as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 08/14/1998 |
1.1 A bill for an act 1.2 relating to education; modifying fall payment date of 1.3 endowment fund earnings; clarifying adjustment of aids 1.4 and levies for reduced pupil unit weight for secondary 1.5 students; modifying funding adjustment for open 1.6 enrollment and other alternative attendance programs; 1.7 converting referendum authority to an allowance per 1.8 pupil unit; clarifying that district may convert to 1.9 ongoing referendum; allowing county apportionment 1.10 amounts to be recovered from state aids; adjusting 1.11 general education aid for pupils attending charter 1.12 schools; delaying repeal of statutes and rules needed 1.13 for funding computations; clarifying the elimination 1.14 of the capital expenditure and transportation funds; 1.15 modifying the special education due process hearing; 1.16 modifying the LEP funding formula to allow the base 1.17 year to roll forward; modifying calculation of 1.18 assurance of mastery aid to use fund balance pupil 1.19 units; clarifying tuition for special education excess 1.20 cost revenue; providing for adjustments for 1.21 alternative attendance programs in general revenue for 1.22 purposes of computing excess cost revenue; providing 1.23 for the computation of secondary vocational-disabled 1.24 revenue using current year data; modifying the 1.25 interagency early childhood intervention system; 1.26 requiring that community action programs participate 1.27 in family services collaboratives; removing exclusion 1.28 of school buses from bonding authority and limiting 1.29 total levy for equipment and facilities bonds; 1.30 providing for clarification and consistency of 1.31 facilities bonding; repealing the open enrollment 1.32 transportation appeal requirement; providing for 1.33 procedure for closed districts to consider applicants 1.34 for charter schools; modifying conversion of existing 1.35 schools to charter schools; modifying post-secondary 1.36 enrollment options program to include no payment for 1.37 no student attendance in class; expanding the number 1.38 of districts receiving year-round school/extended week 1.39 or day pilot program grants; repealing intermediate 1.40 district exception to post-secondary enrollment 1.41 options programs; eliminating the private alternative 1.42 program report; excluding transportation revenue from 1.43 general education revenue for charter schools; 1.44 providing for changes in transportation funding for 1.45 charter schools; removing obsolete references to 1.46 equipment revenue; modifying special education and 2.1 limited English proficiency aid for a charter school; 2.2 clarifying approved costs for a magnet school 2.3 facility; providing that a staff development 2.4 expenditure report include a breakdown of 2.5 expenditures; permitting public assistance data to be 2.6 used to determine eligibility for free school meals; 2.7 clarifying minimum number of school days; clarifying 2.8 statutory operating debt and adjusting the reporting 2.9 date; permitting new construction to be eligible for 2.10 public library accessibility grants; amending 2.11 Minnesota Statutes 1994, sections 120.062, subdivision 2.12 9; 120.101, subdivision 5b; 120.1701, subdivision 10; 2.13 121.8355, subdivision 1; 124.09; 124.19, subdivision 2.14 1; 124.2727, by adding a subdivision; 124.273, by 2.15 adding subdivisions; 124.311, subdivision 5; 124A.02, 2.16 subdivision 25; 124A.029, subdivision 4; 124A.03, 2.17 subdivision 3b, and by adding a subdivision; 124A.035, 2.18 subdivision 4; 124A.036, subdivision 5, and by adding 2.19 a subdivision; 124C.498, subdivision 3; and 134.45, 2.20 subdivision 5; Minnesota Statutes 1995 Supplement, 2.21 sections 13.46, subdivision 2; 120.064, subdivisions 4 2.22 and 4a; 120.17, subdivision 3b; 120.1701, subdivision 2.23 20; 121.917, subdivision 4; 123.3514, subdivisions 6 2.24 and 6b; 123.39, subdivision 6; 124.17, subdivision 1; 2.25 124.2445; 124.2455; 124.248, subdivisions 1, 1a, 2, 3, 2.26 and by adding a subdivision; 124.273, subdivisions 1c 2.27 and 1d; 124.323, subdivision 1; 124.574, subdivision 2.28 2g; 124A.0311, subdivision 2; 124C.498, subdivision 2; 2.29 126.70, subdivision 1; and 134.45, subdivision 2; Laws 2.30 1993, chapter 224, article 12, sections 32, as 2.31 amended; 39, as amended; and 41, as amended; Laws 2.32 1995, First Special Session chapter 3, article 7, 2.33 section 5, subdivision 4; repealing Minnesota Statutes 2.34 1994, sections 123.3514, subdivision 9; and 124A.03, 2.35 subdivision 3b; Laws 1991, chapter 265, article 4, 2.36 section 27. 2.37 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.38 ARTICLE 1 2.39 GENERAL REVENUE 2.40 Section 1. Minnesota Statutes 1994, section 124.09, is 2.41 amended to read: 2.42 124.09 [SCHOOL ENDOWMENT FUND, APPORTIONMENT.] 2.43 The school endowment fund shall be apportioned semiannually 2.44 by the commissioner, on the first Monday in March andOctober2.45 September in each year, to districts whose schools have been in 2.46 session at least nine months. The apportionment shall be in 2.47 proportion to the number of pupils in average daily membership 2.48 during the preceding year; provided, that apportionment shall 2.49 not be paid to a district for pupils for whom tuition is 2.50 received by the district. 2.51 Sec. 2. Minnesota Statutes 1995 Supplement, section 2.52 124.17, subdivision 1, is amended to read: 2.53 Subdivision 1. [PUPIL UNIT.] Pupil units for each resident 3.1 pupil in average daily membership shall be counted according to 3.2 this subdivision. 3.3 (a) A prekindergarten pupil with a disability who is 3.4 enrolled in a program approved by the commissioner and has an 3.5 individual education plan is counted as the ratio of the number 3.6 of hours of assessment and education service to 825 with a 3.7 minimum of 0.28, but not more than one. 3.8 (b) A prekindergarten pupil who is assessed but determined 3.9 not to be handicapped is counted as the ratio of the number of 3.10 hours of assessment service to 825. 3.11 (c) A kindergarten pupil with a disability who is enrolled 3.12 in a program approved by the commissioner is counted as the 3.13 ratio of the number of hours of assessment and education 3.14 services required in the fiscal year by the pupil's individual 3.15 education program plan to 875, but not more than one. 3.16 (d) A kindergarten pupil who is not included in paragraph 3.17 (c) is counted as .53 of a pupil unit for fiscal year 1995 and 3.18 thereafter. 3.19 (e) A pupil who is in any of grades 1 to 6 is counted as 3.20 1.06 pupil units for fiscal year 1995 and thereafter. 3.21 (f) For fiscal year 1996 and fiscal year 1997, a pupil who 3.22 is in any of grades 7 to 12 is counted as 1.3 pupil units. For 3.23 fiscal year 1998, a pupil who is in any of grades 7 to 12 is 3.24 counted as 1.25 pupil units. For fiscal year 1999 and later 3.25 years, a pupil who is in any of grades 7 to 12 is counted as 1.2 3.26 pupil units. 3.27 (g) For fiscal year 1996 and fiscal year 1997, a pupil who 3.28 is in the post-secondary enrollment options program is counted 3.29 as 1.3 pupil units. For fiscal year 1998, a pupil who is in the 3.30 post-secondary enrollment options program is counted as 1.25 3.31 pupil units. For fiscal year 1999 and later years, a pupil who 3.32 is in the post-secondary enrollment options program is counted 3.33 as 1.2 pupil units. 3.34 (h) In fiscal year 1998, thesum ofpupil units used in 3.35 computing a district's general education revenue and referendum 3.36 revenue may not be reduced by more than two percent due to the 4.1 reduction in the secondary pupil weight from 1.3 as specified in 4.2 paragraphs (f) and (g). In fiscal year 1999 and later years, 4.3 thesum ofpupil units used in computing a district's general 4.4 education revenue and referendum revenue may not be decreased by 4.5 more than four percent due to the reduction in the secondary 4.6 weight from 1.3 as specified in paragraphs (f) and (g). 4.7 Sec. 3. Minnesota Statutes 1995 Supplement, section 4.8 124.248, subdivision 1, is amended to read: 4.9 Subdivision 1. [GENERAL EDUCATION AND REFERENDUM REVENUE.] 4.10 (a) General education revenue shall be paid to a charter school 4.11 as though it were a school district. The general education 4.12 revenue for each pupil unit is the state average general 4.13 education revenue per pupil unit minus $170, calculated without 4.14 compensatory revenue, transportation sparsity revenue, and the 4.15 transportation portion of the transition revenue adjustment, 4.16 plus compensatory revenue as though the school were a school 4.17 district. 4.18 (b) Referendum revenue shall be paid to a charter school as 4.19 though it were a school district. The referendum revenue for 4.20 each pupil unit is the lesser of the state average referendum 4.21 equalization revenue per pupil unit or the referendum 4.22 equalization revenue per pupil unit of the district in which the 4.23 charter school is located. 4.24 Sec. 4. Minnesota Statutes 1995 Supplement, section 4.25 124.248, is amended by adding a subdivision to read: 4.26 Subd. 1b. [SCHOOL DISTRICT COOPERATION REVENUE.] (a) 4.27 School district cooperation aid shall be paid to a charter 4.28 school according to section 124.2727 as though it were a school 4.29 district. School district cooperation aid shall equal school 4.30 district cooperation revenue. 4.31 (b) A charter school must place its district cooperation 4.32 revenue in a reserved account and may only use the revenue to 4.33 purchase goods and services from entities formed for cooperative 4.34 purposes or to otherwise provide educational services in a 4.35 cooperative manner. Notwithstanding section 124.2727, 4.36 subdivision 6d, a charter school is not required to spend at 5.1 least $9 per pupil unit of its district cooperation revenue on 5.2 secondary vocational programs. 5.3 Sec. 5. Minnesota Statutes 1994, section 124.2727, is 5.4 amended by adding a subdivision to read: 5.5 Subd. 10. [ALTERNATIVE ATTENDANCE PROGRAMS.] The district 5.6 cooperation aid under subdivision 6c for districts must be 5.7 adjusted for each pupil attending a nonresident district under 5.8 sections 120.062, 120.075, 120.0751, 120.0752, 124C.45 to 5.9 124C.48, and 126.22. The adjustments must be made according to 5.10 this subdivision. 5.11 (a) Aid paid to a district of the pupil's residence must be 5.12 reduced by an amount equal to the revenue amount per actual 5.13 pupil unit of the resident district times the number of pupil 5.14 units of pupils enrolled in nonresident districts. 5.15 (b) Aid paid to a district serving nonresidents must be 5.16 increased by an amount equal to the revenue amount per actual 5.17 pupil unit of the nonresident district times the number of pupil 5.18 units of nonresident pupils enrolled in the district. 5.19 (c) If the amount of the reduction to be made from the aid 5.20 of a district is greater than the amount of aid otherwise due 5.21 the district, the excess reduction must be made from other state 5.22 aids due the district. 5.23 Sec. 6. Minnesota Statutes 1994, section 124A.029, 5.24 subdivision 4, is amended to read: 5.25 Subd. 4. [PER PUPIL REVENUEOPTIONCONVERSION.]A district5.26may, by school board resolution, request that the department5.27convert the levy authority under section 124.912, subdivisions 25.28and 3, or its current referendum revenue, excluding authority5.29based on a dollar amount, authorized before July 1, 1993, to an5.30allowance per pupil. The district must adopt a resolution and5.31submit a copy of the resolution to the department by July 1,5.321993.(a) The department shall convertaeach district's 5.33 referendum revenue authority for fiscal year19952002 and later 5.34 years to an allowance per pupil unit as follows: the revenue 5.35 allowance equals the amount determined by dividing the 5.36 district's maximum revenue under section 124A.03or 124.912,6.1subdivisions 2 and 3, for fiscal year19942001 by the 6.2 district's1993-19942000-2001 actual pupil units. A district's 6.3 maximum revenue for all later years for which the revenue is 6.4 authorized equals the revenue allowance times the district's 6.5 actual pupil units for that year.If a district has referendum6.6authority under section 124A.03 and levy authority under section6.7124.912, subdivisions 2 and 3, and the district requests that6.8each be converted, the department shall convert separate revenue6.9allowances for each. However, if a district's referendum6.10revenue is limited to a dollar amount, the maximum revenue under6.11section 124A.03 must not exceed that dollar amount. If the6.12referendum authority of a district is converted according to6.13this subdivision, and the question on the referendum ballot did6.14not provide for an expiration date, the authority shall expire6.15according to section 124A.0311.6.16 (b) The referendum allowance reduction shall be applied 6.17 first to the authority with the earliest expiration date. 6.18 Sec. 7. Minnesota Statutes 1994, section 124A.03, 6.19 subdivision 3b, is amended to read: 6.20 Subd. 3b. [FISCAL YEAR 1997 REFERENDUM ALLOWANCE 6.21 REDUCTION.] For fiscal year 1997, a district's referendum 6.22 allowance under subdivision 1c is reduced by the amounts 6.23 calculated in paragraphs (a), (b), (c), and (d). 6.24 (a) The referendum allowance reduction equals the amount by 6.25 which a district's supplemental revenue reduction exceeds the 6.26 district's supplemental revenue allowance for fiscal year 1993. 6.27 (b) Notwithstanding paragraph (a), if a district's initial 6.28 referendum allowance is less than ten percent of the formula 6.29 allowance for that year, the reduction equals the lesser of (1) 6.30 an amount equal to $100, or (2) the amount calculated in 6.31 paragraph (a). 6.32 (c) Notwithstanding paragraph (a) or (b), a school 6.33 district's referendum allowance reduction equals (1) an amount 6.34 equal to $100, times (2) one minus the ratio of 20 percent of 6.35 the formula allowance minus the district's initial referendum 6.36 allowance limit to 20 percent of the formula allowance for that 7.1 year if: 7.2 (i) the district's adjusted net tax capacity for assessment 7.3 year 1992 per actual pupil unit for fiscal year 1995 is less 7.4 than $3,000; 7.5 (ii) the district's net unappropriated operating fund 7.6 balance as of June 30, 1993, divided by the actual pupil units 7.7 for fiscal year 1995 is less than $200; 7.8 (iii) the district's supplemental revenue allowance for 7.9 fiscal year 1993 is equal to zero; and 7.10 (iv) the district's initial referendum revenue authority 7.11 for the current year divided by the district's net tax capacity 7.12 for assessment year 1992 is greater than ten percent. 7.13 (d) Notwithstanding paragraph (a), (b), or (c), the 7.14 referendum revenue reduction for a newly reorganized district is 7.15 computed as follows: 7.16 (1) for a newly reorganized district created effective July 7.17 1, 1994, the referendum revenue reduction equals the lesser of 7.18 the amount calculated for the combined district under paragraph 7.19 (a), (b), or (c), or the sum of the amounts by which each of the 7.20 reorganizing district's supplemental revenue reduction exceeds 7.21 its respective supplemental revenue allowances calculated for 7.22 the districts as if they were still in existence for fiscal year 7.23 1995; or 7.24 (2) for a newly reorganized district created after July 1, 7.25 1994, the referendum revenue reduction equals the lesser of the 7.26 amount calculated for the combined district under paragraph (a), 7.27 (b), or (c), or the sum of the amounts by which each of the 7.28 reorganizing district's supplemental revenue reduction exceeds 7.29 its respective supplemental revenue allowances calculated for 7.30 the year preceding the year of reorganization. 7.31 Sec. 8. Minnesota Statutes 1994, section 124A.03, is 7.32 amended by adding a subdivision to read: 7.33 Subd. 3c. [REFERENDUM ALLOWANCE REDUCTION.] For fiscal 7.34 year 1998 and later, a district's referendum allowance for 7.35 referendum authority under subdivision 1c is reduced as provided 7.36 in this subdivision. 8.1 (a) For referendum revenue authority approved before July 8.2 1, 1996, and effective for fiscal year 1997, the reduction 8.3 equals the amount of the reduction computed for fiscal year 1997 8.4 under subdivision 3b. 8.5 (b) For referendum revenue authority approved before July 8.6 1, 1996, and effective beginning in fiscal year 1998, the 8.7 reduction equals the amount of the reduction computed for fiscal 8.8 year 1998 under subdivision 3b. 8.9 (c) For referendum revenue authority approved after June 8.10 30, 1996, there is no reduction. 8.11 (d) For districts with more than one referendum authority, 8.12 the reduction shall be computed separately for each authority. 8.13 The reduction shall be applied first to authorities levied 8.14 against tax capacity, and then to authorities levied against 8.15 referendum market value. For districts with more than one 8.16 authority levied against net tax capacity or against referendum 8.17 market value, the referendum allowance reduction shall be 8.18 applied first to the authority with the earliest expiration date. 8.19 (e) For a newly reorganized district created after July 1, 8.20 1996, the referendum revenue reduction equals the lesser of the 8.21 amount calculated for the combined district, or the sum of the 8.22 amounts by which each of the reorganizing district's 8.23 supplemental revenue reduction exceeds its respective 8.24 supplemental revenue allowances calculated for the year 8.25 preceding the year of reorganization. 8.26 Sec. 9. Minnesota Statutes 1995 Supplement, section 8.27 124A.0311, subdivision 2, is amended to read: 8.28 Subd. 2. [CONVERSION TO MARKET VALUE.] (a) Prior to June 8.29 1, 1997, by June 1 of each year, a school board may, by 8.30 resolution of a majority of its board, convert any remaining 8.31 portion of its referendum authority under section 124A.03, 8.32 subdivision 2, that is authorized to be levied against net tax 8.33 capacity to referendum authority that is authorized to be levied 8.34 against the referendum market value of all taxable property 8.35 located within the school district. At the option of the school 8.36 board, any remaining portion of its referendum authority may be 9.1 converted in two or more parts at separate times. The 9.2 referendum authority may be converted from net tax capacity to 9.3 referendum market value according to a schedule adopted by 9.4 resolution of the school board for years prior to taxes payable 9.5 in 2001, provided that, for taxes payable in 2001 and later, the 9.6 full amount of the referendum authority is levied against 9.7 referendum market value. The board must notify the commissioner 9.8 of children, families, and learning of the amount of referendum 9.9 authority that has been converted from net tax capacity to 9.10 referendum market value, if any, by June 15, of each year. The 9.11 maximum length of a referendum converted under this paragraph is 9.12 ten years. 9.13 (b) For referendum levy amounts converted between June 1, 9.14 1997, and June 1, 1998, all other conditions of this subdivision 9.15 apply except that the maximum length of the referendum is 9.16 limited to seven years. 9.17 (c) For referendum levy amounts converted between June 1, 9.18 1998, and June 1, 1999, all other conditions of this subdivision 9.19 apply except that the maximum length of the referendum is 9.20 limited to six years. 9.21 (d) For referendum levy amounts converted between June 1, 9.22 1999, and June 1, 2000, all other conditions of this subdivision 9.23 apply except that the maximum length of the referendum is 9.24 limited to five years. 9.25 Sec. 10. Minnesota Statutes 1994, section 124A.035, 9.26 subdivision 4, is amended to read: 9.27 Subd. 4. [COUNTY APPORTIONMENT DEDUCTION.] Each year the 9.28 amount of money apportioned to a school district for that year 9.29 pursuant to section 124.10, subdivision 2, excluding any 9.30 district where the general education levy is determined 9.31 according to section 124A.23, subdivision 3, shall be deducted 9.32 from the general education aid earned by that district for the 9.33 same year or from aid earned from other state sources. 9.34 Sec. 11. Minnesota Statutes 1994, section 124A.036, 9.35 subdivision 5, is amended to read: 9.36 Subd. 5. [ALTERNATIVE ATTENDANCE PROGRAMS.] The general 10.1 education aid for districts must be adjusted for each pupil 10.2 attending a nonresident district under sections 120.062, 10.3 120.075, 120.0751, 120.0752, 124C.45 to 124C.48, and 126.22. 10.4 The adjustments must be made according to this subdivision. 10.5 (a) General education aid paid to a resident district must 10.6 be reduced by an amount equal to the sum of: (i) the general 10.7 education revenue exclusive of compensatory revenue, and (ii) 10.8 the referendum equalization revenue attributable to the pupil in 10.9 the resident district. 10.10 (b) General education aid paid to a district serving a 10.11 pupil in programs listed in this subdivision shall be increased 10.12 by an amount equal to the sum of: (i) the general education 10.13 revenue exclusive of compensatory revenue, and (ii) the 10.14 referendum equalization revenue attributable to the pupil in the 10.15 nonresident district. 10.16 (c) If the amount of the reduction to be made from the 10.17 general education aid of the resident district is greater than 10.18 the amount of general education aid otherwise due the district, 10.19 the excess reduction must be made from other state aids due the 10.20 district. 10.21 (d) The district of residence shall pay tuition to a 10.22 district or an area learning center, operated according to 10.23 paragraph (e), providing special instruction and services to a 10.24 pupil with a disability, as defined in section 120.03, or a 10.25 pupil, as defined in section 120.181, who is enrolled in a 10.26 program listed in this subdivision. The tuition shall be equal 10.27 to (1) the actual cost of providing special instruction and 10.28 services to the pupil, including a proportionate amount for debt 10.29 service and for capital expenditure facilities and equipment, 10.30 and debt service but not including any amount for 10.31 transportation, minus (2) the amount of general education aid, 10.32 the amount of capital expenditure facilities aid and capital 10.33 expenditure equipment aid received under section 124.245, 10.34 subdivision 6, and special education aid, attributable to that 10.35 pupil, that is received by the district providing special 10.36 instruction and services. 11.1 (e) An area learning center operated by an educational 11.2 cooperative service unit, intermediate district, education 11.3 district, or a joint powers cooperative may elect through the 11.4 action of the constituent boards to charge tuition for pupils 11.5 rather than to calculate general education aid adjustments under 11.6 paragraph (a), (b), or (c). The tuition must be equal to the 11.7 greater of the average general education revenue per pupil unit 11.8 attributable to the pupil, or the actual cost of providing the 11.9 instruction, excluding transportation costs, if the pupil meets 11.10 the requirements of section 120.03 or 120.181. 11.11 Sec. 12. Minnesota Statutes 1994, section 124A.036, is 11.12 amended by adding a subdivision to read: 11.13 Subd. 6. [CHARTER SCHOOLS.] The general education aid for 11.14 districts must be adjusted for each pupil attending a charter 11.15 school under section 120.064. The adjustments must be made 11.16 according to this subdivision. 11.17 (a) General education aid paid to a resident district must 11.18 be reduced by an amount equal to the sum of: (1) the general 11.19 education revenue exclusive of compensatory revenue; and (2) the 11.20 referendum equalization revenue attributable to the pupil in the 11.21 resident district. 11.22 (b) General education aid paid to a district in which a 11.23 charter school not providing transportation according to section 11.24 120.064, subdivision 15, is located shall be increased by an 11.25 amount equal to the product of: (1) the sum of $170, plus the 11.26 transportation sparsity allowance for the district, plus the 11.27 transportation transition allowance for the district; times (2) 11.28 the pupil units attributable to the pupil. 11.29 (c) If the amount of the reduction to be made from the 11.30 general education aid of the resident district is greater than 11.31 the amount of general education aid otherwise due the district, 11.32 the excess reduction must be made from other state aids due the 11.33 district. 11.34 Sec. 13. Laws 1993, chapter 224, article 12, section 32, 11.35 as amended by Laws 1993, chapter 374, section 22, as amended by 11.36 Laws 1995, First Special Session chapter 3, article 11, section 12.1 20, is amended to read: 12.2 Sec. 32. [REPEALER.] 12.3 (a) Minnesota Statutes 1992, sections 120.095; 120.101, 12.4 subdivision 5a; 120.75, subdivision 2; 120.80, subdivision 2; 12.5 121.11, subdivisions 6 and 13; 121.165; 121.19; 121.49; 121.883; 12.6 121.90; 121.901; 121.902; 121.904, subdivisions 5, 6, 8, 9, 10, 12.7 11a, and 11c; 121.908, subdivision 4; 121.9121, subdivisions 3 12.8 and 5; 121.931, subdivisions 6, 6a, 7, and 8; 121.934; 121.936 12.9 subdivisions 1, 2, and 3; 121.937; 121.94; 121.941; 121.942; 12.10 121.943; 123.33, subdivisions 10, 14, 15, and 16; 123.35, 12.11 subdivision 14; 123.352; 123.36, subdivisions 2, 3, 4, 4a, 6, 8, 12.12 9, and 12; 123.40, subdivisions 4 and 6; 123.61; 123.67; 12.13 123.709; 123.744; 124.615; 124.62; 124.64; 124.645; 124.67; 12.14 124.68; 124.69; 124.79; 125.12, subdivisions 3a and 4a; 125.17, 12.15 subdivisions 2a and 3a; 126.09; 126.111; 126.112; 126.20, 12.16 subdivision 4; 126.24; and 126.268, are repealed. 12.17 (b) Minnesota Statutes 1992, section 121.11, subdivision 12.18 15, is repealed. 12.19 (c) Minnesota Statutes 1992, sections120.101, subdivision12.205b;121.11, subdivision 16;121.585, subdivision 3;124.19, 12.21subdivisions 1,subdivision 1b, 6, and 7; 126.02; 126.025; 12.22 126.031; 126.06; 126.08; 126.12, subdivision 2; 126.662; 12.23 126.663; 126.664; 126.665; 126.666; 126.67; 126.68; 126A.04; 12.24 126A.05; 126A.07; 126A.08; 126A.09; 126A.10; 126A.11; and 12.25 126A.12, are repealed. 12.26 (d) Minnesota Statutes 1992, sections 120.101, subdivision 12.27 5b; 121.585, subdivision 3; 124.19, subdivisions 1, 6, and 7, 12.28 are repealed. 12.29 Sec. 14. Laws 1993, chapter 224, article 12, section 39, 12.30 as amended by Laws 1994, chapter 647, article 12, section 35, 12.31 and article 8, section 32, and Laws 1995, First Special Session 12.32 chapter 3, article 8, section 15, is amended to read: 12.33 Sec. 39. [REPEALER.] 12.34 (a) Minnesota Rules, parts 3500.0500; 3500.0600, subparts 1 12.35 and 2; 3500.0605; 3500.0800; 3500.1090; 3500.1800; 3500.2950; 12.36 3500.3100, subparts 1 to 3; 3500.3500; 3500.3600; 3500.4400; 13.1 3510.2200; 3510.2300; 3510.2400; 3510.2500; 3510.2600; 13.2 3510.6200; 3520.0200; 3520.0300; 3520.0600; 3520.1000; 13.3 3520.1200; 3520.1300; 3520.1800; 3520.2700; 3520.3802; 13.4 3520.3900; 3520.4500; 3520.4620; 3520.4630; 3520.4640; 13.5 3520.4680; 3520.4750; 3520.4761; 3520.4811; 3520.4831; 13.6 3520.4910; 3520.5330; 3520.5340; 3520.5370; 3520.5461; 13.7 3525.2850; 3530.0300; 3530.0600; 3530.0700; 3530.0800; 13.8 3530.1100; 3530.1300; 3530.1400; 3530.1600; 3530.1700; 13.9 3530.1800; 3530.1900; 3530.2000; 3530.2100; 3530.2800; 13.10 3530.2900; 3530.3100, subparts 2 to 4; 3530.3200, subparts 1 to 13.11 5; 3530.3400, subparts 1, 2, and 4 to 7; 3530.3500; 3530.3600; 13.12 3530.3900; 3530.4000; 3530.4100; 3530.5500; 3530.5700; 13.13 3530.6100; 3535.0800; 3535.1000; 3535.1400; 3535.1600; 13.14 3535.1800; 3535.1900; 3535.2100; 3535.2200; 3535.2600; 13.15 3535.2900; 3535.3100; 3535.3500; 3535.9930; 3535.9940; 13.16 3535.9950; 3540.0600; 3540.0700; 3540.0800; 3540.0900; 13.17 3540.1000; 3540.1100; 3540.1200; 3540.1300; 3540.1700; 13.18 3540.1800; 3540.1900; 3540.2000; 3540.2100; 3540.2200; 13.19 3540.2300; 3540.2400; 3540.2800; 3540.2900; 3540.3000; 13.20 3540.3100; 3540.3200; 3540.3300; 3540.3400; 3545.1000; 13.21 3545.1100; 3545.1200; 3545.2300; 3545.2700; 3545.3000; 13.22 3545.3002; 3545.3004; 3545.3005; 3545.3014; 3545.3022; 13.23 3545.3024; 8700.4200; 8700.6410; 8700.6800; 8700.7100; 13.24 8700.9000; 8700.9010; 8700.9020; and 8700.9030, are repealed. 13.25 (b) Minnesota Rules, parts 3520.1600; 3520.2400; 3520.2500; 13.26 3520.2600; 3520.2800; 3520.2900; 3520.3000; 3520.3100; 13.27 3520.3200; 3520.3400; 3520.3500; 3520.3680; 3520.3701; 13.28 3520.3801; 3520.4001; 3520.4100; 3520.4201; 3520.4301; 13.29 3520.4400; 3520.4510; 3520.4531; 3520.4540; 3520.4550; 13.30 3520.4560; 3520.4570; 3520.4600; 3520.4610; 3520.4650; 13.31 3520.4670; 3520.4701; 3520.4711; 3520.4720; 3520.4731; 13.32 3520.4741; 3520.4801; 3520.4840; 3520.4850; 3520.4900; 13.33 3520.4930; 3520.4980; 3520.5000; 3520.5010; 3520.5111; 13.34 3520.5120; 3520.5141; 3520.5151; 3520.5160; 3520.5171; 13.35 3520.5180; 3520.5190; 3520.5200; 3520.5220; 3520.5230; 13.36 3520.5300; 3520.5310; 3520.5361; 3520.5380; 3520.5401; 14.1 3520.5450; 3520.5471; 3520.5481; 3520.5490; 3520.5500; 14.2 3520.5510; 3520.5520; 3520.5531; 3520.5551; 3520.5560; 14.3 3520.5570; 3520.5580; 3520.5600; 3520.5611; 3520.5700; 14.4 3520.5710; 3520.5900; 3520.5910; 3520.5920; 3530.6500; 14.5 3530.6600; 3530.6700; 3530.6800; 3530.6900; 3530.7000; 14.6 3530.7100; 3530.7200; 3530.7300; 3530.7400; 3530.7500; 14.7 3530.7600; 3530.7700; and 3530.7800, are repealed. 14.8 (c) Minnesota Rules, parts 3500.1400; 3500.3700; 3510.0300; 14.9 3510.8100; 3510.8200; 3510.8300; 3510.8400; chapters 3515, 14.10 3517.3150; 3517.3170; 3517.3420; 3517.3450; 3517.3500; 14.11 3517.3650; 3517.8500; 3517.8600, and 3560, are repealed. 14.12 (d) Minnesota Rules, parts 3500.0710; 3500.1060; 3500.1075; 14.13 3500.1100; 3500.1150; 3500.1200, subpart 2; 3500.1500, subpart 14.14 2; 3500.1600; 3500.1900; 3500.2000; 3500.2020; 3500.2100; 14.15 3500.2900; 3500.5010; 3500.5020; 3500.5030; 3500.5040; 14.16 3500.5050; 3500.5060; 3500.5070; 3505.2700; 3505.2800; 14.17 3505.2900; 3505.3000; 3505.3100; 3505.3200; 3505.3300; 14.18 3505.3400; 3505.3500; 3505.3600; 3505.3700; 3505.3800; 14.19 3505.3900; 3505.4000; 3505.4100; 3505.4200; 3505.4400; 14.20 3505.4500; 3505.4600; 3505.4700; 3505.5100; 8700.2900; 14.21 8700.3000; 8700.3110; 8700.3120; 8700.3200; 8700.3300; 14.22 8700.3400; 8700.3500; 8700.3510; 8700.3600; 8700.3700; 14.23 8700.3810; 8700.3900; 8700.4000; 8700.4100; 8700.4300; 14.24 8700.4400; 8700.4500; 8700.4600; 8700.4710; 8700.4800; 14.25 8700.4901; 8700.4902; 8700.5100; 8700.5200; 8700.5300; 14.26 8700.5310; 8700.5311; 8700.5500; 8700.5501; 8700.5502; 14.27 8700.5503; 8700.5504; 8700.5505; 8700.5506; 8700.5507; 14.28 8700.5508; 8700.5509; 8700.5510; 8700.5511; 8700.5512; 14.29 8700.5800; 8700.6310; 8700.6900; 8700.7010; 8700.7700; 14.30 8700.7710; 8700.8000; 8700.8010; 8700.8020; 8700.8030; 14.31 8700.8040; 8700.8050; 8700.8060; 8700.8070; 8700.8080; 14.32 8700.8090; 8700.8110; 8700.8120; 8700.8130; 8700.8140; 14.33 8700.8150; 8700.8160; 8700.8170; 8700.8180; 8700.8190; 14.34 8750.0200; 8750.0220; 8750.0240; 8750.0260; 8750.0300; 14.35 8750.0320; 8750.0330; 8750.0350; 8750.0370; 8750.0390; 14.36 8750.0410; 8750.0430; 8750.0460; 8750.0500; 8750.0520; 15.1 8750.0600; 8750.0620; 8750.0700; 8750.0720; 8750.0740; 15.2 8750.0760; 8750.0780; 8750.0800; 8750.0820; 8750.0840; 15.3 8750.0860; 8750.0880; 8750.0890; 8750.0900; 8750.0920; 15.4 8750.1000; 8750.1100; 8750.1120; 8750.1200; 8750.1220; 15.5 8750.1240; 8750.1260; 8750.1280; 8750.1300; 8750.1320; 15.6 8750.1340; 8750.1360; 8750.1380; 8750.1400; 8750.1420; 15.7 8750.1440; 8750.1500; 8750.1520; 8750.1540; 8750.1560; 15.8 8750.1580; 8750.1600; 8750.1700; 8750.1800; 8750.1820; 15.9 8750.1840; 8750.1860; 8750.1880; 8750.1900; 8750.1920; 15.10 8750.1930; 8750.1940; 8750.1960; 8750.1980; 8750.2000; 15.11 8750.2020; 8750.2040; 8750.2060; 8750.2080; 8750.2100; 15.12 8750.2120; 8750.2140; 8750.4000; 8750.4100; 8750.4200; 15.13 8750.9000; 8750.9100; 8750.9200; 8750.9300; 8750.9400; 15.14 8750.9500; 8750.9600; and 8750.9700, are repealed. 15.15 (e) Minnesota Rules, parts 3510.0100; 3510.0200; 3510.0400; 15.16 3510.0500; 3510.0600; 3510.0800; 3510.1100; 3510.1200; 15.17 3510.1300; 3510.1400; 3510.1500; 3510.1600; 3510.2800; 15.18 3510.2900; 3510.3000; 3510.3200; 3510.3400; 3510.3500; 15.19 3510.3600; 3510.3700; 3510.3800; 3510.7200; 3510.7300; 15.20 3510.7400; 3510.7500; 3510.7600; 3510.7700; 3510.7900; 15.21 3510.8000; 3510.8500; 3510.8600; 3510.8700; 3510.9000; 15.22 3510.9100; 3517.0100; and 3517.0120, are repealed. 15.23 (f) Minnesota Rules, parts 3500.1200, subpart 1; and 15.24 3500.1500, subpart 1, are repealed. 15.25 Sec. 15. Laws 1993, chapter 224, article 12, section 41, 15.26 as amended by Laws 1995, First Special Session chapter 3, 15.27 article 8, section 16, is amended to read: 15.28 Sec. 41. [EFFECTIVE DATE.] 15.29 Sections 22 to 25 are effective July 1, 1995. 15.30 Section 32, paragraph (b), is effective July 1, 1995. 15.31 Section 32, paragraph (c), is effective August 1, 1996. Section 15.32 32, paragraph (d), is effective June 30, 1999. 15.33 Section 39, paragraph (b), is effective August 1, 1994. 15.34 Section 39, paragraph (c), is effective July 1, 1995. Section 15.35 39, paragraph (d), is effective August 1, 1996. Section 39, 15.36 paragraph (e), is effective July 1, 1996. Section 39, paragraph 16.1 (f), is effective June 30, 1999. 16.2 Sec. 16. [TRANSPORTATION AND CAPITAL EXPENDITURE FUNDS; 16.3 DISSOLUTION.] 16.4 Effective July 1, 1996, the transportation fund and the 16.5 capital expenditure fund of each school district or other unit 16.6 reporting under Minnesota Statutes, section 121.908, is 16.7 dissolved. The June 30, 1996, balances of the unreserved 16.8 transportation fund and reserved for bus purchase account shall 16.9 be transferred to the general fund unreserved balance. The June 16.10 30, 1996, balance of the capital expenditure facilities account 16.11 and capital expenditure equipment account shall be transferred 16.12 to the general fund reserved for operating capital account. The 16.13 June 30, 1996, balance of the reserved for health and safety 16.14 account shall be transferred to the general fund reserved for 16.15 health and safety account. The June 30, 1996, balance of the 16.16 reserved for disabled accessibility account shall be transferred 16.17 to the general fund reserved for disabled accessibility account. 16.18 Effective July 1, 1996, all revenues and expenditures formerly 16.19 accounted for in the capital expenditure fund and the 16.20 transportation fund shall be accounted for in the general fund. 16.21 Sec. 17. [REPEALER.] 16.22 Section 8 and Minnesota Statutes 1994, section 124A.03, 16.23 subdivision 3b, are repealed. 16.24 Sec. 18. [EFFECTIVE DATE.] 16.25 Section 17 is effective for revenue for fiscal year 2002. 16.26 ARTICLE 2 16.27 SPECIAL PROGRAMS 16.28 Section 1. Minnesota Statutes 1995 Supplement, section 16.29 120.17, subdivision 3b, is amended to read: 16.30 Subd. 3b. [PROCEDURES FOR DECISIONS.] Every district shall 16.31 utilize at least the following procedures for decisions 16.32 involving identification, assessment, and educational placement 16.33 of children with a disability: 16.34 (a) Parents and guardians shall receive prior written 16.35 notice of: 16.36 (1) any proposed formal educational assessment or proposed 17.1 denial of a formal educational assessment of their child; 17.2 (2) a proposed placement of their child in, transfer from 17.3 or to, or denial of placement in a special education program; or 17.4 (3) the proposed provision, addition, denial or removal of 17.5 special education services for their child; 17.6 (b) The district shall not proceed with the initial formal 17.7 assessment of a child, the initial placement of a child in a 17.8 special education program, or the initial provision of special 17.9 education services for a child without the prior written consent 17.10 of the child's parent or guardian. The refusal of a parent or 17.11 guardian to consent may be overridden by the decision in a 17.12 hearing held pursuant to clause (e) at the district's 17.13 initiative; 17.14 (c) Parents and guardians shall have an opportunity to meet 17.15 with appropriate district staff in at least one conciliation 17.16 conference, mediation, or other method of alternative dispute 17.17 resolution that the parties agree to, if they object to any 17.18 proposal of which they are notified pursuant to clause (a). The 17.19 conciliation process or other form of alternative dispute 17.20 resolution shall not be used to deny or delay a parent or 17.21 guardian's right to a due process hearing. If the parent or 17.22 guardian refuses efforts by the district to conciliate the 17.23 dispute with the school district, the requirement of an 17.24 opportunity for conciliation or other alternative dispute 17.25 resolution shall be deemed to be satisfied. Notwithstanding 17.26 other law, in any proceeding following a conciliation 17.27 conference, the school district must not offer a conciliation 17.28 conference memorandum into evidence, except for any portions 17.29 that describe the district's final proposed offer of service. 17.30 Otherwise, with respect to forms of dispute resolution, 17.31 mediation, or conciliation, Minnesota Rule of Evidence 408 17.32 applies. The department of children, families, and learning may 17.33 reimburse the districts or directly pay the costs of lay 17.34 advocates, not to exceed $150 per dispute, used in conjunction 17.35 with alternative dispute resolution. 17.36 (d) The commissioner shall establish a mediation process to 18.1 assist parents, school districts, or other parties to resolve 18.2 disputes arising out of the identification, assessment, or 18.3 educational placement of children with a disability. The 18.4 mediation process must be offered as an informal alternative to 18.5 the due process hearing provided under clause (e), but must not 18.6 be used to deny or postpone the opportunity of a parent or 18.7 guardian to obtain a due process hearing. 18.8 (e) Parents, guardians, and the district shall have an 18.9 opportunity to obtain an impartial due process hearing initiated 18.10 and conducted by and in the school district responsible for 18.11 assuring that an appropriate program is provided in accordance 18.12 with state board rules, if the parent or guardian continues to 18.13 object to: 18.14 (1) a proposed formal educational assessment or proposed 18.15 denial of a formal educational assessment of their child; 18.16 (2) the proposed placement of their child in, or transfer 18.17 of their child to a special education program; 18.18 (3) the proposed denial of placement of their child in a 18.19 special education program or the transfer of their child from a 18.20 special education program; 18.21 (4) the proposed provision or addition of special education 18.22 services for their child; or 18.23 (5) the proposed denial or removal of special education 18.24 services for their child. 18.25 Within five business days after the request for a hearing, 18.26 or as directed by the hearing officer, the objecting party shall 18.27 provide the other party with a brief written statement of 18.28 particulars of the objection, the reasons for the objection, and 18.29 the specific remedies sought. The other party shall provide the 18.30 objecting party with a written response to the statement of 18.31 objections within five business days of receipt of the statement. 18.32 The hearing shall take place before an impartial hearing 18.33 officer mutually agreed to by the school board and the parent or 18.34 guardian.If the school board and the parent or guardian are18.35unable to agree on aWithin three business days of the request 18.36 for the hearing, if the parties have not agreed on the hearing 19.1 officer, the school board shall request the commissioner to 19.2 appoint a hearing officer. The school board shall include with 19.3 request the name of the person requesting the hearing, the name 19.4 of the student, the attorneys involved, if any, and the date the 19.5 hearing was requested. The hearing officer shall not be a 19.6 school board member or employee of the school district where the 19.7 child resides or of the child's school district of residence, an 19.8 employee of any other public agency involved in the education or 19.9 care of the child, or any person with a personal or professional 19.10 interest which would conflict with the person's objectivity at 19.11 the hearing. A person who otherwise qualifies as a hearing 19.12 officer is not an employee of the district solely because the 19.13 person is paid by the district to serve as a hearing officer. 19.14 If the hearing officer requests an independent educational 19.15 assessment of a child, the cost of the assessment shall be at 19.16 district expense. The proceedings shall be recorded and 19.17 preserved, at the expense of the school district, pending 19.18 ultimate disposition of the action. 19.19 (f) The decision of the hearing officer pursuant to clause 19.20 (e) shall be rendered not more than 45 calendar days from the 19.21 date of the receipt of the request for the hearing, except that 19.22 hearing officers are encouraged to accelerate the timeline to 30 19.23 days for children birth through two whose needs change rapidly 19.24 and require quick resolution of complaints. A hearing officer 19.25 may not grant specific extensions of time beyond the 45-day 19.26 periodat the request of either partyunless requested by either 19.27 party for good cause shown. Continuances are to be used 19.28 sparingly. The decision of the hearing officer shall be binding 19.29 on all parties unless appealed to thehearing review19.30officercommissioner by the parent,; guardian, or the; 19.31 school board of the district where the child resides pursuant to 19.32 clause (g); or in the case of children birth through two, the 19.33 county board. 19.34 The local decision shall: 19.35 (1) be in writing; 19.36 (2) state the controlling facts upon which the decision is 20.1 made in sufficient detail to apprise the parties and the hearing 20.2 review officer of the basis and reason for the decision; and 20.3 (3)state whether the special education program or special20.4education services appropriate to the child's needs can be20.5reasonably provided within the resources available to the20.6responsible district or districts;20.7(4) state the amount and source of any additional district20.8expenditure necessary to implement the decision; and20.9(5)be based on the standards set forth in subdivision 3a 20.10 and the rules of the state board. 20.11 (g) Any local decision issued pursuant to clauses (e) and 20.12 (f) may be appealed to thehearing review officercommissioner 20.13 within 30 calendar days of receipt of that written decision, by 20.14 the parent, guardian, or the school board of the district 20.15 responsible for assuring that an appropriate program is provided 20.16 in accordance with state board rules. The appealing party shall 20.17 note the specific aspects of the hearing decision being appealed. 20.18 If the decision is appealed, a written transcript of the 20.19 hearing shall be made by the school district andshall be20.20accessibleprovided by the district to the parties involved and 20.21 the hearing review officer within five calendar days of the 20.22 filing of the appeal. The hearing review officer shall conduct 20.23 an appellate review and issue a final independent decision based 20.24 on an impartial review of the local decisionand the entire20.25recordwithin 30 calendar days after the filing of the appeal. 20.26 The hearing review officer shall seek additional evidence if 20.27 necessary and may afford the parties an opportunity for written 20.28 or oral argument; provided any hearing held to seek additional 20.29 evidence shall be an impartial due process hearing but shall be 20.30 deemed not to be a contested case hearing for purposes of 20.31 chapter 14. The hearing review officer may grant specific 20.32 extensions of time beyond the 30-day period at the request of 20.33 any party. 20.34 The final decision shall: 20.35 (1) be in writing; 20.36 (2) include findings and conclusions; and 21.1 (3) be based upon the standards set forth in subdivision 3a 21.2 and in the rules of the state board. 21.3 (h) The decision of the hearing review officer shall be 21.4 final unless appealed by the parent or guardian or school board 21.5 to the Minnesota court of appeals or federal district court as 21.6 provided by federal law. The judicial review shall be in 21.7 accordance with chapter 14. 21.8 (i) The commissioner of children, families, and learning 21.9 shall select an individual who has the qualifications enumerated 21.10 in this paragraph to serve as the hearing review officer: 21.11 (1) the individual must be knowledgeable and impartial; 21.12 (2) the individual must not have a personal interest in or 21.13 specific involvement with the student who is a party to the 21.14 hearing; 21.15 (3) the individual must not have been employed as an 21.16 administrator by the district that is a party to the hearing; 21.17 (4) the individual must not have been involved in the 21.18 selection of the administrators of the district that is a party 21.19 to the hearing; 21.20 (5) the individual must not have a personal, economic, or 21.21 professional interest in the outcome of the hearing other than 21.22 the proper administration of the federal and state laws, rules, 21.23 and policies; 21.24 (6) the individual must not have substantial involvement in 21.25 the development of a state or local policy or procedures that 21.26 are challenged in the appeal;and21.27 (7) the individual is not a current employee or board 21.28 member of a Minnesota public school district, education 21.29 district, intermediate unit or regional education agency, the 21.30 department of children, families, and learning, the state board 21.31 of education, or a parent advocacy organization or group; and 21.32 (8) the individual is not a current employee or board 21.33 member of a Minnesota parent advocacy organization or group. 21.34 (j) In all appeals, the parent or guardian of the pupil 21.35 with a disability or the district that is a party to the hearing 21.36 may challenge the impartiality or competence of the proposed 22.1 hearing review officer by applying to the hearing review officer. 22.2 (k) Pending the completion of proceedings pursuant to this 22.3 subdivision, unless the district and the parent or guardian of 22.4 the child agree otherwise, the child shall remain in the child's 22.5 current educational placement and shall not be denied initial 22.6 admission to school. 22.7 (l) The child's school district of residence, a resident 22.8 district, and providing district shall receive notice of and may 22.9 be a party to any hearings or appeals under this subdivision. 22.10 (m) A school district is not liable for harmless technical 22.11 violations of this subdivision or rules implementing this 22.12 subdivision if the school district can demonstrate on a 22.13 case-by-case basis that the violations did not harm the 22.14 student's educational progress or the parent or guardian's right 22.15 to notice, participation, or due process. 22.16 (n) Within ten calendar days after appointment, the hearing 22.17 officer shall schedule and hold a prehearing conference. At 22.18 that conference, or later, the hearing officer may take any 22.19 appropriate action that a court might take under Rule 16 of 22.20 Minnesota Rules of Civil Procedure including, but not limited 22.21 to, scheduling, jurisdiction, and listing witnesses including 22.22 expert witnesses. 22.23 (o) A hearing officer or hearing review officer appointed 22.24 under this subdivision shall be deemed to be an employee of the 22.25 state under section 3.732 for the purposes of section 3.736 only. 22.26 (p) In order to be eligible for selection, hearing officers 22.27 and hearing review officers shall participate in training and 22.28 follow procedures as designated by the commissioner. 22.29 (q) Irrelevant, immaterial, or repetitive evidence should 22.30 be excluded by the hearing officer. When a hearing will be 22.31 expedited, and the interests of the parties will not be 22.32 prejudiced substantially, the hearing officer may allow any part 22.33 of the evidence to be submitted in verified written form as long 22.34 as the individual providing the evidence is available for 22.35 cross-examination purposes. 22.36 Sec. 2. Minnesota Statutes 1994, section 120.1701, 23.1 subdivision 10, is amended to read: 23.2 Subd. 10. [PAYMENT FOR SERVICES.] Core early intervention 23.3 services shall be provided at public expense with no cost to 23.4 parents. Parents shall be requested to assist in the cost of 23.5 additional early intervention services by using third-party 23.6 payment sources and applying for available resources.If a23.7parent chooses not to access these resources, additional early23.8intervention services may not be provided.Payment structures 23.9 permitted under state law shall be used to pay for additional 23.10 early intervention services. Parental financial responsibility 23.11 shall be clearly defined in the individualized family service 23.12 plan. A parent's inability to pay shall not prohibit a child 23.13 from receiving needed early intervention services. 23.14 Sec. 3. Minnesota Statutes 1995 Supplement, section 23.15 120.1701, subdivision 20, is amended to read: 23.16 Subd. 20. [DUE PROCESS HEARINGS.]By July 1, 1994, the23.17departments of children, families, and learning, health, and23.18human services shall develop procedures for hearings.The 23.19 procedures for due process hearings and appeals shall be the 23.20 same as those in section 120.17, subdivision 3b. 23.21 Sec. 4. Minnesota Statutes 1995 Supplement, section 23.22 124.273, subdivision 1c, is amended to read: 23.23 Subd. 1c. [ADJUSTED LEP BASE REVENUE.] (a) A district's 23.24 adjusted limited English proficiency programs base revenue for 23.25 fiscal year 1996 and later equals the product of: 23.26 (1) the district's base revenue for limited English 23.27 proficiency programs under this section and section 124.321, 23.28 times 23.29 (2) the ratio of: 23.30 (i) the greater of 20 or the number of pupils of limited 23.31 English proficiency enrolled in the district during the current 23.32 fiscal year to 23.33 (ii) the greater of 20 or the number of pupils of limited 23.34 English proficiency enrolled in the district duringfiscalthe 23.35 base year1995. 23.36 (b) For the purposes of this section, the base year for 24.1 fiscal year 1996 is fiscal year 1995. The base year for later 24.2 fiscal years is the second fiscal year preceding the fiscal year 24.3 for which aid shall be paid. The current year is the fiscal 24.4 year for which aid shall be paid. 24.5 (c) For the purposes of this section, a teacher includes 24.6 nonlicensed personnel who provide direct instruction to students 24.7 of limited English proficiency under the supervision of a 24.8 licensed teacher. 24.9 Sec. 5. Minnesota Statutes 1995 Supplement, section 24.10 124.273, subdivision 1d, is amended to read: 24.11 Subd. 1d. [LEP BASE REVENUE.] The limited English 24.12 proficiency programs base revenue equals the sum of the 24.13 following amounts, computed usingfiscalbase year1995data: 24.14 (1) 68 percent of thesalaries paidsalary of one full-time 24.15 equivalent teacher for each 40 pupils of limited English 24.16 proficiencyprogram teachersenrolled, or 68 percent of the 24.17 salary of one-half of a full-time teacher in a district with 20 24.18 or fewer pupils of limited English proficiency enrolled; and 24.19 (2) for supplies and equipment purchased or rented for use 24.20 in the instruction of pupils of limited English proficiency an 24.21 amount equal to 47 percent of the sum actually spent by the 24.22 district but not to exceed an average of $47 in any one school 24.23 year for each pupil of limited English proficiency receiving 24.24 instruction. 24.25 Sec. 6. Minnesota Statutes 1994, section 124.273, is 24.26 amended by adding a subdivision to read: 24.27 Subd. 1f. [STATE TOTAL LEP REVENUE.] (a) The state total 24.28 limited English proficiency programs revenue for fiscal year 24.29 1996 equals $12,290,000. The state total limited English 24.30 proficiency programs revenue for fiscal year 1997 equals 24.31 $13,674,000. 24.32 (b) The state total limited English proficiency programs 24.33 revenue for later fiscal years equals: 24.34 (1) the state total limited English proficiency programs 24.35 revenue for the preceding fiscal year; times 24.36 (2) the program growth factor under section 124.3201, 25.1 subdivision 1; times 25.2 (3) the ratio of the state total number of pupils with 25.3 limited English proficiency for the current fiscal year to the 25.4 state total number of pupils with limited English proficiency 25.5 for the preceding fiscal year. 25.6 Sec. 7. Minnesota Statutes 1994, section 124.273, is 25.7 amended by adding a subdivision to read: 25.8 Subd 1g. [SCHOOL DISTRICT LEP REVENUE.] (a) A school 25.9 district's limited English proficiency programs revenue for 25.10 fiscal year 1996 and later equals the state total limited 25.11 English proficiency programs revenue, minus the amount 25.12 determined under paragraph (b), times the ratio of the 25.13 district's adjusted limited English proficiency programs base 25.14 revenue to the state total adjusted limited English proficiency 25.15 programs base revenue. 25.16 (b) Notwithstanding paragraph (a), if the limited English 25.17 proficiency programs base revenue for a district equals zero, 25.18 the limited English proficiency programs revenue equals the sum 25.19 of the following amounts, computed using current year data: 25.20 (1) 68 percent of the salary of one full-time equivalent 25.21 teacher for each 40 pupils of limited English proficiency 25.22 enrolled, or 68 percent of the salary of one-half of a full-time 25.23 teacher in a district with 20 or fewer pupils of limited English 25.24 proficiency enrolled; and 25.25 (2) for supplies and equipment purchased or rented for use 25.26 in the instruction of pupils of limited English proficiency an 25.27 amount equal to 47 percent of the sum actually spent by the 25.28 district but not to exceed an average of $47 in any one school 25.29 year for each pupil of limited English proficiency receiving 25.30 instruction. 25.31 Sec. 8. Minnesota Statutes 1994, section 124.311, 25.32 subdivision 5, is amended to read: 25.33 Subd. 5. [REVENUE AMOUNT.] Assurance of mastery revenue is 25.34 the sum of state and district money. The sum may equal up to 25.35 $45 for fiscal year 1991 and thereafter times the number 25.36 ofactualfund balance pupil units in kindergarten through grade 26.1 8 in the district. The district shall determine the amount of 26.2 money it will provide and the state shall provide an equal 26.3 amount of money. 26.4 Sec. 9. Minnesota Statutes 1995 Supplement, section 26.5 124.323, subdivision 1, is amended to read: 26.6 Subdivision 1. [DEFINITIONS.] In this section, the 26.7 definitions in this subdivision apply. 26.8 (a) "Unreimbursed special education cost" means the sum of 26.9 the following: 26.10 (1) expenditures for teachers' salaries, contracted 26.11 services, supplies, and equipment eligible for revenue under 26.12 sections 124.3201, 124.3202, and 124.321; plus 26.13 (2) expenditures for tuition bills received under section 26.14 120.17 for services eligible for revenue under sections 26.15 124.3201, subdivision 2, and 124.3202, subdivision 1; minus 26.16 (3) revenue for teachers' salaries, contracted services, 26.17 supplies, and equipment under sections 124.3201, 124.3202, and 26.18 124.321; minus 26.19 (4) tuition receipts under section 120.17 for services 26.20 eligible for revenue under sections 124.3201, subdivision 2, and 26.21 124.3202, subdivision 1. 26.22 (b) "General revenue," for fiscal year 1996, means the sum 26.23 of the general education revenue according to section 124A.22, 26.24 subdivision 1, as adjusted according to section 124A.036, 26.25 subdivision 5, plus the total referendum revenue according to 26.26 section 124A.03, subdivision 1e. For fiscal years 1997 and 26.27 later, "general revenue" means the sum of the general education 26.28 revenue according to section 124A.22, subdivision 1, as adjusted 26.29 according to section 124A.036, subdivision 5, plus the total 26.30 referendum revenue minus transportation sparsity revenue minus 26.31 total operating capital revenue. 26.32 Sec. 10. Minnesota Statutes 1995 Supplement, section 26.33 124.574, subdivision 2g, is amended to read: 26.34 Subd. 2g. [SCHOOL DISTRICT SECONDARY VOCATIONAL-DISABLED 26.35 REVENUE.] (a) A school district's secondary vocational-disabled 26.36 revenue for fiscal year 1996 and later equals the state total 27.1 secondary vocational-disabled revenue, minus the amount 27.2 determined under paragraph (b), times the ratio of the 27.3 district's adjusted secondary vocational-disabled base revenue 27.4 to the state total adjusted secondary vocational-disabled base 27.5 revenue. 27.6 (b) Notwithstanding paragraph (a), if the secondary 27.7 vocational-disabled base revenue for a district equals zero and 27.8 no district residents were enrolled in secondary 27.9 vocational-disabled programs during the base year, the secondary 27.10 vocational-disabled revenue equals the amount computed according 27.11 to subdivision 2d using current year data. 27.12 Sec. 11. [EFFECTIVE DATE.] 27.13 Sections 4 to 7, 9, and 10 are effective July 1, 1995. 27.14 ARTICLE 3 27.15 COMMUNITY PROGRAMS 27.16 Section 1. Minnesota Statutes 1994, section 121.8355, 27.17 subdivision 1, is amended to read: 27.18 Subdivision 1. [ESTABLISHMENT.] (a) In order to qualify as 27.19 a family services collaborative, a minimum of one school 27.20 district, one county,andone public health entity, and one 27.21 community action entity must agree in writing to provide 27.22 coordinated family services and commit resources to an 27.23 integrated fund. Collaboratives are expected to have broad 27.24 community representation, which may include other local 27.25 providers, including additional school districts, counties, and 27.26 public health entities, other municipalities, public libraries, 27.27 existing culturally specific community organizations, local 27.28 health organizations, private and nonprofit service providers, 27.29 child care providers, local foundations, community-based service 27.30 groups, businesses, local transit authorities or other 27.31 transportation providers, community action agencies under 27.32 section 268.53, senior citizen volunteer organizations, and 27.33 sectarian organizations that provide nonsectarian services. 27.34 (b) Community-based collaboratives composed of 27.35 representatives of schools, local businesses, local units of 27.36 government, parents, students, clergy, health and social 28.1 services providers, youth service organizations, and existing 28.2 culturally specific community organizations may plan and develop 28.3 services for children and youth. A community-based 28.4 collaborative must agree to collaborate with county, school 28.5 district, community action and public health entities. Their 28.6 services may include opportunities for children or youth to 28.7 improve child health and development, reduce barriers to 28.8 adequate school performance, improve family functioning, provide 28.9 community service, enhance self esteem, and develop general 28.10 employment skills. 28.11 ARTICLE 4 28.12 FACILITIES 28.13 Section 1. Minnesota Statutes 1995 Supplement, section 28.14 124.2445, is amended to read: 28.15 124.2445 [PURCHASE OF CERTAIN EQUIPMENT.] 28.16 The board of a school district may issue certificates of 28.17 indebtedness or capital notes subject to the school district 28.18 debt limits to purchase vehiclesother than school buses, 28.19 computers, telephone systems, cable equipment, photocopy and 28.20 office equipment, technological equipment for instruction, and 28.21 other capital equipment having an expected useful life at least 28.22 as long as the terms of the certificates or notes. The 28.23 certificates or notes must be payable in not more than five 28.24 years and must be issued on the terms and in the manner 28.25 determined by the board. The certificates or notes may be 28.26 issued by resolution and without the requirement for an 28.27 election. The certificates or notes are general obligation 28.28 bonds for purposes of section 124.755. A tax levy must be made 28.29 for the payment of the principal and interest on the 28.30 certificates or notes, in accordance with section 475.61, as in 28.31 the case of bonds.ThatThe sum of the taxlevylevies under 28.32 this section and section 124.2455, for each year must not exceed 28.33 the amount of the district's total operating capital revenue for 28.34 the year the initial debt service levies are certified. The 28.35 district's general education levy for each year must be reduced 28.36 by the amount of the tax levies for debt service certified for 29.1 each year for payment of the principal and interest on the 29.2 certificates or notes as required by section 475.61. 29.3 Sec. 2. Minnesota Statutes 1995 Supplement, section 29.4 124.2455, is amended to read: 29.5 124.2455 [BONDS FOR CERTAIN CAPITAL FACILITIES.] 29.6 (a) In addition to other bonding authority, with approval 29.7 of the commissioner, a school district may issue general 29.8 obligation bonds for certain capital projects under this 29.9 section. The bonds must be used only to make capital 29.10 improvements including: 29.11 (1) under section124.243, subdivision 6, capital29.12expenditure facilities124A.22, subdivision 11, total operating 29.13 capital revenue uses specified in clauses (4), (6), (7), (8), 29.14 (9), and (10); 29.15 (2) the cost of energy modifications; 29.16 (3) improving handicap accessibility to school buildings; 29.17 and 29.18 (4) bringing school buildings into compliance with life and 29.19 safety codes and fire codes. 29.20 (b) Before a district issues bonds under this subdivision, 29.21 it must publish notice of the intended projects, the amount of 29.22 the bond issue, and the total amount of district indebtedness. 29.23 (c) A bond issue tentatively authorized by the board under 29.24 this subdivision becomes finally authorized unless a petition 29.25 signed by more than 15 percent of the registered voters of the 29.26 school district is filed with the school board within 30 days of 29.27 the board's adoption of a resolution stating the board's 29.28 intention to issue bonds. The percentage is to be determined 29.29 with reference to the number of registered voters in the school 29.30 district on the last day before the petition is filed with the 29.31 school board. The petition must call for a referendum on the 29.32 question of whether to issue the bonds for the projects under 29.33 this section. The approval of 50 percent plus one of those 29.34 voting on the question is required to pass a referendum 29.35 authorized by this section. 29.36 (d)The bonds may be issued in a principal amount, that30.1when combined with interest thereon, will be paid off with not30.2more than 50 percent of current and anticipated revenue for30.3capital facilities under this section or a successor section for30.4the current year plus projected revenue not greater than that of30.5the current year for the next ten years. Once finally30.6authorized, the district must set aside the lesser of the amount30.7necessary to make the principal and interest payments or 5030.8percent of the current year's revenue for capital facilities30.9under this section or a successor section each year in a30.10separate account until all principal and interest on the bonds30.11is paid. The district must annually transfer this amount from30.12its capital fund to the debt redemption fund.The bonds must be 30.13 paid off within ten years of issuance. The bonds must be issued 30.14 in compliance with chapter 475, except as otherwise provided in 30.15 this section. A tax levy must be made for the payment of 30.16 principal and interest on the bonds in accordance with section 30.17 475.61. The sum of the tax levies under this section and 30.18 section 124.2455, for each year must not exceed the amount of 30.19 the district's total operating capital revenue for the year the 30.20 initial debt service levies are certified. The district's 30.21 general education levy for each year must be reduced by the 30.22 amount of the tax levies for debt service certified for each 30.23 year for payment of the principal and interest on the bonds. 30.24 (e) Notwithstanding paragraph (d), bonds issued by a 30.25 district within the first five years following voter approval of 30.26 a combination according to section 122.243, subdivision 2,bonds30.27may be issued in a principal amount, that when combined with30.28interest thereon, will be paid off with not more than 50 percent30.29of current and anticipated revenue for capital facilities under30.30this section or a successive section for the current year plus30.31projected revenue not greater than that of the current year for30.32the next 20 yearsmust be paid off within 20 years of issuance. 30.33 All the other provisions and limitation of paragraph (d) apply. 30.34 ARTICLE 5 30.35 EDUCATION EXCELLENCE 30.36 Section 1. Minnesota Statutes 1994, section 120.062, 31.1 subdivision 9, is amended to read: 31.2 Subd. 9. [TRANSPORTATION.] (a) If requested by the parent 31.3 of a pupil, the nonresident district shall provide 31.4 transportation within the district. The state shall pay 31.5 transportation aid to the district according to section 124.225. 31.6 The resident district is not required to provide or pay for 31.7 transportation between the pupil's residence and the border of 31.8 the nonresident district. A parent may be reimbursed by the 31.9 nonresident district for the costs of transportation from the 31.10 pupil's residence to the border of the nonresident district if 31.11 the pupil is from a family whose income is at or below the 31.12 poverty level, as determined by the federal government. The 31.13 reimbursement may not exceed the pupil's actual cost of 31.14 transportation or 15 cents per mile traveled, whichever is 31.15 less. Reimbursement may not be paid for more than 250 miles per 31.16 week. 31.17 At the time a nonresident district notifies a parent or 31.18 guardian that an application has been accepted under subdivision 31.19 5 or 6, the nonresident district must provide the parent or 31.20 guardian withthe followinginformation regarding the 31.21 transportation of nonresident pupils underthis section:31.22(1) a nonresident district may transport a pupil within the31.23pupil's resident district under this section only with the31.24approval of the resident district; and31.25(2) a parent or guardian of a pupil attending a nonresident31.26district under this section may appeal under section 123.39,31.27subdivision 6, the refusal of the resident district to allow the31.28nonresident district to transport the pupil within the resident31.29districtsection 123.39, subdivision 6. 31.30 (b) Notwithstanding paragraph (a) and section 124.225, 31.31 subdivision 8l, transportation provided by a nonresident 31.32 district between home and school for a pupil attending school 31.33 under this section is authorized for nonregular transportation 31.34 revenue under section 124.225, if the following criteria are met: 31.35 (1) the school that the pupil was attending prior to 31.36 enrolling in the nonresident district under this section was 32.1 closed; 32.2 (2) the distance from the closed school to the next nearest 32.3 school in the district that the student could attend is at least 32.4 20 miles; 32.5 (3) the pupil's residence is at least 20 miles from any 32.6 school that the pupil could attend in the resident district; and 32.7 (4) the pupil's residence is closer to the school of 32.8 attendance in the nonresident district than to any school the 32.9 pupil could attend in the resident district. 32.10 Sec. 2. Minnesota Statutes 1995 Supplement, section 32.11 120.064, subdivision 4, is amended to read: 32.12 Subd. 4. [FORMATION OF SCHOOL.] (a) A sponsor may 32.13 authorize one or more licensed teachers under section 125.05, 32.14 subdivision 1, to operate a charter school subject to approval 32.15 by the state board of education. If a school board elects not 32.16 to sponsor a charter school, the applicant may appeal the school 32.17 board's decision to the state board of education if two members 32.18 of the school board voted to sponsor the school. If a school 32.19 district is closed under section 120.062 and the school board 32.20 elects not to sponsor a charter school, the school board shall 32.21 forward the applicant's request to the state board. If the 32.22 state board authorizes the school, the state board shall sponsor 32.23 the school according to this section. The school shall be 32.24 organized and operated as a cooperative under chapter 308A or 32.25 nonprofit corporation under chapter 317A. 32.26 (b) Before the operators may form and operate a school, the 32.27 sponsor must file an affidavit with the state board of education 32.28 stating its intent to authorize a charter school. The affidavit 32.29 must state the terms and conditions under which the sponsor 32.30 would authorize a charter school. The state board must approve 32.31 or disapprove the sponsor's proposed authorization within 60 32.32 days of receipt of the affidavit. Failure to obtain state board 32.33 approval precludes a sponsor from authorizing the charter school 32.34 that was the subject of the affidavit. 32.35 (c) The operators authorized to organize and operate a 32.36 school shall hold an election for members of the school's board 33.1 of directors in a timely manner after the school is operating. 33.2 Any staff members who are employed at the school, including 33.3 teachers providing instruction under a contract with a 33.4 cooperative, and all parents of children enrolled in the school 33.5 may participate in the election. Licensed teachers employed at 33.6 the school, including teachers providing instruction under a 33.7 contract with a cooperative, must be a majority of the members 33.8 of the board of directors. A provisional board may operate 33.9 before the election of the school's board of directors. Board 33.10 of director meetings must comply with section 471.705. 33.11 (d) The granting or renewal of a charter by a sponsoring 33.12 entity shall not be conditioned upon the bargaining unit status 33.13 of the employees of the school. 33.14 Sec. 3. Minnesota Statutes 1995 Supplement, section 33.15 120.064, subdivision 4a, is amended to read: 33.16 Subd. 4a. [CONVERSION OF EXISTING SCHOOLS.] A school board 33.17 may convert one or more of its existing schools to charter 33.18 schools under this sectionif 90 percent of the full-time33.19teachers at the school sign a petition seeking conversion. The 33.20 conversion must occur at the beginning of an academic year. 33.21 Sec. 4. Minnesota Statutes 1995 Supplement, section 33.22 123.3514, subdivision 6, is amended to read: 33.23 Subd. 6. [FINANCIAL ARRANGEMENTS.] For a pupil enrolled in 33.24 a course under this section, the department of children, 33.25 families, and learning shall make payments according to this 33.26 subdivision for courses that were taken for secondary credit. 33.27 The department shall not make payments to a school district 33.28 or post-secondary institution for a course taken for 33.29 post-secondary credit only. The department shall not make 33.30 payments to a post-secondary institution for a course from which 33.31 a student officially withdraws during the first 14 days of the 33.32 quarter or semester or who has been absent from the 33.33 post-secondary institution for the first 15 consecutive school 33.34 days of the quarter or semester and is not receiving instruction 33.35 in the home or hospital. 33.36 A post-secondary institution shall receive the following: 34.1 (1) for an institution granting quarter credit, the 34.2 reimbursement per credit hour shall be an amount equal to 88 34.3 percent of the product of the formula allowance, multiplied by 34.4 1.3, and divided by 45; or 34.5 (2) for an institution granting semester credit, the 34.6 reimbursement per credit hour shall be an amount equal to 88 34.7 percent of the product of the general revenue formula allowance, 34.8 multiplied by 1.3, and divided by 30. 34.9 The department of children, families, and learning shall 34.10 pay to each post-secondary institution 100 percent of the amount 34.11 in clause (1) or (2) within 30 days of receiving initial 34.12 enrollment information each quarter or semester. If changes in 34.13 enrollment occur during a quarter or semester, the change shall 34.14 be reported by the post-secondary institution at the time the 34.15 enrollment information for the succeeding quarter or semester is 34.16 submitted. At any time the department of children, families, 34.17 and learning notifies a post-secondary institution that an 34.18 overpayment has been made, the institution shall promptly remit 34.19 the amount due. 34.20 Sec. 5. Minnesota Statutes 1995 Supplement, section 34.21 123.3514, subdivision 6b, is amended to read: 34.22 Subd. 6b. [FINANCIAL ARRANGEMENTS, PUPILS AGE 21 OR OVER.] 34.23 For a pupil enrolled in a course according to this section, the 34.24 department of children, families, and learning shall make 34.25 payments according to this subdivision for courses taken to 34.26 fulfill high school graduation requirements by pupils eligible 34.27 for adult high school graduation aid. 34.28 The department must not make payments to a school district 34.29 or post-secondary institution for a course taken for 34.30 post-secondary credit only. The department shall not make 34.31 payments to a post-secondary institution for a course from which 34.32 a student officially withdraws during the first 14 days of the 34.33 quarter or semester or who has been absent from the 34.34 post-secondary institution for the first 15 consecutive school 34.35 days of the quarter or semester and is not receiving instruction 34.36 in the home or hospital. 35.1 A post-secondary institution shall receive the following: 35.2 (1) for an institution granting quarter credit, the 35.3 reimbursement per credit hour shall be an amount equal to 88 35.4 percent of the product of the formula allowance, multiplied by 35.5 1.3, and divided by 45; or 35.6 (2) for an institution granting semester credit, the 35.7 reimbursement per credit hour shall be an amount equal to 88 35.8 percent of the product of the general revenue formula allowance 35.9 multiplied by 1.3, and divided by 30. 35.10 The department of children, families, and learning shall 35.11 pay to each post-secondary institution 100 percent of the amount 35.12 in clause (1) or (2) within 30 days of receiving initial 35.13 enrollment information each quarter or semester. If changes in 35.14 enrollment occur during a quarter or semester, the change shall 35.15 be reported by the post-secondary institution at the time the 35.16 enrollment information for the succeeding quarter or semester is 35.17 submitted. At any time the department of children, families, 35.18 and learning notifies a post-secondary institution that an 35.19 overpayment has been made, the institution shall promptly remit 35.20 the amount due. 35.21 A school district shall receive: 35.22 (1) for a pupil who is not enrolled in classes at a 35.23 secondary program, 12 percent of the general education formula 35.24 allowance times .65, times 1.3; or 35.25 (2) for a pupil who attends classes at a secondary program 35.26 part time, the general education formula allowance times .65, 35.27 times 1.3, times the ratio of the total number of hours the 35.28 pupil is in membership for courses taken by the pupil for credit 35.29 to 1020 hours. 35.30 Sec. 6. Minnesota Statutes 1995 Supplement, section 35.31 123.39, subdivision 6, is amended to read: 35.32 Subd. 6. For the purposes of this subdivision, a 35.33 "nonresident pupil" is a pupil who resides in one district, 35.34 defined as the "resident district" and attends school in another 35.35 district, defined as the "nonresident district." 35.36 A nonresident districtmayshall transport a nonresident 36.1 pupil within its borders and may transport a nonresident pupil 36.2 within the pupil's resident district.A nonresident district36.3may not transport a nonresident pupil on a school district owned36.4or contractor operated school bus within the pupil's resident36.5district without the approval of the resident district under36.6section 120.062.36.7The parent or guardian of a nonresident pupil attending a36.8nonresident district under section 120.062 may submit a written36.9request to the resident district asking that the resident36.10district allow the nonresident district to provide36.11transportation for the pupil within the pupil's resident36.12district. The resident district must approve or disapprove the36.13request, in writing, within 30 days. The parent or guardian may36.14appeal the refusal of the resident district to the commissioner36.15of children, families, and learning. The commissioner must act36.16on the appeal within 30 days.If a nonresident district decides 36.17 to transport a nonresident pupil within the pupil's resident 36.18 district, the nonresident district must notify the pupil's 36.19 resident district of its decision in writing prior to providing 36.20 transportation. 36.21 Sec. 7. Laws 1995, First Special Session chapter 3, 36.22 article 7, section 5, subdivision 4, is amended to read: 36.23 Subd. 4. [YEAR-ROUND SCHOOL/EXTENDED WEEK OR DAY PILOT 36.24 PROGRAM GRANTS.] For year-round school/extended week or day 36.25 pilot program grants: 36.26 $1,800,000 ..... 1996 36.27 $500,000 is for a grant to independent school district No. 36.28 624, White Bear Lake. 36.29 $500,000 is for a grant to independent school district No. 36.30 833, South Washington county. 36.31 $100,000 is for a grant to independent school district No. 36.32 911, Cambridge. 36.33 $300,000 is for a grant to independent school district No. 36.34 625, St. Paul. 36.35 $400,000 is for grants to two or more rural school 36.36 districts selected by the commissioner of education. 37.1 This appropriation is available until June 30, 1997. 37.2 Sec. 8. [REPEALER.] 37.3 Minnesota Statutes 1994, section 123.3514, subdivision 9; 37.4 and Laws 1991, chapter 265, article 4, section 27, are repealed. 37.5 ARTICLE 6 37.6 OTHER EDUCATION PROGRAMS 37.7 Section 1. Minnesota Statutes 1995 Supplement, section 37.8 124.248, subdivision 1a, is amended to read: 37.9 Subd. 1a. [TRANSPORTATION REVENUE.] Transportation revenue 37.10 shall be paid to a charter school that provides transportation 37.11 services according to section 120.064, subdivision 15,as though37.12it were a school districtaccording to this subdivision. 37.13 Transportation aid shall equal transportation revenue. 37.14 (a)For the first two years thatIn addition to the revenue 37.15 under subdivision 1, a charter schoolisproviding 37.16 transportation services, the regular transportation allowance37.17for the charter school shall be equal to the regular37.18transportation allowance for the school district in which the37.19charter school is located. For the third year of transportation37.20services and later fiscal years, the predicted base cost for the37.21charter school shall be equal to the predicted base cost for the37.22school district in which the charter school is locatedshall 37.23 receive general education aid for each pupil unit equal to the 37.24 sum of $170, plus the transportation sparsity allowance for the 37.25 school district in which the charter school is located, plus the 37.26 transportation transition allowance for the school district in 37.27 which the charter school is located. 37.28 (b) For the first two years that a charter school is 37.29 providing transportation services, thenonregularspecial 37.30 programs transportation revenue equals the charter school's 37.31 actual cost in the current school year fornonregular37.32 transportation services, minus the amount of regular37.33transportation revenue attributable to FTE's in the handicapped37.34category in the current school yearfor children with 37.35 disabilities under section 124.223, subdivisions 4, 5, 7, and 8. 37.36 For the third year of transportation services and later fiscal 38.1 years, thenonregularspecial programs transportation revenue 38.2 shall be computed according to section 124.225, subdivision7d,38.3paragraph (b)14. 38.4 Sec. 2. Minnesota Statutes 1995 Supplement, section 38.5 124.248, subdivision 2, is amended to read: 38.6 Subd. 2. [CAPITAL EXPENDITURE EQUIPMENTUSE OF TOTAL 38.7 OPERATING CAPITAL REVENUE.]Capital expenditure equipment aid38.8shall be paid to a charter school according to section 124.245,38.9subdivision 6, as though it were a school district.38.10Capital expenditure equipment aid shall equal capital38.11expenditure equipment revenue.Notwithstanding section124.24438.12 124A.22, subdivision411, a charter school may usethetotal 38.13 operating capital revenue for any purpose related to the school. 38.14 Sec. 3. Minnesota Statutes 1995 Supplement, section 38.15 124.248, subdivision 3, is amended to read: 38.16 Subd. 3. [SPECIAL EDUCATION AND LIMITED ENGLISH 38.17 PROFICIENCY AID.] Special education aid shall be paid to a 38.18 charter school according tosection 124.32sections 124.3201 and 38.19 124.3202 as though it were a school district. The charter 38.20 school may charge tuition to the district of residence as 38.21 provided in section 120.17, subdivision 4. Limited English 38.22 proficiency programs aid shall be paid to a charter school 38.23 according to section 124.273 as though it were a school 38.24 district. The charter school shall allocate its special 38.25 education levy equalization revenue to the resident districts of 38.26 the pupils attending the charter schoolas though it were a38.27cooperative, as provided in section 124.321, subdivision 2,38.28paragraph (a), clauses (1) and (3). The districts of residence 38.29 shall levy as though they were participating in a cooperative, 38.30 as provided in section 124.321, subdivision 3. 38.31 Sec. 4. Minnesota Statutes 1995 Supplement, section 38.32 124C.498, subdivision 2, is amended to read: 38.33 Subd. 2. [APPROVAL AUTHORITY; APPLICATION FORMS.] To the 38.34 extent money is available, the commissioner of children, 38.35 families, and learning may approve projects from applications 38.36 submitted under this section. The grant money must be used only 39.1 to predesign, acquire, design, construct, remodel, furnish, 39.2 equip, or improve the building or site of a magnet school 39.3 facility according to contracts entered into within 15 months 39.4 after the date on which a grant is awarded. 39.5 Sec. 5. Minnesota Statutes 1994, section 124C.498, 39.6 subdivision 3, is amended to read: 39.7 Subd. 3. [GRANT APPLICATION PROCESS.] (a) Any group of 39.8 school districts that meets the criteria required under 39.9 paragraph (b)(i) may apply for a magnet school grant in an 39.10 amount not to exceed $10,000,000 for the approved construction 39.11 costs of a magnet school facility. 39.12 (b)(i) Any group of districts that submits an application 39.13 for a grant shall submit a proposal to the commissioner for 39.14 review and comment under section 121.15, and the commissioner 39.15 shall prepare a review and comment on the proposed magnet school 39.16 facility, regardless of the amount of the capital expenditure 39.17 required to predesign, acquire, design, construct, remodel, 39.18 furnish, equip, or improve the facility. The commissioner must 39.19 not approve an application for a magnet school grant for any 39.20 facility unless the facility receives a favorable review and 39.21 comment under section 121.15 and the participating districts: 39.22 (1) establish a joint powers board under section 471.59 to 39.23 represent all participating districts and govern the magnet 39.24 school facility; 39.25 (2) design the planned magnet school facility to meet the 39.26 applicable requirements contained in Minnesota Rules, chapter 39.27 3535; 39.28 (3) submit a statement of need, including reasons why the 39.29 magnet school will facilitate integration and improve learning; 39.30 (4) prepare an educational plan that includes input from 39.31 both community and professional staff; and 39.32 (5) develop an education program that will improve learning 39.33 opportunities for students attending the magnet school. 39.34 (ii) The districts may develop a plan that permits social 39.35 service, health, and other programs serving students and 39.36 community residents to be located within the magnet school 40.1 facility. The commissioner shall consider this plan when 40.2 preparing a review and comment on the proposed facility. 40.3 (c) When two or more districts enter into an agreement 40.4 establishing a joint powers board to govern the magnet school 40.5 facility, all member districts shall have the same powers. 40.6 (d) A joint powers board of participating school districts 40.7 established under paragraphs (b) and (c) that intends to apply 40.8 for a grant shall adopt a resolution stating the costs of the 40.9 proposed project, the purpose for which the debt is to be 40.10 incurred, and an estimate of the dates when the contracts for 40.11 the proposed project will be completed. A copy of the 40.12 resolution must accompany any application for a state grant 40.13 under this section. 40.14 (e)(i) The commissioner shall examine and consider all 40.15 grant applications. If the commissioner finds that any joint 40.16 powers district is not a qualified grant applicant, the 40.17 commissioner shall promptly notify that joint powers board. The 40.18 commissioner shall make awards to no more than two qualified 40.19 applicants whose applications have been on file with the 40.20 commissioner more than 30 days. 40.21 (ii) A grant award is subject to verification by the joint 40.22 powers board under paragraph (f). A grant award must not be 40.23 made until the participating districts determine the site of the 40.24 magnet school facility. If the total amount of the approved 40.25 applications exceeds the amount of grant funding that is or can 40.26 be made available, the commissioner shall allot the available 40.27 amount equally between the approved applicant districts. The 40.28 commissioner shall promptly certify to each qualified joint 40.29 powers board the amount, if any, of the grant awarded to it. 40.30 (f) Each grant must be evidenced by a contract between the 40.31 joint powers board and the state acting through the 40.32 commissioner. The contract obligates the state to pay to the 40.33 joint powers board an amount computed according to paragraph 40.34 (e)(ii) and a schedule, and terms and conditions acceptable to 40.35 the commissioner of finance. 40.36 Sec. 6. Minnesota Statutes 1995 Supplement, section 41.1 126.70, subdivision 1, is amended to read: 41.2 Subdivision 1. [STAFF DEVELOPMENT COMMITTEE.] A school 41.3 board shall use the revenue authorized in section 124A.29 for 41.4 in-service education for programs under section 126.77, 41.5 subdivision 2, or for staff development plans under this 41.6 section. The board must establish a staff development committee 41.7 to develop the plan, assist site decision-making teams in 41.8 developing a site plan consistent with the goals of the plan, 41.9 and evaluate staff development efforts at the site level. A 41.10 majority of the advisory committee must be teachers representing 41.11 various grade levels, subject areas, and special education. The 41.12 advisory committee must also include nonteaching staff, parents, 41.13 and administrators. Districts shall report staff development 41.14 results and expenditures to the commissioner in the form and 41.15 manner determined by the commissioner. The expenditure report 41.16 shall include expenditures by the school board for district 41.17 level activities and expenditures made by the staff. The report 41.18 shall provide a breakdown of expenditures for curriculum 41.19 development and programs, other in-service education, teacher's 41.20 workshops, teacher conferences, the cost of substitute teachers 41.21 for staff development purposes, and other related costs for 41.22 staff development efforts. The commissioner shall report the 41.23 staff development expenditure data to the education committees 41.24 of the legislature by February 15 each year. 41.25 ARTICLE 7 41.26 MISCELLANEOUS 41.27 Section 1. Minnesota Statutes 1995 Supplement, section 41.28 13.46, subdivision 2, is amended to read: 41.29 Subd. 2. [GENERAL.] (a) Unless the data is summary data or 41.30 a statute specifically provides a different classification, data 41.31 on individuals collected, maintained, used, or disseminated by 41.32 the welfare system is private data on individuals, and shall not 41.33 be disclosed except: 41.34 (1) pursuant to section 13.05; 41.35 (2) pursuant to court order; 41.36 (3) pursuant to a statute specifically authorizing access 42.1 to the private data; 42.2 (4) to an agent of the welfare system, including a law 42.3 enforcement person, attorney, or investigator acting for it in 42.4 the investigation or prosecution of a criminal or civil 42.5 proceeding relating to the administration of a program; 42.6 (5) to personnel of the welfare system who require the data 42.7 to determine eligibility, amount of assistance, and the need to 42.8 provide services of additional programs to the individual; 42.9 (6) to administer federal funds or programs; 42.10 (7) between personnel of the welfare system working in the 42.11 same program; 42.12 (8) the amounts of cash public assistance and relief paid 42.13 to welfare recipients in this state, including their names, 42.14 social security numbers, income, addresses, and other data as 42.15 required, upon request by the department of revenue to 42.16 administer the property tax refund law, supplemental housing 42.17 allowance, early refund of refundable tax credits, and the 42.18 income tax. "Refundable tax credits" means the dependent care 42.19 credit under section 290.067, the Minnesota working family 42.20 credit under section 290.0671, the property tax refund under 42.21 section 290A.04, and, if the required federal waiver or waivers 42.22 are granted, the federal earned income tax credit under section 42.23 32 of the Internal Revenue Code; 42.24 (9) to the Minnesota department of economic security for 42.25 the purpose of monitoring the eligibility of the data subject 42.26 for reemployment insurance, for any employment or training 42.27 program administered, supervised, or certified by that agency, 42.28 or for the purpose of administering any rehabilitation program, 42.29 whether alone or in conjunction with the welfare system, and to 42.30 verify receipt of energy assistance for the telephone assistance 42.31 plan; 42.32 (10) to appropriate parties in connection with an emergency 42.33 if knowledge of the information is necessary to protect the 42.34 health or safety of the individual or other individuals or 42.35 persons; 42.36 (11) data maintained by residential programs as defined in 43.1 section 245A.02 may be disclosed to the protection and advocacy 43.2 system established in this state pursuant to Part C of Public 43.3 Law Number 98-527 to protect the legal and human rights of 43.4 persons with mental retardation or other related conditions who 43.5 live in residential facilities for these persons if the 43.6 protection and advocacy system receives a complaint by or on 43.7 behalf of that person and the person does not have a legal 43.8 guardian or the state or a designee of the state is the legal 43.9 guardian of the person; 43.10 (12) to the county medical examiner or the county coroner 43.11 for identifying or locating relatives or friends of a deceased 43.12 person; 43.13 (13) data on a child support obligor who makes payments to 43.14 the public agency may be disclosed to the higher education 43.15 services office to the extent necessary to determine eligibility 43.16 under section 136A.121, subdivision 2, clause (5); 43.17 (14) participant social security numbers and names 43.18 collected by the telephone assistance program may be disclosed 43.19 to the department of revenue to conduct an electronic data match 43.20 with the property tax refund database to determine eligibility 43.21 under section 237.70, subdivision 4a; 43.22 (15) the current address of a recipient of aid to families 43.23 with dependent children may be disclosed to law enforcement 43.24 officers who provide the name and social security number of the 43.25 recipient and satisfactorily demonstrate that: (i) the 43.26 recipient is a fugitive felon, including the grounds for this 43.27 determination; (ii) the location or apprehension of the felon is 43.28 within the law enforcement officer's official duties; and (iii) 43.29 the request is made in writing and in the proper exercise of 43.30 those duties; 43.31 (16) the current address of a recipient of general 43.32 assistance, work readiness, or general assistance medical care 43.33 may be disclosed to probation officers and corrections agents 43.34 who are supervising the recipient, and to law enforcement 43.35 officers who are investigating the recipient in connection with 43.36 a felony level offense; 44.1 (17) information obtained from food stamp applicant or 44.2 recipient households may be disclosed to local, state, or 44.3 federal law enforcement officials, upon their written request, 44.4 for the purpose of investigating an alleged violation of the 44.5 food stamp act, in accordance with Code of Federal Regulations, 44.6 title 7, section 272.1(c); 44.7 (18) data on a child support obligor who is in arrears may 44.8 be disclosed for purposes of publishing the data pursuant to 44.9 section 518.575; 44.10 (19) data on child support payments made by a child support 44.11 obligor may be disclosed to the obligee;or44.12 (20) data in the work reporting system may be disclosed 44.13 under section 256.998, subdivision 7; or 44.14 (21) to the Minnesota department of children, families, and 44.15 learning for the purpose of matching department of children, 44.16 families, and learning student records to public assistance 44.17 records to determine students eligible for free and reduced 44.18 price meals, meal supplements, and free milk pursuant to United 44.19 States Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, 44.20 and 1773; to produce accurate numbers of students receiving aid 44.21 to families with dependent children as required by section 44.22 124.175; and to allocate federal and state resources that are 44.23 distributed based on income of the student's family. 44.24 (b) Information on persons who have been treated for drug 44.25 or alcohol abuse may only be disclosed in accordance with the 44.26 requirements of Code of Federal Regulations, title 42, sections 44.27 2.1 to 2.67. 44.28 (c) Data provided to law enforcement agencies under 44.29 paragraph (a), clause (15), (16), or (17), or paragraph (b), are 44.30 investigative data and are confidential or protected nonpublic 44.31 while the investigation is active. The data are private after 44.32 the investigation becomes inactive under section 13.82, 44.33 subdivision 5, paragraph (a) or (b). 44.34 (d) Mental health data shall be treated as provided in 44.35 subdivisions 7, 8, and 9, but is not subject to the access 44.36 provisions of subdivision 10, paragraph (b). 45.1 Sec. 2. Minnesota Statutes 1994, section 120.101, 45.2 subdivision 5b, is amended to read: 45.3 Subd. 5b. [INSTRUCTIONAL DAYS.] Every child required to 45.4 receive instruction according to subdivision 5 shall receive 45.5 instruction for at least 170 daysthrough the 1995-1996each 45.6 school year, and for later years, at least the number of days45.7per school year in the following schedule:45.8(1) 1996-1997, 174;45.9(2) 1997-1998, 176;45.10(3) 1998-1999, 178;45.11(4) 1999-2000, 180;45.12(5) 2000-2001, 182;45.13(6) 2001-2002, 184;45.14(7) 2002-2003, 186;45.15(8) 2003-2004, 188; and45.16(9) 2004-2005, and later school years, 190. 45.17 Sec. 3. Minnesota Statutes 1995 Supplement, section 45.18 121.917, subdivision 4, is amended to read: 45.19 Subd. 4. (1) If the net negativeundesignated45.20 unappropriated operating fund balancein all the funds of a45.21school district, other than statutory operating debt pursuant to45.22section 121.914, capital expenditure, building construction,45.23debt service, trust and agency, and post-secondary vocational45.24technical education fundsas defined in section 124A.02, 45.25 subdivision 25, calculated in accordance with the uniform 45.26 financial accounting and reporting standards for Minnesota 45.27 school districts, as of June 30 each year, is more than 2-1/2 45.28 percent of the year's expenditure amount, the district shall, 45.29 prior toSeptember 15January 31 of the next fiscal year, submit 45.30 a special operating plan to reduce the district's deficit 45.31 expenditures to the commissioner of children, families, and 45.32 learning for approval. The commissioner may also require the 45.33 district to provide evidence that the district meets and will 45.34 continue to meet all of the curriculum requirements of the state 45.35 board. 45.36 Notwithstanding any other law to the contrary, a district 46.1 submitting a special operating plan to the commissioner under 46.2 this clause which is disapproved by the commissioner shall not 46.3 receive any aid pursuant to chapters 124 and 124A until a 46.4 special operating plan of the district is so approved. 46.5 (2) A district shall receive aids pending the approval of 46.6 its special operating plan under clause (1). A district which 46.7 complies with its approved operating plan shall receive aids as 46.8 long as the district continues to comply with the approved 46.9 operating plan. 46.10 Sec. 4. Minnesota Statutes 1994, section 124.19, 46.11 subdivision 1, is amended to read: 46.12 Subdivision 1. [INSTRUCTIONAL TIME.] Every district shall 46.13 maintain school in session or provide instruction in other 46.14 districts for at least 175 daysthrough the 1995-1996each 46.15 school yearand the number of days required in subdivision 1b46.16thereafter, not including summer school, or the equivalent in a 46.17 district operating a flexible school year program. A district 46.18 that holds school for the required minimum number of days and is 46.19 otherwise qualified is entitled to state aid as provided by 46.20 law. If school is not held for the required minimum number of 46.21 days, state aid shall be reduced by the ratio that the 46.22 difference between the required number of days and the number of 46.23 days school is held bears to the required number of days, 46.24 multiplied by 60 percent of the basic revenue, as defined in 46.25 section 124A.22, subdivision 2, of the district for that year. 46.26 However, districts maintaining school for fewer than the 46.27 required minimum number of days do not lose state aid (1) if the 46.28 circumstances causing loss of school days below the required 46.29 minimum number of days are beyond the control of the board, (2) 46.30 if proper evidence is submitted, and (3) if a good faith attempt 46.31 is made to make up time lost due to these circumstances. The 46.32 loss of school days resulting from a lawful employee strike 46.33 shall not be considered a circumstance beyond the control of the 46.34 board. Days devoted to meetings authorized or called by the 46.35 commissioner may not be included as part of the required minimum 46.36 number of days of school. For grades 1 to 12, days devoted to 47.1 parent-teacher conferences, teachers' workshops, or other staff 47.2 development opportunities as part of the required minimum number 47.3 of days must not exceed five daysthrough the 1995-1996each 47.4 school yearand for subsequent school years the difference47.5between the number of days required in subdivision 1b and the47.6number of instructional days required in subdivision 5b. For 47.7 kindergarten, days devoted to parent-teacher conferences, 47.8 teachers' workshops, or other staff development opportunities as 47.9 part of the required minimum number of days must not exceed 47.10 twice the number of days for grades 1 to 12. 47.11 Sec. 5. Minnesota Statutes 1994, section 124A.02, 47.12 subdivision 25, is amended to read: 47.13 Subd. 25. [NET UNAPPROPRIATED OPERATING FUND BALANCE.] 47.14 "Net unappropriated operating fund balance" means the sum of the 47.15 fund balances in the general, transportation, food service, and 47.16 community service funds minus the balances reserved for 47.17 statutory operating debt reduction, bus purchase, severance pay, 47.18 taconite, reemployment insurance, maintenance levy reduction, 47.19 operating capital, and encumbrances, computed as of June 30 each 47.20 year. 47.21 ARTICLE 8 47.22 LIBRARIES 47.23 Section 1. Minnesota Statutes 1995 Supplement, section 47.24 134.45, subdivision 2, is amended to read: 47.25 Subd. 2. [APPROVAL BY COMMISSIONER.] The commissioner of 47.26 children, families, and learning, in consultation with the state 47.27 council on disability, may approve or disapprove applications 47.28 under this section. The grant money must be used only to remove 47.29 architectural barriers from a building or site or for one-third 47.30 the cost, not to exceed $500,000, of a new building when removal 47.31 of architectural barriers from an existing building is not 47.32 economically feasible. 47.33 Sec. 2. Minnesota Statutes 1994, section 134.45, 47.34 subdivision 5, is amended to read: 47.35 Subd. 5. [QUALIFICATION.] A public library jurisdiction 47.36 may apply for a grant in an amount up to 50 percent of the 48.1 approved costs of removing architectural barriers from a 48.2 building or site or for one-third the cost, not to exceed 48.3 $500,000, of a new building when removal of architectural 48.4 barriers from an existing building is not economically feasible.