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; eliminating the state board of 1.3 education; creating a state education advisory 1.4 council; transferring certain state board of education 1.5 duties to the department of children, families, and 1.6 learning; amending Minnesota Statutes 1994, sections 1.7 16B.43, subdivision 2; 120.17, subdivisions 1 and 3; 1.8 120.65; 120.66; 121.02, as amended; 121.05; 121.148, 1.9 subdivision 3; 121.16, by adding subdivisions; 121.48; 1.10 121.585, subdivision 8; 121.612, subdivisions 2, 6, 7, 1.11 and 9; 121.914, subdivision 3; 122.23, subdivision 3; 1.12 122.242, subdivision 2; 123.38, subdivision 3; 123.39, 1.13 subdivision 8a; 123.933, subdivision 1; 123.947; 1.14 124.14, subdivisions 1 and 4; 124.15, subdivisions 2, 1.15 4, 5, and 7; 124.48; 124.573, subdivision 3; 124C.12, 1.16 subdivisions 4 and 5; 124C.46, subdivision 3; 125.05, 1.17 subdivisions 1c and 4; 125.09, subdivision 4; 125.121, 1.18 subdivisions 1 and 2; 125.1885, subdivisions 1, 4, and 1.19 5; 125.702, subdivision 2; 126.019, as amended; 1.20 126.36, subdivision 4; 126.49, subdivision 4; 126.52, 1.21 subdivision 5; 126.531; 126.82; 127.44; 128A.02, as 1.22 amended; 128A.022, as amended; 128A.023, as amended; 1.23 128A.024, subdivision 2; 128A.05, subdivision 3; 1.24 128A.09, subdivision 3; 134.201, subdivision 1; 1.25 134.32, subdivision 8; 134.34, subdivision 3; 134.351, 1.26 subdivision 1; 134.36; 169.448, subdivision 2; 1.27 169.974, subdivision 2; 465.797, subdivision 1; and 1.28 471.18; Minnesota Statutes 1995 Supplement, sections 1.29 120.064, subdivisions 3, 4, 8, 10, 14, 17, 21, and 24; 1.30 120.17, subdivisions 3b and 7a; 121.14; 121.16, 1.31 subdivision 1; 121.585, subdivision 2; 121.612, 1.32 subdivision 3; 122.242, subdivision 1; 124.15, 1.33 subdivision 2a; 124.223, subdivision 11; 124.41, 1.34 subdivision 2; 124.431, subdivision 7; 124.573, 1.35 subdivision 3a; 124.574, subdivision 5; 124.625; 1.36 124C.12, subdivision 1; 125.05, subdivisions 1 and 2; 1.37 125.09, subdivision 1; 128A.025, subdivision 2; 1.38 128A.026, subdivision 1; 128A.07, subdivision 2; 1.39 134.22; 138.054, subdivision 2; 171.04, subdivision 1; 1.40 216C.13; and 248.07, subdivision 3; repealing 1.41 Minnesota Statutes 1994, sections 15.014, subdivision 1.42 3; 121.03; 121.04; 121.06; 121.11; 121.15, subdivision 1.43 5; 123.78, subdivision 3; 126.665; and 136D.75; 1.44 Minnesota Statutes 1995 Supplement, sections 121.11; 1.45 124.431, subdivision 6; and 126.22, subdivision 5. 2.1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.2 Section 1. Minnesota Statutes 1994, section 16B.43, 2.3 subdivision 2, is amended to read: 2.4 Subd. 2. [FURNISHING STAFF AND ASSISTANCE.] To the extent 2.5 permitted by available resources, the commissioner may furnish 2.6 staff and other assistance to the department,the state board,2.7 the ESV computer council, and the Minnesota educational 2.8 computing consortium in conjunction with their performance of 2.9 the duties imposed by sections 121.931 to 121.936. 2.10 Sec. 2. Minnesota Statutes 1995 Supplement, section 2.11 120.064, subdivision 3, is amended to read: 2.12 Subd. 3. [SPONSOR.] A school board, community college, 2.13 state university, technical college, or the University of 2.14 Minnesota may sponsor one or more charter schools. 2.15 No more than a total of 40 charter schools may be 2.16 authorized not more than three of which may be sponsored by 2.17 public post-secondary institutions. Thestate board of2.18educationcommissioner of children, families, and learning shall 2.19 advise potential sponsors when the maximum number of charter 2.20 schools has been authorized. 2.21 Sec. 3. Minnesota Statutes 1995 Supplement, section 2.22 120.064, subdivision 4, is amended to read: 2.23 Subd. 4. [FORMATION OF SCHOOL.] (a) A sponsor may 2.24 authorize one or more licensed teachers under section 125.05, 2.25 subdivision 1, to operate a charter school subject to approval 2.26 by thestate board of educationcommissioner of children, 2.27 families, and learning. If a school board elects not to sponsor 2.28 a charter school, the applicant may appeal the school board's 2.29 decision to thestate boardcommissioner ofeducationchildren, 2.30 families, and learning if two members of the school board voted 2.31 to sponsor the school. If thestate boardcommissioner 2.32 authorizes the school, thestate boardcommissioner shall 2.33 sponsor the school according to this section. The school shall 2.34 be organized and operated as a cooperative under chapter 308A or 2.35 nonprofit corporation under chapter 317A. 2.36 (b) Before the operators may form and operate a school, the 3.1 sponsor must file an affidavit with thestate boardcommissioner 3.2 ofeducationchildren, families, and learning stating its intent 3.3 to authorize a charter school. The affidavit must state the 3.4 terms and conditions under which the sponsor would authorize a 3.5 charter school. Thestate boardcommissioner must approve or 3.6 disapprove the sponsor's proposed authorization within 60 days 3.7 of receipt of the affidavit. Failure to obtainstate boardthe 3.8 commissioner's approval precludes a sponsor from authorizing the 3.9 charter school that was the subject of the affidavit. 3.10 (c) The operators authorized to organize and operate a 3.11 school shall hold an election for members of the school's board 3.12 of directors in a timely manner after the school is operating. 3.13 Any staff members who are employed at the school, including 3.14 teachers providing instruction under a contract with a 3.15 cooperative, and all parents of children enrolled in the school 3.16 may participate in the election. Licensed teachers employed at 3.17 the school, including teachers providing instruction under a 3.18 contract with a cooperative, must be a majority of the members 3.19 of the board of directors. A provisional board may operate 3.20 before the election of the school's board of directors. Board 3.21 of director meetings must comply with section 471.705. 3.22 (d) The granting or renewal of a charter by a sponsoring 3.23 entity shall not be conditioned upon the bargaining unit status 3.24 of the employees of the school. 3.25 Sec. 4. Minnesota Statutes 1995 Supplement, section 3.26 120.064, subdivision 8, is amended to read: 3.27 Subd. 8. [REQUIREMENTS.] (a) A charter school shall meet 3.28 all applicable state and local health and safety requirements. 3.29 (b) The school must be located in the sponsoring district, 3.30 unless another school board agrees to locate a charter school 3.31 sponsored by another district in its boundaries. If a school 3.32 board denies a request to locate within its boundaries a charter 3.33 school sponsored by another district, the sponsoring district 3.34 may appeal to thestate boardcommissioner ofeducation3.35 children, families, and learning. If thestate3.36boardcommissioner authorizes the school, thestate board4.1 commissioner shall sponsor the school. 4.2 (c) A charter school must be nonsectarian in its programs, 4.3 admission policies, employment practices, and all other 4.4 operations. A sponsor may not authorize a charter school or 4.5 program that is affiliated with a nonpublic sectarian school or 4.6 a religious institution. 4.7 (d) Charter schools shall not be used as a method of 4.8 providing education or generating revenue for students who are 4.9 being home schooled. 4.10 (e) The primary focus of a charter school must be to 4.11 provide a comprehensive program of instruction for at least one 4.12 grade or age group from five through 18 years of age. 4.13 Instruction may be provided to people younger than five years 4.14 and older than 18 years of age. 4.15 (f) A charter school may not charge tuition. 4.16 (g) A charter school is subject to and shall comply with 4.17 chapter 363 and section 126.21. 4.18 (h) A charter school is subject to and shall comply with 4.19 the pupil fair dismissal act, sections 127.26 to 127.39, and the 4.20 Minnesota public school fee law, sections 120.71 to 120.76. 4.21 (i) A charter school is subject to the same financial 4.22 audits, audit procedures, and audit requirements as a school 4.23 district. The audit must be consistent with the requirements of 4.24 sections 121.904 to 121.917, except to the extent deviations are 4.25 necessary because of the program at the school. The department 4.26 of children, families, and learning, state auditor, or 4.27 legislative auditor may conduct financial, program, or 4.28 compliance audits. 4.29 (j) A charter school is a school district for the purposes 4.30 of tort liability under chapter 466. 4.31 Sec. 5. Minnesota Statutes 1995 Supplement, section 4.32 120.064, subdivision 10, is amended to read: 4.33 Subd. 10. [PUPIL PERFORMANCE.] A charter school must 4.34 design its programs to at least meet the outcomesadopted by the4.35state board of educationrequired by state law. In the absence 4.36 of stateboardrequirements, the school must meet the outcomes 5.1 contained in the contract with the sponsor. The achievement 5.2 levels of the outcomes contained in the contract may exceed the 5.3 achievement levels of any outcomes adoptedby thein stateboard5.4 law. 5.5 Sec. 6. Minnesota Statutes 1995 Supplement, section 5.6 120.064, subdivision 14, is amended to read: 5.7 Subd. 14. [REPORTS.] A charter school must report at least 5.8 annually to its sponsor and thestate boardcommissioner of 5.9educationchildren, families, and learning the information 5.10 required by the sponsor or thestate boardcommissioner. The 5.11 reports are public data under chapter 13. 5.12 Sec. 7. Minnesota Statutes 1995 Supplement, section 5.13 120.064, subdivision 17, is amended to read: 5.14 Subd. 17. [INITIAL COSTS.] A sponsor may authorize a 5.15 charter school before the applicant has secured its space, 5.16 equipment, facilities, and personnel if the applicant indicates 5.17 the authority is necessary for it to raise working capital. A 5.18 sponsor may not authorize a school before thestate board5.19 commissioner ofeducationchildren, families, and learning has 5.20 approved the authorization. 5.21 Sec. 8. Minnesota Statutes 1995 Supplement, section 5.22 120.064, subdivision 21, is amended to read: 5.23 Subd. 21. [CAUSES FOR NONRENEWAL OR TERMINATION.] (a) The 5.24 duration of the contract with a sponsor shall be for the term 5.25 contained in the contract according to subdivision 5. The 5.26 sponsor may or may not renew a contract at the end of the term 5.27 for any ground listed in paragraph (b). A sponsor may 5.28 unilaterally terminate a contract during the term of the 5.29 contract for any ground listed in paragraph (b). At least 60 5.30 days before not renewing or terminating a contract, the sponsor 5.31 shall notify the board of directors of the charter school of the 5.32 proposed action in writing. The notice shall state the grounds 5.33 for the proposed action in reasonable detail and that the 5.34 charter school's board of directors may request in writing an 5.35 informal hearing before the sponsor within 14 days of receiving 5.36 notice of nonrenewal or termination of the contract. Failure by 6.1 the board of directors to make a written request for a hearing 6.2 within the 14-day period shall be treated as acquiescence to the 6.3 proposed action. Upon receiving a timely written request for a 6.4 hearing, the sponsor shall give reasonable notice to the charter 6.5 school's board of directors of the hearing date. The sponsor 6.6 shall conduct an informal hearing before taking final action. 6.7 The sponsor shall take final action to renew or not renew a 6.8 contract by the last day of classes in the school year. If the 6.9 sponsor is a local school board, the school's board of directors 6.10 may appeal the sponsor's decision to thestate board6.11 commissioner ofeducationchildren, families, and learning. 6.12 (b) A contract may be terminated or not renewed upon any of 6.13 the following grounds: 6.14 (1) failure to meet the requirements for pupil performance 6.15 contained in the contract; 6.16 (2) failure to meet generally accepted standards of fiscal 6.17 management; 6.18 (3) for violations of law; or 6.19 (4) other good cause shown. 6.20 If a contract is terminated or not renewed, the school 6.21 shall be dissolved according to the applicable provisions of 6.22 chapter 308A or 317A. 6.23 Sec. 9. Minnesota Statutes 1995 Supplement, section 6.24 120.064, subdivision 24, is amended to read: 6.25 Subd. 24. [IMMUNITY.] Thestate boardcommissioner of 6.26educationchildren, families, and learning,members of the state6.27board,a sponsor, members of the board of a sponsor in their 6.28 official capacity, and employees of a sponsor are immune from 6.29 civil or criminal liability with respect to all activities 6.30 related to a charter school they approve or sponsor. The board 6.31 of directors shall obtain at least the amount of and types of 6.32 insurance required by the contract, according to subdivision 5. 6.33 Sec. 10. Minnesota Statutes 1994, section 120.17, 6.34 subdivision 1, is amended to read: 6.35 Subdivision 1. [SPECIAL INSTRUCTION FOR CHILDREN WITH A 6.36 DISABILITY.] Every district shall provide special instruction 7.1 and services, either within the district or in another district, 7.2 for children with a disability who are residents of the district 7.3 and who are disabled as set forth in section 120.03. 7.4 Notwithstanding any age limits in laws to the contrary, special 7.5 instruction and services must be provided from birth until 7.6 September 1 after the child with a disability becomes 22 years 7.7 old but shall not extend beyond secondary school or its 7.8 equivalent, except as provided in section 126.22, subdivision 7.9 2. Local health, education, and social service agencies shall 7.10 refer children under age five who are known to need or suspected 7.11 of needing special instruction and services to the school 7.12 district. Districts with less than the minimum number of 7.13 eligible children with a disability as determined by thestate7.14boardcommissioner of children, families, and learning shall 7.15 cooperate with other districts to maintain a full range of 7.16 programs for education and services for children with a 7.17 disability. This subdivision does not alter the compulsory 7.18 attendance requirements of section 120.101. 7.19 Sec. 11. Minnesota Statutes 1994, section 120.17, 7.20 subdivision 3, is amended to read: 7.21 Subd. 3. [RULES OF THESTATE BOARDCOMMISSIONER OF 7.22 CHILDREN, FAMILIES, AND LEARNING.] (a) Thestate7.23boardcommissioner shall promulgate rules relative to 7.24 qualifications of essential personnel, courses of study, methods 7.25 of instruction, pupil eligibility, size of classes, rooms, 7.26 equipment, supervision, parent consultation, and any other rules 7.27itthe commissioner deems necessary for instruction of children 7.28 with a disability. These rules shall provide standards and 7.29 procedures appropriate for the implementation of and within the 7.30 limitations of subdivisions 3a and 3b. These rules shall also 7.31 provide standards for the discipline, control, management and 7.32 protection of children with a disability. Thestate board7.33 commissioner shall not adopt rules for pupils served in level 1, 7.34 2, or 3, as defined in Minnesota Rules, part 3525.2340, 7.35 establishing either case loads or the maximum number of pupils 7.36 that may be assigned to special education teachers. Thestate8.1boardcommissioner, in consultation with the departments of 8.2 health and human services, shall adopt permanent rules for 8.3 instruction and services for children under age five and their 8.4 families. These rules are binding on state and local education, 8.5 health, and human services agencies. Thestate board8.6 commissioner shall adopt rules to determine eligibility for 8.7 special education services. The rules shall include procedures 8.8 and standards by which to grant variances for experimental 8.9 eligibility criteria. Thestate boardcommissioner shall, 8.10 according to section 14.05, subdivision 4, notify a district 8.11 applying for a variance from the rules within 45 calendar days 8.12 of receiving the request whether the request for the variance 8.13 has been granted or denied. If a request is denied, theboard8.14 commissioner shall specify the program standards used to 8.15 evaluate the request and the reasons for denying the request. 8.16 (b) The state's regulatory scheme should support schools by 8.17 assuring that all state special education rules adopted by the 8.18state boardcommissioner ofeducationchildren, families, and 8.19 learning result in one or more of the following outcomes: 8.20 (1) increased time available to teachers for educating 8.21 students through direct and indirect instruction; 8.22 (2) consistent and uniform access to effective education 8.23 programs for students with disabilities throughout the state; 8.24 (3) reduced inequalities, conflict, and court actions 8.25 related to the delivery of special education instruction and 8.26 services for students with disabilities; 8.27 (4) clear expectations for service providers and for 8.28 students with disabilities; 8.29 (5) increased accountability for all individuals and 8.30 agencies that provide instruction and other services to students 8.31 with disabilities; 8.32 (6) greater focus for the state and local resources 8.33 dedicated to educating students with disabilities; and 8.34 (7) clearer standards for evaluating the effectiveness of 8.35 education and support services for students with disabilities. 8.36 Sec. 12. Minnesota Statutes 1995 Supplement, section 9.1 120.17, subdivision 3b, is amended to read: 9.2 Subd. 3b. [PROCEDURES FOR DECISIONS.] Every district shall 9.3 utilize at least the following procedures for decisions 9.4 involving identification, assessment, and educational placement 9.5 of children with a disability: 9.6 (a) Parents and guardians shall receive prior written 9.7 notice of: 9.8 (1) any proposed formal educational assessment or proposed 9.9 denial of a formal educational assessment of their child; 9.10 (2) a proposed placement of their child in, transfer from 9.11 or to, or denial of placement in a special education program; or 9.12 (3) the proposed provision, addition, denial or removal of 9.13 special education services for their child; 9.14 (b) The district shall not proceed with the initial formal 9.15 assessment of a child, the initial placement of a child in a 9.16 special education program, or the initial provision of special 9.17 education services for a child without the prior written consent 9.18 of the child's parent or guardian. The refusal of a parent or 9.19 guardian to consent may be overridden by the decision in a 9.20 hearing held pursuant to clause (e) at the district's 9.21 initiative; 9.22 (c) Parents and guardians shall have an opportunity to meet 9.23 with appropriate district staff in at least one conciliation 9.24 conference, mediation, or other method of alternative dispute 9.25 resolution that the parties agree to, if they object to any 9.26 proposal of which they are notified pursuant to clause (a). The 9.27 conciliation process or other form of alternative dispute 9.28 resolution shall not be used to deny or delay a parent or 9.29 guardian's right to a due process hearing. If the parent or 9.30 guardian refuses efforts by the district to conciliate the 9.31 dispute with the school district, the requirement of an 9.32 opportunity for conciliation or other alternative dispute 9.33 resolution shall be deemed to be satisfied. Notwithstanding 9.34 other law, in any proceeding following a conciliation 9.35 conference, the school district must not offer a conciliation 9.36 conference memorandum into evidence, except for any portions 10.1 that describe the district's final proposed offer of service. 10.2 Otherwise, with respect to forms of dispute resolution, 10.3 mediation, or conciliation, Minnesota Rule of Evidence 408 10.4 applies. The department of children, families, and learning may 10.5 reimburse the districts or directly pay the costs of lay 10.6 advocates, not to exceed $150 per dispute, used in conjunction 10.7 with alternative dispute resolution. 10.8 (d) The commissioner shall establish a mediation process to 10.9 assist parents, school districts, or other parties to resolve 10.10 disputes arising out of the identification, assessment, or 10.11 educational placement of children with a disability. The 10.12 mediation process must be offered as an informal alternative to 10.13 the due process hearing provided under clause (e), but must not 10.14 be used to deny or postpone the opportunity of a parent or 10.15 guardian to obtain a due process hearing. 10.16 (e) Parents, guardians, and the district shall have an 10.17 opportunity to obtain an impartial due process hearing initiated 10.18 and conducted by and in the school district responsible for 10.19 assuring that an appropriate program is provided in accordance 10.20 with state board rules, if the parent or guardian continues to 10.21 object to: 10.22 (1) a proposed formal educational assessment or proposed 10.23 denial of a formal educational assessment of their child; 10.24 (2) the proposed placement of their child in, or transfer 10.25 of their child to a special education program; 10.26 (3) the proposed denial of placement of their child in a 10.27 special education program or the transfer of their child from a 10.28 special education program; 10.29 (4) the proposed provision or addition of special education 10.30 services for their child; or 10.31 (5) the proposed denial or removal of special education 10.32 services for their child. 10.33 Within five business days after the request for a hearing, 10.34 or as directed by the hearing officer, the objecting party shall 10.35 provide the other party with a brief written statement of 10.36 particulars of the objection, the reasons for the objection, and 11.1 the specific remedies sought. The other party shall provide the 11.2 objecting party with a written response to the statement of 11.3 objections within five business days of receipt of the statement. 11.4 The hearing shall take place before an impartial hearing 11.5 officer mutually agreed to by the school board and the parent or 11.6 guardian. If the school board and the parent or guardian are 11.7 unable to agree on a hearing officer, the school board shall 11.8 request the commissioner to appoint a hearing officer. The 11.9 hearing officer shall not be a school board member or employee 11.10 of the school district where the child resides or of the child's 11.11 school district of residence, an employee of any other public 11.12 agency involved in the education or care of the child, or any 11.13 person with a personal or professional interest which would 11.14 conflict with the person's objectivity at the hearing. A person 11.15 who otherwise qualifies as a hearing officer is not an employee 11.16 of the district solely because the person is paid by the 11.17 district to serve as a hearing officer. If the hearing officer 11.18 requests an independent educational assessment of a child, the 11.19 cost of the assessment shall be at district expense. The 11.20 proceedings shall be recorded and preserved, at the expense of 11.21 the school district, pending ultimate disposition of the action. 11.22 (f) The decision of the hearing officer pursuant to clause 11.23 (e) shall be rendered not more than 45 calendar days from the 11.24 date of the receipt of the request for the hearing. A hearing 11.25 officer may grant specific extensions of time beyond the 45-day 11.26 period at the request of either party. The decision of the 11.27 hearing officer shall be binding on all parties unless appealed 11.28 to the hearing review officer by the parent, guardian, or the 11.29 school board of the district where the child resides pursuant to 11.30 clause (g). 11.31 The local decision shall: 11.32 (1) be in writing; 11.33 (2) state the controlling facts upon which the decision is 11.34 made in sufficient detail to apprise the parties and the hearing 11.35 review officer of the basis and reason for the decision; 11.36 (3) state whether the special education program or special 12.1 education services appropriate to the child's needs can be 12.2 reasonably provided within the resources available to the 12.3 responsible district or districts; 12.4 (4) state the amount and source of any additional district 12.5 expenditure necessary to implement the decision; and 12.6 (5) be based on the standards set forth in subdivision 3a 12.7 and the rules of the state board. 12.8 (g) Any local decision issued pursuant to clauses (e) and 12.9 (f) may be appealed to the hearing review officer within 30 12.10 calendar days of receipt of that written decision, by the 12.11 parent, guardian, or the school board of the district 12.12 responsible for assuring that an appropriate program is provided 12.13 in accordance withstate boarddepartment of children, families, 12.14 and learning rules. 12.15 If the decision is appealed, a written transcript of the 12.16 hearing shall be made by the school district and shall be 12.17 accessible to the parties involved within five calendar days of 12.18 the filing of the appeal. The hearing review officer shall 12.19 issue a final independent decision based on an impartial review 12.20 of the local decision and the entire record within 30 calendar 12.21 days after the filing of the appeal. The hearing review officer 12.22 shall seek additional evidence if necessary and may afford the 12.23 parties an opportunity for written or oral argument; provided 12.24 any hearing held to seek additional evidence shall be an 12.25 impartial due process hearing but shall be deemed not to be a 12.26 contested case hearing for purposes of chapter 14. The hearing 12.27 review officer may grant specific extensions of time beyond the 12.28 30-day period at the request of any party. 12.29 The final decision shall: 12.30 (1) be in writing; 12.31 (2) include findings and conclusions; and 12.32 (3) be based upon the standards set forth in subdivision 3a 12.33 and in the rules of the state board. 12.34 (h) The decision of the hearing review officer shall be 12.35 final unless appealed by the parent or guardian or school board 12.36 to the court of appeals. The judicial review shall be in 13.1 accordance with chapter 14. 13.2 (i) The commissioner of children, families, and learning 13.3 shall select an individual who has the qualifications enumerated 13.4 in this paragraph to serve as the hearing review officer: 13.5 (1) the individual must be knowledgeable and impartial; 13.6 (2) the individual must not have a personal interest in or 13.7 specific involvement with the student who is a party to the 13.8 hearing; 13.9 (3) the individual must not have been employed as an 13.10 administrator by the district that is a party to the hearing; 13.11 (4) the individual must not have been involved in the 13.12 selection of the administrators of the district that is a party 13.13 to the hearing; 13.14 (5) the individual must not have a personal, economic, or 13.15 professional interest in the outcome of the hearing other than 13.16 the proper administration of the federal and state laws, rules, 13.17 and policies; 13.18 (6) the individual must not have substantial involvement in 13.19 the development of a state or local policy or procedures that 13.20 are challenged in the appeal; and 13.21 (7) the individual is not a current employee or board 13.22 member of a Minnesota public school district, education 13.23 district, intermediate unit or regional education agency, the 13.24 department of children, families, and learning,the state board13.25of education,or a parent advocacy organization or group. 13.26 (j) In all appeals, the parent or guardian of the pupil 13.27 with a disability or the district that is a party to the hearing 13.28 may challenge the impartiality or competence of the proposed 13.29 hearing review officer byapplying to the hearing review officer13.30 appealing under sections 14.50 to 14.53. 13.31 (k) Pending the completion of proceedings pursuant to this 13.32 subdivision, unless the district and the parent or guardian of 13.33 the child agree otherwise, the child shall remain in the child's 13.34 current educational placement and shall not be denied initial 13.35 admission to school. 13.36 (l) The child's school district of residence, a resident 14.1 district, and providing district shall receive notice of and may 14.2 be a party to any hearings or appeals under this subdivision. 14.3 (m) A school district is not liable for harmless technical 14.4 violations of this subdivision or rules implementing this 14.5 subdivision if the school district can demonstrate on a 14.6 case-by-case basis that the violations did not harm the 14.7 student's educational progress or the parent or guardian's right 14.8 to notice, participation, or due process. 14.9 (n) Within ten calendar days after appointment, the hearing 14.10 officer shall schedule and hold a prehearing conference. At 14.11 that conference, or later, the hearing officer may take any 14.12 appropriate action that a court might take under Rule 16 of 14.13 Minnesota Rules of Civil Procedure including, but not limited 14.14 to, scheduling, jurisdiction, and listing witnesses including 14.15 expert witnesses. 14.16 (o) A hearing officer or hearing review officer appointed 14.17 under this subdivision shall be deemed to be an employee of the 14.18 state under section 3.732 for the purposes of section 3.736 only. 14.19 (p) In order to be eligible for selection, hearing officers 14.20 and hearing review officers shall participate in training and 14.21 follow procedures as designated by the commissioner. 14.22 Sec. 13. Minnesota Statutes 1995 Supplement, section 14.23 120.17, subdivision 7a, is amended to read: 14.24 Subd. 7a. [ATTENDANCE AT SCHOOL FOR THE DISABLED.] 14.25 Responsibility for special instruction and services for a 14.26 visually disabled or hearing impaired child attending the 14.27 Minnesota state academy for the deaf or the Minnesota state 14.28 academy for the blind shall be determined in the following 14.29 manner: 14.30 (a) The legal residence of the child shall be the school 14.31 district in which the child's parent or guardian resides. 14.32 (b) When it is determined pursuant to section 128A.05, 14.33 subdivision 1 or 2, that the child is entitled to attend either 14.34 school, thestate boardcommissioner shall provide the 14.35 appropriate educational program for the child. Thestate board14.36 commissioner shall make a tuition charge to the child's district 15.1 of residence for the cost of providing the program. The amount 15.2 of tuition charged shall not exceed the basic revenue of the 15.3 district for that child, for the amount of time the child is in 15.4 the program. For purposes of this subdivision, "basic revenue" 15.5 has the meaning given it in section 124A.22, subdivision 2. The 15.6 district of the child's residence shall pay the tuition and may 15.7 claim general education aid for the child. Tuition received by 15.8 the state board, except for tuition received under clause (c), 15.9 shall be deposited in the state treasury as provided in clause 15.10 (g). 15.11 (c) In addition to the tuition charge allowed in clause 15.12 (b), the academies may charge the child's district of residence 15.13 for the academy's unreimbursed cost of providing an 15.14 instructional aide assigned to that child, if that aide is 15.15 required by the child's individual education plan. Tuition 15.16 received under this clause must be used by the academies to 15.17 provide the required service. 15.18 (d) When it is determined that the child can benefit from 15.19 public school enrollment but that the child should also remain 15.20 in attendance at the applicable school, the school district 15.21 where the institution is located shall provide an appropriate 15.22 educational program for the child and shall make a tuition 15.23 charge to thestate boardcommissioner for the actual cost of 15.24 providing the program, less any amount of aid received pursuant 15.25 to section 124.32. Thestate boardcommissioner shall pay the 15.26 tuition and other program costs including the unreimbursed 15.27 transportation costs. Aids for children with a disability shall 15.28 be paid to the district providing the special instruction and 15.29 services. Special transportation shall be provided by the 15.30 district providing the educational program and the state shall 15.31 reimburse such district within the limits provided by law. 15.32 (e) Notwithstanding the provisions of clauses (b) and (d), 15.33 thestate boardcommissioner may agree to make a tuition charge 15.34 for less than the amount specified in clause (b) for pupils 15.35 attending the applicable school who are residents of the 15.36 district where the institution is located and who do not board 16.1 at the institution, if that district agrees to make a tuition 16.2 charge to the state board for less than the amount specified in 16.3 clause (d) for providing appropriate educational programs to 16.4 pupils attending the applicable school. 16.5 (f) Notwithstanding the provisions of clauses (b) and (d), 16.6 thestate boardcommissioner may agree to supply staff from the 16.7 Minnesota state academy for the deaf and the Minnesota state 16.8 academy for the blind to participate in the programs provided by 16.9 the district where the institutions are located when the 16.10 programs are provided to students in attendance at the state 16.11 schools. 16.12 (g) On May 1 of each year, thestate boardcommissioner 16.13 shall count the actual number of Minnesota resident kindergarten 16.14 and elementary students and the actual number of Minnesota 16.15 resident secondary students enrolled and receiving education 16.16 services at the Minnesota state academy for the deaf and the 16.17 Minnesota state academy for the blind. Thestate board16.18 commissioner shall deposit in the state treasury an amount equal 16.19 to all tuition received less: 16.20 (1) the total number of students on May 1 less 175, times 16.21 the ratio of the number of kindergarten and elementary students 16.22 to the total number of students on May 1, times the general 16.23 education formula allowance; plus 16.24 (2) the total number of students on May 1 less 175, times 16.25 the ratio of the number of secondary students on May 1 to the 16.26 total number of students on May 1, times 1.3, times the general 16.27 education formula allowance. 16.28 (h) The sum provided by the calculation in clause (g), 16.29 subclauses (1) and (2), must be deposited in the state treasury 16.30 and credited to the general operation account of the academy for 16.31 the deaf and the academy for the blind. 16.32 (i) There is annually appropriated to the department of 16.33 children, families, and learning for the Faribault academies the 16.34 tuition amounts received and credited to the general operation 16.35 account of the academies under this section. A balance in an 16.36 appropriation under this paragraph does not cancel but is 17.1 available in successive fiscal years. 17.2 Sec. 14. Minnesota Statutes 1994, section 120.65, is 17.3 amended to read: 17.4 120.65 [ESTABLISHMENT AND APPROVAL.] 17.5 Thestate boardcommissioner ofeducationchildren, 17.6 families, and learning shall: 17.7 (1) establish standards and requirements for the 17.8 qualification of districts which may operate on a flexible 17.9 learning year basis; 17.10 (2) establish standards and evaluation criteria for 17.11 flexible learning year programs; 17.12 (3) prepare and distribute all necessary forms for 17.13 application by any district for state authorization for a 17.14 flexible learning year program; 17.15 (4) review the proposed flexible learning year program of 17.16 any qualified district as to conformity to standards and the 17.17 evaluation of appropriateness of priorities, workability of 17.18 procedure and overall value; 17.19 (5) approve or disapprove proposed flexible learning year 17.20 programs. 17.21 Sec. 15. Minnesota Statutes 1994, section 120.66, is 17.22 amended to read: 17.23 120.66 [POWERS AND DUTIES OF THESTATE BOARDCOMMISSIONER 17.24 OF CHILDREN, FAMILIES, AND LEARNING.] 17.25 Subdivision 1. Thestate boardcommissioner ofeducation17.26 children, families, and learning shall: 17.27 (1) Promulgate rules necessary to the operation of sections 17.28 120.59 to 120.67; 17.29 (2) Cooperate with and provide supervision of flexible 17.30 learning year programs to determine compliance with the 17.31 provisions of sections 120.59 to 120.67,the state board17.32 department standards and qualifications, and the proposed 17.33 program as submitted and approved; 17.34 (3) Provide any necessary adjustments of (a) attendance and 17.35 membership computations and (b) the dates and percentages of 17.36 apportionment of state aids; 18.1 (4) Consistent with the definition of "average daily 18.2 membership" in section 124.17, subdivision 2, furnish the board 18.3 of a district implementing a flexible learning year program with 18.4 a formula for computing average daily membership. This formula 18.5 shall be computed so that tax levies to be made by the district, 18.6 state aids to be received by the district, and any and all other 18.7 formulas based upon average daily membership are not affected 18.8 solely as a result of adopting this plan of instruction. 18.9 Subd. 2. Sections 120.59 to 120.67 shall not be construed 18.10 to authorize thestate boardcommissioner to require the 18.11 establishment of a flexible learning year program in any 18.12 district in which theboardcommissioner has notvoted18.13 determined to establish, maintain, and operate such a program. 18.14 Sec. 16. Minnesota Statutes 1994, section 121.02, as 18.15 amended by Laws 1995, First Special Session chapter 3, article 18.16 16, section 13, is amended to read: 18.17 121.02 [STATEBOARDDEPARTMENT OFEDUCATIONCHILDREN, 18.18 FAMILIES, AND LEARNING; STATE EDUCATION ADVISORY COUNCIL.] 18.19 Subdivision 1. [STATE DEPARTMENT OF CHILDREN, FAMILIES, 18.20 AND LEARNING.] A state department of children, families, and 18.21 learning is hereby created which shall be maintained under the 18.22 direction ofa state boardthe commissioner ofeducation18.23composed of nine representative citizens of the state, at least18.24one of whom shall reside in each congressional district in the18.25statechildren, families, and learning. 18.26Of the nine representative citizens of the state who are18.27appointed to the state board of education not less than three18.28members thereof shall previously thereto have served as an18.29elected member of a board of education of a school district18.30however organized.18.31The members of the state board shall be appointed by the18.32governor, with the advice and consent of the senate. One member18.33shall be chosen annually as president, but no member shall serve18.34as president more than three consecutive years. The state board18.35shall hold its annual meeting in August. It shall hold meetings18.36on dates and at places as it designates. No member shall hold19.1any public office, or represent or be employed by any board of19.2education or school district, public or private, and shall not19.3voluntarily have any personal financial interest in any contract19.4with a board of education or school district, or be engaged in19.5any capacity where a conflict of interest may arise.19.6 Subd. 2a. [STATE EDUCATION ADVISORY COUNCIL.] A state 19.7 education advisory council is created and composed of nine 19.8 representative citizens of the state, at least one of whom shall 19.9 reside in each congressional district in the state. The council 19.10 members shall be appointed by the governor and shall serve at 19.11 the pleasure of the governor. One member shall be chosen 19.12 annually as president, but no member shall serve as president 19.13 more than three consecutive years. No member shall hold any 19.14 public office or represent or be employed by any board of 19.15 education or school district, public or private, and shall not 19.16 voluntarily have any personal financial interest in any contract 19.17 with a board of education or school district or be engaged in 19.18 any capacity where a conflict of interest may arise. The 19.19 council shall meet at least monthly and shall advise the 19.20 governor, legislature, and commissioner of children, families, 19.21 and learning on education issues of statewide importance and 19.22 interest. At the council's request, the commissioner may assign 19.23 department of children, families, and learning staff or other 19.24 resources to assist the council in its duties. The commissioner 19.25 shall explain to the council in writing any reason for delaying 19.26 or refusing a request. The membership terms, compensation, 19.27 removal of members, and filling of vacancies on the board shall 19.28 be as provided in section15.057515.059, except that members 19.29 shall serve three-year terms. 19.30 Subd. 3. If a member ceases to be a resident of the 19.31 congressional district from which appointed the member shall 19.32 cease to be a member of theboardcouncil. The governor shall 19.33 appoint a successor within six months thereafter. 19.34Subd. 4. [BOARD STAFF.] The state board may appoint a19.35staff assistant who shall serve in the unclassified service.19.36 Sec. 17. Minnesota Statutes 1994, section 121.05, is 20.1 amended to read: 20.2 121.05 [CONTRACTS WITH FEDERAL GOVERNMENT.] 20.3 Subdivision 1. [RULES GOVERNING.] Thestate board20.4 commissioner of children, families, and learning shall prescribe 20.5 rules under which contracts, agreements, or arrangements may be 20.6 made with agencies of the federal government for funds, 20.7 services, commodities, or equipment to be made available to the 20.8 public tax-supported schools, school systems and educational 20.9 institutions under the supervision or control of thestate board20.10 commissioner of children, families, and learning. 20.11 Subd. 2. [RULES PRESCRIBED BYSTATE BOARDCOMMISSIONER.] 20.12 All contracts, agreements or arrangements made by public 20.13 tax-supported schools, school systems or educational 20.14 institutions under the supervision or control of thestate board20.15 department of children, families, and learning involving funds, 20.16 services, commodities, or equipment which may be provided by 20.17 agencies of the federal government shall be entered into in 20.18 accordance with rules prescribed by thestate boardcommissioner 20.19 and in no other manner. 20.20 Sec. 18. Minnesota Statutes 1995 Supplement, section 20.21 121.14, is amended to read: 20.22 121.14 [RECOMMENDATIONS; BUDGET.] 20.23 Thestate board and thecommissioner of children, families, 20.24 and learning shall recommend to the governor and legislature 20.25 such modification and unification of laws relating to the state 20.26 system of education as shall make those laws more readily 20.27 understood and more effective in execution. The commissioner of 20.28 children, families, and learning shall prepare a biennial 20.29 education budget which shall be submitted to the governor and 20.30 legislature, such budget to contain a complete statement of 20.31 finances pertaining to the maintenance of the state department 20.32 and to the distribution of state aid. 20.33 Sec. 19. Minnesota Statutes 1994, section 121.148, 20.34 subdivision 3, is amended to read: 20.35 Subd. 3. [NEGATIVE REVIEW AND COMMENT.] (a) If the 20.36 commissioner submits a negative review and comment for a 21.1 proposal according to section 121.15, the following steps must 21.2 be taken: 21.3 (1) the commissioner must notify the school board of the 21.4 proposed negative review and comment and schedule a public 21.5 meeting within 60 days of the notification within that school 21.6 district to discuss the proposed negative review and comment on 21.7 the school facility; and 21.8 (2) the school board shall appoint an advisory task force 21.9 of up to five members to advise the school board and the 21.10 commissioner on the advantages, disadvantages, and alternatives 21.11 to the proposed facility at the public meeting. One member of 21.12 the advisory task force must also be a member of the county 21.13 facilities group. 21.14 (b) After attending the public meeting, the commissioner 21.15 shall reconsider the proposal. If the commissioner submits a 21.16 negative review and comment, the school board may appeal that 21.17 decisionto the state board of educationunder sections 14.50 to 21.18 14.53.The state board of education may either uphold the21.19commissioner's negative review and comment or instruct the21.20commissioner to submit a positive or unfavorable review and21.21comment on the proposed facility.21.22 (c) A school board may not proceed with construction if the 21.23state board of education upholds thecommissioner's negative 21.24 review and comment is upheld or if the commissioner's negative 21.25 review and comment is not appealed. 21.26 Sec. 20. Minnesota Statutes 1995 Supplement, section 21.27 121.16, subdivision 1, is amended to read: 21.28 Subdivision 1. The department shall be under the 21.29 administrative control of the commissioner of children, 21.30 families, and learning which office is established.The21.31commissioner shall be the secretary of the state board.The 21.32 governor shall appoint the commissioner under the provisions of 21.33 section 15.06. 21.34 The commissioner shall be a person who possesses 21.35 educational attainment and breadth of experience in the 21.36 administration of public education and of the finances 22.1 pertaining thereto commensurate with the spirit and intent of 22.2 this code. Notwithstanding any other law to the contrary, the 22.3 commissioner may appoint two deputy commissioners who shall 22.4 serve in the unclassified service. The commissioner shall also 22.5 appoint other employees as may be necessary for the organization 22.6 of the department. The commissioner shall perform such duties 22.7 as the lawand the rules of the state boardmay provide and be 22.8 held responsible for the efficient administration and discipline 22.9 of the department.The commissioner shall make recommendations22.10to the board and be charged with the execution of powers and22.11duties which the state board may prescribe, from time to time,22.12to promote public education in the state, to safeguard the22.13finances pertaining thereto, and to enable the state board to22.14carry out its duties.22.15 Sec. 21. Minnesota Statutes 1994, section 121.16, is 22.16 amended by adding a subdivision to read: 22.17 Subd. 4. [UNIFORM SYSTEM OF RECORDS AND OF ACCOUNTING.] 22.18 The commissioner of children, families, and learning shall 22.19 prepare a uniform system of records for public schools, require 22.20 reports from superintendents and principals of schools, 22.21 teachers, school officers, and the chief officers of public and 22.22 other educational institutions, to give such facts as may deem 22.23 of public value. 22.24 Sec. 22. Minnesota Statutes 1994, section 121.16, is 22.25 amended by adding a subdivision to read: 22.26 Subd. 5. [LICENSURE RULES.] The commissioner may adopt 22.27 rules relating to licensure of school personnel not licensed by 22.28 the board of teaching. 22.29 Sec. 23. Minnesota Statutes 1994, section 121.16, is 22.30 amended by adding a subdivision to read: 22.31 Subd. 6. [SCHOOL LUNCH PROGRAM; REVOLVING FUND.] The 22.32 commissioner of finance shall establish for the department of 22.33 children, families, and learning, a revolving fund for deposit 22.34 of storage and handling charges paid by recipients of donated 22.35 foods shipped by the school lunch section of the department of 22.36 children, families, and learning. These funds are to be used 23.1 only to pay storage and related charges as they are incurred for 23.2 United States Department of Agriculture foods. 23.3 The commissioner of finance shall also establish a 23.4 revolving fund for the department of children, families, and 23.5 learning to deposit charges paid by recipients of processed 23.6 commodities and for any authorized appropriation transfers for 23.7 the purpose of this subdivision. These funds are to be used 23.8 only to pay for commodity processing and related charges as they 23.9 are incurred using United States Department of Agriculture 23.10 donated commodities. 23.11 Sec. 24. Minnesota Statutes 1994, section 121.16, is 23.12 amended by adding a subdivision to read: 23.13 Subd. 7. [CERTAIN LICENSURE RULES.] The commissioner of 23.14 children, families, and learning shall adopt and maintain as its 23.15 rules for licensure of adult vocational education teachers, 23.16 supervisory, and support personnel the rules of the former state 23.17 board of technical colleges as published in Minnesota Rules 1993. 23.18 Sec. 25. Minnesota Statutes 1994, section 121.48, is 23.19 amended to read: 23.20 121.48 [PURCHASE OF ANNUITY FOR EMPLOYEES.] 23.21 Subdivision 1. At the request of an employee, thestate23.22board of educationcommissioner of children, families, and 23.23 learning may negotiate and purchase an individual annuity 23.24 contract from a company licensed to do business in the state of 23.25 Minnesota for an employee for retirement or other purposes and 23.26 may allocate a portion of the compensation otherwise payable to 23.27 the employee as salary for the purpose of paying the entire 23.28 premium due or to become due under such contract. The 23.29 allocation shall be made in a manner which will qualify the 23.30 annuity premiums, or a portion thereof, for the benefit afforded 23.31 under section 403(b) of the current federal Internal Revenue 23.32 Code or any equivalent provision of subsequent federal income 23.33 tax law. The employee shall own such contract and the 23.34 employee's rights thereunder shall be nonforfeitable except for 23.35 failure to pay premiums. 23.36 Subd. 2. All amounts so allocated shall be deposited in an 24.1 annuity account which is hereby established in the state 24.2 treasury. There is annually appropriated from the annuity 24.3 account in the state treasury to thestate board of education24.4 commissioner of children, families, and learning all moneys 24.5 deposited therein for the payment of annuity premiums when due 24.6 or for other application in accordance with the salary agreement 24.7 entered into between the employee and thestate board of24.8educationcommissioner of children, families, and learning. The 24.9 moneys in the annuity account in the state treasury are not 24.10 subject to the budget, allotment, and incumbrance system 24.11 provided for in chapter 16A and any act amendatory thereof. 24.12 Sec. 26. Minnesota Statutes 1995 Supplement, section 24.13 121.585, subdivision 2, is amended to read: 24.14 Subd. 2. [STATE BOARDCOMMISSIONER DESIGNATION.] An area 24.15 learning center designated by thestatecommissioner of 24.16 children, families, and learning must be a site. To be 24.17 designated, a district or center must demonstrate to the 24.18 commissioner of children, families, and learning that it will: 24.19 (1) provide a program of instruction that permits pupils to 24.20 receive instruction throughout the entire year; and 24.21 (2) maintain a record system that, for purposes of section 24.22 124.17, permits identification of membership attributable to 24.23 pupils participating in the program. The record system and 24.24 identification must ensure that the program will not have the 24.25 effect of increasing the total number of pupil units 24.26 attributable to an individual pupil as a result of a learning 24.27 year program. 24.28 Sec. 27. Minnesota Statutes 1994, section 121.585, 24.29 subdivision 8, is amended to read: 24.30 Subd. 8. [EXEMPTION.] To operate the pilot program, 24.31 thestate board of educationcommissioner of children, families, 24.32 and learning may exempt the district from specific rules 24.33 relating to student and financial accounting, reporting, and 24.34 revenue computation. 24.35 Sec. 28. Minnesota Statutes 1994, section 121.612, 24.36 subdivision 2, is amended to read: 25.1 Subd. 2. [CREATION OF FOUNDATION.] There is created the 25.2 Minnesota academic excellence foundation. The purpose of the 25.3 foundation shall be to promote academic excellence in Minnesota 25.4 public and nonpublic schools and communities through 25.5 public-private partnerships. The foundation shall be a 25.6 nonprofit organization. The board of directors of the 25.7 foundation and foundation activities are under the direction of 25.8 thestate board of educationcommissioner of children, families, 25.9 and learning. 25.10 Sec. 29. Minnesota Statutes 1995 Supplement, section 25.11 121.612, subdivision 3, is amended to read: 25.12 Subd. 3. [BOARD OF DIRECTORS.] The board of directors of 25.13 the foundation shall consist of the commissioner of children, 25.14 families, and learning, a member of the stateboard ofeducation 25.15 advisory council selected by thestate boardcouncil who shall 25.16 serve as chair and 20 members to be appointed by the governor. 25.17 Of the 20 members appointed by the governor, eight shall 25.18 represent a variety of education groups and 12 shall represent a 25.19 variety of business groups. The commissioner of children, 25.20 families, and learning shall serve as secretary for the board of 25.21 directors and provide administrative support to the foundation. 25.22 An executive committee of the foundation board composed of the 25.23 board officers and chairs of board committees, may only advise 25.24 and make recommendations to the foundation board. 25.25 Sec. 30. Minnesota Statutes 1994, section 121.612, 25.26 subdivision 6, is amended to read: 25.27 Subd. 6. [CONTRACTS.] The foundation board shall review 25.28 and approve each contract of the board. Each contract of the 25.29 foundation board shall be subject to the same review and 25.30 approval procedures as a contract of thestate board of25.31educationdepartment of children, families, and learning. 25.32 Sec. 31. Minnesota Statutes 1994, section 121.612, 25.33 subdivision 7, is amended to read: 25.34 Subd. 7. [FOUNDATION STAFF.] (a) Thestate board25.35 commissioner shall appoint the executive director and other 25.36 staff who shall perform duties and have responsibilities solely 26.1 related to the foundation. 26.2 (b) As part of the annual plan of work, the foundation, 26.3 under the direction of thestate boardcommissioner, may appoint 26.4 up to three employees. The employees appointed under this 26.5 paragraph are not state employees under chapter 43A, but are 26.6 covered under section 3.736. At the foundation board's 26.7 discretion, the employees may participate in the state health 26.8 and state insurance plans for employees in unclassified 26.9 service. The employees shall be supervised by the executive 26.10 director. 26.11 Sec. 32. Minnesota Statutes 1994, section 121.612, 26.12 subdivision 9, is amended to read: 26.13 Subd. 9. [REPORT.] The board of directors of the 26.14 foundation shall submit an annual report to thestate board of26.15educationcommissioner of children, families, and learning on 26.16 the progress of its activities. The annual report shall contain 26.17 a financial report for the preceding year, including all 26.18 receipts and expenditures of the foundation. 26.19 Sec. 33. Minnesota Statutes 1994, section 121.914, 26.20 subdivision 3, is amended to read: 26.21 Subd. 3. The commissioner shall establish a uniform 26.22 auditing or other verification procedure for school districts to 26.23 determine whether a statutory operating debt exists in any 26.24 Minnesota school district as of June 30, 1977. This procedure 26.25 shall also identify all interfund transfers made during fiscal 26.26 year 1977 from a fund included in computing statutory operating 26.27 debt to a fund not included in computing statutory operating 26.28 debt.The standards for this uniform auditing or verification26.29procedure shall be promulgated by the state board pursuant to26.30chapter 14.If a school district applies to the commissioner 26.31 for a statutory operating debt verification or if the unaudited 26.32 financial statement for the school year ending June 30, 1977 26.33 reveals that a statutory operating debt might exist, the 26.34 commissioner shall require a verification of the amount of the 26.35 statutory operating debt which actually does exist. 26.36 Sec. 34. Minnesota Statutes 1994, section 122.23, 27.1 subdivision 3, is amended to read: 27.2 Subd. 3. A supporting statement to accompany the plat 27.3 shall be prepared by the county auditor. The statement shall 27.4 contain: 27.5 (a) The adjusted net tax capacity of property in the 27.6 proposed district, 27.7 (b) If a part of any district is included in the proposed 27.8 new district, the adjusted net tax capacity of the property and 27.9 the approximate number of pupils residing in the part of the 27.10 district included shall be shown separately and the adjusted net 27.11 tax capacity of the property and the approximate number of 27.12 pupils residing in the part of the district not included shall 27.13 also be shown, 27.14 (c) The reasons for the proposed consolidation, including a 27.15 statement that at the time the plat is submitted to thestate27.16board of educationcommissioner of children, families, and 27.17 learning, no proceedings are pending to dissolve any district 27.18 involved in the plat unless all of the district to be dissolved 27.19 and all of each district to which attachment is proposed is 27.20 included in the plat, 27.21 (d) A statement showing that the jurisdictional fact 27.22 requirements of subdivision 1 are met by the proposal, 27.23 (e) Any proposal contained in the resolution or petition 27.24 regarding the disposition of the bonded debt, outstanding energy 27.25 loans made according to section 216C.37 or sections 298.292 to 27.26 298.298, capital loan obligations, or referendum levies of 27.27 component districts, 27.28 (f) Any other information the county auditor desires to 27.29 include, and 27.30 (g) The signature of the county auditor. 27.31 Sec. 35. Minnesota Statutes 1995 Supplement, section 27.32 122.242, subdivision 1, is amended to read: 27.33 Subdivision 1. [ADOPTION ANDSTATE BOARDCOMMISSIONER 27.34 REVIEW.] Each school board must adopt, by resolution, a plan for 27.35 cooperation and combination. The plan must address each item in 27.36 this section. The plan must be specific for any item that will 28.1 occur within three years and may be general or set forth 28.2 alternative resolutions for an item that will occur in more than 28.3 three years. The plan must be submitted to thestate board of28.4educationcommissioner of children, families, and learning and 28.5 the secretary of state for review and comment. Significant 28.6 modifications and specific resolutions of items must be 28.7 submitted to thestate boardcommissioner for review and 28.8 comment. In the official newspaper of each district proposed 28.9 for combination, the school board must publish at least a 28.10 summary of the adopted plans, each significant modification and 28.11 resolution of items, and eachstate boardcommissioner review 28.12 and comment. 28.13 Sec. 36. Minnesota Statutes 1994, section 122.242, 28.14 subdivision 2, is amended to read: 28.15 Subd. 2. [RULE EXEMPTIONS.] The plan must identify the 28.16 rules of thestate board of educationdepartment of children, 28.17 families, and learning from which the district intends to 28.18 request exemption, according to Minnesota Rules, part28.193500.1000. The plan may provide information about state laws 28.20 that deter or impair cooperation or combination. 28.21 Sec. 37. Minnesota Statutes 1994, section 123.38, 28.22 subdivision 3, is amended to read: 28.23 Subd. 3. The board may enter into a contract providing for 28.24 the payment of cash benefits or the rendering or payment of 28.25 hospital and medical benefits, or both to school children 28.26 injured while participating in activities of the school, such 28.27 contract to make the payment of such benefits or the rendering 28.28 thereof the direct and sole obligation of the association or 28.29 company entering into such contract with the district. 28.30 If the board deems it advisable, it may authorize employees 28.31 to collect fees from the pupils enrolled in said school who are 28.32 to be or are covered by such contract, and to make payment of 28.33 the premium or other charge for such contract or protection. 28.34 The payment of such premium or other charge may be made from 28.35 funds received from the federal government or from the state or 28.36 any governmental subdivision thereof, or from funds derived by a 29.1 tax levy or the issuance of bonds. 29.2 The payment of any fees, premium or other charge by such 29.3 child shall not thereby make the district liable for any 29.4 injuries incurred from such school activities. 29.5 Thestate board of educationcommissioner of children, 29.6 families, and learning may purchase medical insurance coverage 29.7 for the benefit of students of the Minnesota state academy for 29.8 the deaf or the Minnesota state academy for the blind in the 29.9 same manner and with the same effect as a school district board 29.10 may do for its students under this subdivision. 29.11 Sec. 38. Minnesota Statutes 1994, section 123.39, 29.12 subdivision 8a, is amended to read: 29.13 Subd. 8a. Notwithstanding the provisions of section 29.14 221.021, any public school district or school bus contractor 29.15 providing transportation services to a school district on a 29.16 regular basis in this state may operate school buses, excluding 29.17 motor coach buses, for the purpose of providing transportation 29.18 to nonpupils of the school district attending school events, as 29.19 defined in section 123.38, subdivision 2a or 2b, provided that 29.20 no carrier having a charter carrier permit has its principal 29.21 office and place of business or bus garage within 12 miles of 29.22 the principal office of the school district. School district 29.23 owned buses and the operators thereof shall otherwise comply 29.24 with the provisions of this section and the rules of thestate29.25board of educationdepartment of public safety and shall be 29.26 insured in at least the amounts stated in section 466.04, 29.27 subdivision 1. In all cases the total cost of providing such 29.28 services, as determined by sound accounting procedures, shall be 29.29 paid by charges made against those using the buses. 29.30 Sec. 39. Minnesota Statutes 1994, section 123.933, 29.31 subdivision 1, is amended to read: 29.32 Subdivision 1.The state board of education shall29.33promulgate rules under the provisions of chapter 14 requiring29.34that in each school year,Based upon formal requests by or on 29.35 behalf of nonpublic school pupils in a nonpublic school,the29.36 local school districts or intermediary service areas shall 30.1 purchase or otherwise acquire textbooks, individualized 30.2 instructional materials and standardized tests and loan or 30.3 provide them for use by children enrolled in that nonpublic 30.4 school. These textbooks, individualized instructional materials 30.5 and standardized tests shall be loaned or provided free to the 30.6 children for the school year for which requested.The loan or30.7provision of the textbooks, individualized instructional30.8materials and standardized tests shall be subject to rules30.9prescribed by the state board of education.30.10 Sec. 40. Minnesota Statutes 1994, section 123.947, is 30.11 amended to read: 30.12 123.947 [USE OF INDIVIDUALIZED INSTRUCTIONAL MATERIALS.] 30.13 (a) The commissioner shall assure that textbooks and 30.14 individualized instructional materials loaned to nonpublic 30.15 school pupils are secular, neutral, nonideological and that they 30.16 are incapable of diversion for religious use. 30.17 (b) Textbooks and individualized instructional materials 30.18 shall not be used in religious courses, devotional exercises, 30.19 religious training or any other religious activity. 30.20 (c) Textbooks and individualized instructional materials 30.21 shall be loaned only to individual pupils upon the request of a 30.22 parent or guardian or the pupil on a form designated for this 30.23 use by the commissioner. The request forms shall provide for 30.24 verification by the parent or guardian or pupil that the 30.25 requested textbooks and individualized instructional materials 30.26 are for the use of the individual pupil in connection with a 30.27 program of instruction in the pupil's elementary or secondary 30.28 school. 30.29 (d) The servicing school district or the intermediary 30.30 service area shall take adequate measures to ensure an accurate 30.31 and periodic inventory of all textbooks and individualized 30.32 instructional materials loaned to elementary and secondary 30.33 school pupils attending nonpublic schools. Thestate board of30.34education shall promulgate rules under the provisions of chapter30.3514 tocommissioner of children, families, and learning may 30.36 terminate the eligibility of any nonpublic school pupil if the 31.1 commissioner determines, after notice and opportunity for 31.2 hearing, that the textbooks or individualized instructional 31.3 materials have been used in a manner contrary to the provisions 31.4 of section 123.932, subdivision 1e, 123.933, or this sectionor31.5any rules promulgated by the state board of education. 31.6 (e) Nothing contained in section 123.932, subdivision 1e, 31.7 123.933, or this section shall be construed to authorize the 31.8 making of any payments to a nonpublic school or its faculty, 31.9 staff or administrators for religious worship or instruction or 31.10 for any other purpose. 31.11 Sec. 41. Minnesota Statutes 1994, section 124.14, 31.12 subdivision 1, is amended to read: 31.13 Subdivision 1. The commissioner shall supervise 31.14 distribution of school aids and grants in accordance with law. 31.15ItThe commissioner may make rules consistent with law for the 31.16 distribution to enable districts to perform efficiently the 31.17 services required by law and further education in the state, 31.18 including reasonable requirements for the reports and accounts 31.19 to it as will assure accurate and lawful apportionment of aids. 31.20 State and federal aids and discretionary or entitlement grants 31.21 distributed by the commissioner shall not be subject to the 31.22 contract approval procedures of the commissioner of 31.23 administration or to chapter 16A or 16B. The commissioner shall 31.24 adopt internal procedures for administration and monitoring of 31.25 aids and grants. 31.26 Sec. 42. Minnesota Statutes 1994, section 124.14, 31.27 subdivision 4, is amended to read: 31.28 Subd. 4. [FINAL DECISION AND RECORDS.] A reduction of aid 31.29 under this section may be appealed to thestate board of31.30educationcommissioner of finance anditsthe decision shall be 31.31 final. Public schools shall at all times be open to the 31.32 inspection of the commissioner of children, families, and 31.33 learning, and the accounts and records of any district shall be 31.34 open to inspection by the state auditor, the state board,or the 31.35 commissioner of children, families, and learning for the purpose 31.36 of audits conducted under this section. Each district shall 32.1 keep for a minimum of three years at least the following: (1) 32.2 identification of the annual session days held, together with a 32.3 record of the length of each session day, (2) a record of each 32.4 pupil's daily attendance, with entrance and withdrawal dates, 32.5 and (3) identification of the pupils transported who are 32.6 reported for transportation aid. 32.7 Sec. 43. Minnesota Statutes 1994, section 124.15, 32.8 subdivision 2, is amended to read: 32.9 Subd. 2. Whenever the board of the district authorizes or 32.10 permits within the district violations of law by: 32.11 (1) employment in a public school of the district of a 32.12 teacher who does not hold a valid teaching license or permit, or 32.13 (2) noncompliance with a mandatory rule of general 32.14 application promulgated by thestate boardcommissioner of 32.15 children, families, and learning in accordance with statute in 32.16 the absence of special circumstances making enforcement thereof 32.17 inequitable, contrary to the best interest of, or imposing an 32.18 extraordinary hardship on, the district affected, or 32.19 (3) continued performance by the district of a contract 32.20 made for the rental of rooms or buildings for school purposes or 32.21 for the rental of any facility owned or operated by or under the 32.22 direction of any private organization, which contract has been 32.23 disapproved where time for review of the determination of 32.24 disapproval has expired and no proceeding for review is pending, 32.25 or 32.26 (4) any practice which is a violation of sections 1 and 2 32.27 of article 13 of the Constitution of the state of Minnesota, or 32.28 (5) failure to provide reasonably for the school attendance 32.29 to which a resident pupil is entitled under Minnesota Statutes, 32.30 or 32.31 (6) noncompliance with state laws prohibiting 32.32 discrimination because of race, color, creed, religion, national 32.33 origin, sex, age, marital status, status with regard to public 32.34 assistance or disability, as defined in section 363.03, 32.35 the special state aid to which a district is otherwise 32.36 entitled for any school year shall be reduced in the amount and 33.1 upon the procedure provided in this section or, in the case of 33.2 the violation stated in clause (1), upon the procedure provided 33.3 in section 124.19, subdivision 3. 33.4 Sec. 44. Minnesota Statutes 1995 Supplement, section 33.5 124.15, subdivision 2a, is amended to read: 33.6 Subd. 2a.After consultation with the commissioner of33.7human rights, the state board of education shall adopt rules in33.8conformance with chapter 14 which directSchool districtsto33.9 shall file with the commissioner of children, families, and 33.10 learning assurances of compliance with state and federal laws 33.11 prohibiting discrimination andwhich specify the information33.12required to be submitted in support of the assurancessupporting 33.13 information. The commissioner of children, families, and 33.14 learning shall provide copies of the assurances and the 33.15 supportive information to the commissioner of human rights. If, 33.16 after reviewing the assurances and the supportive information it 33.17 appears that one or more violations of the Minnesota human 33.18 rights act are occurring in the district, the commissioner of 33.19 human rights shall notify the commissioner of children, 33.20 families, and learning of the violations, and the commissioner 33.21 of children, families, and learning may then proceed pursuant to 33.22 subdivision 3. 33.23 Sec. 45. Minnesota Statutes 1994, section 124.15, 33.24 subdivision 4, is amended to read: 33.25 Subd. 4. The board to which such notice is given may by a 33.26 majority vote of the whole board decide to dispute that the 33.27 specified violation exists or that the time allowed is 33.28 reasonable or the correction specified is correct, or that the 33.29 commissioner may reduce aids, in which case written notice of 33.30 such decision shall be given the commissioner. If the 33.31 commissioner, after such further investigation as the 33.32 commissioner deems necessary, adheres to the previous notice, 33.33 such board shall be entitled to a hearingby the state board, in33.34which event a time and place shall be set therefor and notice be33.35given by mail to the board of the districtunder sections 14.50 33.36 to 14.53.The state board shall adopt rules governing the34.1proceedings for hearings which shall be designed to give a full34.2and fair hearing and permit interested parties an opportunity to34.3produce evidence relating to the issues involved. Such rules34.4may provide that any question of fact to be determined upon such34.5review may be referred to one or more members of the board or to34.6an employee of the state board acting as a referee to hear34.7evidence and report to the state board the testimony taken. The34.8state board, or any person designated to receive evidence upon a34.9review under this act, shall have the same right to issue34.10subpoenas and administer oaths and parties to the review shall34.11have the same right to subpoenas issued as are accorded with34.12respect to proceedings before the industrial commission. There34.13shall be a stenographic record made of all testimony given and34.14other proceedings during such hearing, and as far as practicable34.15rules governing reception of evidence in courts shall obtain.34.16The decision of the state board shall be in writing and the34.17controlling facts upon which the decision is made shall be34.18stated in sufficient detail to apprise the parties and the34.19reviewing court the basis and reason of the decision. The34.20decision shall be confined to whether or not the specified34.21violations or any of them existed at the date of the34.22commissioner's first notice, whether such violations as did34.23exist were corrected within the time permitted, and whether such34.24violations require reduction of the state aids under this34.25section.34.26 Sec. 46. Minnesota Statutes 1994, section 124.15, 34.27 subdivision 5, is amended to read: 34.28 Subd. 5. [VIOLATION; AID REDUCTION.] If the violation 34.29 specified is corrected within the time permitted, or if the 34.30 commissioner on being notified of the district board's decision 34.31 to dispute decides the violation does not exist, or ifthe state34.32board decidesafter hearing no violation specified in the 34.33 commissioner's notice is found to have existed at the time of 34.34 it, or that any that existed were corrected within the time 34.35 permitted, there shall be no reduction of state aids payable to 34.36 the school district. Otherwise state aids payable to the 35.1 district for the year in which the violation occurred shall be 35.2 reduced as follows: The total amount of state aids to which the 35.3 district may be entitled shall be reduced in the proportion that 35.4 the period during which a specified violation continued, 35.5 computed from the last day of the time permitted for correction, 35.6 bears to the total number of days school is held in the district 35.7 during the year in which a violation exists, multiplied by 60 35.8 percent of the basic revenue, as defined in section 124A.22, 35.9 subdivision 2, of the district for that year. 35.10 Sec. 47. Minnesota Statutes 1994, section 124.15, 35.11 subdivision 7, is amended to read: 35.12 Subd. 7. [APPEAL.] A decisionof the state boardunder 35.13 this section may be appealed in accordance with chapter 14. 35.14 Sec. 48. Minnesota Statutes 1995 Supplement, section 35.15 124.223, subdivision 11, is amended to read: 35.16 Subd. 11. [RULES.] Thestate board of education35.17 commissioner of children, families, and learning may amend rules 35.18 relating to transportation data. 35.19 Sec. 49. Minnesota Statutes 1995 Supplement, section 35.20 124.41, subdivision 2, is amended to read: 35.21 Subd. 2. [APPLICATION FORMS; RULES.] The commissioner, 35.22 with the assistance of the attorney general or a designated 35.23 assistant, shall prepare forms of applications for debt service 35.24 loans and capital loans and instruments evidencing the loans. 35.25The state board shall promulgate rules to facilitate the35.26commissioner's operations in compliance with sections 124.36 to35.27124.46. The rules shall be subject to the procedure set forth35.28in sections 14.02, 14.04 to 14.28, 14.38, 14.44 to 14.45, and35.2914.57 to 14.62.35.30 Sec. 50. Minnesota Statutes 1995 Supplement, section 35.31 124.431, subdivision 7, is amended to read: 35.32 Subd. 7. [RECOMMENDATIONS OF THE COMMISSIONER.] The 35.33 commissionershall examine and consider applications for capital35.34loans that have been approved by the state board of education,35.35and promptly notify any district rejected by the state board of35.36the state board's decisionmay either approve or reject an 36.1 application for a capital loan. 36.2 The commissioner shall report each capital loan that has 36.3 been approvedby the state boardand that has received voter 36.4 approval to the education committees of the legislature by 36.5 January 1 of each even-numbered year. The commissioner must not 36.6 report a capital loan that has not received voter approval. The 36.7 commissioner shall also report on the money remaining in the 36.8 capital loan account and, if necessary, request that another 36.9 bond issue be authorized. 36.10 Sec. 51. Minnesota Statutes 1994, section 124.48, is 36.11 amended to read: 36.12 124.48 [INDIAN SCHOLARSHIPS.] 36.13 Subdivision 1. [AWARDS.] Thestate boardcommissioner of 36.14 children, families, and learning, with the advice and counsel of 36.15 the Minnesota Indian scholarship committee, may award 36.16 scholarships to any Minnesota resident student who is of 36.17 one-fourth or more Indian ancestry, who has applied for other 36.18 existing state and federal scholarship and grant programs, and 36.19 who, in the opinion of theboardcommissioner, has the 36.20 capabilities to benefit from further education. Scholarships 36.21 shall be for advanced or specialized education in accredited or 36.22 approved colleges or in business, technical or vocational 36.23 schools. Scholarships shall be used to defray the total cost of 36.24 education including tuition, incidental fees, books, supplies, 36.25 transportation, other related school costs and the cost of board 36.26 and room and shall be paid directly to the college or school 36.27 concerned. The total cost of education includes all tuition and 36.28 fees for each student enrolling in a public institution and the 36.29 portion of tuition and fees for each student enrolling in a 36.30 private institution that does not exceed the tuition and fees at 36.31 a comparable public institution. Each student shall be awarded 36.32 a scholarship based on the total cost of the student's education 36.33 and a standardized need analysis. The amount and type of each 36.34 scholarship shall be determined through the advice and counsel 36.35 of the Minnesota Indian scholarship committee. 36.36 When an Indian student satisfactorily completes the work 37.1 required by a certain college or school in a school year the 37.2 student is eligible for additional scholarships, if additional 37.3 training is necessary to reach the student's educational and 37.4 vocational objective. Scholarships may not be given to any 37.5 Indian student for more than five years of study without special 37.6 approval of the Minnesota Indian scholarship committee. 37.7 Subd. 3. [INDIAN SCHOLARSHIP COMMITTEE.] The Minnesota 37.8 Indian scholarship committee is established. Members shall be 37.9 appointed by the state board with the assistance of the Indian 37.10 affairs council as provided in section 3.922, subdivision 6. 37.11 Members shall be reimbursed for expenses as provided in section 37.12 15.059, subdivision 6. Thestate boardcommissioner shall 37.13 determine the membership terms and duration of the committee, 37.14 which expires no later than June 30, 1997. The committee shall 37.15 provide advice to thestate boardcommissioner in awarding 37.16 scholarships to eligible American Indian students and in 37.17 administering thestate board'scommissioner's duties regarding 37.18 awarding of American Indian post-secondary preparation grants to 37.19 school districts. 37.20 Sec. 52. Minnesota Statutes 1994, section 124.573, 37.21 subdivision 3, is amended to read: 37.22 Subd. 3. [COMPLIANCE WITH RULES.] Aid shall be paid under 37.23 this section only for services rendered or for costs incurred in 37.24 secondary vocational education programs approved by the 37.25 commissioner and operated in accordance with rules promulgated 37.26 by thestate boardcommissioner. These rules shall provide 37.27 minimum student-staff ratios required for a secondary vocational 37.28 education program area to qualify for this aid. The rules must 37.29 not require the collection of data at the program or course 37.30 level to calculate secondary vocational aid. The rules shall 37.31 not require any minimum number of administrative staff, any 37.32 minimum period of coordination time or extended employment for 37.33 secondary vocational education personnel, or the availability of 37.34 vocational student activities or organizations for a secondary 37.35 vocational education program to qualify for this aid. The 37.36 requirement in these rules that program components be available 38.1 for a minimum number of hours shall not be construed to prevent 38.2 pupils from enrolling in secondary vocational education courses 38.3 on an exploratory basis for less than a full school year. The 38.4state boardcommissioner shall not require a school district to 38.5 offer more than four credits or 560 hours of vocational 38.6 education course offerings in any school year. Rules relating 38.7 to secondary vocational education programs shall not incorporate 38.8 the provisions of the state plan for vocational education by 38.9 reference. This aid shall be paid only for services rendered 38.10 and for costs incurred by essential, licensed personnel who meet 38.11 the work experience requirements for licensure pursuant to the 38.12 rules of thestate boardcommissioner. Licensed personnel means 38.13 persons holding a valid secondary vocational license issued by 38.14 the commissioner, except that when an average of five or fewer 38.15 secondary full-time equivalent students are enrolled per teacher 38.16 in an approved post-secondary program at intermediate district 38.17 No. 287, 916, or 917, licensed personnel means persons holding a 38.18 valid vocational license issued by the commissioner or the state 38.19 board for vocational technical education. Notwithstanding 38.20 section 124.15, the commissioner may modify or withdraw the 38.21 program or aid approval and withhold aid under this section 38.22 without proceeding under section 124.15 at any time. To do so, 38.23 the commissioner must determine that the program does not comply 38.24 with the rulesof the state boardor that any facts concerning 38.25 the program or its budget differ from the facts in the 38.26 district's approved application. 38.27 Sec. 53. Minnesota Statutes 1995 Supplement, section 38.28 124.573, subdivision 3a, is amended to read: 38.29 Subd. 3a. [AID FOR CONTRACTED SERVICES.] In addition to 38.30 the provisions of subdivisions 2 and 3, a school district or 38.31 cooperative center may contract with a public or private agency 38.32 other than a Minnesota school district or cooperative center for 38.33 the provision of secondary vocational education services.The38.34state board shall promulgate rules relating to program approval38.35procedures and criteria for these contracts andAid shall be 38.36 paid only for contracts approved by the commissioner of 39.1 children, families, and learning. For the purposes of 39.2 subdivision 4, the district or cooperative center contracting 39.3 for these services shall be construed to be providing the 39.4 services. 39.5 Sec. 54. Minnesota Statutes 1995 Supplement, section 39.6 124.574, subdivision 5, is amended to read: 39.7 Subd. 5. The aid provided pursuant to this section shall 39.8 be paid only for services rendered as designated in subdivision 39.9 2 or for the costs designated in subdivision 3 which are 39.10 incurred in secondary vocational education programs for children 39.11 with a disability which are approved by the commissioner of 39.12 children, families, and learning and operated in accordance with 39.13 rules promulgated by thestate boardcommissioner. These rules 39.14 shall be subject to the restrictions provided in section 39.15 124.573, subdivision 3. The procedure for application for 39.16 approval of these programs shall be as provided in section 39.17 124.32, subdivisions 7 and 10, and the application review 39.18 process shall be conducted by the vocational education section 39.19 of the state department. 39.20 Sec. 55. Minnesota Statutes 1995 Supplement, section 39.21 124.625, is amended to read: 39.22 124.625 [VETERANS TRAINING.] 39.23 The commissioner shall continue the veterans training 39.24 program. All receipts to the veterans training revolving fund 39.25 for the veterans training program are appropriated to the 39.26 commissioner to pay the necessary expenses of operation of the 39.27 program. The department of children, families, and learning 39.28 shall act as the state agency for approving educational 39.29 institutions for purposes of United States Code, title 38, 39.30 chapter 36, relating to educational benefits for veterans and 39.31 other persons. Thestate boardcommissioner may adopt rules to 39.32 fulfillitsthe department's obligations as the state approving 39.33 agency. All federal money received for purposes of the veterans 39.34 training program shall be deposited in the veterans training 39.35 revolving fund and is appropriated to the department for those 39.36 purposes. 40.1 Sec. 56. Minnesota Statutes 1995 Supplement, section 40.2 124C.12, subdivision 1, is amended to read: 40.3 Subdivision 1. [ESTABLISHMENT.] A program is established 40.4 under the direction of thestate board of educationcommissioner 40.5 of children, families, and learning with the cooperation of the 40.6 commissioners ofchildren, families, and learning,health,and 40.7 human services. It is expected that participants and other 40.8 districts will become exemplary districts by the year 2000. 40.9 Sec. 57. Minnesota Statutes 1994, section 124C.12, 40.10 subdivision 4, is amended to read: 40.11 Subd. 4. [APPLICATION PROCESS.] To obtain revenue, a 40.12 district or districts must submit an application to thestate40.13boardcommissioner of children, families, and learning in the 40.14 form and manner established by thestate boardcommissioner. 40.15 Additional information may be required by thestate40.16boardcommissioner. 40.17 Sec. 58. Minnesota Statutes 1994, section 124C.12, 40.18 subdivision 5, is amended to read: 40.19 Subd. 5. [REVENUE.] Thestate boardcommissioner may award 40.20 revenue to up to four applicants. Theboardcommissioner may 40.21 determine the size of the award based upon the application. 40.22 Recipients must be located throughout the state. 40.23 Sec. 59. Minnesota Statutes 1994, section 124C.46, 40.24 subdivision 3, is amended to read: 40.25 Subd. 3. [RULES EXEMPTION.] Notwithstanding any law to the 40.26 contrary, the center programs must be available throughout the 40.27 entire year. Pupils in a center may receive instruction for 40.28 more than or less than the daily number of hours required by the 40.29 rules of thestate board of educationdepartment of children, 40.30 families, and learning. However, a pupil must receive 40.31 instruction each year for at least the total number of 40.32 instructional hours required by statutesand rules.A center40.33may petition the state board under Minnesota Rules, part40.343500.1000, for exemption from other rules.40.35 Sec. 60. Minnesota Statutes 1995 Supplement, section 40.36 125.05, subdivision 1, is amended to read: 41.1 Subdivision 1. [AUTHORITY TO LICENSE.] (a) The board of 41.2 teaching shall license teachers, as defined in section 125.03, 41.3 subdivision 1, except for supervisory personnel, as defined in 41.4 section 125.03, subdivision 4. 41.5 (b) Thestate board of educationdepartment of children, 41.6 families, and learning shall license supervisory personnel as 41.7 defined in section 125.03, subdivision 4. 41.8 (c) The state board of technical colleges, according to 41.9 section 136C.04, shall license post-secondary vocational and 41.10 adult vocational teachers, support personnel, and supervisory 41.11 personnel in technical colleges. 41.12 (d) Licenses under the jurisdiction of the board of 41.13 teaching and thestate board of educationdepartment of 41.14 children, families, and learning must be issued through the 41.15 licensing section of the department of children, families, and 41.16 learning. 41.17 Sec. 61. Minnesota Statutes 1994, section 125.05, 41.18 subdivision 1c, is amended to read: 41.19 Subd. 1c. [SUPERVISORY AND COACH QUALIFICATIONS.] The 41.20state board of educationdepartment of children, families, and 41.21 learning shall issue licenses under its jurisdiction to persons 41.22 thestate boardcommissioner of children, families, and learning 41.23 finds to be qualified and competent for their respective 41.24 positions under the rulesitthe commissioner adopts. 41.25 Sec. 62. Minnesota Statutes 1995 Supplement, section 41.26 125.05, subdivision 2, is amended to read: 41.27 Subd. 2. [EXPIRATION AND RENEWAL.] Each license issued 41.28 through the licensing section of the department of children, 41.29 families, and learning must bear the date of issue. Licenses 41.30 must expire and be renewed in accordance with the respective 41.31 rules adopted by the board of teaching or thestate board of41.32educationcommissioner of children, families, and learning. 41.33 Requirements for renewal of a license must include production of 41.34 satisfactory evidence of successful teaching experience for at 41.35 least one school year during the period covered by the license 41.36 in grades or subjects for which the license is valid or 42.1 completion of such additional preparation as the board of 42.2 teaching shall prescribe. Requirements for renewal of the 42.3 licenses of supervisory personnel must be established by 42.4 thestate board of educationcommissioner of children, families, 42.5 and learning. 42.6 Sec. 63. Minnesota Statutes 1994, section 125.05, 42.7 subdivision 4, is amended to read: 42.8 Subd. 4. [HUMAN RELATIONS.] The board of teaching and 42.9 thestate board of educationdepartment of children, families, 42.10 and learning shall accept training programs completed through 42.11 Peace Corps, VISTA, or Teacher Corps in lieu of completion of 42.12 the human relations component of the training program for 42.13 purposes of issuing or renewing a license in education. 42.14 Sec. 64. Minnesota Statutes 1995 Supplement, section 42.15 125.09, subdivision 1, is amended to read: 42.16 Subdivision 1. [GROUNDS FOR REVOCATION, SUSPENSION, OR 42.17 DENIAL.] The board of teaching or thestate board of42.18educationdepartment of children, families, and learning, 42.19 whichever has jurisdiction over a teacher's licensure, may, on 42.20 the written complaint of the school board employing a teacher, a 42.21 teacher organization, or any other interested person, which 42.22 complaint shall specify the nature and character of the charges, 42.23 refuse to issue, refuse to renew, suspend, or revoke a teacher's 42.24 license to teach for any of the following causes: 42.25 (1) Immoral character or conduct; 42.26 (2) Failure, without justifiable cause, to teach for the 42.27 term of the teacher's contract; 42.28 (3) Gross inefficiency or willful neglect of duty; or 42.29 (4) Failure to meet licensure requirements; or 42.30 (5) Fraud or misrepresentation in obtaining a license. 42.31 For purposes of this subdivision, the board of teaching is 42.32 delegated the authority to suspend or revoke coaching licenses 42.33 under the jurisdiction of thestate board of education42.34 department of children, families, and learning. 42.35 Sec. 65. Minnesota Statutes 1994, section 125.09, 42.36 subdivision 4, is amended to read: 43.1 Subd. 4. [MANDATORY REPORTING.] A school board shall 43.2 report to the board of teaching, thestate board of education43.3 department of children, families, and learning, or thestate43.4 board oftechnical collegestrustees of the Minnesota state 43.5 colleges and universities, whichever has jurisdiction over the 43.6 teacher's license, when its teacher is discharged or resigns 43.7 from employment after a charge is filed with the school board 43.8 under section 125.17, subdivisions 4, clauses (1), (2), and (3), 43.9 and 5, or after charges are filed that are ground for discharge 43.10 under section 125.12, subdivision 8, clauses (a), (b), (c), (d), 43.11 and (e), or when a teacher is suspended or resigns while an 43.12 investigation is pending under section 125.12, subdivision 8, 43.13 clauses (a), (b), (c), (d), and (e); 125.17, subdivisions 4, 43.14 clauses (1), (2), and (3), and 5; or 626.556. The report must 43.15 be made to the board or department within ten days after the 43.16 discharge, suspension, or resignation has occurred. The 43.17 board or department to which the report is made shall 43.18 investigate the report for violation of subdivision 1 and the 43.19 reporting school board shall cooperate in the investigation. 43.20 Notwithstanding any provision in chapter 13 or any law to the 43.21 contrary, upon written request from the licensing board or 43.22 department having jurisdiction over the teacher's license, a 43.23 school board or school superintendent shall provide the 43.24 licensing board with information about the teacher from the 43.25 school district's files, any termination or disciplinary 43.26 proceeding, any settlement or compromise, or any investigative 43.27 file. Upon written request from the appropriate licensing board 43.28 or department, a school board or school superintendent may, at 43.29 the discretion of the school board or school superintendent, 43.30 solicit the written consent of a student and the student's 43.31 parent to provide the licensingboardentity with information 43.32 that may aid thelicensing boardentity in its investigation and 43.33 license proceedings. The licensingboard'sentity's request 43.34 need not identify a student or parent by name. The consent of 43.35 the student and the student's parent must meet the requirements 43.36 of chapter 13 and Code of Federal Regulations, title 34, section 44.1 99.30. The licensingboardentity may provide a consent form to 44.2 the school district. Any data transmitted to anyboard44.3 licensing entity under this section shall be private data under 44.4 section 13.02, subdivision 12, notwithstanding any other 44.5 classification of the data when it was in the possession of any 44.6 other agency. 44.7 Theboardlicensing entity to which a report is made shall 44.8 transmit to the attorney general's office any record or data it 44.9 receives under this subdivision for the sole purpose of having 44.10 the attorney general's office assistthat boardin its 44.11 investigation. When the attorney general's office has informed 44.12 an employee of the appropriate licensingboardentity in writing 44.13 that grounds exist to suspend or revoke a teacher's license to 44.14 teach, that licensingboardentity must consider suspending or 44.15 revoking or decline to suspend or revoke the teacher's license 44.16 within 45 days of receiving a stipulation executed by the 44.17 teacher under investigation or a recommendation from an 44.18 administrative law judge that disciplinary action be taken. 44.19 Sec. 66. Minnesota Statutes 1994, section 125.121, 44.20 subdivision 1, is amended to read: 44.21 Subdivision 1. Before a district terminates the coaching 44.22 duties of an employee who is required to hold a license as an 44.23 athletic coach from thestate board of educationdepartment of 44.24 children, families, and learning, the district shall notify the 44.25 employee in writing and state its reason for the proposed 44.26 termination. Within 14 days of receiving this notification, the 44.27 employee may request in writing a hearing on the termination 44.28 before theboardcommissioner of children, families, and 44.29 learning. If a hearing is requested, theboardcommissioner 44.30 shall hold a hearing within 25 days according to the hearing 44.31 procedures specified in section 125.12, subdivision 9, and the 44.32 termination shall not be final except upon the order of 44.33 theboardcommissioner after the hearing. 44.34 Sec. 67. Minnesota Statutes 1994, section 125.121, 44.35 subdivision 2, is amended to read: 44.36 Subd. 2. Within ten days after the hearing, theboard45.1 commissioner shall issue a written decision regarding the 45.2 termination. If theboardcommissioner decides to terminate the 45.3 employee's coaching duties, the decision shall state the reason 45.4 on which it is based and include findings of fact based upon 45.5 competent evidence in the record. Theboardcommissioner may 45.6 terminate the employee's duties or not, as it sees fit, for any 45.7 reason which is found to be true based on substantial and 45.8 competent evidence in the record. 45.9 Sec. 68. Minnesota Statutes 1994, section 125.1885, 45.10 subdivision 1, is amended to read: 45.11 Subdivision 1. [REQUIREMENTS.] (a) A preparation program 45.12 that is an alternative to a graduate program in education 45.13 administration for public school administrators to acquire an 45.14 entrance license is established. The program may be offered in 45.15 any administrative field. 45.16 (b) To participate in the alternative preparation program, 45.17 the candidate must: 45.18 (1) have a master's degree in an administrative area; 45.19 (2) have been offered an administrative position in a 45.20 school district, group of districts, or an education district 45.21 approved by thestate board of educationdepartment of children, 45.22 families, and learning to offer an alternative preparation 45.23 licensure program; 45.24 (3) have five years of experience in a field related to 45.25 administration; and 45.26 (4) document successful experiences working with children 45.27 and adults. 45.28 (c) An alternative preparation license is of one year 45.29 duration and is issued by thestate board of education45.30 department of children, families, and learning to participants 45.31 on admission to the alternative preparation program. 45.32 Sec. 69. Minnesota Statutes 1994, section 125.1885, 45.33 subdivision 4, is amended to read: 45.34 Subd. 4. [APPROVAL FOR STANDARD ENTRANCE LICENSE.] The 45.35 resident mentorship team must prepare for thestate board of45.36educationdepartment of children, families, and learning an 46.1 evaluation report on the performance of the alternative 46.2 preparation licensee during the school year and a positive or 46.3 negative recommendation on whether the alternative preparation 46.4 licensee shall receive a standard entrance license. 46.5 Sec. 70. Minnesota Statutes 1994, section 125.1885, 46.6 subdivision 5, is amended to read: 46.7 Subd. 5. [STANDARD ENTRANCE LICENSE.] Thestate board of46.8educationdepartment of children, families, and learning shall 46.9 issue a standard entrance license to an alternative preparation 46.10 licensee who has successfully completed the school year in the 46.11 alternative preparation program and who has received a positive 46.12 recommendation from the licensee's mentorship team. 46.13 Sec. 71. Minnesota Statutes 1994, section 125.702, 46.14 subdivision 2, is amended to read: 46.15 Subd. 2. [RULES AND RIGHTS.] Thestate board of46.16educationdepartment of children, families, and learning may 46.17 waive school district compliance with its rules which would 46.18 prevent implementation of an improved learning program. 46.19 Participation in an improved learning program as a 46.20 principal-teacher, counselor-teacher, or career teacher shall 46.21 not affect seniority in the district or rights under the 46.22 applicable collective bargaining agreement. 46.23 Sec. 72. Minnesota Statutes 1994, section 126.019, as 46.24 amended by Laws 1995, First Special Session chapter 3, article 46.25 16, section 13, is amended to read: 46.26 126.019 [SCHOOL RESTRUCTURING PROGRAM.] 46.27 Subdivision 1. [LEVY AUTHORITY.] (a) The purpose of school 46.28 district restructuring pilots is to examine practices and 46.29 organizational structure for improvement of student achievement 46.30 of education outcomes through site decision-making. A school 46.31 district may submit an application to the department of 46.32 children, families, and learning for school district 46.33 restructuring levy authority. The authority may be for up to 46.34 $50 times the number of actual pupil units at the site. The 46.35 levy is available for the fiscal year for which the pilot 46.36 receives approval and for the subsequent four years. A district 47.1 need only apply once for this authority. The actual amount of 47.2 levy authority given shall depend on the level of power and 47.3 control delegated to a site under section 123.951. Thestate47.4boardcommissioner of children, families, and learning, upon 47.5 consultation of the education chairs of the legislature, shall 47.6 determine criteria for measuring this level and allocating the 47.7 appropriate levy authority. The criteria may include a 47.8 provision that would allow the site decision-making team to 47.9 request waivers from the master contract between the school 47.10 board and the collective bargaining representative in the 47.11 district. Notwithstanding any law to the contrary, thestate47.12board of educationcommissioner of children, families, and 47.13 learning and the state board of teaching may grant waivers that 47.14 would apply only to a single site within the district from 47.15 anyboardrule. The levy authority may be increased or 47.16 decreased by thestate boardcommissioner if a district changes 47.17 implementation of this section. Revenue from the levy must be 47.18 under the control of local site decision-making team and may be 47.19 used for any purpose determined by the team. All information 47.20 about education achievement and effective reduction in 47.21 elementary learner-instructor ratios at the school site must be 47.22 made available to the public. Each school board must 47.23 communicate the availability of this authority to each school 47.24 site in the district. 47.25 (b) The local levy shall be matched dollar for dollar with 47.26 state aid. The commissioner shall not approve total levy 47.27 authority in excess of available state appropriations. 47.28 Subd. 2. [REPORT.] Thestate boardcommissioner shall 47.29 report on the implementation of this section and learning 47.30 improvement results to the education committees of the 47.31 legislature on February 1 of each year. Theboarddepartment of 47.32 children, families, and learning shallalsodevelop model 47.33 reporting forms for districts to use to report to local 47.34 communities. The board shall develop these formsin 47.35 consultation with thedepartment and thechairs of the education 47.36 committees of the legislature. 48.1 Sec. 73. Minnesota Statutes 1994, section 126.36, 48.2 subdivision 4, is amended to read: 48.3 Subd. 4. [TEACHER PREPARATION PROGRAMS.] For the purpose 48.4 of licensing bilingual and English as a second language 48.5 teachers, the board may approve programs at colleges or 48.6 universities designed for their trainingsubject to the approval48.7of the state board of education. 48.8 Sec. 74. Minnesota Statutes 1994, section 126.49, 48.9 subdivision 4, is amended to read: 48.10 Subd. 4. [TEACHER PREPARATION PROGRAMS.] For the purpose 48.11 of licensing American Indian language and culture education 48.12 teachers, the board may approve programs at colleges or 48.13 universities designed for their trainingsubject to the approval48.14of the state board of education. 48.15 Sec. 75. Minnesota Statutes 1994, section 126.52, 48.16 subdivision 5, is amended to read: 48.17 Subd. 5. [COMMUNITY INVOLVEMENT.] Thestate board48.18 commissioner shall provide for the maximum involvement of the 48.19 state committees on American Indian education, parents of 48.20 American Indian children, secondary students eligible to be 48.21 served, American Indian language and culture education teachers, 48.22 American Indian teachers, teachers' aides, representatives of 48.23 community groups, and persons knowledgeable in the field of 48.24 American Indian education, in the formulation of policy and 48.25 procedures relating to the administration of sections 126.45 to 48.26 126.55. 48.27 Sec. 76. Minnesota Statutes 1994, section 126.531, is 48.28 amended to read: 48.29 126.531 [COMMITTEES ON AMERICAN INDIAN EDUCATION PROGRAMS.] 48.30 Subdivision 1. Thestate board of educationcommissioner 48.31 of children, families, and learning shall create one or more 48.32 American Indian education committees. Members shall include 48.33 representatives of tribal bodies, community groups, parents of 48.34 children eligible to be served by the programs, American Indian 48.35 administrators and teachers, persons experienced in the training 48.36 of teachers for American Indian education programs, persons 49.1 involved in programs for American Indian children in American 49.2 Indian schools, and persons knowledgeable in the field of 49.3 American Indian education. Members shall be appointed so as to 49.4 be representative of significant segments of the population of 49.5 American Indians. 49.6 Subd. 2. Each committee on American Indian education 49.7 programs shall advise thestate boardcommissioner in the 49.8 administration ofitsthe commissioner's duties under sections 49.9 126.45 to 126.55 and other programs for the education of 49.10 American Indian people, as determined by thestate board49.11 commissioner. 49.12 Subd. 3. Each committee shall be reimbursed for expenses 49.13 according to section 15.059, subdivision 6. Thestate board49.14 commissioner shall determine the membership terms and the 49.15 duration of each committee. 49.16 Sec. 77. Minnesota Statutes 1994, section 126.82, is 49.17 amended to read: 49.18 126.82 [STATE MULTICULTURAL EDUCATION ADVISORY COMMITTEE.] 49.19 (a) The commissioner shall appoint a state multicultural 49.20 education advisory committee to advise the departmentand the49.21state boardon multicultural education. The committee must have 49.22 12 members and be composed of representatives from among the 49.23 following groups and community organizations: African-American, 49.24 Asian-Pacific, Hispanic, and American Indian. 49.25 (b) The state committee shall provide information and 49.26 recommendations on: 49.27 (1) department procedures for reviewing and approving 49.28 district plans and disseminating information on multicultural 49.29 education; 49.30 (2) department procedures for improving inclusive education 49.31 plans, curriculum and instruction improvement plans, and 49.32 performance-based assessments; 49.33 (3) developing learner outcomes which are multicultural; 49.34 and 49.35 (4) other recommendations that will further inclusive, 49.36 multicultural education. 50.1 (c) The committee shall also participate in determining the 50.2 criteria for and awarding the grants established under Laws 50.3 1993, chapter 224, article 8, section 22, subdivision 8. 50.4 Sec. 78. Minnesota Statutes 1994, section 127.44, is 50.5 amended to read: 50.6 127.44 [AVERSIVE AND DEPRIVATION PROCEDURES.] 50.7 Thestate board of educationcommissioner of children, 50.8 families, and learning shall adopt rules governing the use of 50.9 aversive and deprivation procedures by school district employees 50.10 or persons under contract with a school district. The rules 50.11 must: 50.12 (1) promote the use of positive approaches and must not 50.13 encourage or require the use of aversive or deprivation 50.14 procedures; 50.15 (2) require that planned application of aversive and 50.16 deprivation procedures be a part of an individual education 50.17 plan; 50.18 (3) require parents or guardians to be notified after the 50.19 use of aversive or deprivation procedures in an emergency; 50.20 (4) establish health and safety standards for the use of 50.21 time-out procedures that require a safe environment, continuous 50.22 monitoring of the child, ventilation, and adequate space; and 50.23 (5) contain a list of prohibited procedures. 50.24 Sec. 79. Minnesota Statutes 1994, section 128A.02, as 50.25 amended by Laws 1995, First Special Session chapter 3, article 50.26 11, sections 5, 6, 7, and 8, is amended to read: 50.27 128A.02 [DUTIES OFSTATE BOARD OF EDUCATIONTHE 50.28 COMMISSIONER OF CHILDREN, FAMILIES, AND LEARNING.] 50.29 Subdivision 1. [TO GOVERN.] Thestate board of50.30educationcommissioner of children, families, and learning shall 50.31 govern the state academy for the deaf and the state academy for 50.32 the blind. 50.33 Subd. 3. [MOST BENEFICIAL, LEAST RESTRICTIVE.] Thestate50.34boardcommissioner must do what is necessary to provide the most 50.35 beneficial and least restrictive program of education for each 50.36 pupil at the academies who is handicapped by visual disability 51.1 or deafness. 51.2 Subd. 3b. [PLANNING, EVALUATION, AND REPORTING.] To the 51.3 extent required in school districts, thestate board51.4 commissioner must establish a process for the academies to 51.5 include parent and community input in the planning, evaluation, 51.6 and reporting of curriculum and pupil achievement. 51.7 Subd. 5. [SITE COUNCILS.] Thestate boardcommissioner may 51.8 establish, and appoint members to, a site council at each 51.9 academy. The site councils shall exercise power and authority 51.10 granted by thestate boardcommissioner. Thestate board51.11 commissioner must appoint to each site council the exclusive 51.12 representative's employee designee from each exclusive 51.13 representative at the academies. 51.14 Subd. 6. [TRUSTEE OF ACADEMIES' PROPERTY.] Thestate board51.15 commissioner is the trustee of the academies' property. 51.16 Securities and money, including income from the property, must 51.17 be deposited in the state treasury according to section 51.18 16A.275. The deposits are subject to the order of thestate51.19boardcommissioner. 51.20 Sec. 80. Minnesota Statutes 1994, section 128A.022, as 51.21 amended by Laws 1995, First Special Session chapter 3, article 51.22 11, sections 10 and 11, and article 16, section 13, is amended 51.23 to read: 51.24 128A.022 [POWERS OFSTATE BOARD OF EDUCATIONCOMMISSIONER 51.25 OF CHILDREN, FAMILIES, AND LEARNING.] 51.26 Subdivision 1. [PERSONNEL.] Thestate board of51.27educationcommissioner of children, families, and learning may 51.28 employ central administrative staff members and other personnel 51.29 necessary to provide and support programs and services at each 51.30 academy. 51.31 Subd. 2. [GET HELP FROM DEPARTMENT.] Thestate51.32boardcommissioner may require the department of children, 51.33 families, and learning to provide program leadership, program 51.34 monitoring, and technical assistance at the academies. 51.35 Subd. 3. [UNCLASSIFIED POSITIONS.] Thestate51.36boardcommissioner may place any position other than residential 52.1 academies administrator in the unclassified service. The 52.2 position must meet the criteria in section 43A.08, subdivision 52.3 1a. 52.4 Subd. 4. [RESIDENTIAL AND BUILDING MAINTENANCE SERVICES.] 52.5 Thestate boardcommissioner may enter into agreements with 52.6 public or private agencies or institutions to provide 52.7 residential and building maintenance services. Thestate board52.8 commissioner must first decide that contracting for the services 52.9 is more efficient and less expensive than not contracting for 52.10 them. 52.11 Subd. 6. [STUDENT TEACHERS AND PROFESSIONAL TRAINEES.] (a) 52.12 Thestate boardcommissioner may enter into agreements with 52.13 teacher preparation institutions for student teachers to get 52.14 practical experience at the academies. A licensed teacher must 52.15 provide appropriate supervision of each student teacher. 52.16 (b) Thestate boardcommissioner may enter into agreements 52.17 with accredited higher education institutions for certain 52.18 student trainees to get practical experience at the academies. 52.19 The students must be preparing themselves in a professional 52.20 field that provides special services to children with a 52.21 disability in school programs. To be a student trainee in a 52.22 field, a person must have completed at least two years of an 52.23 approved program in the field. A person who is licensed or 52.24 registered in the field must provide appropriate supervision of 52.25 each student trainee. 52.26 Sec. 81. Minnesota Statutes 1994, section 128A.023, as 52.27 amended by Laws 1995, First Special Session chapter 3, article 52.28 16, section 13, is amended to read: 52.29 128A.023 [DUTIES OF STATE DEPARTMENTS.] 52.30Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND52.31LEARNING.] The department of children, families, and learning52.32must assist the state board of education in preparing reports on52.33the academies.52.34 Subd. 2. [DEPARTMENT OF EMPLOYEE RELATIONS.] The 52.35 department of employee relations, in cooperation with thestate52.36board of educationdepartment of children, families, and 53.1 learning, must develop a statement of necessary qualifications 53.2 and skills for all staff members of the academies. 53.3 Sec. 82. Minnesota Statutes 1994, section 128A.024, 53.4 subdivision 2, is amended to read: 53.5 Subd. 2. [VARIOUS LEVELS OF SERVICE.] The academies must 53.6 provide their pupils with the levels of service defined in rules 53.7 of thestate boardcommissioner. 53.8 Sec. 83. Minnesota Statutes 1995 Supplement, section 53.9 128A.025, subdivision 2, is amended to read: 53.10 Subd. 2. [TEACHER STANDARDS.] A teacher or administrator 53.11 at the academies is subject to the licensure standards of the 53.12 board of teaching or thestate board of educationdepartment of 53.13 children, families, and learning. 53.14 Sec. 84. Minnesota Statutes 1995 Supplement, section 53.15 128A.026, subdivision 1, is amended to read: 53.16 Subdivision 1. [SUBJECTS.] Thestate board of53.17educationcommissioner of children, families, and learning must 53.18 establish procedures for: 53.19 (1) admission, including short-term admission, to the 53.20 academies; 53.21 (2) discharge from the academies; 53.22 (3) decisions on a pupil's program at the academies; and 53.23 (4) evaluation of a pupil's progress at the academies. 53.24 Sec. 85. Minnesota Statutes 1994, section 128A.05, 53.25 subdivision 3, is amended to read: 53.26 Subd. 3. [OUT-OF-STATE ADMISSIONS.] An applicant from 53.27 another state who can benefit from attending either academy may 53.28 be admitted to the academy if the admission does not prevent an 53.29 eligible Minnesota resident from being admitted. Thestate53.30board of educationcommissioner of children, families, and 53.31 learning must obtain reimbursement from the other state for the 53.32 costs of the out-of-state admission. Thestate53.33boardcommissioner may enter into an agreement with the 53.34 appropriate authority in the other state for the reimbursement. 53.35 Money received from another state must be deposited in the 53.36 general fund and credited to the general operating account of 54.1 the academies. The money is appropriated to the academies. 54.2 Sec. 86. Minnesota Statutes 1995 Supplement, section 54.3 128A.07, subdivision 2, is amended to read: 54.4 Subd. 2. [LOCAL SOCIAL SERVICES AGENCY.] If the person 54.5 liable for support of a pupil cannot support the pupil, the 54.6 local social services agency of the county of the pupil's 54.7 residence must do so. The commissioner of children, families, 54.8 and learning must decide how much the local social services 54.9 agency must pay. Thestate board of education must adopt rules54.10that tell how thecommissioneris toshall fix the amount by 54.11 rule. The local social services agency must make the payment to 54.12 the superintendent of the school district of residence. 54.13 Sec. 87. Minnesota Statutes 1994, section 128A.09, 54.14 subdivision 3, is amended to read: 54.15 Subd. 3. [CONTRACTS; FEES; APPROPRIATION.] Thestate board54.16 commissioner may enter into agreements for the academies to 54.17 provide respite care and supplemental educational instruction 54.18 and services including assessments and counseling. The 54.19 agreements may be made with public or private agencies or 54.20 institutions, school districts, education cooperative service 54.21 units, or counties. Theboardcommissioner may authorize the 54.22 academies to provide conferences, seminars, nondistrict and 54.23 district requested technical assistance, and production of 54.24 instructionally related materials. 54.25 Sec. 88. Minnesota Statutes 1994, section 134.201, 54.26 subdivision 1, is amended to read: 54.27 Subdivision 1. [ESTABLISHMENT.] Regional public library 54.28 districts may be established under this section in the areas of 54.29 the existing Great River Regional library system and the East 54.30 Central Regional library system. The geographic boundaries 54.31 shall be those established by thestate board of54.32educationcommissioner of children, families, and learning under 54.33 section 134.34, subdivision 3. 54.34 Sec. 89. Minnesota Statutes 1995 Supplement, section 54.35 134.22, is amended to read: 54.36 134.22 [COMPACT ADMINISTRATOR.] 55.1 Thestate board of educationcommissioner of children, 55.2 families, and learning shall designate an officer or employee of 55.3 the department of children, families, and learning as compact 55.4 administrator. The compact administrator shall receive copies 55.5 of all agreements entered into by the state or its political 55.6 subdivisions and other states or political subdivisions; consult 55.7 with, advise, and aid such governmental units in the formulation 55.8 of such agreements; make such recommendations to the governor, 55.9 legislature, and governmental agencies and units as the 55.10 administrator deems desirable to effectuate the purposes of this 55.11 compact; and consult and cooperate with the compact 55.12 administrators of other party states. 55.13 Sec. 90. Minnesota Statutes 1994, section 134.32, 55.14 subdivision 8, is amended to read: 55.15 Subd. 8. (a) Thestate boardcommissioner of children, 55.16 families, and learning shall promulgate rules consistent with 55.17 sections 134.32 to 134.35 governing: 55.18 (1) applications for these grants; 55.19 (2) computation formulas for determining the amounts of 55.20 establishment grants and regional library basic system support 55.21 grants; and 55.22 (3) eligibility criteria for grants. 55.23 (b) To the extent allowed under federal law, a construction 55.24 grant applicant, in addition to the points received under 55.25 Minnesota Rules, part 3530.2632, shall receive an additional 55.26 five points if the construction grant is for a project combining 55.27 public library services and school district library services at 55.28 a single location. 55.29 Sec. 91. Minnesota Statutes 1994, section 134.34, 55.30 subdivision 3, is amended to read: 55.31 Subd. 3. [REGIONAL DESIGNATION.] Regional library basic 55.32 system support grants shall be made only to those regional 55.33 public library systems officially designated by thestate board55.34of educationcommissioner of children, families, and learning as 55.35 the appropriate agency to strengthen, improve and promote public 55.36 library services in the participating areas. Thestate board of56.1educationcommissioner shall designate no more than one such 56.2 regional public library system located entirely within any 56.3 single development region existing under sections 462.381 to 56.4 462.398 or chapter 473. 56.5 Sec. 92. Minnesota Statutes 1994, section 134.351, 56.6 subdivision 1, is amended to read: 56.7 Subdivision 1. [ESTABLISHMENT.] Thestate board of56.8educationcommissioner of children, families, and learning, upon 56.9 the advice of the advisory council to the office of library 56.10 development and services, may approve the establishment of 56.11 multicounty, multitype library systems and the geographic 56.12 boundaries of those systems. 56.13 Sec. 93. Minnesota Statutes 1994, section 134.36, is 56.14 amended to read: 56.15 134.36 [RULES.] 56.16 Thestate board of educationcommissioner of children, 56.17 families, and learning shall promulgate rules as necessary for 56.18 implementation of library grant programs. 56.19 Sec. 94. Minnesota Statutes 1995 Supplement, section 56.20 138.054, subdivision 2, is amended to read: 56.21 Subd. 2. [ESTABLISHMENT.] (a) There is hereby established 56.22 a Minnesota history and government learning center. 56.23 (b) The center shall be cosponsored by the Minnesota 56.24 historical society, theMinnesota state universityboard of 56.25 trustees of the Minnesota state colleges and universities and 56.26 the Minnesotastate board of educationdepartment of children, 56.27 families, and learning. 56.28 (c) The headquarters of the center shall be the Minnesota 56.29 historical society. 56.30 (d) The director of the Minnesota historical society shall 56.31 appoint the administrator of the center after consultation with 56.32 the executive council of the Minnesota historical society, the 56.33 chancellor of the state university board and the commissioner of 56.34 children, families, and learning. 56.35 (e) High school and university students selected for 56.36 workshops sponsored by the center shall be apportioned evenly 57.1 among the legislative districts of the state. 57.2 Sec. 95. Minnesota Statutes 1994, section 169.448, 57.3 subdivision 2, is amended to read: 57.4 Subd. 2. [SCHOOL MOTOR COACHES.] (a) Neither a school 57.5 district nor a technical college may acquire a motor coach for 57.6 transportation purposes. 57.7 (b) A motor coach acquired by a school district or 57.8 technical college before March 26, 1986, may be used by it only 57.9 to transport students participating in school activities, their 57.10 instructors, and supporting personnel to and from school 57.11 activities. A motor coach may not be outwardly equipped and 57.12 identified as a school bus. A motor coach operated under this 57.13 subdivision is not a school bus for purposes of section 57.14 124.225. Thestate board of educationdepartment of public 57.15 safety shall implement rules governing the equipment, 57.16 identification, operation, inspection, and certification of 57.17 motor coaches operated under this subdivision. 57.18 (c) After January 1, 1998, neither a school district nor a 57.19 technical college may own or operate a motor coach for any 57.20 purpose. 57.21 Sec. 96. Minnesota Statutes 1994, section 169.974, 57.22 subdivision 2, is amended to read: 57.23 Subd. 2. [LICENSE REQUIREMENTS.] No person shall operate a 57.24 motorcycle on any street or highway without having a valid 57.25 standard driver's license with a two-wheeled vehicle endorsement 57.26 as provided by law. No such two-wheeled vehicle endorsement 57.27 shall be issued unless the person applying therefor has in 57.28 possession a valid two-wheeled vehicle instruction permit as 57.29 provided herein, has passed a written examination and road test 57.30 administered by the department of public safety for such 57.31 endorsement, and, in the case of applicants under 18 years of 57.32 age, shall present a certificate or other evidence of having 57.33 successfully completed an approved two-wheeled vehicle driver's 57.34 safety course in this or another state, in accordance with rules57.35promulgated by the state board of education for courses offered57.36through the public schools, or rules promulgated by the58.1commissioner of public safety for courses offered by a private58.2or commercial school or institute. The commissioner of public 58.3 safety may waive the road test for any applicant on determining 58.4 that the applicant possesses a valid license to operate a 58.5 two-wheeled vehicle issued by a jurisdiction that requires a 58.6 comparable road test for license issuance. A two-wheeled 58.7 vehicle instruction permit shall be issued to any person over 16 58.8 years of age, who is in possession of a valid driver's license, 58.9 who is enrolled in an approved two-wheeled vehicle driver's 58.10 safety course, and who has passed a written examination for such 58.11 permit and has paid such fee as the commissioner of public 58.12 safety shall prescribe. A two-wheeled vehicle instruction 58.13 permit shall be effective for 45 days, and may be renewed under 58.14 rules to be prescribed by the commissioner of public safety. 58.15 No person who is operating by virtue of a two-wheeled 58.16 vehicle instruction permit shall: 58.17 (a) Carry any passengers on the streets and highways of 58.18 this state on the motorcycle which the person is operating; 58.19 (b) Drive the motorcycle at night time; 58.20 (c) Drive the motorcycle on any highway marked by the 58.21 commissioner as an interstate highway pursuant to title 23 of 58.22 the United States Code; or 58.23 (d) Drive the motorcycle without wearing protective 58.24 headgear that complies with standards established by the 58.25 commissioner of public safety. 58.26 Notwithstanding the provisions of this subdivision, the 58.27 commissioner of public safety may, however, issue a special 58.28 motorcycle permit, restricted or qualified in such manner as the 58.29 commissioner of public safety shall deem proper, to any person 58.30 demonstrating a need therefor and unable to qualify for a 58.31 standard driver's license. 58.32 Sec. 97. Minnesota Statutes 1995 Supplement, section 58.33 171.04, subdivision 1, is amended to read: 58.34 Subdivision 1. [PERSONS NOT ELIGIBLE.] The department 58.35 shall not issue a driver's license hereunder: 58.36 (1) To any person who is under the age of 16 years; to any 59.1 person under 18 years unless such person shall have successfully 59.2 completed a course in driver education, including both classroom 59.3 and behind-the-wheel instruction, approved by thestate board of59.4educationdepartment of children, families, and learning for 59.5 courses offered through the public schools, or, in the case of a 59.6 course offered by a private, commercial driver education school 59.7 or institute, by the department of public safety; except when 59.8 such person has completed a course of driver education in 59.9 another state or has a previously issued valid license from 59.10 another state or country; nor to any person under 18 years 59.11 unless the application of license is approved by either parent 59.12 when both reside in the same household as the minor applicant, 59.13 otherwise the parent or spouse of the parent having custody or 59.14 with whom the minor is living in the event there is no court 59.15 order for custody, or guardian having the custody of such minor, 59.16 or in the event a person under the age of 18 has no living 59.17 father, mother or guardian, the license shall not be issued to 59.18 such person unless the application therefor is approved by the 59.19 person's employer. Driver education courses offered in any 59.20 public school shall be open for enrollment to persons between 59.21 the ages of 15 and 18 years residing in the school district or 59.22 attending school therein. Any public school offering driver 59.23 education courses may charge an enrollment fee for the driver 59.24 education course which shall not exceed the actual cost thereof 59.25 to the public school and the school district. The approval 59.26 required herein shall contain a verification of the age of the 59.27 applicant; 59.28 (2) To any person whose license has been suspended during 59.29 the period of suspension except that a suspended license may be 59.30 reinstated during the period of suspension upon the licensee 59.31 furnishing proof of financial responsibility in the same manner 59.32 as provided in the Minnesota no-fault automobile insurance act; 59.33 (3) To any person whose license has been revoked except 59.34 upon furnishing proof of financial responsibility in the same 59.35 manner as provided in the Minnesota no-fault automobile 59.36 insurance act and if otherwise qualified; 60.1 (4) To any person who is a drug dependent person as defined 60.2 in section 254A.02, subdivision 5; 60.3 (5) To any person who has been adjudged legally incompetent 60.4 by reason of mental illness, mental deficiency, or inebriation, 60.5 and has not been restored to capacity, unless the department is 60.6 satisfied that such person is competent to operate a motor 60.7 vehicle with safety to persons or property; 60.8 (6) To any person who is required by this chapter to take 60.9 an examination, unless such person shall have successfully 60.10 passed such examination; 60.11 (7) To any person who is required under the provisions of 60.12 the Minnesota no-fault automobile insurance act of this state to 60.13 deposit proof of financial responsibility and who has not 60.14 deposited such proof; 60.15 (8) To any person when the commissioner has good cause to 60.16 believe that the operation of a motor vehicle on the highways by 60.17 such person would be inimical to public safety or welfare; 60.18 (9) To any person when, in the opinion of the commissioner, 60.19 such person is afflicted with or suffering from such physical or 60.20 mental disability or disease as will affect such person in a 60.21 manner to prevent the person from exercising reasonable and 60.22 ordinary control over a motor vehicle while operating the same 60.23 upon the highways; nor to a person who is unable to read and 60.24 understand official signs regulating, warning, and directing 60.25 traffic; 60.26 (10) To a child for whom a court has ordered denial of 60.27 driving privileges under section 260.191, subdivision 1, or 60.28 260.195, subdivision 3a, until the period of denial is 60.29 completed; or 60.30 (11) To any person whose license has been canceled, during 60.31 the period of cancellation. 60.32 Sec. 98. Minnesota Statutes 1995 Supplement, section 60.33 216C.13, is amended to read: 60.34 216C.13 [POST-SECONDARY ENERGY EDUCATION.] 60.35 The commissioner, in consultation withthe state board of60.36education,the higher education services office, thestateboard 61.1for community colleges, the state university boardof trustees 61.2 of the Minnesota state colleges and universities, and the board 61.3 of regents of the University of Minnesota, shall assist in the 61.4 development and implementation of adult and post-secondary 61.5 energy education programs. 61.6 Sec. 99. Minnesota Statutes 1995 Supplement, section 61.7 248.07, subdivision 3, is amended to read: 61.8 Subd. 3. [SPECIAL ATTENTION.] The commissioner shall give 61.9 special attention to the cases of disabled youth who are 61.10 eligible to attend the Minnesota state academy for the blind, 61.11 the Minnesota state academy for the deaf, or the public school 61.12 classes for disabled children, but are not in attendance there, 61.13 or are not receiving adequate instruction elsewhere. The 61.14 commissioner shall report all such cases to the school district 61.15 of the individual's residence and to thestate board of61.16educationdepartment of children, families, and learning. 61.17 Sec. 100. Minnesota Statutes 1994, section 465.797, 61.18 subdivision 1, is amended to read: 61.19 Subdivision 1. [GENERALLY.](a) Except as provided in61.20paragraph (b),A local government unit may request the board of 61.21 government innovation and cooperation to grant a waiver from one 61.22 or more administrative rules or a temporary, limited exemption 61.23 from enforcement of state procedural laws governing delivery of 61.24 services by the local government unit. Two or more local 61.25 government units may submit a joint application for a waiver or 61.26 exemption under this section if they propose to cooperate in 61.27 providing a service or program that is subject to the rule or 61.28 law. Before submitting an application to the board, the 61.29 governing body of the local government unit must approve, in 61.30 concept, the proposed waiver or exemption at a meeting required 61.31 to be public under section 471.705. A local government unit or 61.32 two or more units acting jointly may apply for a waiver or 61.33 exemption on behalf of a nonprofit organization providing 61.34 services to clients whose costs are paid by the unit or units. 61.35 A waiver or exemption granted to a nonprofit organization under 61.36 this section applies to services provided to all the 62.1 organization's clients. 62.2(b) A school district that is granted a variance from rules62.3of the state board of education under section 121.11,62.4subdivision 12, need not apply to the board for a waiver of62.5those rules under this section. A school district may not seek62.6a waiver of rules under this section if the state board of62.7education has authority to grant a variance to the rules under62.8section 121.11, subdivision 12. This paragraph does not62.9preclude a school district from being included in a cooperative62.10effort with another local government unit under this section.62.11 Sec. 101. Minnesota Statutes 1994, section 471.18, is 62.12 amended to read: 62.13 471.18 [STATE BOARD OF EDUCATIONCOMMISSIONER OF CHILDREN, 62.14 FAMILIES, AND LEARNING TO ESTABLISH QUALIFICATIONS.] 62.15 In all cases where school funds or property are utilized, 62.16 thestate board of educationcommissioner of children, families, 62.17 and learning shall: 62.18 (1) Establish minimum qualifications of local recreational 62.19 directors and instructors; 62.20 (2) Prepare or cause to be prepared, published, and 62.21 distributed adequate and appropriate manuals and other materials 62.22 as it may deem necessary or suitable to carry out the provisions 62.23 of sections 471.15 to 471.19. 62.24 Sec. 102. [REVISOR INSTRUCTION.] 62.25 In the next and subsequent editions of Minnesota Statutes 62.26 and Minnesota Rules, the revisor shall change the term "state 62.27 board of education" or similar terms to the term "department of 62.28 children, families, and learning" or similar terms wherever they 62.29 appear. 62.30 Sec. 103. [REPEALER.] 62.31 Minnesota Statutes 1994, sections 15.014, subdivision 3; 62.32 121.03; 121.04; 121.06; 121.11; 121.15, subdivision 5; 123.78, 62.33 subdivision 3; 126.665; and 136D.75; Minnesota Statutes 1995 62.34 Supplement, sections 121.11; 124.431, subdivision 6; and 126.22, 62.35 subdivision 5, are repealed.