HF 1751

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; modifying career and technical
levy; providing for rulemaking; appropriating money;
amending Minnesota Statutes 2004, section 126C.457;
proposing coding for new law in Minnesota Statutes,
chapter 124D.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [124D.4531] CAREER AND TECHNICAL LEVY.
new text end

new text begin Subdivision 1. new text end

new text begin Career and technical levy. new text end

new text begin (a) A district
with a career and technical program approved under this section
for the fiscal year in which the levy is certified may levy an
amount equal to the lesser of:
new text end

new text begin (1) $80 times the district's average daily membership in
grades 10 through 12 for the fiscal year in which the levy is
certified; or
new text end

new text begin (2) 25 percent of approved expenditures in the fiscal year
in which the levy is certified for the following:
new text end

new text begin (i) salaries paid to essential, licensed personnel
providing direct instructional services to students in that
fiscal year for services rendered in the district's approved
career and technical education programs;
new text end

new text begin (ii) contracted services provided by a public or private
agency other than a Minnesota school district or cooperative
center under subdivision 7;
new text end

new text begin (iii) necessary travel between instructional sites by
licensed career and technical education personnel;
new text end

new text begin (iv) necessary travel by licensed career and technical
education personnel for vocational student organization
activities held within the state for instructional purposes;
new text end

new text begin (v) curriculum development activities that are part of a
five-year plan for improvement based on program assessment;
new text end

new text begin (vi) necessary travel by licensed career and technical
education personnel for noncollegiate credit-bearing
professional development; and
new text end

new text begin (vii) specialized vocational instructional supplies.
new text end

new text begin (b) Up to ten percent of a district's career and technical
levy may be spent on equipment purchases. Districts using the
career and technical levy for equipment purchases must report to
the department on the improved learning opportunities for
students that result from the investment in equipment.
new text end

new text begin (c) The district must recognize the full amount of this
levy as revenue for the fiscal year in which it is certified.
new text end

new text begin Subd. 2. new text end

new text begin Allocation from cooperative centers and
intermediate districts. new text end

new text begin For purposes of this section, a
cooperative center or an intermediate district must allocate its
approved expenditures for career and technical education
programs among participating districts.
new text end

new text begin Subd. 3. new text end

new text begin Levy guarantee. new text end

new text begin Notwithstanding subdivision 1,
the career and technical education levy for a district is not
less than the lesser of:
new text end

new text begin (1) the district's career and technical education levy
authority for the previous fiscal year; or
new text end

new text begin (2) 100 percent of the approved expenditures for career and
technical programs included in subdivision 1, paragraph (b), for
the fiscal year in which the levy is certified.
new text end

new text begin Subd. 4. new text end

new text begin Compliance with rules. new text end

new text begin (a) Levy authority must
be granted under this section only for services rendered or for
costs incurred in career and technical education programs
approved by the commissioner and operated in accordance with
rules adopted by the commissioner. The rules must not require
any minimum number of administrative staff, any minimum period
of coordination time or extended employment for career and
technical education personnel, or the availability of vocational
student activities or organizations for a career and technical
education program to qualify for this levy. Levy authority
shall be granted only for services rendered and for costs
incurred by essential, licensed personnel, or approved
paraprofessionals who meet the requirements for licensure
pursuant to the rules of the Minnesota Board of Teaching.
new text end

new text begin For the purposes of this paragraph, "licensed personnel"
means persons holding a valid career and technical license
issued by the commissioner. If an average of five or fewer
secondary full-time equivalent students are enrolled per teacher
in an approved postsecondary program at Intermediate District
No. 287, 916, or 917, "licensed personnel" means persons holding
a valid vocational license issued by the commissioner or the
Board of Trustees of the Minnesota State Colleges and
Universities.
new text end

new text begin (b) Notwithstanding section 127A.42, the commissioner may
modify or withdraw the program or levy authority under this
section without proceeding under section 127A.42, at any time.
To do so, the commissioner must determine that the program does
not comply with rules of the Department of Education or that any
facts concerning the program or its budget differ from the facts
in the district's approved application.
new text end

new text begin Subd. 5. new text end

new text begin Limit. new text end

new text begin The commissioner may reduce the levy
under this section for a career and technical education program
that receives funds from any other source. A district or center
must not receive a total amount of levy authority pursuant to
this section which, when added to funds from other sources, will
provide the program an amount for salaries and travel which
exceeds 100 percent of the amount of its expenditures for
salaries and travel in the program.
new text end

new text begin Subd. 6. new text end

new text begin Levy for contracted services. new text end

new text begin In addition to
the provisions of subdivisions 4 and 5, a school district or
cooperative center may contract with a public or private agency
other than a Minnesota school district or cooperative center for
the provision of career and technical education services. The
commissioner must adopt rules relating to program approval
procedures and criteria for these contracts and levy authority
must be granted only for contracts approved by the
commissioner. The district or cooperative center contracting
for these services must be construed to be providing the
services.
new text end

new text begin Subd. 7. new text end

new text begin District reports. new text end

new text begin Each district or cooperative
center must report data to the department for all career and
technical education programs as required by the department to
implement the career and technical levy formula.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxes
payable in 2008.
new text end

Sec. 2.

Minnesota Statutes 2004, section 126C.457, is
amended to read:

126C.457 CAREER AND TECHNICAL LEVY.

new text begin For taxes payable in 2006 and 2007, new text end a school district may
levy an amount equal to the greater of (1) $10,000, or (2) the
district's fiscal year 2001 entitlement for career and technical
aid under Minnesota Statutes 2000, section 124D.453. The
district must recognize the full amount of this levy as revenue
for the fiscal year in which it is certified. Revenue received
under this section must be reserved and used only for career and
technical programs.

Sec. 3. new text begin CAREER AND TECHNICAL EDUCATION PROGRAM RULES.
new text end

new text begin By January 1, 2007, the commissioner of education must
adopt rules for approval of career and technical education
programs consistent with Minnesota Statutes, section 124D.4531,
subdivisions 4 and 6, that emphasize emerging workforce skills.
Program approval for fiscal year 2008 and later must be based on
the rules.
new text end

Sec. 4. new text begin APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Department. new text end

new text begin The sums indicated in this
section are appropriated from the general fund to the Department
of Education for the fiscal years designated.
new text end

new text begin Subd. 2. new text end

new text begin Career and technical education grants. new text end

new text begin For
career and technical education grants:
new text end

new text begin $1,000,000 new text end new text begin ..... new text end new text begin 2006
new text end

new text begin $1,000,000 new text end new text begin ..... new text end new text begin 2007
new text end

new text begin This appropriation is for grants to school districts to
establish emerging technology demonstration programs for
students in grades 7 through 9. The commissioner shall
prescribe the form and manner of grant applications, and shall
make up to 20 grant awards each year of the biennium. The grant
award process must take into consideration regional
distribution, district instructional history with emerging
technologies, plans to link the program with high school
emerging technology programs, ability to provide local matching
funds, and plans to serve as a demonstration program.
new text end

new text begin Any balance in the first year does not cancel but is
available in the second year. This is a onetime appropriation.
new text end