1.1 A bill for an act
1.2 relating to education; providing for kindergarten
1.3 through grade 12 education, including general
1.4 education, academic excellence, special programs,
1.5 facilities, technical and conforming amendments, and
1.6 science and social studies academic standards;
1.7 providing for rulemaking; amending Minnesota Statutes
1.8 2002, sections 13.321, subdivision 1; 120B.35, by
1.9 adding a subdivision; 121A.22, subdivision 2; 121A.34,
1.10 by adding subdivisions; 121A.45, subdivision 3;
1.11 122A.16; 122A.20, subdivision 2; 123A.442, subdivision
1.12 2; 123A.443, subdivision 4; 123A.55; 123B.195;
1.13 123B.53, subdivision 6; 123B.58, subdivision 2;
1.14 123B.76, by adding a subdivision; 123B.82; 124D.19,
1.15 subdivision 11; 124D.68, subdivision 3; 125A.023,
1.16 subdivision 3; 125A.03; 125A.07; 125A.46; 127A.47,
1.17 subdivision 3; 168.012, subdivision 10; 169.01,
1.18 subdivisions 6, 75; 169.442, subdivisions 1, 5;
1.19 169.443, subdivisions 1, 2; 169.4501, subdivisions 1,
1.20 2; 169.4502, subdivision 11; 169.4503, subdivisions 5,
1.21 14, 16, 20, by adding a subdivision; 260A.01;
1.22 260C.163, subdivision 11; 631.40, subdivision 4;
1.23 Minnesota Statutes 2003 Supplement, sections 120B.021,
1.24 subdivisions 1, 3; 120B.022, subdivision 1; 120B.024;
1.25 120B.30, subdivision 1a; 120B.36; 122A.09, subdivision
1.26 4; 123B.77, subdivision 4; 123B.90, subdivision 2;
1.27 124D.11, subdivision 9; 124D.20, subdivision 11;
1.28 124D.454, subdivision 2; 125A.091, subdivision 5;
1.29 125A.75, subdivision 8; 126C.10, subdivision 3;
1.30 126C.457; 127A.41, subdivision 9; 128C.05, subdivision
1.31 1a; 171.321, subdivision 5; 275.065, subdivision 1;
1.32 475.61, subdivision 4; 626.556, subdivision 2; Laws
1.33 2003, chapter 130, section 12; proposing coding for
1.34 new law in Minnesota Statutes, chapter 121A; repealing
1.35 Minnesota Statutes 2002, sections 124D.91; 124D.92;
1.36 126C.23; 134.47, subdivision 3; 169.447, subdivision
1.37 6; 169.4502, subdivisions 7, 9, 13, 14; 169.4503,
1.38 subdivisions 10, 10a, 21, 25.
1.39 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.40 ARTICLE 1
1.41 GENERAL EDUCATION
1.42 Section 1. Minnesota Statutes 2002, section 121A.34, is
2.1 amended by adding a subdivision to read:
2.2 Subd. 5. [BELTS AND OTHER ACCESSORIES.] Notwithstanding
2.3 Minnesota Rules, part 7415.0300, vests, sashes, ponchos, and Sam
2.4 Browne belts worn by school safety patrol members may be
2.5 fluorescent yellow, fluorescent yellow-green, or blaze orange.
2.6 Sec. 2. Minnesota Statutes 2002, section 121A.34, is
2.7 amended by adding a subdivision to read:
2.8 Subd. 6. [SCHOOL SAFETY PATROL FLAGS.] Notwithstanding any
2.9 rule of the commissioner of public safety, school safety patrol
2.10 flags may be (1) blaze orange with a yellow octagon bearing the
2.11 word "Stop" in black letters, or (2) fluorescent yellow or
2.12 fluorescent yellow-green with an octagon of sharply contrasting
2.13 color bearing the word "Stop" in black letters.
2.14 Sec. 3. Minnesota Statutes 2002, section 123B.76, is
2.15 amended by adding a subdivision to read:
2.16 Subd. 3. [EXPENDITURES BY BUILDING.] (a) For the purposes
2.17 of this section, "building" means education site as defined in
2.18 section 123B.04, subdivision 1.
2.19 (b) Each district shall maintain separate accounts to
2.20 identify general fund expenditures, excluding capital
2.21 expenditures and pupil transportation, for each building. All
2.22 expenditures for regular instruction, secondary vocational
2.23 instruction, and school administration must be reported to the
2.24 department separately for each building. All expenditures for
2.25 special education instruction, instructional support services,
2.26 and pupil support services provided within a specific building
2.27 must be reported to the department separately for each
2.28 building. Salary expenditures reported by building must reflect
2.29 actual salaries for staff at the building and must not be based
2.30 on districtwide averages. All other general fund expenditures
2.31 may be reported on a districtwide basis.
2.32 (c) The department must annually report information showing
2.33 school district general fund expenditures per pupil by program
2.34 category for each building and estimated school district general
2.35 fund revenue generated by pupils attending each building on its
2.36 Web site. For purposes of this report:
3.1 (1) expenditures not required to be reported by building
3.2 shall be allocated among buildings on a uniform per pupil basis;
3.3 (2) basic skills revenue shall be allocated according to
3.4 section 126C.10, subdivision 4;
3.5 (3) secondary sparsity revenue and elementary sparsity
3.6 revenue shall be allocated according to section 126C.10,
3.7 subdivisions 7 and 8;
3.8 (4) other general education revenue shall be allocated on a
3.9 uniform per pupil unit basis;
3.10 (5) first grade preparedness aid shall be allocated
3.11 according to section 124D.081;
3.12 (6) state and federal special education aid and Title I aid
3.13 shall be allocated in proportion to district expenditures for
3.14 these programs by building; and
3.15 (7) other general fund revenues shall be allocated on a
3.16 uniform per pupil basis, except that the department may allocate
3.17 other revenues attributable to specific buildings directly to
3.18 those buildings.
3.19 [EFFECTIVE DATE.] This section is effective the day
3.20 following final enactment and applies to reports for fiscal year
3.21 2004 and later.
3.22 Sec. 4. Minnesota Statutes 2003 Supplement, section
3.23 123B.77, subdivision 4, is amended to read:
3.24 Subd. 4. [BUDGET APPROVAL.] Prior to July 1 of each year,
3.25 the board of each district must approve and adopt its revenue
3.26 and expenditure budgets for the next school year. The budget
3.27 document so adopted must be considered an
3.28 expenditure-authorizing or appropriations document. No funds
3.29 shall be expended by any board or district for any purpose in
3.30 any school year prior to the adoption of the budget document
3.31 which authorizes that expenditure, or prior to an amendment to
3.32 the budget document by the board to authorize the expenditure.
3.33 Expenditures of funds in violation of this subdivision shall be
3.34 considered unlawful expenditures. Prior to the appropriation of
3.35 revenue for the next school year in the initial budget, the
3.36 board shall calculate the general education revenue, basic
4.1 skills revenue, and referendum revenue for that year that it
4.2 estimates will be generated by the pupils in attendance at each
4.3 site, and shall inform the principal or other responsible
4.4 administrative authority of each site of that estimate and
4.5 report this information to the amount of general education and
4.6 referendum revenue that the Department of Education estimates
4.7 will be generated by the pupils in attendance at each site. For
4.8 purposes of this subdivision, a district may adjust the
4.9 department's estimates for school building openings, school
4.10 building closings, changes in attendance area boundaries, or
4.11 other changes in programs or student demographics not reflected
4.12 in the department's calculations. A district must report to the
4.13 department any adjustments it makes according to this
4.14 subdivision in the department's estimates of compensatory
4.15 revenue generated by the pupils in attendance at each site, and
4.16 the department must use the adjusted compensatory revenue
4.17 estimates in preparing the report required under section
4.18 123B.76, subdivision 3, paragraph (c).
4.19 [EFFECTIVE DATE.] This section is effective the day
4.20 following final enactment and applies to reports for fiscal year
4.21 2005 and later.
4.22 Sec. 5. Minnesota Statutes 2002, section 123B.82, is
4.23 amended to read:
4.24 123B.82 [REORGANIZATION OPERATING DEBT.]
4.25 The "reorganization operating debt" of a school district
4.26 means the net negative undesignated fund balance in all school
4.27 district funds, other than capital expenditure, building
4.28 construction, debt redemption, and trust and agency, calculated
4.29 in accordance with the uniform financial accounting and
4.30 reporting standards for Minnesota school districts as of:
4.31 (1) June 30 of the fiscal year before the first year that a
4.32 district receives revenue according to section 123A.39,
4.33 subdivision 3; or
4.34 (2) June 30 of the fiscal year before the effective date of
4.35 reorganization according to section 123A.46 or 123A.48.
4.36 [EFFECTIVE DATE.] This section is effective the day
5.1 following final enactment.
5.2 Sec. 6. Minnesota Statutes 2003 Supplement, section
5.3 124D.454, subdivision 2, is amended to read:
5.4 Subd. 2. [DEFINITIONS.] For the purposes of this section,
5.5 the definitions in this subdivision apply.
5.6 (a) "Base year" means the second fiscal year preceding the
5.7 fiscal year for which aid will be paid.
5.8 (b) "Basic revenue" has the meaning given it in section
5.9 126C.10, subdivision 2. For the purposes of computing basic
5.10 revenue pursuant to this section, each child with a disability
5.11 shall be counted as prescribed in section 126C.05, subdivision 1.
5.12 (c) "Average daily membership" has the meaning given it in
5.13 section 126C.05.
5.14 (d) "Program growth factor" means 1.00 for fiscal year 1998
5.15 and later.
5.16 (e) "Aid percentage factor" means 100 percent for fiscal
5.17 year 2000 and later.
5.18 (f) "Essential personnel" means a licensed teacher,
5.19 licensed support services staff person, paraprofessional
5.20 providing direct services to students, or licensed personnel
5.21 under subdivision 12, paragraph (c). This definition is not
5.22 intended to change or modify the definition of essential
5.23 employee in chapter 179A.
5.24 [EFFECTIVE DATE.] This section is effective the day
5.25 following final enactment.
5.26 Sec. 7. Minnesota Statutes 2003 Supplement, section
5.27 126C.10, subdivision 3, is amended to read:
5.28 Subd. 3. [COMPENSATORY EDUCATION REVENUE.] (a) The
5.29 compensatory education revenue for each building in the district
5.30 equals the formula allowance minus $415 times the compensation
5.31 revenue pupil units computed according to section 126C.05,
5.32 subdivision 3. Revenue shall be paid to the district and must
5.33 be allocated according to section 126C.15, subdivision 2.
5.34 (b) When the district contracting with an alternative
5.35 program under section 124D.69 changes prior to the start of a
5.36 school year, the compensatory revenue generated by pupils
6.1 attending the program shall be paid to the district contracting
6.2 with the alternative program for the current school year, and
6.3 shall not be paid to the district contracting with the
6.4 alternative program for the prior school year.
6.5 (c) When the fiscal agent district for an area learning
6.6 center changes prior to the start of a school year, the
6.7 compensatory revenue shall be paid to the fiscal agent district
6.8 for the current school year, and shall not be paid to the fiscal
6.9 agent district for the prior school year.
6.10 [EFFECTIVE DATE.] This section is effective for revenue for
6.11 fiscal year 2005.
6.12 Sec. 8. Minnesota Statutes 2002, section 127A.47,
6.13 subdivision 3, is amended to read:
6.14 Subd. 3. [REVENUE FOR CHILDREN OF DIVORCED OR LEGALLY
6.15 SEPARATED PARENTS OR PARENTS RESIDING SEPARATELY.] (a) In those
6.16 instances when the divorced or legally separated parents or
6.17 parents residing separately share joint physical custody of the
6.18 child and the divorced or legally separated parents or parents
6.19 residing separately reside in different school districts, for
6.20 all school purposes, unless otherwise specifically provided by
6.21 law, the child must be considered a resident of the school
6.22 district, as indicated by the child's parents.
6.23 (b) When the child of divorced or legally separated parents
6.24 or parents residing separately under paragraph (a) resides with
6.25 each parent on alternate weeks, the parents shall be responsible
6.26 for the transportation of the child to the border of the
6.27 resident school district during those weeks when the child
6.28 resides in the nonresident school district.
6.29 [EFFECTIVE DATE.] This section is effective July 1, 2004.
6.30 Sec. 9. Minnesota Statutes 2003 Supplement, section
6.31 275.065, subdivision 1, is amended to read:
6.32 Subdivision 1. [PROPOSED LEVY.] (a) Notwithstanding any
6.33 law or charter to the contrary, on or before September 15, each
6.34 taxing authority, other than a school district, shall adopt a
6.35 proposed budget and shall certify to the county auditor the
6.36 proposed or, in the case of a town, the final property tax levy
7.1 for taxes payable in the following year.
7.2 (b) On or before September 30, each school district shall
7.3 certify to the county auditor the proposed property tax levy for
7.4 taxes payable in the following year. The school district shall
7.5 certify the proposed levy as:
7.6 (1) the state determined school levy amount as prescribed
7.7 under section 126C.13, subdivision 2; a specific dollar amount
7.8 by school district fund, broken down between voter-approved and
7.9 non-voter-approved levies and between referendum market value
7.10 and tax capacity levies; or
7.11 (2) voter approved referendum and debt levies; and
7.12 (3) the sum of the remaining school levies, or the maximum
7.13 levy limitation certified by the commissioner of education
7.14 according to section 126C.48, subdivision 1, less the amounts
7.15 levied under clauses (1) and (2).
7.16 (c) If the board of estimate and taxation or any similar
7.17 board that establishes maximum tax levies for taxing
7.18 jurisdictions within a first class city certifies the maximum
7.19 property tax levies for funds under its jurisdiction by charter
7.20 to the county auditor by September 15, the city shall be deemed
7.21 to have certified its levies for those taxing jurisdictions.
7.22 (d) For purposes of this section, "taxing authority"
7.23 includes all home rule and statutory cities, towns, counties,
7.24 school districts, and special taxing districts as defined in
7.25 section 275.066. Intermediate school districts that levy a tax
7.26 under chapter 124 or 136D, joint powers boards established under
7.27 sections 123A.44 to 123A.446, and Common School Districts No.
7.28 323, Franconia, and No. 815, Prinsburg, are also special taxing
7.29 districts for purposes of this section.
7.30 [EFFECTIVE DATE.] This section is effective July 1, 2004.
7.31 Sec. 10. [REPEALER.]
7.32 Minnesota Statutes 2002, section 126C.23, is repealed.
7.33 ARTICLE 2
7.34 ACADEMIC EXCELLENCE
7.35 Section 1. Minnesota Statutes 2002, section 13.321,
7.36 subdivision 1, is amended to read:
8.1 Subdivision 1. [SCOPE.] The sections referred to in
8.2 subdivisions 2 to 9 10 are codified outside this chapter. Those
8.3 sections classify prekindergarten to grade 12 educational data
8.4 as other than public, place restrictions on access to government
8.5 data, or involve data sharing.
8.6 [EFFECTIVE DATE.] This section is effective the day
8.7 following final enactment.
8.8 Sec. 2. Minnesota Statutes 2003 Supplement, section
8.9 120B.021, subdivision 1, is amended to read:
8.10 Subdivision 1. [REQUIRED ACADEMIC STANDARDS.] The
8.11 following subject areas are required for statewide
8.12 accountability:
8.13 (1) language arts;
8.14 (2) mathematics;
8.15 (3) science;
8.16 (4) social studies, including history, geography,
8.17 economics, and government and citizenship; and
8.18 (5) health and physical education, for which locally
8.19 developed academic standards apply; and
8.20 (6) the arts, for which statewide or locally developed
8.21 academic standards apply, as determined by the school district.
8.22 Public elementary and middle schools must offer at least three
8.23 and require at least two of the following four arts areas:
8.24 dance; music; theater; and visual arts. Public high schools
8.25 must offer at least three and require at least one of the
8.26 following five arts areas: media arts; dance; music; theater;
8.27 and visual arts.
8.28 The commissioner must submit proposed standards in science
8.29 and social studies to the legislature by February 1, 2004.
8.30 For purposes of applicable federal law, the academic standards
8.31 for language arts, mathematics, and science apply to all public
8.32 school students, except the very few students with extreme
8.33 cognitive or physical impairments for whom an individualized
8.34 education plan team has determined that the required academic
8.35 standards are inappropriate. An individualized education plan
8.36 team that makes this determination must establish alternative
9.1 standards.
9.2 A school district, no later than the 2007-2008 school year,
9.3 must adopt graduation requirements that meet or exceed state
9.4 graduation requirements established in law or rule. A school
9.5 district that incorporates these state graduation requirements
9.6 before the 2007-2008 school year must provide students who enter
9.7 the 9th grade in or before the 2003-2004 school year the
9.8 opportunity to earn a diploma based on existing locally
9.9 established graduation requirements in effect when the students
9.10 entered the 9th grade. District efforts to develop, implement,
9.11 or improve instruction or curriculum as a result of the
9.12 provisions of this section must be consistent with sections
9.13 120B.10, 120B.11, and 120B.20.
9.14 [EFFECTIVE DATE.] This section is effective for the
9.15 2005-2006 school year and later.
9.16 Sec. 3. Minnesota Statutes 2003 Supplement, section
9.17 120B.022, subdivision 1, is amended to read:
9.18 Subdivision 1. [ELECTIVE STANDARDS.] A district must
9.19 establish its own standards in the following subject areas:
9.20 (1) health and physical education;
9.21 (2) vocational and technical education; and
9.22 (3) (2) world languages.
9.23 A school district must offer courses in all elective
9.24 subject areas.
9.25 [EFFECTIVE DATE.] This section is effective the day
9.26 following final enactment.
9.27 Sec. 4. Minnesota Statutes 2003 Supplement, section
9.28 120B.024, is amended to read:
9.29 120B.024 [GRADUATION REQUIREMENTS; COURSE CREDITS.]
9.30 Students beginning 9th grade in the 2004-2005 school year
9.31 and later must successfully complete the following high school
9.32 level course credits for graduation:
9.33 (1) four credits of language arts;
9.34 (2) three credits of mathematics, encompassing at least
9.35 algebra, geometry, statistics, and probability sufficient to
9.36 satisfy the academic standard;
10.1 (3) three credits of science, including at least one credit
10.2 in biology;
10.3 (4) three and one-half credits of social studies, including
10.4 encompassing at least one credit of United States history, one
10.5 credit of geography, 0.5 credits of government and citizenship,
10.6 0.5 credits of world history, and 0.5 credits of economics or
10.7 three credits of social studies encompassing at least United
10.8 States history, geography, government and citizenship, and world
10.9 history, and one-half credit of economics taught in a school's
10.10 social studies or business department; and
10.11 (5) one credit in the arts; and
10.12 (6) a minimum of eight seven elective course credits,
10.13 including at least one credit in the arts.
10.14 A course credit is equivalent to a student's successful
10.15 completion of student successfully completing an academic year
10.16 of study or a student's mastery of student mastering the
10.17 applicable subject matter, as determined by the local school
10.18 district.
10.19 Sec. 5. Minnesota Statutes 2003 Supplement, section
10.20 120B.36, is amended to read:
10.21 120B.36 [SCHOOL ACCOUNTABILITY; APPEALS PROCESS.]
10.22 Subdivision 1. [SCHOOL PERFORMANCE REPORT CARDS.] (a) The
10.23 commissioner shall use objective criteria based on levels of
10.24 student performance to identify four to six designations
10.25 applicable to high and low performing public schools. The
10.26 objective criteria shall include at least student academic
10.27 performance, school safety, and staff characteristics, with a
10.28 value-added growth component added by the 2006-2007 school year.
10.29 (b) The commissioner shall develop, annually update, and
10.30 post on the department Web site school performance report cards.
10.31 A school's designation must be clearly stated on each school
10.32 performance report card.
10.33 (c) The commissioner must make available the first school
10.34 designations and school performance report cards by November
10.35 2003, and during the beginning of each school year thereafter.
10.36 (d) A school or district may appeal in writing a
11.1 designation under this section to the commissioner within 30
11.2 days of receiving the designation. The commissioner's decision
11.3 to uphold or deny an appeal is final.
11.4 (e) School performance report cards are nonpublic data
11.5 under section 13.02, subdivision 9, until not later than ten
11.6 days after the appeal procedure described in paragraph (d)
11.7 concludes. The department shall annually post school
11.8 performance report cards to its public Web site no later than
11.9 September 1.
11.10 Subd. 2. [ADEQUATE YEARLY PROGRESS DATA.] All data the
11.11 department receives, collects, or creates for purposes of
11.12 determining adequate yearly progress designations under Public
11.13 Law 107-110, section 1116, are nonpublic data under section
11.14 13.02, subdivision 9, until not later than ten days after the
11.15 appeal procedure described in subdivision 1, paragraph (d),
11.16 concludes. Districts must provide parents sufficiently detailed
11.17 summary data to permit parents to appeal under Public Law
11.18 107-110, section 1116(b)(2). The department shall annually post
11.19 adequate yearly progress data to its public Web site no later
11.20 than September 1.
11.21 [EFFECTIVE DATE.] This section is effective the day
11.22 following final enactment.
11.23 Sec. 6. Minnesota Statutes 2002, section 121A.22,
11.24 subdivision 2, is amended to read:
11.25 Subd. 2. [EXCLUSIONS.] In addition, this section does not
11.26 apply to drugs or medicine that are:
11.27 (1) that can be purchased without a prescription;
11.28 (2) that are used by a pupil who is 18 years old or older;
11.29 (3) that are used in connection with services for which a
11.30 minor may give effective consent, including section 144.343,
11.31 subdivision 1, and any other law;
11.32 (4) that are used in situations in which, in the judgment
11.33 of the school personnel who are present or available, the risk
11.34 to the pupil's life or health is of such a nature that drugs or
11.35 medicine should be given without delay;
11.36 (5) that are used off the school grounds;
12.1 (6) that are used in connection with athletics or extra
12.2 curricular activities;
12.3 (7) that are used in connection with activities that occur
12.4 before or after the regular school day;
12.5 (8) that are provided or administered by a public health
12.6 agency in order to prevent or control an illness or a disease
12.7 outbreak as provided for in sections 144.05 and 144.12; or
12.8 (9) that are prescription asthma or reactive airway disease
12.9 medications self-administered by a pupil with an asthma inhaler
12.10 if the district has received a written authorization from the
12.11 pupil's parent permitting the pupil to self-administer the
12.12 medication, the inhaler is properly labeled for that student,
12.13 and the parent has not requested school personnel to administer
12.14 the medication to the pupil. The parent must submit written
12.15 authorization for the pupil to self-administer the medication
12.16 each school year; or
12.17 (10) prescription nonsyringe injectors of epinephrine,
12.18 consistent with section 121A.2205, if the parent and prescribing
12.19 medical professional annually inform the pupil's school in
12.20 writing that (i) the pupil may possess the epinephrine or (ii)
12.21 the pupil is unable to possess the epinephrine and requires
12.22 immediate access to nonsyringe injectors of epinephrine that the
12.23 parent provides properly labeled to the school for the pupil as
12.24 needed.
12.25 [EFFECTIVE DATE.] This section is effective for the
12.26 2004-2005 school year and later.
12.27 Sec. 7. [121A.2205] [POSSESSION AND USE OF NONSYRINGE
12.28 INJECTORS OF EPINEPHRINE; MODEL POLICY.]
12.29 (a) At the start of each school year or at the time a
12.30 student enrolls in school, whichever is first, a student's
12.31 parent, school staff, including those responsible for student
12.32 health care, and the prescribing medical professional must
12.33 develop and implement an individualized written health plan for
12.34 a student who is prescribed nonsyringe injectors of epinephrine
12.35 that enables the student to:
12.36 (1) possess nonsyringe injectors of epinephrine; or
13.1 (2) if the parent and prescribing medical professional
13.2 determine the student is unable to possess the epinephrine, have
13.3 immediate access to nonsyringe injectors of epinephrine in close
13.4 proximity to the student at all times during the instructional
13.5 day.
13.6 The plan must designate the school staff responsible for
13.7 implementing the student's health plan, including recognizing
13.8 anaphylaxis and administering nonsyringe injectors of
13.9 epinephrine when required, consistent with section 121A.22,
13.10 subdivision 2, clause (10). This health plan may be included in
13.11 a student's 504 plan.
13.12 (b) A school under this section is a public school under
13.13 section 120A.22, subdivision 4, or a nonpublic school, excluding
13.14 a home school, under section 120A.22, subdivision 4, that is
13.15 subject to the federal Americans with Disabilities Act. Other
13.16 nonpublic schools are encouraged to develop and implement an
13.17 individualized written health plan for students requiring
13.18 nonsyringe injectors of epinephrine, consistent with this
13.19 section and section 121A.22, subdivision 2, clause (10).
13.20 (c) A school district and its agents and employees are
13.21 immune from liability for any act or failure to act, made in
13.22 good faith, in implementing this section.
13.23 (d) The education commissioner may develop and transmit to
13.24 interested schools a model policy and individualized health plan
13.25 form consistent with this section and federal 504 plan
13.26 requirements. The policy and form may:
13.27 (1) assess a student's ability to safely possess nonsyringe
13.28 injectors of epinephrine;
13.29 (2) identify staff training needs related to recognizing
13.30 anaphylaxis and administering epinephrine when needed;
13.31 (3) accommodate a student's need to possess or have
13.32 immediate access to nonsyringe injectors of epinephrine in close
13.33 proximity to the student at all times during the instructional
13.34 day; and
13.35 (4) ensure that the student's parent provides properly
13.36 labeled nonsyringe injectors of epinephrine to the school for
14.1 the student as needed.
14.2 (e) Additional nonsyringe injectors of epinephrine may be
14.3 available in school first aid kits.
14.4 (f) The school board of the school district must define
14.5 instructional day for the purposes of this section.
14.6 [EFFECTIVE DATE.] This section is effective for the
14.7 2004-2005 school year and later.
14.8 Sec. 8. Minnesota Statutes 2002, section 121A.45,
14.9 subdivision 3, is amended to read:
14.10 Subd. 3. [PARENT NOTIFICATION AND MEETING.] If a pupil's
14.11 total days of removal from school exceeds ten cumulative days in
14.12 a school year, the school district shall make reasonable
14.13 attempts to convene a meeting with the pupil and the pupil's
14.14 parent or guardian prior to before subsequently removing the
14.15 pupil from school and, with the permission of the parent or
14.16 guardian, arrange for a mental health screening for the pupil.
14.17 The district is not required to pay for the mental health
14.18 screening. The purpose of this meeting is to attempt to
14.19 determine the pupil's need for assessment or other services or
14.20 whether the parent or guardian should have the pupil assessed or
14.21 diagnosed to determine whether the pupil needs treatment for a
14.22 mental health disorder.
14.23 Sec. 9. Minnesota Statutes 2003 Supplement, section
14.24 122A.09, subdivision 4, is amended to read:
14.25 Subd. 4. [LICENSE AND RULES.] (a) The board must adopt
14.26 rules to license public school teachers and interns subject to
14.27 chapter 14.
14.28 (b) The board must adopt rules requiring a person to
14.29 successfully complete a skills examination in reading, writing,
14.30 and mathematics as a requirement for initial teacher licensure.
14.31 Such rules must require college and universities offering a
14.32 board-approved teacher preparation program to provide remedial
14.33 assistance to persons who did not achieve a qualifying score on
14.34 the skills examination, including those for whom English is a
14.35 second language.
14.36 (c) The board must adopt rules to approve teacher
15.1 preparation programs. The board, upon the request of a
15.2 postsecondary student preparing for teacher licensure or a
15.3 licensed graduate of a teacher preparation program, shall assist
15.4 in resolving a dispute between the person and a postsecondary
15.5 institution providing a teacher preparation program when the
15.6 dispute involves an institution's recommendation for licensure
15.7 affecting the person or the person's credentials. At the
15.8 board's discretion, assistance may include the application of
15.9 chapter 14.
15.10 (d) The board must provide the leadership and shall adopt
15.11 rules for the redesign of teacher education programs to
15.12 implement a research based, results-oriented curriculum that
15.13 focuses on the skills teachers need in order to be effective.
15.14 The board shall implement new systems of teacher preparation
15.15 program evaluation to assure program effectiveness based on
15.16 proficiency of graduates in demonstrating attainment of program
15.17 outcomes.
15.18 (e) The board must adopt rules requiring successful
15.19 completion of an examination of general pedagogical knowledge
15.20 and examinations of licensure-specific teaching skills. The
15.21 rules shall be effective on the dates determined by the board
15.22 but not later than September 1, 2001.
15.23 (f) The board must adopt rules requiring teacher educators
15.24 to work directly with elementary or secondary school teachers in
15.25 elementary or secondary schools to obtain periodic exposure to
15.26 the elementary or secondary teaching environment.
15.27 (g) The board must grant licenses to interns and to
15.28 candidates for initial licenses.
15.29 (h) The board must design and implement an assessment
15.30 system which requires a candidate for an initial license and
15.31 first continuing license to demonstrate the abilities necessary
15.32 to perform selected, representative teaching tasks at
15.33 appropriate levels.
15.34 (i) The board must receive recommendations from local
15.35 committees as established by the board for the renewal of
15.36 teaching licenses.
16.1 (j) The board must grant life licenses to those who qualify
16.2 according to requirements established by the board, and suspend
16.3 or revoke licenses pursuant to sections 122A.20 and 214.10. The
16.4 board must not establish any expiration date for application for
16.5 life licenses.
16.6 (k) The board must adopt rules that require all licensed
16.7 teachers who are renewing their continuing license to include in
16.8 their renewal requirements further preparation in the areas of
16.9 using positive behavior interventions and in accommodating,
16.10 modifying, and adapting curricula, materials, and strategies to
16.11 appropriately meet the needs of individual students and ensure
16.12 adequate progress toward the state's graduation rule.
16.13 (l) In adopting rules to license public school teachers who
16.14 provide health-related services for disabled children, the board
16.15 shall adopt rules consistent with license or registration
16.16 requirements of the commissioner of health and the
16.17 health-related boards who license personnel who perform similar
16.18 services outside of the school.
16.19 (m) The board must adopt rules that require all licensed
16.20 teachers who are renewing their continuing license to include in
16.21 their renewal requirements further reading preparation,
16.22 consistent with section 122A.06, subdivision 4. The rules do
16.23 not take effect until they are approved by law. Teachers who do
16.24 not provide direct instruction including, at least, counselors,
16.25 school psychologists, school nurses, school social workers,
16.26 audiovisual directors and coordinators, and recreation personnel
16.27 are exempt from this section.
16.28 (n) The board must adopt rules that require all licensed
16.29 teachers who are renewing their continuing license to include in
16.30 their renewal requirements further preparation in understanding
16.31 the key warning signs of early-onset mental illness in children
16.32 and adolescents.
16.33 [EFFECTIVE DATE.] This section is effective the day
16.34 following final enactment.
16.35 Sec. 10. Minnesota Statutes 2002, section 122A.16, is
16.36 amended to read:
17.1 122A.16 [HIGHLY QUALIFIED TEACHER DEFINED.]
17.2 (a) A qualified teacher is one holding a valid license,
17.3 under this chapter, to perform the particular service for
17.4 which the teacher is employed in a public school.
17.5 (b) For the purposes of the federal No Child Left Behind
17.6 Act, a highly qualified teacher is one who holds a valid license
17.7 under this chapter to perform the particular service for which
17.8 the teacher is employed in a public school or who meets the
17.9 requirements of a highly objective uniform state standard of
17.10 evaluation (HOUSSE).
17.11 All Minnesota teachers teaching in a core academic subject
17.12 area, as defined by the federal No Child Left Behind Act, in
17.13 which they are not fully licensed may complete the following
17.14 HOUSSE process in the core subject area for which the teacher is
17.15 requesting highly qualified status by completing an application,
17.16 in the form and manner described by the commissioner, that
17.17 includes:
17.18 (1) documentation of student achievement as evidenced by
17.19 norm-referenced test results that are objective and
17.20 psychometrically valid and reliable;
17.21 (2) evidence of local, state, or national activities,
17.22 recognition, or awards for professional contribution to
17.23 achievement;
17.24 (3) description of teaching experience in the teachers'
17.25 core subject area in a public school under a waiver, variance,
17.26 limited license or other exception; nonpublic school; and
17.27 postsecondary institution;
17.28 (4) test results from the Praxis II content test;
17.29 (5) evidence of advanced certification from the National
17.30 Board for Professional Teaching Standards;
17.31 (6) evidence of the successful completion of course work or
17.32 pedagogy courses; and
17.33 (7) evidence of the successful completion of high quality
17.34 professional development activities.
17.35 Districts must assign a school administrator to serve as a
17.36 HOUSSE reviewer to meet with teachers under this paragraph and,
18.1 where appropriate, certify the teachers' applications. Teachers
18.2 satisfy the definition of highly qualified when the teachers
18.3 receive at least 100 of the total number of points used to
18.4 measure the teachers' content expertise under clauses (1) to
18.5 (7). Teachers may acquire up to 50 points only in any one
18.6 clause (1) to (7). Teachers may use the HOUSSE process to
18.7 satisfy the definition of highly qualified for more than one
18.8 subject area.
18.9 (c) Achievement of the HOUSSE criteria is not equivalent to
18.10 a license. A teacher must obtain permission from the Board of
18.11 Teaching in order to teach in a public school.
18.12 [EFFECTIVE DATE.] This section is effective the day
18.13 following final enactment.
18.14 Sec. 11. Minnesota Statutes 2002, section 122A.20,
18.15 subdivision 2, is amended to read:
18.16 Subd. 2. [MANDATORY REPORTING.] A school board must report
18.17 to the Board of Teaching, the Board of School Administrators, or
18.18 the Board of Trustees of the Minnesota State Colleges and
18.19 Universities, whichever has jurisdiction over the teacher's or
18.20 administrator's license, when its teacher or administrator is
18.21 discharged or resigns from employment after a charge is filed
18.22 with the school board under section 122A.41, subdivisions 6,
18.23 clauses (1), (2), and (3), and 7, or after charges are filed
18.24 that are ground for discharge under section 122A.40, subdivision
18.25 13, paragraph (a), clauses (1) to (5), or when a teacher or
18.26 administrator is suspended or resigns while an investigation is
18.27 pending under section 122A.40, subdivision 13, paragraph (a)
18.28 clauses (1) to (5); 122A.41, subdivisions 6, clauses (1), (2),
18.29 and (3), and 7; or 626.556, or when a teacher or administrator
18.30 is suspended without an investigation under section 122A.41,
18.31 subdivisions 6, paragraph (a), clauses (1), (2), and (3), and 7;
18.32 or 626.556. The report must be made to the appropriate
18.33 licensing board within ten days after the discharge, suspension,
18.34 or resignation has occurred. The licensing board to which the
18.35 report is made must investigate the report for violation of
18.36 subdivision 1 and the reporting board must cooperate in the
19.1 investigation. Notwithstanding any provision in chapter 13 or
19.2 any law to the contrary, upon written request from the licensing
19.3 board having jurisdiction over the license, a board or school
19.4 superintendent shall provide the licensing board with
19.5 information about the teacher or administrator from the
19.6 district's files, any termination or disciplinary proceeding,
19.7 any settlement or compromise, or any investigative file. Upon
19.8 written request from the appropriate licensing board, a board or
19.9 school superintendent may, at the discretion of the board or
19.10 school superintendent, solicit the written consent of a student
19.11 and the student's parent to provide the licensing board with
19.12 information that may aid the licensing board in its
19.13 investigation and license proceedings. The licensing board's
19.14 request need not identify a student or parent by name. The
19.15 consent of the student and the student's parent must meet the
19.16 requirements of chapter 13 and Code of Federal Regulations,
19.17 title 34, section 99.30. The licensing board may provide a
19.18 consent form to the district. Any data transmitted to any board
19.19 under this section is private data under section 13.02,
19.20 subdivision 12, notwithstanding any other classification of the
19.21 data when it was in the possession of any other agency.
19.22 The licensing board to which a report is made must transmit
19.23 to the Attorney General's Office any record or data it receives
19.24 under this subdivision for the sole purpose of having the
19.25 Attorney General's Office assist that board in its
19.26 investigation. When the Attorney General's Office has informed
19.27 an employee of the appropriate licensing board in writing that
19.28 grounds exist to suspend or revoke a teacher's license to teach,
19.29 that licensing board must consider suspending or revoking or
19.30 decline to suspend or revoke the teacher's or administrator's
19.31 license within 45 days of receiving a stipulation executed by
19.32 the teacher or administrator under investigation or a
19.33 recommendation from an administrative law judge that
19.34 disciplinary action be taken.
19.35 Sec. 12. Minnesota Statutes 2002, section 123B.195, is
19.36 amended to read:
20.1 123B.195 [BOARD MEMBERS' RIGHT TO EMPLOYMENT.]
20.2 Notwithstanding section 471.88, subdivision 5, a school
20.3 board member may be newly employed or may continue to be
20.4 employed by a school district as an employee only if there is a
20.5 reasonable expectation at the beginning of the fiscal year or at
20.6 the time the contract is entered into or extended that the
20.7 amount to be earned by that officer under that contract or
20.8 employment relationship will not exceed $5,000 $8,000 in that
20.9 fiscal year. Notwithstanding section 122A.40 or 122A.41 or
20.10 other law, if the officer does not receive majority approval to
20.11 be initially employed or to continue in employment at a meeting
20.12 at which all board members are present, that employment is
20.13 immediately terminated and that officer has no further rights to
20.14 employment while serving as a school board member in the
20.15 district.
20.16 Sec. 13. Minnesota Statutes 2003 Supplement, section
20.17 123B.90, subdivision 2, is amended to read:
20.18 Subd. 2. [STUDENT TRAINING.] (a) Each district must
20.19 provide public school pupils enrolled in kindergarten through
20.20 grade 10 with age-appropriate school bus safety training, as
20.21 described in this section, of the following concepts:
20.22 (1) transportation by school bus is a privilege and not a
20.23 right;
20.24 (2) district policies for student conduct and school bus
20.25 safety;
20.26 (3) appropriate conduct while on the school bus;
20.27 (4) the danger zones surrounding a school bus;
20.28 (5) procedures for safely boarding and leaving a school
20.29 bus;
20.30 (6) procedures for safe street or road crossing; and
20.31 (7) school bus evacuation.
20.32 (b) Each nonpublic school located within the district must
20.33 provide all nonpublic school pupils enrolled in kindergarten
20.34 through grade 10 who are transported by school bus at public
20.35 expense and attend school within the district's boundaries with
20.36 training as required in paragraph (a).
21.1 (c) Students enrolled in kindergarten through grade 6 who
21.2 are transported by school bus and are enrolled during the first
21.3 or second week of school must receive the school bus safety
21.4 training competencies by the end of the third week of school.
21.5 Students enrolled in grades 7 through 10 who are transported by
21.6 school bus and are enrolled during the first or second week of
21.7 school and have not previously received school bus safety
21.8 training in kindergarten through grade 6 must receive the
21.9 training or receive bus safety instructional materials by the
21.10 end of the sixth week of school. Students taking driver's
21.11 training instructional classes and other students in grades 9
21.12 and 10 must receive training in the laws and proper procedures
21.13 when operating a motor vehicle in the vicinity of a school bus.
21.14 Students enrolled in kindergarten through grade 10 who enroll in
21.15 a school after the second week of school and are transported by
21.16 school bus and have not received training in their previous
21.17 school district shall undergo school bus safety training or
21.18 receive bus safety instructional materials within four weeks of
21.19 the first day of attendance. The school transportation safety
21.20 director in each district must certify to the superintendent of
21.21 schools annually that all students transported by school bus
21.22 within the district have received the school bus safety training
21.23 according to this section. The principal or other chief
21.24 administrator of each nonpublic school must certify annually to
21.25 the school transportation safety director of the district in
21.26 which the school is located that the school's students
21.27 transported by school bus at public expense have received
21.28 training according to this section.
21.29 (d) A district and a nonpublic school with students
21.30 transported by school bus at public expense may provide
21.31 kindergarten pupils with bus safety training before the first
21.32 day of school.
21.33 (e) A district and a nonpublic school with students
21.34 transported by school bus at public expense may also provide
21.35 student safety education for bicycling and pedestrian safety,
21.36 for students enrolled in kindergarten through grade 5.
22.1 (f) A district and a nonpublic school with students
22.2 transported by school bus at public expense must make reasonable
22.3 accommodations for the school bus safety training of pupils
22.4 known to speak English as a second language and pupils with
22.5 disabilities.
22.6 (g) The district and a nonpublic school with students
22.7 transported by school bus at public expense must provide
22.8 students enrolled in kindergarten through grade 3 school bus
22.9 safety training twice during the school year.
22.10 (h) A district and a nonpublic school with students
22.11 transported by school bus at public expense must conduct a
22.12 school bus evacuation drill at least once during the school year.
22.13 Sec. 14. Minnesota Statutes 2003 Supplement, section
22.14 124D.11, subdivision 9, is amended to read:
22.15 Subd. 9. [PAYMENT OF AIDS TO CHARTER SCHOOLS.] (a)
22.16 Notwithstanding section 127A.45, subdivision 3, aid payments for
22.17 the current fiscal year to a charter school not in its first
22.18 year of operation shall be of an equal amount on each of the 23
22.19 payment dates. A charter school in its first year of operation
22.20 shall receive, on its first payment date, ten percent of its
22.21 cumulative amount guaranteed for the year and 22 payments of an
22.22 equal amount thereafter the sum of which shall be 90 percent of
22.23 the cumulative amount guaranteed.
22.24 (b) Notwithstanding paragraph (a), for a charter school
22.25 ceasing operation prior to the end of a school year, 80 percent
22.26 of the amount due for the school year may be paid to the school
22.27 after audit of prior fiscal year and current fiscal year pupil
22.28 counts.
22.29 (c) Notwithstanding section 127A.45, subdivision 3, and
22.30 paragraph (a), 80 percent of the start-up cost aid under
22.31 subdivision 8 shall be paid within 45 days after the first day
22.32 of student attendance for that school year.
22.33 (d) In order to receive state aid payments under this
22.34 subdivision, a charter school in its first three years of
22.35 operation must submit a school calendar in the form and manner
22.36 requested by the department and a quarterly report to the
23.1 Department of Education. The report must list each student by
23.2 grade, show the student's start and end dates, if any, with the
23.3 charter school, and for any student participating in a learning
23.4 year program, the report must list the hours and times of
23.5 learning year activities. The report must be submitted not more
23.6 than two weeks after the end of the calendar quarter to the
23.7 department. The department must develop a Web-based reporting
23.8 form for charter schools to use when submitting enrollment
23.9 reports. A charter school in its fourth and subsequent year of
23.10 operation must submit a school calendar and enrollment
23.11 information to the department in the form and manner requested
23.12 by the department.
23.13 Sec. 15. Minnesota Statutes 2003 Supplement, section
23.14 128C.05, subdivision 1a, is amended to read:
23.15 Subd. 1a. [SUPERVISED COMPETITIVE HIGH SCHOOL DIVING.]
23.16 Notwithstanding Minnesota Rules, part 4717.3750, any pool built
23.17 before January 1, 1987, that was used for a high school diving
23.18 program during the 2000-2001 school year may be used for
23.19 supervised competitive high school diving unless a pool that
23.20 meets the requirements of Minnesota Rules, part 4717.3750, is
23.21 located within the school district. Schools and school
23.22 districts are strongly encouraged to use a pool for supervised
23.23 competitive high school diving that meets the requirements of
23.24 Minnesota Rules, part 4717.3750. A school or district using a
23.25 pool for supervised competitive high school diving that does not
23.26 meet the requirements of the rule must provide appropriate
23.27 notice to parents and participants.
23.28 [EFFECTIVE DATE.] This section is effective the day
23.29 following final enactment.
23.30 Sec. 16. Minnesota Statutes 2002, section 168.012,
23.31 subdivision 10, is amended to read:
23.32 Subd. 10. [EXEMPTION DETERMINED BY USE.] If a vehicle is
23.33 used for a purpose which would make it exempt pursuant to
23.34 subdivision 1 but title is held by a seller or a vendor or is
23.35 assigned to a third party under a lease agreement or a lease
23.36 purchase agreement or installment sale permitted under section
24.1 465.71, exemption shall be determined by the use rather than the
24.2 holder of the title.
24.3 Sec. 17. Minnesota Statutes 2002, section 169.01,
24.4 subdivision 6, is amended to read:
24.5 Subd. 6. [SCHOOL BUS.] "School bus" means a motor vehicle
24.6 used to transport pupils to or from a school defined in section
24.7 120A.22, or to or from school-related activities, by the school
24.8 or a school district, or by someone under an agreement with the
24.9 school or a school district. A school bus does not include a
24.10 motor vehicle transporting children to or from school for which
24.11 parents or guardians receive direct compensation from a school
24.12 district, a motor coach operating under charter carrier
24.13 authority, a transit bus providing services as defined in
24.14 section 174.22, subdivision 7, a multifunction school activity
24.15 bus as defined by federal motor vehicle safety standards, or a
24.16 vehicle otherwise qualifying as a type III vehicle under
24.17 paragraph (5), when the vehicle is properly registered and
24.18 insured and being driven by an employee or agent of a school
24.19 district for nonscheduled or nonregular transportation. A
24.20 school bus may be type A, type B, type C, or type D, or type III
24.21 as follows:
24.22 (1) A "type A school bus" is a van conversion or body bus
24.23 constructed upon a van-type or utilizing a cutaway front section
24.24 vehicle with a left-side driver's door, designed for carrying
24.25 more than ten persons. The entrance door is behind the front
24.26 wheels. This definition includes two classifications: type
24.27 A-I, with a gross vehicle weight rating (GVWR) over less than or
24.28 equal to 10,000 pounds; and type A-II, with a GVWR of greater
24.29 than 10,000 pounds or less.
24.30 (2) A "type B school bus" is a conversion or body
24.31 constructed and installed upon a van or front-section vehicle
24.32 chassis, or utilizing a stripped chassis, with a gross vehicle
24.33 weight rating of more than 10,000 pounds, designed for carrying
24.34 more than ten persons. Part of the engine is beneath or behind
24.35 the windshield and beside the driver's seat. The entrance door
24.36 is behind the front wheels. This definition includes two
25.1 classifications: type B-I, with a GVWR less than or equal to
25.2 10,000 pounds; and type B-II, with a GVWR greater than 10,000
25.3 pounds.
25.4 (3) A "type C school bus" is a body installed upon a flat
25.5 back cowl constructed utilizing a chassis with a gross vehicle
25.6 weight rating of more than 10,000 pounds, designed for carrying
25.7 more than ten persons. All of the engine is in front of the
25.8 windshield and hood and front fender assembly. The entrance
25.9 door is behind the front wheels. A type C school bus has a
25.10 maximum length of 45 feet.
25.11 (4) A "type D school bus" is a body installed upon a
25.12 constructed utilizing a stripped chassis, with the engine
25.13 mounted in the front, midship or rear, with a gross vehicle
25.14 weight rating of more than 10,000 pounds, designed for carrying
25.15 more than ten persons. The engine may be behind the windshield
25.16 and beside the driver's seat; it may be at the rear of the bus,
25.17 behind the rear wheels, or midship between the front and rear
25.18 axles. The entrance door is ahead of the front wheels. A type
25.19 D school bus has a maximum length of 45 feet.
25.20 (5) Type III school buses and type III Head Start buses are
25.21 restricted to passenger cars, station wagons, vans, and buses
25.22 having a maximum manufacturer's rated seating capacity of ten or
25.23 fewer people, including the driver, and a gross vehicle weight
25.24 rating of 10,000 pounds or less. In this subdivision, "gross
25.25 vehicle weight rating" means the value specified by the
25.26 manufacturer as the loaded weight of a single vehicle. A "type
25.27 III school bus" and "type III Head Start bus" must not be
25.28 outwardly equipped and identified as a type A, B, C, or D school
25.29 bus or type A, B, C, or D Head Start bus. A van or bus
25.30 converted to a seating capacity of ten or fewer and placed in
25.31 service on or after August 1, 1999, must have been originally
25.32 manufactured to comply with the passenger safety standards.
25.33 Sec. 18. Minnesota Statutes 2002, section 169.01,
25.34 subdivision 75, is amended to read:
25.35 Subd. 75. [COMMERCIAL MOTOR VEHICLE.] (a) "Commercial
25.36 motor vehicle" means a motor vehicle or combination of motor
26.1 vehicles used to transport passengers or property if the motor
26.2 vehicle:
26.3 (1) has a gross vehicle weight of more than 26,000 pounds;
26.4 (2) has a towed unit with a gross vehicle weight of more
26.5 than 10,000 pounds and the combination of vehicles has a
26.6 combined gross vehicle weight of more than 26,000 pounds;
26.7 (3) is a bus;
26.8 (4) is of any size and is used in the transportation of
26.9 hazardous materials, except for those vehicles having a gross
26.10 vehicle weight of 26,000 pounds or less while carrying in bulk
26.11 tanks a total of not more than 200 gallons of petroleum products
26.12 and liquid fertilizer; or
26.13 (5) is outwardly equipped and identified as a school bus,
26.14 except for type A-II A-I and type III school buses as defined in
26.15 subdivision 6.
26.16 (b) For purposes of chapter 169A:
26.17 (1) a commercial motor vehicle does not include a farm
26.18 truck, fire-fighting equipment, or recreational equipment being
26.19 operated by a person within the scope of section 171.02,
26.20 subdivision 2, paragraph (b); and
26.21 (2) a commercial motor vehicle includes a vehicle capable
26.22 of or designed to meet the standards described in paragraph (a),
26.23 clause (2), whether or not the towed unit is attached to the
26.24 truck-tractor at the time of the violation or stop.
26.25 Sec. 19. Minnesota Statutes 2002, section 169.442,
26.26 subdivision 1, is amended to read:
26.27 Subdivision 1. [SIGNALS REQUIRED.] A type A, B, C, or D
26.28 school bus must be equipped with a at least one stop-signal arm,
26.29 prewarning flashing amber signals, and flashing red signals.
26.30 Sec. 20. Minnesota Statutes 2002, section 169.442,
26.31 subdivision 5, is amended to read:
26.32 Subd. 5. [WHITE STROBE LAMPS ON CERTAIN BUSES TRANSPORTING
26.33 CHILDREN.] (a) Notwithstanding sections 169.55, subdivision 1;
26.34 169.57, subdivision 3, paragraph (b), or other law to the
26.35 contrary, a school bus that is subject to and complies with the
26.36 equipment requirements of subdivision 1 and section 169.441,
27.1 subdivision 1, or a Head Start bus that is not a type III bus
27.2 defined in section 169.01, subdivision 6, may be equipped with a
27.3 360-degree, flashing strobe lamp that emits a white light with a
27.4 flash rate of 60 to 120 flashes a minute. The lamp may be used
27.5 only as provided in this subdivision.
27.6 (b) The strobe lamp must be of a double flash type
27.7 certified to the commissioner of public safety by the
27.8 manufacturer as being weatherproof and having a minimum
27.9 effective light output of 200 candelas as measured by the
27.10 Blondel-Rey formula. The lamp must be permanently mounted on
27.11 the longitudinal centerline of the bus roof not less than two
27.12 feet nor more than seven feet forward of the rear roof edge. It
27.13 must operate from a separate switch containing an indicator lamp
27.14 to show when the strobe lamp is in use.
27.15 (c) The strobe lamp may be lighted only when atmospheric
27.16 conditions or terrain restrict the visibility of school bus
27.17 lamps and signals or Head Start bus lamps and signals so as to
27.18 require use of the bright strobe lamp to alert motorists to the
27.19 presence of the school bus or Head Start bus. A strobe lamp may
27.20 not be lighted unless the school bus or Head Start bus is
27.21 actually being used as a school bus or Head Start bus.
27.22 Sec. 21. Minnesota Statutes 2002, section 169.443,
27.23 subdivision 1, is amended to read:
27.24 Subdivision 1. [USING BUS SIGNALS.] A driver of a school
27.25 bus shall activate the prewarning flashing amber signals of the
27.26 bus before stopping to load or unload school children. The
27.27 driver shall activate and continuously operate the amber signals
27.28 for a distance of at least 100 feet before stopping in a speed
27.29 zone of 35 miles per hour or less and at least 300 feet before
27.30 stopping in a speed zone of more than 35 miles per hour. On
27.31 stopping for this purpose, the driver shall extend the
27.32 stop-signal arm system and activate the flashing red signals.
27.33 The driver shall not retract the stop-signal arm system nor
27.34 extinguish the flashing red signals until loading or unloading
27.35 is completed, students are seated, and children who must cross
27.36 the roadway are safely across.
28.1 Sec. 22. Minnesota Statutes 2002, section 169.443,
28.2 subdivision 2, is amended to read:
28.3 Subd. 2. [USE OF STOP-SIGNAL ARM.] (a) The stop-signal arm
28.4 system of a school bus must be used in conjunction with the
28.5 flashing red signals only when the school bus is stopped on a
28.6 street or highway to load or unload school children.
28.7 (b) A local authority, including the governing body of an
28.8 Indian tribe, may by ordinance require that a school bus
28.9 activate the stop-signal arm system and flashing red signals
28.10 while stopped to unload school children at a location other than
28.11 a location on a street or highway. The ordinance must designate
28.12 each location where the requirement is imposed. The requirement
28.13 is effective only if the local authority has erected signs at or
28.14 near the location to provide adequate notice that other vehicles
28.15 are required to obey section 169.444, subdivision 1, when those
28.16 signals are activated.
28.17 Sec. 23. Minnesota Statutes 2002, section 169.4501,
28.18 subdivision 1, is amended to read:
28.19 Subdivision 1. [NATIONAL STANDARDS ADOPTED.] Except as
28.20 provided in sections 169.4502 and 169.4503, the construction,
28.21 design, equipment, and color of types A, B, C, and D school
28.22 buses used for the transportation of school children shall meet
28.23 the requirements of the "bus chassis standards" and "bus body
28.24 standards" in the 1995 revised 2000 edition of the "National
28.25 Standards for School Buses and School Bus
28.26 Operations Transportation Specifications and Procedures" adopted
28.27 by the Twelfth National Conference on School Transportation.
28.28 Except as provided in section 169.4504, the construction,
28.29 design, and equipment of types A, B, C, and D school buses used
28.30 for the transportation of students with disabilities also shall
28.31 meet the requirements of the "specially equipped school bus
28.32 standards" in the 1995 2000 National Standards for School Buses
28.33 and School Bus Operations Transportation Specifications and
28.34 Procedures. The "bus chassis standards," "bus body standards,"
28.35 and "specially equipped school bus standards" sections of
28.36 the 1995 revised 2000 edition of the "National Standards for
29.1 School Buses and School Bus Operations Transportation
29.2 Specifications and Procedures" are incorporated by reference in
29.3 this chapter.
29.4 Sec. 24. Minnesota Statutes 2002, section 169.4501,
29.5 subdivision 2, is amended to read:
29.6 Subd. 2. [APPLICABILITY.] (a) The standards adopted in
29.7 this section and sections 169.4502 and 169.4503, govern the
29.8 construction, design, equipment, and color of school buses used
29.9 for the transportation of school children, when owned or leased
29.10 and operated by a school or privately owned or leased and
29.11 operated under a contract with a school, and these standards
29.12 must be made a part of that contract by reference. Each school,
29.13 its officers and employees, and each person employed under the
29.14 contract is subject to these standards.
29.15 (b) The standards apply to school buses manufactured after
29.16 December 31, 1997 October 31, 2004. Buses complying with these
29.17 the standards when manufactured need not comply with standards
29.18 established later except as specifically provided for by law.
29.19 (c) A school bus manufactured on or before December 31,
29.20 1997 October 31, 2004, must conform to the Minnesota standards
29.21 in effect on the date the vehicle was manufactured except as
29.22 specifically provided for in law.
29.23 (d) A new bus body may be remounted on a used chassis
29.24 provided that the remounted vehicle meets state and federal
29.25 standards for new buses which are current at the time of the
29.26 remounting. Permission must be obtained from the commissioner
29.27 of public safety before the remounting is done. A used bus body
29.28 may not be remounted on a new or used chassis.
29.29 Sec. 25. Minnesota Statutes 2002, section 169.4502,
29.30 subdivision 11, is amended to read:
29.31 Subd. 11. [TIRE AND RIM.] The use of multipiece rims or
29.32 tube-type tires is not permitted on school buses manufactured
29.33 after October 31, 2004. Radial and bias-ply tires shall not be
29.34 used on the same axle. Front tire tread depth shall not be less
29.35 than 4/32 inch in any major tire tread groove. Rear tire tread
29.36 shall not be less than 2/32 inch. Tires must be measured in
30.1 three locations around the tire, in two adjoining grooves. No
30.2 recapped tires shall be used on the front wheels. Recapped
30.3 tires are permitted on the rear wheels.
30.4 Sec. 26. Minnesota Statutes 2002, section 169.4503,
30.5 subdivision 5, is amended to read:
30.6 Subd. 5. [COLORS AND REFLECTIVE MATERIALS.] Fenderettes
30.7 may be black. The beltline may be painted yellow over black or
30.8 black over yellow. The rub rails shall be black. The
30.9 reflective material on the sides of the bus body shall be at
30.10 least one inch but not more than two inches in width. This
30.11 reflective material requirement and the requirement that "SCHOOL
30.12 BUS" signs have reflective material as background are effective
30.13 for buses manufactured after January 1, 1996.
30.14 Sec. 27. Minnesota Statutes 2002, section 169.4503,
30.15 subdivision 14, is amended to read:
30.16 Subd. 14. [INSULATION.] (a) Ceilings and walls shall be
30.17 insulated to a minimum of 1-1/2 inch fiberglass and installed so
30.18 the insulation does not compact or sag. Floor insulation must
30.19 be nominal 19/32 inches thick plywood, or a material of equal or
30.20 greater strength and insulation R value that equals or exceeds
30.21 properties of exterior-type softwood plywood, C-D grade as
30.22 specified in standard issued by the United States Department of
30.23 Commerce. Type A-II buses must have a minimum of one-half inch
30.24 plywood. All exposed edges on plywood shall be sealed. Every
30.25 school bus shall be constructed so that the noise level taken at
30.26 the ear of the occupant nearest to the primary vehicle noise
30.27 source shall not exceed 85 dba when tested according to
30.28 procedures in the 1995 National Standards for School Buses and
30.29 School Bus Operations Thermal insulation is required. It shall
30.30 be fire-resistant, UL approved, with minimum R-value of 5.5.
30.31 Insulation shall be installed so as to prevent sagging.
30.32 (b) The underside of metal floor may be undercoated with
30.33 polyurethane floor insulation, foamed in place. The floor
30.34 insulation must be combustion resistant. The authorization in
30.35 this paragraph does not replace the plywood requirement Floor
30.36 insulation is required. It shall be five-ply nominal
31.1 five-eighths inch-thick plywood, and shall equal or exceed
31.2 properties of the exterior-type softwood plywood, C-D Grade, as
31.3 specified in the standard issued by United States Department of
31.4 Commerce. All exposed edges on plywood shall be sealed. Type
31.5 A-I buses shall be equipped with nominal one-half inch-thick
31.6 plywood or equivalent material meeting the above requirements.
31.7 Equivalent material may be used to replace plywood, provided it
31.8 has an equal or greater insulation R value, deterioration, sound
31.9 abatement, and moisture resistance properties.
31.10 Sec. 28. Minnesota Statutes 2002, section 169.4503,
31.11 subdivision 16, is amended to read:
31.12 Subd. 16. [LAMPS AND SIGNALS.] (a) Each school bus shall
31.13 be equipped with a system consisting of four red signal lamps
31.14 designed to conform to SAE Standard J887, and four amber signal
31.15 lamps designed to that standard, except for color, and except
31.16 that their candlepower must be at least 2-1/2 times that
31.17 specified for red turn-signal lamps. Both red and amber signal
31.18 lamps must be installed in accordance with SAE Standard J887,
31.19 except that each amber signal lamp must be located near each red
31.20 signal lamp, at the same level, but closer to the centerline of
31.21 the bus. The system must be wired so that the amber signal
31.22 lamps are activated only by hand operation, and if activated,
31.23 are automatically deactivated and the red signal lamps are
31.24 automatically activated when the bus entrance door is opened.
31.25 Signal lamps must flash alternately. Each signal lamp must
31.26 flash not less than 60 nor more than 120 flashes per minute.
31.27 The "on" period must be long enough to permit filament to come
31.28 up to full brightness. There must be a pilot lamp which goes on
31.29 when the respective amber or red system is activated. The pilot
31.30 lamp must either go out or flash at an alternate rate in the
31.31 event the system is not functioning normally. The signal lamp
31.32 system must include a closed control box. The box must be as
31.33 small as practical, and must be easily dismounted or partially
31.34 disassembled to provide access for maintenance purposes. The
31.35 control panel box shall be arranged such that the momentary
31.36 activating switch for the eight-lamp warning system shall be
32.1 located on the left, the red (or red and amber) pilot light
32.2 shall be located in the middle, and the eight-way master switch
32.3 shall be located on the right. The control box must be securely
32.4 mounted to the right of the steering wheel, within easy
32.5 unobstructed reach of the driver. Switches and pilot lamp must
32.6 be readily visible to the driver. The activating switch may be
32.7 self-illuminated. Other warning devices or lamp controls must
32.8 not be placed near the lamp control. The stop arm shall extend
32.9 automatically whenever the service entrance door is opened and
32.10 the eight-way lights are activated.
32.11 (b) If installed, a white flashing strobe shall be of a
32.12 double flash type and have minimum effective light output of 200
32.13 candelas. No roof hatch can be mounted behind the strobe light.
32.14 (c) Type B, C, and D buses shall have an amber clearance
32.15 lamp with a minimum of four candlepower mounted on the right
32.16 side of the body at approximately seat-level rub rail height
32.17 just to the rear of the service door and another one at
32.18 approximately opposite the driver's seat on the left side.
32.19 These lamps are to be connected to operate only with the regular
32.20 turn-signal lamps.
32.21 (d) (b) All lamps on the exterior of the vehicle must
32.22 conform with and be installed as required by federal motor
32.23 vehicle safety standard number 108, Code of Federal Regulations,
32.24 title 49, part 571.
32.25 (e) (c) A type A, B, C, or D school bus manufactured for
32.26 use in Minnesota after December 31, 1994, may not be equipped
32.27 with red turn-signal lenses on the rear of the bus.
32.28 Sec. 29. Minnesota Statutes 2002, section 169.4503,
32.29 subdivision 20, is amended to read:
32.30 Subd. 20. [SEAT AND CRASH BARRIERS.] All restraining
32.31 barriers and passenger seats shall be covered with a material
32.32 that has fire retardant or fire block characteristics. All
32.33 seats must face forward. All seat and crash barriers must be
32.34 installed according to and conform to federal motor vehicle
32.35 safety standard number 222, Code of Federal Regulations, title
32.36 49, part 571.
33.1 Sec. 30. Minnesota Statutes 2002, section 169.4503, is
33.2 amended by adding a subdivision to read:
33.3 Subd. 26. [CROSSING CONTROL ARM.] If a bus is equipped
33.4 with a crossing control arm, an automatic recycling interrupt
33.5 switch may be installed for temporary disabling of the crossing
33.6 control arm.
33.7 Sec. 31. Minnesota Statutes 2003 Supplement, section
33.8 171.321, subdivision 5, is amended to read:
33.9 Subd. 5. [ANNUAL EVALUATION AND LICENSE VERIFICATION.] (a)
33.10 A school district, nonpublic school, or private contractor shall
33.11 provide in-service training annually to each school bus driver.
33.12 (b) A school district, nonpublic school, or private
33.13 contractor shall annually verify the validity of the driver's
33.14 license of each person employee who regularly transports
33.15 students for the district in a type A school bus, a type B
33.16 school bus, a type C school bus, or type D school bus, or
33.17 regularly transports students for the district in a type III
33.18 vehicle with the National Driver Register or with the Department
33.19 of Public Safety.
33.20 Sec. 32. [RULEMAKING AUTHORITY.]
33.21 Subdivision 1. [SUPPLEMENTAL EDUCATION SERVICE PROVIDERS.]
33.22 The commissioner of education shall adopt rules under Minnesota
33.23 Statutes, chapter 14, making permanent the supplemental
33.24 education service provider exempt rules authorized under Laws
33.25 2003, chapter 129, article 2, section 3.
33.26 Subd. 2. [STATEWIDE TESTING.] The commissioner of
33.27 education shall adopt rules under Minnesota Statutes, chapter
33.28 14, for the administration of statewide accountability tests
33.29 under Minnesota Statutes, section 120B.30, to ensure security
33.30 and integrity of the tests and test results.
33.31 [EFFECTIVE DATE.] This section is effective the day
33.32 following final enactment.
33.33 Sec. 33. [COMPARATIVE ASSESSMENT STUDY.]
33.34 The Office of Education Accountability at the University of
33.35 Minnesota, in consultation with the Department of Education,
33.36 shall conduct a study on the cost of implementing a
34.1 computer-based adaptive test to replace the Minnesota
34.2 comprehensive assessments. The Office of Educational
34.3 Accountability shall report to the education committees of the
34.4 legislature the results of the study by June 15, 2005.
34.5 [EFFECTIVE DATE.] This section is effective the day
34.6 following final enactment.
34.7 Sec. 34. [REPEALER.]
34.8 Minnesota Statutes 2002, sections 169.447, subdivision 6;
34.9 169.4502, subdivisions 7, 9, 13, and 14; 169.4503, subdivisions
34.10 10, 10a, 21, and 25, are repealed effective October 31, 2004.
34.11 ARTICLE 3
34.12 SPECIAL PROGRAMS
34.13 Section 1. Minnesota Statutes 2002, section 125A.023,
34.14 subdivision 3, is amended to read:
34.15 Subd. 3. [DEFINITIONS.] For purposes of this section and
34.16 section 125A.027, the following terms have the meanings given
34.17 them:
34.18 (a) "Health plan" means:
34.19 (1) a health plan under section 62Q.01, subdivision 3;
34.20 (2) a county-based purchasing plan under section 256B.692;
34.21 (3) a self-insured health plan established by a local
34.22 government under section 471.617; or
34.23 (4) self-insured health coverage provided by the state to
34.24 its employees or retirees.
34.25 (b) For purposes of this section, "health plan company"
34.26 means an entity that issues a health plan as defined in
34.27 paragraph (a).
34.28 (c) "Individual interagency intervention plan" means a
34.29 standardized written plan describing those programs or services
34.30 and the accompanying funding sources available to eligible
34.31 children with disabilities.
34.32 (d) "Interagency intervention service system" means a
34.33 system that coordinates services and programs required in state
34.34 and federal law to meet the needs of eligible children with
34.35 disabilities ages three to birth through 21, including:
34.36 (1) services provided under the following programs or
35.1 initiatives administered by state or local agencies:
35.2 (i) the maternal and child health program under title V of
35.3 the Social Security Act, United States Code, title 42, sections
35.4 701 to 709;
35.5 (ii) the Minnesota Children with Special Health Needs
35.6 program under sections 144.05 and 144.07;
35.7 (iii) the Individuals with Disabilities Education Act under
35.8 United States Code, title 20, chapter 33, subchapter II,
35.9 sections 1411 to 1420, Part B, section 619, and Part C as
35.10 amended;
35.11 (iii) (iv) medical assistance under title 42, chapter 7, of
35.12 the Social Security Act, United States Code, title 42, chapter
35.13 7, subchapter XIX, section 1396, et seq.;
35.14 (iv) (v) the developmental disabilities Assistance and Bill
35.15 of Rights Act, United States Code, title 42, chapter 75,
35.16 subchapter II, sections 6021 to 6030, Part B services under
35.17 chapter 256B;
35.18 (v) (vi) the Head Start Act, United States Code, title 42,
35.19 chapter 105, subchapter II, sections 9831 to 9852 under title
35.20 42, chapter 105, of the Social Security Act;
35.21 (vi) (vii) vocational rehabilitation services provided
35.22 under chapter chapters 248 and 268A and the Rehabilitation Act
35.23 of 1973;
35.24 (vii) (viii) Juvenile Court Act services provided under
35.25 sections 260.011 to 260.91; 260B.001 to 260B.446; and 260C.001
35.26 to 260C.451;
35.27 (viii) the children's mental health collaboratives under
35.28 section 245.493;
35.29 (ix) the family service collaboratives under section
35.30 124D.23;
35.31 (x) the family community support plan under section
35.32 245.4881, subdivision 4;
35.33 (xi) the MinnesotaCare program under chapter 256L;
35.34 (xii) (ix) Minnesota Comprehensive Children's Mental Health
35.35 Act under section 245.487;
35.36 (x) the community health services grants under chapter
36.1 145 sections 145.88 to 145.9266;
36.2 (xiii) the Community Social Services Act funding under the
36.3 Social Security Act, United States Code, title 42, sections 1397
36.4 to 1397f; and
36.5 (xiv) the community transition interagency committees under
36.6 section 125A.22;
36.7 (xi) the Local Public Health Act under chapter 145A; and
36.8 (xii) the Children and Community Services Act, sections
36.9 256M.60 to 256M.80;
36.10 (2) service provision and funding that can be coordinated
36.11 through:
36.12 (i) the children's mental health collaborative under
36.13 section 245.493;
36.14 (ii) the family services collaborative under section
36.15 124D.23;
36.16 (iii) the community transition interagency committees under
36.17 section 125A.22; and
36.18 (iv) the interagency early intervention committees under
36.19 section 125A.259;
36.20 (3) financial and other funding programs to be coordinated
36.21 including medical assistance under title 42, chapter 7, of the
36.22 Social Security Act, the MinnesotaCare program under chapter
36.23 256L, Supplemental Social Security Income, Developmental
36.24 Disabilities Assistance, and any other employment-related
36.25 activities associated with the Social Security Administration;
36.26 and services provided under a health plan in conformity with an
36.27 individual family service plan or an individual education
36.28 plan or an individual interagency intervention plan; and
36.29 (3) (4) additional appropriate services that local agencies
36.30 and counties provide on an individual need basis upon
36.31 determining eligibility and receiving a request from the
36.32 interagency early intervention committee and the child's parent.
36.33 (e) "Children with disabilities" has the meaning given in
36.34 section 125A.02.
36.35 (f) A "standardized written plan" means those individual
36.36 services or programs available through the interagency
37.1 intervention service system to an eligible child other than the
37.2 services or programs described in the child's individual
37.3 education plan or the child's individual family service plan.
37.4 Sec. 2. Minnesota Statutes 2002, section 125A.03, is
37.5 amended to read:
37.6 125A.03 [SPECIAL INSTRUCTION FOR CHILDREN WITH A
37.7 DISABILITY.]
37.8 (a) As defined in paragraph (b), every district must
37.9 provide special instruction and services, either within the
37.10 district or in another district, for all children with a
37.11 disability, including providing required services under the Code
37.12 of Federal Regulations, title 34, section 300.121, paragraph
37.13 (d), to those children suspended or expelled from school for
37.14 more than ten school days in that school year, who are residents
37.15 of the district and who are disabled as set forth in section
37.16 125A.02. For purposes of state and federal special education
37.17 laws, the phrase "special instruction and services" in the state
37.18 education code means a free and appropriate public education
37.19 provided to an eligible child with disabilities and includes
37.20 special education and related services defined in the
37.21 Individuals with Disabilities Education Act, subpart A, section
37.22 300.24.
37.23 (b) Notwithstanding any age limits in laws to the contrary,
37.24 special instruction and services must be provided from birth
37.25 until July 1 after the child with a disability becomes 21 years
37.26 old but shall not extend beyond secondary school or its
37.27 equivalent, except as provided in section 124D.68, subdivision
37.28 2. Local health, education, and social service agencies must
37.29 refer children under age five who are known to need or suspected
37.30 of needing special instruction and services to the school
37.31 district. Districts with less than the minimum number of
37.32 eligible children with a disability as determined by the
37.33 commissioner must cooperate with other districts to maintain a
37.34 full range of programs for education and services for children
37.35 with a disability. This section does not alter the compulsory
37.36 attendance requirements of section 120A.22.
38.1 [EFFECTIVE DATE.] This section is effective the day
38.2 following final enactment.
38.3 ARTICLE 4
38.4 FACILITIES
38.5 Section 1. Minnesota Statutes 2002, section 123B.53,
38.6 subdivision 6, is amended to read:
38.7 Subd. 6. [DEBT SERVICE EQUALIZATION AID.] (a) A district's
38.8 debt service equalization aid is the sum of the district's first
38.9 tier debt service equalization aid and the district's second
38.10 tier debt service equalization aid.
38.11 (b) A district's first tier debt service equalization aid
38.12 equals the difference between the district's first tier debt
38.13 service equalization revenue and the district's first tier
38.14 equalized debt service levy.
38.15 (c) A district's second tier debt service equalization aid
38.16 equals the difference between the district's second tier debt
38.17 service equalization revenue and the district's second tier
38.18 equalized debt service levy.
38.19 Sec. 2. Minnesota Statutes 2003 Supplement, section
38.20 475.61, subdivision 4, is amended to read:
38.21 Subd. 4. [SURPLUS FUNDS.] (a) All such taxes shall be
38.22 collected and remitted to the municipality by the county
38.23 treasurer as other taxes are collected and remitted, and shall
38.24 be used only for payment of the obligations on account of which
38.25 levied or to repay advances from other funds used for such
38.26 payments, except that any surplus remaining in the debt service
38.27 fund when the obligations and interest thereon are paid may be
38.28 appropriated to any other general purpose by the municipality.
38.29 However, the amount of any surplus remaining in the debt service
38.30 fund of a school district when the obligations and interest
38.31 thereon are paid shall be used to reduce the general fund levy
38.32 authorized pursuant to chapters 122A, 123A, 123B, 124D, and 126C
38.33 and the state aids authorized pursuant to chapters 122A, 123A,
38.34 123B, 124D, 125A, 126C, and 127A.
38.35 (b) If the district qualified for second tier debt service
38.36 equalization aid in the last year that it qualified for debt
39.1 service equalization aid, the reduction to state aids equals the
39.2 lesser of (1) the amount of the surplus times the ratio of the
39.3 district's second tier debt service equalization aid to the
39.4 district's second tier debt service equalization revenue for the
39.5 last year that the district qualified for debt service
39.6 equalization aid; or (2) the district's cumulative amount of
39.7 debt service equalization aid.
39.8 (c) If the district did not qualify for second tier debt
39.9 service equalization aid in the last year that it qualified for
39.10 debt service equalization aid, the reduction to state aids
39.11 equals the lesser of (1) the amount of the surplus times the
39.12 ratio of the district's debt service equalization aid to the
39.13 district's debt service equalization revenue for the last year
39.14 that the district qualified for debt service equalization aid;
39.15 or (2) the district's cumulative amount of debt service
39.16 equalization aid.
39.17 (c) (d) The reduction to the general fund levy equals the
39.18 total amount of the surplus minus the reduction to state aids.
39.19 [EFFECTIVE DATE.] This section is effective for revenue for
39.20 fiscal year 2005.
39.21 ARTICLE 5
39.22 TECHNICAL AND CONFORMING AMENDMENTS
39.23 Section 1. Minnesota Statutes 2003 Supplement, section
39.24 120B.021, subdivision 3, is amended to read:
39.25 Subd. 3. [RULEMAKING.] (a) The commissioner, consistent
39.26 with the requirements of this section and section 120B.022, must
39.27 adopt statewide rules under section 14.389 for implementing
39.28 statewide rigorous core academic standards in language arts,
39.29 mathematics, and the arts. After the rules authorized under
39.30 this paragraph are initially adopted, the commissioner may not
39.31 amend or repeal these rules nor adopt new rules on the same
39.32 topic without specific legislative authorization. These
39.33 academic standards must be implemented for all students
39.34 beginning in the 2003-2004 school year.
39.35 (b) The rules authorized under this section are not subject
39.36 to section 14.127.
40.1 Sec. 2. Minnesota Statutes 2002, section 120B.35, is
40.2 amended by adding a subdivision to read:
40.3 Subd. 5. [IMPROVING GRADUATION RATES FOR STUDENTS WITH
40.4 EMOTIONAL OR BEHAVIORAL DISORDERS.] (a) A district must develop
40.5 strategies in conjunction with parents of students with
40.6 emotional or behavioral disorders and the county board
40.7 responsible for implementing sections 245.487 to 245.4887 to
40.8 keep students with emotional or behavioral disorders in school,
40.9 when the district has a drop-out rate for students with an
40.10 emotional or behavioral disorder in grades 9 through 12
40.11 exceeding 25 percent.
40.12 (b) A district must develop a plan in conjunction with
40.13 parents of students with emotional or behavioral disorders and
40.14 the local mental health authority to increase the graduation
40.15 rates of students with emotional or behavioral disorders. A
40.16 district with a drop-out rate for children with an emotional or
40.17 behavioral disturbance in grades 9 through 12 that is in the top
40.18 25 percent of all districts shall submit a plan for review and
40.19 oversight to the commissioner.
40.20 Sec. 3. Minnesota Statutes 2002, section 123A.442,
40.21 subdivision 2, is amended to read:
40.22 Subd. 2. [COOPERATION AND COMBINATION.] Districts that
40.23 receive a cooperative secondary facilities grant after May 1,
40.24 1991, shall:
40.25 (1) submit a plan as set forth in section 123A.36 for
40.26 approval by the State Board of Education before December 31,
40.27 1999, or Department of Education after December 30, 1999; and
40.28 (2) hold a referendum on the question of combination no
40.29 later than four years after a grant is awarded under subdivision
40.30 1.
40.31 The districts are eligible for cooperation and combination
40.32 revenue under section 123A.39, subdivision 3.
40.33 Sec. 4. Minnesota Statutes 2002, section 123A.443,
40.34 subdivision 4, is amended to read:
40.35 Subd. 4. [DISTRICT PROCEDURES.] A joint powers board of a
40.36 secondary district established under subdivision 2 or a school
41.1 board of a reorganized district that intends to apply for a
41.2 grant must adopt a resolution stating the proposed costs of the
41.3 project, the purpose for which the costs are to be incurred, and
41.4 an estimate of the dates when the facilities for which the grant
41.5 is requested will be contracted for and completed. Applications
41.6 for the state grants must be accompanied by (a) a copy of the
41.7 resolution, (b) a certificate by the clerk and treasurer of the
41.8 joint powers board showing the current outstanding indebtedness
41.9 of each member district, and (c) a certificate by the county
41.10 auditor of each county in which a portion of the joint powers
41.11 district lies showing the information in the auditor's official
41.12 records that is required to be used in computing the debt limit
41.13 of the district under section 475.53, subdivision 4. The
41.14 clerk's and treasurer's certificate must show, as to each
41.15 outstanding bond issue of each member district, the amount
41.16 originally issued, the purpose for which issued, the date of
41.17 issue, the amount remaining unpaid as of the date of the
41.18 resolution, and the interest rates and due dates and amounts of
41.19 principal thereon. Applications and necessary data must be in
41.20 the form prescribed by the commissioner and the rules of the
41.21 State Board of Education before December 31, 1999, and after
41.22 December 30, 1999, in the form prescribed by the commissioner.
41.23 Applications must be received by the commissioner by September 1
41.24 of an odd-numbered year. When an application is received, the
41.25 commissioner shall obtain from the commissioner of revenue, and
41.26 from the public utilities commission when required, the
41.27 information in their official records that is required to be
41.28 used in computing the debt limit of the joint powers district
41.29 under section 475.53, subdivision 4.
41.30 Sec. 5. Minnesota Statutes 2002, section 123A.55, is
41.31 amended to read:
41.32 123A.55 [CLASSES, NUMBER.]
41.33 Districts shall be classified as common, independent, or
41.34 special districts, each of which is a public corporation. Each
41.35 district shall be known by its classification and assigned a
41.36 number by the commissioner so that its title will be ..........
42.1 School District Number No. ..... .
42.2 Sec. 6. Minnesota Statutes 2002, section 123B.58,
42.3 subdivision 2, is amended to read:
42.4 Subd. 2. [FIRE SAFETY MODIFICATIONS.] If a district has
42.5 insufficient money in its capital expenditure fund to make
42.6 modifications to a school building required by a fire inspection
42.7 conducted according to section 123B.73 299F.47, the district may
42.8 submit an application to the commissioner containing information
42.9 required by the commissioner. The commissioner shall approve or
42.10 disapprove of the application according to criteria established
42.11 by the commissioner. The criteria shall take into consideration
42.12 the cost-effectiveness of making modifications to older
42.13 buildings.
42.14 Sec. 7. Minnesota Statutes 2002, section 124D.19,
42.15 subdivision 11, is amended to read:
42.16 Subd. 11. [SCHOOL-AGE CARE PROGRAMS.] (a) A school board
42.17 may offer, as part of a community education program, a
42.18 school-age care program for children from kindergarten through
42.19 grade 6 for the purpose of expanding students' learning
42.20 opportunities. If the school board chooses not to offer a
42.21 school-age care program, it may allow an appropriate insured
42.22 community group, for profit entity or nonprofit organization to
42.23 use available school facilities for the purpose of offering a
42.24 school-age care program.
42.25 (b) A school-age care program must include the following:
42.26 (1) adult supervised programs while school is not in
42.27 session;
42.28 (2) parental involvement in program design and direction;
42.29 (3) partnerships with the kindergarten through grade 12
42.30 system, and other public, private, or nonprofit entities;
42.31 (4) opportunities for trained secondary school pupils to
42.32 work with younger children in a supervised setting as part of a
42.33 community service program; and
42.34 (5) access to available school facilities, including the
42.35 gymnasium, sports equipment, computer labs, and media centers,
42.36 when not otherwise in use as part of the operation of the
43.1 school. The school district may establish reasonable rules
43.2 relating to access to these facilities and may require that:
43.3 (i) the organization request access to the facilities and
43.4 prepare and maintain a schedule of proposed use;
43.5 (ii) the organization provide evidence of adequate
43.6 insurance to cover the activities to be conducted in the
43.7 facilities; and
43.8 (iii) the organization prepare and maintain a plan
43.9 demonstrating the adequacy and training of staff to supervise
43.10 the use of the facilities.
43.11 (c) The district may charge a sliding fee based upon family
43.12 income for school-age care programs. The district may receive
43.13 money from other public or private sources for the school-age
43.14 care program. The board of the district must develop standards
43.15 for school-age child care programs. The State Board
43.16 commissioner of education may not adopt rules for school-age
43.17 care programs.
43.18 (d) The district shall maintain a separate account within
43.19 the community services fund for all funds related to the
43.20 school-age care program.
43.21 (e) A district is encouraged to coordinate the school-age
43.22 care program with its special education, vocational education,
43.23 adult basic education, early childhood family education
43.24 programs, kindergarten through grade 12 instruction and
43.25 curriculum services, youth development and youth service
43.26 agencies, and with related services provided by other
43.27 governmental agencies and nonprofit agencies.
43.28 Sec. 8. Minnesota Statutes 2003 Supplement, section
43.29 124D.20, subdivision 11, is amended to read:
43.30 Subd. 11. [RESERVE ACCOUNT LIMIT.] (a) Under this section,
43.31 the sum of the average balances during the most recent
43.32 three-year period in a district's community education reserve
43.33 account and unreserved/undesignated community service fund
43.34 account on June 30 of each year, adjusted for any prior
43.35 reductions under this subdivision, must not be greater than 25
43.36 percent of the sum of the district's maximum total community
44.1 education revenue under subdivision 1, excluding adjustments
44.2 under this subdivision, plus the district's additional community
44.3 education levy under section 124D.21, plus any fees, grants, or
44.4 other revenue received by the district for community education
44.5 programs for the prior year. For purposes of this paragraph,
44.6 "community education programs" means programs according to
44.7 subdivisions 8, paragraph (a), and 9, and section 124D.19,
44.8 subdivision 12, excluding early childhood family education
44.9 programs under section 124D.13, school readiness programs under
44.10 sections section 124D.15 and 124D.17, and adult basic education
44.11 programs under section 124D.52.
44.12 (b) If the sum of the average balances during the most
44.13 recent three-year period in a district's community education
44.14 reserve account and unreserved/undesignated community service
44.15 fund account on June 30 of each year, adjusted for any prior
44.16 reductions under this subdivision, is in excess of the limit
44.17 under paragraph (a), the district's community education state
44.18 aid and levy authority for the current school year must be
44.19 reduced by the lesser of the current year revenue under
44.20 subdivision 1 or the excess reserve amount. The aid reduction
44.21 equals the product of the lesser of the excess reserve amount or
44.22 the current year revenue under subdivision 1 times the ratio of
44.23 the district's aid for the current year under subdivision 7 to
44.24 the district's revenue for the current year under subdivision
44.25 1. The levy reduction equals the excess reserve amount minus
44.26 the aid reduction. For purposes of this paragraph, if a
44.27 district does not levy the entire amount permitted under
44.28 subdivision 5 or 6, the revenue under subdivision 1 must be
44.29 reduced in proportion to the actual amount levied.
44.30 (c) Notwithstanding paragraph (a), for fiscal year 2003,
44.31 the excess reserve amount shall be computed using the balances
44.32 in a district's community education reserve account and
44.33 unreserved/undesignated community service fund account on June
44.34 30, 2002. For fiscal year 2004, the excess reserve amount shall
44.35 be computed using the adjusted average balances in a district's
44.36 community education reserve account and unreserved/undesignated
45.1 community service fund account on June 30, 2002, and June 30,
45.2 2003.
45.3 Sec. 9. Minnesota Statutes 2002, section 124D.68,
45.4 subdivision 3, is amended to read:
45.5 Subd. 3. [ELIGIBLE PROGRAMS.] (a) A pupil who is eligible
45.6 according to subdivision 2 may enroll in area learning centers
45.7 under sections 123A.05 to 123A.08, or according to section
45.8 122A.164.
45.9 (b) A pupil who is eligible according to subdivision 2 and
45.10 who is between the ages of 16 and 21 may enroll in postsecondary
45.11 courses under section 124D.09.
45.12 (c) A pupil who is eligible under subdivision 2, may enroll
45.13 in any public elementary or secondary education program.
45.14 However, a person who is eligible according to subdivision 2,
45.15 clause (b), may enroll only if the school board has adopted a
45.16 resolution approving the enrollment.
45.17 (d) A pupil who is eligible under subdivision 2, may enroll
45.18 in any nonpublic, nonsectarian school that has contracted with
45.19 the serving school district to provide educational services.
45.20 (e) A pupil who is between the ages of 16 and 21 may enroll
45.21 in any adult basic education programs approved under section
45.22 124D.52 and operated under the community education program
45.23 contained in section 124D.19.
45.24 Sec. 10. Minnesota Statutes 2002, section 125A.07, is
45.25 amended to read:
45.26 125A.07 [RULES OF COMMISSIONER.]
45.27 (a) As defined in this paragraph, the commissioner must
45.28 adopt rules relative to qualifications of essential personnel,
45.29 courses of study, methods of instruction, pupil eligibility,
45.30 size of classes, rooms, equipment, supervision, parent
45.31 consultation, and other necessary rules for instruction of
45.32 children with a disability. These rules must provide standards
45.33 and procedures appropriate for the implementation of and within
45.34 the limitations of sections 125A.08 and 125A.09 125A.091. These
45.35 rules must also provide standards for the discipline, control,
45.36 management, and protection of children with a disability. The
46.1 commissioner must not adopt rules for pupils served primarily in
46.2 the regular classroom establishing either case loads or the
46.3 maximum number of pupils that may be assigned to special
46.4 education teachers. The commissioner, in consultation with the
46.5 Departments of Health and Human Services, must adopt permanent
46.6 rules for instruction and services for children under age five
46.7 and their families. These rules are binding on state and local
46.8 education, health, and human services agencies. The
46.9 commissioner must adopt rules to determine eligibility for
46.10 special education services. The rules must include procedures
46.11 and standards by which to grant variances for experimental
46.12 eligibility criteria. The commissioner must, according to
46.13 section 14.05, subdivision 4, notify a district applying for a
46.14 variance from the rules within 45 calendar days of receiving the
46.15 request whether the request for the variance has been granted or
46.16 denied. If a request is denied, the commissioner must specify
46.17 the program standards used to evaluate the request and the
46.18 reasons for denying the request.
46.19 (b) As provided in this paragraph, the state's regulatory
46.20 scheme should support schools by assuring that all state special
46.21 education rules adopted by the commissioner result in one or
46.22 more of the following outcomes:
46.23 (1) increased time available to teachers and, where
46.24 appropriate, to support staff including school nurses for
46.25 educating students through direct and indirect instruction;
46.26 (2) consistent and uniform access to effective education
46.27 programs for students with disabilities throughout the state;
46.28 (3) reduced inequalities and conflict, appropriate due
46.29 process hearing procedures and reduced court actions related to
46.30 the delivery of special education instruction and services for
46.31 students with disabilities;
46.32 (4) clear expectations for service providers and for
46.33 students with disabilities;
46.34 (5) increased accountability for all individuals and
46.35 agencies that provide instruction and other services to students
46.36 with disabilities;
47.1 (6) greater focus for the state and local resources
47.2 dedicated to educating students with disabilities; and
47.3 (7) clearer standards for evaluating the effectiveness of
47.4 education and support services for students with disabilities.
47.5 Sec. 11. Minnesota Statutes 2003 Supplement, section
47.6 125A.091, subdivision 5, is amended to read:
47.7 Subd. 5. [INITIAL ACTION; PARENT CONSENT.] (a) The
47.8 district must not proceed with the initial evaluation of a
47.9 child, the initial placement of a child in a special education
47.10 program, or the initial provision of special education services
47.11 for a child without the prior written consent of the child's
47.12 parent. A district may not override the written refusal of a
47.13 parent to consent to an initial evaluation or reevaluation.
47.14 (b) A parent, after consulting with health care, education,
47.15 or other professional providers, may agree or disagree to
47.16 provide the parent's child with sympathomimetic medications
47.17 unless section 144.344 applies.
47.18 Sec. 12. Minnesota Statutes 2002, section 125A.46, is
47.19 amended to read:
47.20 125A.46 [DUE PROCESS HEARINGS.]
47.21 The procedures for due process hearings and appeals must be
47.22 the same as those in section 125A.09 125A.091. The
47.23 responsibility for payment of costs and conducting due process
47.24 hearings and appeals shall be allocated to the appropriate
47.25 agency in accordance with sections 125A.30, 125A.39, and 125A.42.
47.26 Sec. 13. Minnesota Statutes 2003 Supplement, section
47.27 125A.75, subdivision 8, is amended to read:
47.28 Subd. 8. [LITIGATION AND HEARING COSTS.] (a) For fiscal
47.29 year 1999 and thereafter, the commissioner of education, or the
47.30 commissioner's designee, shall use state funds to pay school
47.31 districts for the administrative costs of a due process hearing
47.32 incurred under section 125A.09 125A.091, subdivisions 6, 10 12,
47.33 13, and 11 24, including hearing officer fees, court reporter
47.34 fees, mileage costs, transcript costs, interpreter and
47.35 transliterator fees, independent evaluations ordered by the
47.36 hearing officer, and rental of hearing rooms, but not including
48.1 district attorney fees. To receive state aid under this
48.2 paragraph, a school district shall submit to the commissioner by
48.3 August 1 an itemized list of unreimbursed actual costs for fees
48.4 and other expenses under this paragraph incurred after June 30,
48.5 1998, for hearings completed during the previous fiscal year.
48.6 State funds used for aid to school districts under this
48.7 paragraph shall be based on the unreimbursed actual costs and
48.8 fees submitted by a district.
48.9 (b) The commissioner shall provide districts with a form on
48.10 which to annually report litigation costs under this section and
48.11 shall base aid estimates on preliminary reports submitted by the
48.12 district during the current fiscal year.
48.13 Sec. 14. Minnesota Statutes 2003 Supplement, section
48.14 126C.457, is amended to read:
48.15 126C.457 [CAREER AND TECHNICAL LEVY.]
48.16 A school district may levy an amount equal to the greater
48.17 of (1) $10,000, or (2) the district's fiscal year 2001
48.18 entitlement for career and technical aid under Minnesota
48.19 Statutes 2000, section 124D.453. The district must recognize
48.20 the full amount of this levy as revenue for the fiscal year in
48.21 which it is certified. Revenue received under this section must
48.22 be reserved and used only for career and technical programs.
48.23 Sec. 15. Minnesota Statutes 2003 Supplement, section
48.24 127A.41, subdivision 9, is amended to read:
48.25 Subd. 9. [APPROPRIATION TRANSFERS FOR COMMUNITY EDUCATION
48.26 PROGRAMS.] If a direct appropriation from the general fund to
48.27 the Department of Education for an education aid or grant
48.28 authorized under section 124D.135, 124D.16, 124D.20, 124D.21,
48.29 124D.22, 124D.52, 124D.531, 124D.54, 124D.55, or 124D.56 exceeds
48.30 the amount required, the commissioner of education may transfer
48.31 the excess to any education aid or grant appropriation that is
48.32 insufficiently funded under these sections. Excess
48.33 appropriations shall be allocated proportionately among aids or
48.34 grants that have insufficient appropriations. The commissioner
48.35 of finance shall make the necessary transfers among
48.36 appropriations according to the determinations of the
49.1 commissioner of education. If the amount of the direct
49.2 appropriation for the aid or grant plus the amount transferred
49.3 according to this subdivision is insufficient, the commissioner
49.4 shall prorate the available amount among eligible districts.
49.5 The state is not obligated for any additional amounts.
49.6 [EFFECTIVE DATE.] This section is effective July 1, 2004.
49.7 Sec. 16. Minnesota Statutes 2002, section 260A.01, is
49.8 amended to read:
49.9 260A.01 [TRUANCY PROGRAMS AND SERVICES.]
49.10 (a) The programs in this chapter are designed to provide a
49.11 continuum of intervention and services to support families and
49.12 children in keeping children in school and combating truancy and
49.13 educational neglect. School districts, county attorneys, and
49.14 law enforcement may establish the programs and coordinate them
49.15 with other community-based truancy services in order to provide
49.16 the necessary and most effective intervention for children and
49.17 their families. This continuum of intervention and services
49.18 involves progressively intrusive intervention, beginning with
49.19 strong service-oriented efforts at the school and community
49.20 level and involving the court's authority only when necessary.
49.21 (b) Consistent with section 125A.09 125A.091, subdivision 3
49.22 5, a parent's refusal to provide the parent's child with
49.23 sympathomimetic medications does not constitute educational
49.24 neglect.
49.25 Sec. 17. Minnesota Statutes 2002, section 260C.163,
49.26 subdivision 11, is amended to read:
49.27 Subd. 11. [PRESUMPTIONS REGARDING TRUANCY OR EDUCATIONAL
49.28 NEGLECT.] (a) A child's absence from school is presumed to be
49.29 due to the parent's, guardian's, or custodian's failure to
49.30 comply with compulsory instruction laws if the child is under 12
49.31 years old and the school has made appropriate efforts to resolve
49.32 the child's attendance problems; this presumption may be
49.33 rebutted based on a showing by clear and convincing evidence
49.34 that the child is habitually truant. A child's absence from
49.35 school without lawful excuse, when the child is 12 years old or
49.36 older, is presumed to be due to the child's intent to be absent
50.1 from school; this presumption may be rebutted based on a showing
50.2 by clear and convincing evidence that the child's absence is due
50.3 to the failure of the child's parent, guardian, or custodian to
50.4 comply with compulsory instruction laws, sections 120A.22 and
50.5 120A.24.
50.6 (b) Consistent with section 125A.09 125A.091, subdivision 3
50.7 5, a parent's refusal to provide the parent's child with
50.8 sympathomimetic medications does not constitute educational
50.9 neglect.
50.10 Sec. 18. Minnesota Statutes 2003 Supplement, section
50.11 626.556, subdivision 2, is amended to read:
50.12 Subd. 2. [DEFINITIONS.] As used in this section, the
50.13 following terms have the meanings given them unless the specific
50.14 content indicates otherwise:
50.15 (a) "Sexual abuse" means the subjection of a child by a
50.16 person responsible for the child's care, by a person who has a
50.17 significant relationship to the child, as defined in section
50.18 609.341, or by a person in a position of authority, as defined
50.19 in section 609.341, subdivision 10, to any act which constitutes
50.20 a violation of section 609.342 (criminal sexual conduct in the
50.21 first degree), 609.343 (criminal sexual conduct in the second
50.22 degree), 609.344 (criminal sexual conduct in the third degree),
50.23 609.345 (criminal sexual conduct in the fourth degree), or
50.24 609.3451 (criminal sexual conduct in the fifth degree). Sexual
50.25 abuse also includes any act which involves a minor which
50.26 constitutes a violation of prostitution offenses under sections
50.27 609.321 to 609.324 or 617.246. Sexual abuse includes threatened
50.28 sexual abuse.
50.29 (b) "Person responsible for the child's care" means (1) an
50.30 individual functioning within the family unit and having
50.31 responsibilities for the care of the child such as a parent,
50.32 guardian, or other person having similar care responsibilities,
50.33 or (2) an individual functioning outside the family unit and
50.34 having responsibilities for the care of the child such as a
50.35 teacher, school administrator, other school employees or agents,
50.36 or other lawful custodian of a child having either full-time or
51.1 short-term care responsibilities including, but not limited to,
51.2 day care, babysitting whether paid or unpaid, counseling,
51.3 teaching, and coaching.
51.4 (c) "Neglect" means:
51.5 (1) failure by a person responsible for a child's care to
51.6 supply a child with necessary food, clothing, shelter, health,
51.7 medical, or other care required for the child's physical or
51.8 mental health when reasonably able to do so;
51.9 (2) failure to protect a child from conditions or actions
51.10 that seriously endanger the child's physical or mental health
51.11 when reasonably able to do so;
51.12 (3) failure to provide for necessary supervision or child
51.13 care arrangements appropriate for a child after considering
51.14 factors as the child's age, mental ability, physical condition,
51.15 length of absence, or environment, when the child is unable to
51.16 care for the child's own basic needs or safety, or the basic
51.17 needs or safety of another child in their care;
51.18 (4) failure to ensure that the child is educated as defined
51.19 in sections 120A.22 and 260C.163, subdivision 11, which does not
51.20 include a parent's refusal to provide the parent's child with
51.21 sympathomimetic medications, consistent with section
51.22 125A.09 125A.091, subdivision 3 5;
51.23 (5) nothing in this section shall be construed to mean that
51.24 a child is neglected solely because the child's parent,
51.25 guardian, or other person responsible for the child's care in
51.26 good faith selects and depends upon spiritual means or prayer
51.27 for treatment or care of disease or remedial care of the child
51.28 in lieu of medical care; except that a parent, guardian, or
51.29 caretaker, or a person mandated to report pursuant to
51.30 subdivision 3, has a duty to report if a lack of medical care
51.31 may cause serious danger to the child's health. This section
51.32 does not impose upon persons, not otherwise legally responsible
51.33 for providing a child with necessary food, clothing, shelter,
51.34 education, or medical care, a duty to provide that care;
51.35 (6) prenatal exposure to a controlled substance, as defined
51.36 in section 253B.02, subdivision 2, used by the mother for a
52.1 nonmedical purpose, as evidenced by withdrawal symptoms in the
52.2 child at birth, results of a toxicology test performed on the
52.3 mother at delivery or the child at birth, or medical effects or
52.4 developmental delays during the child's first year of life that
52.5 medically indicate prenatal exposure to a controlled substance;
52.6 (7) "medical neglect" as defined in section 260C.007,
52.7 subdivision 6, clause (5);
52.8 (8) chronic and severe use of alcohol or a controlled
52.9 substance by a parent or person responsible for the care of the
52.10 child that adversely affects the child's basic needs and safety;
52.11 or
52.12 (9) emotional harm from a pattern of behavior which
52.13 contributes to impaired emotional functioning of the child which
52.14 may be demonstrated by a substantial and observable effect in
52.15 the child's behavior, emotional response, or cognition that is
52.16 not within the normal range for the child's age and stage of
52.17 development, with due regard to the child's culture.
52.18 (d) "Physical abuse" means any physical injury, mental
52.19 injury, or threatened injury, inflicted by a person responsible
52.20 for the child's care on a child other than by accidental means,
52.21 or any physical or mental injury that cannot reasonably be
52.22 explained by the child's history of injuries, or any aversive or
52.23 deprivation procedures, or regulated interventions, that have
52.24 not been authorized under section 121A.67 or 245.825. Abuse
52.25 does not include reasonable and moderate physical discipline of
52.26 a child administered by a parent or legal guardian which does
52.27 not result in an injury. Abuse does not include the use of
52.28 reasonable force by a teacher, principal, or school employee as
52.29 allowed by section 121A.582. Actions which are not reasonable
52.30 and moderate include, but are not limited to, any of the
52.31 following that are done in anger or without regard to the safety
52.32 of the child:
52.33 (1) throwing, kicking, burning, biting, or cutting a child;
52.34 (2) striking a child with a closed fist;
52.35 (3) shaking a child under age three;
52.36 (4) striking or other actions which result in any
53.1 nonaccidental injury to a child under 18 months of age;
53.2 (5) unreasonable interference with a child's breathing;
53.3 (6) threatening a child with a weapon, as defined in
53.4 section 609.02, subdivision 6;
53.5 (7) striking a child under age one on the face or head;
53.6 (8) purposely giving a child poison, alcohol, or dangerous,
53.7 harmful, or controlled substances which were not prescribed for
53.8 the child by a practitioner, in order to control or punish the
53.9 child; or other substances that substantially affect the child's
53.10 behavior, motor coordination, or judgment or that results in
53.11 sickness or internal injury, or subjects the child to medical
53.12 procedures that would be unnecessary if the child were not
53.13 exposed to the substances;
53.14 (9) unreasonable physical confinement or restraint not
53.15 permitted under section 609.379, including but not limited to
53.16 tying, caging, or chaining; or
53.17 (10) in a school facility or school zone, an act by a
53.18 person responsible for the child's care that is a violation
53.19 under section 121A.58.
53.20 (e) "Report" means any report received by the local welfare
53.21 agency, police department, county sheriff, or agency responsible
53.22 for assessing or investigating maltreatment pursuant to this
53.23 section.
53.24 (f) "Facility" means a licensed or unlicensed day care
53.25 facility, residential facility, agency, hospital, sanitarium, or
53.26 other facility or institution required to be licensed under
53.27 sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or
53.28 chapter 245B; or a school as defined in sections 120A.05,
53.29 subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed
53.30 personal care provider organization as defined in sections
53.31 256B.04, subdivision 16, and 256B.0625, subdivision 19a.
53.32 (g) "Operator" means an operator or agency as defined in
53.33 section 245A.02.
53.34 (h) "Commissioner" means the commissioner of human services.
53.35 (i) "Assessment" includes authority to interview the child,
53.36 the person or persons responsible for the child's care, the
54.1 alleged perpetrator, and any other person with knowledge of the
54.2 abuse or neglect for the purpose of gathering the facts,
54.3 assessing the risk to the child, and formulating a plan.
54.4 (j) "Practice of social services," for the purposes of
54.5 subdivision 3, includes but is not limited to employee
54.6 assistance counseling and the provision of guardian ad litem and
54.7 parenting time expeditor services.
54.8 (k) "Mental injury" means an injury to the psychological
54.9 capacity or emotional stability of a child as evidenced by an
54.10 observable or substantial impairment in the child's ability to
54.11 function within a normal range of performance and behavior with
54.12 due regard to the child's culture.
54.13 (l) "Threatened injury" means a statement, overt act,
54.14 condition, or status that represents a substantial risk of
54.15 physical or sexual abuse or mental injury. Threatened injury
54.16 includes, but is not limited to, exposing a child to a person
54.17 responsible for the child's care, as defined in paragraph (b),
54.18 clause (1), who has:
54.19 (1) subjected a child to, or failed to protect a child
54.20 from, an overt act or condition that constitutes egregious harm,
54.21 as defined in section 260C.007, subdivision 14, or a similar law
54.22 of another jurisdiction;
54.23 (2) been found to be palpably unfit under section 260C.301,
54.24 paragraph (b), clause (4), or a similar law of another
54.25 jurisdiction;
54.26 (3) committed an act that has resulted in an involuntary
54.27 termination of parental rights under section 260C.301, or a
54.28 similar law of another jurisdiction; or
54.29 (4) committed an act that has resulted in the involuntary
54.30 transfer of permanent legal and physical custody of a child to a
54.31 relative under section 260C.201, subdivision 11, paragraph (d),
54.32 clause (1), or a similar law of another jurisdiction.
54.33 (m) Persons who conduct assessments or investigations under
54.34 this section shall take into account accepted child-rearing
54.35 practices of the culture in which a child participates and
54.36 accepted teacher discipline practices, which are not injurious
55.1 to the child's health, welfare, and safety.
55.2 Sec. 19. Minnesota Statutes 2002, section 631.40,
55.3 subdivision 4, is amended to read:
55.4 Subd. 4. [LICENSED TEACHERS.] When a person is convicted
55.5 of child abuse, as defined in section 609.185, or sexual abuse
55.6 under section 609.342, 609.343, 609.344, 609.345, 609.3451,
55.7 subdivision 3, or 617.23, subdivision 3, the court shall
55.8 determine whether the person is licensed to teach under chapter
55.9 122A. If the offender is a licensed teacher, the court
55.10 administrator shall send a certified copy of the conviction to
55.11 the Board of Teaching or the state Board of Education School
55.12 Administrators, whichever has jurisdiction over the teacher's
55.13 license, within ten days after the conviction.
55.14 Sec. 20. Laws 2003, chapter 130, section 12, is amended to
55.15 read:
55.16 Sec. 12. [REVISOR INSTRUCTION.]
55.17 (a) In Minnesota Statutes, the revisor shall renumber
55.18 section 119A.02 119A.01, subdivision 2, as 120A.02, paragraph
55.19 (a), and section 120A.02 as 120A.02, paragraph (b).
55.20 (b) In Minnesota Statutes and Minnesota Rules, the revisor
55.21 shall change the term "children, families, and learning" to
55.22 "education."
55.23 Sec. 21. [REVISOR INSTRUCTION.]
55.24 In the next edition of Minnesota Rules, chapter 3530, the
55.25 revisor shall change the term "Office of Public Libraries and
55.26 Interlibrary Cooperation" to "Library Development and Services"
55.27 and "OPLIC" to "LDS."
55.28 Sec. 22. [REPEALER; REVIVAL OF STATUTE.]
55.29 (a) Minnesota Statutes 2002, sections 124D.91 and 124D.92,
55.30 are repealed.
55.31 (b) Minnesota Statutes 2002, section 134.47, subdivision 3,
55.32 is repealed effective retroactive to June 30, 2003.
55.33 Notwithstanding Minnesota Statutes, section 645.36, Minnesota
55.34 Statutes 2002, section 134.47, subdivisions 1 and 2, are revived
55.35 effective retroactively from June 30, 2003.
55.36 ARTICLE 6
56.1 K-12 SCIENCE AND SOCIAL STUDIES STANDARDS
56.2 Section 1. Minnesota Statutes 2003 Supplement, section
56.3 120B.021, subdivision 3, is amended to read:
56.4 Subd. 3. [RULEMAKING.] (a) The commissioner, consistent
56.5 with the requirements of this section and section 120B.022, must
56.6 adopt statewide rules under section 14.389 for implementing
56.7 statewide rigorous core academic standards in language arts,
56.8 mathematics, science, social studies, and the arts. After the
56.9 rules authorized under this paragraph are initially adopted, the
56.10 commissioner may not amend or repeal these rules nor adopt new
56.11 rules on the same topic without specific legislative
56.12 authorization. These The academic standards for language arts,
56.13 mathematics, and the arts must be implemented for all students
56.14 beginning in the 2003-2004 school year. The academic standards
56.15 for science and social studies must be implemented for all
56.16 students beginning in the 2005-2006 school year.
56.17 (b) The rules authorized under this section are not subject
56.18 to section 14.127.
56.19 [EFFECTIVE DATE.] This section is effective the day
56.20 following final enactment.
56.21 Sec. 2. Minnesota Statutes 2003 Supplement, section
56.22 120B.30, subdivision 1a, is amended to read:
56.23 Subd. 1a. [STATEWIDE AND LOCAL ASSESSMENTS; RESULTS.] (a)
56.24 The commissioner must develop language arts, mathematics, and
56.25 science assessments aligned with state academic standards that
56.26 districts and sites must use to monitor student growth toward
56.27 achieving those standards. The commissioner must not develop
56.28 statewide assessments for academic standards in social studies
56.29 and the arts. The commissioner must require:
56.30 (1) annual language arts and mathematics assessments in
56.31 grades 3 through 8 and at the high school level for the
56.32 2005-2006 school year and later; and
56.33 (2) annual science assessments in one grade in the grades 3
56.34 through 5 span, the grades 6 through 9 span, and a life sciences
56.35 assessment in the grades 10 through 12 span for the 2007-2008
56.36 school year and later.
57.1 (b) The commissioner must ensure that all statewide tests
57.2 administered to elementary and secondary students measure
57.3 students' academic knowledge and skills and not students'
57.4 values, attitudes, and beliefs.
57.5 (c) Reporting of assessment results must:
57.6 (1) provide timely, useful, and understandable information
57.7 on the performance of individual students, schools, school
57.8 districts, and the state;
57.9 (2) include, by the 2006-2007 school year, a value-added
57.10 component to measure student achievement growth over time; and
57.11 (3) determine whether students have met the state's basic
57.12 skills requirements.
57.13 (d) Consistent with applicable federal law and subdivision
57.14 1, paragraph (d), clause (1), the commissioner must include
57.15 alternative assessments for the very few students with
57.16 disabilities for whom statewide assessments are inappropriate
57.17 and for students with limited English proficiency.
57.18 (e) A school, school district, and charter school must
57.19 administer statewide assessments under this section, as the
57.20 assessments become available, to evaluate student progress in
57.21 achieving the academic standards. If a state assessment is not
57.22 available, a school, school district, and charter school must
57.23 determine locally if a student has met the required academic
57.24 standards. A school, school district, or charter school may use
57.25 a student's performance on a statewide assessment as one of
57.26 multiple criteria to determine grade promotion or retention. A
57.27 school, school district, or charter school may use a high school
57.28 student's performance on a statewide assessment as a percentage
57.29 of the student's final grade in a course, or place a student's
57.30 assessment score on the student's transcript.
57.31 Sec. 3. [MINNESOTA'S HIGH ACADEMIC STANDARDS.]
57.32 (a) The standards for science and social studies adopted by
57.33 the commissioner of education under Minnesota Statutes, section
57.34 120B.021, must be identical to:
57.35 (1) the K-12 standards for science contained in the
57.36 document labeled "Minnesota Academic Standards, Science K-12,
58.1 December 19, 2003, Minnesota Academic Standards Committee,
58.2 Minnesota Department of Education"; and
58.3 (2) the K-12 standards for social studies contained in the
58.4 document labeled "Minnesota Academic Standards in History and
58.5 Social Studies May 15, 2004, 9:45 p.m."
58.6 (b) The K-12 standards documents must be deposited with the
58.7 Minnesota Revisor of Statutes, the Legislative Reference
58.8 Library, and the Minnesota State Law Library, where the
58.9 documents shall be maintained until the commissioner adopts
58.10 rules for implementing statewide rigorous core academic
58.11 standards in science and social studies under Minnesota
58.12 Statutes, section 120B.021, subdivision 3. The revisor must
58.13 determine that the rules are identical to the documents
58.14 deposited with the revisor under this section before the revisor
58.15 approves the form of the rules. In approving the form of the
58.16 rules, the revisor may make any needed grammatical and form
58.17 changes.
58.18 [EFFECTIVE DATE.] This section is effective the day
58.19 following final enactment.
58.20 Sec. 4. [K-12 SOCIAL STUDIES STANDARDS RULES.]
58.21 (a) Beginning no later than July 1, 2004, the education
58.22 commissioner shall adopt the K-12 academic social studies
58.23 standards incorporated by reference under this act using the
58.24 expedited process under Minnesota Statutes, section 14.389.
58.25 (b) In addition to technical changes, corrections,
58.26 clarifications, and similarly needed revisions, the revisor
58.27 shall modify the K-12 academic social studies standards to allow
58.28 school districts to place the standards in the following grade
58.29 bands: K-3, 4-8, 9-12 to accommodate their particular
58.30 curriculum. The standards should be mastered by the end of the
58.31 highest grade in the band.
58.32 [EFFECTIVE DATE.] This section is effective the day
58.33 following final enactment.