4th Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to education; providing for kindergarten 1.3 through grade 12 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, basic4.1 skills revenue, and referendum revenue for that year that it4.2 estimates will be generated by the pupils in attendance at each4.3 site, and shallinform the principal or other responsible 4.4 administrative authority of each site of that estimate and4.5 report this information tothe 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 prescribed7.7 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; and7.12 (3) the sum of the remaining school levies, orthe maximum 7.13 levy limitation certified by the commissioner of education 7.14 according to section 126C.48, subdivision 1 , less the amounts7.15 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 910 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; and8.18 (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, including10.4 encompassing at least one credit ofUnited States history, one10.5 credit ofgeography, 0.5 credits ofgovernment and citizenship, 10.6 0.5 credits ofworld history, and 0.5 credits ofeconomics 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; and10.11 (5) one credit in the arts; and 10.12 (6) a minimum of eightseven elective course credits ,10.13 including at least one credit in the arts. 10.14 A course credit is equivalent to a student's successful10.15 completion ofstudent successfully completing an academic year 10.16 of study or a student's mastery ofstudent 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 bepurchased without a prescription; 11.28 (2) that areused by a pupil who is 18 years old or older; 11.29 (3) that areused 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 areused 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 areused off the school grounds; 12.1 (6) that areused in connection with athletics or extra 12.2 curricular activities; 12.3 (7) that areused in connection with activities that occur 12.4 before or after the regular school day; 12.5 (8) that areprovided or administered by a public health 12.6 agency in orderto prevent or control an illness or a disease 12.7 outbreak as provided for in sections 144.05 and 144.12; or12.8 (9) that areprescription 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 tobefore 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 6must 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 that23.20 meets the requirements of Minnesota Rules, part 4717.3750, is23.21 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 bodybus 24.23 constructed upon a van-type orutilizing a cutaway front section 24.24 vehicle with a left-side driver's door , designed for carrying24.25 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) overless than or 24.28 equal to 10,000 pounds; and type A-II, with a GVWR ofgreater 24.29 than 10,000 pounds or less. 24.30 (2) A "type B school bus" is a conversion or body24.31 constructed and installed upon a van or front-section vehicle24.32 chassis, orutilizing a stripped chassis , with a gross vehicle24.33 weight rating of more than 10,000 pounds, designed for carrying24.34 more than ten persons. Part of the engine is beneath or behind24.35 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 flat25.5 back cowlconstructed utilizing a chassis with a gross vehicle25.6 weight rating of more than 10,000 pounds, designed for carrying25.7 more than ten persons. All of the engine is in front of the25.8 windshield andhood and front fender assembly. The entrance 25.9 door is behind the front wheels. A type C school bus has a25.10 maximum length of 45 feet.25.11 (4) A "type D school bus" is a body installed upon a25.12 constructed utilizing a stripped chassis , with the engine25.13 mounted in the front, midship or rear, with a gross vehicle25.14 weight rating of more than 10,000 pounds, designed for carrying25.15 more than ten persons. The engine may be behind the windshield25.16 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 rear25.18 axles. The entrance door is ahead of the front wheels. A type25.19 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-IIA-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 aat 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 a27.4 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 type27.7 certified to the commissioner of public safety by the27.8 manufacturer as being weatherproof and having a minimum27.9 effective light output of 200 candelas as measured by the27.10 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 feetforward of the rear roof edge. It27.13 must operate from a separate switch containing an indicator lamp27.14 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 revised2000 edition of the "National 28.25 Standards for School Buses andSchool Bus28.26 OperationsTransportation Specifications and Procedures" adopted 28.27 by the TwelfthNational 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 19952000 National Standards for School Buses28.33 andSchool Bus OperationsTransportation 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 revised2000 edition of the "National Standards for29.1 School Buses andSchool Bus OperationsTransportation 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 standards29.12 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, 1997October 31, 2004. Buses complying with these29.17 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 1997October 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. The30.9 reflective material on the sides of the bus body shall be at30.10 least one inch but not more than two inches in width. This30.11 reflective material requirement and the requirement that "SCHOOL30.12 BUS" signs have reflective material as background are effective30.13 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 be30.17 insulated to a minimum of 1-1/2 inch fiberglass and installed so30.18 the insulation does not compact or sag. Floor insulation must30.19 be nominal 19/32 inches thick plywood, or a material of equal or30.20 greater strength and insulation R value that equals or exceeds30.21 properties of exterior-type softwood plywood, C-D grade as30.22 specified in standard issued by the United States Department of30.23 Commerce. Type A-II buses must have a minimum of one-half inch30.24 plywood. All exposed edges on plywood shall be sealed. Every30.25 school bus shall be constructed so that the noise level taken at30.26 the ear of the occupant nearest to the primary vehicle noise30.27 source shall not exceed 85 dba when tested according to30.28 procedures in the 1995 National Standards for School Buses and30.29 School Bus OperationsThermal 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 with30.33 polyurethane floor insulation, foamed in place. The floor30.34 insulation must be combustion resistant. The authorization in30.35 this paragraph does not replace the plywood requirementFloor 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 shall31.13 be equipped with a system consisting of four red signal lamps31.14 designed to conform to SAE Standard J887, and four amber signal31.15 lamps designed to that standard, except for color, and except31.16 that their candlepower must be at least 2-1/2 times that31.17 specified for red turn-signal lamps. Both red and amber signal31.18 lamps must be installed in accordance with SAE Standard J887,31.19 except that each amber signal lamp must be located near each red31.20 signal lamp, at the same level, but closer to the centerline of31.21 the bus. The system must be wired so that the amber signal31.22 lamps are activated only by hand operation, and if activated,31.23 are automatically deactivated and the red signal lamps are31.24 automatically activated when the bus entrance door is opened.31.25 Signal lamps must flash alternately. Each signal lamp must31.26 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 come31.28 up to full brightness. There must be a pilot lamp which goes on31.29 when the respective amber or red system is activated. The pilot31.30 lamp must either go out or flash at an alternate rate in the31.31 event the system is not functioning normally. The signal lamp31.32 system must include a closed control box. The box must be as31.33 small as practical, and must be easily dismounted or partially31.34 disassembled to provide access for maintenance purposes. The31.35 control panel box shall be arranged such that the momentary31.36 activating switch for the eight-lamp warning system shall be32.1 located on the left, the red (or red and amber) pilot light32.2 shall be located in the middle, and the eight-way master switch32.3 shall be located on the right. The control box must be securely32.4 mounted to the right of the steering wheel, within easy32.5 unobstructed reach of the driver. Switches and pilot lamp must32.6 be readily visible to the driver. The activating switch may be32.7 self-illuminated. Other warning devices or lamp controls must32.8 not be placed near the lamp control. The stop arm shall extend32.9 automatically whenever the service entrance door is opened and32.10 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 20032.13 candelas. No roof hatch can be mounted behind the strobe light. 32.14 (c) Type B, C, and D buses shall have an amber clearance32.15 lamp with a minimum of four candlepower mounted on the right32.16 side of the body at approximately seat-level rub rail height32.17 just to the rear of the service door and another one at32.18 approximately opposite the driver's seat on the left side.32.19 These lamps are to be connected to operate only with the regular32.20 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. All32.33 seats must face forward. All seat and crash barriers must be32.34 installed according to and conform to federal motor vehicle32.35 safety standard number 222, Code of Federal Regulations, title32.36 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 personemployee 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 tobirth 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, sections35.4 701 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 under35.8 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, chapter35.13 7, subchapter XIX, section 1396, et seq.; 35.14 (iv)(v) thedevelopmental disabilities Assistance and Bill35.15 of Rights Act, United States Code, title 42, chapter 75,35.16 subchapter II, sections 6021 to 6030, Part Bservices 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 9852under title 35.20 42, chapter 105, of the Social Security Act; 35.21 (vi)(vii) vocational rehabilitation services provided 35.22 under chapterchapters 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 under35.28 section 245.493;35.29 (ix) the family service collaboratives under section35.30 124D.23;35.31 (x) the family community support plan under section35.32 245.4881, 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 chapter36.1 145sections 145.88 to 145.9266; 36.2 (xiii) the Community Social Services Act funding under the36.3 Social Security Act, United States Code, title 42, sections 139736.4 to 1397f; and36.5 (xiv) the community transition interagency committees under36.6 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 subject39.36 to section 126.96.36.199 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 NumberNo. ..... . 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.73299F.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 Board43.16 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 community44.3 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 sectionssection 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 section45.8 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.09125A.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.09125A.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.09125A.091, subdivisions 6, 1012, 47.33 13, and 1124, 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.09125A.091, subdivision 349.22 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.09125A.091, subdivision 350.7 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.09125A.091, subdivision 35; 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 stateBoard of EducationSchool 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.02119A.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. TheseThe 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.