Minnesota Legislature
HF 2
as introduced - 82nd Legislature, 2001 1st Special Session (2001 - 2002) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to education; providing for kindergarten 1.3 through grade 12 education including general education 1.4 revenue; education excellence; special programs; 1.5 facilities and technology; nutrition, school 1.6 accounting, and other programs; state agencies; and 1.7 technical amendments; appropriating money; amending 1.8 Minnesota Statutes 2000, sections 16B.616, subdivision 1.9 4; 121A.41, subdivision 10; 121A.582; 122A.18, by 1.10 adding a subdivision; 122A.25, by adding a 1.11 subdivision; 122A.26, subdivision 3; 122A.31; 122A.61, 1.12 subdivision 1; 123B.03, subdivision 3; 123B.42, 1.13 subdivision 3; 123B.44, subdivision 6; 123B.57, 1.14 subdivisions 3, 6, 8; 123B.71, subdivisions 1, 4, 8, 1.15 9; 123B.75, subdivision 5, by adding a subdivision; 1.16 124D.03, subdivision 4; 124D.10, subdivision 1; 1.17 124D.11, subdivision 5; 124D.454, subdivision 11; 1.18 124D.59, subdivision 2; 124D.65, subdivision 5; 1.19 124D.69, subdivision 1; 124D.74, subdivisions 2, 3, 4, 1.20 6; 124D.75, subdivision 6; 124D.76; 124D.78, 1.21 subdivision 1; 124D.81, subdivisions 1, 3, 5, 6, 7; 1.22 124D.84, subdivision 1; 124D.892, subdivisions 1, 3; 1.23 125A.023, subdivision 4; 125A.08; 125A.09, subdivision 1.24 3; 125A.11, subdivision 3; 125A.17; 125A.27, 1.25 subdivision 15; 125A.76, subdivisions 1, 2; 126C.05, 1.26 subdivision 1; 126C.10, subdivisions 1, 9; 126C.12, 1.27 subdivisions 2, 3, 4, 5, by adding a subdivision; 1.28 126C.17, subdivisions 6, 9, 10, 11; 126C.23, 1.29 subdivision 5; 126C.41, subdivision 3; 127A.41, 1.30 subdivisions 5, 8, 9; 127A.45, subdivision 12, by 1.31 adding a subdivision; 127A.50, subdivision 2; 129C.10, 1.32 subdivision 3; 260A.01; 260C.163, subdivision 11; 1.33 626.556, subdivision 2, as amended; Laws 2000, chapter 1.34 489, article 2, section 34; Laws 2000, chapter 489, 1.35 article 2, section 37, subdivision 3; Laws 2000, 1.36 chapter 489, article 2, section 39, subdivision 2; 1.37 Laws 2000, chapter 489, article 3, section 24; Laws 1.38 2000, chapter 489, article 3, section 25, subdivision 1.39 5; Laws 2000, chapter 489, article 5, section 21; 1.40 proposing coding for new law in Minnesota Statutes, 1.41 chapters 122A; 124D; repealing Minnesota Statutes 1.42 2000, sections 123B.71, subdivisions 3, 10; 124D.1155; 1.43 Laws 2000, chapter 254, section 30; Laws 2000, chapter 1.44 489, article 1, section 18; Minnesota Rules, part 1.45 3501.0280, subpart 3. 2.1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.2 ARTICLE 1 2.3 GENERAL EDUCATION REVENUE 2.4 Section 1. Minnesota Statutes 2000, section 123B.42, 2.5 subdivision 3, is amended to read: 2.6 Subd. 3. [COST; LIMITATION.] (a) The cost per pupil of the 2.7 textbooks, individualized instructional or cooperative learning 2.8 materials, and standardized tests provided for in this section 2.9 for each school year must not exceed the statewide average 2.10 expenditure per pupil, adjusted pursuant to clause (b), by the 2.11 Minnesota public elementary and secondary schools for textbooks, 2.12 individualized instructional materials and standardized tests as 2.13 computed and established by the department byMarchFebruary 1 2.14 of the preceding school year from the most recent public school 2.15 year data then available. 2.16 (b) The cost computed in clause (a) shall be increased by 2.17 an inflation adjustment equal to the percent of increase in the 2.18 formula allowance, pursuant to section 126C.10, subdivision 2, 2.19 from the second preceding school year to the current school year. 2.20 (c) The commissioner shall allot to the districts or 2.21 intermediary service areas the total cost for each school year 2.22 of providing or loaning the textbooks, individualized 2.23 instructional or cooperative learning materials, and 2.24 standardized tests for the pupils in each nonpublic school. The 2.25 allotment shall not exceed the product of the statewide average 2.26 expenditure per pupil, according to clause (a), adjusted 2.27 pursuant to clause (b), multiplied by the number of nonpublic 2.28 school pupils who make requests pursuant to this section and who 2.29 are enrolled as of September 15 of the current school year. 2.30 Sec. 2. Minnesota Statutes 2000, section 123B.44, 2.31 subdivision 6, is amended to read: 2.32 Subd. 6. [COMPUTATION OF MAXIMUM ALLOTMENTS.] For purposes 2.33 of computing maximum allotments for each school year pursuant to 2.34 this section, the average public school expenditure per pupil 2.35 for health services and the average public school expenditure 2.36 per secondary pupil for guidance and counseling services shall 3.1 be computed and established by the department byMarchFebruary 3.2 1 of the preceding school year from the most recent public 3.3 school year data then available. 3.4 Sec. 3. Minnesota Statutes 2000, section 123B.75, 3.5 subdivision 5, is amended to read: 3.6 Subd. 5. [LEVY RECOGNITION.] (a) "School district tax 3.7 settlement revenue" means the current, delinquent, and 3.8 manufactured home property tax receipts collected by the county 3.9 and distributed to the school district. 3.10 (b) In June ofeach year2001, the school district must 3.11 recognize as revenue, in the fund for which the levy was made, 3.12 the lesser of: 3.13 (1) the sum of May, June, and July school district tax 3.14 settlement revenue received in that calendar year plus general 3.15 education aid according to section 126C.13, subdivision 4, 3.16 received in July and August of that calendar year; or 3.17 (2) the sum of: 3.18 (i) 31 percent of the referendum levy certified in the 3.19 prior calendar year according to section 126C.17, subdivision 9; 3.20 plus 3.21 (ii) the entire amount of the levy certified in the prior 3.22 calendar year according to sections 124D.86, subdivision 4, for 3.23 school districts receiving revenue under 124D.86, subdivision 3, 3.24 clauses (1), (2), and (3); 126C.41, subdivisions 1, 2, and 3, 3.25 paragraphs (4), (5), and (6); 126C.43, subdivision 2; and 3.26 126C.48, subdivision 6. 3.27 (c) For fiscal year 2002 and later years, in June of each 3.28 year, the school district must recognize as revenue, in the fund 3.29 for which the levy was made, the lesser of: 3.30 (1) the sum of May, June, and July school district tax 3.31 settlement revenue received in that calendar year, plus general 3.32 education aid according to section 126C.13, subdivision 4, 3.33 received in July and August of that calendar year; or 3.34 (2) the sum of: 3.35 (i) the lesser of 50 percent of the referendum levy 3.36 certified in the prior calendar year according to section 4.1 126C.17, subdivision 9; or 31 percent of the referendum levy 4.2 certified according to section 126C.17, in calendar year 2000; 4.3 plus 4.4 (ii) the entire amount of the levy certified in the prior 4.5 calendar year according to section 124D.86, subdivision 4, for 4.6 school districts receiving revenue under sections 124D.86, 4.7 subdivision 3, clauses (1), (2), and (3); 126C.41, subdivisions 4.8 1, 2, and 3, paragraphs (4), (5), and (6); 126C.43, subdivision 4.9 2; and 126C.48, subdivision 6. 4.10 [EFFECTIVE DATE.] This section is effective June 30, 2001. 4.11 Sec. 4. Minnesota Statutes 2000, section 123B.75, is 4.12 amended by adding a subdivision to read: 4.13 Subd. 6b. [GENERAL EDUCATION AID.] If the amount to be 4.14 recognized as revenue under subdivision 5 exceeds the May, June, 4.15 and July school district tax settlement revenue received in that 4.16 calendar year, the district must recognize an amount of general 4.17 education aid equal to the difference between the total amount 4.18 to be recognized as revenue under subdivision 5, and the May, 4.19 June, and July school district tax settlement revenue received 4.20 in that calendar year as revenue in the previous fiscal year. 4.21 [EFFECTIVE DATE.] This section is effective June 30, 2001. 4.22 Sec. 5. Minnesota Statutes 2000, section 124D.69, 4.23 subdivision 1, is amended to read: 4.24 Subdivision 1. [AID.] If a pupil enrolls in an alternative 4.25 program, eligible under section 124D.68, subdivision 3, 4.26 paragraph (d), or subdivision 4, operated by a private 4.27 organization that has contracted with a school district to 4.28 provide educational services for eligible pupils under section 4.29 124D.68, subdivision 2, the district contracting with the 4.30 private organization must reimburse the provider an amount equal 4.31 to at least9095 percent of the district's average general 4.32 education less basic skills revenue per pupil unit times the 4.33 number of pupil units for pupils attending the program. Basic 4.34 skills revenue shall be paid according to section 126C.10, 4.35 subdivision 4. Compensatory revenue must be allocated according 4.36 to section 126C.15, subdivision 2. For a pupil attending the 5.1 program part time, the revenue paid to the program must be 5.2 reduced proportionately, according to the amount of time the 5.3 pupil attends the program, and revenue paid to the district 5.4 shall be reduced accordingly. Pupils for whom a district 5.5 provides reimbursement may not be counted by the district for 5.6 any purpose other than computation of general education 5.7 revenue. If payment is made to a district or program for a 5.8 pupil under this section, the department must not make a payment 5.9 for the same pupil under section 124D.68, subdivision 9. 5.10 [EFFECTIVE DATE.] This section is effective for revenue for 5.11 fiscal years 2002 and later. 5.12 Sec. 6. Minnesota Statutes 2000, section 126C.05, 5.13 subdivision 1, is amended to read: 5.14 Subdivision 1. [PUPIL UNIT.] Pupil units for each 5.15 Minnesota resident pupil in average daily membership enrolled in 5.16 the district of residence, in another district under sections 5.17 123A.05 to 123A.08, 124D.03, 124D.06, 124D.07, 124D.08, or 5.18 124D.68; in a charter school under section 124D.10; or for whom 5.19 the resident district pays tuition under section 123A.18, 5.20 123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88, 5.21 subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or 5.22 125A.65, shall be counted according to this subdivision. 5.23 (a) A prekindergarten pupil with a disability who is 5.24 enrolled in a program approved by the commissioner and has an 5.25 individual education plan is counted as the ratio of the number 5.26 of hours of assessment and education service to 825 times 1.25 5.27 with a minimum average daily membership of 0.28, but not more 5.28 than 1.25 pupil units. 5.29 (b) A prekindergarten pupil who is assessed but determined 5.30 not to be handicapped is counted as the ratio of the number of 5.31 hours of assessment service to 825 times 1.25. 5.32 (c) A kindergarten pupil with a disability who is enrolled 5.33 in a program approved by the commissioner is counted as the 5.34 ratio of the number of hours of assessment and education 5.35 services required in the fiscal year by the pupil's individual 5.36 education program plan to 875, but not more than one. 6.1 (d) A kindergarten pupil who is not included in paragraph 6.2 (c) is counted as .557 of a pupil unit for fiscal year 2000 and 6.3 thereafter. 6.4 (e) A pupil who is in any of grades 1 to 3 is counted as 6.5 1.115 pupil units for fiscal year 2000 and thereafter. 6.6 (f) A pupil who is any of grades 4 to 6 is counted as 1.06 6.7 pupil units for fiscal year 1995 and thereafter. 6.8 (g) A pupil who is in any of grades 7 to 12 is counted as 6.9 1.3 pupil units. 6.10 (h) A pupil who is in the post-secondary enrollment options 6.11 program is counted as 1.3 pupil units. 6.12 Sec. 7. Minnesota Statutes 2000, section 126C.10, 6.13 subdivision 1, is amended to read: 6.14 Subdivision 1. [GENERAL EDUCATION REVENUE.] For fiscal 6.15 year 2000 and thereafter, the general education revenue for each 6.16 district equals the sum of the district's basic revenue, basic 6.17 skills revenue, training and experience revenue, secondary 6.18 sparsity revenue, elementary sparsity revenue, transportation 6.19 sparsity revenue, total operating capital revenue, equity 6.20 revenue,referendum offset adjustment,transition revenue, and 6.21 supplemental revenue. 6.22 [EFFECTIVE DATE.] This section is effective for revenue for 6.23 fiscal year 2002. 6.24 Sec. 8. Minnesota Statutes 2000, section 126C.10, 6.25 subdivision 9, is amended to read: 6.26 Subd. 9. [SUPPLEMENTAL REVENUE.] (a) A district's 6.27 supplemental revenue allowance for fiscal year1994 and later6.28fiscal years2002 equals the district's supplemental 6.29 revenue allowance for fiscal year1993 divided by the district's6.301992-1993 resident pupil units2001. 6.31 (b)A district's supplemental revenue allowance is reduced6.32for fiscal year 1995 and later according to subdivision 12.6.33(c)A district's supplemental revenue equals the 6.34 supplemental revenue allowance, if any, times its adjusted 6.35 marginal cost pupil units for that year. 6.36(d) A district may cancel its supplemental revenue by7.1notifying the commissioner of education prior to June 30, 1994.7.2A district that is reorganizing under section 123A.35, 123A.46,7.3or 123A.48 may cancel its supplemental revenue by notifying the7.4commissioner of children, families, and learning before July 17.5of the year of the reorganization. If a district cancels its7.6supplemental revenue according to this paragraph, its7.7supplemental revenue allowance for fiscal year 1993 for purposes7.8of subdivision 12 and section 124A.03, subdivision 3b, equals7.9zero.7.10 Sec. 9. Minnesota Statutes 2000, section 126C.12, 7.11 subdivision 2, is amended to read: 7.12 Subd. 2. [INSTRUCTOR DEFINEDDEFINITIONS.]Primary7.13instructor(a) "Classroom teacher" means, for the purpose of the 7.14 annual report in subdivision 6, for collecting consistent state 7.15 data, and for determining the cost of reducing actual class size 7.16 to a level of 1 to 17, a public employee licensed by the board 7.17 of teaching who is authorized to teach all subjects to children 7.18 in any grade kindergarten through grade 6 and whose duties are 7.19 full-time regular classroom instruction, excluding a teacher for 7.20 whom federal aids are received or for whom categorical aids are 7.21 received pursuant to section 125A.76 or who is an itinerant 7.22 teacher or provides instruction outside of the regular 7.23 classroom. Except as provided in section 122A.68, subdivision 7.24 6,instructorclassroom teacher does not include supervisory and 7.25 support personnel, except school social workers asdefined in 7.26 section 122A.15.An instructorA classroom teacher whose duties 7.27 are less than full-time instruction must be included as an 7.28 equivalent only for the number of hours of instruction ingrades7.29 kindergarten through6grade 3. 7.30 (b) "Class size" means the district wide ratio at each 7.31 grade level of the number of full-time students in kindergarten 7.32 through grade 3 served at least 40 percent of the time in 7.33 regular classrooms to the number of full-time classroom teachers 7.34 in kindergarten through grade 3, determined as of October 1 of 7.35 each school year. 7.36 Sec. 10. Minnesota Statutes 2000, section 126C.12, 8.1 subdivision 3, is amended to read: 8.2 Subd. 3. [INSTRUCTION CONTACT TIME.] Instruction may be 8.3 provided by aprimary instructor,classroom teacher or by a team 8.4 ofinstructorsclassroom teachers, or by a teacher resident 8.5 supervised by aprimary instructorclassroom teacher. The 8.6 district must maximizeinstructorclassroom teacher to learner 8.7 average instructional contact time in the core subjects of 8.8 reading and mathematics. 8.9 Sec. 11. Minnesota Statutes 2000, section 126C.12, 8.10 subdivision 4, is amended to read: 8.11 Subd. 4. [REVENUE USE.] (a)Revenue must be used according8.12to either paragraph (b) or (c).8.13(b)Revenue must be used to reduce and maintain the 8.14 district'sinstructor to learner ratiosaverage class size in 8.15 kindergarten through grade63 to a level of117 to171 on 8.16 average in each of the respective grades.The district must8.17prioritize the use of the revenue to attain this level initially8.18in kindergarten and grade 1 and then through the subsequent8.19grades as revenue is available.8.20(c) The revenue may be used to prepare and use an8.21individualized learning plan for each learner.(b) A district 8.22 must not increase thedistrict wide instructor-to-learner ratios8.23 districtwide class sizes in other grades as a result of reducing 8.24instructor-to-learner ratiosclass sizes in kindergarten through 8.25 grade63. Revenue may not be used to provide instructor 8.26 preparationtime. A district may use a portion of the revenue 8.27 reserved under this section to employ up to the same number of 8.28 full-time equivalent education assistants or aides as the 8.29 district employed during the 1992-1993 school year under 8.30 Minnesota Statutes 1992, section 124.331, subdivision 2 through 8.31 fiscal year 2002. Beginning in fiscal year 2003, class size 8.32 reduction revenue may only be reserved to employ classroom 8.33 teachers contributing to lower class sizes in kindergarten 8.34 through grade 3. 8.35 Sec. 12. Minnesota Statutes 2000, section 126C.12, 8.36 subdivision 5, is amended to read: 9.1 Subd. 5. [ADDITIONAL REVENUE USE.] If the board of a 9.2 district determines that the district has achieved and is 9.3 maintaining theinstructor-to-learner ratiosclass sizes 9.4 specified in subdivision 4and is using individualized learning9.5plans, the board may use the revenue to reduce class size in 9.6 grades 4, 5, and 6, provide all-day, everyday kindergarten, 9.7 prepare and use individualized learning plans, improve program 9.8 offerings, purchase instructional materialand, services, or 9.9 technology, or provide staff development needed for reduced 9.10instructor-to-learner ratios. If additional revenue remains,9.11the district must use the revenue to improve program offerings,9.12including programs provided through interactive television,9.13throughout the district or other general education9.14purposesclass sizes. 9.15 Sec. 13. Minnesota Statutes 2000, section 126C.12, is 9.16 amended by adding a subdivision to read: 9.17 Subd. 6. [ANNUAL REPORT.] By December 1 of each year, 9.18 districts receiving revenue under subdivision 1 shall make 9.19 available to the public a report on the amount of revenue the 9.20 district has received and the use of the revenue. This report 9.21 shall be in the form and manner determined by the commissioner 9.22 and shall include the district average class sizes in 9.23 kindergarten through grade 6 as of October 1 of the current 9.24 school year and the class sizes for each site serving 9.25 kindergarten through grade 6 students in the district. A copy 9.26 of the report shall be filed with the commissioner by December 9.27 15. 9.28 Sec. 14. Minnesota Statutes 2000, section 126C.17, 9.29 subdivision 6, is amended to read: 9.30 Subd. 6. [REFERENDUM EQUALIZATION LEVY.](a)A district's 9.31 referendum equalization levyfor a referendum levied against the9.32referendum market value of all taxable property as defined in9.33section 126C.01, subdivision 3,equals the district's referendum 9.34 equalization revenue times the lesser of one or the ratio of the 9.35 district's referendum market value per resident marginal cost 9.36 pupil unit to $476,000. 10.1(b) A district's referendum equalization levy for a10.2referendum levied against the net tax capacity of all taxable10.3property equals the district's referendum equalization revenue10.4times the lesser of one or the ratio of the district's adjusted10.5net tax capacity per resident marginal cost pupil unit to $8,404.10.6 [EFFECTIVE DATE.] This section is effective for revenue for 10.7 fiscal year 2002. 10.8 Sec. 15. Minnesota Statutes 2000, section 126C.17, 10.9 subdivision 9, is amended to read: 10.10 Subd. 9. [REFERENDUM REVENUE.] (a) The revenue authorized 10.11 by section 126C.10, subdivision 1, may be increased in the 10.12 amount approved by the voters of the district at a referendum 10.13 called for the purpose. The referendum may be called by the 10.14 board or shall be called by the board upon written petition of 10.15 qualified voters of the district. The referendum must be 10.16 conducted one or two calendar years before the increased levy 10.17 authority, if approved, first becomes payable. Only one 10.18 election to approve an increase may be held in a calendar year. 10.19 Unless the referendum is conducted by mail under paragraph (g), 10.20 the referendum must be held on the first Tuesday after the first 10.21 Monday in November. The ballot must state the maximum amount of 10.22 the increased revenue per resident marginal cost pupil unit, the 10.23 estimated referendum tax rate as a percentage of referendum 10.24 market value in the first year it is to be levied, and that the 10.25 revenue must be used to finance school operations. The ballot 10.26 may state a schedule, determined by the board, of increased 10.27 revenue per resident marginal cost pupil unit that differs from 10.28 year to year over the number of years for which the increased 10.29 revenue is authorized. If the ballot contains a schedule 10.30 showing different amounts, it must also indicate the estimated 10.31 referendum tax rate as a percent of referendum market value for 10.32 the amount specified for the first year and for the maximum 10.33 amount specified in the schedule. The ballot may state that 10.34 existing referendum levy authority is expiring. In this case, 10.35 the ballot may also compare the proposed levy authority to the 10.36 existing expiring levy authority, and express the proposed 11.1 increase as the amount, if any, over the expiring referendum 11.2 levy authority. The ballot must designate the specific number 11.3 of years, not to exceed ten, for which the referendum 11.4 authorization applies. The notice required under section 275.60 11.5 may be modified to read, in cases of renewing existing levies: 11.6 "BY VOTING "YES" ON THIS BALLOT QUESTION, YOU MAY BE VOTING 11.7 FOR A PROPERTY TAX INCREASE." 11.8 The ballot may contain a textual portion with the 11.9 information required in this subdivision and a question stating 11.10 substantially the following: 11.11 "Shall the increase in the revenue proposed by (petition 11.12 to) the board of ........., School District No. .., be approved?" 11.13 If approved, an amount equal to the approved revenue per 11.14 resident marginal cost pupil unit times the resident marginal 11.15 cost pupil units for the school year beginning in the year after 11.16 the levy is certified shall be authorized for certification for 11.17 the number of years approved, if applicable, or until revoked or 11.18 reduced by the voters of the district at a subsequent referendum. 11.19 (b) The board must prepare and deliver by first class mail 11.20 at least 15 days but no more than 30 days before the day of the 11.21 referendum to each taxpayer a notice of the referendum and the 11.22 proposed revenue increase. The board need not mail more than 11.23 one notice to any taxpayer. For the purpose of giving mailed 11.24 notice under this subdivision, owners must be those shown to be 11.25 owners on the records of the county auditor or, in any county 11.26 where tax statements are mailed by the county treasurer, on the 11.27 records of the county treasurer. Every property owner whose 11.28 name does not appear on the records of the county auditor or the 11.29 county treasurer is deemed to have waived this mailed notice 11.30 unless the owner has requested in writing that the county 11.31 auditor or county treasurer, as the case may be, include the 11.32 name on the records for this purpose. The notice must project 11.33 the anticipated amount of tax increase in annual dollars and 11.34 annual percentage for typical residential homesteads, 11.35 agricultural homesteads, apartments, and commercial-industrial 11.36 property within the school district. 12.1 The notice for a referendum may state that an existing 12.2 referendum levy is expiring and project the anticipated amount 12.3 of increase over the existing referendum levy in the first year, 12.4 if any, in annual dollars and annual percentage for typical 12.5 residential homesteads, agricultural homesteads, apartments, and 12.6 commercial-industrial property within the district. 12.7 The notice must include the following statement: "Passage 12.8 of this referendum will result in an increase in your property 12.9 taxes." However, in cases of renewing existing levies, the 12.10 notice may include the following statement: "Passage of this 12.11 referendum may result in an increase in your property taxes." 12.12 (c) A referendum on the question of revoking or reducing 12.13 the increased revenue amount authorized pursuant to paragraph 12.14 (a) may be called by the board and shall be called by the board 12.15 upon the written petition of qualified voters of the district. 12.16 A referendum to revoke or reduce the levy amount must be based 12.17 upon the dollar amount, local tax rate, or amount per resident 12.18 marginal cost pupil unit, that was stated to be the basis for 12.19 the initial authorization. Revenue approved by the voters of 12.20 the district pursuant to paragraph (a) must be received at least 12.21 once before it is subject to a referendum on its revocation or 12.22 reduction for subsequent years. Only one revocation or 12.23 reduction referendum may be held to revoke or reduce referendum 12.24 revenue for any specific year and for years thereafter. 12.25 (d) A petition authorized by paragraph (a) or (c) is 12.26 effective if signed by a number of qualified voters in excess of 12.27 15 percent of the registered voters of the district on the day 12.28 the petition is filed with the board. A referendum invoked by 12.29 petition must be held on the date specified in paragraph (a). 12.30 (e) The approval of 50 percent plus one of those voting on 12.31 the question is required to pass a referendum authorized by this 12.32 subdivision. 12.33 (f) At least 15 days before the day of the referendum, the 12.34 district must submit a copy of the notice required under 12.35 paragraph (b) to the commissioner and to the county auditor of 12.36 each county in which the district is located. Within 15 days 13.1 after the results of the referendum have been certified by the 13.2 board, or in the case of a recount, the certification of the 13.3 results of the recount by the canvassing board, the district 13.4 must notify the commissioner of the results of the referendum. 13.5(g) Except for a referendum held under subdivision 11, any13.6referendum under this section held on a day other than the first13.7Tuesday after the first Monday in November must be conducted by13.8mail in accordance with section 204B.46. Notwithstanding13.9paragraph (b) to the contrary, in the case of a referendum13.10conducted by mail under this paragraph, the notice required by13.11paragraph (b) must be prepared and delivered by first class mail13.12at least 20 days before the referendum.13.13 Sec. 16. Minnesota Statutes 2000, section 126C.17, 13.14 subdivision 10, is amended to read: 13.15 Subd. 10. [SCHOOL REFERENDUM LEVY; MARKET VALUE.] 13.16Notwithstanding the provisions of subdivision 9,A school 13.17 referendum levyapproved after November 1, 1992, for taxes13.18payable in 1993 and thereafter,must be levied against the 13.19 referendum market value of all taxable property as defined in 13.20 section 126C.01, subdivision 3. Any referendum levy amount 13.21 subject to the requirements of this subdivision must be 13.22 certified separately to the county auditor under section 275.07. 13.23All other provisions of subdivision 9 that do not conflict13.24with this subdivision apply to referendum levies under this13.25subdivision.13.26 [EFFECTIVE DATE.] This section is effective for revenue for 13.27 fiscal year 2002. 13.28 Sec. 17. Minnesota Statutes 2000, section 126C.17, 13.29 subdivision 11, is amended to read: 13.30 Subd. 11. [REFERENDUM DATE.] (a) Except for a referendum 13.31 held under paragraph (b), any referendum under this section held 13.32 on a day other than the first Tuesday after the first Monday in 13.33 November must be conducted by mail in accordance with section 13.34 204B.46. Notwithstanding subdivision 9, paragraph (b), to the 13.35 contrary, in the case of a referendum conducted by mail under 13.36 this paragraph, the notice required by subdivision 9, paragraph 14.1 (b), must be prepared and delivered by first-class mail at least 14.2 20 days before the referendum. 14.3 (b) In addition to the referenda allowed in subdivision 9, 14.4 clause (a), the commissioner mayauthorize a referendum for a14.5different day.14.6(a) The commissioner maygrant authority to a district to 14.7 hold a referendum on a different day if the district is in 14.8 statutory operating debt and has an approved plan or has 14.9 received an extension from the department to file a plan to 14.10 eliminate the statutory operating debt. 14.11(b) The commissioner may grant authority for a district to14.12hold a referendum on a different day if: (1) the district will14.13conduct a bond election under chapter 475 on that same day; and14.14(2) the proceeds of the referendum will provide only additional14.15operating revenue complementing the purpose for which bonding14.16authority is sought. The commissioner may only grant authority14.17under this paragraph if the district demonstrates to the14.18commissioner's satisfaction that the district's ability to14.19operate the new facility or achieve efficiencies with the14.20purchases connected to the proceeds of the bond sale will be14.21significantly affected if the operating referendum is not14.22conducted until the November general election. Authority under14.23this paragraph expires November 30, 1998.14.24 (c) The commissioner must approve, deny, or modify each 14.25 district's request for a referendum levy on a different day 14.26 within 60 days of receiving the request from a district. 14.27 Sec. 18. Minnesota Statutes 2000, section 126C.23, 14.28 subdivision 5, is amended to read: 14.29 Subd. 5. [DATA REPORTING.] Each district must report to 14.30 the commissionerthe estimated amount of general education and14.31referendum initially allocated to each building under14.32subdivision 2 and the amount of any reallocations under14.33subdivision 3 by January 30 of the current fiscal year, andthe 14.34 actual amount of general education and referendum revenue 14.35 initially allocated to each building under subdivision 2 and the 14.36 amount of any reallocations under subdivision 3 by January 30 of 15.1 the next fiscal year. 15.2 Sec. 19. Minnesota Statutes 2000, section 126C.41, 15.3 subdivision 3, is amended to read: 15.4 Subd. 3. [RETIREMENT LEVIES.](1) In addition to the15.5excess levy authorized in 1976 any district within a city of the15.6first class which was authorized in 1975 to make a retirement15.7levy under Minnesota Statutes 1974, section 275.127 and chapter15.8422A may levy an amount per pupil unit which is equal to the15.9amount levied in 1975 payable 1976, under Minnesota Statutes15.101974, section 275.127 and chapter 422A, divided by the number of15.11pupil units in the district in 1976-1977.15.12(2) In 1979 and each year thereafter, any district which15.13qualified in 1976 for an extra levy under paragraph (1) shall be15.14allowed to levy the same amount as levied for retirement in 197815.15under this clause reduced each year by ten percent of the15.16difference between the amount levied for retirement in 197115.17under Minnesota Statutes 1971, sections 275.127 and 422.01 to15.18422.54 and the amount levied for retirement in 1975 under15.19Minnesota Statutes 1974, section 275.127 and chapter 422A.15.20(3)(a) In 1991 and each year thereafter, a district to 15.21 which this subdivision applies may levy an additional amount 15.22 required for contributions to the Minneapolis employees 15.23 retirement fund as a result of the maximum dollar amount 15.24 limitation on state contributions to the fund imposed under 15.25 section 422A.101, subdivision 3. The additional levy must not 15.26 exceed the most recent amount certified by the board of the 15.27 Minneapolis employees retirement fund as the district's share of 15.28 the contribution requirement in excess of the maximum state 15.29 contribution under section 422A.101, subdivision 3. 15.30(4)(b) For taxes payable in 1994 and thereafter, special 15.31 school district No. 1, Minneapolis, and independent school 15.32 district No. 625, St. Paul, may levy for the increase in the 15.33 employer retirement fund contributions, under Laws 1992, chapter 15.34 598, article 5, section 1. 15.35(5)(c) If the employer retirement fund contributions under 15.36 section 354A.12, subdivision 2a, are increased for fiscal year 16.1 1994 or later fiscal years, special school district No. 1, 16.2 Minneapolis, and independent school district No. 625, St. Paul, 16.3 may levy in payable 1994 or later an amount equal to the amount 16.4 derived by applying the net increase in the employer retirement 16.5 fund contribution rate of the respective teacher retirement fund 16.6 association between fiscal year 1993 and the fiscal year 16.7 beginning in the year after the levy is certified to the total 16.8 covered payroll of the applicable teacher retirement fund 16.9 association. If an applicable school district levies under this 16.10 paragraph, they may not levy under paragraph(4)(b). 16.11(6)(d) In addition to the levy authorized under paragraph 16.12(5)(c), special school district No. 1, Minneapolis, may also 16.13 levy payable in 1997 or later an amount equal to the 16.14 contributions under section 423A.02, subdivision 3, and may also 16.15 levy in payable 1994 or later an amount equal to the state aid 16.16 contribution under section 354A.12, subdivision 3b. Independent 16.17 school district No. 625, St. Paul, may levy payable in 1997 or 16.18 later an amount equal to the supplemental contributions under 16.19 section 423A.02, subdivision 3. 16.20 Sec. 20. Minnesota Statutes 2000, section 127A.41, 16.21 subdivision 5, is amended to read: 16.22 Subd. 5. [DISTRICT APPEAL OF AID REDUCTION; INSPECTION OF 16.23 DISTRICT SCHOOLS AND ACCOUNTS AND RECORDS.] Public schools shall 16.24 at all times be open to the inspection of the commissioner. The 16.25 accounts and records of any district must be open to inspection 16.26 by the state auditor, or the commissioner for the purpose of 16.27 audits conducted under this section. Each district shall keep 16.28 for a minimum of three years at least the following: (1) 16.29 identification of the annual session days held, together with a 16.30 record of the length of each session day, (2) a record of each 16.31 pupil's daily attendance, with entrance and withdrawal dates, 16.32 and (3) identification of thepupils transported who are16.33reported for transportation aidto-and-from school 16.34 transportation category for each pupil as defined in section 16.35 123B.92, subdivision 1. 16.36 Sec. 21. Minnesota Statutes 2000, section 127A.50, 17.1 subdivision 2, is amended to read: 17.2 Subd. 2. [APPROPRIATIONAND ESTIMATED NET SAVINGS.] The 17.3 amounts necessary to pay any positive net adjustments under this 17.4 section to any school district are appropriated annually from 17.5 the general fund to the commissioner of children, families, and 17.6 learning.The estimated net general fund savings under this17.7section is $29,819,000 in fiscal year 1998, and $26,997,000 in17.8each fiscal year thereafter.17.9 Sec. 22. Laws 2000, chapter 489, article 2, section 34, is 17.10 amended to read: 17.11 Sec. 34. [TRAINING AND EXPERIENCE REPLACEMENT REVENUE.] 17.12 (a) For fiscal year 2001 only, a school district's training 17.13 and experience replacement revenue equals the sum of the 17.14 following: 17.15 (1) the ratio of the amount of training and experience 17.16 revenue the district would have received for fiscal year 1999 17.17 calculated using the training and experience index in Minnesota 17.18 Statutes 1996, section 124A.04, to its resident pupil units for 17.19 that year, times the district's adjusted marginal cost pupil 17.20 units for fiscal year 2001, times .06; plus 17.21 (2) the difference between .47 times the training and 17.22 experience revenue the district would have received for fiscal 17.23 year 1999, calculated using the training and experience index in 17.24 Minnesota Statutes 1996, section 124A.04, and the amount 17.25 calculated in Minnesota Statutes, section 126C.10, subdivision 17.26 5, for fiscal year 2001, but not less than zero. 17.27 (b) This revenue is paid entirely in fiscal year 2001 based 17.28 on estimated data. 17.29 (c) By January 31, 2002, the department of children, 17.30 families, and learning shall recalculate the revenue for each 17.31 district using actual data, and shall adjust the general 17.32 education aid paid to school districts for fiscal year 2002 by 17.33 the amount of the difference between the estimated revenue and 17.34 the actual revenue. 17.35 Sec. 23. Laws 2000, chapter 489, article 2, section 37, 17.36 subdivision 3, is amended to read: 18.1 Subd. 3. [FISCAL YEAR 2001 CALCULATION.] (a) For fiscal 18.2 year 2001, a school district's sparsity correction revenue 18.3 equals .5 times the difference between sparsity revenue in 18.4 fiscal year 2001 calculated according to Laws 1999, chapter 241, 18.5 article 1, sections 18 and 19, and the sparsity revenue the 18.6 district would have received for fiscal year 2001 had these 18.7 sections of law not been approved. 18.8 (b) This revenue is paid entirely in fiscal year 2001 based 18.9 on estimated data. 18.10 (c) By January 31, 2002, the department of children, 18.11 families, and learning shall recalculate the revenue for each 18.12 district using actual data, and shall adjust the general 18.13 education aid paid to school districts for fiscal year 2002 by 18.14 the amount of the difference between the estimated revenue and 18.15 the actual revenue. 18.16 Sec. 24. Laws 2000, chapter 489, article 2, section 39, 18.17 subdivision 2, is amended to read: 18.18 Subd. 2. [SPARSITY CORRECTION REVENUE.] For sparsity 18.19 correction revenue: 18.20 $1,030,000 ..... 2000 18.21 $ 515,000 ..... 2001 18.22 The 2000 appropriation is available until June 30, 2001. 18.23 [EFFECTIVE DATE.] This section is effective the day 18.24 following final enactment. 18.25 Sec. 25. Laws 2000, chapter 489, article 3, section 25, 18.26 subdivision 5, is amended to read: 18.27 Subd. 5. [SPECIAL EDUCATION CROSS-SUBSIDY REVENUE.] For 18.28 special education cross-subsidy revenue: 18.29 $ 7,898,000 ..... 2000 18.30 $18,396,000 ..... 2001 18.31 The 2000 appropriation is available until June 30, 2001. 18.32 [EFFECTIVE DATE.] This section is effective the day 18.33 following final enactment. 18.34 Sec. 26. [DECLINING PUPIL UNIT AID; YELLOW MEDICINE EAST.] 18.35 Subdivision 1. [FISCAL YEAR 2002.] For fiscal year 2002, 18.36 independent school district No. 2190, Yellow Medicine East, is 19.1 eligible for tornado impact declining enrollment aid equal to 19.2 $156,000. 19.3 Subd. 2. [FISCAL YEAR 2003.] For fiscal year 2003, 19.4 independent school district No. 2190, Yellow Medicine East, is 19.5 eligible for tornado impact declining enrollment aid equal to 75 19.6 percent of the fiscal year 2002 appropriation in subdivision 1. 19.7 Subd. 3. [FISCAL YEAR 2004.] For fiscal year 2004, 19.8 independent school district No. 2190, Yellow Medicine East, is 19.9 eligible for tornado impact declining enrollment aid equal to 50 19.10 percent of the fiscal year 2002 appropriation in subdivision 1. 19.11 Subd. 4. [FISCAL YEAR 2005.] For fiscal year 2005, 19.12 independent school district No. 2190, Yellow Medicine East, is 19.13 eligible for tornado impact declining enrollment aid equal to 25 19.14 percent of the fiscal year 2002 appropriation in subdivision 1. 19.15 Sec. 27. [APPROPRIATIONS.] 19.16 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 19.17 LEARNING.] The sums indicated in this section are appropriated 19.18 from the general fund to the department of children, families, 19.19 and learning for the fiscal years designated. 19.20 Subd. 2. [GENERAL AND SUPPLEMENTAL EDUCATION AID.] For 19.21 general and supplemental education aid: 19.22 $.,...,...,... ..... 2002 19.23 $.,...,...,... ..... 2003 19.24 The 2002 appropriation includes $318,932,000 for 2001 and 19.25 $.,...,...,... for 2002. 19.26 The 2003 appropriation includes $...,...,... for 2002 and 19.27 $.,...,...,... for 2003. 19.28 Subd. 3. [TRANSPORTATION AID FOR ENROLLMENT OPTIONS.] For 19.29 transportation of pupils attending post-secondary institutions 19.30 according to Minnesota Statutes, section 124D.09, or for 19.31 transportation of pupils attending nonresident districts 19.32 according to Minnesota Statutes, section 124D.03: 19.33 $70,000 ..... 2002 19.34 $80,000 ..... 2003 19.35 Any balance in the first year does not cancel but is 19.36 available in the second year. 20.1 Subd. 4. [ABATEMENT AID.] For abatement aid according to 20.2 Minnesota Statutes, section 127A.49: 20.3 $7,098,000 ..... 2002 20.4 $7,692,000 ..... 2003 20.5 The 2002 appropriation includes $640,000 for 2001 and 20.6 $6,458,000 for 2002. 20.7 The 2003 appropriation includes $717,000 for 2002 and 20.8 $6,975,000 for 2003. 20.9 Subd. 5. [NONPUBLIC PUPIL AID.] For nonpublic pupil 20.10 education aid according to Minnesota Statutes, sections 123.79 20.11 and 123B.40 to 123B.43: 20.12 $..,...,... ..... 2002 20.13 $..,...,... ..... 2003 20.14 The 2002 appropriation includes $1,330,000 for 2001 and 20.15 $..,...,... for 2002. 20.16 The 2003 appropriation includes $.,...,... for 2002 and 20.17 $..,...,... for 2003. 20.18 Subd. 6. [NONPUBLIC PUPIL TRANSPORTATION.] For nonpublic 20.19 pupil transportation aid under Minnesota Statutes, section 20.20 123B.92, subdivision 9: 20.21 $..,...,... ..... 2002 20.22 $..,...,... ..... 2003 20.23 The 2002 appropriation includes $2,000,000 for 2001 and 20.24 $..,...,... for 2002. 20.25 The 2003 appropriation includes $.,...,... for 2002 and 20.26 $..,...,... for 2003. 20.27 Subd. 7. [CONSOLIDATION TRANSITION AID.] For districts 20.28 consolidating under Minnesota Statutes, section 123A.485: 20.29 $675,000 ..... 2002 20.30 $669,000 ..... 2003 20.31 The 2002 appropriation includes $44,000 for 2001 and 20.32 $631,000 for 2002. 20.33 The 2003 appropriation includes $70,000 for 2002 and 20.34 $599,000 for 2003. 20.35 Any balance in the first year does not cancel but is 20.36 available in the second year. 21.1 Subd. 8. [TORNADO IMPACT; YELLOW MEDICINE EAST.] For a 21.2 grant to independent school district No. 2190, Yellow Medicine 21.3 East, for tornado impact declining enrollment aid: 21.4 $156,000 ..... 2002 21.5 $117,000 ..... 2003 21.6 Subd. 9. [DECLINING PUPIL AID; ST. PETER.] For a grant to 21.7 independent school district No. 508, St. Peter, to ameliorate 21.8 general fund operating losses associated with the March 1998 21.9 tornado: 21.10 $461,000 ..... 2002 21.11 ARTICLE 2 21.12 EDUCATION EXCELLENCE 21.13 Section 1. Minnesota Statutes 2000, section 121A.582, is 21.14 amended to read: 21.15 121A.582 [STUDENT DISCIPLINE; REASONABLE FORCE.] 21.16 Subdivision 1. [REASONABLE FORCE STANDARD.] (a) A 21.17 teacher or school principal, in exercising the person's lawful 21.18 authority, may use reasonable force when it is necessary under 21.19 the circumstances to correct or restrain a student or prevent 21.20 bodily harm or death to another. 21.21 (b) A school employee, school bus driver, or other agent of 21.22 a district, in exercising the person's lawful authority, may use 21.23 reasonable force when it is necessary under the circumstances to 21.24 restrain a student or prevent bodily harm or death to another. 21.25 (c) Paragraphs (a) and (b) do not authorize conduct 21.26 prohibited under sections 121A.58 and 121A.67. 21.27 Subd. 2. [CIVIL LIABILITY.] (a) A teacher or school 21.28 principal who, in the exercise of the person's lawful authority, 21.29 uses reasonable force under the standard in subdivision 1, 21.30 paragraph (a), has a defense against a civil action for damages 21.31 under section 123B.25. 21.32 (b) A school employee, bus driver, or other agent of a 21.33 district who, in the exercise of the person's lawful authority, 21.34 uses reasonable force under the standard in subdivision 1, 21.35 paragraph (b), has a defense against a civil action for damages 21.36 under section 123B.25. 22.1 Subd. 3. [CRIMINAL PROSECUTION.] (a) A teacher or school 22.2 principal who, in the exercise of the person's lawful authority, 22.3 uses reasonable force under the standard in subdivision 1, 22.4 paragraph (a), has a defense against a criminal prosecution 22.5 under section 609.06, subdivision 1. 22.6 (b) A school employee, bus driver, or other agent of a 22.7 district who, in the exercise of the person's lawful authority, 22.8 uses reasonable force under the standard in subdivision 1, 22.9 paragraph (b), has a defense against a criminal prosecution 22.10 under section 609.06, subdivision 1. 22.11 Subd. 4. [SUPPLEMENTARY RIGHTS AND DEFENSES.] Any right or 22.12 defense in this section is supplementary to those specified in 22.13 section 121A.58, 121A.67, 123B.25, or 609.06, subdivision 1. 22.14 [EFFECTIVE DATE.] This section is effective the day 22.15 following final enactment. 22.16 Sec. 2. Minnesota Statutes 2000, section 122A.18, is 22.17 amended by adding a subdivision to read: 22.18 Subd. 2b. [READING SPECIALIST.] Not later than July 1, 22.19 2002, the board of teaching must adopt rules providing for the 22.20 licensure of reading teachers. 22.21 Sec. 3. Minnesota Statutes 2000, section 122A.25, is 22.22 amended by adding a subdivision to read: 22.23 Subd. 4. [BACKGROUND CHECK.] A school district or charter 22.24 school shall provide the board of teaching with confirmation 22.25 that criminal background checks have been completed for all 22.26 nonlicensed community experts employed by the district or 22.27 charter school and approved by the board of teaching under this 22.28 section. 22.29 Sec. 4. [122A.76] [BEST PRACTICES.] 22.30 "Best practices" means research-based proven practices. 22.31 Sec. 5. Minnesota Statutes 2000, section 123B.03, 22.32 subdivision 3, is amended to read: 22.33 Subd. 3. [DEFINITIONS.] For purposes of this section: 22.34 (a) "School" means a school as defined in section 120A.22, 22.35 subdivision 4, except a home-school, and includes a school 22.36 receiving tribal contract or grant school aid under section 23.1 124D.83; school, for the purposes of this section, also means a 23.2 service cooperative, a special education cooperative, or an 23.3 education district under Minnesota Statutes 1997 Supplement, 23.4 section 123.35, a charter school under section 124D.10, and a 23.5 joint powers district under section 471.59. 23.6 (b) "School hiring authority" means the school principal or 23.7 other person having general control and supervision of the 23.8 school. 23.9 Sec. 6. Minnesota Statutes 2000, section 124D.03, 23.10 subdivision 4, is amended to read: 23.11 Subd. 4. [DESEGREGATION DISTRICT TRANSFERS.] (a) This 23.12 subdivision applies to a transfer into or out of a district that 23.13 has a desegregation plan approved by the commissioner of 23.14 children, families, and learning. 23.15 (b) An application to transfer may be submitted at any time 23.16 for enrollment beginning at any time. 23.17 (c)The parent or guardian of a pupil who is a resident of23.18a district that has a desegregation plan must submit an23.19application to the resident district. If the district accepts23.20the application, it must forward the application to the23.21nonresident district.23.22(d) The parent or guardian of a pupil who applies for23.23enrollment in a nonresident district that has a desegregation23.24plan must submit an application to the nonresident district.23.25(e) Each district must accept or reject an application it23.26receives and notify the parent or guardian in writing within 3023.27calendar days of receiving the application. A notification of23.28acceptance must include the date enrollment can begin.23.29(f) If an application is rejected, the district must state23.30the reason for rejection in the notification. If a district23.31that has a desegregation plan rejects an application for a23.32reason related to the desegregation plan, the district must23.33state with specificity how acceptance of the application would23.34result in noncompliance with department of children, families,23.35and learning rules with respect to the school or program for23.36which application was made.24.1(g) If an application is accepted, the parent or guardian24.2must notify the nonresident district in writing within 1524.3calendar days of receiving the acceptance whether the pupil24.4intends to enroll in the nonresident district. Notice of24.5intention to enroll obligates the pupil to enroll in the24.6nonresident district, unless the boards of the resident and24.7nonresident districts agree otherwise. If a parent or guardian24.8does not notify the nonresident district, the pupil may not24.9enroll in that nonresident district at that time, unless the24.10boards of the resident and nonresident district agree otherwise.24.11(h) Within 15 calendar days of receiving the notice from24.12the parent or guardian, the nonresident district shall notify24.13the resident district in writing of the pupil's intention to24.14enroll in the nonresident district.24.15(i)A pupil enrolled in a nonresident district underthis24.16subdivisiona desegregation plan approved by the commissioner of 24.17 children, families, and learning is not required to make annual 24.18 or periodic application for enrollment but may remain enrolled 24.19 in the same district. A pupil may transfer to the resident 24.20 district at any time. 24.21 (d) Section 124D.03, subdivision 2, applies to a transfer 24.22 into or out of a district with a desegregation plan. 24.23(j) A pupil enrolled in a nonresident district and applying24.24to transfer into or out of a district that has a desegregation24.25plan must follow the procedures of this subdivision. For the24.26purposes of this type of transfer, "resident district" means the24.27nonresident district in which the pupil is enrolled at the time24.28of application.24.29(k) A district that has a desegregation plan approved by24.30the commissioner must accept or reject each individual24.31application in a manner that will enable compliance with its24.32desegregation plan.24.33 Sec. 7. Minnesota Statutes 2000, section 124D.59, 24.34 subdivision 2, is amended to read: 24.35 Subd. 2. [PUPIL OF LIMITED ENGLISH PROFICIENCY.] "Pupil of 24.36 limited English proficiency" means a pupilin any of the grades25.1of kindergarten through 12who meets the following requirements: 25.2 (1) the pupil in kindergarten through grade 12, as declared 25.3 by a parent or guardian first learned a language other than 25.4 English, comes from a home where the language usually spoken is 25.5 other than English, or usually speaks a language other than 25.6 English; and 25.7 (2)the pupil's score is significantly below the average25.8district score for pupils of the same age on a nationally normed25.9English reading or English language arts achievement test. A25.10pupil's score shall be considered significantly below the25.11average district score for pupils of the same age if it is25.12one-third of a standard deviation below that average scorefor a 25.13 pupil in kindergarten through grade 2, the pupil is determined 25.14 by developmentally appropriate measures, which might include 25.15 observations, teacher judgment, parent recommendations, or 25.16 developmentally appropriate assessment instruments, to lack the 25.17 necessary English skills to participate fully in classes taught 25.18 in English; or 25.19 (3) the pupil in grades 3 through 12 scores below the state 25.20 cutoff score on an assessment measuring emerging academic 25.21 English provided by the commissioner. 25.22 [EFFECTIVE DATE.] This section is effective for the 25.23 2002-2003 school year and later. 25.24 Sec. 8. Minnesota Statutes 2000, section 124D.74, 25.25 subdivision 2, is amended to read: 25.26 Subd. 2. [VOLUNTARY ENROLLMENT.] Enrollment in American 25.27 Indianlanguage and cultureeducation programs must be 25.28 voluntary. School districts and participating schools must make 25.29 affirmative efforts to encourage participation. They shall 25.30 encourage parents to visit classes or come to school for a 25.31 conference explaining the nature of the program and provide 25.32 visits by school staff to parents' homes to explain the nature 25.33 of the program. 25.34 Sec. 9. Minnesota Statutes 2000, section 124D.74, 25.35 subdivision 3, is amended to read: 25.36 Subd. 3. [ENROLLMENT OF OTHER CHILDREN; SHARED TIME 26.1 ENROLLMENT.] To the extent it is economically feasible, a 26.2 district or participating school may make provision for the 26.3 voluntary enrollment of non-American Indian children in the 26.4 instructional components of an American Indianlanguage and26.5cultureeducation program in order that they may acquire an 26.6 understanding of the cultural heritage of the American Indian 26.7 children for whom that particular program is designed. However, 26.8 in determining eligibility to participate in a program, priority 26.9 must be given to American Indian children. American Indian 26.10 children and other children enrolled in an existing nonpublic 26.11 school system may be enrolled on a shared time basis in American 26.12 Indianlanguage and cultureeducation programs. 26.13 Sec. 10. Minnesota Statutes 2000, section 124D.74, 26.14 subdivision 4, is amended to read: 26.15 Subd. 4. [LOCATION OF PROGRAMS.] American Indianlanguage26.16and cultureeducation programs must be located in facilities in 26.17 which regular classes in a variety of subjects are offered on a 26.18 daily basis. Programs may operate on an extended day or 26.19 extended year basis. 26.20 Sec. 11. Minnesota Statutes 2000, section 124D.74, 26.21 subdivision 6, is amended to read: 26.22 Subd. 6. [NONVERBAL COURSES AND EXTRACURRICULAR 26.23 ACTIVITIES.] In predominantly nonverbal subjects, such as art, 26.24 music, and physical education, American Indian children shall 26.25 participate fully and on an equal basis with their 26.26 contemporaries in school classes provided for these subjects. 26.27 Every school district or participating school shall ensure to 26.28 children enrolled in American Indianlanguage and culture26.29 education programs an equal and meaningful opportunity to 26.30 participate fully with other children in all extracurricular 26.31 activities. This subdivision shall not be construed to prohibit 26.32 instruction in nonverbal subjects or extracurricular activities 26.33 which relate to the cultural heritage of the American Indian 26.34 children, or which are otherwise necessary to accomplish the 26.35 objectives described in sections 124D.71 to 124D.82. 26.36 Sec. 12. Minnesota Statutes 2000, section 124D.75, 27.1 subdivision 6, is amended to read: 27.2 Subd. 6. [PERSONS ELIGIBLE FOR EMPLOYMENT; EXEMPTIONS.] 27.3 Any person licensed under this section shall be eligible for 27.4 employment by a school board or a participating school as a 27.5 teacher in an American Indianlanguage and cultureeducation 27.6 program in which the American Indian language or culture in 27.7 which the person is licensed is taught. A school district or 27.8 participating school may prescribe only those additional 27.9 qualifications for teachers licensed under this section as are 27.10 approved by the board of teaching. Any school board or 27.11 participating school upon request may be exempted from the 27.12 licensure requirements of this section in the hiring of one or 27.13 more American Indian language and culture education teachers for 27.14 any school year in which compliance would, in the opinion of the 27.15 commissioner, create a hardship in the securing of the teachers. 27.16 Sec. 13. Minnesota Statutes 2000, section 124D.76, is 27.17 amended to read: 27.18 124D.76 [TEACHERS AIDES; COMMUNITY COORDINATORS.] 27.19 In addition to employing American Indian language and 27.20 culture education teachers, each district or participating 27.21 school providing programs pursuant to sections 124D.71 to 27.22 124D.82 may employ teachers' aides. Teachers' aides must not be 27.23 employed for the purpose of supplanting American Indian language 27.24 and culture education teachers. 27.25 Any district or participating school which conducts 27.26 American Indianlanguage and cultureeducation programs pursuant 27.27 to sections 124D.71 to 124D.82 must employ one or more full-time 27.28 or part-time community coordinators if there are 100 or more 27.29 students enrolled in the program. Community coordinators shall 27.30 promote communication understanding, and cooperation between the 27.31 schools and the community and shall visit the homes of children 27.32 who are to be enrolled in an American Indianlanguage and27.33cultureeducation program in order to convey information about 27.34 the program. 27.35 Sec. 14. Minnesota Statutes 2000, section 124D.78, 27.36 subdivision 1, is amended to read: 28.1 Subdivision 1. [PARENT COMMITTEE.] School boards and 28.2 American Indian schools must provide for the maximum involvement 28.3 of parents of children enrolled in education programs,including28.4language and culture education programs,programs for elementary 28.5 and secondary grades, special education programs, and support 28.6 services. Accordingly, the board of a school district in which 28.7 there are ten or more American Indian children enrolled and each 28.8 American Indian school must establish a parent committee. If a 28.9 committee whose membership consists of a majority of parents of 28.10 American Indian children has been or is established according to 28.11 federal, tribal, or other state law, that committee may serve as 28.12 the committee required by this section and is subject to, at 28.13 least, the requirements of this subdivision and subdivision 2. 28.14 The parent committee must develop its recommendations in 28.15 consultation with the curriculum advisory committee required by 28.16 section 120B.11, subdivision 3. This committee must afford 28.17 parents the necessary information and the opportunity 28.18 effectively to express their views concerning all aspects of 28.19 American Indian education and the educational needs of the 28.20 American Indian children enrolled in the school or program. The 28.21 committee must also address the need for adult education 28.22 programs for American Indian people in the community. The board 28.23 or American Indian school must ensure that programs are planned, 28.24 operated, and evaluated with the involvement of and in 28.25 consultation with parents of children served by the programs. 28.26 Sec. 15. Minnesota Statutes 2000, section 124D.81, 28.27 subdivision 1, is amended to read: 28.28 Subdivision 1. [GRANTS; PROCEDURES.] Each fiscal year the 28.29 commissioner of children, families, and learning must make 28.30 grants to no fewer than six American Indianlanguage and culture28.31 education programs. At least three programs must be in urban 28.32 areas and at least three must be on or near reservations. The 28.33 board of a local district, a participating school or a group of 28.34 boards may develop a proposal for grants in support of American 28.35 Indianlanguage and cultureeducation programs. Proposals may 28.36 provide for contracts for the provision of program components by 29.1 nonsectarian nonpublic, community, tribal, or alternative 29.2 schools. The commissioner shall prescribe the form and manner 29.3 of application for grants, and no grant shall be made for a 29.4 proposal not complying with the requirements of sections 124D.71 29.5 to 124D.82. The commissioner must submit all proposals to the 29.6 state advisorytask forcecommittee on American Indianlanguage29.7and cultureeducation programs for its recommendations 29.8 concerning approval, modification, or disapproval and the 29.9 amounts of grants to approved programs. 29.10 Sec. 16. Minnesota Statutes 2000, section 124D.81, 29.11 subdivision 3, is amended to read: 29.12 Subd. 3. [ADDITIONAL REQUIREMENTS.] Each district 29.13 receiving a grant under this section must each year conduct a 29.14 count of American Indian children in the schools of the 29.15 district; test for achievement; identify the extent of other 29.16 educational needs of the children to be enrolled in the American 29.17 Indianlanguage and cultureeducation program; and classify the 29.18 American Indian children by grade, level of educational 29.19 attainment, age and achievement. Participating schools must 29.20 maintain records concerning the needs and achievements of 29.21 American Indian children served. 29.22 Sec. 17. Minnesota Statutes 2000, section 124D.81, 29.23 subdivision 5, is amended to read: 29.24 Subd. 5. [RECORDS.] Participating schools and districts 29.25 must keep records and afford access to them as the commissioner 29.26 finds necessary to ensure that American Indianlanguage and29.27cultureeducation programs are implemented in conformity with 29.28 sections 124D.71 to 124D.82. Each school district or 29.29 participating school must keep accurate, detailed, and separate 29.30 revenue and expenditure accounts for pilot American Indian 29.31language and cultureeducation programs funded under this 29.32 section. 29.33 Sec. 18. Minnesota Statutes 2000, section 124D.81, 29.34 subdivision 6, is amended to read: 29.35 Subd. 6. [MONEY FROM OTHER SOURCES.] A district or 29.36 participating school providing American Indianlanguage and30.1cultureeducation programs shall be eligible to receive moneys 30.2 for these programs from other government agencies and from 30.3 private sources when the moneys are available. 30.4 Sec. 19. Minnesota Statutes 2000, section 124D.81, 30.5 subdivision 7, is amended to read: 30.6 Subd. 7. [EXCEPTIONS.] Nothing in sections 124D.71 to 30.7 124D.82 shall be construed as prohibiting a district or school 30.8 from implementing an American Indianlanguage and culture30.9 education program which is not in compliance with sections 30.10 124D.71 to 124D.82 if the proposal and plan for that program is 30.11 not funded pursuant to this section. 30.12 Sec. 20. Minnesota Statutes 2000, section 124D.84, 30.13 subdivision 1, is amended to read: 30.14 Subdivision 1. [AWARDS.] The commissioner, with the advice 30.15 and counsel of the Minnesota Indianscholarshipeducation 30.16 committee, may award scholarships to any Minnesota resident 30.17 student who is of one-fourth or more Indian ancestry, who has 30.18 applied for other existing state and federal scholarship and 30.19 grant programs, and who, in the opinion of the commissioner, has 30.20 the capabilities to benefit from further education. 30.21 Scholarships must be for accredited degree programs in 30.22 accredited Minnesota colleges or universities or for courses in 30.23 accredited Minnesota business, technical, or vocational 30.24 schools. Scholarships may also be given to students attending 30.25 Minnesota colleges that are in candidacy status for obtaining 30.26 full accreditation, and are eligible for and receiving federal 30.27 financial aid programs. Students are also eligible for 30.28 scholarships when enrolled as students in Minnesota higher 30.29 education institutions that have joint programs with other 30.30 accredited higher education institutions. Scholarships shall be 30.31 used to defray the total cost of education including tuition, 30.32 incidental fees, books, supplies, transportation, other related 30.33 school costs and the cost of board and room and shall be paid 30.34 directly to the college or school concerned where the student 30.35 receives federal financial aid. The total cost of education 30.36 includes all tuition and fees for each student enrolling in a 31.1 public institution and the portion of tuition and fees for each 31.2 student enrolling in a private institution that does not exceed 31.3 the tuition and fees at a comparable public institution. Each 31.4 student shall be awarded a scholarship based on the total cost 31.5 of the student's education and a federal standardized need 31.6 analysis. Applicants are encouraged to apply for all other 31.7 sources of financial aid. The amount and type of each 31.8 scholarship shall be determined through the advice and counsel 31.9 of the Minnesota Indianscholarshipeducation committee. 31.10 When an Indian student satisfactorily completes the work 31.11 required by a certain college or school in a school year the 31.12 student is eligible for additional scholarships, if additional 31.13 training is necessary to reach the student's educational and 31.14 vocational objective. Scholarships may not be given to any 31.15 Indian student for more than five years of study without special 31.16approvalrecommendation of the Minnesota Indianscholarship31.17 education committee. 31.18 Sec. 21. Minnesota Statutes 2000, section 124D.892, 31.19 subdivision 1, is amended to read: 31.20 Subdivision 1. [ESTABLISHMENT.] (a) An office of 31.21 desegregation/integration is established in the department of 31.22 children, families, and learning to coordinate and support 31.23 activities related to student enrollment, student and staff 31.24 recruitment and retention, transportation, and interdistrict 31.25 cooperation amongmetropolitanschool districts. 31.26 (b) At the request of ametropolitanschool district 31.27 involved in cooperative desegregation/integration efforts, the 31.28 office shall perform any of the following activities: 31.29 (1) assist districts with interdistrict student transfers, 31.30 including student recruitment, counseling, placement, and 31.31 transportation; 31.32 (2) coordinate and disseminate information about schools 31.33 and programs; 31.34 (3) assist districts with new magnet schools and programs; 31.35 (4) assist districts in providing staff development and 31.36 in-service training; and 32.1 (5) coordinate and administer staff exchanges. 32.2 (c) The office shall collect data on the efficacy of 32.3 districts' desegregation/integration efforts and make 32.4 recommendations based on the data. The office shall 32.5 periodically consult with the metropolitan council to coordinate 32.6 metropolitan school desegregation/integration efforts with the 32.7 housing, social, economic, and infrastructure needs of the 32.8 metropolitan area. The office shall develop a process for 32.9 resolving students' disputes and grievances about student 32.10 transfers under a desegregation/integration plan. 32.11 Sec. 22. Minnesota Statutes 2000, section 124D.892, 32.12 subdivision 3, as amended by Laws 2001, chapter 7, section 32, 32.13 is amended to read: 32.14 Subd. 3. [ADVISORY BOARD.] The commissioner shall 32.15 establish an advisory board composed of: 32.16 (1) nine superintendents, eight of whom are selected by the 32.17 superintendents of the school districts located in whole or in 32.18 part within each of the eight metropolitan districts established 32.19 under section 473.123, subdivision 3c, and one who is from a 32.20 district outside the seven-county metropolitan area that is 32.21 considered racially isolated or that has a racially isolated 32.22 school site according to Minnesota Rules, part 3535.0110; 32.23 (2) one person each selected by the Indian affairs council, 32.24 the council on Asian-Pacific Minnesotans, the council on Black 32.25 Minnesotans, and the council on affairs of Chicano/Latino 32.26 people; and 32.27 (3) the superintendent of independent school district No. 32.28 709, Duluth. 32.29 The advisory board shall advise the office on complying 32.30 with the requirements under subdivision 1. The advisory board 32.31 may solicit comments from teachers, parents, students, and 32.32 interested community organizations and others. 32.33 The advisory board shall expire June 30, 2003. 32.34 Sec. 23. Minnesota Statutes 2000, section 129C.10, 32.35 subdivision 3, is amended to read: 32.36 Subd. 3. [POWERS AND DUTIES OF BOARD.] (a) The board has 33.1 the powers necessary for the care, management, and control of 33.2 the Perpich center for arts education and all its real and 33.3 personal property. The powers shall include, but are not 33.4 limited to, those listed in this subdivision. 33.5 (b) The board may employ and discharge necessary employees, 33.6 and contract for other services to ensure the efficient 33.7 operation of the center for arts education. 33.8 (c) The board may receive and award grants. The board may 33.9 establish a charitable foundation and accept, in trust or 33.10 otherwise, any gift, grant, bequest, or devise for educational 33.11 purposes and hold, manage, invest, and dispose of them and the 33.12 proceeds and income of them according to the terms and 33.13 conditions of the gift, grant, bequest, or devise and its 33.14 acceptance. The board must adopt internal procedures to 33.15 administer and monitor aids and grants. 33.16 (d) The board may establish or coordinate evening, 33.17 continuing education, extension, and summer programs for 33.18 teachers and pupils. 33.19 (e) The board may identify pupils who have artistic talent, 33.20 either demonstrated or potential, in dance, literary arts, media 33.21 arts, music, theater, and visual arts, or in more than one art 33.22 form. 33.23 (f) The board must educate pupils with artistic talent by 33.24 providing: 33.25 (1) an interdisciplinary academic and arts program for 33.26 pupils in the 11th and 12th grades. The total number of pupils 33.27 accepted under this clause and clause (2) shall not exceed30033.28 310; 33.29 (2) additional instruction to pupils for a 13th grade. 33.30 Pupils eligible for this instruction are those enrolled in 12th 33.31 grade who need extra instruction and who apply to the board, or 33.32 pupils enrolled in the 12th grade who do not meet learner 33.33 outcomes established by the board; 33.34 (3) intensive arts seminars for one or two weeks for pupils 33.35 in grades 9 to 12; 33.36 (4) summer arts institutes for pupils in grades 9 to 12; 34.1 (5) artist mentor and extension programs in regional sites; 34.2 and 34.3 (6) teacher education programs for indirect curriculum 34.4 delivery. 34.5 (g) The board may determine the location for the Perpich 34.6 center for arts education and any additional facilities related 34.7 to the center, including the authority to lease a temporary 34.8 facility. 34.9 (h) The board must plan for the enrollment of pupils on an 34.10 equal basis from each congressional district. 34.11 (i) The board may establish task forces as needed to advise 34.12 the board on policies and issues. The task forces expire as 34.13 provided in section 15.059, subdivision 6. 34.14 (j) The board may request the commissioner of children, 34.15 families, and learning for assistance and services. 34.16 (k) The board may enter into contracts with other public 34.17 and private agencies and institutions for residential and 34.18 building maintenance services if it determines that these 34.19 services could be provided more efficiently and less expensively 34.20 by a contractor than by the board itself. The board may also 34.21 enter into contracts with public or private agencies and 34.22 institutions, school districts or combinations of school 34.23 districts, or service cooperatives to provide supplemental 34.24 educational instruction and services. 34.25 (l) The board may provide or contract for services and 34.26 programs by and for the center for arts education, including a 34.27 store, operating in connection with the center; theatrical 34.28 events; and other programs and services that, in the 34.29 determination of the board, serve the purposes of the center. 34.30 (m) The board may provide for transportation of pupils to 34.31 and from the center for arts education for all or part of the 34.32 school year, as the board considers advisable and subject to its 34.33 rules. Notwithstanding any other law to the contrary, the board 34.34 may charge a reasonable fee for transportation of pupils. Every 34.35 driver providing transportation of pupils under this paragraph 34.36 must possess all qualifications required by the commissioner of 35.1 children, families, and learning. The board may contract for 35.2 furnishing authorized transportation under rules established by 35.3 the commissioner of children, families, and learning and may 35.4 purchase and furnish gasoline to a contract carrier for use in 35.5 the performance of a contract with the board for transportation 35.6 of pupils to and from the center for arts education. When 35.7 transportation is provided, scheduling of routes, establishment 35.8 of the location of bus stops, the manner and method of 35.9 transportation, the control and discipline of pupils, and any 35.10 other related matter is within the sole discretion, control, and 35.11 management of the board. 35.12 (n) The board may provide room and board for its pupils. 35.13 If the board provides room and board, it shall charge a 35.14 reasonable fee for the room and board. The fee is not subject 35.15 to chapter 14 and is not a prohibited fee according to sections 35.16 123B.34 to 123B.39. 35.17 (o) The board may establish and set fees for services and 35.18 programs. If the board sets fees not authorized or prohibited 35.19 by the Minnesota public school fee law, it may do so without 35.20 complying with the requirements of section 123B.38. 35.21 (p) The board may apply for all competitive grants 35.22 administered by agencies of the state and other government or 35.23 nongovernment sources. 35.24 [EFFECTIVE DATE.] This section is effective for the 35.25 2001-2002 school year and later. 35.26 Sec. 24. [PARTICIPATION IN ATHLETIC ACTIVITIES; MINNESOTA 35.27 STATE HIGH SCHOOL LEAGUE STUDY.] 35.28 The Minnesota state high school league must prepare a 35.29 written report by February 15, 2002, for the legislative 35.30 committees charged with overseeing kindergarten through grade 12 35.31 education policy that indicates the interest of charter school 35.32 students in participating in athletic activities available in 35.33 the students' resident district. The Minnesota state high 35.34 school league at least must: 35.35 (1) survey the students enrolled in the state's charter 35.36 schools to determine how interested the students are in 36.1 participating in various athletic activities offered by their 36.2 resident school district; 36.3 (2) review the ability of charter schools to independently 36.4 or through a cooperative sponsorship provide students with 36.5 various athletic activities; and 36.6 (3) determine whether the league's cooperative sponsorship 36.7 rules need to be amended to facilitate cooperative sponsorship 36.8 arrangements involving charter schools. The Minnesota state 36.9 high school league must cover the costs of this report. 36.10 [EFFECTIVE DATE.] This section is effective the day 36.11 following final enactment. 36.12 Sec. 25. [APPROPRIATIONS.] 36.13 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 36.14 LEARNING.] The sums indicated in this section are appropriated 36.15 from the general fund to the department of children, families, 36.16 and learning for the fiscal years indicated. 36.17 Subd. 2. [ADVANCED PLACEMENT AND INTERNATIONAL 36.18 BACCALAUREATE PROGRAMS.] For the state advanced placement and 36.19 international baccalaureate programs: 36.20 $......... ..... 2002 36.21 $......... ..... 2003 36.22 Subd. 3. [STATEWIDE TESTING.] For administering tests 36.23 under Minnesota Statutes, sections 120B.02; 120B.30, subdivision 36.24 1; and 120B.35: 36.25 $6,500,000 ..... 2002 36.26 $6,500,000 ..... 2003 36.27 Any balance in the first year does not cancel but is 36.28 available in the second year. 36.29 Subd. 4. [CHARTER SCHOOL BUILDING LEASE AID.] For building 36.30 lease aid under Minnesota Statutes, section 124D.11, subdivision 36.31 4: 36.32 $.......... ..... 2002 36.33 $.......... ..... 2003 36.34 The 2002 appropriation includes $1,114,000 for 2001 and 36.35 $.......... for 2002. 36.36 The 2003 appropriation includes $......... for 2002 and 37.1 $.......... for 2003. 37.2 Subd. 5. [CHARTER SCHOOL STARTUP GRANTS.] For charter 37.3 school startup cost aid under Minnesota Statutes, section 37.4 124D.11: 37.5 $2,738,000 ..... 2002 37.6 $3,143,000 ..... 2003 37.7 The 2002 appropriation includes $273,000 for 2001 and 37.8 $2,465,000 for 2002. 37.9 The 2003 appropriation includes $274,000 for 2002 and 37.10 $2,869,000 for 2003. 37.11 Subd. 6. [CHARTER SCHOOL INTEGRATION AID.] For grants to 37.12 charter schools to promote integration and desegregation under 37.13 Minnesota Statutes, section 124D.11, subdivision 6, paragraph 37.14 (e): 37.15 $50,000 ..... 2002 37.16 $50,000 ..... 2003 37.17 Any balance in the first year does not cancel but is 37.18 available in the second year. 37.19 Subd. 7. [BEST PRACTICES GRANTS.] For best practices 37.20 grants: 37.21 $......... ..... 2002 37.22 $......... ..... 2003 37.23 Subd. 8. [INTEGRATION AID.] For integration aid: 37.24 $.......... ..... 2002 37.25 $.......... ..... 2003 37.26 The 2002 appropriation includes $5,729,000 for 2001 and 37.27 $.......... for 2002. 37.28 The 2003 appropriation includes $......... for 2002 and 37.29 $.......... for 2003. 37.30 Subd. 9. [INTEGRATION PROGRAMS.] For minority fellowship 37.31 grants under Laws 1994, chapter 647, article 8, section 29; 37.32 minority teacher incentives under Minnesota Statutes, section 37.33 122A.65; teachers of color program grants under Minnesota 37.34 Statutes, section 122A.64; and cultural exchange grants under 37.35 Minnesota Statutes, section 124D.89: 37.36 $1,000,000 ..... 2002 38.1 $1,000,000 ..... 2003 38.2 In awarding teachers of color program grants, the 38.3 commissioner must give priority to districts with students who 38.4 are currently completing their academic program. 38.5 Any balance in the first year does not cancel but is 38.6 available in the second year. 38.7 Subd. 10. [MAGNET SCHOOL GRANTS.] For magnet school and 38.8 program grants under Minnesota Statutes, section 124D.871: 38.9 $......... ..... 2002 38.10 $......... ..... 2003 38.11 Subd. 11. [MAGNET SCHOOL STARTUP AID.] For magnet school 38.12 startup aid under Minnesota Statutes, section 124D.88: 38.13 $482,000 ..... 2002 38.14 $326,000 ..... 2003 38.15 The 2002 appropriation includes $25,000 for 2001 and 38.16 $457,000 for 2002. 38.17 The 2003 appropriation includes $51,000 for 2002 and 38.18 $275,000 for 2003. 38.19 Subd. 12. [INTERDISTRICT DESEGREGATION OR INTEGRATION 38.20 TRANSPORTATION GRANTS.] For interdistrict desegregation or 38.21 integration transportation grants under Minnesota Statutes, 38.22 section 124D.87: 38.23 $2,932,000 ..... 2003 38.24 Subd. 13. [AMERICAN INDIAN LANGUAGE AND CULTURE PROGRAMS.] 38.25 For grants to American Indian language and culture education 38.26 programs under Minnesota Statutes 2000, section 124D.81, 38.27 subdivision 1: 38.28 $73,000 ..... 2002 38.29 The 2002 appropriation includes $73,000 for 2001 and $0 for 38.30 2002. 38.31 Subd. 14. [AMERICAN INDIAN EDUCATION.] For certain 38.32 American Indian education programs in school districts: 38.33 $17,000 ..... 2002 38.34 The 2002 appropriation includes $17,000 for 2001 and $0 for 38.35 2002. 38.36 Subd. 15. [SUCCESS FOR THE FUTURE.] For American Indian 39.1 success for the future grants under Minnesota Statutes, section 39.2 124D.81: 39.3 $......... ..... 2002 39.4 $......... ..... 2003 39.5 The 2002 appropriation includes $0 for 2001 and $......... 39.6 for 2002. 39.7 The 2003 appropriation includes $....... for 2002 and 39.8 $......... for 2003. 39.9 Subd. 16. [AMERICAN INDIAN SCHOLARSHIPS.] For American 39.10 Indian scholarships under Minnesota Statutes, section 124D.84: 39.11 $1,875,000 ..... 2002 39.12 $1,875,000 ..... 2003 39.13 Any balance in the first year does not cancel but is 39.14 available in the second year. 39.15 Subd. 17. [AMERICAN INDIAN TEACHER PREPARATION GRANTS.] (a) 39.16 For joint grants to assist American Indian people to become 39.17 teachers under Minnesota Statutes, section 122A.63: 39.18 $190,000 ..... 2002 39.19 $190,000 ..... 2003 39.20 (b) Up to $70,000 each year is for a joint grant to the 39.21 University of Minnesota at Duluth and the Duluth school district. 39.22 (c) Up to $40,000 each year is for a joint grant to each of 39.23 the following: 39.24 (1) Bemidji state university and the Red Lake school 39.25 district; 39.26 (2) Moorhead state university and a school district located 39.27 within the White Earth reservation; and 39.28 (3) Augsburg college, independent school district No. 625, 39.29 St. Paul, and the Minneapolis school district. 39.30 (d) Money not used for students at one location may be 39.31 transferred for use at another location. 39.32 (e) Any balance in the first year does not cancel but is 39.33 available in the second year. 39.34 Subd. 18. [TRIBAL CONTRACT SCHOOLS.] For tribal contract 39.35 school aid under Minnesota Statutes, section 124D.83: 39.36 $2,520,000 ..... 2002 40.1 $2,767,000 ..... 2003 40.2 The 2002 appropriation includes $192,000 for 2001 and 40.3 $2,328,000 for 2002. 40.4 The 2003 appropriation includes $258,000 for 2002 and 40.5 $2,509,000 for 2003. 40.6 Subd. 19. [EARLY CHILDHOOD PROGRAMS AT TRIBAL 40.7 SCHOOLS.] For early childhood family education programs at 40.8 tribal contract schools: 40.9 $68,000 ..... 2002 40.10 $68,000 ..... 2003 40.11 Subd. 20. [FIRST GRADE PREPAREDNESS.] For first grade 40.12 preparedness grants under Minnesota Statutes, section 124D.081: 40.13 $......... ..... 2002 40.14 $......... ..... 2003 40.15 Subd. 21. [YOUTHWORKS PROGRAM.] For youthworks programs 40.16 under Minnesota Statutes, sections 124D.37 to 124D.45: 40.17 $......... ..... 2002 40.18 $......... ..... 2003 40.19 Subd. 22. [EDUCATION AND EMPLOYMENT TRANSITIONS PROGRAM 40.20 GRANTS.] For education and employment transitions programming 40.21 under Minnesota Statutes, section 124D.46: 40.22 $....... ..... 2002 40.23 $....... ..... 2003 40.24 Any balance in the first year does not cancel but is 40.25 available in the second year. 40.26 Sec. 26. [REPEALER.] 40.27 Minnesota Rules, part 3501.0280, subpart 3, is repealed. 40.28 ARTICLE 3 40.29 SPECIAL PROGRAMS 40.30 Section 1. Minnesota Statutes 2000, section 121A.41, 40.31 subdivision 10, is amended to read: 40.32 Subd. 10. [SUSPENSION.] "Suspension" means an action by 40.33 the school administration, under rules promulgated by the school 40.34 board, prohibiting a pupil from attending school for a period of 40.35 no more than ten school days. If a suspension is longer than 40.36 five days, the suspending administrator must provide the 41.1 superintendent with a reason for the longer suspension. This 41.2 definition does not apply to dismissal from school for one 41.3 school day or less, except as provided in federal law for a 41.4 student with a disability. Each suspension action may include a 41.5 readmission plan. The readmission plan shall include, where 41.6 appropriate, a provision for implementing alternative 41.7 educational services upon readmission and may not be used to 41.8 extend the current suspension. Consistent with section 125A.09, 41.9 subdivision 3, the readmission plan must not obligate a parent 41.10 to provide a sympathomimetic medication for the parent's child 41.11 as a condition of readmission. The school administration may 41.12 not impose consecutive suspensions against the same pupil for 41.13 the same course of conduct, or incident of misconduct, except 41.14 where the pupil will create an immediate and substantial danger 41.15 to self or to surrounding persons or property, or where the 41.16 district is in the process of initiating an expulsion, in which 41.17 case the school administration may extend the suspension to a 41.18 total of 15 days. In the case of a student with a disability, 41.19 the student's individual education plan team must meet 41.20 immediately but not more than ten school days after the date on 41.21 which the decision to remove the student from the student's 41.22 current education placement is made. The individual education 41.23 plan team shall at that meeting: conduct a review of the 41.24 relationship between the child's disability and the behavior 41.25 subject to disciplinary action; and determine the 41.26 appropriateness of the child's education plan. 41.27 The requirements of the individual education plan team 41.28 meeting apply when: 41.29 (1) the parent requests a meeting; 41.30 (2) the student is removed from the student's current 41.31 placement for five or more consecutive days; or 41.32 (3) the student's total days of removal from the student's 41.33 placement during the school year exceed ten cumulative days in a 41.34 school year. The school administration shall implement 41.35 alternative educational services when the suspension exceeds 41.36 five days. A separate administrative conference is required for 42.1 each period of suspension. 42.2 [EFFECTIVE DATE.] This section is effective the day 42.3 following final enactment. 42.4 Sec. 2. Minnesota Statutes 2000, section 122A.31, is 42.5 amended to read: 42.6 122A.31 [AMERICAN SIGN LANGUAGE/ENGLISH INTERPRETERS.] 42.7 Subdivision 1. [REQUIREMENTS FOR AMERICAN SIGN 42.8 LANGUAGE/ENGLISH INTERPRETERS.] (a) In addition to any other 42.9 requirements that a school district establishes, any person 42.10 employed to provide American sign language/English interpreting 42.11 or sign transliterating services on a full-time or part-time 42.12 basis for a school district after July 1, 2000, must: 42.13 (1) hold current interpreter and transliterator 42.14 certificates awarded by the Registry of Interpreters for the 42.15 Deaf (RID), or the general level interpreter proficiency 42.16 certificate awarded by the National Association of the Deaf 42.17 (NAD), or a comparable state certification from the commissioner 42.18 of children, families, and learning; and 42.19 (2) satisfactorily complete an interpreter/transliterator 42.20 training program affiliated with an accredited educational 42.21 institution. 42.22 (b)To provide American sign language/English interpreting42.23or transliterating services on a full-time or part-time basis, a42.24person employed in a school district during the 1999-2000 school42.25year must only comply with paragraph (a), clause (1). The42.26commissioner shall grant a nonrenewable, one-year provisional42.27certificate to individuals who have not attained a current42.28applicable transliterator certificate pursuant to paragraph (a),42.29clause (1). During the one-year provisional period, the42.30interpreter/transliterator must develop and implement an42.31education plan in collaboration with a mentor under paragraph42.32(d). This paragraph shall expire on June 30, 2001.42.33(c)New graduates of an interpreter/transliterator program 42.34 affiliated with an accredited education institution shall be 42.35 granted a two-year provisional certificate by the commissioner. 42.36 During the two-year provisional period, the 43.1 interpreter/transliterator must develop and implement an 43.2 education plan in collaboration with a mentor under paragraph 43.3(d)(c).This paragraph applies to spring semester 200043.4graduates and thereafter.43.5(d)(c) A mentor of a provisionally certified 43.6 interpreter/transliterator must be an interpreter/transliterator 43.7 who has either NAD level IV or V certification or RID certified 43.8 interpreter and certified transliterator certification and have 43.9 at least three years interpreting/transliterating experience in 43.10 any educational setting. The mentor, in collaboration with the 43.11 provisionally certified interpreter/transliterator, shall 43.12 develop and implement an education plan designed to meet the 43.13 requirements of paragraph (a), clause (1), and include a weekly 43.14 on-site mentoring process. 43.15 (d) Consistent with the requirements of this paragraph, a 43.16 person holding a provisional certificate may apply to the 43.17 commissioner for one time-limited extension. The commissioner, 43.18 in consultation with the commission serving deaf and 43.19 hard-of-hearing people, must grant the person a time-limited 43.20 extension of the provisional certificate based on the following 43.21 documentation: 43.22 (1) letters of support from the person's mentor, a parent 43.23 of a pupil the person serves, the special education director of 43.24 the district in which the person is employed, and a 43.25 representative from the regional service center of the deaf and 43.26 hard-of-hearing; 43.27 (2) records of the person's formal education, training, 43.28 experience, and progress on the person's education plan; and 43.29 (3) an explanation of why the extension is needed. 43.30 As a condition of receiving the extension, the person must 43.31 comply with a plan and the accompanying time line for meeting 43.32 the requirements of this subdivision. A committee composed of 43.33 the director of the Minnesota resource center serving deaf and 43.34 hard-of-hearing, or the director's designee, a representative of 43.35 the Minnesota association of deaf citizens, a representative of 43.36 the Minnesota registry of interpreters of the deaf, and other 44.1 appropriate persons selected by the commissioner must develop 44.2 the plan and time line for the person receiving the extension. 44.3 (e) A school district maynotemploy only an 44.4 interpreter/transliterator who hasnotbeen certified under 44.5 paragraph (a),or (b), or(c)for whom a time-limited extension 44.6 has been granted under paragraph (d). 44.7 Subd. 2. [ORAL OR CUED SPEECH TRANSLITERATORS.] (a) In 44.8 addition to any other requirements that a school district 44.9 establishes, any person employed to provide oral transliterating 44.10 or cued speech transliterating services on a full-time or 44.11 part-time basis for a school district after July 1, 2000, must 44.12 hold a current applicable transliterator certificate awarded by 44.13 the national certifying association or comparable state 44.14 certification from the commissioner of children, families, and 44.15 learning. 44.16 (b) To provide oral or cued speech transliterator services 44.17 on a full-time or part-time basis, a person employed in a school 44.18 district must comply with paragraph (a). The commissioner shall 44.19 grant a nonrenewable, two-year certificate to a school district 44.20 on behalf of a person who has not yet attained a current 44.21 applicable transliterator certificate under paragraph (a). A 44.22 person for whom a nonrenewable, two-year certificate is issued 44.23 must work under the direction of a licensed teacher who is 44.24 skilled in language development of individuals who are deaf or 44.25 hard-of-hearing. A person for whom a nonrenewable, two-year 44.26 certificate is issued also must enroll in a state-approved 44.27 training program and demonstrate progress towards the 44.28 certification required under paragraph (a) sufficient for the 44.29 person to be certified at the end of the two-year period. 44.30 (c) Consistent with the requirements of this paragraph, a 44.31 person holding a provisional certificate may apply to the 44.32 commissioner for one time-limited extension. The commissioner, 44.33 in consultation with the commission serving deaf and 44.34 hard-of-hearing people, must grant the person a time-limited 44.35 extension of the provisional certificate based on the following 44.36 documentation: 45.1 (1) letters of support from the person's mentor, a parent 45.2 of a pupil the person serves, the special education director of 45.3 the district in which the person is employed, and a 45.4 representative from the regional service center of the deaf and 45.5 hard-of-hearing; 45.6 (2) records of the person's formal education, training, 45.7 experience, and progress on the person's education plan; and 45.8 (3) an explanation of why the extension is needed. 45.9 As a condition of receiving the extension, the person must 45.10 comply with a plan and the accompanying time line for meeting 45.11 the requirements of this subdivision. A committee composed of 45.12 the director of the Minnesota resource center serving deaf and 45.13 hard-of-hearing, or the director's designee, a representative of 45.14 the Minnesota association of deaf citizens, a representative of 45.15 the Minnesota registry of interpreters of the deaf, and other 45.16 appropriate persons selected by the commissioner must develop 45.17 the plan and time line for the person receiving the extension. 45.18 Subd. 3. [QUALIFIED INTERPRETERS.] The department of 45.19 children, families, and learning and the resource center: deaf 45.20 and hard of hearing shall work with existing 45.21 interpreter/transliterator training programs, other 45.22 training/educational institutions, and the regional service 45.23 centers to ensure that ongoing staff development training for 45.24 educational interpreters/transliterators is provided throughout 45.25 the state. 45.26 Subd. 4. [REIMBURSEMENT.] (a) For purposes of revenue 45.27 under section 125A.78, the department of children, families, and 45.28 learning must only reimburse school districts for the services 45.29 of those interpreters/transliterators who satisfy the standards 45.30 of competency under this section. 45.31 (b) Notwithstanding paragraph (a), a district shall be 45.32 reimbursed for the services of interpreters with a nonrenewable 45.33 provisional certificateand, interpreters/transliterators 45.34 employed to mentor the provisional certified interpreters and 45.35 persons for whom a time-limited extension has been granted under 45.36 subdivision 1, paragraph (d), or subdivision 2, paragraph (c). 46.1 [EFFECTIVE DATE.] This section is effective for the 46.2 2001-2002 school year and later. 46.3 Sec. 3. Minnesota Statutes 2000, section 122A.61, 46.4 subdivision 1, is amended to read: 46.5 Subdivision 1. [STAFF DEVELOPMENT REVENUE.] A district is 46.6 required to reserve an amount equal to at least two percent of 46.7 the basic revenue under section 126C.10, subdivision 2, for 46.8 in-service education for programs under section 120B.22, 46.9 subdivision 2, for staff development plans, including plans for 46.10 challenging instructional activities and experiences under 46.11 section 122A.60, and for curriculum development and programs, 46.12 other in-service education, teachers' workshops, teacher 46.13 conferences, the cost of substitute teachers staff development 46.14 purposes, preservice and in-service education for special 46.15 education professionals and paraprofessionals, and other related 46.16 costs for staff development efforts. A district may annually 46.17 waive the requirement to reserve their basic revenue under this 46.18 section if a majority vote of the licensed teachers in the 46.19 district and a majority vote of the school board agree to a 46.20 resolution to waive the requirement. A district in statutory 46.21 operating debt is exempt from reserving basic revenue according 46.22 to this section. Districts may expend an additional amount of 46.23 unreserved revenue for staff development based on their needs. 46.24 With the exception of amounts reserved for staff development 46.25 from revenues allocated directly to school sites, the board must 46.26 initially allocate 50 percent of the reserved revenue to each 46.27 school site in the district on a per teacher basis, which must 46.28 be retained by the school site until used. The board may retain 46.29 25 percent to be used for district wide staff development 46.30 efforts. The remaining 25 percent of the revenue must be used 46.31 to make grants to school sites for best practices methods. A 46.32 grant may be used for any purpose authorized under section 46.33 120B.22, subdivision 2, 122A.60, or for the costs of curriculum 46.34 development and programs, other in-service education, teachers' 46.35 workshops, teacher conferences, substitute teachers for staff 46.36 development purposes, and other staff development efforts, and 47.1 determined by the site professional development team. The site 47.2 professional development team must demonstrate to the school 47.3 board the extent to which staff at the site have met the 47.4 outcomes of the program. The board may withhold a portion of 47.5 initial allocation of revenue if the staff development outcomes 47.6 are not being met. 47.7 [EFFECTIVE DATE.] This section is effective the day 47.8 following final enactment. 47.9 Sec. 4. Minnesota Statutes 2000, section 124D.65, 47.10 subdivision 5, is amended to read: 47.11 Subd. 5. [SCHOOL DISTRICT LEP REVENUE.] (a) A school 47.12 district's limited English proficiency programs revenue for 47.13 fiscal year 2000 equals the state total limited English 47.14 proficiency programs revenue, minus the amount determined under 47.15 paragraph (b), times the ratio of the district's adjusted 47.16 limited English proficiency programs base revenue to the state 47.17 total adjusted limited English proficiency programs base revenue. 47.18 (b) Notwithstanding paragraph (a), if the limited English 47.19 proficiency programs base revenue for a district equals zero, 47.20 the limited English proficiency programs revenue equals the sum 47.21 of the following amounts, computed using current year data: 47.22 (1) 68 percent of the salary of one full-time equivalent 47.23 teacher for each 40 pupils of limited English proficiency 47.24 enrolled, or 68 percent of the salary of one-half of a full-time 47.25 teacher in a district with 20 or fewer pupils of limited English 47.26 proficiency enrolled; and 47.27 (2) for supplies and equipment purchased or rented for use 47.28 in the instruction of pupils of limited English proficiency an 47.29 amount equal to 47 percent of the sum actually spent by the 47.30 district but not to exceed an average of $47 in any one school 47.31 year for each pupil of limited English proficiency receiving 47.32 instruction. 47.33 (c) A district's limited English proficiency programs 47.34 revenue for fiscal year 2001 and later equals the product of 47.35 $584 times the greater of 20 or the number of adjusted marginal 47.36 cost pupils of limited English proficiency enrolled in the 48.1 district during the current fiscal year. 48.2 (d) A pupil ceases to generate state limited English 48.3 proficiency aid in the school year following the school year in 48.4 which the pupil attains the state cut-off score on a 48.5 commissioner-provided assessment that measures the pupil's 48.6 emerging academic English. 48.7 [EFFECTIVE DATE.] This section is effective July 1, 2002. 48.8 Sec. 5. Minnesota Statutes 2000, section 125A.023, 48.9 subdivision 4, is amended to read: 48.10 Subd. 4. [STATE INTERAGENCY COMMITTEE.] (a) The governor 48.11 shall convenean 18-membera 19-member interagency committee to 48.12 develop and implement a coordinated, multidisciplinary, 48.13 interagency intervention service system for children ages three 48.14 to 21 with disabilities. The commissioners of commerce, 48.15 children, families, and learning, health, human rights, human 48.16 services, economic security, and corrections shall each appoint 48.17 two committee members from their departments; the association of 48.18 Minnesota counties shall appoint two county representatives, one 48.19 of whom must be an elected official, as committee members; and 48.20 the Minnesota school boards association, the Minnesota 48.21 administrators of special education, and the school nurse 48.22 association of Minnesota shall each appoint one committee 48.23 member. The committee shall select a chair from among its 48.24 members. 48.25 (b) The committee shall: 48.26 (1) identify and assist in removing state and federal 48.27 barriers to local coordination of services provided to children 48.28 with disabilities; 48.29 (2) identify adequate, equitable, and flexible funding 48.30 sources to streamline these services; 48.31 (3) develop guidelines for implementing policies that 48.32 ensure a comprehensive and coordinated system of all state and 48.33 local agency services, including multidisciplinary assessment 48.34 practices for children with disabilities ages three to 21; 48.35 (4) develop, consistent with federal law, a standardized 48.36 written plan for providing services to a child with 49.1 disabilities; 49.2 (5) identify how current systems for dispute resolution can 49.3 be coordinated and develop guidelines for that coordination; 49.4 (6) develop an evaluation process to measure the success of 49.5 state and local interagency efforts in improving the quality and 49.6 coordination of services to children with disabilities ages 49.7 three to 21; 49.8 (7) develop guidelines to assist the governing boards of 49.9 the interagency early intervention committees in carrying out 49.10 the duties assigned in section 125A.027, subdivision 1, 49.11 paragraph (b); and 49.12 (8) carry out other duties necessary to develop and 49.13 implement within communities a coordinated, multidisciplinary, 49.14 interagency intervention service system for children with 49.15 disabilities. 49.16 (c) The committee shall consult on an ongoing basis with 49.17 the state education advisory committee for special education and 49.18 the governor's interagency coordinating council in carrying out 49.19 its duties under this section, including assisting the governing 49.20 boards of the interagency early intervention committees. 49.21 Sec. 6. Minnesota Statutes 2000, section 125A.08, is 49.22 amended to read: 49.23 125A.08 [SCHOOL DISTRICT OBLIGATIONS.] 49.24 (a) As defined in this section, every district must ensure 49.25 the following: 49.26 (1) all students with disabilities are provided the special 49.27 instruction and services which are appropriate to their needs. 49.28 Where the individual education plan team has determined 49.29 appropriate goals and objectives based on the student's needs, 49.30 including the extent to which the student can be included in the 49.31 least restrictive environment, and where there are essentially 49.32 equivalent and effective instruction, related services, or 49.33 assistive technology devices available to meet the student's 49.34 needs, cost to the district may be among the factors considered 49.35 by the team in choosing how to provide the appropriate services, 49.36 instruction, or devices that are to be made part of the 50.1 student's individual education plan. The individual education 50.2 plan team shall consider and may authorize services covered by 50.3 medical assistance according to section 256B.0625, subdivision 50.4 26. The student's needs and the special education instruction 50.5 and services to be provided must be agreed upon through the 50.6 development of an individual education plan. The plan must 50.7 address the student's need to develop skills to live and work as 50.8 independently as possible within the community. The individual 50.9 education plan team must consider positive behavioral 50.10 interventions, strategies, and supports that address behavior 50.11 for children with attention deficit disorder or attention 50.12 deficit hyperactivity disorder. By grade 9 or age 14, the plan 50.13 must address the student's needs for transition from secondary 50.14 services to post-secondary education and training, employment, 50.15 community participation, recreation, and leisure and home 50.16 living. In developing the plan, districts must inform parents 50.17 of the full range of transitional goals and related services 50.18 that should be considered. The plan must include a statement of 50.19 the needed transition services, including a statement of the 50.20 interagency responsibilities or linkages or both before 50.21 secondary services are concluded; 50.22 (2) children with a disability under age five and their 50.23 families are provided special instruction and services 50.24 appropriate to the child's level of functioning and needs; 50.25 (3) children with a disability and their parents or 50.26 guardians are guaranteed procedural safeguards and the right to 50.27 participate in decisions involving identification, assessment 50.28 including assistive technology assessment, and educational 50.29 placement of children with a disability; 50.30 (4) eligibility and needs of children with a disability are 50.31 determined by an initial assessment or reassessment, which may 50.32 be completed using existing data under United States Code, title 50.33 20, section 33, et seq.; 50.34 (5) to the maximum extent appropriate, children with a 50.35 disability, including those in public or private institutions or 50.36 other care facilities, are educated with children who are not 51.1 disabled, and that special classes, separate schooling, or other 51.2 removal of children with a disability from the regular 51.3 educational environment occurs only when and to the extent that 51.4 the nature or severity of the disability is such that education 51.5 in regular classes with the use of supplementary services cannot 51.6 be achieved satisfactorily; 51.7 (6) in accordance with recognized professional standards, 51.8 testing and evaluation materials, and procedures used for the 51.9 purposes of classification and placement of children with a 51.10 disability are selected and administered so as not to be 51.11 racially or culturally discriminatory; and 51.12 (7) the rights of the child are protected when the parents 51.13 or guardians are not known or not available, or the child is a 51.14 ward of the state. 51.15 (b) For paraprofessionals employed to work in programs for 51.16 students with disabilities, the school board in each district 51.17 shall ensure that: 51.18 (1) before or immediately upon employment, each 51.19 paraprofessional develops sufficient knowledge and skills in 51.20 emergency procedures, building orientation, roles and 51.21 responsibilities, confidentiality, vulnerability, and 51.22 reportability, among other things, to begin meeting the needs of 51.23 the students with whom the paraprofessional works; 51.24 (2) annual training opportunities are available to enable 51.25 the paraprofessional to continue to further develop the 51.26 knowledge and skills that are specific to the students with whom 51.27 the paraprofessional works, including understanding 51.28 disabilities, following lesson plans, and implementing follow-up 51.29 instructional procedures and activities; and 51.30 (3) a districtwide process obligates each paraprofessional 51.31 to work under the ongoing direction of a licensed teacher and, 51.32 where appropriate and possible, the supervision of a school 51.33 nurse. 51.34 [EFFECTIVE DATE.] This section is effective the day 51.35 following final enactment. 51.36 Sec. 7. Minnesota Statutes 2000, section 125A.09, 52.1 subdivision 3, is amended to read: 52.2 Subd. 3. [INITIAL ACTION; PARENT CONSENT.] (a) The 52.3 district must not proceed with the initial formal assessment of 52.4 a child, the initial placement of a child in a special education 52.5 program, or the initial provision of special education services 52.6 for a child without the prior written consent of the child's 52.7 parent or guardian. The refusal of a parent or guardian to 52.8 consent may be overridden by the decision in a hearing held 52.9 pursuant to subdivision 6 at the district's initiative. 52.10 (b) A parent, after consulting with health care, education, 52.11 or other professional providers, may agree or disagree to 52.12 provide the parent's child with sympathomimetic medications 52.13 unless section 144.344 applies. 52.14 [EFFECTIVE DATE.] This section is effective the day 52.15 following final enactment. 52.16 Sec. 8. Minnesota Statutes 2000, section 125A.11, 52.17 subdivision 3, is amended to read: 52.18 Subd. 3. [AGREEMENT BETWEEN DISTRICTS TO PROVIDE SPECIAL 52.19 INSTRUCTION AND SERVICES.] For the purposes of this section, any 52.20 school district may enter into an agreement, upon mutually 52.21 agreed upon terms and conditions, to provide special instruction 52.22 and services for children with a disability. In that event, one 52.23 of the participating units may employ and contract with 52.24 necessary qualified personnel to offer services in the several 52.25 districts. Each participating unit must reimburse the employing 52.26 unit a proportionate amount of the actual cost of providing the 52.27 special instruction and services, less the amount of state 52.28 special education aid, which shall be claimed in full by the52.29employing district. 52.30 Sec. 9. Minnesota Statutes 2000, section 125A.27, 52.31 subdivision 15, is amended to read: 52.32 Subd. 15. [PARTHC STATE PLAN.] "PartHC state plan" 52.33 means the annual state plan application approved by the federal 52.34 government under the Individuals with Disabilities Education 52.35 Act, United States Code, title 20, section 1471 et seq. (PartH52.36 C, Public Law Number102-119105-117). 53.1 Sec. 10. Minnesota Statutes 2000, section 125A.76, 53.2 subdivision 1, is amended to read: 53.3 Subdivision 1. [DEFINITIONS.] For the purposes of this 53.4 section, the definitions in this subdivision apply. 53.5 (a) "Base year" for fiscal year 1998 and later fiscal years 53.6 means the second fiscal year preceding the fiscal year for which 53.7 aid will be paid. 53.8 (b) "Basic revenue" has the meaning given it in section 53.9 126C.10, subdivision 2. For the purposes of computing basic 53.10 revenue pursuant to this section, each child with a disability 53.11 shall be counted as prescribed in section 126C.05, subdivision 1. 53.12 (c) "Essential personnel" means teachers, cultural 53.13 liaisons, related services, and support services staff providing 53.14 direct services to students. Essential personnel may also 53.15 include special education paraprofessionals or clericals 53.16 providing support to teachers and students by preparing 53.17 paperwork and making arrangements related to special education 53.18 compliance requirements, including parent meetings and 53.19 individual education plans. 53.20 (d) "Average daily membership" has the meaning given it in 53.21 section 126C.05. 53.22 (e) "Program growth factor" means 1.08 for fiscal year 53.23 2002, and 1.046 for fiscal year 2003 and later. 53.24 Sec. 11. Minnesota Statutes 2000, section 125A.76, 53.25 subdivision 2, is amended to read: 53.26 Subd. 2. [SPECIAL EDUCATION BASE REVENUE.] (a) The special 53.27 education base revenue equals the sum of the following amounts 53.28 computed using base year data: 53.29 (1) 68 percent of the salary of each essential person 53.30 employed in the district's program for children with a 53.31 disability during the fiscal year,not including the share of53.32salaries for personnel providing health-related services counted53.33in clause (8),whether the person is employed by one or more 53.34 districts or a Minnesota correctional facility operating on a 53.35 fee-for-service basis; 53.36 (2) for the Minnesota state academy for the deaf or the 54.1 Minnesota state academy for the blind, 68 percent of the salary 54.2 of each instructional aide assigned to a child attending the 54.3 academy, if that aide is required by the child's individual 54.4 education plan; 54.5 (3) for special instruction and services provided to any 54.6 pupil by contracting with public, private, or voluntary agencies 54.7 other than school districts, in place of special instruction and 54.8 services provided by the district, 52 percent of the difference 54.9 between the amount of the contract and thebasic revenue of the54.10district for that pupilamount of the basic revenue, as defined 54.11 in section 126C.10, subdivision 2, special education aid, and 54.12 any other aid earned on behalf of the child for the fraction of 54.13 the school day the pupil receives services under the contract; 54.14 (4) for special instruction and services provided to any 54.15 pupil by contracting for services with public, private, or 54.16 voluntary agencies other than school districts, that are 54.17 supplementary to a full educational program provided by the 54.18 school district, 52 percent of the amount of the contract for 54.19 that pupil; 54.20 (5) for supplies and equipment purchased or rented for use 54.21 in the instruction of children with a disability,not including54.22the portion of the expenses for supplies and equipment used to54.23provide health-related services counted in clause (8),an amount 54.24 equal to 47 percent of the sum actually expended by the 54.25 district, or a Minnesota correctional facility operating on a 54.26 fee-for-service basis, but not to exceed an average of $47 in 54.27 any one school year for each child with a disability receiving 54.28 instruction; 54.29 (6) for fiscal years 1997 and later, special education base 54.30 revenue shall include amounts under clauses (1) to (5) for 54.31 special education summer programs provided during the base year 54.32 for that fiscal year; and 54.33 (7) for fiscal years 1999 and later, the cost of providing 54.34 transportation services for children with disabilities under 54.35 section 123B.92, subdivision 1, paragraph (b), clause (4). 54.36 The department shall establish procedures through the 55.1 uniform financial accounting and reporting system to identify 55.2 and track all revenues generated from third-party billings as 55.3 special education revenue at the school district level; include 55.4 revenue generated from third-party billings as special education 55.5 revenue in the annual cross-subsidy report; and exclude 55.6 third-party revenue from calculation of excess cost aid to the 55.7 districts. 55.8 (b) If requested by a school district operating a special 55.9 education program during the base year for less than the full 55.10 fiscal year, or a school district in which is located a 55.11 Minnesota correctional facility operating on a fee-for-service 55.12 basis for less than the full fiscal year, the commissioner may 55.13 adjust the base revenue to reflect the expenditures that would 55.14 have occurred during the base year had the program been operated 55.15 for the full fiscal year. 55.16 (c) Notwithstanding paragraphs (a) and (b), the portion of 55.17 a school district's base revenue attributable to a Minnesota 55.18 correctional facility operating on a fee-for-service basis 55.19 during the facility's first year of operating on a 55.20 fee-for-service basis shall be computed using current year data. 55.21 Sec. 12. Minnesota Statutes 2000, section 260A.01, is 55.22 amended to read: 55.23 260A.01 [TRUANCY PROGRAMS AND SERVICES.] 55.24 (a) The programs in this chapter are designed to provide a 55.25 continuum of intervention and services to support families and 55.26 children in keeping children in school and combating truancy and 55.27 educational neglect. School districts, county attorneys, and 55.28 law enforcement may establish the programs and coordinate them 55.29 with other community-based truancy services in order to provide 55.30 the necessary and most effective intervention for children and 55.31 their families. This continuum of intervention and services 55.32 involves progressively intrusive intervention, beginning with 55.33 strong service-oriented efforts at the school and community 55.34 level and involving the court's authority only when necessary. 55.35 (b) Consistent with section 125A.09, subdivision 3, a 55.36 parent's refusal to provide the parent's child with 56.1 sympathomimetic medications does not constitute educational 56.2 neglect. 56.3 [EFFECTIVE DATE.] This section is effective the day 56.4 following final enactment. 56.5 Sec. 13. Minnesota Statutes 2000, section 260C.163, 56.6 subdivision 11, is amended to read: 56.7 Subd. 11. [PRESUMPTIONS REGARDING TRUANCY OR EDUCATIONAL 56.8 NEGLECT.] (a) A child's absence from school is presumed to be 56.9 due to the parent's, guardian's, or custodian's failure to 56.10 comply with compulsory instruction laws if the child is under 12 56.11 years old and the school has made appropriate efforts to resolve 56.12 the child's attendance problems; this presumption may be 56.13 rebutted based on a showing by clear and convincing evidence 56.14 that the child is habitually truant. A child's absence from 56.15 school without lawful excuse, when the child is 12 years old or 56.16 older, is presumed to be due to the child's intent to be absent 56.17 from school; this presumption may be rebutted based on a showing 56.18 by clear and convincing evidence that the child's absence is due 56.19 to the failure of the child's parent, guardian, or custodian to 56.20 comply with compulsory instruction laws, sections 120A.22 and 56.21 120A.24. 56.22 (b) Consistent with section 125A.09, subdivision 3, a 56.23 parent's refusal to provide the parent's child with 56.24 sympathomimetic medications does not constitute educational 56.25 neglect. 56.26 [EFFECTIVE DATE.] This section is effective the day 56.27 following final enactment. 56.28 Sec. 14. Minnesota Statutes 2000, section 626.556, 56.29 subdivision 2, as amended by Laws 2001, chapter 138, section 1, 56.30 is amended to read: 56.31 Subd. 2. [DEFINITIONS.] As used in this section, the 56.32 following terms have the meanings given them unless the specific 56.33 content indicates otherwise: 56.34 (a) "Sexual abuse" means the subjection of a child by a 56.35 person responsible for the child's care, by a person who has a 56.36 significant relationship to the child, as defined in section 57.1 609.341, or by a person in a position of authority, as defined 57.2 in section 609.341, subdivision 10, to any act which constitutes 57.3 a violation of section 609.342 (criminal sexual conduct in the 57.4 first degree), 609.343 (criminal sexual conduct in the second 57.5 degree), 609.344 (criminal sexual conduct in the third degree), 57.6 609.345 (criminal sexual conduct in the fourth degree), or 57.7 609.3451 (criminal sexual conduct in the fifth degree). Sexual 57.8 abuse also includes any act which involves a minor which 57.9 constitutes a violation of prostitution offenses under sections 57.10 609.321 to 609.324 or 617.246. Sexual abuse includes threatened 57.11 sexual abuse. 57.12 (b) "Person responsible for the child's care" means (1) an 57.13 individual functioning within the family unit and having 57.14 responsibilities for the care of the child such as a parent, 57.15 guardian, or other person having similar care responsibilities, 57.16 or (2) an individual functioning outside the family unit and 57.17 having responsibilities for the care of the child such as a 57.18 teacher, school administrator, or other lawful custodian of a 57.19 child having either full-time or short-term care 57.20 responsibilities including, but not limited to, day care, 57.21 babysitting whether paid or unpaid, counseling, teaching, and 57.22 coaching. 57.23 (c) "Neglect" means: 57.24 (1) failure by a person responsible for a child's care to 57.25 supply a child with necessary food, clothing, shelter, health, 57.26 medical, or other care required for the child's physical or 57.27 mental health when reasonably able to do so; 57.28 (2) failure to protect a child from conditions or actions 57.29 that seriously endanger the child's physical or mental health 57.30 when reasonably able to do so; 57.31 (3) failure to provide for necessary supervision or child 57.32 care arrangements appropriate for a child after considering 57.33 factors as the child's age, mental ability, physical condition, 57.34 length of absence, or environment, when the child is unable to 57.35 care for the child's own basic needs or safety, or the basic 57.36 needs or safety of another child in their care; 58.1 (4) failure to ensure that the child is educated as defined 58.2 in sections 120A.22 and 260C.163, subdivision 11, which does not 58.3 include a parent's refusal to provide the parent's child with 58.4 sympathomimetic medications, consistent with section 125A.09, 58.5 subdivision 3; 58.6 (5) nothing in this section shall be construed to mean that 58.7 a child is neglected solely because the child's parent, 58.8 guardian, or other person responsible for the child's care in 58.9 good faith selects and depends upon spiritual means or prayer 58.10 for treatment or care of disease or remedial care of the child 58.11 in lieu of medical care; except that a parent, guardian, or 58.12 caretaker, or a person mandated to report pursuant to 58.13 subdivision 3, has a duty to report if a lack of medical care 58.14 may cause serious danger to the child's health. This section 58.15 does not impose upon persons, not otherwise legally responsible 58.16 for providing a child with necessary food, clothing, shelter, 58.17 education, or medical care, a duty to provide that care; 58.18 (6) prenatal exposure to a controlled substance, as defined 58.19 in section 253B.02, subdivision 2, used by the mother for a 58.20 nonmedical purpose, as evidenced by withdrawal symptoms in the 58.21 child at birth, results of a toxicology test performed on the 58.22 mother at delivery or the child at birth, or medical effects or 58.23 developmental delays during the child's first year of life that 58.24 medically indicate prenatal exposure to a controlled substance; 58.25 (7) "medical neglect" as defined in section 260C.007, 58.26 subdivision 4, clause (5); 58.27 (8) chronic and severe use of alcohol or a controlled 58.28 substance by a parent or person responsible for the care of the 58.29 child that adversely affects the child's basic needs and safety; 58.30 or 58.31 (9) emotional harm from a pattern of behavior which 58.32 contributes to impaired emotional functioning of the child which 58.33 may be demonstrated by a substantial and observable effect in 58.34 the child's behavior, emotional response, or cognition that is 58.35 not within the normal range for the child's age and stage of 58.36 development, with due regard to the child's culture. 59.1 (d) "Physical abuse" means any physical injury, mental 59.2 injury, or threatened injury, inflicted by a person responsible 59.3 for the child's care on a child other than by accidental means, 59.4 or any physical or mental injury that cannot reasonably be 59.5 explained by the child's history of injuries, or any aversive 59.6 and deprivation procedures that have not been authorized under 59.7 section 245.825. Abuse does not include reasonable and moderate 59.8 physical discipline of a child administered by a parent or legal 59.9 guardian which does not result in an injury. Actions which are 59.10 not reasonable and moderate include, but are not limited to, any 59.11 of the following that are done in anger or without regard to the 59.12 safety of the child: 59.13 (1) throwing, kicking, burning, biting, or cutting a child; 59.14 (2) striking a child with a closed fist; 59.15 (3) shaking a child under age three; 59.16 (4) striking or other actions which result in any 59.17 nonaccidental injury to a child under 18 months of age; 59.18 (5) unreasonable interference with a child's breathing; 59.19 (6) threatening a child with a weapon, as defined in 59.20 section 609.02, subdivision 6; 59.21 (7) striking a child under age one on the face or head; 59.22 (8) purposely giving a child poison, alcohol, or dangerous, 59.23 harmful, or controlled substances which were not prescribed for 59.24 the child by a practitioner, in order to control or punish the 59.25 child; or other substances that substantially affect the child's 59.26 behavior, motor coordination, or judgment or that results in 59.27 sickness or internal injury, or subjects the child to medical 59.28 procedures that would be unnecessary if the child were not 59.29 exposed to the substances; or 59.30 (9) unreasonable physical confinement or restraint not 59.31 permitted under section 609.379, including but not limited to 59.32 tying, caging, or chaining. 59.33 (e) "Report" means any report received by the local welfare 59.34 agency, police department, or county sheriff pursuant to this 59.35 section. 59.36 (f) "Facility" means a licensed or unlicensed day care 60.1 facility, residential facility, agency, hospital, sanitarium, or 60.2 other facility or institution required to be licensed under 60.3 sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or 60.4 chapter 245B; or a school as defined in sections 120A.05, 60.5 subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed 60.6 personal care provider organization as defined in sections 60.7 256B.04, subdivision 16, and 256B.0625, subdivision 19a. 60.8 (g) "Operator" means an operator or agency as defined in 60.9 section 245A.02. 60.10 (h) "Commissioner" means the commissioner of human services. 60.11 (i) "Assessment" includes authority to interview the child, 60.12 the person or persons responsible for the child's care, the 60.13 alleged perpetrator, and any other person with knowledge of the 60.14 abuse or neglect for the purpose of gathering the facts, 60.15 assessing the risk to the child, and formulating a plan. 60.16 (j) "Practice of social services," for the purposes of 60.17 subdivision 3, includes but is not limited to employee 60.18 assistance counseling and the provision of guardian ad litem and 60.19 parenting time expeditor services. 60.20 (k) "Mental injury" means an injury to the psychological 60.21 capacity or emotional stability of a child as evidenced by an 60.22 [EFFECTIVE DATE.] This section is effective the day 60.23 following final enactment. 60.24 Sec. 15. Laws 2000, chapter 489, article 3, section 24, is 60.25 amended to read: 60.26 Sec. 24. [SPECIAL EDUCATION CROSS-SUBSIDY REVENUE.] 60.27 (a) For fiscal year 2000, a school district shall receive 60.28 an amount of revenue equal to $8.15 times the district's 60.29 adjusted marginal cost pupil units. 60.30 (b) For fiscal year 2001, a school district shall receive 60.31 an amount of revenue equal to $19 times the district's adjusted 60.32 marginal cost pupil units. Special education cross-subsidy 60.33 revenue must be used to pay for a district's unfunded special 60.34 education costs that are currently cross-subsidized by a 60.35 district's general education revenue. 60.36 (c) The fiscal year 2001 revenue is paid entirely in fiscal 61.1 year 2001 based on estimated data. By January 31, 2002, the 61.2 department of children, families, and learning shall recalculate 61.3 the revenue for each district using actual data, and shall 61.4 adjust the general education aid paid to school districts for 61.5 fiscal year 2002 by the amount of the difference between the 61.6 estimated revenue and the actual revenue. 61.7 Sec. 16. [BOARD OF TEACHING.] 61.8 The board of teaching must review and report to the 61.9 education committees of the 2002 legislature on rules that would 61.10 require board-approved teacher preparation programs to include 61.11 in their teacher preparation programs information on special 61.12 education laws, teaching strategies, and positive behavior 61.13 interventions. 61.14 Sec. 17. [APPROPRIATIONS.] 61.15 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 61.16 LEARNING.] The sums indicated in this section are appropriated 61.17 from the general fund to the department of children, families, 61.18 and learning for the fiscal years designated. 61.19 Subd. 2. [SPECIAL EDUCATION AID.] For special education 61.20 aid according to Minnesota Statutes, section 125A.75: 61.21 $507,448,000 ..... 2002 61.22 $531,481,000 ..... 2003 61.23 The 2002 appropriation includes $47,400,000 for 2001 and 61.24 $460,048,000 for 2002. 61.25 The 2003 appropriation includes $51,116,000 for 2002 and 61.26 $480,365,000 for 2003. 61.27 Subd. 3. [AID FOR CHILDREN WITH A DISABILITY.] For aid 61.28 according to Minnesota Statutes, section 125A.75, subdivision 3, 61.29 for children with a disability placed in residential facilities 61.30 within the district boundaries for whom no district of residence 61.31 can be determined: 61.32 $1,877,000 ..... 2002 61.33 $2,033,000 ..... 2003 61.34 If the appropriation for either year is insufficient, the 61.35 appropriation for the other year is available. Any balance in 61.36 the first year does not cancel but is available in the second 62.1 year. 62.2 Subd. 4. [TRAVEL FOR HOME-BASED SERVICES.] For aid for 62.3 teacher travel for home-based services according to Minnesota 62.4 Statutes, section 125A.75, subdivision 1: 62.5 $135,000 ..... 2002 62.6 $138,000 ..... 2003 62.7 The 2002 appropriation includes $13,000 for 2001 and 62.8 $122,000 for 2002. 62.9 The 2003 appropriation includes $13,000 for 2002 and 62.10 $125,000 for 2003. 62.11 Subd. 5. [SPECIAL EDUCATION EXCESS COST AID.] For excess 62.12 cost aid: 62.13 $102,665,000 ..... 2002 62.14 $104,773,000 ..... 2003 62.15 The 2002 appropriation includes $9,889,000 for 2001 and 62.16 $92,776,000 for 2002. 62.17 The 2003 appropriation includes $10,308,000 for 2002 and 62.18 $94,465,000 for 2003. 62.19 Subd. 6. [LITIGATION COSTS.] For paying the costs a 62.20 district incurs under Minnesota Statutes, section 125A.75, 62.21 subdivision 8: 62.22 $375,000 ..... 2002 62.23 $375,000 ..... 2003 62.24 Subd. 7. [TRANSITION PROGRAMS; STUDENTS WITH 62.25 DISABILITIES.] For aid for transition programs for pupils with 62.26 disabilities according to Minnesota Statutes, section 124D.454: 62.27 $8,954,000 ..... 2002 62.28 $8,939,000 ..... 2003 62.29 The 2002 appropriation includes $896,000 for 2001 and 62.30 $8,058,000 for 2002. 62.31 The 2003 appropriation includes $895,000 for 2002 and 62.32 $8,044,000 for 2003. 62.33 Subd. 8. [COURT-PLACED SPECIAL EDUCATION REVENUE.] For 62.34 reimbursing serving school districts for unreimbursed eligible 62.35 expenditures attributable to children placed in the serving 62.36 school district by court action under Minnesota Statutes, 63.1 section 125A.79, subdivision 4: 63.2 $350,000 ..... 2002 63.3 $350,000 ..... 2003 63.4 Subd. 9. [OUT-OF-STATE TUITION SPECIAL EDUCATION.] For 63.5 special education out-of-state tuition according to Minnesota 63.6 Statutes, section 125A.79, subdivision 8: 63.7 $250,000 ..... 2002 63.8 $250,000 ..... 2003 63.9 ARTICLE 4 63.10 FACILITIES AND TECHNOLOGY 63.11 Section 1. Minnesota Statutes 2000, section 16B.616, 63.12 subdivision 4, is amended to read: 63.13 Subd. 4. [ENFORCEMENT.] (a) A statutory or home rule 63.14 charter city that is not covered by the code because of action 63.15 taken under section 16B.72 or 16B.73 is responsible for 63.16 enforcement in the city of the code's requirements for bleacher 63.17 safety. In all other areas where the code does not apply 63.18 because of action taken under section 16B.72 or 16B.73, the 63.19 county is responsible for enforcement of those requirements. 63.20 (b) Municipalities that have not adopted the code may 63.21 enforce the code requirements for bleacher safety by either 63.22 entering into a joint powers agreement for enforcement with 63.23 another municipality that has adopted the code or contracting 63.24 for enforcement with a qualified and certified building official 63.25 or state licensed design professional to enforce the code. 63.26 (c) Municipalities, school districts, organizations, 63.27 individuals, and other persons operating or owning places of 63.28 public accommodation with bleachers that are subject to the 63.29 safety requirements in subdivision 3 shall provide a signed 63.30 certification of compliance to the commissioner by January 1, 63.31 2002. For bleachers subject to the exception in subdivision 3, 63.32 clause (1), entities covered by this paragraph must have on file 63.33 a bleacher safety management plan and amortization schedule. 63.34 The certification shall be prepared by a qualified and certified 63.35 building official or state licensed design professional and 63.36 shall certify that the bleachers have been inspected and are in 64.1 compliance with the requirements of this section and are 64.2 structurally sound. For bleachers owned by a school district or 64.3 nonpublic school, the person the district or nonpublic school 64.4 designates to be responsible for buildings and grounds may make 64.5 the certification. 64.6 Sec. 2. Minnesota Statutes 2000, section 123B.57, 64.7 subdivision 3, is amended to read: 64.8 Subd. 3. [HEALTH AND SAFETY REVENUE.] A district's health 64.9 and safety revenue for a fiscal year equals: 64.10 (1) the sum of (a) the total approved cost of the 64.11 district's hazardous substance plan for fiscal years 1985 64.12 through 1989, plus (b) the total approved cost of the district's 64.13 health and safety program for fiscal year 1990 through the 64.14 fiscal year to which the levy is attributable, excluding 64.15 expenditures funded with bonds issued under section 123B.59 or 64.16 123B.62, or chapter 475; certificates of indebtedness or capital 64.17 notes under section 123B.61; levies under section 123B.58, 64.18 123B.59, 123B.63, or 126C.40, subdivision 1 or 6; and other 64.19 federal, state, or local revenues, minus 64.20 (2) the sum of (a) the district's total hazardous substance 64.21 aid and levy for fiscal years 1985 through 1989 under sections 64.22 124.245 and 275.125, subdivision 11c, plus (b) the district's 64.23 health and safety revenue under this subdivision, for years 64.24 before the fiscal year to which the levy is attributable, plus64.25(c) the amount of other federal, state, or local receipts for64.26the district's hazardous substance or health and safety programs64.27for fiscal year 1985 through the fiscal year to which the levy64.28is attributable. 64.29 Sec. 3. Minnesota Statutes 2000, section 123B.57, 64.30 subdivision 6, is amended to read: 64.31 Subd. 6. [USES OF HEALTH AND SAFETY REVENUE.] Health and 64.32 safety revenue may be used only for approved expenditures 64.33 necessary to correct fire safety hazards, life safety hazards, 64.34 or for the removal or encapsulation of asbestos from school 64.35 buildings or property owned or being acquired by the district, 64.36 asbestos-related repairs, cleanup and disposal of 65.1 polychlorinated biphenyls found in school buildings or 65.2 property owned or being acquired by the district, or the 65.3 cleanup, removal, disposal, and repairs related to storing 65.4 heating fuel or transportation fuels such as alcohol, gasoline, 65.5 fuel oil, and special fuel, as defined in section 296A.01, labor 65.6 and industry regulated facility and equipment hazards, and 65.7 health, safety, and environmental management. Health and safety 65.8 revenue must not be used to finance a lease purchase agreement, 65.9 installment purchase agreement, or other deferred payments 65.10 agreement. Health and safety revenue must not be used for the 65.11 construction of new facilities or the purchase of portable 65.12 classrooms, for interest or other financing expenses, or for 65.13 energy efficiency projects under section 123B.65. The revenue 65.14 may not be used for a building or property or part of a building 65.15 or property used for post-secondary instruction or 65.16 administration or for a purpose unrelated to elementary and 65.17 secondary education. 65.18 Sec. 4. Minnesota Statutes 2000, section 123B.57, 65.19 subdivision 8, is amended to read: 65.20 Subd. 8. [HEALTH, SAFETY, AND ENVIRONMENTAL MANAGEMENT 65.21 COST.] (a) A district's cost for health, safety, and 65.22 environmental management is limited to the lesser of: 65.23 (1) actual cost to implement their plan; or 65.24 (2) an amount determined by the commissioner, based on 65.25 enrollment, building age, and size. 65.26 (b) The department may contract with regional service 65.27 organizations, private contractors, Minnesota safety council, or 65.28 state agencies to provide management assistance to school 65.29 districts for health and safety capital projects. Management 65.30 assistance is the development of written programs for the 65.31 identification, recognition and control of hazards, and 65.32 prioritization and scheduling of district health and safety 65.33 capital projects. The department shall not exclude private 65.34 contractors from the opportunity to provide any health and 65.35 safety services to school districts. 65.36 (c) Notwithstanding paragraph (b), the department may 66.1 approve revenue, up to the limit defined in paragraph (a) for 66.2 districts having an approved health, safety, and environmental 66.3 management plan that uses district staff to accomplish 66.4 coordination and provided services. 66.5 Sec. 5. Minnesota Statutes 2000, section 123B.71, 66.6 subdivision 1, is amended to read: 66.7 Subdivision 1. [CONSULTATION.] A school district shall 66.8 consult with the commissioner of children, families, and 66.9 learning before developing any plans and specifications to 66.10 construct, remodel, or improve the building or site of an 66.11 educational facility for which the estimated cost exceeds 66.12$100,000$250,000. This consultation shall occur before a 66.13 referendum for bonds, solicitation for bids, or use of capital 66.14 expenditure facilities revenue according to section 126C.10, 66.15 subdivision 14, clause (2). The commissioner may require the 66.16 district to participate in a management assistance plan before 66.17 conducting a review and comment on the project. 66.18 Sec. 6. Minnesota Statutes 2000, section 123B.71, 66.19 subdivision 4, is amended to read: 66.20 Subd. 4. [PLAN SUBMITTAL.] For a project for which 66.21 consultation is required under subdivision 1, the commissioner, 66.22 after the consultation required in subdivision 1, may require a 66.23 school district to submitthe followingpreliminary and final 66.24 plans for approval:66.25(a) two sets of preliminary plans for each new building or66.26addition, and66.27(b) one set of final plans for each construction,66.28remodeling, or site improvement project. The commissioner shall 66.29 approve or disapprove the plans within 90 days after submission. 66.30 Final plans shall meet all applicable state laws, rules, 66.31 and codes concerning public buildings, including sections 16B.59 66.32 to 16B.73.The department may furnish to a school district66.33plans and specifications for temporary school buildings66.34containing two classrooms or less.66.35 Sec. 7. Minnesota Statutes 2000, section 123B.71, 66.36 subdivision 8, is amended to read: 67.1 Subd. 8. [REVIEW AND COMMENT.] A school district, a 67.2 special education cooperative, or a cooperative unit of 67.3 government, as defined in section 123A.24, subdivision 2, must 67.4 not initiate an installment contract for purchase or a lease 67.5 agreement, hold a referendum for bonds, nor solicit bids for new 67.6 construction, expansion, or remodeling of an educational 67.7 facility that requires an expenditure in excess 67.8 of$400,000$500,000 per school site prior to review and comment 67.9 by the commissioner. The commissioner may exempt a facility 67.10 maintenance project funded with general education aid and levy 67.11 or health and safety revenue from this provision after reviewing 67.12 a written request from a school district describing the scope of 67.13 work. A school board shall not separate portions of a single 67.14 project into components to avoid the requirements of this 67.15 subdivision. 67.16 Sec. 8. Minnesota Statutes 2000, section 123B.71, 67.17 subdivision 9, is amended to read: 67.18 Subd. 9. [INFORMATION REQUIRED.] A school board proposing 67.19 to construct a facility described in subdivision 8 shall submit 67.20 to the commissioner a proposal containing information including 67.21 at least the following: 67.22(a) the geographic area proposed to be served, whether67.23within or outside the boundaries of the school district;67.24(b) the people proposed to be served, including census67.25findings and projections for the next ten years of the number of67.26preschool and school-aged people in the area;67.27(c) the reasonably anticipated need for the facility or67.28service to be provided;67.29(d) a description of the construction in reasonable detail,67.30including: the expenditures contemplated; the estimated annual67.31operating cost, including the anticipated salary and number of67.32new staff necessitated by the proposal; and an evaluation of the67.33energy efficiency and effectiveness of the construction,67.34including estimated annual energy costs; and a description of67.35the telephone capabilities of the facility and its classrooms;67.36(e) a description of existing facilities within the area to68.1be served and within school districts adjacent to the area to be68.2served; the extent to which existing facilities or services are68.3used; the extent to which alternate space is available,68.4including other school districts, post-secondary institutions,68.5other public or private buildings, or other noneducation68.6community resources; and the anticipated effect that the68.7facility will have on existing facilities and services;68.8(f) the anticipated benefit of the facility to the area;68.9(g) if known, the relationship of the proposed construction68.10to any priorities that have been established for the area to be68.11served;68.12(h) the availability and manner of financing the facility68.13and the estimated date to begin and complete the facility;68.14(i) desegregation requirements that cannot be met by any68.15other reasonable means;68.16(j) the relationship of the proposed facility to the68.17cooperative integrated learning needs of the area;68.18(k) the effects of the proposed facility on the district's68.19operating budget;68.20(l) the level of collaboration at the facility between the68.21district and other governmental or nonprofit entities; and68.22(m) the extent to which the district has minimized68.23administrative overhead among facilities.68.24 (1) the geographic area and population to be served, 68.25 preschool through grade 12 student enrollments for the past five 68.26 years, and student enrollment projections for the next five 68.27 years; 68.28 (2) a list of existing facilities by year constructed, 68.29 their uses, and an assessment of the extent to which alternate 68.30 facilities are available within the school district boundaries 68.31 and in adjacent school districts; 68.32 (3) a list of the specific deficiencies of the facility 68.33 that demonstrate the need for a new or renovated facility to be 68.34 provided, and a list of the specific benefits that the new or 68.35 renovated facility will provide to the students, teachers, and 68.36 community users served by the facility; 69.1 (4) the relationship of the project to any priorities 69.2 established by the school district, educational cooperatives 69.3 that provide support services, or other public bodies in the 69.4 service area; 69.5 (5) a specification of how the project will increase 69.6 community use of the facility and whether and how the project 69.7 will increase collaboration with other governmental or nonprofit 69.8 entities; 69.9 (6) a description of the project, including the 69.10 specification of site and outdoor space acreage and square 69.11 footage allocations for classrooms, laboratories, and support 69.12 spaces; estimated expenditures for the major portions of the 69.13 project; and the dates the project will begin and be completed; 69.14 (7) a specification of the source of financing the project; 69.15 the scheduled date for a bond issue or school board action; a 69.16 schedule of payments, including debt service equalization aid; 69.17 and the effect of a bond issue on local property taxes by the 69.18 property class and valuation; 69.19 (8) an analysis of how the proposed new or remodeled 69.20 facility will affect school district operational or 69.21 administrative staffing costs, and how the district's operating 69.22 budget will cover any increased operational or administrative 69.23 staffing costs; 69.24 (9) a description of the consultation with local or state 69.25 road and transportation officials on school site access and 69.26 safety issues, and the ways that the project will address those 69.27 issues; 69.28 (10) a description of how indoor air quality issues have 69.29 been considered and a certification that the architects and 69.30 engineers designing the facility will have professional 69.31 liability insurance; 69.32 (11) as required under section 123B.72, for buildings 69.33 coming into service after July 1, 2002, a certification that the 69.34 plans and designs for the extensively renovated or new 69.35 facility's heating, ventilation, and air conditioning systems 69.36 will meet or exceed code standards; will provide for the 70.1 monitoring of outdoor airflow and total airflow of ventilation 70.2 systems; and will provide an indoor air quality filtration 70.3 system that meets ASHRAE standard 52.1; and 70.4 (12) a specification of any desegregation requirements that 70.5 cannot be met by any other reasonable means. 70.6 Sec. 9. Laws 2000, chapter 489, article 5, section 21, is 70.7 amended to read: 70.8 Sec. 21. [ONE-TIME DEFERRED MAINTENANCE AID.] 70.9 (a) For fiscal year 2001 only, a district's one-time 70.10 deferred maintenance aid is equal to: 70.11 (1) $10 times the adjusted marginal cost pupil units for 70.12 the school year; plus 70.13 (2) $21.90 times the adjusted marginal cost pupil units for 70.14 the school year for a district that does not qualify for 70.15 alternative facilities bonding under Minnesota Statutes, section 70.16 123B.59, or under Laws 1999, chapter 241, article 4, section 25. 70.17 (b) Aid received under this section must be used for 70.18 deferred maintenance, to make accessibility improvements, or to 70.19 make fire, safety, or health repairs. 70.20 (c) This aid is paid entirely in fiscal year 2001 based on 70.21 estimated data. By January 31, 2002, the department of 70.22 children, families, and learning shall recalculate the aid for 70.23 each district using actual data, and shall adjust the general 70.24 education aid paid to school districts for fiscal year 2002 by 70.25 the amount of the difference between the estimated aid and the 70.26 actual aid. 70.27 Sec. 10. [APPROPRIATIONS.] 70.28 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 70.29 LEARNING.] The sums indicated in this section are appropriated 70.30 from the general fund to the department of children, families, 70.31 and learning for the fiscal years designated. 70.32 Subd. 2. [HEALTH AND SAFETY AID.] For health and safety 70.33 aid according to Minnesota Statutes, section 123B.57, 70.34 subdivision 5: 70.35 $14,980,000 ..... 2002 70.36 $14,550,000 ..... 2003 71.1 The 2002 appropriation includes $1,480,000 for 2001 and 71.2 $13,500,000 for 2002. 71.3 The 2003 appropriation includes $1,500,000 for 2002 and 71.4 $13,050,000 for 2003. 71.5 Subd. 3. [DEBT SERVICE AID.] For debt service aid 71.6 according to Minnesota Statutes, section 123B.53, subdivision 6: 71.7 $25,989,000 ..... 2002 71.8 $.......... ..... 2003 71.9 The 2002 appropriation includes $2,890,000 for 2001 and 71.10 $23,099,000 for 2002. 71.11 The 2003 appropriation includes $2,567,000 for 2002 and 71.12 $.......... for 2003. 71.13 Subd. 4. [INTERACTIVE TELEVISION (ITV) AID.] For 71.14 interactive television (ITV) aid under Minnesota Statutes, 71.15 section 126C.40, subdivision 4: 71.16 $1,418,000 ..... 2002 71.17 $ 129,000 ..... 2003 71.18 The 2002 appropriation includes $260,000 for 2001 and 71.19 $1,158,000 for 2002. 71.20 The 2003 appropriation includes $129,000 for 2002 and $0 71.21 for 2003. 71.22 Subd. 5. [ALTERNATIVE FACILITIES BONDING AID.] For 71.23 alternative facilities bonding aid, according to Minnesota 71.24 Statutes, section 123B.59, subdivision 1: 71.25 $19,279,000 ..... 2002 71.26 $19,287,000 ..... 2003 71.27 The 2002 appropriation includes $1,921,000 for 2001 and 71.28 $17,358,000 for 2002. 71.29 The 2003 appropriation includes $1,929,000 for 2002 and 71.30 $17,358,000 for 2003. 71.31 Subd. 6. [TELECOMMUNICATION ACCESS COST REVENUE.] For 71.32 telecommunication access cost revenue under Minnesota Statutes, 71.33 section 125B.25: 71.34 $.......... ..... 2002 71.35 $ ......... ..... 2003 71.36 The 2002 appropriation includes $1,300,000 for 2001 and 72.1 $.......... for 2002. 72.2 The 2003 appropriation includes $......... for 2002 and 72.3 $....... for 2003. 72.4 If the appropriation amount is insufficient, the 72.5 commissioner shall reduce the reimbursement rate in Minnesota 72.6 Statutes, section 125B.25, subdivisions 5 and 6, and the revenue 72.7 for the 2001-2002 school year shall be prorated. The 72.8 reimbursement rate shall not exceed 100 percent. 72.9 Subd. 7. [FLOODS; DECLINING PUPIL AID.] For declining 72.10 pupil aid under Laws 1999, chapter 241, article 4, section 23: 72.11 $921,000 ..... 2002 72.12 Sec. 11. [REPEALER.] 72.13 Minnesota Statutes 2000, section 123B.71, subdivisions 3 72.14 and 10, are repealed. 72.15 ARTICLE 5 72.16 NUTRITION; SCHOOL ACCOUNTING; AND OTHER PROGRAMS 72.17 Section 1. [124D.1156] [FAST BREAK TO LEARNING BREAKFAST 72.18 PROGRAM.] 72.19 Subdivision 1. [ELIGIBILITY.] The commissioner shall 72.20 provide funding to the 41 targeted breakfast program grant 72.21 recipients under Laws 1997, First Special Session chapter 4, 72.22 article 6, section 19, and then to public or nonpublic 72.23 elementary schools that participate in the federal School 72.24 Breakfast and Lunch Programs where at least 33 percent of the 72.25 lunches served to children during the second preceding school 72.26 year were provided free or at a reduced price. Schools shall 72.27 not charge student households for fast break to learning meals. 72.28 Schools shall encourage all children to eat a nutritious 72.29 breakfast, either at home or at school, and shall work to 72.30 eliminate barriers to participation at school such as inadequate 72.31 facilities and transportation. 72.32 Subd. 2. [PROGRAM.] The fast break to learning school 72.33 breakfast program enables schools participating in the federal 72.34 School Breakfast and Lunch Programs to cover the costs for 72.35 school breakfast without charging student households. 72.36 Subd. 3. [PROGRAM REIMBURSEMENT.] State funds are provided 73.1 to reimburse fast break to learning school breakfasts. Each 73.2 school year, the state must reimburse schools for the difference 73.3 between the per meal federal rate of reimbursement and the per 73.4 meal state average cost. Meals that are reimbursed at a federal 73.5 rate that is equal to or higher than the state average cost do 73.6 not qualify for fast break to learning funds. Schools must use 73.7 the funds to provide school breakfast to school children every 73.8 day school is in session. 73.9 Sec. 2. [124D.1195] [COMMODITY DONATED FOOD REVOLVING 73.10 FUND.] 73.11 A revolving fund is established for the purpose of 73.12 depositing cash received for commodity donated foods that have 73.13 been lost, damaged, recalled, or diverted for processing. The 73.14 state shall use the fund to issue payments for the value of the 73.15 lost, damaged, recalled, or diverted commodity donated foods and 73.16 related costs. 73.17 Sec. 3. Minnesota Statutes 2000, section 127A.41, 73.18 subdivision 8, is amended to read: 73.19 Subd. 8. [APPROPRIATION TRANSFERS.] If a direct 73.20 appropriation from the general fund to the department for any 73.21 education aid or grant authorized in this chapter and chapters 73.22 122A, 123A, 123B, 124D, 125A, 126C, and 134, excluding 73.23 appropriations under sections 124D.135, 124D.16, 124D.20, 73.24 124D.21, 124D.22, 124D.52,124D.53124D.531, 124D.54, 124D.55, 73.25 and 124D.56, exceeds the amount required, the commissioner may 73.26 transfer the excess to any education aid or grant appropriation 73.27 that is insufficient. However, section 126C.20 applies to a 73.28 deficiency in the direct appropriation for general education 73.29 aid. Excess appropriations must be allocated proportionately 73.30 among aids or grants that have insufficient appropriations. The 73.31 commissioner of finance shall make the necessary transfers among 73.32 appropriations according to the determinations of the 73.33 commissioner. If the amount of the direct appropriation for the 73.34 aid or grant plus the amount transferred according to this 73.35 subdivision is insufficient, the commissioner shall prorate the 73.36 available amount among eligible districts. The state is not 74.1 obligated for any additional amounts. 74.2 Sec. 4. Minnesota Statutes 2000, section 127A.45, 74.3 subdivision 12, is amended to read: 74.4 Subd. 12. [PAYMENT PERCENTAGE FOR CERTAIN AIDS.] One 74.5 hundred percent of the aid for the current fiscal year must be 74.6 paid for the following aids: reimbursement for transportation 74.7 to post-secondary institutions, according to section 124D.09, 74.8 subdivision 22; aid for the program for adults with 74.9 disabilities, according to section 124D.56, subdivision 2; 74.10school lunch aid, according to section 124D.111;hearing 74.11 impaired support services aid, according to section 124D.57; 74.12 Indian post-secondary preparation grants according to section 74.13 124D.85; integration grants according to Laws 1989, chapter 329, 74.14 article 8, section 14, subdivision 3; and debt service aid 74.15 according to section 123B.53, subdivision 6. 74.16 Sec. 5. Minnesota Statutes 2000, section 127A.45, is 74.17 amended by adding a subdivision to read: 74.18 Subd. 14a. [STATE NUTRITION PROGRAMS.] Notwithstanding 74.19 subdivision 3, the state shall pay 100 percent of the aid for 74.20 the current year according to sections 124D.111, 124D.115, and 74.21 124D.118 and 90 percent of the aid for the current year 74.22 according to section 124D.1156 based on submitted monthly 74.23 vouchers showing meals and milk served. The remaining ten 74.24 percent according to section 124D.1156 shall be paid by October 74.25 30 of the following fiscal year. 74.26 Sec. 6. [OPERATING CAPITAL ACCOUNT DEFICIT; EXCEPTION.] 74.27 Notwithstanding Minnesota Statutes, section 123B.78, 74.28 subdivision 5, the commissioner of children, families, and 74.29 learning may allow independent school district No. 492, Austin, 74.30 to incur a deficit of up to $4,200,000 in its reserve for 74.31 capital operating account for the Westcott Field improvement 74.32 project. The deficit must be eliminated by June 30, 2011. Any 74.33 donations or contributions received by the district for the 74.34 Westcott Field improvement project must be deposited in the 74.35 reserve for capital operating account to repay the deficit. The 74.36 commissioner of children, families, and learning must certify 75.1 the financial viability of the Westcott Field improvement 75.2 project prior to approving authority under this section. 75.3 [EFFECTIVE DATE.] This section is effective the day 75.4 following final enactment. 75.5 Sec. 7. [APPROPRIATIONS.] 75.6 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 75.7 LEARNING.] The sums indicated in this section are appropriated 75.8 from the general fund to the department of children, families, 75.9 and learning for the fiscal years designated. 75.10 Subd. 2. [SCHOOL LUNCH.] (a) For school lunch aid 75.11 according to Minnesota Statutes, section 124D.111, and Code of 75.12 Federal Regulations, title 7, section 210.17, and for school 75.13 milk aid according to Minnesota Statutes, section 124D.118: 75.14 $8,710,000 ..... 2002 75.15 $8,950,000 ..... 2003 75.16 (b) Not more than $800,000 of the amount appropriated each 75.17 year may be used for school milk aid. 75.18 Subd. 3. [SCHOOL BREAKFAST.] For school breakfast aid 75.19 under Minnesota Statutes, section 124D.115: 75.20 $640,000 ..... 2002 75.21 $700,000 ..... 2003 75.22 Subd. 4. [SUMMER FOOD SERVICE REPLACEMENT AID.] For summer 75.23 food service replacement aid under Minnesota Statutes, section 75.24 124D.119: 75.25 $150,000 ..... 2002 75.26 $150,000 ..... 2003 75.27 Subd. 5. [FAST BREAK TO LEARNING GRANTS.] For fast break 75.28 to learning grants under Minnesota Statutes, section 124D.1156: 75.29 $2,446,000 ..... 2002 75.30 $2,839,000 ..... 2003 75.31 The 2002 appropriation includes $0 for 2001 and $2,446,000 75.32 for 2002. 75.33 The 2003 appropriation includes $272,000 for 2002 and 75.34 $2,567,000 for 2003. 75.35 Sec. 8. [REPEALER.] 75.36 Minnesota Statutes 2000, section 124D.1155, is repealed. 76.1 ARTICLE 6 76.2 TECHNICAL AMENDMENTS 76.3 Section 1. Minnesota Statutes 2000, section 122A.26, 76.4 subdivision 3, is amended to read: 76.5 Subd. 3. [ENGLISH AS A SECOND LANGUAGE.] Notwithstanding 76.6 subdivision 2, a person who possesses a bachelor's or master's 76.7 degree in English as a second language, applied linguistics, or 76.8 bilingual education, or who possesses a related degree as 76.9 approved by the commissioner, shall be permitted to teach 76.10 English as a second language in an adult basic education program 76.11 that receives funding under section124D.53124D.531. 76.12 Sec. 2. Minnesota Statutes 2000, section 124D.11, 76.13 subdivision 5, is amended to read: 76.14 Subd. 5. [SPECIAL EDUCATION AID.] Except as provided in 76.15 subdivision 2, special education aid must be paid to a charter 76.16 school according to section 125A.76, as though it were a school 76.17 district. The charter school may charge tuition to the district 76.18 of residence as provided in section 125A.11.The charter school76.19shall allocate its special education levy equalization revenue76.20to the resident districts of the pupils attending the charter76.21school. The districts of residence shall levy as though they76.22were participating in a cooperative, as provided in section76.23125A.77, subdivision 3.76.24 Sec. 3. Minnesota Statutes 2000, section 124D.454, 76.25 subdivision 11, is amended to read: 76.26 Subd. 11. [REVENUE ALLOCATION FROM COOPERATIVE CENTERS AND 76.27 INTERMEDIATE DISTRICTS.] For purposes of this sectionand76.28section 125A.77, a cooperative center or an intermediate 76.29 district must allocate its approved expenditures for transition 76.30 programs for children with a disability among participating 76.31 school districts. Aid for transition programs for children with 76.32 a disability for services provided by a cooperative or 76.33 intermediate district shall be paid to the participating 76.34 districts. 76.35 Sec. 4. Minnesota Statutes 2000, section 125A.17, is 76.36 amended to read: 77.1 125A.17 [LEGAL RESIDENCE OF A CHILD WITH A DISABILITY 77.2 PLACED IN A FOSTER FACILITY.] 77.3 The legal residence of a child with a disability placed in 77.4 a foster facility for care and treatment is the district in 77.5 which the child resides when: 77.6 (1) parental rights have been terminated by court order; 77.7 (2) the parent or guardian is not living within the state; 77.8 (3) no other district residence can be established; or 77.9 (4) the parent or guardian having legal custody of the 77.10 child is an inmate of a Minnesota correctional facility or is a 77.11 resident of a halfway house under the supervision of the 77.12 commissioner of corrections;77.13is the district in which the child resides. The school board of 77.14 the district of residence must provide the same educational 77.15 program for the child as it provides for all resident children 77.16 with a disability in the district. 77.17 Sec. 5. Minnesota Statutes 2000, section 127A.41, 77.18 subdivision 9, is amended to read: 77.19 Subd. 9. [APPROPRIATION TRANSFERS FOR COMMUNITY EDUCATION 77.20 PROGRAMS.] If a direct appropriation from the general fund to 77.21 the department of children, families, and learning for an 77.22 education aid or grant authorized under section 124D.135, 77.23 124D.16, 124D.20, 124D.21, 124D.22, 124D.52,124D.53124D.531, 77.24 124D.54, 124D.55, or 124D.56 exceeds the amount required, the 77.25 commissioner of children, families, and learning may transfer 77.26 the excess to any education aid or grant appropriation that is 77.27 insufficiently funded under these sections. Excess 77.28 appropriations shall be allocated proportionately among aids or 77.29 grants that have insufficient appropriations. The commissioner 77.30 of finance shall make the necessary transfers among 77.31 appropriations according to the determinations of the 77.32 commissioner of children, families, and learning. If the amount 77.33 of the direct appropriation for the aid or grant plus the amount 77.34 transferred according to this subdivision is insufficient, the 77.35 commissioner shall prorate the available amount among eligible 77.36 districts. The state is not obligated for any additional 78.1 amounts. 78.2 Sec. 6. [REPEALER.] 78.3 Laws 2000, chapter 254, section 30; and Laws 2000, chapter 78.4 489, article 1, section 18, are repealed. 78.5 ARTICLE 7 78.6 STATE AGENCIES 78.7 Section 1. Minnesota Statutes 2000, section 124D.10, 78.8 subdivision 1, is amended to read: 78.9 Subdivision 1. [PURPOSES.](a)The purpose of this section 78.10 is to: 78.11 (1) improve pupil learning; 78.12 (2) increase learning opportunities for pupils; 78.13 (3) encourage the use of different and innovative teaching 78.14 methods; 78.15 (4) require the measurement of learning outcomes and create 78.16 different and innovative forms of measuring outcomes; 78.17 (5) establish new forms of accountability for schools;or78.18 (6) create new professional opportunities for teachers, 78.19 including the opportunity to be responsible for the learning 78.20 program at the school site; 78.21 (7) test new and more accountable, results-based forms of 78.22 oversight and accountability for schools; 78.23 (8) focus state oversight on the role of sponsors of 78.24 charter schools; or 78.25 (9) encourage school boards to make full use of the 78.26 opportunities provided by this section. 78.27(b) This section does not provide a means to keep open a78.28school that otherwise would be closed. Applicants in these78.29circumstances bear the burden of proving that conversion to a78.30charter school fulfills a purpose specified in this subdivision,78.31independent of the school's closing.78.32 Sec. 2. [RETURN OF FUNDS TO PEW CHARITABLE TRUSTS.] 78.33 The commissioner of children, families, and learning must 78.34 return $113,423 of unspent funds received from the Pew 78.35 Charitable Trusts through the Trusts' agreement with the Amherst 78.36 H. Wilder Foundation that provided grants to the state of 79.1 Minnesota and certain local units of government in the state for 79.2 the period from June 9, 1994, through June 30, 1997, and the 79.3 subsequent agreement between Pew Charitable Trusts and the state 79.4 to extend the original grant period through June 30, 1998. The 79.5 commissioner of finance shall determine the time and manner in 79.6 which the department of children, families, and learning shall 79.7 return the $113,423 of unspent funds, plus interest as set by 79.8 the commissioner of finance, to the Pew Charitable Trusts. The 79.9 department of children, families, and learning must pay this 79.10 money from its existing budget. Money may not be appropriated 79.11 specifically for the purposes of this section. 79.12 Sec. 3. [APPROPRIATIONS; DEPARTMENT OF CHILDREN, FAMILIES, 79.13 AND LEARNING.] 79.14 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 79.15 LEARNING.] Unless otherwise indicated, the sums indicated in 79.16 this section are appropriated from the general fund to the 79.17 department of children, families, and learning for the fiscal 79.18 years designated. 79.19 Subd. 2. [DEPARTMENT.] For the department of children, 79.20 families, and learning: 79.21 $.......... ..... 2002 79.22 $.......... ..... 2003 79.23 Any balance in the first year does not cancel but is 79.24 available in the second year. 79.25 Sec. 4. [APPROPRIATIONS; PERPICH CENTER FOR ARTS 79.26 EDUCATION.] 79.27 The sums indicated in this section are appropriated from 79.28 the general fund to the Perpich center for arts education for 79.29 the fiscal years designated: 79.30 $......... ..... 2002 79.31 $......... ..... 2003 79.32 Any balance in the first year does not cancel but is 79.33 available in the second year. 79.34 Sec. 5. [APPROPRIATIONS; MINNESOTA STATE ACADEMIES.] 79.35 The sums indicated in this section are appropriated from 79.36 the general fund to the Minnesota state academies for the deaf 80.1 and the blind for the fiscal years designated: 80.2 $10,761,000 ..... 2002 80.3 $10,966,000 ..... 2003 80.4 Any balance in the first year does not cancel but is 80.5 available in the second year.