HF 1796

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; enhancing efficiency, promoting 
  1.3             flexibility, and eliminating reporting requirements of 
  1.4             schools; amending Minnesota Statutes 1994, sections 
  1.5             120.101, subdivisions 5c and 8; 120.102, subdivision 
  1.6             1; 120.103, subdivisions 1, 2, 3, 4, and 5; 120.74, 
  1.7             subdivision 1; 120.75, subdivision 1; 121.912, 
  1.8             subdivision 1; 123.70, subdivision 8; 124.243, 
  1.9             subdivision 8; 124.91, subdivision 3; 124A.03, 
  1.10            subdivision 2; 124A.26, subdivision 1a; 126.031, 
  1.11            subdivision 1; 126.237; and 169.452; repealing 
  1.12            Minnesota Statutes 1994, sections 120.102, subdivision 
  1.13            4; 121.207; 123.799; 124A.22, subdivision 2a; and 
  1.14            126.22, subdivision 5; and Laws 1994, chapter 647, 
  1.15            article 3, section 25. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  Minnesota Statutes 1994, section 120.101, 
  1.18  subdivision 5c, is amended to read: 
  1.19     Subd. 5c.  [EDUCATION RECORDS.] A school district from 
  1.20  which a student is transferring must transmit the student's 
  1.21  educational records upon request, within ten business days of 
  1.22  the date the student withdraws, to the school district in which 
  1.23  the student is enrolling.  School districts must make reasonable 
  1.24  efforts to determine the school district in which a transferring 
  1.25  student is next enrolling in order to comply with this 
  1.26  subdivision. 
  1.27     Sec. 2.  Minnesota Statutes 1994, section 120.101, 
  1.28  subdivision 8, is amended to read: 
  1.29     Subd. 8.  [ASSESSMENT OF PERFORMANCE.] (a) Each year the 
  1.30  performance of every child who is not enrolled in a public 
  2.1   school must be assessed using a nationally norm-referenced 
  2.2   standardized achievement examination.  The superintendent of the 
  2.3   district in which the child receives instruction and the person 
  2.4   in charge of the child's instruction must agree about the 
  2.5   specific examination to be used and the administration and 
  2.6   location of the examination.  
  2.7      (b) To the extent the examination in paragraph (a) does not 
  2.8   provide assessment in all of the subject areas in subdivision 6, 
  2.9   the parent must assess the child's performance in the applicable 
  2.10  subject area.  This requirement applies only to a parent who 
  2.11  provides instruction and does not meet the requirements of 
  2.12  subdivision 7, clause (1), (2), or (3).  
  2.13     (c) If the results of the assessments in paragraphs (a) and 
  2.14  (b) indicate that the child's performance on the total battery 
  2.15  score is at or below the 30th percentile or one grade level 
  2.16  below the performance level for children of the same age, the 
  2.17  parent shall obtain additional evaluation from the department of 
  2.18  education of the child's abilities and performance for the 
  2.19  purpose of determining whether the child has learning problems.  
  2.20     (d) A child receiving instruction from a nonpublic school, 
  2.21  person, or institution that is accredited by an accrediting 
  2.22  agency, recognized according to section 123.935, subdivision 7, 
  2.23  or recognized by the state board of education, is exempt from 
  2.24  the requirements of this subdivision.  
  2.25     Sec. 3.  Minnesota Statutes 1994, section 120.102, 
  2.26  subdivision 1, is amended to read: 
  2.27     Subdivision 1.  [REPORTS TO SUPERINTENDENT DEPARTMENT OF 
  2.28  EDUCATION.] The person in charge of providing instruction to a 
  2.29  child shall submit the following information to 
  2.30  the superintendent of the district in which the child 
  2.31  resides department of education: 
  2.32     (1) by October 1 of each school year, the name, age, and 
  2.33  address of each child receiving instruction; 
  2.34     (2) the name of each instructor and evidence of compliance 
  2.35  with one of the requirements specified in section 120.101, 
  2.36  subdivision 7; 
  3.1      (3) an annual instructional calendar showing that 
  3.2   instruction will occur on at least the number of days required 
  3.3   under section 120.101, subdivision 5b; and 
  3.4      (4) for each child instructed by a parent who meets only 
  3.5   the requirement of section 120.101, subdivision 7, clause (6), a 
  3.6   quarterly report card on the achievement of the child in each 
  3.7   subject area required in section 120.101, subdivision 6. 
  3.8      Sec. 4.  Minnesota Statutes 1994, section 120.103, 
  3.9   subdivision 1, is amended to read: 
  3.10     Subdivision 1.  [ON-SITE VISITS.] A superintendent or the 
  3.11  superintendent's The commissioner or the commissioner's designee 
  3.12  may make an annual on-site visit, at a mutually agreed upon 
  3.13  time, to an unaccredited nonpublic school, home, or other 
  3.14  institution where children are receiving instruction.  Upon 
  3.15  mutual agreement between the parties, the superintendent or the 
  3.16  superintendent's designee may also visit an accredited nonpublic 
  3.17  school, person, or other institution providing instruction.  The 
  3.18  purpose of these visits shall be limited to monitoring 
  3.19  compliance with the requirements of section 120.101.  If the 
  3.20  superintendent determines that there is evidence of 
  3.21  noncompliance with the requirements of sections 120.101 and 
  3.22  120.102, the superintendent may make additional visits during 
  3.23  the school year. 
  3.24     Sec. 5.  Minnesota Statutes 1994, section 120.103, 
  3.25  subdivision 2, is amended to read: 
  3.26     Subd. 2.  [ALTERNATIVE TO VISITS.] In lieu of the visit 
  3.27  authorized in subdivision 1, a parent who is providing 
  3.28  instruction may present the documentation required in section 
  3.29  120.102, subdivision 2, to the superintendent commissioner. 
  3.30     Sec. 6.  Minnesota Statutes 1994, section 120.103, 
  3.31  subdivision 3, is amended to read: 
  3.32     Subd. 3.  [NOTICE TO PARENTS.] The superintendent 
  3.33  commissioner shall notify the parent, in writing, if a child is 
  3.34  alleged to be receiving instruction in violation of sections 
  3.35  120.101 and 120.102.  The written notification shall include a 
  3.36  list of the specific alleged violations. 
  4.1      Sec. 7.  Minnesota Statutes 1994, section 120.103, 
  4.2   subdivision 4, is amended to read: 
  4.3      Subd. 4.  [FACT-FINDING AND MEDIATION.] If the specified 
  4.4   alleged violations of the compulsory attendance requirements are 
  4.5   not corrected within 15 days of receipt of the written 
  4.6   notification, the superintendent commissioner shall request 
  4.7   initiate fact-finding and mediation services from the 
  4.8   commissioner of education. 
  4.9      Sec. 8.  Minnesota Statutes 1994, section 120.103, 
  4.10  subdivision 5, is amended to read: 
  4.11     Subd. 5.  [NOTICE TO COUNTY ATTORNEY.] If the alleged 
  4.12  violations are not corrected through the fact-finding and 
  4.13  mediation process under subdivision 4, the superintendent 
  4.14  commissioner shall notify the county attorney of the alleged 
  4.15  violations.  The superintendent commissioner shall notify the 
  4.16  parents, by certified mail, of the superintendent's 
  4.17  commissioner's intent to notify the county attorney of the 
  4.18  alleged violations. 
  4.19     Sec. 9.  Minnesota Statutes 1994, section 120.74, 
  4.20  subdivision 1, is amended to read: 
  4.21     Subdivision 1.  (a) A school board is not authorized to 
  4.22  charge fees in the following areas: 
  4.23     (a) (1) Textbooks, workbooks, art materials, laboratory 
  4.24  supplies, towels; 
  4.25     (b) (2) Supplies necessary for participation in any 
  4.26  instructional course except as authorized in sections 120.73 and 
  4.27  120.75; 
  4.28     (c) (3) Field trips which are required as a part of a basic 
  4.29  education program or course; 
  4.30     (d) (4) Graduation caps, gowns, any specific form of dress 
  4.31  necessary for any educational program, and diplomas; 
  4.32     (e) (5) Instructional costs for necessary school personnel 
  4.33  employed in any course or educational program required for 
  4.34  graduation; 
  4.35     (f) (6) Library books required to be utilized for any 
  4.36  educational course or program; 
  5.1      (g) (7) Admission fees, dues, or fees for any activity the 
  5.2   pupil is required to attend; 
  5.3      (h) (8) Any admission or examination cost for any required 
  5.4   educational course or program; 
  5.5      (i) (9) Locker rentals; 
  5.6      (j) (10) Transportation of pupils (1) (i) for which state 
  5.7   transportation aid is authorized pursuant to section 124.223 or 
  5.8   (2) (ii) for which a levy is authorized under section 124.226, 
  5.9   subdivision 5. 
  5.10     (b) Notwithstanding paragraph (a), clauses (1) and (6), a 
  5.11  school board may charge fees for textbooks, workbooks, and 
  5.12  library books, lost or destroyed by students.  The board must 
  5.13  annually notify parents or guardians and students about its 
  5.14  policy to charge a fee under this paragraph. 
  5.15     Sec. 10.  Minnesota Statutes 1994, section 120.75, 
  5.16  subdivision 1, is amended to read: 
  5.17     Subdivision 1.  Prior to the initiation of any fee not 
  5.18  authorized or prohibited by sections 120.73 and 120.74, the 
  5.19  local school board shall hold a public hearing within the 
  5.20  district upon three weeks published notice in the district's 
  5.21  official newspaper.  The local school board shall notify the 
  5.22  commissioner of any fee it proposes to initiate under this 
  5.23  section.  If within 45 days of this notification, the 
  5.24  commissioner does not disapprove the proposed fee, the local 
  5.25  school board may initiate the proposed fee prior to the adoption 
  5.26  of the policy. 
  5.27     Sec. 11.  Minnesota Statutes 1994, section 121.912, 
  5.28  subdivision 1, is amended to read: 
  5.29     Subdivision 1.  [LIMITATIONS.] (a) Except as provided in 
  5.30  this subdivision, sections 121.9121, 123.36, 124.243, 475.61, 
  5.31  and 475.65, a school district may not permanently transfer money 
  5.32  from (1) an operating fund to a nonoperating fund; (2) a 
  5.33  nonoperating fund to another nonoperating fund; or (3) a 
  5.34  nonoperating fund to an operating fund.  
  5.35     (b) Permanent transfers may be made from any fund to any 
  5.36  other fund to correct for prior fiscal years' errors discovered 
  6.1   after the books have been closed for that year.  
  6.2      (c) Permanent transfers may be made from the general fund 
  6.3   to any other operating funds according to section 123.7045 or if 
  6.4   the resources of the other fund are not adequate to finance 
  6.5   approved expenditures from that other fund.  
  6.6      (d) Permanent transfers may also be made from the general 
  6.7   fund to eliminate deficits in another fund when that other fund 
  6.8   is being discontinued.  
  6.9      (e) When a district discontinues operation of a 
  6.10  district-owned bus fleet or a substantial portion of a fleet, 
  6.11  permanent transfers must be made, on June 30 of the fiscal year 
  6.12  that the operation is discontinued, from the fund balance 
  6.13  account entitled "pupil transportation fund reserved for bus 
  6.14  purchases" to the capital expenditure fund.  The sum of the 
  6.15  levies authorized pursuant to sections 124.243, 124.244, and 
  6.16  124.83 shall be reduced by an amount equal to the amount 
  6.17  transferred. 
  6.18     (f) Any school district may transfer any amount from the 
  6.19  undesignated fund balance account in its transportation fund to 
  6.20  any other operating fund or to the reserved fund balance account 
  6.21  for bus purchases in its transportation fund. 
  6.22     (g) Permanent transfers may be made from the general fund 
  6.23  to the equipment account in the capital expenditure fund if the 
  6.24  resources of the equipment account are not adequate to finance 
  6.25  approved expenditures from that account. 
  6.26     Sec. 12.  Minnesota Statutes 1994, section 123.70, 
  6.27  subdivision 8, is amended to read: 
  6.28     Subd. 8.  The administrator or other person having general 
  6.29  control and supervision of the elementary or secondary school 
  6.30  shall file a report with the commissioner of education on all 
  6.31  persons enrolled in the school, except that the superintendent 
  6.32  of each school district shall file a report with the 
  6.33  commissioner of education for all persons within the district 
  6.34  receiving instruction in a home school in compliance with 
  6.35  sections 120.101 and 120.102.  The parent of persons receiving 
  6.36  instruction in a home school shall submit the statements as 
  7.1   required by subdivisions 1, 2, 3, and 4 to the superintendent of 
  7.2   the school district in which the person resides by October 1 of 
  7.3   each school year.  The school report shall be prepared on forms 
  7.4   developed jointly by the commissioner of health and the 
  7.5   commissioner of education and be distributed to the local school 
  7.6   districts by the commissioner of health and shall state the 
  7.7   number of persons attending the school, the number of persons 
  7.8   who have not been immunized according to subdivision 1 or 2, and 
  7.9   the number of persons who received an exemption under 
  7.10  subdivision 3, clause (c) or (d).  The school report shall be 
  7.11  filed with the commissioner of education within 60 days of the 
  7.12  commencement of each new school term.  Upon request, a district 
  7.13  shall be given a 60-day extension for filing the school report.  
  7.14  The commissioner of education shall forward the report, or a 
  7.15  copy thereof, to the commissioner of health who shall provide 
  7.16  summary reports to boards of health as defined in section 
  7.17  145A.02, subdivision 2.  The administrator or other person 
  7.18  having general control and supervision of the child care 
  7.19  facility shall file a report with the commissioner of human 
  7.20  services on all persons enrolled in the child care facility.  
  7.21  The child care facility report must be prepared on forms 
  7.22  developed jointly by the commissioner of health and the 
  7.23  commissioner of human services and be distributed to child care 
  7.24  facilities by the commissioner of health and must state the 
  7.25  number of persons enrolled in the facility, the number of 
  7.26  persons with no immunizations, the number of persons who 
  7.27  received an exemption under subdivision 3, clause (c) or (d), 
  7.28  and the number of persons with partial or full immunization 
  7.29  histories.  The child care facility report shall be filed with 
  7.30  the commissioner of human services by November 1 of each year.  
  7.31  The commissioner of human services shall forward the report, or 
  7.32  a copy thereof, to the commissioner of health who shall provide 
  7.33  summary reports to boards of health as defined in section 
  7.34  145A.02, subdivision 2.  The report required by this subdivision 
  7.35  is not required of a family child care or group family child 
  7.36  care facility, for prekindergarten children enrolled in any 
  8.1   elementary or secondary school provided services according to 
  8.2   section 120.17, subdivision 2, nor for child care facilities in 
  8.3   which at least 75 percent of children in the facility 
  8.4   participate on a one-time only or occasional basis to a maximum 
  8.5   of 45 hours per child, per month.  
  8.6      Sec. 13.  Minnesota Statutes 1994, section 124.243, 
  8.7   subdivision 8, is amended to read: 
  8.8      Subd. 8.  [FUND TRANSFERS.] (a) Money in the account for 
  8.9   capital expenditure facilities revenue must not be transferred 
  8.10  into any other account or fund, except as specified in this 
  8.11  subdivision. 
  8.12     (b) The school board may, by resolution, transfer money 
  8.13  into the debt redemption fund to pay the amounts needed to meet, 
  8.14  when due, principal and interest payments on certain obligations 
  8.15  issued according to chapter 475. 
  8.16     (c) Each fiscal year, if a district does not have any 
  8.17  obligations outstanding under chapter 475, has not levied under 
  8.18  section 124.239, subdivision 3 or 5, and has not received 
  8.19  revenue under section 124.83, a school board may use up to 
  8.20  one-third of its capital expenditure facilities revenue for 
  8.21  equipment uses under section 124.244. 
  8.22     (d) Notwithstanding paragraph (c), a school board may 
  8.23  transfer all or a part of its capital expenditure facilities 
  8.24  revenue to its capital expenditure equipment account if: 
  8.25     (1) the district has only one facility and that facility is 
  8.26  less than ten years old; or 
  8.27     (2) the district receives approval from the commissioner to 
  8.28  make the transfer. 
  8.29     (e) In considering approval of a transfer under paragraph 
  8.30  (d), clause (2), the commissioner must consider the district's 
  8.31  facility needs. 
  8.32     Sec. 14.  Minnesota Statutes 1994, section 124.91, 
  8.33  subdivision 3, is amended to read: 
  8.34     Subd. 3.  [POST-JUNE 1992 LEASE PURCHASE, INSTALLMENT 
  8.35  BUYS.] (a) Upon application to, and approval by, the 
  8.36  commissioner in accordance with the procedures and limits in 
  9.1   subdivision 1, a district, as defined in this subdivision, may: 
  9.2      (1) purchase real or personal property under an installment 
  9.3   contract or may lease real or personal property with an option 
  9.4   to purchase under a lease purchase agreement, by which 
  9.5   installment contract or lease purchase agreement title is kept 
  9.6   by the seller or vendor or assigned to a third party as security 
  9.7   for the purchase price, including interest, if any; and 
  9.8      (2) annually levy the amounts necessary to pay the 
  9.9   district's obligations under the installment contract or lease 
  9.10  purchase agreement. 
  9.11     (b)(1) The obligation created by the installment contract 
  9.12  or the lease purchase agreement must not be included in the 
  9.13  calculation of net debt for purposes of section 475.53, and does 
  9.14  not constitute debt under other law.  
  9.15     (2) An election is not required in connection with the 
  9.16  execution of the installment contract or the lease purchase 
  9.17  agreement. 
  9.18     (c) The proceeds of the levy authorized by this subdivision 
  9.19  must not be used to acquire a facility to be primarily used for 
  9.20  athletic or school administration purposes. 
  9.21     (d) In this subdivision, "district" means: 
  9.22     (1) a school district required to have a comprehensive plan 
  9.23  for the elimination of segregation whose plan has been 
  9.24  determined by the commissioner to be in compliance with the 
  9.25  state board of education rules relating to equality of 
  9.26  educational opportunity and school desegregation; or 
  9.27     (2) a school district that participates in a joint program 
  9.28  for interdistrict desegregation with a district defined in 
  9.29  clause (1) if the facility acquired under this subdivision is to 
  9.30  be primarily used for the joint program. 
  9.31     (e) Notwithstanding subdivision 1, the prohibition against 
  9.32  a levy by a district to lease or rent a district-owned building 
  9.33  to itself does not apply to levies otherwise authorized by this 
  9.34  subdivision. 
  9.35     (f) Projects may be approved under this section by the 
  9.36  commissioner in fiscal years 1993, 1994, and 1995 only. 
 10.1      (g) For the purposes of this subdivision, any references in 
 10.2   subdivision 1 to building or land shall be deemed to include 
 10.3   personal property. 
 10.4      Sec. 15.  Minnesota Statutes 1994, section 124A.03, 
 10.5   subdivision 2, is amended to read: 
 10.6      Subd. 2.  [REFERENDUM REVENUE.] (a) The revenue authorized 
 10.7   by section 124A.22, subdivision 1, may be increased in the 
 10.8   amount approved by the voters of the district at a referendum 
 10.9   called for the purpose.  The referendum may be called by the 
 10.10  school board or shall be called by the school board upon written 
 10.11  petition of qualified voters of the district.  The referendum 
 10.12  shall be conducted during the one or two calendar year years 
 10.13  before the increased levy authority, if approved, first becomes 
 10.14  payable.  Only one election to approve an increase may be held 
 10.15  in a calendar year.  Unless the referendum is conducted by mail 
 10.16  under paragraph (g), the referendum must be held on the first 
 10.17  Tuesday after the first Monday in November.  The ballot shall 
 10.18  state the maximum amount of the increased revenue per actual 
 10.19  pupil unit, the estimated referendum tax rate as a percentage of 
 10.20  market value in the first year it is to be levied, and that the 
 10.21  revenue shall be used to finance school operations.  The ballot 
 10.22  may state that existing referendum levy authority is expiring.  
 10.23  In this case, the ballot may also compare the proposed levy 
 10.24  authority to the existing expiring levy authority, and express 
 10.25  the proposed increase as the amount, if any, over the expiring 
 10.26  referendum levy authority.  The ballot shall designate the 
 10.27  specific number of years, not to exceed ten, for which the 
 10.28  referendum authorization shall apply.  The ballot may contain a 
 10.29  textual portion with the information required in this 
 10.30  subdivision and a question stating substantially the following:  
 10.31     "Shall the increase in the revenue proposed by (petition 
 10.32  to) the board of ........., School District No. .., be approved?"
 10.33     If approved, an amount equal to the approved revenue per 
 10.34  actual pupil unit times the actual pupil units for the school 
 10.35  year beginning in the year after the levy is certified shall be 
 10.36  authorized for certification for the number of years approved, 
 11.1   if applicable, or until revoked or reduced by the voters of the 
 11.2   district at a subsequent referendum. 
 11.3      (b) The school board shall prepare and deliver by first 
 11.4   class mail at least 15 days but no more than 30 days prior to 
 11.5   the day of the referendum to each taxpayer a notice of the 
 11.6   referendum and the proposed revenue increase.  The school board 
 11.7   need not mail more than one notice to any taxpayer.  For the 
 11.8   purpose of giving mailed notice under this subdivision, owners 
 11.9   shall be those shown to be owners on the records of the county 
 11.10  auditor or, in any county where tax statements are mailed by the 
 11.11  county treasurer, on the records of the county treasurer.  Every 
 11.12  property owner whose name does not appear on the records of the 
 11.13  county auditor or the county treasurer shall be deemed to have 
 11.14  waived this mailed notice unless the owner has requested in 
 11.15  writing that the county auditor or county treasurer, as the case 
 11.16  may be, include the name on the records for this purpose.  The 
 11.17  notice must project the anticipated amount of tax increase in 
 11.18  annual dollars and annual percentage for typical residential 
 11.19  homesteads, agricultural homesteads, apartments, and 
 11.20  commercial-industrial property within the school district. 
 11.21     The notice for a referendum may state that an existing 
 11.22  referendum levy is expiring and project the anticipated amount 
 11.23  of increase over the existing referendum levy, if any, in annual 
 11.24  dollars and annual percentage for typical residential 
 11.25  homesteads, agricultural homesteads, apartments, and 
 11.26  commercial-industrial property within the school district. 
 11.27     The notice must include the following statement:  "Passage 
 11.28  of this referendum will result in an increase in your property 
 11.29  taxes." 
 11.30     (c) A referendum on the question of revoking or reducing 
 11.31  the increased revenue amount authorized pursuant to paragraph 
 11.32  (a) may be called by the school board and shall be called by the 
 11.33  school board upon the written petition of qualified voters of 
 11.34  the district.  A referendum to revoke or reduce the levy amount 
 11.35  must be based upon the dollar amount, local tax rate, or amount 
 11.36  per actual pupil unit, that was stated to be the basis for the 
 12.1   initial authorization.  Revenue approved by the voters of the 
 12.2   district pursuant to paragraph (a) must be received at least 
 12.3   once before it is subject to a referendum on its revocation or 
 12.4   reduction for subsequent years.  Only one revocation or 
 12.5   reduction referendum may be held to revoke or reduce referendum 
 12.6   revenue for any specific year and for years thereafter. 
 12.7      (d) A petition authorized by paragraph (a) or (c) shall be 
 12.8   effective if signed by a number of qualified voters in excess of 
 12.9   15 percent of the registered voters of the school district on 
 12.10  the day the petition is filed with the school board.  A 
 12.11  referendum invoked by petition shall be held on the date 
 12.12  specified in paragraph (a). 
 12.13     (e) The approval of 50 percent plus one of those voting on 
 12.14  the question is required to pass a referendum authorized by this 
 12.15  subdivision. 
 12.16     (f) At least 15 days prior to the day of the referendum, 
 12.17  the district shall submit a copy of the notice required under 
 12.18  paragraph (b) to the commissioner of education.  Within 15 days 
 12.19  after the results of the referendum have been certified by the 
 12.20  school board, or in the case of a recount, the certification of 
 12.21  the results of the recount by the canvassing board, the district 
 12.22  shall notify the commissioner of education of the results of the 
 12.23  referendum. 
 12.24     (g) Any referendum under this section held on a day other 
 12.25  than the first Tuesday after the first Monday in November must 
 12.26  be conducted by mail in accordance with section 204B.46.  
 12.27  Notwithstanding paragraph (b) to the contrary, in the case of a 
 12.28  referendum conducted by mail under this paragraph, the notice 
 12.29  required by paragraph (b) shall be prepared and delivered by 
 12.30  first class mail at least 20 days before the referendum. 
 12.31     Sec. 16.  Minnesota Statutes 1994, section 124A.26, 
 12.32  subdivision 1a, is amended to read: 
 12.33     Subd. 1a.  [ALTERNATIVE REDUCTION CALCULATION.] For any 
 12.34  district where the ratio of (1) the number of nonpublic students 
 12.35  ages 5 to 18, according to the report required under section 
 12.36  120.102, to (2) the total number of residents in the district 
 13.1   ages 5 to 18 as counted according to the annual fall school 
 13.2   census is greater than 40 percent, the district's net 
 13.3   unappropriated operating fund balance for that year for the 
 13.4   purpose of calculating the fund balance reduction under this 
 13.5   section is equal to the sum of the district's net unappropriated 
 13.6   fund balance in the general, transportation, and food service 
 13.7   funds. 
 13.8      Sec. 17.  Minnesota Statutes 1994, section 126.031, 
 13.9   subdivision 1, is amended to read: 
 13.10     Subdivision 1.  [INSTRUCTION REQUIRED.] Every public 
 13.11  elementary and secondary school shall may provide an 
 13.12  instructional program in chemical abuse and the prevention of 
 13.13  chemical dependency.  The school districts shall involve 
 13.14  parents, students, health care professionals, state department 
 13.15  staff, and other members of the community with a particular 
 13.16  interest in chemical dependency prevention in developing the 
 13.17  curriculum.  
 13.18     Sec. 18.  Minnesota Statutes 1994, section 126.237, is 
 13.19  amended to read: 
 13.20     126.237 [ALTERNATE INSTRUCTION REQUIRED.] 
 13.21     Before a pupil is referred for a special education 
 13.22  assessment, the district or nonpublic school must conduct and 
 13.23  document at least two instructional strategies, alternatives, or 
 13.24  interventions while the pupil is in the regular classroom.  The 
 13.25  pupil's teacher must provide the documentation.  A special 
 13.26  education assessment team may waive this requirement when they 
 13.27  determine the pupil's need for the assessment is urgent.  This 
 13.28  section may not be used to deny a pupil's right to a special 
 13.29  education assessment. 
 13.30     Sec. 19.  Minnesota Statutes 1994, section 169.452, is 
 13.31  amended to read: 
 13.32     169.452 [ACCIDENT AND SERIOUS INCIDENT REPORTING.] 
 13.33     The department of public safety shall develop uniform 
 13.34  definitions of a school bus accident, an incident of serious 
 13.35  misconduct, and an incident that results in personal injury or 
 13.36  death.  The department shall determine what type of information 
 14.1   on school bus accidents and incidents, including criminal 
 14.2   conduct, and bus driver dismissals for cause should be collected 
 14.3   and develop a uniform accident and incident reporting form to 
 14.4   collect those data, including data relating to type III 
 14.5   vehicles, statewide and provide the data to local law 
 14.6   enforcement agencies.  School districts shall report summary 
 14.7   information that results in a police report.  Upon request from 
 14.8   the department of public safety, a school district shall provide 
 14.9   a copy of the police report.  Data collected with this reporting 
 14.10  form shall be analyzed to help develop accident, crime, and 
 14.11  misconduct prevention programs. 
 14.12     Sec. 20.  [REPEALER.] 
 14.13     Minnesota Statutes 1994, sections 120.102, subdivision 4; 
 14.14  121.207; 123.799, subdivision 2; 124A.22, subdivision 2a; and 
 14.15  126.22, subdivision 5, are repealed.  Laws 1994, chapter 647, 
 14.16  article 3, section 25, is repealed.