HF 2170

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

  1.1                          A bill for an act 
  1.2             relating to education; 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.  The state board of 
  2.18  education commissioner 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 the state board of education commissioner 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 the state board commissioner of education children, 
  2.30  families, and learning if two members of the school board voted 
  2.31  to sponsor the school.  If the state board commissioner 
  2.32  authorizes the school, the state board commissioner 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 the state board commissioner 
  3.2   of education children, 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.  The state board commissioner must approve or 
  3.6   disapprove the sponsor's proposed authorization within 60 days 
  3.7   of receipt of the affidavit.  Failure to obtain state board the 
  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 the state board commissioner of education 
  3.35  children, families, and learning.  If the state 
  3.36  board commissioner authorizes the school, the state board 
  4.1   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 outcomes adopted by the 
  4.35  state board of education required by state law.  In the absence 
  4.36  of state board requirements, 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 adopted by the in state board 
  5.4   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 the state board commissioner of 
  5.9   education children, families, and learning the information 
  5.10  required by the sponsor or the state board commissioner.  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 the state board 
  5.19  commissioner of education children, 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 the state board 
  6.11  commissioner of education children, 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.] The state board commissioner of 
  6.26  education children, families, and learning, members of the state 
  6.27  board, 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 the state 
  7.14  board commissioner 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 THE STATE BOARD COMMISSIONER OF 
  7.22  CHILDREN, FAMILIES, AND LEARNING.] (a) The state 
  7.23  board commissioner 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 
  7.27  it the 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.  The state board 
  7.33  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.  The state 
  8.1   board commissioner, 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.  The state board 
  8.6   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.  The state board commissioner 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, the board 
  8.14  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 
  8.18  state board commissioner of education children, 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 with state board department 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 board 
 13.25  of 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 by applying to the hearing review officer 
 13.30  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, the state board commissioner shall provide the 
 14.35  appropriate educational program for the child.  The state board 
 14.36  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 the state board commissioner for the actual cost of 
 15.24  providing the program, less any amount of aid received pursuant 
 15.25  to section 124.32.  The state board commissioner 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  the state board commissioner 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   the state board commissioner 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, the state board commissioner 
 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.  The state board 
 16.18  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      The state board commissioner of education children, 
 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 THE STATE BOARD COMMISSIONER 
 17.24  OF CHILDREN, FAMILIES, AND LEARNING.] 
 17.25     Subdivision 1.  The state board commissioner of education 
 17.26  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 board 
 17.32  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 the state board commissioner to require the 
 18.11  establishment of a flexible learning year program in any 
 18.12  district in which the board commissioner has not voted 
 18.13  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 [STATE BOARD DEPARTMENT OF EDUCATION CHILDREN, 
 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 of a state board the commissioner of education 
 18.23  composed of nine representative citizens of the state, at least 
 18.24  one of whom shall reside in each congressional district in the 
 18.25  state children, families, and learning. 
 18.26     Of the nine representative citizens of the state who are 
 18.27  appointed to the state board of education not less than three 
 18.28  members thereof shall previously thereto have served as an 
 18.29  elected member of a board of education of a school district 
 18.30  however organized. 
 18.31     The members of the state board shall be appointed by the 
 18.32  governor, with the advice and consent of the senate.  One member 
 18.33  shall be chosen annually as president, but no member shall serve 
 18.34  as president more than three consecutive years.  The state board 
 18.35  shall hold its annual meeting in August.  It shall hold meetings 
 18.36  on dates and at places as it designates.  No member shall hold 
 19.1   any public office, or represent or be employed by any board of 
 19.2   education or school district, public or private, and shall not 
 19.3   voluntarily have any personal financial interest in any contract 
 19.4   with a board of education or school district, or be engaged in 
 19.5   any 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 section 15.0575 15.059, 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 the board council.  The governor shall 
 19.33  appoint a successor within six months thereafter. 
 19.34     Subd. 4.  [BOARD STAFF.] The state board may appoint a 
 19.35  staff 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.] The state board 
 20.4   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 the state board 
 20.10  commissioner of children, families, and learning.  
 20.11     Subd. 2.  [RULES PRESCRIBED BY STATE BOARD COMMISSIONER.] 
 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 the state board 
 20.15  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 the state board commissioner 
 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     The state board and the commissioner 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  decision to the state board of education under sections 14.50 to 
 21.18  14.53.  The state board of education may either uphold the 
 21.19  commissioner's negative review and comment or instruct the 
 21.20  commissioner to submit a positive or unfavorable review and 
 21.21  comment on the proposed facility. 
 21.22     (c) A school board may not proceed with construction if the 
 21.23  state board of education upholds the commissioner'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.  The 
 21.31  commissioner 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 law and the rules of the state board may provide and be 
 22.8   held responsible for the efficient administration and discipline 
 22.9   of the department.  The commissioner shall make recommendations 
 22.10  to the board and be charged with the execution of powers and 
 22.11  duties which the state board may prescribe, from time to time, 
 22.12  to promote public education in the state, to safeguard the 
 22.13  finances pertaining thereto, and to enable the state board to 
 22.14  carry 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, the state 
 23.22  board of education commissioner 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 the state board of education 
 24.4   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 the state board of 
 24.8   education commissioner 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 BOARD COMMISSIONER DESIGNATION.] An area 
 24.15  learning center designated by the state commissioner 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  the state board of education commissioner 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   the state board of education commissioner 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 state board of education 
 25.15  advisory council selected by the state board council 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 the state board of 
 25.31  education department 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) The state board 
 25.35  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 the state board commissioner, 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 the state board of 
 26.15  education commissioner 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 verification 
 26.29  procedure shall be promulgated by the state board pursuant to 
 26.30  chapter 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 the state 
 27.16  board of education commissioner 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 AND STATE BOARD COMMISSIONER 
 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 the state board of 
 28.4   education commissioner 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 the state board commissioner 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 each state board commissioner 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 the state board of education department of children, 
 28.17  families, and learning from which the district intends to 
 28.18  request exemption, according to Minnesota Rules, part 
 28.19  3500.1000.  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      The state board of education commissioner 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 the state 
 29.25  board of education department 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 shall 
 29.33  promulgate rules under the provisions of chapter 14 requiring 
 29.34  that in each school year, Based upon formal requests by or on 
 29.35  behalf of nonpublic school pupils in a nonpublic school, the 
 29.36  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 or 
 30.7   provision of the textbooks, individualized instructional 
 30.8   materials and standardized tests shall be subject to rules 
 30.9   prescribed 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.  The state board of 
 30.34  education shall promulgate rules under the provisions of chapter 
 30.35  14 to commissioner 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 section or 
 31.5   any 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.  
 31.15  It The 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 the state board of 
 31.30  education commissioner of finance and its the 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 the state board commissioner 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 of 
 33.7   human rights, the state board of education shall adopt rules in 
 33.8   conformance with chapter 14 which direct School districts to 
 33.9   shall file with the commissioner of children, families, and 
 33.10  learning assurances of compliance with state and federal laws 
 33.11  prohibiting discrimination and which specify the information 
 33.12  required to be submitted in support of the assurances supporting 
 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 hearing by the state board, in 
 33.34  which event a time and place shall be set therefor and notice be 
 33.35  given by mail to the board of the district under sections 14.50 
 33.36  to 14.53.  The state board shall adopt rules governing the 
 34.1   proceedings for hearings which shall be designed to give a full 
 34.2   and fair hearing and permit interested parties an opportunity to 
 34.3   produce evidence relating to the issues involved.  Such rules 
 34.4   may provide that any question of fact to be determined upon such 
 34.5   review may be referred to one or more members of the board or to 
 34.6   an employee of the state board acting as a referee to hear 
 34.7   evidence and report to the state board the testimony taken. The 
 34.8   state board, or any person designated to receive evidence upon a 
 34.9   review under this act, shall have the same right to issue 
 34.10  subpoenas and administer oaths and parties to the review shall 
 34.11  have the same right to subpoenas issued as are accorded with 
 34.12  respect to proceedings before the industrial commission.  There 
 34.13  shall be a stenographic record made of all testimony given and 
 34.14  other proceedings during such hearing, and as far as practicable 
 34.15  rules governing reception of evidence in courts shall obtain.  
 34.16  The decision of the state board shall be in writing and the 
 34.17  controlling facts upon which the decision is made shall be 
 34.18  stated in sufficient detail to apprise the parties and the 
 34.19  reviewing court the basis and reason of the decision.  The 
 34.20  decision shall be confined to whether or not the specified 
 34.21  violations or any of them existed at the date of the 
 34.22  commissioner's first notice, whether such violations as did 
 34.23  exist were corrected within the time permitted, and whether such 
 34.24  violations require reduction of the state aids under this 
 34.25  section. 
 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 if the state 
 34.32  board decides after 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 decision of the state board under 
 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.] The state board of education 
 35.17  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.  
 35.25  The state board shall promulgate rules to facilitate the 
 35.26  commissioner's operations in compliance with sections 124.36 to 
 35.27  124.46.  The rules shall be subject to the procedure set forth 
 35.28  in sections 14.02, 14.04 to 14.28, 14.38, 14.44 to 14.45, and 
 35.29  14.57 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  commissioner shall examine and consider applications for capital 
 35.34  loans that have been approved by the state board of education, 
 35.35  and promptly notify any district rejected by the state board of 
 35.36  the state board's decision may 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 approved by the state board and 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.] The state board commissioner 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 the board commissioner, 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.  The state board commissioner 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 the state board commissioner in awarding 
 37.16  scholarships to eligible American Indian students and in 
 37.17  administering the state board's commissioner'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 the state board commissioner.  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 
 38.4   state board commissioner 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 the state board commissioner.  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 rules of the state board or 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.  The 
 38.34  state board shall promulgate rules relating to program approval 
 38.35  procedures and criteria for these contracts and Aid 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 the state board commissioner.  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.  The state board commissioner may adopt rules to 
 39.32  fulfill its the 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 the state board of education commissioner 
 40.5   of children, families, and learning with the cooperation of the 
 40.6   commissioners of children, 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 the state 
 40.13  board commissioner of children, families, and learning in the 
 40.14  form and manner established by the state board commissioner.  
 40.15  Additional information may be required by the state 
 40.16  board commissioner. 
 40.17     Sec. 58.  Minnesota Statutes 1994, section 124C.12, 
 40.18  subdivision 5, is amended to read: 
 40.19     Subd. 5.  [REVENUE.] The state board commissioner may award 
 40.20  revenue to up to four applicants.  The board commissioner 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 the state board of education department 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 statutes and rules.  A center 
 40.33  may petition the state board under Minnesota Rules, part 
 40.34  3500.1000, 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) The state board of education department 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 the state board of education department 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 
 41.20  state board of education department of children, families, and 
 41.21  learning shall issue licenses under its jurisdiction to persons 
 41.22  the state board commissioner of children, families, and learning 
 41.23  finds to be qualified and competent for their respective 
 41.24  positions under the rules it the 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 the state board of 
 41.32  education commissioner 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   the state board of education commissioner 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   the state board of education department 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 the state board of 
 42.18  education department 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 the state board of education 
 42.34  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, the state board of education 
 43.3   department of children, families, and learning, or the state 
 43.4   board of technical colleges trustees 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 licensing board entity with information 
 43.32  that may aid the licensing board entity in its investigation and 
 43.33  license proceedings.  The licensing board's entity'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 licensing board entity may provide a consent form to 
 44.2   the school district.  Any data transmitted to any board 
 44.3   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      The board licensing 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 assist that board in its 
 44.11  investigation.  When the attorney general's office has informed 
 44.12  an employee of the appropriate licensing board entity in writing 
 44.13  that grounds exist to suspend or revoke a teacher's license to 
 44.14  teach, that licensing board entity 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 the state board of education department 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 the board commissioner of children, families, and 
 44.29  learning.  If a hearing is requested, the board commissioner 
 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  the board commissioner 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, the board 
 45.1   commissioner shall issue a written decision regarding the 
 45.2   termination.  If the board commissioner 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.  The board commissioner 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 the state board of education department 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 the state board of education 
 45.30  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 the state board of 
 45.36  education department 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.] The state board of 
 46.8   education department 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.] The state board of 
 46.16  education department 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.  The state 
 47.4   board commissioner 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, the state 
 47.12  board of education commissioner 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  any board rule.  The levy authority may be increased or 
 47.16  decreased by the state board commissioner 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.] The state board commissioner 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.  The board department of 
 47.32  children, families, and learning shall also develop model 
 47.33  reporting forms for districts to use to report to local 
 47.34  communities.  The board shall develop these forms in 
 47.35  consultation with the department and the chairs 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 training subject to the approval 
 48.7   of 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 training subject to the approval 
 48.14  of 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.] The state board 
 48.18  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.  The state board of education commissioner 
 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 the state board commissioner in the 
 49.8   administration of its the 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 the state board 
 49.11  commissioner.  
 49.12     Subd. 3.  Each committee shall be reimbursed for expenses 
 49.13  according to section 15.059, subdivision 6.  The state board 
 49.14  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 department and the 
 49.21  state board on 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      The state board of education commissioner 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 OF STATE BOARD OF EDUCATION THE 
 50.28  COMMISSIONER OF CHILDREN, FAMILIES, AND LEARNING.] 
 50.29     Subdivision 1.  [TO GOVERN.] The state board of 
 50.30  education commissioner 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.] The state 
 50.34  board commissioner 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, the state board 
 51.4   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.] The state board commissioner 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 the state board commissioner.  The state board 
 51.11  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.] The state board 
 51.15  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 the state 
 51.19  board commissioner.  
 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 OF STATE BOARD OF EDUCATION COMMISSIONER 
 51.25  OF CHILDREN, FAMILIES, AND LEARNING.] 
 51.26     Subdivision 1.  [PERSONNEL.] The state board of 
 51.27  education commissioner 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.] The state 
 51.32  board commissioner 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.] The state 
 51.36  board commissioner 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   The state board commissioner may enter into agreements with 
 52.6   public or private agencies or institutions to provide 
 52.7   residential and building maintenance services.  The state board 
 52.8   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  The state board commissioner 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) The state board commissioner 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.] 
 52.30     Subdivision 1.  [DEPARTMENT OF CHILDREN, FAMILIES, AND 
 52.31  LEARNING.] The department of children, families, and learning 
 52.32  must assist the state board of education in preparing reports on 
 52.33  the academies.  
 52.34     Subd. 2.  [DEPARTMENT OF EMPLOYEE RELATIONS.] The 
 52.35  department of employee relations, in cooperation with the state 
 52.36  board of education department 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 the state board commissioner. 
 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 the state board of education department 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.] The state board of 
 53.17  education commissioner 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.  The state 
 53.30  board of education commissioner 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.  The state 
 53.33  board commissioner 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.  The state board of education must adopt rules 
 54.10  that tell how the commissioner is to shall 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.] The state board 
 54.16  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.  The board commissioner 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 the state board of 
 54.32  education commissioner 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      The state board of education commissioner 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) The state board commissioner 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 the state board 
 55.34  of education commissioner 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.  The state board of 
 56.1   education commissioner 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.] The state board of 
 56.8   education commissioner 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     The state board of education commissioner 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, the Minnesota state university board of 
 56.25  trustees of the Minnesota state colleges and universities and 
 56.26  the Minnesota state board of education department 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.  The state board of education department 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 rules 
 57.35  promulgated by the state board of education for courses offered 
 57.36  through the public schools, or rules promulgated by the 
 58.1   commissioner of public safety for courses offered by a private 
 58.2   or 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 the state board of 
 59.4   education department 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 with the state board of 
 60.36  education, the higher education services office, the state board 
 61.1   for community colleges, the state university board of 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 the state board of 
 61.16  education department 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 in 
 61.20  paragraph (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 rules 
 62.3   of the state board of education under section 121.11, 
 62.4   subdivision 12, need not apply to the board for a waiver of 
 62.5   those rules under this section.  A school district may not seek 
 62.6   a waiver of rules under this section if the state board of 
 62.7   education has authority to grant a variance to the rules under 
 62.8   section 121.11, subdivision 12.  This paragraph does not 
 62.9   preclude a school district from being included in a cooperative 
 62.10  effort 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 EDUCATION COMMISSIONER OF CHILDREN, 
 62.14  FAMILIES, AND LEARNING TO ESTABLISH QUALIFICATIONS.] 
 62.15     In all cases where school funds or property are utilized, 
 62.16  the state board of education commissioner 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.