HF 2162

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; modifying requirements for 
  1.3             handicap access and fire safety improvements to school 
  1.4             buildings; creating disabled access revenue, aid, and 
  1.5             levy; providing for proration; amending Minnesota 
  1.6             Statutes 1996, section 124.84, subdivision 1, and by 
  1.7             adding subdivisions; repealing Minnesota Statutes 
  1.8             1996, section 124.84, subdivisions 3 and 4. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1996, section 124.84, 
  1.11  subdivision 1, is amended to read: 
  1.12     Subdivision 1.  [REMOVAL OF ARCHITECTURAL BARRIERS.] If a 
  1.13  school board has insufficient money in its capital expenditure 
  1.14  fund to remove architectural barriers from a building or grounds 
  1.15  it owns in order to allow a pupil to attend a school in the 
  1.16  pupil's attendance area or to meet the needs of an employee with 
  1.17  a disability provide required program access for disabled 
  1.18  pupils, employees, or members of the public, a district may 
  1.19  submit an application to the commissioner of children, families, 
  1.20  and learning containing at least the following: 
  1.21     (1) program modifications that the board considered, such 
  1.22  as relocating classrooms, providing an accessible unisex 
  1.23  bathroom, providing alternative library resources, or using 
  1.24  special equipment, such as bookcarts, and the reasons the 
  1.25  modifications were not feasible the planned future use of the 
  1.26  building; 
  1.27     (2) a description of the proposed building modifications 
  2.1   and the cost of the modifications; and 
  2.2      (3) the age and market value of the building; and 
  2.3      (4) the expected length of time the building is projected 
  2.4   to be used. 
  2.5      Individuals developing an application for a school district 
  2.6   shall complete a workshop, developed jointly by the commissioner 
  2.7   of children, families, and learning and the council on 
  2.8   disability, about access criteria. 
  2.9      In consultation with the council on disability, the 
  2.10  commissioner shall develop criteria to determine the 
  2.11  cost-effectiveness of removing barriers in older buildings. 
  2.12     The commissioner shall approve or disapprove an application 
  2.13  within 60 days of receiving it, or conduct a management 
  2.14  assistance study to establish the advisability of the proposed 
  2.15  project.  
  2.16     Sec. 2.  Minnesota Statutes 1996, section 124.84, is 
  2.17  amended by adding a subdivision to read: 
  2.18     Subd. 5.  [DISABLED ACCESS REVENUE.] A district's disabled 
  2.19  access revenue for a fiscal year equals the sum of the total 
  2.20  approved cost of the district's disabled access transition plan 
  2.21  for fiscal years 1999 through the fiscal year to which the levy 
  2.22  is attributable.  The disabled access transition plan must 
  2.23  detail a schedule for completion of all disabled access projects 
  2.24  necessary to be in compliance with Public Law Number 93-112, 
  2.25  section 504 of the Rehabilitation Act of 1973, Public Law Number 
  2.26  101-336, the Americans with Disabilities Act for existing 
  2.27  buildings and grounds, and Minnesota state building codes for 
  2.28  new construction. 
  2.29     Sec. 3.  Minnesota Statutes 1996, section 124.84, is 
  2.30  amended by adding a subdivision to read: 
  2.31     Subd. 6.  [DISABLED ACCESS LEVY.] To receive disabled 
  2.32  access revenue, a district may levy an amount equal to the 
  2.33  district's disabled access revenue as defined in subdivision 5 
  2.34  multiplied by the lesser of one, or the ratio of the quotient 
  2.35  derived by dividing the adjusted net tax capacity of the 
  2.36  district for the year preceding the year the levy is certified 
  3.1   by the actual pupil units in the district for the school year to 
  3.2   which the levy is attributable, to $4,707.50. 
  3.3      Sec. 4.  Minnesota Statutes 1996, section 124.84, is 
  3.4   amended by adding a subdivision to read: 
  3.5      Subd. 7.  [DISABLED ACCESS AID.] A district's disabled 
  3.6   access aid is the difference between its disabled access revenue 
  3.7   and its disabled access levy.  If a district does not levy the 
  3.8   entire amount permitted, disabled access aid must be reduced in 
  3.9   proportion to the actual amount levied.  Disabled access aid may 
  3.10  not be reduced as a result of reducing a district's disabled 
  3.11  access levy according to section 121.912. 
  3.12     Sec. 5.  Minnesota Statutes 1996, section 124.84, is 
  3.13  amended by adding a subdivision to read: 
  3.14     Subd. 8.  [PRORATION.] In the event that the health and 
  3.15  safety aid available for any year is prorated, a district having 
  3.16  its aid prorated may levy an additional amount equal to the 
  3.17  amount not paid by the state due to proration. 
  3.18     Sec. 6.  [REPEALER.] 
  3.19     Minnesota Statutes 1996, section 124.84, subdivisions 3 and 
  3.20  4, are repealed.