school district 71.24 No. 709, Duluth, may by resolution reduce from five to three the 71.25 number of at-large school board members. 71.26 (b) If the school board adopts the resolution under 71.27 paragraph (a), for the November 2003 election and each four 71.28 years thereafter, the three positions of those members elected 71.29 at large whose terms expire on December 31, 2003, shall be 71.30 reduced to one member elected at large. 71.31 (c) Nothing in this section prevents a member of the school 71.32 board on the effective date of this act who is otherwise 71.33 qualified from running for reelection upon the expiration of 71.34 that member's term. 71.35 [EFFECTIVE DATE.] This section is effective the day 71.36 following final enactment. 72.1 Sec. 50. [REGIONAL BARGAINING STUDY.] 72.2 The commissioner of children, families and learning must 72.3 convene an advisory group composed of representatives of the 72.4 bureau of mediation services, Education Minnesota, the Minnesota 72.5 rural education association, the Minnesota school boards 72.6 association, and the Minnesota association of school 72.7 administrators, and a member of the majority party and the 72.8 minority party in the state house appointed by the speaker of 72.9 the house and a member of the majority party and the minority 72.10 party in the state senate appointed by the subcommittee on 72.11 committees to develop recommendations on establishing a regional 72.12 bargaining system for Minnesota's school employees. The 72.13 advisory group must consider at least the following issues in 72.14 developing its recommendations on how best to: 72.15 (1) ensure a high quality education program for all 72.16 students; 72.17 (2) structure a funding mechanism to provide a regional 72.18 administrative entity with sufficient revenue that gives all 72.19 students access to a high quality education program; 72.20 (3) structure a single bargaining unit per region for each 72.21 classification of employees that is consistent with PELRA; 72.22 (4) ensure both equity and parity in compensation, 72.23 including employee wages and retirement and other benefits, so 72.24 that employees' compensation is not reduced or kept at a fixed 72.25 level; 72.26 (5) create a regional bargaining system that maintains 72.27 employee positions and does not reduce the number of district 72.28 employees except through employee attrition; and 72.29 (6) allow the exclusive representative of each 72.30 classification of employees for a single regional bargaining 72.31 unit and the regional employer to collectively bargain specific 72.32 terms and conditions of employment. 72.33 The commissioner by January 15, 2004, must present the 72.34 written recommendations of the advisory group, including 72.35 recommendations for statutory changes, to the committees of the 72.36 legislature having oversight of early childhood through grade 12 73.1 education policy and funding. 73.2 [EFFECTIVE DATE.] This section is effective the day 73.3 following final enactment. 73.4 Sec. 51. [REVISOR INSTRUCTION.] 73.5 (a) In Minnesota Statutes, the revisor shall renumber 73.6 section 119A.02, subdivision 2, as 120A.02, paragraph (a), and 73.7 section 120A.02 as 120A.02, paragraph (b). 73.8 (b) In Minnesota Statutes and Minnesota Rules, the revisor 73.9 shall change the term "children, families, and learning" to 73.10 "education." 73.11 Sec. 52. [REPEALER.] 73.12 Minnesota Statutes 2002, sections 119A.01, subdivision 1; 73.13 123B.90, subdivision 1; and 169.441, subdivision 4, are repealed. 73.14 ARTICLE 13 73.15 CONSTITUTIONAL AMENDMENT 73.16 Section 1. [CONSTITUTIONAL AMENDMENT PROPOSED.] 73.17 An amendment to the Minnesota Constitution is proposed to 73.18 the people. If the amendment is adopted, article XIII, section 73.19 1, will read: 73.20 Sec. 2. The stability of a republican form of government 73.21 depending mainly upon the intelligence of the people, it is the 73.22 duty of the legislature to establish a general and uniform 73.23 system of public schools and provide for the development and 73.24 education of young children through age 5. The legislature 73.25 shall make such provisions by taxation or otherwise as will 73.26 secure a thorough and efficient system of public schools and 73.27 early childhood development and education throughout the state. 73.28 Sec. 3. [SUBMISSION TO VOTERS.] 73.29 The proposed amendment must be submitted to the people at 73.30 the 2004 general election. The question submitted shall be: 73.31 "Shall the Minnesota Constitution be amended to require the 73.32 state to provide for early childhood development and education? 73.33 Yes ....... 73.34 No ........"