as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to education; recodifying kindergarten 1.3 through grade 12 education statutes; amending 1.4 Minnesota Statutes 1996, sections 120.02; 120.06; 1.5 120.062, subdivisions 3, 4, 5, 6, 7, and 8a; 120.0621; 1.6 120.064; 120.075; 120.0751; 120.0752; 120.101, 1.7 subdivisions 5, 5a, 5c, 7, 8, 9, and 10; 120.102; 1.8 120.103, subdivisions 3, 4, 5, and 6; 120.105; 120.11; 1.9 120.14; 120.73; 120.74; 120.75; 120.76; 120.80; 1.10 121.1601, by adding a subdivision; 122.01; 122.02; 1.11 122.03; 122.21; 122.22; 122.23; 122.241; 122.242; 1.12 122.243; 122.245, subdivision 2; 122.246; 122.247, 1.13 subdivisions 2 and 2a; 122.248; 122.25; 122.32; 1.14 122.34; 122.355; 122.41; 122.43; 122.44; 122.45; 1.15 122.46; 122.47; 122.48; 122.531, subdivisions 1, 2c, 1.16 5a, and 9; 122.5311, subdivision 1; 122.532, 1.17 subdivisions 2, 3a, and 4; 122.535; 122.541; 122.895; 1.18 122.91; 122.93, subdivisions 3 and 8; 122.95; 123.11; 1.19 123.12; 123.13; 123.15; 123.33; 123.335; 123.34; 1.20 123.35, subdivisions 1, 2, 3, 4, 6, 7, 8c, 9b, 11, 12, 1.21 15, 20, and by adding subdivisions; 123.36; 123.37; 1.22 123.38; 123.39; 123.63; 123.64; 123.66; 123.75, 1.23 subdivisions 2, 3, and 5; 123.751; 125.03; 125.05, 1.24 subdivisions 1, 1a, 1c, 6, and 8; 125.06; 125.09; 1.25 125.11; 125.12, subdivisions 1a, 2, 2a, 3, 3b, 4, 6, 1.26 6a, 6b, 7, 8, 9, 9a, 10, 11, 13, and 14; 125.121; 1.27 125.13; 125.135; 125.138; 125.16; 125.17; 125.18; 1.28 125.182; 125.183; 125.184; 125.185; 125.187; 125.188, 1.29 subdivisions 1, 3, and 5; 125.1885, subdivision 5; 1.30 125.189; 125.1895, subdivision 4; 125.211, subdivision 1.31 2; 125.230, subdivisions 4, 6, and 7; 125.231, 1.32 subdivision 3; 125.53; 125.54; 125.60; 125.611; 1.33 125.62, subdivisions 2, 3, and 7; 125.623, subdivision 1.34 3; 125.80; 126.05; 126.14; 126.1995; 129C.10, 1.35 subdivisions 3, 3a, 3b, 4, and 6; and 129C.15; 1.36 proposing coding for new law in Minnesota Statutes, 1.37 chapters 120; 121; 122; 123; 125; and 129C; proposing 1.38 coding for new law as Minnesota Statutes, chapters 1.39 120A; 120B; and 124D; repealing Minnesota Statutes 1.40 1996, sections 120.0112; 120.03; 120.05; 120.08; 1.41 120.1045; 120.17; 120.1701; 120.172; 120.173; 120.181; 1.42 120.1811; 120.182; 120.183; 120.185; 120.187; 120.188; 1.43 120.189; 120.190; 120.59; 120.60; 120.61; 120.62; 1.44 120.63; 120.64; 120.65; 120.66; 120.67; 120.71; 1.45 120.72; 121.11, subdivisions 5, 7c, 7d, 12, and 14; 1.46 121.1115; 121.155; 121.166; 121.17; 121.203; 121.207; 2.1 121.585; 121.602; 121.608; 121.611; 121.615; 121.70; 2.2 121.701; 121.702; 121.703; 121.704; 121.705; 121.706; 2.3 121.707; 121.708; 121.709; 121.710; 121.831; 121.835; 2.4 121.8355; 121.85; 121.88; 121.882; 121.885; 121.904; 2.5 121.906; 121.908; 121.911; 121.912; 121.9121; 121.914; 2.6 121.915; 121.917; 121.935; 122.52; 122.532, 2.7 subdivision 1; 123.35, subdivisions 5, 8, 8a, 8b, 9, 2.8 10, 13, 17, 19a, 19b, and 21; 123.351; 123.3513; 2.9 123.3514; 123.40; 123.41; 123.42; 123.582; 123.681; 2.10 123.70; 123.701; 123.702; 123.704; 123.7045; 123.71; 2.11 123.72; 123.76; 123.77; 123.78; 123.79; 123.799; 2.12 123.7991; 123.7992; 123.801; 123.805; 123.931; 2.13 123.932; 123.933; 123.935; 123.936; 123.9361; 2.14 123.9362; 123.937; 123.947; 123.951; 123.97; 123.972; 2.15 124.01; 124.06; 124.07; 124.078; 124.079; 124.08; 2.16 124.09; 124.10; 124.12; 124.14; 124.15; 124.155; 2.17 124.17; 124.175; 124.177; 124.18; 124.19; 124.193; 2.18 124.195; 124.196; 124.2131; 124.2134; 124.2139; 2.19 124.214; 124.223; 124.225; 124.226; 124.227; 124.239; 2.20 124.242; 124.2442; 124.2445; 124.245; 124.2455; 2.21 124.248; 124.255; 124.26; 124.2601; 124.2605; 124.261; 2.22 124.2613; 124.2615; 124.2711; 124.2712; 124.2713; 2.23 124.2714; 124.2715; 124.2716; 124.2725; 124.2726; 2.24 124.2727; 124.2728; 124.273; 124.276; 124.278; 2.25 124.311; 124.312; 124.313; 124.314; 124.32; 124.3201; 2.26 124.3202; 124.321; 124.322; 124.323; 124.35; 124.36; 2.27 124.37; 124.38; 124.381; 124.39; 124.40; 124.41; 2.28 124.42; 124.431; 124.44; 124.45; 124.46; 124.472; 2.29 124.473; 124.474; 124.476; 124.477; 124.478; 124.479; 2.30 124.48; 124.481; 124.491; 124.492; 124.493; 124.494; 2.31 124.4945; 124.4946; 124.495; 124.511; 124.573; 2.32 124.574; 124.625; 124.63; 124.646; 124.6462; 124.6469; 2.33 124.647; 124.6471; 124.6472; 124.648; 124.71; 124.72; 2.34 124.73; 124.74; 124.75; 124.755; 124.76; 124.82; 2.35 124.829; 124.83; 124.84; 124.85; 124.86; 124.90; 2.36 124.91; 124.912; 124.914; 124.916; 124.918; 124.95; 2.37 124.961; 124.97; 124A.02; 124A.029; 124A.03; 2.38 124A.0311; 124A.032; 124A.034; 124A.035; 124A.036; 2.39 124A.04; 124A.22; 124A.225; 124A.23; 124A.24; 124A.26; 2.40 124A.28; 124A.29; 124A.291; 124A.292; 124A.30; 2.41 124A.31; 124A.697; 124A.698; 124A.70; 124A.71; 2.42 124A.711; 124A.72; 124A.73; 124C.07; 124C.08; 124C.09; 2.43 124C.10; 124C.11; 124C.12; 124C.41; 124C.45; 124C.46; 2.44 124C.47; 124C.48; 124C.49; 124C.498; 124C.55; 124C.56; 2.45 124C.57; 124C.58; 124C.60; 124C.71; 124C.72; 124C.73; 2.46 124C.74; 124C.77; 125.70; 125.701; 125.702; 125.703; 2.47 125.704; 125.705; 126.113; 126.115; 126.12; 126.13; 2.48 126.15; 126.151; 126.20; 126.202; 126.21; 126.22; 2.49 126.23; 126.235; 126.237; 126.239; 126.261; 126.262; 2.50 126.264; 126.265; 126.266; 126.267; 126.269; 126.36; 2.51 126.43; 126.45; 126.46; 126.47; 126.48; 126.49; 2.52 126.50; 126.501; 126.51; 126.52; 126.531; 126.54; 2.53 126.55; 126.56; 126.681; 126.69; 126.699; 126.70; 2.54 126.72; 126.77; 126.78; 126.82; 126.84; 126A.01; 2.55 126A.06; 126B.01; 126B.03; 126B.06; 126B.10; 127.01; 2.56 127.02; 127.03; 127.04; 127.05; 127.06; 127.08; 2.57 127.09; 127.10; 127.11; 127.12; 127.13; 127.15; 2.58 127.16; 127.17; 127.19; 127.20; 127.21; 127.23; 2.59 127.25; 127.26; 127.27; 127.28; 127.281; 127.282; 2.60 127.29; 127.30; 127.31; 127.311; 127.32; 127.33; 2.61 127.34; 127.35; 127.36; 127.37; 127.38; 127.39; 2.62 127.40; 127.41; 127.411; 127.412; 127.413; 127.42; 2.63 127.43; 127.44; 127.45; 127.455; 127.46; 127.47; and 2.64 127.48. 2.65 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.66 ARTICLE 1 2.67 CHAPTER 120 3.1 Section 1. Minnesota Statutes 1996, section 120.02, is 3.2 amended to read: 3.3 120.02 [DEFINITIONS.] 3.4 Subdivision 1. [SCOPE.] For the purposes of this chapter 3.5 thewords, phrases andterms defined in this sectionshallhave 3.6 the meaningsrespectively ascribed togiven them. 3.7 Subd. 2. [COMMISSIONER.] "Commissioner" means the 3.8 commissioner of children, families, and learning. 3.9 Subd. 3. [DISTRICT.] "District" means a school district. 3.10 Subd. 4. [BOARD.] "Board" means a school board. 3.11 Subd. 5. [COUNTY BOARD.] "County board" means a board of 3.12 county commissioners. 3.13 Subd. 6. [SUPERINTENDENT.] "Superintendent" means 3.14 superintendent of the school district involved. 3.15 Subd. 8. [DEPARTMENT.] "Department" means the department 3.16 of children, families, and learning. 3.17 Subd. 9. [AUDITOR.] "Auditor" means county auditor. 3.18 Subd. 12. [STATE BOARD.] "State board" means state board 3.19 of education. 3.20 Subd. 13. [COMMON DISTRICT.]A"Common district"is3.21 means any school district validly created and existing as a 3.22 common school district or joint common school district as of 3.23 July 1, 1957, or pursuant to the terms of the education code. 3.24 Subd. 14. [INDEPENDENT DISTRICT.]An"Independent district 3.25 "ismeans any school district validly created and existing as 3.26 an independent, consolidated, joint independent, county or a ten 3.27 or more township district as of July 1, 1957, or pursuant to the 3.28 education code. 3.29 Subd. 15. [SPECIAL DISTRICT.]A"Special district"is3.30 means a district established by a charter granted by the 3.31 legislature or by a home rule charter including any 3.32 districtwhich isdesignated a special independent school 3.33 district by the legislature. 3.34 Subd. 18. [SCHOOL DISTRICT TAX.] "School district tax"is3.35 means the tax levied and collected to provide the amount of 3.36 money voted or levied by the district or the board for school 4.1 purposes. 4.2 Subd. 19. [ELEMENTARY SCHOOL.] "Elementary school" means 4.3 any school with building, equipment, courses of study, class 4.4 schedules, enrollment of pupils ordinarily in grades 1 through 6 4.5 or any portion thereof, and staff meeting the standards 4.6 established by the state board. 4.7 The state board shall not close a school or deny any state 4.8 aids to a district for its elementary schools because of 4.9 enrollment limitations classified in accordance with the 4.10 provisions of subdivision 2, clause (1). 4.11 Subd. 20. [MIDDLE SCHOOL.] "Middle school" means any 4.12 school other than a secondary school giving an approved course 4.13 of study in a minimum of three consecutive grades above 4th but 4.14 below 10th with building, equipment, courses of study, class 4.15 schedules, enrollment, and staff meeting the standards 4.16 established by the state board of education. 4.17 Subd. 21. [SECONDARY SCHOOL.] "Secondary school" means any 4.18 school with building, equipment, courses of study, class 4.19 schedules, enrollment of pupils ordinarily in grades 7 through 4.20 12 or any portion thereof, and staff meeting the standards 4.21 established by the state board of education. 4.22 Subd. 22. [VOCATIONAL CENTER SCHOOL.] "Vocational center 4.23 school" means any school serving a group of secondary schools 4.24 with approved areas of secondary vocational training and 4.25 offering vocational secondary and adult programs necessary to 4.26 meet local needs and meeting standards established by the state 4.27 board. 4.28 Sec. 2. Minnesota Statutes 1996, section 120.06, is 4.29 amended to read: 4.30 120.06 [ADMISSION TO PUBLIC SCHOOL.] 4.31 Subdivision 1. [AGE LIMITATIONS; PUPILS.] All schools 4.32 supported in whole or in part by state funds are public schools. 4.33 Admission to a public school is free to any person who resides 4.34 within the districtwhichthat operates the school, who is under 4.35 21 years of age, and who satisfies the minimum age requirements 4.36 imposed by this section. Notwithstanding the provisions of any 5.1 law to the contrary, the conduct of all students under 21 years 5.2 of age attending a public secondary schoolshall beis governed 5.3 by a single set of reasonable rules and regulations promulgated 5.4 by the school board. No person shall be admitted to any public 5.5 school (1) as a kindergarten pupil, unless the pupil is at least 5.6 five years of age on September 1 of the calendar year in which 5.7 the school year for which the pupil seeks admission commences; 5.8 or (2) as a 1st grade student, unless the pupil is at least six 5.9 years of age on September 1 of the calendar year in which the 5.10 school year for which the pupil seeks admission commences or has 5.11 completed kindergarten; except that any school board may 5.12 establish a policy for admission of selected pupils at an 5.13 earlier age. 5.14 Subd. 2a. [EDUCATION OF HOMELESS.] Notwithstanding 5.15 subdivision 1, a district must not deny free admission to a 5.16 homeless person of school age solely because theschooldistrict 5.17 cannot determine that the person is a resident of theschool5.18 district. 5.19 Subd. 3. [PUPILS, AT LEAST 21 YEARS OF AGE.] In addition 5.20 to those admitted under subdivision 1, admission to a public 5.21 secondary school is free to a person who is eligible under this 5.22 subdivision. In order to be eligible, a person must be: 5.23 (1) at least 21 years of age; 5.24 (2) a resident of the district where the secondary school 5.25 is located; and 5.26 (3) eligible under section 126.22, subdivision 2. 5.27 Free admission is limited to two school years or the 5.28 equivalent, or until the pupil completes the courses required to 5.29 graduate, whichever is less. A district that admits a person to 5.30 school under this section must have a reasonable expectation 5.31 that the person can obtain a diploma within two years. 5.32 Sec. 3. Minnesota Statutes 1996, section 120.062, 5.33 subdivision 3, is amended to read: 5.34 Subd. 3. [CLOSED DISTRICTS.] Aschoolboard may, by 5.35 resolution, determine that nonresident pupils may not attend any 5.36 of its schools or programs according to this section. 6.1 Sec. 4. Minnesota Statutes 1996, section 120.062, 6.2 subdivision 4, is amended to read: 6.3 Subd. 4. [PUPIL APPLICATION PROCEDURES.] In order that a 6.4 pupil may attend a school or program in a nonresident district, 6.5 the pupil's parent or guardian must submit an application to the 6.6 nonresident district. Before submitting an application, the 6.7 pupil and the pupil's parent or guardian must explore with a 6.8 school guidance counselor, or other appropriate staff member 6.9 employed by the district the pupil is currently attending, the 6.10 pupil's academic or other reason for applying to enroll in a 6.11 nonresident district. The pupil's application must identify the 6.12 reason for enrolling in the nonresident district. The parent or 6.13 guardian of a pupil must submit an application by January 15 for 6.14 initial enrollment beginning the following school year. The 6.15 applicationshallmust be on a form provided by the department 6.16 of children, families, and learning. A particular school or 6.17 program may be requested by the parent. Once enrolled in a 6.18 nonresident district, the pupil may remain enrolled and is not 6.19 required to submit annual or periodic applications. To return 6.20 to the resident district or to transfer to a different 6.21 nonresident district, the parent or guardian of the pupil must 6.22 provide notice to the resident district or apply to a different 6.23 nonresident district by January 15 for enrollment beginning the 6.24 following school year. 6.25 Sec. 5. Minnesota Statutes 1996, section 120.062, 6.26 subdivision 5, is amended to read: 6.27 Subd. 5. [DESEGREGATION DISTRICT TRANSFERS.] (a) This 6.28 subdivision applies to a transfer into or out of a district that 6.29 has a desegregation plan approved by the commissioner of 6.30 children, families, and learning. 6.31 (b) An application to transfer may be submitted at any time 6.32 for enrollment beginning at any time. 6.33 (c) The parent or guardian of a pupil who is a resident of 6.34 a district that has a desegregation plan must submit an 6.35 application to the resident district. If the district accepts 6.36 the application, it must forward the application to the 7.1 nonresident district. 7.2 (d) The parent or guardian of a pupil who applies for 7.3 enrollment in a nonresident district that has a desegregation 7.4 plan must submit an application to the nonresident district. 7.5 (e) Each district must accept or reject an application it 7.6 receives and notify the parent or guardian in writing within 30 7.7 calendar days of receiving the application. A notification of 7.8 acceptance must include the date enrollment can begin. 7.9 (f) If an application is rejected, the district must state 7.10 the reason for rejection in the notification. If a district 7.11 that has a desegregation plan rejects an application for a 7.12 reason related to the desegregation plan, the district must 7.13 state with specificity how acceptance of the application would 7.14 result in noncompliance with state board rules with respect to 7.15 the school or program for which application was made. 7.16 (g) If an application is accepted, the parent or guardian 7.17 must notify the nonresident district in writing within 15 7.18 calendar days of receiving the acceptance whether the pupil 7.19 intends to enroll in the nonresident district. Notice of 7.20 intention to enroll obligates the pupil to enroll in the 7.21 nonresident district, unless the school boards of the resident 7.22 and nonresident districts agree otherwise. If a parent or 7.23 guardian does not notify the nonresident district, the pupil may 7.24 not enroll in that nonresident district at that time, unless the 7.25schoolboards of the resident and nonresident district agree 7.26 otherwise. 7.27 (h) Within 15 calendar days of receiving the notice from 7.28 the parent or guardian, the nonresident district shall notify 7.29 the resident district in writing of the pupil's intention to 7.30 enroll in the nonresident district. 7.31 (i) A pupil enrolled in a nonresident district under this 7.32 subdivision is not required to make annual or periodic 7.33 application for enrollment but may remain enrolled in the same 7.34 district. A pupil may transfer to the resident district at any 7.35 time. 7.36 (j) A pupil enrolled in a nonresident district and applying 8.1 to transfer into or out of a district that has a desegregation 8.2 plan must follow the procedures of this subdivision. For the 8.3 purposes of this type of transfer, "resident district" means the 8.4 nonresident district in which the pupil is enrolled at the time 8.5 of application. 8.6 (k) A district that has a desegregation plan approved by 8.7 the state boardof educationmust accept or reject each 8.8 individual application in a manner that will enable compliance 8.9 with its desegregation plan. 8.10 Sec. 6. Minnesota Statutes 1996, section 120.062, 8.11 subdivision 6, is amended to read: 8.12 Subd. 6. [NONRESIDENT DISTRICT PROCEDURES.] A district 8.13 that does not exclude nonresident pupils, according to 8.14 subdivision 3, shall notify the parent or guardian in writing by 8.15 February 15 whether the application has been accepted or 8.16 rejected. If an application is rejected, the district must 8.17 state in the notification the reason for rejection. The parent 8.18 or guardianshallmust notify the nonresident district by March 8.19 1 whether the pupil intends to enroll in the nonresident 8.20 district. Notice of intent to enroll in the nonresident 8.21 district obligates the pupil to attend the nonresident district 8.22 during the following school year, unless theschoolboards of 8.23 the resident and the nonresident districts agree in writing to 8.24 allow the pupil to transfer back to the resident district, or 8.25 the pupil's parents or guardians change residence to another 8.26 district. If a parent or guardian does not notify the 8.27 nonresident district, the pupil may not enroll in that 8.28 nonresident district during the following school year, unless 8.29 theschoolboards of the resident and nonresident district agree 8.30 otherwise. The nonresident districtshallmust notify the 8.31 resident district by March 15 of the pupil's intent to enroll in 8.32 the nonresident district. The same procedures apply to a pupil 8.33 who applies to transfer from one participating nonresident 8.34 district to another participating nonresident district. 8.35 Sec. 7. Minnesota Statutes 1996, section 120.062, 8.36 subdivision 7, is amended to read: 9.1 Subd. 7. [BASIS FOR DECISIONS.] Theschoolboard must 9.2 adopt, by resolution, specific standards for acceptance and 9.3 rejection of applications. Standards may include the capacity 9.4 of a program, class, grade level, or school building. Standards 9.5 may not include previous academic achievement, athletic or other 9.6 extracurricular ability, disabling conditions, proficiency in 9.7 the English language, or previous disciplinary proceedings. 9.8 Sec. 8. Minnesota Statutes 1996, section 120.062, 9.9 subdivision 8a, is amended to read: 9.10 Subd. 8a. [EXCEPTIONS TO DEADLINES.] Notwithstanding 9.11 subdivision 4, the following pupil application procedures apply: 9.12 (a) Upon agreement of the resident and nonresidentschool9.13 districts, a pupil may submit an application to a nonresident 9.14 district after January 15 for enrollment beginning the following 9.15 school year. 9.16 (b) If, as a result of entering into, modifying, or 9.17 terminating an agreement betweenschoolboards, a pupil is 9.18 assigned after December 1 to a different school for enrollment 9.19 beginning at any time, the pupil, the pupil's siblings, or any 9.20 other pupil residing in the pupil's residence may submit an 9.21 application to a nonresident district at any time before July 1 9.22 for enrollment beginning the following school year. 9.23 (c) A pupil who becomes a resident of aschooldistrict 9.24 after December 1 may submit an application to a nonresident 9.25 district on January 15 or any time after that date for 9.26 enrollment beginning any time before the following December 1. 9.27 (d) If the commissioner of children, families, and learning 9.28 and the commissioner of human rights determine that the 9.29 policies, procedures, or practices of aschooldistrict are in 9.30 violation of Title VI of the Civil Rights Act of 1964 (Public 9.31 Law Number 88-352) or chapter 363, any pupil in the district may 9.32 submit an application to a nonresident district at any time for 9.33 enrollment beginning at any time. 9.34 For exceptions under this subdivision, the applicant, the 9.35 applicant's parent or guardian, the district of residence, and 9.36 the district of attendance must observe, in a prompt and 10.1 efficient manner, the application and notice procedures in 10.2 subdivisions 4 and 6, except that the application and notice 10.3 deadlines do not apply. 10.4 Sec. 9. Minnesota Statutes 1996, section 120.0621, is 10.5 amended to read: 10.6 120.0621 [ENROLLMENT OPTIONS PROGRAMS IN BORDER STATES.] 10.7 Subdivision 1. [OPTIONS FOR ENROLLMENT IN ADJOINING 10.8 STATES.] Minnesota pupils and pupils residing in adjoining 10.9 states may enroll inschooldistricts in the other state 10.10 according to: 10.11 (1) section 120.08, subdivision 2; or 10.12 (2) this section. 10.13 Subd. 2. [PUPILS IN MINNESOTA.] A Minnesota resident pupil 10.14 may enroll in aschooldistrict in an adjoining state if the 10.15 district to be attended borders Minnesota. 10.16 Subd. 3. [PUPILS IN BORDERING STATES.] A non-Minnesota 10.17 pupil who resides in an adjoining state in aschooldistrict 10.18 that borders Minnesota may enroll in a Minnesotaschooldistrict 10.19 if either theschoolboard of the district in which the pupil 10.20 resides or state in which the pupil resides pays tuition to the 10.21schooldistrict in which the pupil is enrolled. 10.22 Subd. 3a. [CANADIAN PUPILS.] A pupil who resides in Canada 10.23 may enroll in a Minnesotaschooldistrict if the province in 10.24 which the pupil resides pays tuition to theschooldistrict in 10.25 which the pupil is enrolled. A pupil may enroll either full 10.26 time or part time for all instructional programs and shall be 10.27 considered eligible for all other purposes for all other 10.28 programs offered by the district. The tuition must be an amount 10.29 that is at least comparable to the tuition specified in section 10.30 120.08, subdivision 1. Aschooldistrict may accept funds from 10.31 any international agency for these programs. 10.32 Subd. 4. [PROCEDURAL REQUIREMENTS.] Except as otherwise 10.33 provided in this section, the rights and duties set forth in 10.34 section 120.062 apply to Minnesota pupils, parents, andschool10.35 districts if a pupil enrolls in a nonresident district according 10.36 to this section. 11.1 Subd. 5a. [TUITION PAYMENTS.] In each odd-numbered year, 11.2 before March 1, the state boardof education shallmust agree to 11.3 rates of tuition for Minnesota elementary and secondary pupils 11.4 attending in other states for the next two fiscal years. 11.5 The state boardshallmust negotiate equal, reciprocal rates 11.6 with the designated authority in each state for pupils who 11.7 reside in an adjoining state and enroll in a Minnesotaschool11.8 district. The rates must be at least equal to the tuition 11.9 specified in section 120.08, subdivision 1. The tuition rate 11.10 for a pupil with a disability must be equal to the actual cost 11.11 of instruction and services provided. The resident district of 11.12 a Minnesota pupil attending in another state under this section 11.13 must pay the amount of tuition agreed upon in this section to 11.14 the district of attendance, prorated on the basis of the 11.15 proportion of the school year attended. 11.16 Subd. 5b. [TRANSPORTATION OF STUDENTS.] (a) The agreement 11.17 under subdivision 5a with each state must specify that the 11.18 attending district in each state transport a pupil from the 11.19 district boundary to the school of attendance. 11.20 (b) Notwithstanding paragraph (a), the districts of 11.21 residence and attendance may agree that either district may 11.22 provide transportation from a pupil's home or agreed upon 11.23 location to school. Transportation aid for Minnesota students 11.24 eligible for aidshallmust be paid only for transportation 11.25 within the resident district. 11.26 Subd. 6. [EFFECTIVE IF RECIPROCAL.] This section is 11.27 effective with respect to South Dakota upon enactment of 11.28 provisions by South Dakota that are essentially similar to the 11.29 provisions for Minnesota pupils in this section.After July 1,11.301993,This section is effective with respect to any other 11.31 bordering state upon enactment of provisions by the bordering 11.32 state that are essentially similar to the provisions for 11.33 Minnesota pupils in this section. 11.34 Sec. 10. Minnesota Statutes 1996, section 120.064, is 11.35 amended to read: 11.36 120.064 [RESULTS-ORIENTED CHARTER SCHOOLS.] 12.1 Subdivision 1. [PURPOSES.] (a) The purpose of this section 12.2 is to: 12.3 (1) improve pupil learning; 12.4 (2) increase learning opportunities for pupils; 12.5 (3) encourage the use of different and innovative teaching 12.6 methods; 12.7 (4) require the measurement of learning outcomes and create 12.8 different and innovative forms of measuring outcomes; 12.9 (5) establish new forms of accountability for schools; or 12.10 (6) create new professional opportunities for teachers, 12.11 including the opportunity to be responsible for the learning 12.12 program at the school site. 12.13 (b) This section does not provide a means to keep open a 12.14 school that otherwise would be closed. Applicants in these 12.15 circumstances bear the burden of proving that conversion to a 12.16 charter school fulfills a purpose specified in this subdivision, 12.17 independent of the school's closing. 12.18 Subd. 2. [APPLICABILITY.] This section applies only to 12.19 charter schools formed and operated under this section. 12.20 Subd. 3. [SPONSOR.] A school board, community college, 12.21 state university, technical college, or the University of 12.22 Minnesota may sponsor one or more charter schools. 12.23 No more than a total of 40 charter schools may be 12.24 authorized, not more than three of which may be sponsored by 12.25 public post-secondary institutions. The state boardof12.26education shallmust advise potential sponsors when the maximum 12.27 number of charter schools has been authorized. 12.28 Subd. 4. [FORMATION OF SCHOOL.] (a) A sponsor may 12.29 authorize one or more licensed teachers under section 125.05, 12.30 subdivision 1, to operate a charter school subject to approval 12.31 by the state boardof education. If aschoolboard elects not 12.32 to sponsor a charter school, the applicant may appeal theschool12.33 board's decision to the state boardof educationif two members 12.34 of theschoolboard voted to sponsor the school. If the state 12.35 board authorizes the school, the state boardshallmust sponsor 12.36 the school according to this section. The schoolshallmust be 13.1 organized and operated as a cooperative under chapter 308A or a 13.2 nonprofit corporation under chapter 317A. 13.3 (b) Before the operators may form and operate a school, the 13.4 sponsor must file an affidavit with the state boardof education13.5 stating its intent to authorize a charter school. The affidavit 13.6 must state the terms and conditions under which the sponsor 13.7 would authorize a charter school. The state board must approve 13.8 or disapprove the sponsor's proposed authorization within 60 13.9 days of receipt of the affidavit. Failure to obtain state board 13.10 approval precludes a sponsor from authorizing the charter school 13.11 that was the subject of the affidavit. 13.12 (c) The operators authorized to organize and operate a 13.13 schoolshallmust hold an election for members of the school's 13.14 board of directors in a timely manner after the school is 13.15 operating. Any staff members who are employed at the school, 13.16 including teachers providing instruction under a contract with a 13.17 cooperative, and all parents of children enrolled in the school 13.18 may participate in the election. Licensed teachers employed at 13.19 the school, including teachers providing instruction under a 13.20 contract with a cooperative, must be a majority of the members 13.21 of the board of directors. A provisional board may operate 13.22 before the election of the school's board of directors. Board 13.23 of director meetings must comply with section 471.705. 13.24 (d) The granting or renewal of a charter by a sponsoring 13.25 entityshallmust not be conditioned upon the bargaining unit 13.26 status of the employees of the school. 13.27 Subd. 4a. [CONVERSION OF EXISTING SCHOOLS.] Aschoolboard 13.28 may convert one or more of its existing schools to charter 13.29 schools under this section if 90 percent of the full-time 13.30 teachers at the school sign a petition seeking conversion. The 13.31 conversion must occur at the beginning of an academic year. 13.32 Subd. 5. [CONTRACT.] The sponsor's authorization for a 13.33 charter schoolshallmust be in the form of a written contract 13.34 signed by the sponsor and the board of directors of the charter 13.35 school. The contract for a charter schoolshallmust be in 13.36 writing and contain at least the following: 14.1 (1) a description of a program that carries out one or more 14.2 of the purposes in subdivision 1; 14.3 (2) specific outcomes pupils are to achieve under 14.4 subdivision 10; 14.5 (3) admission policies and procedures; 14.6 (4) management and administration of the school; 14.7 (5) requirements and procedures for program and financial 14.8 audits; 14.9 (6) how the school will comply with subdivisions 8, 13, 15, 14.10 and 21; 14.11 (7) assumption of liability by the charter school; 14.12 (8) types and amounts of insurance coverage to be obtained 14.13 by the charter school; and 14.14 (9) the term of the contract, which may be up to three 14.15 years. 14.16 Subd. 7. [PUBLIC STATUS; EXEMPTION FROM STATUTES AND 14.17 RULES.] A charter school is a public school and is part of the 14.18 state's system of public education. Except as provided in this 14.19 section, a charter school is exempt from all statutes and rules 14.20 applicable to a school, aschoolboard, or aschooldistrict, 14.21 although it may elect to comply with one or more provisions of 14.22 statutes or rules. 14.23 Subd. 8. [REQUIREMENTS.] (a) A charter school shall meet 14.24 all applicable state and local health and safety requirements. 14.25 (b) The school must be located in the sponsoring district, 14.26 unless anotherschoolboard agrees to locate a charter school 14.27 sponsored by another district in its boundaries. If aschool14.28 board denies a request to locate within its boundaries a charter 14.29 school sponsored by another district, the sponsoring district 14.30 may appeal to the state boardof education. If the state board 14.31 authorizes the school, the state boardshallmust sponsor the 14.32 school. 14.33 (c) A charter school must be nonsectarian in its programs, 14.34 admission policies, employment practices, and all other 14.35 operations. A sponsor may not authorize a charter school or 14.36 program that is affiliated with a nonpublic sectarian school or 15.1 a religious institution. 15.2 (d) Charter schoolsshallmust not be used as a method of 15.3 providing education or generating revenue for students who are 15.4 being home schooled. 15.5 (e) The primary focus of a charter school must be to 15.6 provide a comprehensive program of instruction for at least one 15.7 grade or age group from five through 18 years of age. 15.8 Instruction may be provided to people younger than five years 15.9 and older than 18 years of age. 15.10 (f) A charter school may not charge tuition. 15.11 (g) A charter school is subject to andshallmust comply 15.12 with chapter 363 and section 126.21. 15.13 (h) A charter school is subject to andshallmust comply 15.14 with the pupil fair dismissal act, sections 127.26 to 127.39, 15.15 and the Minnesota public school fee law, sections 120.71 to 15.16 120.76. 15.17 (i) A charter school is subject to the same financial 15.18 audits, audit procedures, and audit requirements as aschool15.19 district. The audit must be consistent with the requirements of 15.20 sections 121.904 to 121.917, except to the extent deviations are 15.21 necessary because of the program at the school. The department 15.22 of children, families, and learning, state auditor, or 15.23 legislative auditor may conduct financial, program, or 15.24 compliance audits. 15.25 (j) A charter school is aschooldistrict for the purposes 15.26 of tort liability under chapter 466. 15.27 Subd. 9. [ADMISSION REQUIREMENTS.] A charter school may 15.28 limit admission to: 15.29 (1) pupils within an age group or grade level; 15.30 (2) people who are eligible to participate in the 15.31 graduation incentives program under section 126.22; or 15.32 (3) residents of a specific geographic area where the 15.33 percentage of the population of non-Caucasian people of that 15.34 area is greater than the percentage of the non-Caucasian 15.35 population in the congressional district in which the geographic 15.36 area is located, and as long as the school reflects the racial 16.1 and ethnic diversity of the specific area. 16.2 A charter school shall enroll an eligible pupil who submits 16.3 a timely application, unless the number of applications exceeds 16.4 the capacity of a program, class, grade level, or building. In 16.5 this case, pupilsshallmust be accepted by lot. 16.6 A charter school may not limit admission to pupils on the 16.7 basis of intellectual ability, measures of achievement or 16.8 aptitude, or athletic ability. 16.9 Subd. 10. [PUPIL PERFORMANCE.] A charter school must 16.10 design its programs to at least meet the outcomes adopted by the 16.11 state boardof education. In the absence of state board 16.12 requirements, the school must meet the outcomes contained in the 16.13 contract with the sponsor. The achievement levels of the 16.14 outcomes contained in the contract may exceed the achievement 16.15 levels of any outcomes adopted by the state board. 16.16 Subd. 11. [EMPLOYMENT AND OTHER OPERATING MATTERS.] A 16.17 charter schoolshallmust employ or contract with necessary 16.18 teachers, as defined by section 125.03, subdivision 1, who hold 16.19 valid licenses to perform the particular service for which they 16.20 are employed in the school. The school may employ necessary 16.21 employees who are not required to hold teaching licenses to 16.22 perform duties other than teaching and may contract for other 16.23 services. The school may discharge teachers and nonlicensed 16.24 employees. 16.25 The board of directors also shall decide matters related to 16.26 the operation of the school, including budgeting, curriculum and 16.27 operating procedures. 16.28 Subd. 12. [PUPILS WITH A DISABILITY.] A charter school 16.29 must comply with sections 120.03 and 120.17 and rules relating 16.30 to the education of pupils with a disability as though it were a 16.31schooldistrict. 16.32 Subd. 13. [LENGTH OF SCHOOL YEAR.] A charter school 16.33shallmust provide instruction each year for at least the number 16.34 of days required by section 120.101, subdivision 5. It may 16.35 provide instruction throughout the year according to sections 16.36 120.59 to 120.67 or 121.585. 17.1 Subd. 14. [REPORTS.] A charter school must report at least 17.2 annually to its sponsor and the state boardof educationthe 17.3 information required by the sponsor or the state board. The 17.4 reports are public data under chapter 13. 17.5 Subd. 15. [TRANSPORTATION.] (a) By July 1 of each year, a 17.6 charter schoolshallmust notify the district in which the 17.7 school is located and the department of children, families, and 17.8 learning if it will provide transportation for pupils enrolled 17.9atin the school for the fiscal year. 17.10 (b) If a charter school elects to provide transportation 17.11 for pupils, the transportationshallmust be provided by the 17.12 charter school within the district in which the charter school 17.13 is located. The stateshallmust pay transportation aid to the 17.14 charter school according to section 124.248, subdivision 1a. 17.15 For pupils who reside outside the district in which the 17.16 charter school is located, the charter school is not required to 17.17 provide or pay for transportation between the pupil's residence 17.18 and the border of the district in which the charter school is 17.19 located. A parent may be reimbursed by the charter school for 17.20 costs of transportation from the pupil's residence to the border 17.21 of the district in which the charter school is located if the 17.22 pupil is from a family whose income is at or below the poverty 17.23 level, as determined by the federal government. The 17.24 reimbursement may not exceed the pupil's actual cost of 17.25 transportation or 15 cents per mile traveled, whichever is 17.26 less. Reimbursement may not be paid for more than 250 miles per 17.27 week. 17.28 At the time a pupil enrolls in a charter school, the 17.29 charter schoolshallmust provide the parent or guardian with 17.30 information regarding the transportation. 17.31 (c) If a charter school does not elect to provide 17.32 transportation, transportation for pupils enrolled at the school 17.33shallmust be provided by the district in which the school is 17.34 located, according to sections 120.062, subdivision 9, and 17.35 123.39, subdivision 6, for a pupil residing in the same district 17.36 in which the charter school is located. Transportation may be 18.1 provided by the district in which the school is located, 18.2 according to sections 120.062, subdivision 9, and 123.39, 18.3 subdivision 6, for a pupil residing in a different district. 18.4 Subd. 16. [LEASED SPACE.] A charter school may lease space 18.5 from a board eligible to be a sponsor or other public or private 18.6 nonprofit nonsectarian organization. If a charter school is 18.7 unable to lease appropriate space from an eligible board or 18.8 other public or private nonprofit nonsectarian organization, the 18.9 school may lease space from another nonsectarian organization if 18.10 the department of children, families, and learning, in 18.11 consultation with the department of administration, approves the 18.12 lease. If the school is unable to lease appropriate space from 18.13 public or private nonsectarian organizations, the school may 18.14 lease space from a sectarian organization if the leased space is 18.15 constructed as a school facility and the department of children, 18.16 families, and learning, in consultation with the department of 18.17 administration, approves the lease. 18.18 Subd. 17. [INITIAL COSTS.] A sponsor may authorize a 18.19 charter school before the applicant has secured its space, 18.20 equipment, facilities, and personnel if the applicant indicates 18.21 the authority is necessary for it to raise working capital. A 18.22 sponsor may not authorize a school before the state boardof18.23educationhas approved the authorization. 18.24 Subd. 18. [DISSEMINATE INFORMATION.] The sponsor, the 18.25 operators, and the department of children, families, and 18.26 learning must disseminate information to the public on how to 18.27 form and operate a charter school and how to utilize the 18.28 offerings of a charter school. Particular groups to be targeted 18.29 include low-income families and communities, and students of 18.30 color. 18.31 Subd. 19. [LEAVE TO TEACH IN A CHARTER SCHOOL.] If a 18.32 teacher employed by aschooldistrict makes a written request 18.33 for an extended leave of absence to teach at a charter school, 18.34 theschooldistrict must grant the leave. Theschooldistrict 18.35 must grant a leave for any number of years requested by the 18.36 teacher, and must extend the leave at the teacher's request. 19.1 Theschooldistrict may require that the request for a leave or 19.2 extension of leave be made up to 90 days before the teacher 19.3 would otherwise have to report for duty. Except as otherwise 19.4 provided in this subdivision and except for section 125.60, 19.5 subdivision 6a, the leave is governed by section 125.60, 19.6 including, but not limited to, reinstatement, notice of 19.7 intention to return, seniority, salary, and insurance. 19.8 During a leave, the teacher may continue to aggregate 19.9 benefits and credits in the teachers' retirement association 19.10 account by paying both the employer and employee contributions 19.11 based upon the annual salary of the teacher for the last full 19.12 pay period before the leave began. The retirement association 19.13 may impose reasonable requirements to efficiently administer 19.14 this subdivision. 19.15 Subd. 20. [COLLECTIVE BARGAINING.] Employees of the board 19.16 of directors of a charter school may, if otherwise eligible, 19.17 organize under chapter 179A and comply with its provisions. The 19.18 board of directors of a charter school is a public employer, for 19.19 the purposes of chapter 179A, upon formation of one or more 19.20 bargaining units at the school. Bargaining units at the 19.21 schoolshallmust be separate from any other units within the 19.22 sponsoring district, except that bargaining units may remain 19.23 part of the appropriate unit within the sponsoring district, if 19.24 the employees of the school, the board of directors of the 19.25 school, the exclusive representative of the appropriate unit in 19.26 the sponsoring district, and the board of the sponsoring 19.27 district agree to include the employees in the appropriate unit 19.28 of the sponsoring district. 19.29 Subd. 20a. [TEACHERS RETIREMENT.] Teachers in a charter 19.30 schoolshallmust be public school teachers for the purposes of 19.31 chapters 354 and 354a. 19.32 Subd. 21. [CAUSES FOR NONRENEWAL OR TERMINATION.] (a) The 19.33 duration of the contract with a sponsorshallmust be for the 19.34 term contained in the contract according to subdivision 5. The 19.35 sponsor may or may not renew a contract at the end of the term 19.36 for any ground listed in paragraph (b). A sponsor may 20.1 unilaterally terminate a contract during the term of the 20.2 contract for any ground listed in paragraph (b). At least 60 20.3 days before not renewing or terminating a contract, the sponsor 20.4 shall notify the board of directors of the charter school of the 20.5 proposed action in writing. The notice shall state the grounds 20.6 for the proposed action in reasonable detail and that the 20.7 charter school's board of directors may request in writing an 20.8 informal hearing before the sponsor within 14 days of receiving 20.9 notice of nonrenewal or termination of the contract. Failure by 20.10 the board of directors to make a written request for a hearing 20.11 within the 14-day period shall be treated as acquiescence to the 20.12 proposed action. Upon receiving a timely written request for a 20.13 hearing, the sponsor shall give reasonable notice to the charter 20.14 school's board of directors of the hearing date. The sponsor 20.15 shall conduct an informal hearing before taking final action. 20.16 The sponsor shall take final action to renew or not renew a 20.17 contract by the last day of classes in the school year. If the 20.18 sponsor is a localschoolboard, the school's board of directors 20.19 may appeal the sponsor's decision to the state boardof20.20education. 20.21 (b) A contract may be terminated or not renewed upon any of 20.22 the following grounds: 20.23 (1) failure to meet the requirements for pupil performance 20.24 contained in the contract; 20.25 (2) failure to meet generally accepted standards of fiscal 20.26 management; 20.27 (3)forviolations of law; or 20.28 (4) other good cause shown. 20.29 If a contract is terminated or not renewed, the school 20.30shallmust be dissolved according to the applicable provisions 20.31 of chapter 308A or 317A. 20.32 Subd. 22. [PUPIL ENROLLMENT.] If a contract is not renewed 20.33 or is terminated according to subdivision 21, a pupil who 20.34 attended the school, siblings of the pupil, or another pupil who 20.35 resides in the same place as the pupil may enroll in the 20.36 resident district or may submit an application to a nonresident 21.1 district according to section 120.062 at any time. Applications 21.2 and notices required by section 120.062shallmust be processed 21.3 and provided in a prompt manner. The application and notice 21.4 deadlines in section 120.062 do not apply under these 21.5 circumstances. 21.6 Subd. 23. [GENERAL AUTHORITY.] The board of directors of a 21.7 charter school may sue and be sued. The board may not levy 21.8 taxes or issue bonds. 21.9 Subd. 24. [IMMUNITY.] The state boardof education, 21.10 members of the state board, a sponsor, members of the board of a 21.11 sponsor in their official capacity, and employees of a sponsor 21.12 are immune from civil or criminal liability with respect to all 21.13 activities related to a charter school they approve or sponsor. 21.14 The board of directors shall obtain at least the amount of and 21.15 types of insurance required by the contract, according to 21.16 subdivision 5. 21.17 Sec. 11. Minnesota Statutes 1996, section 120.075, is 21.18 amended to read: 21.19 120.075 [ATTENDANCE; PREVIOUS ENROLLMENT; FAMILIES.] 21.20 Subdivision 1. [PREVIOUS ENROLLMENT.] Any pupil who, 21.21 pursuant to the provisions of Minnesota Statutes 1976, section 21.22 120.065, or Minnesota Statutes, 1977 Supplement, section 123.39, 21.23 subdivision 5a, was enrolled on either January 1, 1978, or April 21.24 5, 1978, in aschooldistrict of which the pupil was not a 21.25 resident may continue in enrollment in that district. 21.26 Subd. 1a. [CONTINUOUS ENROLLMENT.] Any pupil who, pursuant 21.27 to section 123.39, subdivision 5, has continuously been enrolled 21.28 since January 1, 1977, in a school district of which the pupil 21.29 was not a resident may continue in enrollment in that district. 21.30 Subd. 2. [UNDER SCHOOL AGE.] Any child who was under 21.31 school age on either January 1, 1978, or April 5, 1978, but who 21.32 otherwise would have qualified pursuant to the provisions of 21.33 Minnesota Statutes 1976, section 120.065, or Minnesota Statutes, 21.34 1977 Supplement, section 123.39, subdivision 5a, for enrollment 21.35 in aschooldistrict of which the child was not a resident may 21.36 enroll in that district. 22.1 Subd. 3. [NONPUBLIC SCHOOL.] Any pupil enrolled on either 22.2 January 1, 1978, or April 5, 1978, in a nonpublic school, as 22.3 defined in section 123.932, subdivision 3, located in a district 22.4 of which the pupil was not a resident who would otherwise have 22.5 qualified for enrollment in that district as a resident pursuant 22.6 to subdivision 1 may attend the public schools of that district. 22.7 Subd. 3a. [ADOPTED CHILD.] Any child who was born on or 22.8 before January 1, 1978 but who was adopted after January 1, 1978 22.9 and whose adoptive parent on January 1, 1978 owned property 22.10 residence upon which would have qualified the child for 22.11 enrollment pursuant to Minnesota Statutes 1976, section 120.065, 22.12 in aschooldistrict of which the child was not a resident may 22.13 enroll in that district. Any child who was born on or before 22.14 January 1, 1978 but who was adopted after January 1, 1978 and 22.15 whose adoptive parent on January 1, 1978 owned or was a tenant 22.16 upon property so as to qualify a child for enrollment pursuant 22.17 to Minnesota Statutes, 1977 Supplement, section 123.39, 22.18 subdivision 5a, in aschooldistrict of which the child was not 22.19 a resident may enroll in that district. 22.20 Subd. 4. [SIBLING OF QUALIFIED PUPIL.] Subdivisions 1, 1a, 22.21 2, 3 and 3a shall also apply to any brother or sister of a 22.22 qualified pupil who is related to that pupil by blood, adoption, 22.23 or marriage and to any foster child of that pupil's parents. 22.24 The enrollment of any pupil pursuant to subdivision 1, 2, 3 or 22.25 3a and of a brother or sister of that pupil or of a foster child 22.26 of that pupil's parents pursuant to this subdivisionshallmust 22.27 remain subject to the provisions of Minnesota Statutes 1976, 22.28 section 120.065 and Minnesota Statutes, 1977 Supplement, section 22.29 123.39, subdivision 5a, as they read on January 1, 1978. 22.30 Subd. 5. [AID.] General education aid, capital expenditure 22.31 facilities aid, capital expenditure equipment aid, and 22.32 transportation aid attributable to pupils covered by programs 22.33 under this section must be paid according to sections 124A.036, 22.34 subdivision 5, 124.245, subdivision 6, and 124.225, subdivision 22.35 8l. 22.36 Sec. 12. Minnesota Statutes 1996, section 120.0751, is 23.1 amended to read: 23.2 120.0751 [COMMISSIONER OF CHILDREN, FAMILIES, AND LEARNING; 23.3 ENROLLMENT EXCEPTIONS.] 23.4 Subdivision 1. [COMMISSIONER MAY PERMIT ENROLLMENT.] The 23.5 commissioner may permit a pupil to enroll in aschooldistrict 23.6 of which the pupil is not a resident under this section. 23.7 Subd. 2. [APPLICATION TO THE COMMISSIONER.] The pupil or 23.8 the pupil's parent or guardianshallmust make application to 23.9 the commissioner, explaining the particular circumstanceswhich23.10 that make the nonresident district the appropriate district of 23.11 attendance for the pupil. The application must be signed by the 23.12 pupil's parent or guardian and the superintendent of the 23.13 nonresident district. 23.14 Subd. 3. [CRITERIA FOR APPROVAL.] In approving or 23.15 disapproving the application the commissionershallmust 23.16 consider the following: 23.17 (a) if the circumstances of the pupil are similar or 23.18 analogous to the exceptions permitted by section 120.075, 23.19 whether attending school in the district of residence creates a 23.20 particular hardship for the pupil; or 23.21 (b) if the pupil has been continuously enrolled for at 23.22 least two years in a district of which the pupil was not a 23.23 resident because of an error made in good faith about the actual 23.24 district of residence, whether attending school in the district 23.25 of residence creates a particular hardship for the pupil. If 23.26 the commissioner finds that a good faith error was made and that 23.27 attending school in the district of residence would create a 23.28 particular hardship for the siblings of that pupil or foster 23.29 children of that pupil's parents, the commissioner may 23.30 separately approve an application for any or all of the siblings 23.31 of the pupil who are related by blood, adoption, or marriage and 23.32 for foster children of the pupil's parents. 23.33 Subd. 4. [DECISION DEADLINE.] The commissionershallmust 23.34 render its decision in each case within 60 days of receiving the 23.35 application in subdivision 2. 23.36 Subd. 5. [FORMS.] The commissionershallmust provide the 24.1 forms required by subdivision 2 andshallmust adopt the 24.2 procedures necessary to implement this section. 24.3 Subd. 6. [AID.] General education aid, capital expenditure 24.4 facilities aid, capital expenditure equipment aid, and 24.5 transportation aid for pupils covered by programs under this 24.6 section must be paid according to sections 124A.036, subdivision 24.7 5, 124.245, subdivision 6, and 124.225, subdivision 8l. 24.8 Sec. 13. Minnesota Statutes 1996, section 120.0752, is 24.9 amended to read: 24.10 120.0752 [AGREEMENTS BETWEEN SCHOOL BOARDS; ENROLLMENT 24.11 EXCEPTIONS.] 24.12 Subdivision 1. [ENROLLMENT EXCEPTION.] A pupil may enroll 24.13 in aschooldistrict of which the pupil is not a resident under 24.14 this section. 24.15 Subd. 2. [BOARD APPROVAL.] The pupil's parent or guardian 24.16 must receive the approval of theschoolboard of the nonresident 24.17 district and theschoolboard of the resident district. The 24.18 nonresidentschoolboard shall notify the residentschoolboard 24.19 of the approval. 24.20 Subd. 3. [11TH AND 12TH GRADE STUDENTS.] Notwithstanding 24.21 subdivision 2, an 11th or 12th grade pupil who has been enrolled 24.22 in a district and whose parent or guardian moves to another 24.23 district, may continue to enroll in the nonresident district 24.24 upon the approval of theschoolboard of the nonresident 24.25 district. The approval of theschoolboard of the pupil's 24.26 resident district is not required. 24.27 Subd. 4. [AID.] General education aid, capital expenditure 24.28 facilities aid, capital expenditure equipment aid, and 24.29 transportation aid for pupils covered by programs under this 24.30 section must be paid according to sections 124A.036, subdivision 24.31 5, 124.245, subdivision 6, and 124.225, subdivision 8l. 24.32 Sec. 14. Minnesota Statutes 1996, section 120.101, 24.33 subdivision 5, is amended to read: 24.34 Subd. 5. [AGES AND TERMS.]For the 1988-1989 school year24.35and the school years thereafter,Every child between seven and 24.36 16 years of ageshallmust receive instruction for at least the 25.1 number of days each year required under subdivision 5b. For the 25.2 2000-2001 school year and later school years, every child 25.3 between seven and 18 years of age shall receive instruction for 25.4 at least the number of days each year required under subdivision 25.5 5b. Every child under the age of seven who is enrolled in a 25.6 half-day kindergarten, or a full-day kindergarten program on 25.7 alternate days, or other kindergarten programs shall receive 25.8 instruction at least equivalent to half of each day for the 25.9 number of days each year set out in subdivision 5b. Except as 25.10 provided in subdivision 5a, a parent may withdraw a child under 25.11 the age of seven from enrollment at any time. 25.12 Sec. 15. Minnesota Statutes 1996, section 120.101, 25.13 subdivision 5a, is amended to read: 25.14 Subd. 5a. [CHILDREN UNDER SEVEN.] Once a pupil under the 25.15 age of seven is enrolled in kindergarten or a higher grade in a 25.16 public school, the pupil is subject to the compulsory attendance 25.17 provisions of this chapter and section 127.20, unless theschool25.18 board of the district in which the pupil is enrolled has a 25.19 policy that exempts children under seven from this subdivision. 25.20 In aschooldistrict in which children under seven are 25.21 subject to compulsory attendance under this subdivision, 25.22 paragraphs (a) to (c) apply. 25.23 (a) A parent or guardian may withdraw the pupil from 25.24 enrollment in the school for good cause by notifying theschool25.25 district. Good cause includes, but is not limited to, 25.26 enrollment of the pupil in another school, as defined in 25.27 subdivision 4, or the immaturity of the child. 25.28 (b) When the pupil enrolls, the enrolling official must 25.29 provide the parent or guardian who enrolls the pupil with a 25.30 written explanation of the provisions of this subdivision. 25.31 (c) A pupil under the age of seven who is withdrawn from 25.32 enrollment in the public school under paragraph (a) is no longer 25.33 subject to the compulsory attendance provisions of this chapter. 25.34 In aschooldistrict that had adopted a policy to exempt 25.35 children under seven from this subdivision, theschool25.36 district's chief attendance officer must keep the truancy 26.1 enforcement authorities supplied with a copy of theschool26.2 board's current policy certified by the clerk of theschool26.3 board. 26.4 Sec. 16. Minnesota Statutes 1996, section 120.101, 26.5 subdivision 5c, is amended to read: 26.6 Subd. 5c. [EDUCATION RECORDS.] Aschooldistrict from 26.7 which a student is transferring must transmit the student's 26.8 educational records, within ten business days of a request, to 26.9 theschooldistrict in which the student is enrolling.School26.10 Districts must make reasonable efforts to determine theschool26.11 district in which a transferring student is next enrolling in 26.12 order to comply with this subdivision. 26.13 Sec. 17. Minnesota Statutes 1996, section 120.101, 26.14 subdivision 7, is amended to read: 26.15 Subd. 7. [REQUIREMENTS FOR INSTRUCTORS.] A person who is 26.16 providing instruction to a child must meet at least one of the 26.17 following requirements: 26.18 (1) hold a valid Minnesota teaching license in the field 26.19 and for the grade level taught; 26.20 (2) be directly supervised by a person holding a valid 26.21 Minnesota teaching license; 26.22 (3) successfully complete a teacher competency examination; 26.23 (4) provide instruction in a school that is accredited by 26.24 an accrediting agency, recognized according to section 123.935, 26.25 subdivision 7, or recognized by the state boardof education; 26.26 (5) hold a baccalaureate degree; or 26.27 (6) be the parent of a child who is assessed according to 26.28 the procedures in subdivision 8. 26.29 Any person providing instruction in a public school must 26.30 meet the requirements of clause (1). 26.31 Sec. 18. Minnesota Statutes 1996, section 120.101, 26.32 subdivision 8, is amended to read: 26.33 Subd. 8. [ASSESSMENT OF PERFORMANCE.] (a) Each year the 26.34 performance of every child who is not enrolled in a public 26.35 school must be assessed using a nationally norm-referenced 26.36 standardized achievement examination. The superintendent of the 27.1 district in which the child receives instruction and the person 27.2 in charge of the child's instruction must agree about the 27.3 specific examination to be used and the administration and 27.4 location of the examination. 27.5 (b) To the extent the examination in paragraph (a) does not 27.6 provide assessment in all of the subject areas in subdivision 6, 27.7 the parent must assess the child's performance in the applicable 27.8 subject area. This requirement applies only to a parent who 27.9 provides instruction and does not meet the requirements of 27.10 subdivision 7, clause (1), (2), or (3). 27.11 (c) If the results of the assessments in paragraphs (a) and 27.12 (b) indicate that the child's performance on the total battery 27.13 score is at or below the 30th percentile or one grade level 27.14 below the performance level for children of the same age, the 27.15 parentshallmust obtain additional evaluation of the child's 27.16 abilities and performance for the purpose of determining whether 27.17 the child has learning problems. 27.18 (d) A child receiving instruction from a nonpublic school, 27.19 person, or institution that is accredited by an accrediting 27.20 agency, recognized according to section 123.935, subdivision 7, 27.21 or recognized by the state boardof education, is exempt from 27.22 the requirements of this subdivision. 27.23 Sec. 19. Minnesota Statutes 1996, section 120.101, 27.24 subdivision 9, is amended to read: 27.25 Subd. 9. [LEGITIMATE EXEMPTIONS.] A parent, guardian, or 27.26 other person having control of a child may apply to a school 27.27 district to have the child excused from attendance for the whole 27.28 or any part of the time school is in session during any school 27.29 year. Application may be made to any member of the board, a 27.30 truant officer, a principal, or the superintendent. Theschool27.31 board of the district in which the child resides may approve the 27.32 application upon the following being demonstrated to the 27.33 satisfaction of that board: 27.34 (1) That the child's bodily or mental condition is such as 27.35 to prevent attendance at school or application to study for the 27.36 period required; or 28.1 (2) That for the school years 1988-1989 through 1999-2000 28.2 the child has already completed the studies ordinarily required 28.3 in the 10th grade and that for the school years beginning with 28.4 the 2000-2001 school year the child has already completed the 28.5 studies ordinarily required to graduate from high school; or 28.6 (3) That it is the wish of the parent, guardian, or other 28.7 person having control of the child, that the child attend for a 28.8 period or periods not exceeding in the aggregate three hours in 28.9 any week, a school for religious instruction conducted and 28.10 maintained by some church, or association of churches, or any 28.11 Sunday school association incorporated under the laws of this 28.12 state, or any auxiliary thereof. This school for religious 28.13 instructionshallmust be conducted and maintained in a place 28.14 other than a public school building, andin no eventit must 28.15 not, in whole or in part,shallbe conducted and maintained at 28.16 public expense. However, a child may be absent from school on 28.17 such days as the child attends upon instruction according to the 28.18 ordinances of some church. 28.19 Sec. 20. Minnesota Statutes 1996, section 120.101, 28.20 subdivision 10, is amended to read: 28.21 Subd. 10. [ISSUING AND REPORTING EXCUSES.] The clerk or 28.22 any authorized officer of theschoolboardshallmust issue and 28.23 keep a record of such excuses, under such rules as the board may 28.24 from time to time establish. 28.25 Sec. 21. Minnesota Statutes 1996, section 120.102, is 28.26 amended to read: 28.27 120.102 [REPORTING.] 28.28 Subdivision 1. [REPORTS TO SUPERINTENDENT.] The person in 28.29 charge of providing instruction to a childshallmust submit the 28.30 following information to the superintendent of the district in 28.31 which the child resides: 28.32 (1) by October 1 of each school year, the name, age, and 28.33 address of each child receiving instruction; 28.34 (2) the name of each instructor and evidence of compliance 28.35 with one of the requirements specified in section 120.101, 28.36 subdivision 7; 29.1 (3) an annual instructional calendar showing that 29.2 instruction will occur on at least the number of days required 29.3 under section 120.101, subdivision 5b; and 29.4 (4) for each child instructed by a parent who meets only 29.5 the requirement of section 120.101, subdivision 7, clause (6), a 29.6 quarterly report card on the achievement of the child in each 29.7 subject area required in section 120.101, subdivision 6. 29.8 Subd. 2. [AVAILABILITY OF DOCUMENTATION.] The person in 29.9 charge of providing instruction to a child must make available 29.10 documentation indicating that the subjects required in section 29.11 120.101, subdivision 6, are being taught. This documentation 29.12 must include class schedules, copies of materials used for 29.13 instruction, and descriptions of methods used to assess student 29.14 achievement. 29.15 Subd. 3. [EXEMPTIONS.] A nonpublic school, person, or 29.16 other institution that is accredited by an accrediting agency, 29.17 recognized according to section 123.935, or recognized by the 29.18 state boardof education, is exempt from the requirements in 29.19 subdivisions 1 and 2, except for the requirement in subdivision 29.20 1, clause (1). 29.21 Subd. 4. [REPORTS TO THE STATE.] A superintendent 29.22shallmust make an annual report to the commissioner of 29.23 children, families, and learning. The report must include the 29.24 following information: 29.25 (1) the number of children residing in the district 29.26 attending nonpublic schools or receiving instruction from 29.27 persons or institutions other than a public school; 29.28 (2) the number of children in clause (1) who are in 29.29 compliance with section 120.101 and this section; and 29.30 (3) the names, ages, and addresses of children whom the 29.31 superintendent has determined are not in compliance with section 29.32 120.101 and this section. 29.33 Sec. 22. Minnesota Statutes 1996, section 120.103, 29.34 subdivision 3, is amended to read: 29.35 Subd. 3. [NOTICE TO PARENTS.] The superintendentshall29.36 must notify the parent, in writing, if a child is alleged to be 30.1 receiving instruction in violation of sections 120.101 and 30.2 120.102. The written notificationshallmust include a list of 30.3 the specific alleged violations. 30.4 Sec. 23. Minnesota Statutes 1996, section 120.103, 30.5 subdivision 4, is amended to read: 30.6 Subd. 4. [FACT-FINDING AND MEDIATION.] If the specified 30.7 alleged violations of the compulsory attendance requirements are 30.8 not corrected within 15 days of receipt of the written 30.9 notification, the superintendentshallmust request fact-finding 30.10 and mediation services from the commissionerof children,30.11families, and learning. 30.12 Sec. 24. Minnesota Statutes 1996, section 120.103, 30.13 subdivision 5, is amended to read: 30.14 Subd. 5. [NOTICE TO COUNTY ATTORNEY.] If the alleged 30.15 violations are not corrected through the fact-finding and 30.16 mediation process under subdivision 4, the superintendentshall30.17 must notify the county attorney of the alleged violations. The 30.18 superintendentshallmust notify the parents, by certified mail, 30.19 of the superintendent's intent to notify the county attorney of 30.20 the alleged violations. 30.21 Sec. 25. Minnesota Statutes 1996, section 120.103, 30.22 subdivision 6, is amended to read: 30.23 Subd. 6. [CRIMINAL COMPLAINT; PROSECUTION.] The county 30.24 attorney in the county in which the alleged violations have 30.25 occurred has jurisdiction to conduct a prosecution for 30.26 violations of section 120.101, 120.102, or 120.103. A criminal 30.27 complaint may be filed in any court in the county exercising 30.28 criminal jurisdiction andshallmust name the persons neglecting 30.29 or refusing to comply with section 120.101, 120.102, or 120.103. 30.30 After the complaint has been filed, a warrantshallmust be 30.31 issued and proceedings in trialshallmust commence as provided 30.32 by law in misdemeanor cases. 30.33 Sec. 26. Minnesota Statutes 1996, section 120.105, is 30.34 amended to read: 30.35 120.105 [EDUCATION STATEMENT.] 30.36 Each year every school, as defined in section 120.101, 31.1 subdivision 4, offering a kindergarten program must ensure that 31.2 the school principal, kindergarten teacher, or other 31.3 professional, discusses and distributes the following statement 31.4 to every parent, guardian, or other person enrolling a child in 31.5 kindergarten: 31.6 "The state of Minnesota requires that every child entering 31.7 kindergarten this school year must graduate from high school or 31.8 remain in high school or in an alternative program until age 31.9 18. Only those who have been accepted in the military or an 31.10 institution of higher learning can leave school before they are 31.11 18 years old." 31.12 The departmentof children, families, and learningmust 31.13 make appropriate provisions to accommodate those children who 31.14 newly enroll in a public school after kindergarten. All other 31.15 schools must make similar provisions. 31.16 Sec. 27. Minnesota Statutes 1996, section 120.11, is 31.17 amended to read: 31.18 120.11 [SCHOOL BOARDS AND TEACHERS, DUTIES.] 31.19 Itshall beis the duty of each board through its clerk or 31.20 other authorized agent or employee, to report the names of 31.21 children required to attend school, with excuses, if any, 31.22 granted insuchthe district, to the superintendent or 31.23 principalsthereofof the district, within the first week of 31.24 school. Subsequent excuses grantedshallmust beforthwith31.25 reported in the same manner. The clerk or principalshallmust 31.26 provide the teachers in the several schools supervised,with the 31.27 necessary information for the respective grades of school, 31.28 relating to the list of pupils with excuses granted.On receipt31.29of the list of such pupils of school age and the excuses granted31.30 Within five days after receiving the report, the clerk or 31.31 principalsshallmust report the names of children not excused,31.32 who are not attending school, with the names and addresses of 31.33 their parents, to thedistrictsuperintendentwithin five days31.34after receiving the report. 31.35 Sec. 28. Minnesota Statutes 1996, section 120.14, is 31.36 amended to read: 32.1 120.14 [ATTENDANCE OFFICERS.] 32.2 The board of any district may authorize the employment of 32.3 attendance officers, whoshallmust investigate truancy or 32.4 nonattendance at school, make complaints, serve notice and 32.5 process, and attend to the enforcement of all laws and district 32.6 rules regarding school attendance. When any attendance officer 32.7 learns of any case of habitual truancy or continued 32.8 nonattendance of any child required to attend school the officer 32.9shallmust immediately notify the person having control ofsuch32.10 the child toforthwithsendtoand keep the child in school. 32.11 The attendance officershallmust also refer a habitual truant 32.12 child as defined in section 260.015, subdivision 19, and the 32.13 child's parent or legal guardian to appropriate services and 32.14 procedures under chapter 260A, if available within the school 32.15 district. Attendance officers or other designated school 32.16 officialsshallmust ensure that the notice required by section 32.17 260A.03 for a child who is a continuing truant is sent. The 32.18 officershallmust act under the general supervision of 32.19 thedistrictsuperintendent. 32.20 Sec. 29. [120.151] [OFFICERS, TEACHERS; NEGLECT OF DUTY; 32.21 PENALTY.] 32.22 Any school officer, truant officer, public or nonpublic 32.23 school teacher, principal, district superintendent, or person 32.24 providing instruction other than a parent refusing, willfully 32.25 failing, or neglecting to perform any duty imposed by sections 32.26 120.101 to 120.14 is guilty of a misdemeanor. All persons found 32.27 guilty shall be punished for each offense by a fine of not more 32.28 than $10 or by imprisonment for not more than ten days. All 32.29 fines, when collected, shall be paid into the county treasury 32.30 for the benefit of the school district in which the offense is 32.31 committed. 32.32 Sec. 30. [120.152] [VIOLATIONS; PENALTIES.] 32.33 Any person who fails or refuses to provide for instruction 32.34 of a child of whom the person has legal custody, and who is 32.35 required by section 120.101, subdivision 5, to receive 32.36 instruction, when notified so to do by a truant officer or other 33.1 official, or any person who induces or attempts to induce any 33.2 such child unlawfully to be absent from school, or who knowingly 33.3 harbors or employs, while school is in session, any child 33.4 unlawfully absent from school, shall be guilty of a 33.5 misdemeanor. Any fines collected shall be paid into the county 33.6 treasury for the benefit of the school district in which the 33.7 offense is committed. 33.8 Sec. 31. [120.723] [SCHOOL LUNCH PROGRAM, REVOLVING FUND.] 33.9 The commissioner of finance shall establish for the state 33.10 board a revolving fund for deposit of storage and handling 33.11 charges paid by recipients of donated foods shipped by the 33.12 school lunch section of the department of children, families, 33.13 and learning. These funds are to be used only to pay storage 33.14 and related charges as they are incurred for United States 33.15 Department of Agriculture foods. 33.16 The commissioner of finance shall also establish a 33.17 revolving fund for the department of children, families, and 33.18 learning to deposit charges paid by recipients of processed 33.19 commodities and for any authorized appropriation transfers for 33.20 the purpose of this subdivision. These funds are to be used 33.21 only to pay for commodity processing and related charges as they 33.22 are incurred using United States Department of Agriculture 33.23 donated commodities. 33.24 Sec. 32. [120.725] [PART-TIME STUDENTS; FEES.] 33.25 Notwithstanding the provisions of sections 120.06 and 33.26 120.74, a board may charge a part-time student a reasonable fee 33.27 for a class or program. 33.28 Sec. 33. Minnesota Statutes 1996, section 120.73, is 33.29 amended to read: 33.30 120.73 [AUTHORIZED FEES.] 33.31 Subdivision 1. [AUTHORIZED FEES.] A school board is 33.32 authorized to require payment of fees in the following areas: 33.33 (a) in any program where the resultant product, in excess 33.34 of minimum requirements and at the pupil's option, becomes the 33.35 personal property of the pupil; 33.36 (b) admission fees or charges for extra curricular 34.1 activities, where attendance is optional; 34.2 (c) a security deposit for the return of materials, 34.3 supplies, or equipment; 34.4 (d) personal physical education and athletic equipment and 34.5 apparel, although any pupil may personally provide it if it 34.6 meets reasonable requirements and standards relating to health 34.7 and safety established by theschoolboard; 34.8 (e) items of personal use or productswhichthat a student 34.9 has an option to purchase such as student publications, class 34.10 rings, annuals, and graduation announcements; 34.11 (f) fees specifically permitted by any other statute, 34.12 including but not limited to section 171.04, subdivision 1, 34.13 clause (1); 34.14 (g) field trips considered supplementary to a district 34.15 educational program; 34.16 (h) any authorized voluntary student health and accident 34.17 benefit plan; 34.18 (i) for the use of musical instruments owned or rented by 34.19 the district, a reasonable rental fee not to exceed either the 34.20 rental cost to the district or the annual depreciation plus the 34.21 actual annual maintenance cost for each instrument; 34.22 (j) transportation of pupils to and from extra curricular 34.23 activities conducted at locations other than school, where 34.24 attendance is optional; 34.25 (k) transportation of pupils to and from school for which 34.26 aid for fiscal year 1996 is not authorized under Minnesota 34.27 Statutes 1994, section 124.223, subdivision 1, and for which 34.28 levy for fiscal year 1996 is not authorized under Minnesota 34.29 Statutes 1994, section 124.226, subdivision 5, if a district 34.30 charging fees for transportation of pupils establishes 34.31 guidelines for that transportation to ensure that no pupil is 34.32 denied transportation solely because of inability to pay; 34.33 (l) motorcycle classroom education courses conducted 34.34 outside of regular school hours; provided the chargeshallmust 34.35 not exceed the actual cost of these courses to the school 34.36 district; 35.1 (m) transportation to and from post-secondary institutions 35.2 for pupils enrolled under the post-secondary enrollment options 35.3 program under section 123.39, subdivision 16. Fees collected 35.4 for this service must be reasonable andshallmust be used to 35.5 reduce the cost of operating the route. Families who qualify 35.6 for mileage reimbursement under section 123.3514, subdivision 8, 35.7 may use their state mileage reimbursement to pay this fee. If 35.8 no fee is charged, districtsshallmust allocate costs based on 35.9 the number of pupils riding the route. 35.10 Subd. 2. [SCHOOL SUPPLIES.] Students may be required to 35.11 furnish personal or consumable items including pencils, paper, 35.12 pens, erasers and notebooks. 35.13 Subd. 2a. [TRANSPORTATION.] Students may be required to 35.14 furnish their own transportation to and from an instructional 35.15 community-based employment stationwhichthat is part of an 35.16 approved occupational experience secondary vocational program. 35.17 As an alternative, aschoolboard may require the payment of 35.18 reasonable fees for transportation to and from these 35.19 instructional community-based employment stations. This 35.20 subdivisionshallonlybe appliedapplies to students who 35.21 receive remuneration for their participation in these programs. 35.22 Subd. 2b. [SCHOOL UNIFORMS.] Notwithstanding section 35.23 120.74, aschoolboard may require students to furnish or 35.24 purchase clothing that constitutes a school uniform if the board 35.25 has adopted a uniform requirement or program for the student's 35.26 school. In adopting a uniform requirement, the board shall 35.27 promote student, staff, parent, and community involvement in the 35.28 program and account for the financial ability of students to 35.29 purchase uniforms. 35.30 Subd. 3. [SCHOOL STORE.] Sections 120.71 to 120.76shall35.31 may not preclude the operation of a school storewhereinwhere 35.32 pupils may purchase school supplies and materials. 35.33 Subd. 4. [BOARD MAY WAIVE FEE.] Aschoolboard may waive 35.34 anysuchdeposit or fee if any pupil or the pupil's parent or 35.35 guardian is unable to pay it. 35.36 Sec. 34. Minnesota Statutes 1996, section 120.74, is 36.1 amended to read: 36.2 120.74 [PROHIBITED FEES.] 36.3 Subdivision 1. [PROHIBITED FEES.] (a) Aschoolboard is 36.4 not authorized to charge fees in the following areas: 36.5 (1) textbooks, workbooks, art materials, laboratory 36.6 supplies, towels; 36.7 (2) supplies necessary for participation in any 36.8 instructional course except as authorized in sections 120.73 and 36.9 120.75; 36.10 (3) field tripswhichthat are required as a part of a 36.11 basic education program or course; 36.12 (4) graduation caps, gowns, any specific form of dress 36.13 necessary for any educational program, and diplomas; 36.14 (5) instructional costs for necessary school personnel 36.15 employed in any course or educational program required for 36.16 graduation; 36.17 (6) library books required to be utilized for any 36.18 educational course or program; 36.19 (7) admission fees, dues, or fees for any activity the 36.20 pupil is required to attend; 36.21 (8) any admission or examination cost for any required 36.22 educational course or program; 36.23 (9) locker rentals; 36.24 (10) transportation of pupils (i) for which state 36.25 transportation aid for fiscal year 1996 is authorized pursuant 36.26 to Minnesota Statutes 1994, section 124.223, or (ii) for which a 36.27 levy for fiscal year 1996 is authorized under Minnesota Statutes 36.28 1994, section 124.226, subdivision 5. 36.29 (b) Notwithstanding paragraph (a), clauses (1) and (6), a 36.30schoolboard may charge fees for textbooks, workbooks, and 36.31 library books, lost or destroyed by students. The board must 36.32 annually notify parents or guardians and students about its 36.33 policy to charge a fee under this paragraph. 36.34 Subd. 2. No pupil's rights or privileges, including the 36.35 receipt of grades or diplomas may be denied or abridged for 36.36 nonpayment of fees; but this provisionshalldoes not prohibit a 37.1schooldistrict from maintaining any action provided by law for 37.2 the collection of such fees authorized by sections 120.73 and 37.3 120.75. 37.4 Sec. 35. Minnesota Statutes 1996, section 120.75, is 37.5 amended to read: 37.6 120.75 [HEARING.] 37.7 Subdivision 1. [PUBLIC HEARING.]Prior toBefore the 37.8 initiation of any fee not authorized or prohibited by sections 37.9 120.73 and 120.74, the localschoolboardshallmust hold a 37.10 public hearing within the district upon three weeks published 37.11 notice in the district's official newspaper, or such notice as 37.12 is otherwise required for a regularschoolboard meeting given 37.13 three weeksprior tobefore the hearing on the proposed adoption 37.14 of the policy. 37.15 Sec. 36. Minnesota Statutes 1996, section 120.76, is 37.16 amended to read: 37.17 120.76 [POST-SECONDARY INSTRUCTIONAL PROGRAMS.] 37.18 Sections 120.71 to 120.76shallmay not be construed to 37.19 prohibit aschoolboard from charging reasonable fees for goods 37.20 and services provided in connection with any post-secondary 37.21 instructional program, including but not limited to vocational 37.22 technical, veteran farmer cooperative training, and community 37.23 education programs, and continuing education and evening school 37.24 programs other than those conducted pursuant to section 124.26. 37.25 Sec. 37. [120.79] [ADVANCED PLACEMENT AND INTERNATIONAL 37.26 BACCALAUREATE PROGRAMS.] 37.27 Subdivision 1. [TRAINING PROGRAMS FOR TEACHERS.] A 37.28 secondary teacher assigned by a district to teach an advanced 37.29 placement or international baccalaureate course may participate 37.30 in a training program offered by the college board or 37.31 International Baccalaureate North America, Inc. The state may 37.32 pay a portion of the tuition, room, and board costs a teacher 37.33 incurs in participating in a training program. The commissioner 37.34 shall determine application procedures and deadlines, and select 37.35 teachers to participate in the training program. The procedures 37.36 determined by the commissioner shall, to the extent possible, 38.1 ensure that advanced placement and international baccalaureate 38.2 courses become available in all parts of the state and that a 38.3 variety of course offerings are available in school districts. 38.4 This subdivision does not prevent teacher participation in 38.5 training programs offered by the college board or International 38.6 Baccalaureate North America, Inc., when tuition is paid by a 38.7 source other than the state. 38.8 Subd. 2. [SUPPORT PROGRAMS.] The commissioner shall 38.9 provide support programs during the school year for teachers who 38.10 attended the training programs and teachers experienced in 38.11 teaching advanced placement or international baccalaureate 38.12 courses. The support programs shall provide teachers with 38.13 opportunities to share instructional ideas with other teachers. 38.14 The state may pay the costs of participating in the support 38.15 programs, including substitute teachers, if necessary, and 38.16 program affiliation costs. 38.17 Subd. 3. [SUBSIDY FOR EXAMINATION FEES.] The state may pay 38.18 all or part of the fee for advanced placement or international 38.19 baccalaureate examinations for pupils in public and nonpublic 38.20 schools. The commissioner shall adopt a schedule for fee 38.21 subsidies that may allow payment of the entire fee for 38.22 low-income families, as defined by the commissioner. The 38.23 commissioner may also determine the circumstances under which 38.24 the fee is subsidized, in whole or in part. The commissioner 38.25 shall determine procedures for state payments of fees. 38.26 Subd. 4. [INFORMATION.] The commissioner shall submit the 38.27 following information to the education committees of the 38.28 legislature each year by January 1: 38.29 (1) the number of pupils enrolled in advanced placement and 38.30 international baccalaureate courses in each school district; 38.31 (2) the number of teachers in each district attending 38.32 training programs offered by the college board or International 38.33 Baccalaureate North America, Inc.; 38.34 (3) the number of teachers in each district participating 38.35 in support programs; 38.36 (4) recent trends in the field of advanced placement and 39.1 international baccalaureate programs; 39.2 (5) expenditures for each category in this section; and 39.3 (6) other recommendations for the state program. 39.4 Sec. 38. [120.791] [SCHOOL BOARD POWERS; ENROLLMENT.] 39.5 Subdivision 1. [SECONDARY SCHOOL PROGRAMS.] The board may 39.6 permit a person who is over the age of 21 or who has graduated 39.7 from high school to enroll as a part-time student in a class or 39.8 program at a secondary school if there is space available. In 39.9 determining if there is space available, full-time public school 39.10 students, shared-time students, and students returning to 39.11 complete a regular course of study shall be given priority over 39.12 part-time students seeking enrollment pursuant to this 39.13 subdivision. The following are not prerequisites for enrollment: 39.14 (a) residency in the school district; 39.15 (b) United States citizenship; or 39.16 (c) for a person over the age of 21, a high school diploma 39.17 or equivalency certificate. A person may enroll in a class or 39.18 program even if that person attends evening school, an adult or 39.19 continuing education, or a post-secondary educational program or 39.20 institution. 39.21 Subd. 2. [KINDERGARTEN.] The board may establish and 39.22 maintain one or more kindergartens for the instruction of 39.23 children. After July 1, 1974, the board shall provide 39.24 kindergarten instruction for all eligible children, either in 39.25 the district or in another district. All children to be 39.26 eligible for kindergarten must be at least five years of age on 39.27 September 1 of the calendar year in which the school year 39.28 commences. In addition, all children selected under an early 39.29 admissions policy established by the board may be admitted. 39.30 Nothing in this section shall prohibit a district from 39.31 establishing head start, prekindergarten, or nursery school 39.32 classes for children below kindergarten age. Any board with 39.33 evidence that providing kindergarten will cause an extraordinary 39.34 hardship on the district may apply to the commissioner for an 39.35 exception. 39.36 Sec. 39. [120.792] [ADVANCED ACADEMIC CREDIT.] 40.1 A district must grant academic credit to a pupil attending 40.2 an accelerated or advanced academic course offered by a higher 40.3 education institution or a nonprofit public agency other than 40.4 the district, if the pupil successfully completes the course 40.5 attended and passes an examination approved by the district. If 40.6 no comparable course is offered by the district, the 40.7 commissioner shall determine the number of credits which shall 40.8 be granted to a pupil who successfully completes and passes the 40.9 course. If a comparable course is offered by the district, the 40.10 board must grant a comparable number of credits to the pupil. 40.11 If there is a dispute between the district and the pupil 40.12 regarding the number of credits granted for a particular course, 40.13 the pupil may appeal the school board's decision to the 40.14 commissioner. The commissioner's decision regarding the number 40.15 of credits shall be final. 40.16 The credits granted to a pupil shall be counted toward the 40.17 graduation requirements and subject area requirements of the 40.18 district. Evidence of successful completion of each class and 40.19 credits granted shall be included in the pupil's secondary 40.20 school record. 40.21 Sec. 40. [120.793] [POST-SECONDARY ENROLLMENT OPTIONS 40.22 ACT.] 40.23 Subdivision 1. [CITATION.] This section may be cited as 40.24 the "post-secondary enrollment options act." 40.25 Subd. 2. [PURPOSE.] The purpose of this section is to 40.26 promote rigorous academic pursuits and to provide a wider 40.27 variety of options to high school pupils by encouraging and 40.28 enabling secondary pupils to enroll full time or part time in 40.29 nonsectarian courses or programs in eligible post-secondary 40.30 institutions, as defined in subdivision 3. 40.31 Subd. 3. [DEFINITIONS.] For purposes of this section, the 40.32 following words have the meanings give to them. 40.33 (a) "eligible institution" means a Minnesota public 40.34 post-secondary institution, a private, nonprofit two-year trade 40.35 and technical school granting associate degrees, an 40.36 opportunities industrialization center accredited by the north 41.1 central association of colleges and schools, or a private, 41.2 residential, two-year or four-year, liberal arts, 41.3 degree-granting college or university located in Minnesota. 41.4 (b) "Course" means a course or program. 41.5 Subd. 4. [AUTHORIZATION; NOTIFICATION.] Notwithstanding 41.6 any other law to the contrary, an 11th or 12th grade pupil 41.7 enrolled in a public school or an American Indian-controlled 41.8 tribal contract or grant school eligible for aid under section 41.9 124.86, except a foreign exchange pupil enrolled in a district 41.10 under a cultural exchange program, may apply to an eligible 41.11 institution, as defined in subdivision 3, to enroll in 41.12 nonsectarian courses offered by that post-secondary 41.13 institution. If an institution accepts a secondary pupil for 41.14 enrollment under this section, the institution must send written 41.15 notice to the pupil, the pupil's district, and the commissioner 41.16 within ten days of acceptance. The notice must indicate the 41.17 course and hours of enrollment of that pupil. If the pupil 41.18 enrolls in a course for post-secondary credit, the institution 41.19 must notify the pupil about payment in the customary manner used 41.20 by the institution. 41.21 Subd. 4a. [COUNSELING.] To the extent possible, the 41.22 district must provide counseling services to pupils and their 41.23 parents or guardian before the pupils enroll in courses under 41.24 this section to ensure that the pupils and their parents or 41.25 guardian are fully aware of the risks and possible consequences 41.26 of enrolling in post-secondary courses. The district must 41.27 provide information on the program including who may enroll, 41.28 what institutions and courses are eligible for participation, 41.29 the decision-making process for granting academic credits, 41.30 financial arrangements for tuition, books and materials, 41.31 eligibility criteria for transportation aid, available support 41.32 services, the need to arrange an appropriate schedule, 41.33 consequences of failing or not completing a course in which the 41.34 pupil enrolls, the effect of enrolling in this program on the 41.35 pupil's ability to complete the required high school graduation 41.36 requirements, and the academic and social responsibilities that 42.1 must be assumed by the pupils and their parents or guardian. 42.2 The person providing counseling shall encourage pupils and their 42.3 parents or guardian to also use available counseling services at 42.4 the post-secondary institutions before the quarter or semester 42.5 of enrollment to ensure that anticipated plans are appropriate. 42.6 Prior to enrolling in a course, the pupil and the pupil's 42.7 parents or guardian must sign a form that must be provided by 42.8 the district and may be obtained from a post-secondary 42.9 institution stating that they have received the information 42.10 specified in this subdivision and that they understand the 42.11 responsibilities that must be assumed in enrolling in this 42.12 program. The department must, upon request, provide technical 42.13 assistance to a district in developing appropriate forms and 42.14 counseling guidelines. 42.15 Subd. 4b. [DISSEMINATION OF INFORMATION; NOTIFICATION OF 42.16 INTENT TO ENROLL.] By March 1 of each year, a district must all 42.17 provide general information about the program to all pupils in 42.18 grades 10 and 11. To assist the district in planning, a pupil 42.19 shall inform the district by March 30 of each year of the 42.20 pupil's intent to enroll in post-secondary courses during the 42.21 following school year. A pupil is not bound by notifying or not 42.22 notifying the district by March 30. 42.23 Subd. 4c. [LIMIT ON PARTICIPATION.] A pupil who first 42.24 enrolls in grade 11 may not enroll in post-secondary courses 42.25 under this section for secondary credit for more than the 42.26 equivalent of two academic years. A pupil who first enrolls in 42.27 grade 12 may not enroll in post-secondary courses under this 42.28 section for secondary credit for more than the equivalent of one 42.29 academic year. If a pupil in grade 11 or 12 first enrolls in a 42.30 post-secondary course for secondary credit during the school 42.31 year, the time of participation shall be reduced proportionately. 42.32 A pupil who has graduated from high school cannot participate in 42.33 a program under this section. A pupil who has completed course 42.34 requirements for graduation but who has not received a diploma 42.35 may participate in the program under this section. 42.36 Subd. 4d. [ENROLLMENT PRIORITY.] A post-secondary 43.1 institution must give priority to its post-secondary students 43.2 when enrolling 11th and 12th grade pupils in its courses. A 43.3 post-secondary institution may provide information about its 43.4 programs to a secondary school or to a pupil or parent, but it 43.5 may not advertise or otherwise recruit or solicit the 43.6 participation on financial grounds, secondary pupils to enroll 43.7 in its programs. An institution must not enroll secondary 43.8 pupils, for post-secondary enrollment options purposes, in 43.9 remedial, developmental, or other courses that are not college 43.10 level. Once a pupil has been enrolled in a post-secondary 43.11 course under this section, the pupil shall not be displaced by 43.12 another student. 43.13 Subd. 4e. [COURSES ACCORDING TO AGREEMENTS.] An eligible 43.14 pupil, according to subdivision 4, may enroll in a nonsectarian 43.15 course taught by a secondary teacher or a post-secondary faculty 43.16 member and offered at a secondary school, or another location, 43.17 according to an agreement between a school board and the 43.18 governing body of an eligible public post-secondary system or an 43.19 eligible private post-secondary institution, as defined in 43.20 subdivision 3. All provisions of this section shall apply to a 43.21 pupil, board, district, and the governing body of a 43.22 post-secondary institution, except as otherwise provided. 43.23 Subd. 5. [CREDITS.] A pupil may enroll in a course under 43.24 this section for either secondary credit or post-secondary 43.25 credit. At the time a pupil enrolls in a course, the pupil 43.26 shall designate whether the course is for secondary or 43.27 post-secondary credit. A pupil taking several courses may 43.28 designate some for secondary credit and some for post-secondary 43.29 credit. A pupil must not audit a course under this section. 43.30 A district must grant academic credit to a pupil enrolled 43.31 in a course for secondary credit if the pupil successfully 43.32 completes the course. Seven quarter or four semester college 43.33 credits equal at least one full year of high school credit. 43.34 Fewer college credits may be prorated. A district must also 43.35 grant academic credit to a pupil enrolled in a course for 43.36 post-secondary credit if secondary credit is requested by a 44.1 pupil. If no comparable course is offered by the district, the 44.2 district must, as soon as possible, notify the commissioner, who 44.3 shall determine the number of credits that shall be granted to a 44.4 pupil who successfully completes a course. If a comparable 44.5 course is offered by the district, the school board shall grant 44.6 a comparable number of credits to the pupil. If there is a 44.7 dispute between the district and the pupil regarding the number 44.8 of credits granted for a particular course, the pupil may appeal 44.9 the board's decision to the commissioner. The commissioner's 44.10 decision regarding the number of credits shall be final. 44.11 The secondary credits granted to a pupil must be counted 44.12 toward the graduation requirements and subject area requirements 44.13 of the district. Evidence of successful completion of each 44.14 course and secondary credits granted must be included in the 44.15 pupil's secondary school record. A pupil shall provide the 44.16 school with a copy of the pupil's grade in each course taken for 44.17 secondary credit under this section. Upon the request of a 44.18 pupil, the pupil's secondary school record must also include 44.19 evidence of successful completion and credits granted for a 44.20 course taken for post-secondary credit. In either case, the 44.21 record must indicate that the credits were earned at a 44.22 post-secondary institution. 44.23 If a pupil enrolls in a post-secondary institution after 44.24 leaving secondary school, the post-secondary institution must 44.25 award post-secondary credit for any course successfully 44.26 completed for secondary credit at that institution. Other 44.27 post-secondary institutions may award, after a pupil leaves 44.28 secondary school, post-secondary credit for any courses 44.29 successfully completed under this section. An institution may 44.30 not charge a pupil for the award of credit. 44.31 Subd. 6. [FINANCIAL ARRANGEMENTS.] For a pupil enrolled in 44.32 a course under this section, the department must make payments 44.33 according to this subdivision for courses that were taken for 44.34 secondary credit. 44.35 The department must not make payments to a district or 44.36 post-secondary institution for a course taken for post-secondary 45.1 credit only. The department must not make payments to a 45.2 post-secondary institution for a course from which a student 45.3 officially withdraws during the first 14 days of the quarter or 45.4 semester or who has been absent from the post-secondary 45.5 institution for the first 15 consecutive school days of the 45.6 quarter or semester and is not receiving instruction in the home 45.7 or hospital. 45.8 A post-secondary institution shall receive the following: 45.9 (1) for an institution granting quarter credit, the 45.10 reimbursement per credit hour shall be an amount equal to 88 45.11 percent of the product of the formula allowance, multiplied by 45.12 1.3, and divided by 45; or 45.13 (2) for an institution granting semester credit, the 45.14 reimbursement per credit hour shall be an amount equal to 88 45.15 percent of the product of the general revenue formula allowance, 45.16 multiplied by 1.3, and divided by 30. 45.17 The department must pay to each post-secondary institution 45.18 100 percent of the amount in clause (1) or (2) within 30 days of 45.19 receiving initial enrollment information each quarter or 45.20 semester. If changes in enrollment occur during a quarter or 45.21 semester, the change shall be reported by the post-secondary 45.22 institution at the time the enrollment information for the 45.23 succeeding quarter or semester is submitted. At any time the 45.24 department notifies a post-secondary institution that an 45.25 overpayment has been made, the institution shall promptly remit 45.26 the amount due. 45.27 Subd. 6a. [GRANTS AND FINANCIAL AID PROHIBITED.] A pupil 45.28 enrolled in a post-secondary course for secondary credit is not 45.29 eligible for any state student financial aid under chapter 136A. 45.30 Subd. 6b. [FINANCIAL ARRANGEMENTS, PUPILS AGE 21 OR OVER.] 45.31 For a pupil enrolled in a course according to this section, the 45.32 department must make payments according to this subdivision for 45.33 courses taken to fulfill high school graduation requirements by 45.34 pupils eligible for adult high school graduation aid. 45.35 The department must not make payments to a district or 45.36 post-secondary institution for a course taken for post-secondary 46.1 credit only. The department must not make payments to a 46.2 post-secondary institution for a course from which a student 46.3 officially withdraws during the first 14 days of the quarter or 46.4 semester or who has been absent from the post-secondary 46.5 institution for the first 15 consecutive school days of the 46.6 quarter or semester and is not receiving instruction in the home 46.7 or hospital. 46.8 A post-secondary institution shall receive the following: 46.9 (1) for an institution granting quarter credit, the 46.10 reimbursement per credit hour shall be an amount equal to 88 46.11 percent of the product of the formula allowance, multiplied by 46.12 1.3, and divided by 45; or 46.13 (2) for an institution granting semester credit, the 46.14 reimbursement per credit hour shall be an amount equal to 88 46.15 percent of the product of the general revenue formula allowance 46.16 multiplied by 1.3, and divided by 30. 46.17 The department must pay to each post-secondary institution 46.18 100 percent of the amount in clause (1) or (2) within 30 days of 46.19 receiving initial enrollment information each quarter or 46.20 semester. If changes in enrollment occur during a quarter or 46.21 semester, the change shall be reported by the post-secondary 46.22 institution at the time the enrollment information for the 46.23 succeeding quarter or semester is submitted. At any time the 46.24 department notifies a post-secondary institution that an 46.25 overpayment has been made, the institution shall promptly remit 46.26 the amount due. 46.27 A school district shall receive: 46.28 (1) for a pupil who is not enrolled in classes at a 46.29 secondary program, 12 percent of the general education formula 46.30 allowance times .65, times 1.3; or 46.31 (2) for a pupil who attends classes at a secondary program 46.32 part time, the general education formula allowance times .65, 46.33 times 1.3, times the ratio of the total number of hours the 46.34 pupil is in membership for courses taken by the pupil for credit 46.35 to 1020 hours. 46.36 Subd. 6c. [FINANCIAL ARRANGEMENTS FOR COURSES PROVIDED 47.1 ACCORDING TO AGREEMENTS.] (a) The agreement between a board and 47.2 the governing body of a public post-secondary system or private 47.3 post-secondary institution shall set forth the payment amounts 47.4 and arrangements, if any, from the board to the post-secondary 47.5 institution. No payments shall be made by the department 47.6 according to subdivision 6 or 6b. For the purpose of computing 47.7 state aids for a district, a pupil enrolled according to 47.8 subdivision 4e shall be counted in the average daily membership 47.9 of the district as though the pupil were enrolled in a secondary 47.10 course that is not offered in connection with an agreement. 47.11 Nothing in this subdivision shall be construed to prohibit a 47.12 public post-secondary system or private post-secondary 47.13 institution from receiving additional state funding that may be 47.14 available under any other law. 47.15 (b) If a course is provided under subdivision 4e, offered 47.16 at a secondary school, and taught by a secondary teacher, the 47.17 post-secondary system or institution must not require a payment 47.18 from the board that exceeds the cost to the post-secondary 47.19 institution that is directly attributable to providing that 47.20 course. 47.21 Subd. 7. [FEES; TEXTBOOKS; MATERIALS.] A post-secondary 47.22 institution that receives reimbursement for a pupil under 47.23 subdivision 6 may not charge that pupil for fees, textbooks, 47.24 materials, support services as defined in section 135A.16, or 47.25 other necessary costs of the course or program in which the 47.26 pupil is enrolled if the charge would be prohibited under 47.27 section 120.74, except for equipment purchased by the pupil that 47.28 becomes the property of the pupil. An institution may require 47.29 the pupil to pay for fees, textbooks, and materials for a course 47.30 taken for post-secondary credit. 47.31 Subd. 7a. [TEXTBOOKS; MATERIALS.] All textbooks and 47.32 equipment provided to a pupil, and paid for under subdivision 6, 47.33 are the property of the pupil's school district of residence. 47.34 Each pupil is required to return all textbooks and equipment to 47.35 the district after the course has ended. 47.36 Subd. 7b. [SUPPORT SERVICES.] The post-secondary 48.1 institution must inform the pupil of the support services 48.2 available at that institution. If the student has an individual 48.3 education plan that provides general education support and 48.4 accommodations, the post-secondary institution must provide the 48.5 support services as described in the student's IEP and the 48.6 post-secondary institution and the district shall negotiate an 48.7 agreement on the rate to be charged for the services. Nothing 48.8 in this section shall prevent the student from enrolling while 48.9 the agreement is being developed. If the parties cannot agree 48.10 on the services, on application of either party, the 48.11 commissioner shall resolve the dispute in the same manner the 48.12 commissioner fixes tuition rates under section 120.17, 48.13 subdivision 4. The commissioner's decision is binding on both 48.14 parties. 48.15 Subd. 8. [TRANSPORTATION.] A parent or guardian of a pupil 48.16 enrolled in a course for secondary credit may apply to the 48.17 pupil's district of residence for reimbursement for transporting 48.18 the pupil between the secondary school in which the pupil is 48.19 enrolled or the pupil's home and the post-secondary institution 48.20 that the pupil attends. The commissioner shall establish 48.21 guidelines for providing state aid to districts to reimburse the 48.22 parent or guardian for the necessary transportation costs, which 48.23 shall be based on financial need. The reimbursement may not 48.24 exceed the pupil's actual cost of transportation or 15 cents per 48.25 mile traveled, whichever is less. Reimbursement may not be paid 48.26 for more than 250 miles per week. However, if the nearest 48.27 post-secondary institution is more than 25 miles from the 48.28 pupil's resident secondary school, the weekly reimbursement may 48.29 not exceed the reimbursement rate per mile times the actual 48.30 distance between the secondary school or the pupil's home and 48.31 the nearest post-secondary institution times ten. The state 48.32 must pay aid to the district according to the guidelines 48.33 established under this subdivision. Chapter 14 does not apply 48.34 to the guidelines. 48.35 Subd. 9. [EXCEPTION; INTERMEDIATE DISTRICTS.] A secondary 48.36 pupil who is a resident of a member district of an intermediate 49.1 district, as defined in section 136D.01, may not enroll in that 49.2 intermediate district's vocational program as a post-secondary 49.3 pupil under this section when the intermediate district operates 49.4 a secondary program at a college facility and secondary students 49.5 have access to the post-secondary curriculum and receive high 49.6 school and college credit for successfully completing the 49.7 program. 49.8 Subd. 10. [LIMIT; STATE OBLIGATION.] The provisions of 49.9 subdivisions 6, 7, 8, and 9 shall not apply for any 49.10 post-secondary courses in which a pupil is enrolled in addition 49.11 to being enrolled full time in that pupil's district or for any 49.12 post-secondary course in which a pupil is enrolled for 49.13 post-secondary credit. The pupil is enrolled full time if the 49.14 pupil attends credit-bearing classes in the high school or high 49.15 school program for all of the available hours of instruction. 49.16 Subd. 11. [PUPILS 40 MILES OR MORE FROM AN ELIGIBLE 49.17 INSTITUTION.] A pupil who is enrolled in a secondary school that 49.18 is located 40 miles or more from the nearest eligible 49.19 institution may request that the resident district offer at 49.20 least one accelerated or advanced academic course within the 49.21 resident district in which the pupil may enroll for 49.22 post-secondary credit. A pupil may enroll in a course offered 49.23 under this subdivision for either secondary or post-secondary 49.24 credit according to subdivision 5. 49.25 A district must offer an accelerated or advanced academic 49.26 course for post-secondary credit if one or more pupils requests 49.27 such a course under this subdivision. The district may decide 49.28 which course to offer, how to offer the course, and whether to 49.29 offer one or more courses. The district must offer at least one 49.30 such course in the next academic period and must continue to 49.31 offer at least one accelerated or advanced academic course for 49.32 post-secondary credit in later academic periods. 49.33 Subd. 11a. [PUPILS LESS THAN 40 MILES FROM AN ELIGIBLE 49.34 INSTITUTION.] A pupil enrolled in a secondary school that is 49.35 located less than 40 miles from the nearest eligible institution 49.36 may enroll in a post-secondary course provided at the secondary 50.1 school. 50.2 Sec. 41. Minnesota Statutes 1996, section 120.80, is 50.3 amended to read: 50.4 120.80 [EARLY GRADUATION.] 50.5 Subdivision 1. Notwithstanding any law to the contrary, 50.6 any secondary school student who has completed all required 50.7 courses may, with the approval of the student, the student's 50.8 parent or guardian, and local school officials, graduateprior50.9tobefore the completion of the school year. General education 50.10 revenue attributable to the student must be paid as though the 50.11 student was in attendance for the entire year. 50.12 Sec. 42. [120.8011] [SECRET FRATERNITIES AND SOCIETIES.] 50.13 Subdivision 1. [MEMBERSHIP REGULATED.] It is unlawful for 50.14 any pupil, registered as such and attending any public 50.15 elementary, high school, community college, or technical 50.16 college, which is partially or wholly maintained by public 50.17 funds, to join, become a member of, or to solicit any other 50.18 pupil of any such school to join, or become a member of, any 50.19 secret fraternity or society wholly or partially formed from the 50.20 membership of pupils attending any such schools or to take part 50.21 in the organization or formation of any such fraternity or 50.22 society, except such societies or associations as are sanctioned 50.23 by the board of the district concerned. 50.24 Subd. 2. [RULES AND REGULATIONS.] The boards shall enforce 50.25 the provisions of this section and have full power and authority 50.26 to make, adopt, and modify all rules and regulations which, in 50.27 their judgment and discretion, may be necessary for the proper 50.28 governing of such schools and enforcing all the provisions of 50.29 this section. 50.30 Subd. 3. [PENALTIES.] The boards shall have full power and 50.31 authority, pursuant to the adoption of such rules and 50.32 regulations made and adopted by them, to suspend or dismiss any 50.33 pupil of such schools therefrom, or to prevent them, or any of 50.34 them, from graduating or participating in school honors when, 50.35 after investigation, in the judgment of such boards or a 50.36 majority of their membership, such pupil is guilty of violating 51.1 any of the provisions of this section or is guilty of violating 51.2 any rule or regulation adopted by such boards for the purpose of 51.3 governing such schools, or enforcing this section. 51.4 Subd. 4. ["RUSHING" OR SOLICITING FORBIDDEN.] It is a 51.5 misdemeanor for any person, not a pupil of the schools, to be 51.6 upon school grounds, or to enter any school building, for the 51.7 purpose of "rushing" or soliciting any pupil of the schools to 51.8 join any fraternity, society, or association organized outside 51.9 of the schools. Municipal and county courts have jurisdiction 51.10 of offenses committed under this subdivision. All persons found 51.11 guilty shall be fined not less than $2, nor more than $10, to be 51.12 paid to the county treasurer or, upon failure to pay the fine, 51.13 to be imprisoned for not more than ten days. 51.14 Sec. 43. [120.86] [SUMMER SCHOLARSHIPS FOR ACADEMIC 51.15 ENRICHMENT.] 51.16 Subdivision 1. [ESTABLISHMENT.] A scholarship program is 51.17 established to enable secondary students to attend summer 51.18 programs sponsored by post-secondary institutions. 51.19 Subd. 2. [ELIGIBLE STUDENT.] To be eligible for a 51.20 scholarship, a student shall: 51.21 (1) be a United States citizen or permanent resident of the 51.22 United States; 51.23 (2) be a resident of Minnesota; 51.24 (3) attend an eligible program; 51.25 (4) have completed at least one year of secondary school 51.26 but not have graduated from high school; 51.27 (5) have earned at least a B average during the semester or 51.28 quarter prior to application, or have earned at least a B 51.29 average during the semester or quarter prior to application in 51.30 the academic subject area applicable to the summer program the 51.31 student wishes to attend; and 51.32 (6) demonstrate need for financial assistance. 51.33 Subd. 3. [FINANCIAL NEED.] Need for financial assistance 51.34 shall be based on family income, family size, and special 51.35 necessary expenditures of the family. The higher education 51.36 services office shall review the financial need of each pupil to 52.1 meet the actual costs of attending the summer program, as 52.2 determined by the institution sponsoring the summer program. 52.3 The office shall award scholarships within the limits of the 52.4 appropriation for this section. If the amount appropriated is 52.5 insufficient, the office shall allocate the amount appropriated 52.6 in the manner it determines. A scholarship shall not exceed 52.7 $1,000. 52.8 Subd. 4. [ELIGIBLE INSTITUTIONS.] A scholarship may be 52.9 used only at an eligible institution. A Minnesota public 52.10 post-secondary institution is an eligible institution. A 52.11 private post-secondary institution is eligible if it: 52.12 (1) is accredited by the North Central Association of 52.13 Colleges; 52.14 (2) offers an associate or baccalaureate degree program 52.15 approved under section 136A.65, subdivision 1; and 52.16 (3) is located in Minnesota. 52.17 Subd. 4a. [ELIGIBLE PROGRAMS.] A scholarship may be used 52.18 only for an eligible program. To be eligible, a program must: 52.19 (1) provide, as its primary purpose, academic instruction 52.20 for student enrichment in curricular areas including, but not 52.21 limited to, communications, humanities, social studies, social 52.22 science, science, mathematics, art, or foreign languages; 52.23 (2) not be offered for credit to post-secondary students; 52.24 (3) not provide remedial instruction; 52.25 (4) meet any other program requirements established by the 52.26 state board of education and the higher education services 52.27 office; and 52.28 (5) be approved by the commissioner. 52.29 Subd. 5. [ADVISORY COMMITTEE.] An advisory committee shall 52.30 assist the state board of education in approving eligible 52.31 programs and shall assist the higher education services office 52.32 in planning, implementing, and evaluating the scholarship 52.33 program. The committee must consist of 11 members, to include 52.34 the executive director of the higher education services office 52.35 or a representative, the commissioner of children, families, and 52.36 learning or a representative, two secondary school 53.1 administrators and two secondary teachers appointed by the 53.2 commissioner of children, families, and learning, the executive 53.3 director of the academic excellence foundation, a private 53.4 college representative appointed by the president of the 53.5 Minnesota private college council, a community college 53.6 representative and a state university representative appointed 53.7 by the chancellor of the Minnesota state colleges and 53.8 universities, and a University of Minnesota representative 53.9 appointed by the president of the University of Minnesota. The 53.10 committee expires June 30, 1997. 53.11 Subd. 6. [INFORMATION.] The higher education services 53.12 office, in cooperation with the academic excellence foundation, 53.13 must assemble and distribute information about scholarships and 53.14 eligible programs. 53.15 Subd. 7. [ADMINISTRATION.] The higher education services 53.16 office and commissioner shall determine the time and manner for 53.17 scholarship applications, awards, and program approval. 53.18 Subd. 8. [EXEMPTION FROM RULEMAKING.] Sections 14.01 to 53.19 14.47 do not apply to this section. 53.20 Sec. 44. [120.901] [CITATION.] 53.21 Citations of sections 120.901 to 120.95 law may be cited as 53.22 "the pupil fair dismissal act of 1974." 53.23 Sec. 45. [120.902] [DEFINITIONS.] 53.24 Subdivision 1. [APPLICABILITY.] As used in sections 53.25 120.901 to 120.95, the terms defined in this section shall have 53.26 the meanings assigned them. 53.27 Subd. 2. [DISMISSAL.] "Dismissal" means the denial of the 53.28 appropriate educational program to any pupil, including 53.29 exclusion, expulsion, and suspension. It does not include 53.30 removal from class. 53.31 Subd. 3. [DISTRICT.] "District" means any school district. 53.32 Subd. 4. [EXCLUSION.] "Exclusion" means an action taken by 53.33 the school board to prevent enrollment or reenrollment of a 53.34 pupil for a period that shall not extend beyond the school year. 53.35 Subd. 5. [EXPULSION.] "Expulsion" means an action taken by 53.36 a school board to prohibit an enrolled pupil from further 54.1 attendance for a period that shall not extend beyond an amount 54.2 of time equal to one school year from the date a pupil is 54.3 expelled. 54.4 Subd. 6. [PARENT.] "Parent" means (a) one of the pupil's 54.5 parents, or (b) in the case of divorce or legal separation, or 54.6 if the child's mother was not married to the child's father when 54.7 the child was conceived nor when the child was born, the 54.8 custodial parent. 54.9 Subd. 7. [PUPIL.] "Pupil" means any student with or 54.10 without a disability under 21 years of age eligible to attend a 54.11 public elementary or secondary school. 54.12 Subd. 8. [SCHOOL.] "School" means any school as defined in 54.13 Minnesota Statutes 1971, section 120.05, subdivision 2. 54.14 Subd. 9. [SCHOOL BOARD]. "School board" means the 54.15 governing body of any school district. 54.16 Subd. 10. [SUSPENSION.] "Suspension" means an action taken 54.17 by the school administration, under rules promulgated by the 54.18 school board, prohibiting a pupil from attending school for a 54.19 period of no more than ten school days. If a suspension is 54.20 longer than five days, the suspending administrator must provide 54.21 the superintendent with a reason for the longer suspension. 54.22 This definition does not apply to dismissal from school for one 54.23 school day or less. Each suspension action shall include a 54.24 readmission plan. The readmission plan must include, where 54.25 appropriate, a provision for alternative programs to be 54.26 implemented upon readmission. Suspension may not be 54.27 consecutively imposed against the same pupil for the same course 54.28 of conduct, or incident of misconduct, except where the pupil 54.29 will create an immediate and substantial danger to surrounding 54.30 persons or property. In no event shall suspension exceed 15 54.31 school days, provided that an alternative program shall be 54.32 implemented to the extent that suspension exceeds five days. 54.33 Sec. 46. [120.903] [POLICY.] 54.34 No public school shall deny due process or equal protection 54.35 of the law to any public school pupil involved in a dismissal 54.36 proceeding which may result in suspension, exclusion, or 55.1 expulsion. 55.2 Sec. 47. [120.9031] [EXCLUSION AND EXPULSION OF PUPILS 55.3 WITH A DISABILITY.] 55.4 When a pupil who has an individual education plan is 55.5 excluded or expelled under sections 127.26 to 127.39 for 55.6 misbehavior that is not a manifestation of the pupil's disabling 55.7 condition, the district shall provide special education and 55.8 related services after a period of suspension, if suspension is 55.9 imposed. The district must initiate a review of the pupil's 55.10 individual education plan within ten days of the commencement of 55.11 an expulsion, exclusion, or a suspension of ten days or more. 55.12 Sec. 48. [120.9032] [EXPULSION FOR POSSESSION OF FIREARM.] 55.13 (a) Notwithstanding the time limitation in section 127.27, 55.14 subdivision 5, a school board must expel for a period of at 55.15 least one year a pupil who is determined to have brought a 55.16 firearm to school except the board may modify this expulsion 55.17 requirement for a pupil on a case-by-case basis. For the 55.18 purposes of this section, firearm is as defined in United States 55.19 Code, title 18, section 921. 55.20 (b) Notwithstanding chapter 13, a student's expulsion or 55.21 withdrawal or transfer from a school after an expulsion action 55.22 is initiated against the student for a weapons violation under 55.23 paragraph (a) may be disclosed by the school district initiating 55.24 the expulsion proceeding. Unless the information is otherwise 55.25 public, the disclosure may be made only to another school 55.26 district in connection with the possible admission of the 55.27 student to the other district. 55.28 Sec. 49. [120.904] [GROUNDS FOR DISMISSAL.] 55.29 Subdivision 1. [PROVISION OF ALTERNATIVE PROGRAMS.] No 55.30 school shall dismiss any pupil without attempting to provide 55.31 alternative programs of education prior to dismissal 55.32 proceedings, except where it appears that the pupil will create 55.33 an immediate and substantial danger to self or to surrounding 55.34 persons or property. Such programs may include special 55.35 tutoring, modification of the curriculum for the pupil, 55.36 placement in a special class or assistance from other agencies. 56.1 Subd. 2. [GROUNDS FOR DISMISSAL.] A pupil may be dismissed 56.2 on the following grounds: 56.3 (a) Willful violation of any reasonable school board 56.4 regulation. Such regulation must be clear and definite to 56.5 provide notice to pupils that they must conform their conduct to 56.6 its requirements; 56.7 (b) Willful conduct which materially and substantially 56.8 disrupts the rights of others to an education; 56.9 (c) Willful conduct which endangers the pupil or other 56.10 pupils, or the property of the school. 56.11 Sec. 50. [120.905] [SUSPENSION PROCEDURES.] 56.12 Subdivision 1. [ADMINISTRATIVE CONFERENCE.] No suspension 56.13 from school shall be imposed without an informal administrative 56.14 conference with the pupil, except where it appears that the 56.15 pupil will create an immediate and substantial danger to self or 56.16 to surrounding persons or property. 56.17 Subd. 2. [NOTICE.] A written notice containing the grounds 56.18 for suspension, a brief statement of the facts, a description of 56.19 the testimony, a readmission plan, and a copy of sections 127.26 56.20 to 127.39, must be personally served upon the pupil at or before 56.21 the time the suspension is to take effect, and upon the pupil's 56.22 parent or guardian by certified mail within 48 hours of the 56.23 conference. In the event a pupil is suspended without an 56.24 informal administrative conference on the grounds that the pupil 56.25 will create an immediate and substantial danger to surrounding 56.26 persons or property, the written notice shall be served either 56.27 personally or by certified mail upon the pupil and the pupil's 56.28 parent or guardian within 48 hours of the suspension. Service 56.29 by certified mail is complete upon mailing. 56.30 Subd. 3. [EXCEPTION.] Notwithstanding the provisions of 56.31 subdivisions 1 and 2, the pupil may be suspended pending the 56.32 school board's decision in the expulsion or exclusion hearing; 56.33 provided that an alternative program is be implemented to the 56.34 extent that suspension exceeds five days. 56.35 Sec. 51. [120.906] [EXCLUSION AND EXPULSION PROCEDURES.] 56.36 Subdivision 1. [HEARING.] No exclusion or expulsion shall 57.1 be imposed without a hearing, unless the right to a hearing is 57.2 waived in writing by the pupil and parent or guardian. The 57.3 action shall be initiated by the school board or its agent. 57.4 Subd. 2. [NOTICE.] Written notice of intent to take action 57.5 must: 57.6 (a) Be served upon the pupil and the pupil's parent or 57.7 guardian by certified mail; 57.8 (b) Contain a complete statement of the facts, a list of 57.9 the witnesses and a description of their testimony; 57.10 (c) State the date, time, and place of the hearing; 57.11 (d) Be accompanied by a copy of sections 120.901 to 120.95; 57.12 (e) Describe alternative educational programs accorded the 57.13 pupil prior to commencement of the expulsion or exclusion 57.14 proceedings; and 57.15 (f) Inform the pupil and parent or guardian of the right to: 57.16 (1) Have legal counsel at the hearing; 57.17 (2) Examine the pupil's records before the hearing; 57.18 (3) Present evidence; and 57.19 (4) Confront and cross-examine witnesses. 57.20 Subd. 3. [HEARING WITHIN TEN DAYS OF NOTICE.] The hearing 57.21 shall be scheduled within ten days of the service of the written 57.22 notice unless an extension, not to exceed five days, is 57.23 requested for good cause by the school board, pupil, parent or 57.24 guardian. 57.25 Subd. 4. [CONVENIENT HEARING.] The hearing must be at a 57.26 time and place reasonably convenient to pupil, parent or 57.27 guardian. 57.28 Subd. 5. [CLOSED HEARING.] The hearing must be closed 57.29 unless the pupil, parent or guardian requests an open hearing. 57.30 Subd. 6. [RIGHT TO REPRESENTATION.] The pupil shall have a 57.31 right to a representative of the pupil's own choosing, including 57.32 legal counsel. If a pupil is financially unable to retain 57.33 counsel, the school board shall advise the pupil's parent or 57.34 guardian of available legal assistance. 57.35 Subd. 7. [HEARING OFFICER.] The hearing must take place 57.36 before: 58.1 (a) An independent hearing officer; 58.2 (b) A member of the school board; 58.3 (c) A committee of the school board, or; 58.4 (d) The full school board; 58.5 as determined by the school board. 58.6 Subd. 8. [HEARING RECORDED.] The proceedings of the 58.7 hearing must be recorded and preserved, at the expense of the 58.8 school district, pending ultimate disposition of the action. 58.9 Testimony must be given under oath. The hearing officer or a 58.10 member of the school board shall have the power to issue 58.11 subpoenas and administer oaths. 58.12 Subd. 9. [ACCESS TO RECORDS.] At a reasonable time prior 58.13 to the hearing, the pupil, parent or guardian, or 58.14 representative, shall be given access to all public school 58.15 system records pertaining to the pupil, including any tests or 58.16 reports upon which the proposed action may be based. 58.17 Subd. 10. [RIGHT TO COMPEL ATTENDANCE AT HEARINGS.] The 58.18 pupil, parent or guardian, or representative, shall have the 58.19 right to compel the attendance of any official employee or agent 58.20 of the public school system or any public employee or any other 58.21 person who may have evidence upon which the proposed action may 58.22 be based, and to confront and to cross-examine any witness 58.23 testifying for the public school system. 58.24 Subd. 11. [RIGHT TO PRESENT EVIDENCE AND TESTIMONY.] The 58.25 pupil, parent or guardian, or representative, shall have the 58.26 right to present evidence and testimony, including expert 58.27 psychological or educational testimony. 58.28 Subd. 12. [PUPIL TESTIMONY.] The pupil cannot be compelled 58.29 to testify in the dismissal proceedings. 58.30 Subd. 13. [RECOMMENDATION.] The recommendation of the 58.31 hearing officer or school board member or committee shall be 58.32 based solely upon substantial evidence presented at the hearing 58.33 and be made to the school board within two days of the end of 58.34 the hearing. 58.35 Subd. 14. [DECISION.] The decision by the school board 58.36 must be based upon the recommendation of the hearing officer or 59.1 school board member or committee and shall be rendered at a 59.2 special meeting within five days after receipt of the 59.3 recommendation. The decision must be in writing and the 59.4 controlling facts found upon which the decision is made shall be 59.5 stated in sufficient detail to apprise the parties and the 59.6 commissioner of the basis and reason for the decision. 59.7 Subd. 15. [ADMISSION OR READMISSION PLAN.] A school board 59.8 may prepare and enforce an admission or readmission plan for any 59.9 pupil who is suspended, excluded, or expelled from school. The 59.10 plan may include measures to improve the pupil's behavior and 59.11 require parental involvement in the admission or readmission 59.12 process, and may indicate the consequences to the pupil of not 59.13 improving the pupil's behavior. 59.14 Sec. 52. [120.9061] [GOOD FAITH EXCEPTION.] 59.15 A violation of the technical provisions of the pupil fair 59.16 dismissal act of 1974, made in good faith, is not a defense to a 59.17 disciplinary procedure under the act unless the pupil can 59.18 demonstrate actual prejudice as a result of the violation. 59.19 Sec. 53. [120.907] [APPEAL.] 59.20 An exclusion or expulsion decision made pursuant to 59.21 sections 120.901 to 120.95 may be appealed to the commissioner. 59.22 The commissioner or the commissioner's representative shall make 59.23 a final decision based upon a record of evidence presented at 59.24 the hearing. Such ruling shall be binding upon the parties, 59.25 subject to judicial review as provided in section 127.33. 59.26 Sec. 54. [120.908] [JUDICIAL REVIEW.] 59.27 The decision of the commissioner made pursuant to sections 59.28 120.901 to 120.95 shall be subject to judicial review in 59.29 accordance with chapter 14. 59.30 Sec. 55. [120.909] [REPORTS TO SERVICE AGENCY.] 59.31 The board shall report any action taken pursuant to 59.32 sections 120.901 to 120.95 to the appropriate public service 59.33 agency, when the pupil is under the supervision of such agency. 59.34 Sec. 56. [120.91] [NONAPPLICATION OF COMPULSORY ATTENDANCE 59.35 LAW.] 59.36 The provisions of section 120.101, subdivision 5, shall not 60.1 apply to any pupil during a dismissal pursuant to sections 60.2 120.901 to 120.95. 60.3 Sec. 57. [120.92] [REPORT TO COMMISSIONER OF CHILDREN, 60.4 FAMILIES, AND LEARNING.] 60.5 The board must report each exclusion or expulsion within 30 60.6 days of the effective date of the action to the commissioner. 60.7 This report must include a statement of alternative programs of 60.8 education accorded the pupil prior to the commencement of 60.9 exclusion or expulsion proceedings. 60.10 Sec. 58. [120.93] [NOTICE OF RIGHT TO BE REINSTATED.] 60.11 Whenever a pupil fails to return to school within ten 60.12 school days of the termination of dismissal, the pupil and the 60.13 pupil's parents shall be informed by certified mail of the 60.14 pupil's right to attend and to be reinstated in the public 60.15 school. 60.16 Sec. 59. [120.94] [POLICIES TO BE ESTABLISHED.] 60.17 (a) The commissioner shall promulgate guidelines to assist 60.18 each school board. Each board must establish uniform criteria 60.19 for dismissal and adopt policies and rules in writing to 60.20 effectuate the purposes of sections 120.901 to 120.95. The 60.21 policies must emphasize the prevention of dismissal action 60.22 through early detection of problems. The policies must 60.23 recognize the continuing responsibility of the school for the 60.24 education of the pupil during the dismissal period and help 60.25 prepare the pupil for readmission. 60.26 (b) The commissioner shall actively encourage and assist 60.27 school districts to cooperatively establish alternative learning 60.28 programs that offer instruction to pupils who are dismissed from 60.29 school for willfully engaging in dangerous, disruptive, or 60.30 violent behavior, including for possessing a firearm in a school 60.31 zone. 60.32 Sec. 60. [120.95] [APPLICATION.] 60.33 Subdivision 1. [AFFECT ON OTHER LAW.] Sections 120.901 to 60.34 120.95 do not amend or otherwise affect or change section 60.35 363.03, subdivision 5, clause (2). 60.36 Subd. 2. [APPLICABILITY.] Sections 120.901 to 120.95 apply 61.1 only to those portions of the school program for which credit is 61.2 granted. 61.3 Sec. 61. [120.96] [DEFINITIONS.] 61.4 Subdivision 1. [REMOVAL FROM CLASS.] "Removal from class" 61.5 and "removal" mean any actions taken by a teacher, principal, or 61.6 other school district employee to prohibit a pupil from 61.7 attending a class or activity period for a period of time not to 61.8 exceed five days, pursuant to procedures established in the 61.9 school district discipline policy adopted by the school board 61.10 pursuant to section 127.41. 61.11 Subd. 2. [CLASS PERIOD.] "Class period" or "activity 61.12 period" means a period of time as defined in the district's 61.13 written discipline policy. 61.14 Subd. 3. [SCHOOL SITE MEDIATION BOARD.] "School site 61.15 mediation board" means a board representative of parents of 61.16 students in the building, staff, and students that shall have 61.17 the responsibilities as defined in section 127.411. The 61.18 principal or other person having general control and supervision 61.19 of the school, shall serve as an ex officio member of the board. 61.20 Subd. 4. [SCHOOL-BASED OMBUDSPERSON.] "School-based 61.21 ombudsperson" means an administrator, a teacher, a parent, or a 61.22 student representative who shall have the responsibilities as 61.23 outlined in section 127.412. 61.24 Sec. 62. [120.961] [DISCIPLINE AND REMOVAL OF STUDENTS 61.25 FROM CLASS.] 61.26 Subdivision 1. [REQUIRED POLICY.] Each school board must 61.27 adopt a written districtwide school discipline policy which 61.28 includes written rules of conduct for students, minimum 61.29 consequences for violations of the rules, and grounds and 61.30 procedures for removal of a student from class. The policy must 61.31 be developed with the participation of administrators, teachers, 61.32 employees, pupils, parents, community members, and such other 61.33 individuals or organizations as the board determines 61.34 appropriate. A school site council may adopt additional 61.35 provisions to the policy subject to the approval of the school 61.36 board. 62.1 Subd. 2. [GROUNDS FOR REMOVAL FROM CLASS.] The policy must 62.2 establish the various grounds for which a student may be removed 62.3 from a class in the district for a period of time pursuant to 62.4 the procedures specified in the policy. The grounds in the 62.5 policy must include at least the following provisions as well as 62.6 other grounds determined appropriate by the board: 62.7 (a) willful conduct which materially and substantially 62.8 disrupts the rights of others to an education; 62.9 (b) willful conduct which endangers school district 62.10 employees, the student or other students, or the property of the 62.11 school; 62.12 (c) willful violation of any rule of conduct specified in 62.13 the discipline policy adopted by the board. 62.14 Subd. 3. [POLICY COMPONENTS.] The policy must include at 62.15 least the following components: 62.16 (a) rules governing student conduct and procedures for 62.17 informing students of the rules; 62.18 (b) the grounds for removal of a student from a class; 62.19 (c) the authority of the classroom teacher to remove 62.20 students from the classroom pursuant to procedures and rules 62.21 established in the district's policy; 62.22 (d) the procedures for removal of a student from a class by 62.23 a teacher, school administrator, or other school district 62.24 employee; 62.25 (e) the period of time for which a student may be removed 62.26 from a class, which may not exceed five class periods for a 62.27 violation of a rule of conduct; 62.28 (f) provisions relating to the responsibility for and 62.29 custody of a student removed from a class; 62.30 (g) the procedures for return of a student to the specified 62.31 class from which the student has been removed; 62.32 (h) the procedures for notifying a student and the 62.33 student's parents or guardian of violations of the rules of 62.34 conduct and of resulting disciplinary actions; 62.35 (i) any procedures determined appropriate for encouraging 62.36 early involvement of parents or guardians in attempts to improve 63.1 a student's behavior; 63.2 (j) any procedures determined appropriate for encouraging 63.3 early detection of behavioral problems; 63.4 (k) any procedures determined appropriate for referring a 63.5 student in need of special education services to those services; 63.6 (1) the procedures for consideration of whether there is a 63.7 need for a further assessment or of whether there is a need for 63.8 a review of the adequacy of a current individual education plan 63.9 of a student with a disability who is removed from class; 63.10 (m) procedures for detecting and addressing chemical abuse 63.11 problems of a student while on the school premises; 63.12 (n) the minimum consequences for violations of the code of 63.13 conduct; and 63.14 (o) procedures for immediate and appropriate interventions 63.15 tied to violations of the code. 63.16 Sec. 63. [120.962] [SCHOOL SITE MEDIATION BOARD.] 63.17 Subdivision 1. [BOARD ALLOWED.] A school district or 63.18 school site council may establish a school site mediation 63.19 board. The board must consist of equal numbers of staff and 63.20 parents and, in the case of secondary schools, student 63.21 representatives. Members shall be representative of the school 63.22 community and must be selected by a method as determined in the 63.23 district's discipline policy. 63.24 Subd. 2. [PURPOSES AND DUTIES.] The board must mediate 63.25 issues in dispute at the school site related to the 63.26 implementation of district and school site codes of conduct 63.27 under sections 127.40 to 127.413, and the application of the 63.28 codes to a student. 63.29 Sec. 64. [120.963] [OMBUDSPERSON SERVICE.] 63.30 A school district or school site council may establish an 63.31 ombudsperson service for students, parents, and staff. The 63.32 service must consist of an administrator, a student, a parent, 63.33 and a teacher. The school site must notify students, parents, 63.34 and staff of the availability of the service. The service must 63.35 provide advocacy for enforcement of the codes of conduct and the 63.36 procedures to remediate disputes related to implementation of 64.1 the code of conduct and the goals of the school in maintaining 64.2 an orderly learning environment for all students. 64.3 Sec. 65. [120.964] [NOTIFICATION.] 64.4 Representatives of the school board and the exclusive 64.5 representative of the teachers shall discuss issues related to 64.6 notification prior to placement in classrooms of students with 64.7 histories of violent behavior and any need for intervention 64.8 services or conflict resolution or training for staff in such 64.9 cases. 64.10 Sec. 66. [120.965] [REVIEW OF POLICY.] 64.11 The principal or other person having general control and 64.12 supervision of the school, and representatives of parents, 64.13 students, and staff in a school building shall confer at least 64.14 annually to review the discipline policy and to assess whether 64.15 the policy has been enforced. Each school board must conduct an 64.16 annual review of the districtwide discipline policy. 64.17 Sec. 67. [120.97] [DEFINITIONS.] 64.18 Subdivision 1. [APPLICATION.] For the purposes of 64.19 providing instruction to children with a disability under 64.20 sections 120.17 and 120.1701, this section, and section 127.44, 64.21 the following terms have the meanings given them. 64.22 Subd. 2. [AVERSIVE PROCEDURE.] "Aversive procedure" means 64.23 the planned application of an aversive stimulus. 64.24 Subd. 3. [AVERSIVE STIMULUS.] "Aversive stimulus" means an 64.25 object that is used, or an event or situation that occurs 64.26 immediately after a specified behavior in order to suppress that 64.27 behavior. 64.28 Subd. 4. [DEPRIVATION PROCEDURE.] "Deprivation procedure" 64.29 means the planned delay or withdrawal of goods, services, or 64.30 activities that the person would otherwise receive. 64.31 Subd. 5. [EMERGENCY.] "Emergency" means a situation in 64.32 which immediate intervention is necessary to protect a pupil or 64.33 other individual from physical injury or to prevent property 64.34 damage. 64.35 Sec. 68. [120.971] [AVERSIVE AND DEPRIVATION PROCEDURES.] 64.36 The state board must adopt rules governing the use of 65.1 aversive and deprivation procedures by school district employees 65.2 or persons under contract with a school district. The rules 65.3 must: 65.4 (1) promote the use of positive approaches and must not 65.5 encourage or require the use of aversive or deprivation 65.6 procedures; 65.7 (2) require that planned application of aversive and 65.8 deprivation procedures be a part of an individual education 65.9 plan; 65.10 (3) require parents or guardians to be notified after the 65.11 use of aversive or deprivation procedures in an emergency; 65.12 (4) establish health and safety standards for the use of 65.13 time-out procedures that require a safe environment, continuous 65.14 monitoring of the child, ventilation, and adequate space; and 65.15 (5) contain a list of prohibited procedures. 65.16 Sec. 69. [120.973] [CORPORAL PUNISHMENT.] 65.17 Subdivision 1. [DEFINITION.] For the purpose of this 65.18 section, "corporal punishment" means conduct involving: 65.19 (1) hitting or spanking a person with or without an object; 65.20 or 65.21 (2) unreasonable physical force that causes bodily harm or 65.22 substantial emotional harm. 65.23 Subd. 2. [CORPORAL PUNISHMENT NOT ALLOWED.] An employee or 65.24 agent of a public school district shall not inflict corporal 65.25 punishment or cause corporal punishment to be inflicted upon a 65.26 pupil to reform unacceptable conduct or as a penalty for 65.27 unacceptable conduct. 65.28 Subd. 3. [VIOLATION.] Conduct that violates subdivision 2 65.29 is not a crime under section 645.241, but may be a crime under 65.30 chapter 609 if the conduct violates a provision of chapter 609. 65.31 Sec. 70. [120.98] [MODEL POLICY.] 65.32 The commissioner shall maintain and make available to 65.33 school boards a model sexual, religious, and racial harassment 65.34 and violence policy. The model policy shall address the 65.35 requirements of section 127.46. 65.36 Each school board must submit to the commissioner a copy of 66.1 the sexual, religious, and racial harassment and sexual, 66.2 religious, and racial violence policy the board has adopted. 66.3 Sec. 71. [120.981] [SEXUAL, RELIGIOUS, AND RACIAL 66.4 HARASSMENT AND VIOLENCE POLICY.] 66.5 Each school board must adopt a written sexual, religious, 66.6 and racial harassment and sexual, religious, and racial violence 66.7 policy that conforms with sections 363.01 to 363.15. The policy 66.8 shall apply to pupils, teachers, administrators, and other 66.9 school personnel, include reporting procedures, and set forth 66.10 disciplinary actions that will be taken for violation of the 66.11 policy. Disciplinary actions must conform with collective 66.12 bargaining agreements and sections 127.27 to 127.39. The policy 66.13 must be conspicuously posted throughout each school building, 66.14 given to each district employee and independent contractor at 66.15 the time of entering into the person's employment contract, and 66.16 included in each school's student handbook on school policies. 66.17 Each school must develop a process for discussing the school's 66.18 sexual, religious, and racial harassment and violence policy 66.19 with students and school employees. 66.20 Sec. 72. [120.982] [SCHOOL LOCKER POLICY.] 66.21 Subdivision 1. [POLICY.] It is the policy of the state of 66.22 Minnesota that: 66.23 "School lockers are the property of the school district. 66.24 At no time does the school district relinquish its exclusive 66.25 control of lockers provided for the convenience of students. 66.26 Inspection of the interior of lockers may be conducted by school 66.27 authorities for any reason at any time, without notice, without 66.28 student consent, and without a search warrant. The personal 66.29 possessions of students within a school locker may be searched 66.30 only when school authorities have a reasonable suspicion that 66.31 the search will uncover evidence of a violation of law or school 66.32 rules. As soon as practicable after the search of a student's 66.33 personal possessions, the school authorities must provide notice 66.34 of the search to students whose lockers were searched unless 66.35 disclosure would impede an ongoing investigation by police or 66.36 school officials." 67.1 Subd. 2. [DISSEMINATION.] The locker policy must be 67.2 disseminated to parents and students in the way that other 67.3 policies of general application to students are disseminated. A 67.4 copy of the policy must be provided to a student the first time 67.5 after the policy is effective that the student is given the use 67.6 of a locker. 67.7 Sec. 73. [120.983] [POLICY TO REFER FIREARMS POSSESSOR.] 67.8 Each school board must have a policy requiring the 67.9 appropriate school official to, as soon as practicable, refer to 67.10 the criminal justice or juvenile delinquency system, as 67.11 appropriate, any pupil who brings a firearm to school unlawfully. 67.12 Sec. 74. [REPEALER.] 67.13 Minnesota Statutes 1996, sections 120.0112; 120.03; 120.05; 67.14 120.08; 120.1045; 120.17; 120.1701; 120.172; 120.173; 120.181; 67.15 120.1811; 120.182; 120.183; 120.185; 120.187; 120.188; 120.189; 67.16 120.190; 120.59; 120.60; 120.61; 120.62; 120.63; 120.64; 120.65; 67.17 120.66; 120.67, 120.71, 120.72, and 120.90, are repealed. 67.18 ARTICLE 2 67.19 CHAPTER 120A 67.20 SPECIAL NEEDS 67.21 Section 1. [120A.01] [DEFINITIONS.] 67.22 For purposes of this chapter, the words defined in section 67.23 120.02 have the same meaning. 67.24 Sec. 2. [120A.02] [CHILDREN WITH A DISABILITY, DEFINED.] 67.25 Subdivision 1. [DEFINITION.] Every child who has a hearing 67.26 impairment, visual disability, speech or language impairment, 67.27 physical handicap, other health impairment, mental handicap, 67.28 emotional/behavioral disorder, specific learning disability, or 67.29 deaf/blind disability and needs special instruction and 67.30 services, as determined by the standards of the state board, is 67.31 a child with a disability. In addition, every child under age 67.32 five who needs special instruction and services, as determined 67.33 by the standards of the state board, because the child has a 67.34 substantial delay or has an identifiable physical or mental 67.35 condition known to hinder normal development is a child with a 67.36 disability. 68.1 Subd. 2. [EXCEPTION.] A child with a short-term or 68.2 temporary physical or emotional illness or disability, as 68.3 determined by the standards of the state board, is not a child 68.4 with a disability. 68.5 Sec. 3. [120A.03] [CHILDREN WITH A DISABILITY.] 68.6 Subdivision 1. [SPECIAL INSTRUCTION FOR CHILDREN WITH A 68.7 DISABILITY.] Every district must provide special instruction and 68.8 services, either within the district or in another district, for 68.9 children with a disability who are residents of the district and 68.10 who are disabled as set forth in section 120.03. 68.11 Notwithstanding any age limits in laws to the contrary, special 68.12 instruction and services must be provided from birth until 68.13 September 1 after the child with a disability becomes 22 years 68.14 old but must not extend beyond secondary school or its 68.15 equivalent, except as provided in section 126.22, subdivision 68.16 2. Local health, education, and social service agencies must 68.17 refer children under age five who are known to need or suspected 68.18 of needing special instruction and services to the school 68.19 district. Districts with less than the minimum number of 68.20 eligible children with a disability as determined by the state 68.21 board must cooperate with other districts to maintain a full 68.22 range of programs for education and services for children with a 68.23 disability. This subdivision does not alter the compulsory 68.24 attendance requirements of section 120.101. 68.25 Subd. 2. [HIGH SCHOOL DIPLOMA.] Upon completion of 68.26 secondary school or the equivalent, a pupil with a disability 68.27 who satisfactorily attains the objectives in the pupil's 68.28 individual education plan must be granted a high school diploma 68.29 that is identical to the diploma granted to a pupil without a 68.30 disability. 68.31 Subd. 3. [METHOD OF SPECIAL INSTRUCTION.] (a) Special 68.32 instruction and services for children with a disability must be 68.33 based on the assessment and individual education plan. The 68.34 instruction and services may be provided by one or more of the 68.35 following methods: 68.36 (1) in connection with attending regular elementary and 69.1 secondary school classes; 69.2 (2) establishment of special classes; 69.3 (3) at the home or bedside of the child; 69.4 (4) in other districts; 69.5 (5) instruction and services by special education 69.6 cooperative centers established under this section, or in 69.7 another member district of the cooperative center to which the 69.8 resident district of the child with a disability belongs; 69.9 (6) in a state residential school or a school department of 69.10 a state institution approved by the commissioner; 69.11 (7) in other states; 69.12 (8) by contracting with public, private or voluntary 69.13 agencies; 69.14 (9) for children under age five and their families, 69.15 programs and services established through collaborative efforts 69.16 with other agencies; 69.17 (10) for children under age five and their families, 69.18 programs in which children with a disability are served with 69.19 children without a disability; and 69.20 (11) any other method approved by the commissioner. 69.21 (b) Preference shall be given to providing special 69.22 instruction and services to children under age three and their 69.23 families in the residence of the child with the parent or 69.24 primary caregiver, or both, present. 69.25 (c) The primary responsibility for the education of a child 69.26 with a disability must remain with the district of the child's 69.27 residence regardless of which method of providing special 69.28 instruction and services is used. If a district other than a 69.29 child's district of residence provides special instruction and 69.30 services to the child, then the district providing the special 69.31 instruction and services must notify the child's district of 69.32 residence before the child's individual education plan is 69.33 developed and must provide the district of residence an 69.34 opportunity to participate in the plan's development. The 69.35 district of residence must inform the parents of the child about 69.36 the methods of instruction that are available. 70.1 (d) Paragraphs (e) to (i) may be cited as the "Blind 70.2 Persons' Literacy Rights and Education Act." 70.3 (e) The following definitions apply to paragraphs (f) to 70.4 (i). 70.5 "Blind student" means an individual who is eligible for 70.6 special educational services and who: 70.7 (1) has a visual acuity of 20/200 or less in the better eye 70.8 with correcting lenses or has a limited field of vision such 70.9 that the widest diameter subtends an angular distance of no 70.10 greater than 20 degrees; or 70.11 (2) has a medically indicated expectation of visual 70.12 deterioration. 70.13 "Braille" means the system of reading and writing through 70.14 touch commonly known as standard English Braille. 70.15 "Individualized education plan" means a written statement 70.16 developed for a student eligible for special education and 70.17 services pursuant to this section and section 602(a)(20) of part 70.18 A of the Individuals with Disabilities Education Act, United 70.19 States Code, title 20, section 1401(a). 70.20 (f) In developing an individualized education plan for each 70.21 blind student the presumption must be that proficiency in 70.22 Braille reading and writing is essential for the student to 70.23 achieve satisfactory educational progress. The assessment 70.24 required for each student must include a Braille skills 70.25 inventory, including a statement of strengths and deficits. 70.26 Braille instruction and use are not required by this paragraph 70.27 if, in the course of developing the student's individualized 70.28 education program, team members concur that the student's visual 70.29 impairment does not affect reading and writing performance 70.30 commensurate with ability. This paragraph does not require the 70.31 exclusive use of Braille if other special education services are 70.32 appropriate to the student's educational needs. The provision 70.33 of other appropriate services does not preclude Braille use or 70.34 instruction. Instruction in Braille reading and writing must be 70.35 available for each blind student for whom the multidisciplinary 70.36 team has determined that reading and writing is appropriate. 71.1 (g) Instruction in Braille reading and writing must be 71.2 sufficient to enable each blind student to communicate 71.3 effectively and efficiently with the same level of proficiency 71.4 expected of the student's peers of comparable ability and grade 71.5 level. 71.6 (h) The student's individualized education plan must 71.7 specify: 71.8 (1) the results obtained from the assessment required under 71.9 paragraph (f); 71.10 (2) how Braille will be implemented through integration 71.11 with other classroom activities; 71.12 (3) the date on which Braille instruction will begin; 71.13 (4) the length of the period of instruction and the 71.14 frequency and duration of each instructional session; 71.15 (5) the level of competency in Braille reading and writing 71.16 to be achieved by the end of the period and the objective 71.17 assessment measures to be used; and 71.18 (6) if a decision has been made under paragraph (f) that 71.19 Braille instruction or use is not required for the student: 71.20 (i) a statement that the decision was reached after a 71.21 review of pertinent literature describing the educational 71.22 benefits of Braille instruction and use; and 71.23 (ii) a specification of the evidence used to determine that 71.24 the student's ability to read and write effectively without 71.25 Braille is not impaired. 71.26 (i) Instruction in Braille reading and writing is a service 71.27 for the purpose of special education and services under this 71.28 section. 71.29 (j) Paragraphs (e) to (i) must not be construed to 71.30 supersede any rights of a parent or guardian of a child with a 71.31 disability under federal or state law. 71.32 Subd. 4. [RULES OF THE STATE BOARD.] (a) The state board 71.33 must promulgate rules relative to qualifications of essential 71.34 personnel, courses of study, methods of instruction, pupil 71.35 eligibility, size of classes, rooms, equipment, supervision, 71.36 parent consultation, and any other rules it deems necessary for 72.1 instruction of children with a disability. These rules must 72.2 provide standards and procedures appropriate for the 72.3 implementation of and within the limitations of subdivisions 3a 72.4 and 3b. These rules must also provide standards for the 72.5 discipline, control, management, and protection of children with 72.6 a disability. The state board must not adopt rules for pupils 72.7 served in level 1, 2, or 3, as defined in Minnesota Rules, part 72.8 3525.2340, establishing either case loads or the maximum number 72.9 of pupils that may be assigned to special education teachers. 72.10 The state board, in consultation with the departments of health 72.11 and human services, must adopt permanent rules for instruction 72.12 and services for children under age five and their families. 72.13 These rules are binding on state and local education, health, 72.14 and human services agencies. The state board must adopt rules 72.15 to determine eligibility for special education services. The 72.16 rules must include procedures and standards by which to grant 72.17 variances for experimental eligibility criteria. The state 72.18 board must, according to section 14.05, subdivision 4, notify a 72.19 district applying for a variance from the rules within 45 72.20 calendar days of receiving the request whether the request for 72.21 the variance has been granted or denied. If a request is 72.22 denied, the board must specify the program standards used to 72.23 evaluate the request and the reasons for denying the request. 72.24 (b) The state's regulatory scheme should support schools by 72.25 assuring that all state special education rules adopted by the 72.26 state board result in one or more of the following outcomes: 72.27 (1) increased time available to teachers for educating 72.28 students through direct and indirect instruction; 72.29 (2) consistent and uniform access to effective education 72.30 programs for students with disabilities throughout the state; 72.31 (3) reduced inequalities, conflict, and court actions 72.32 related to the delivery of special education instruction and 72.33 services for students with disabilities; 72.34 (4) clear expectations for service providers and for 72.35 students with disabilities; 72.36 (5) increased accountability for all individuals and 73.1 agencies that provide instruction and other services to students 73.2 with disabilities; 73.3 (6) greater focus for the state and local resources 73.4 dedicated to educating students with disabilities; and 73.5 (7) clearer standards for evaluating the effectiveness of 73.6 education and support services for students with disabilities. 73.7 Subd. 5. [SCHOOL DISTRICT OBLIGATIONS.] Every district 73.8 must ensure the following: 73.9 (1) all students with disabilities are provided the special 73.10 instruction and services that are appropriate to their needs. 73.11 Where the individual education plan team has determined 73.12 appropriate goals and objectives based on the student's needs, 73.13 including the extent to which the student can be included in the 73.14 least restrictive environment, and where there are essentially 73.15 equivalent and effective instruction, related services, or 73.16 assistive technology devices available to meet the student's 73.17 needs, cost to the district may be among the factors considered 73.18 by the team in choosing how to provide the appropriate services, 73.19 instruction, or devices that are to be made part of the 73.20 student's individual education plan. The student's needs and 73.21 the special education instruction and services to be provided 73.22 must be agreed upon through the development of an individual 73.23 education plan. The plan must address the student's need to 73.24 develop skills to live and work as independently as possible 73.25 within the community. By grade 9 or age 14, the plan must 73.26 address the student's needs for transition from secondary 73.27 services to post-secondary education and training, employment, 73.28 community participation, recreation, and leisure and home 73.29 living. The plan must include a statement of the needed 73.30 transition services, including a statement of the interagency 73.31 responsibilities or linkages or both before secondary services 73.32 are concluded; 73.33 (2) children with a disability under age five and their 73.34 families are provided special instruction and services 73.35 appropriate to the child's level of functioning and needs; 73.36 (3) children with a disability and their parents or 74.1 guardians are guaranteed procedural safeguards and the right to 74.2 participate in decisions involving identification, assessment 74.3 including assistive technology assessment, and educational 74.4 placement of children with a disability; 74.5 (4) to the maximum extent appropriate, children with a 74.6 disability, including those in public or private institutions or 74.7 other care facilities, are educated with children who are not 74.8 disabled, and that special classes, separate schooling, or other 74.9 removal of children with a disability from the regular 74.10 educational environment occurs only when and to the extent that 74.11 the nature or severity of the disability is such that education 74.12 in regular classes with the use of supplementary services cannot 74.13 be achieved satisfactorily; 74.14 (5) in accordance with recognized professional standards, 74.15 testing and evaluation materials, and procedures utilized for 74.16 the purposes of classification and placement of children with a 74.17 disability are selected and administered so as not to be 74.18 racially or culturally discriminatory; and 74.19 (6) the rights of the child are protected when the parents 74.20 or guardians are not known or not available, or the child is a 74.21 ward of the state. 74.22 Subd. 6. [PROCEDURES FOR DECISIONS.] Every district must 74.23 utilize at least the following procedures for decisions 74.24 involving identification, assessment, and educational placement 74.25 of children with a disability: 74.26 (a) Parents and guardians must receive prior written notice 74.27 of: 74.28 (1) any proposed formal educational assessment or proposed 74.29 denial of a formal educational assessment of their child; 74.30 (2) a proposed placement of their child in, transfer from 74.31 or to, or denial of placement in a special education program; or 74.32 (3) the proposed provision, addition, denial, or removal of 74.33 special education services for their child; 74.34 (b) The district must not proceed with the initial formal 74.35 assessment of a child, the initial placement of a child in a 74.36 special education program, or the initial provision of special 75.1 education services for a child without the prior written consent 75.2 of the child's parent or guardian. The refusal of a parent or 75.3 guardian to consent may be overridden by the decision in a 75.4 hearing held pursuant to clause (e) at the district's initiative. 75.5 (c) Parents and guardians must have an opportunity to meet 75.6 with appropriate district staff in at least one conciliation 75.7 conference, mediation, or other method of alternative dispute 75.8 resolution that the parties agree to, if they object to any 75.9 proposal of which they are notified pursuant to clause (a). The 75.10 conciliation process or other form of alternative dispute 75.11 resolution must not be used to deny or delay a parent or 75.12 guardian's right to a due process hearing. If the parent or 75.13 guardian refuses efforts by the district to conciliate the 75.14 dispute with the district, the requirement of an opportunity for 75.15 conciliation or other alternative dispute resolution must be 75.16 deemed to be satisfied. Notwithstanding other law, in any 75.17 proceeding following a conciliation conference, the district 75.18 must not offer a conciliation conference memorandum into 75.19 evidence, except for any portions that describe the district's 75.20 final proposed offer of service. Otherwise, with respect to 75.21 forms of dispute resolution, mediation, or conciliation, 75.22 Minnesota Rule of Evidence 408 applies. The department may 75.23 reimburse the districts or directly pay the costs of lay 75.24 advocates, not to exceed $150 per dispute, used in conjunction 75.25 with alternative dispute resolution. 75.26 (d) The commissioner must establish a mediation process to 75.27 assist parents, districts, or other parties to resolve disputes 75.28 arising out of the identification, assessment, or educational 75.29 placement of children with a disability. The mediation process 75.30 must be offered as an informal alternative to the due process 75.31 hearing provided under clause (e), but must not be used to deny 75.32 or postpone the opportunity of a parent or guardian to obtain a 75.33 due process hearing. 75.34 (e) Parents, guardians, and the district must have an 75.35 opportunity to obtain an impartial due process hearing initiated 75.36 and conducted by and in the district responsible for assuring 76.1 that an appropriate program is provided in accordance with state 76.2 board rules, if the parent or guardian continues to object to: 76.3 (1) a proposed formal educational assessment or proposed 76.4 denial of a formal educational assessment of their child; 76.5 (2) the proposed placement of their child in, or transfer 76.6 of their child to a special education program; 76.7 (3) the proposed denial of placement of their child in a 76.8 special education program or the transfer of their child from a 76.9 special education program; 76.10 (4) the proposed provision or addition of special education 76.11 services for their child; or 76.12 (5) the proposed denial or removal of special education 76.13 services for their child. 76.14 Within five business days after the request for a hearing, 76.15 or as directed by the hearing officer, the objecting party must 76.16 provide the other party with a brief written statement of 76.17 particulars of the objection, the reasons for the objection, and 76.18 the specific remedies sought. The other party must provide the 76.19 objecting party with a written response to the statement of 76.20 objections within five business days of receipt of the statement. 76.21 The hearing must take place before an impartial hearing 76.22 officer mutually agreed to by the board and the parent or 76.23 guardian. Within four business days of the receipt of the 76.24 request for the hearing, if the parties have not agreed on the 76.25 hearing officer, the board must request the commissioner to 76.26 appoint a hearing officer. The board must include with the 76.27 request the name of the person requesting the hearing, the name 76.28 of the student, the attorneys involved, if any, and the date the 76.29 hearing request was received. The hearing officer must not be a 76.30 board member or employee of the district where the child resides 76.31 or of the child's district of residence, an employee of any 76.32 other public agency involved in the education or care of the 76.33 child, or any person with a personal or professional interest 76.34 that would conflict with the person's objectivity at the 76.35 hearing. A person who otherwise qualifies as a hearing officer 76.36 is not an employee of the district solely because the person is 77.1 paid by the district to serve as a hearing officer. If the 77.2 hearing officer requests an independent educational assessment 77.3 of a child, the cost of the assessment must be at district 77.4 expense. The proceedings must be recorded and preserved, at the 77.5 expense of the school district, pending ultimate disposition of 77.6 the action. 77.7 (f) The decision of the hearing officer pursuant to clause 77.8 (e) must be rendered not more than 45 calendar days from the 77.9 date of the receipt of the request for the hearing, except that 77.10 hearing officers are encouraged to accelerate the timeline to 30 77.11 days for children birth through two whose needs change rapidly 77.12 and require quick resolution of complaints. A hearing officer 77.13 may not grant specific extensions of time beyond the 45-day 77.14 period unless requested by either party for good cause shown on 77.15 the record. The decision of the hearing officer is binding on 77.16 all parties unless appealed to the commissioner by the parent; 77.17 guardian; board of the district where the child resides pursuant 77.18 to clause (g); and also in the case of children birth through 77.19 two, by the county board. 77.20 The local decision must: 77.21 (1) be in writing; 77.22 (2) state the controlling facts upon which the decision is 77.23 made in sufficient detail to apprise the parties and the hearing 77.24 review officer of the basis and reason for the decision; and 77.25 (3) be based on the standards set forth in subdivision 5 77.26 and the rules of the state board. 77.27 (g) Any local decision issued pursuant to clauses (e) and 77.28 (f) may be appealed to the commissioner within 30 calendar days 77.29 of receipt of that written decision, by the parent, guardian, or 77.30 the board of the district responsible for assuring that an 77.31 appropriate program is provided in accordance with state board 77.32 rules. The appealing party must note the specific parts of the 77.33 hearing decision being appealed. 77.34 If the decision is appealed, a written transcript of the 77.35 hearing must be made by the district and provided by the 77.36 district to the parties involved and the hearing review officer 78.1 within five calendar days of the filing of the appeal. The 78.2 hearing review officer must conduct an appellate review and 78.3 issue a final independent decision based on an impartial review 78.4 of the local decision and the entire record within 30 calendar 78.5 days after the filing of the appeal. However, the hearing 78.6 review officer must seek additional evidence if necessary and 78.7 may afford the parties an opportunity for written or oral 78.8 argument. Any hearing held to seek additional evidence must be 78.9 an impartial due process hearing but is deemed not to be a 78.10 contested case hearing for purposes of chapter 14. The hearing 78.11 review officer may grant specific extensions of time beyond the 78.12 30-day period at the request of any party for good cause shown 78.13 on the record. 78.14 The final decision must: 78.15 (1) be in writing; 78.16 (2) include findings and conclusions; and 78.17 (3) be based upon the standards set forth in subdivision 5 78.18 and in the rules of the state board. 78.19 (h) The decision of the hearing review officer is final 78.20 unless appealed by the parent or guardian or board to the 78.21 Minnesota court of appeals or federal district court as provided 78.22 by federal law. State judicial review must be in accordance 78.23 with chapter 14. 78.24 (i) The commissioner shall select an individual who has the 78.25 qualifications enumerated in this paragraph to serve as the 78.26 hearing review officer: 78.27 (1) the individual must be knowledgeable and impartial; 78.28 (2) the individual must not have a personal interest in or 78.29 specific involvement with the student who is a party to the 78.30 hearing; 78.31 (3) the individual must not have been employed as an 78.32 administrator by the district that is a party to the hearing; 78.33 (4) the individual must not have been involved in the 78.34 selection of the administrators of the district that is a party 78.35 to the hearing; 78.36 (5) the individual must not have a personal, economic, or 79.1 professional interest in the outcome of the hearing other than 79.2 the proper administration of the federal and state laws, rules, 79.3 and policies; 79.4 (6) the individual must not have substantial involvement in 79.5 the development of a state or local policy or procedures that 79.6 are challenged in the appeal; 79.7 (7) the individual is not a current employee or board 79.8 member of a Minnesota public school district, education 79.9 district, intermediate unit or regional education agency, the 79.10 department, and the state board of education; and 79.11 (8) the individual is not a current employee or board 79.12 member of a disability advocacy organization or group. 79.13 (j) In all appeals, the parent or guardian of the pupil 79.14 with a disability or the district that is a party to the hearing 79.15 may challenge the impartiality or competence of the proposed 79.16 hearing review officer by applying to the hearing review officer. 79.17 (k) Pending the completion of proceedings pursuant to this 79.18 subdivision, unless the district and the parent or guardian of 79.19 the child agree otherwise, the child must remain in the child's 79.20 current educational placement and must not be denied initial 79.21 admission to school. 79.22 (l) The child's district of residence, a resident district, 79.23 and providing district must receive notice of and may be a party 79.24 to any hearings or appeals under this subdivision. 79.25 (m) A district is not liable for harmless technical 79.26 violations of this subdivision or rules implementing this 79.27 subdivision if the district can demonstrate on a case-by-case 79.28 basis that the violations did not harm the student's educational 79.29 progress or the parent or guardian's right to notice, 79.30 participation, or due process. 79.31 (n) Within ten calendar days after appointment, the hearing 79.32 officer must schedule and hold a prehearing conference. At that 79.33 conference, or later, the hearing officer may take any 79.34 appropriate action a court may take under Rule 16 of Minnesota 79.35 Rules of Civil Procedure including, but not limited to, 79.36 scheduling, jurisdiction, and listing witnesses including expert 80.1 witnesses. 80.2 (o) A hearing officer or hearing review officer appointed 80.3 under this subdivision is deemed to be an employee of the state 80.4 under section 3.732 for the purposes of section 3.736 only. 80.5 (p) In order to be eligible for selection, hearing officers 80.6 and hearing review officers must participate in training and 80.7 follow procedures as designated by the commissioner. 80.8 (q) The hearing officer may admit all evidence that 80.9 possesses probative value, including hearsay, if it is the type 80.10 of evidence on which reasonable, prudent persons are accustomed 80.11 to rely in the conduct of their serious affairs. The hearing 80.12 officer must give effect to the rules of privilege recognized by 80.13 law. Evidence that is incompetent, irrelevant, immaterial, or 80.14 unduly repetitious must be excluded. 80.15 Subd. 7. [INTERAGENCY SERVICES.] If at the time of initial 80.16 referral for an educational assessment, or a reassessment, the 80.17 district determines that a child with disabilities who is age 3 80.18 through 21 may be eligible for interagency services, the 80.19 district may request that the county of residence provide a 80.20 representative to the initial assessment or reassessment team 80.21 meeting or the first individual education plan team meeting 80.22 following the assessment or reassessment. The district may 80.23 request to have a county representative attend other individual 80.24 education plan team meetings when it is necessary to facilitate 80.25 coordination between district and county provided services. 80.26 Upon request from a district, the resident county must provide a 80.27 representative to assist the individual education plan team in 80.28 determining the child's eligibility for existing health, mental 80.29 health, or other support services administered or provided by 80.30 the county. The individual education plan team and the county 80.31 representative must develop an interagency plan of care for an 80.32 eligible child and the child's family to coordinate services 80.33 required under the child's individual education plan with county 80.34 services. The interagency plan of care must include appropriate 80.35 family information with the consent of the family, a description 80.36 of how services will be coordinated between the district and 81.1 county, a description of service coordinator responsibilities 81.2 and services, and a description of activities for obtaining 81.3 third-party payment for eligible services, including medical 81.4 assistance payments. 81.5 Subd. 8. [SPECIAL INSTRUCTIONS FOR NONRESIDENT CHILDREN.] 81.6 When a district provides instruction and services outside the 81.7 district of residence, board and lodging, and any tuition to be 81.8 paid, must be paid by the district of residence. The tuition 81.9 rate to be charged for any child with a disability must be the 81.10 actual cost of providing special instruction and services to the 81.11 child including a proportionate amount for capital outlay and 81.12 debt service but not including any amount for transportation, 81.13 minus the amount of special aid for children with a disability 81.14 received on behalf of that child. If the boards involved do not 81.15 agree upon the tuition rate, either board may apply to the 81.16 commissioner to fix the rate. The commissioner must then set a 81.17 date for a hearing, giving each board at least ten days' notice, 81.18 and after the hearing the commissioner must make an order fixing 81.19 the tuition rate, which is binding on both districts. 81.20 When a district provides instruction and services in a day 81.21 program outside the district of residence, the district of 81.22 residence is responsible for providing transportation. When a 81.23 district provides instruction and services requiring board and 81.24 lodging or placement in a residential program outside the 81.25 district of residence, the nonresident district in which the 81.26 child is placed is responsible for providing transportation. 81.27 Transportation costs shall be paid by the district responsible 81.28 for providing transportation and the state must pay 81.29 transportation aid to that district. 81.30 For the purposes of this section, any district may enter 81.31 into an agreement, upon mutually agreed upon terms and 81.32 conditions, to provide special instruction and services for 81.33 children with a disability. In that event, one of the 81.34 participating units may employ and contract with necessary 81.35 qualified personnel to offer services in the several districts. 81.36 Each participating unit must reimburse the employing unit a 82.1 proportionate amount of the actual cost of providing the special 82.2 instruction and services, less the amount of state special 82.3 education aid, which shall be claimed in full by the employing 82.4 district. 82.5 Subd. 9. [ATTENDANCE IN ANOTHER DISTRICT.] No resident of 82.6 a district who is eligible for special instruction and services 82.7 pursuant to this section may be denied provision of this 82.8 instruction and service because of attending a public school in 82.9 another district pursuant to section 123.39, subdivision 5, if 82.10 the attendance is not subject to section 120.075, 120.0751, or 82.11 120.0752. If the pupil attends a public school located in a 82.12 contiguous district and the district of attendance does not 82.13 provide special instruction and services, the district of 82.14 residence must provide necessary transportation for the pupil 82.15 between the boundary of the district of residence and the 82.16 educational facility where special instruction and services are 82.17 provided within the district of residence. The district of 82.18 residence may provide necessary transportation for the pupil 82.19 between its boundary and the school attended in the contiguous 82.20 district, but must not pay the cost of transportation provided 82.21 outside the boundary of the district of residence. 82.22 Subd. 10. [SCHOOL OF PARENTS' CHOICE.] Nothing in this 82.23 chapter must be construed as preventing parents of a child with 82.24 a disability from sending the child to a school of their choice, 82.25 if they so elect, subject to admission standards and policies 82.26 adopted according to chapter 128A, and all other provisions of 82.27 chapters 120 to 129. 82.28 Subd. 11. [SUMMER PROGRAMS.] A district may provide summer 82.29 programs for children with a disability living within the 82.30 district and nonresident children temporarily placed in the 82.31 district pursuant to subdivision 12 or 13. Prior to March 31 or 82.32 30 days after the child with a disability is placed in the 82.33 district, whichever is later, the providing district must give 82.34 notice to the district of residence of any nonresident children 82.35 temporarily placed in the district pursuant to subdivision 12 or 82.36 13, of its intention to provide these programs. Notwithstanding 83.1 any contrary provisions in subdivisions 12 and 13, the district 83.2 providing the special instruction and services must apply for 83.3 special education aid for the summer program. The unreimbursed 83.4 actual cost of providing the program for nonresident children 83.5 with a disability, including the cost of board and lodging, may 83.6 be billed to the district of the child's residence and must be 83.7 paid by the resident district. Transportation costs must be 83.8 paid by the district responsible for providing transportation 83.9 pursuant to subdivision 12 or 13 and transportation aid must be 83.10 paid to that district. 83.11 Subd. 12. [PLACEMENT IN ANOTHER DISTRICT; RESPONSIBILITY.] 83.12 The responsibility for special instruction and services for a 83.13 child with a disability temporarily placed in another district 83.14 for care and treatment must be determined in the following 83.15 manner: 83.16 (a) The district of residence of a child shall be the 83.17 district in which the child's parent resides, if living, or the 83.18 child's guardian, or the district designated by the commissioner 83.19 if neither parent nor guardian is living within the state. 83.20 (b) When a child is temporarily placed for care and 83.21 treatment in a day program located in another district and the 83.22 child continues to live within the district of residence during 83.23 the care and treatment, the district of residence is responsible 83.24 for providing transportation and an appropriate educational 83.25 program for the child. The district may provide the educational 83.26 program at a school within the district of residence, at the 83.27 child's residence, or in the district in which the day treatment 83.28 center is located by paying tuition to that district. 83.29 (c) When a child is temporarily placed in a residential 83.30 program for care and treatment, the nonresident district in 83.31 which the child is placed is responsible for providing an 83.32 appropriate educational program for the child and necessary 83.33 transportation while the child is attending the educational 83.34 program; and must bill the district of the child's residence for 83.35 the actual cost of providing the program, as outlined in 83.36 subdivision 8. However, the board, lodging, and treatment costs 84.1 incurred in behalf of a child with a disability placed outside 84.2 of the district of residence by the commissioner of human 84.3 services or the commissioner of corrections or their agents, for 84.4 reasons other than providing for the child's special educational 84.5 needs must not become the responsibility of either the district 84.6 providing the instruction or the district of the child's 84.7 residence. 84.8 (d) The district of residence must pay tuition and other 84.9 program costs, not including transportation costs, to the 84.10 district providing the instruction and services. The district 84.11 of residence may claim general education aid for the child as 84.12 provided by law. Transportation costs must be paid by the 84.13 district responsible for providing the transportation and the 84.14 state must pay transportation aid to that district. 84.15 Subd. 13. [PLACEMENT IN STATE INSTITUTION; 84.16 RESPONSIBILITY.] (a) Responsibility for special instruction and 84.17 services for a child with a disability placed in a state 84.18 institution on a temporary basis must be determined in the 84.19 following manner: 84.20 (1) the legal residence of the child is the district in 84.21 which the child's parent resides, if living, or the child's 84.22 guardian; and 84.23 (2) when the educational needs of the child can be met 84.24 through the institutional program, the costs for the instruction 84.25 must be paid by the department to which the institution is 84.26 assigned. 84.27 (b) When it is determined that the child can benefit from 84.28 public school enrollment, provision for the instruction shall be 84.29 made in the following manner: 84.30 (1) determination of eligibility for special instruction 84.31 and services must be made by the commissioner and the 84.32 commissioner of the department responsible for the institution; 84.33 (2) the district where the institution is located is 84.34 responsible for providing transportation and an appropriate 84.35 educational program for the child and must make a tuition charge 84.36 to the child's district of residence for the actual cost of 85.1 providing the program; and 85.2 (3) the district of the child's residence must pay the 85.3 tuition and other program costs excluding transportation costs 85.4 and may claim general education aid for the child. 85.5 Transportation costs must be paid by the district where the 85.6 institution is located and the state must pay transportation aid 85.7 to that district. 85.8 Subd. 14. [ATTENDANCE AT SCHOOL FOR THE DISABLED.] 85.9 Responsibility for special instruction and services for a 85.10 visually disabled or hearing impaired child attending the 85.11 Minnesota state academy for the deaf or the Minnesota state 85.12 academy for the blind must be determined in the following manner: 85.13 (a) The legal residence of the child is the district in 85.14 which the child's parent or guardian resides. 85.15 (b) When it is determined pursuant to section 128A.05, 85.16 subdivision 1 or 2, that the child is entitled to attend either 85.17 school, the state board must provide the appropriate educational 85.18 program for the child. The state board must make a tuition 85.19 charge to the child's district of residence for the cost of 85.20 providing the program. The amount of tuition charged must not 85.21 exceed the basic revenue of the district for that child, for the 85.22 amount of time the child is in the program. For purposes of 85.23 this subdivision, "basic revenue" has the meaning given it in 85.24 section 124A.22, subdivision 2. The district of the child's 85.25 residence must pay the tuition and may claim general education 85.26 aid for the child. Tuition received by the state board, except 85.27 for tuition received under clause (c), must be deposited in the 85.28 state treasury as provided in clause (g). 85.29 (c) In addition to the tuition charge allowed in clause 85.30 (b), the academies may charge the child's district of residence 85.31 for the academy's unreimbursed cost of providing an 85.32 instructional aide assigned to that child, if that aide is 85.33 required by the child's individual education plan. Tuition 85.34 received under this clause must be used by the academies to 85.35 provide the required service. 85.36 (d) When it is determined that the child can benefit from 86.1 public school enrollment but that the child should also remain 86.2 in attendance at the applicable school, the district where the 86.3 institution is located must provide an appropriate educational 86.4 program for the child and must make a tuition charge to the 86.5 state board for the actual cost of providing the program, less 86.6 any amount of aid received pursuant to section 124.32. The 86.7 state board must pay the tuition and other program costs 86.8 including the unreimbursed transportation costs. Aids for 86.9 children with a disability must be paid to the district 86.10 providing the special instruction and services. Special 86.11 transportation must be provided by the district providing the 86.12 educational program and the state must reimburse that district 86.13 within the limits provided by law. 86.14 (e) Notwithstanding the provisions of clauses (b) and (d), 86.15 the state board may agree to make a tuition charge for less than 86.16 the amount specified in clause (b) for pupils attending the 86.17 applicable school who are residents of the district where the 86.18 institution is located and who do not board at the institution, 86.19 if that district agrees to make a tuition charge to the state 86.20 board for less than the amount specified in clause (d) for 86.21 providing appropriate educational programs to pupils attending 86.22 the applicable school. 86.23 (f) Notwithstanding the provisions of clauses (b) and (d), 86.24 the state board may agree to supply staff from the Minnesota 86.25 state academy for the deaf and the Minnesota state academy for 86.26 the blind to participate in the programs provided by the 86.27 district where the institutions are located when the programs 86.28 are provided to students in attendance at the state schools. 86.29 (g) On May 1 of each year, the state board must count the 86.30 actual number of Minnesota resident kindergarten and elementary 86.31 students and the actual number of Minnesota resident secondary 86.32 students enrolled and receiving education services at the 86.33 Minnesota state academy for the deaf and the Minnesota state 86.34 academy for the blind. The state board must deposit in the 86.35 state treasury an amount equal to all tuition received less: 86.36 (1) the total number of students on May 1 less 175, times 87.1 the ratio of the number of kindergarten and elementary students 87.2 to the total number of students on May 1, times the general 87.3 education formula allowance; plus 87.4 (2) the total number of students on May 1 less 175, times 87.5 the ratio of the number of secondary students on May 1 to the 87.6 total number of students on May 1, times 1.3, times the general 87.7 education formula allowance. 87.8 (h) The sum provided by the calculation in clause (g), 87.9 subclauses (1) and (2), must be deposited in the state treasury 87.10 and credited to the general operation account of the academy for 87.11 the deaf and the academy for the blind. 87.12 (i) There is annually appropriated to the department for 87.13 the Faribault academies the tuition amounts received and 87.14 credited to the general operation account of the academies under 87.15 this section. A balance in an appropriation under this 87.16 paragraph does not cancel but is available in successive fiscal 87.17 years. 87.18 Subd. 15. [RESIDENCE OF CHILD UNDER SPECIAL CONDITIONS.] 87.19 The legal residence of a child with a disability placed in a 87.20 foster facility for care and treatment when: 87.21 (1) parental rights have been terminated by court order; 87.22 (2) a parent or guardian is not living within the state; 87.23 (3) no other district residence can be established; or 87.24 (4) a parent or guardian having legal custody of the child 87.25 is an inmate of a Minnesota correctional facility or is a 87.26 resident of a halfway house under the supervision of the 87.27 commissioner of corrections; 87.28 is the district in which the child resides. The board of the 87.29 district of residence must provide the same educational program 87.30 for the child as it provides for all resident children with a 87.31 disability in the district. 87.32 Subd. 16. [SPECIAL INSTRUCTION.] No resident of a district 87.33 who is eligible for special instruction and services pursuant to 87.34 this section may be denied provision of this instruction and 87.35 service on a shared time basis because of attendance at a 87.36 nonpublic school defined in section 123.932, subdivision 3. If 88.1 a resident pupil with a disability attends a nonpublic school 88.2 located within the district of residence, the district must 88.3 provide necessary transportation for that pupil within the 88.4 district between the nonpublic school and the educational 88.5 facility where special instruction and services are provided on 88.6 a shared time basis. If a resident pupil with a disability 88.7 attends a nonpublic school located in another district and if no 88.8 agreement exists pursuant to section 124A.034, subdivision 1 or 88.9 1a, for the provision of special instruction and services on a 88.10 shared time basis to that pupil by the district of attendance 88.11 and where the special instruction and services are provided 88.12 within the district of residence, the district of residence must 88.13 provide necessary transportation for that pupil between the 88.14 boundary of the district of residence and the educational 88.15 facility. The district of residence may provide necessary 88.16 transportation for that pupil between its boundary and the 88.17 nonpublic school attended, but the nonpublic school must pay the 88.18 cost of transportation provided outside the district boundary. 88.19 Subd. 17. [NONRESIDENT EDUCATION; BILLING.] All tuition 88.20 billing for the education of nonresident children pursuant to 88.21 this section must be done on uniform forms prescribed by the 88.22 commissioner. The billing must contain an itemized statement of 88.23 costs that are being charged to the district of residence. One 88.24 copy of each billing must be filed with the commissioner. 88.25 Subd. 18. [TRANSPORTATION AID AGREEMENTS.] Notwithstanding 88.26 the provisions of subdivisions 8, 11, and 12, when a child 88.27 receives special instruction and services in a day program 88.28 outside the resident district, the resident district and the 88.29 nonresident district where the child is placed may enter into an 88.30 agreement providing for the nonresident district to pay the cost 88.31 of any particular transportation categories specified in section 88.32 124.225, subdivision 1, and claim transportation aid for those 88.33 categories. In this case, the nonresident district may not 88.34 obtain any payment from the resident district for the categories 88.35 covered by the agreement. 88.36 Subd. 19. [THIRD PARTY PAYMENT.] Nothing in this section 89.1 relieves an insurer or similar third party from an otherwise 89.2 valid obligation to pay, or changes the validity of an 89.3 obligation to pay, for services rendered to a child with a 89.4 disability and the child's family. 89.5 Subd. 20. [COMMUNITY TRANSITION INTERAGENCY COMMITTEE.] A 89.6 district, group of districts, or special education cooperative, 89.7 in cooperation with the county or counties in which the district 89.8 or cooperative is located, must establish a community transition 89.9 interagency committee for youth with disabilities, beginning at 89.10 grade 9 or age equivalent, and their families. Members of the 89.11 committee must consist of representatives from special 89.12 education, vocational and regular education, community 89.13 education, post-secondary education and training institutions, 89.14 adults with disabilities who have received transition services 89.15 if such persons are available, parents of youth with 89.16 disabilities, local business or industry, rehabilitation 89.17 services, county social services, health agencies, and 89.18 additional public or private adult service providers as 89.19 appropriate. The committee must elect a chair and must meet 89.20 regularly. The committee must: 89.21 (1) identify current services, programs, and funding 89.22 sources provided within the community for secondary and 89.23 post-secondary aged youth with disabilities and their families; 89.24 (2) facilitate the development of multiagency teams to 89.25 address present and future transition needs of individual 89.26 students on their individual education plans; 89.27 (3) develop a community plan to include mission, goals, and 89.28 objectives, and an implementation plan to assure that transition 89.29 needs of individuals with disabilities are met; 89.30 (4) recommend changes or improvements in the community 89.31 system of transition services; 89.32 (5) exchange agency information such as appropriate data, 89.33 effectiveness studies, special projects, exemplary programs, and 89.34 creative funding of programs; and 89.35 (6) following procedures determined by the commissioner, 89.36 prepare a yearly summary assessing the progress of transition 90.1 services in the community including follow-up of individuals 90.2 with disabilities who were provided transition services to 90.3 determine postschool outcomes. The summary must be disseminated 90.4 to all adult services agencies involved in the planning and to 90.5 the commissioner by October 1 of each year. 90.6 Subd. 21. [AGENCY ACCESS TO NONPUBLIC DATA.] The 90.7 commissioner of administration must prepare a form and 90.8 disseminate guidelines for state agencies, political 90.9 subdivisions, and other responsible authorities to use to enable 90.10 a responsible authority to allow another responsible authority 90.11 access to data about a child with a disability that is 90.12 classified as not public. The form and guidelines must be 90.13 consistent with section 13.05, subdivision 9, and federal law, 90.14 and are not subject to the rulemaking requirements under chapter 90.15 14. 90.16 Subd. 22. [PARENT ADVISORY COMMITTEES.] Provisions of 90.17 Minnesota Rules, part 3525.1100, regarding parent advisory 90.18 committees apply to local boards or cooperative boards carrying 90.19 out the provisions of this section. 90.20 Sec. 4. [120A.04] [INTERAGENCY EARLY CHILDHOOD 90.21 INTERVENTION SYSTEM.] 90.22 Subdivision 1. [PURPOSE.] It is the policy of the state to 90.23 develop and implement comprehensive, coordinated, 90.24 multidisciplinary interagency programs of early intervention 90.25 services for children with disabilities and their families. 90.26 Subd. 2. [DEFINITIONS.] For the purposes of this section, 90.27 the following terms have the meanings given them. 90.28 (a) "Coordinate" means to provide ready access to a 90.29 community's services and resources to meet child and family 90.30 needs. 90.31 (b) "Core early intervention services" means services that 90.32 are available at no cost to children and families. These 90.33 services include: 90.34 (1) identification and referral; 90.35 (2) screening; 90.36 (3) evaluation; 91.1 (4) assessment; 91.2 (5) service coordination; 91.3 (6) special education and related services provided under 91.4 section 120.17, subdivision 3a, and United States Code, title 91.5 20, section 1401; and 91.6 (7) protection of parent and child rights by means of 91.7 procedural safeguards. 91.8 (c) "County board" means a county board established under 91.9 chapter 375. 91.10 (d) "Early intervention record" means any personally 91.11 identifiable information about a child or the child's family 91.12 that is generated by the early intervention system, and that 91.13 pertains to evaluation and assessment, development of an 91.14 individualized family service plan, and the delivery of early 91.15 intervention services. 91.16 (e) "Early intervention services" means services provided 91.17 in conformity with an individualized family service plan that 91.18 are designed to meet the special developmental needs of a child 91.19 eligible under Code of Federal Regulations, title 34, part 303, 91.20 and the needs of the child's family related to enhancing the 91.21 child's development and that are selected in collaboration with 91.22 the parent. These services include core early intervention 91.23 services and additional early intervention services listed in 91.24 subdivision 4 and services defined in Code of Federal 91.25 Regulations, title 34, section 303, et seq. 91.26 (f) "Early intervention system" means the total effort in 91.27 the state to meet the needs of eligible children and their 91.28 families, including, but not limited to: 91.29 (1) any public agency in the state that receives funds 91.30 under the Individuals with Disabilities Education Act, United 91.31 States Code, title 20, sections 1471 to 1485 (Part H, Public Law 91.32 Number 102-119); 91.33 (2) other state and local agencies administering programs 91.34 involved in the provision of early intervention services, 91.35 including, but not limited to: 91.36 (i) the Maternal and Child Health program under title V of 92.1 the Social Security Act, United States Code, title 42, sections 92.2 701 to 709; 92.3 (ii) the Individuals with Disabilities Education Act, 92.4 United States Code, title 20, sections 1411 to 1420 (Part B); 92.5 (iii) medical assistance under the Social Security Act, 92.6 United States Code, title 42, section 1396 et seq.; 92.7 (iv) the Developmental Disabilities Assistance and Bill of 92.8 Rights Act, United States Code, title 42, sections 6021 to 6030 92.9 (Part B); and 92.10 (v) the Head Start Act, United States Code, title 42, 92.11 sections 9831 to 9852; and 92.12 (3) services provided by private groups or third-party 92.13 payers in conformity with an individualized family service plan. 92.14 (g) "Eligibility for Part H" means eligibility for early 92.15 childhood special education under section 120.03 and Minnesota 92.16 Rules, part 3525.2335, subpart 1, items A and B. 92.17 (h) "Facilitate payment" means helping families access 92.18 necessary public or private assistance that provides payment for 92.19 services required to meet needs identified in a service plan, 92.20 individual education plan (IEP), individual service plan (ISP), 92.21 or individualized family service plan (IFSP), according to time 92.22 frames required by the plan. This may also include activities 92.23 to collect fees for services provided on a sliding fee basis, 92.24 where permitted by state law. 92.25 (i) "Individualized family service plan" or "IFSP" means a 92.26 written plan for providing services to a child and the child's 92.27 family. 92.28 (j) "Interagency child find systems" means activities 92.29 developed on an interagency basis with the involvement of 92.30 interagency early intervention committees and other relevant 92.31 community groups to actively seek out, identify, and refer 92.32 infants and young children with, or at risk of, disabilities, 92.33 and their families. 92.34 (k) "Local primary agency" means the agency designated 92.35 jointly by the school and county board under subdivision 4. 92.36 (l) "Parent" means the biological parent with parental 93.1 rights, adoptive parent, legal guardian, or surrogate parent. 93.2 (m) "Part H state plan" means the annual state plan 93.3 application approved by the federal government under the 93.4 Individuals with Disabilities Education Act, United States Code, 93.5 title 20, section 1471 et seq. (Part H, Public Law Number 93.6 102-119). 93.7 (n) "Pay for" means using federal, state, local, and 93.8 private dollars available for early intervention services. 93.9 (o) "Respite" means short-term, temporary care provided to 93.10 a child with a disability due to the temporary absence or need 93.11 for relief of the family member or members or primary care giver 93.12 normally providing the care. 93.13 (p) "State lead agency" means the state agency receiving 93.14 federal funds under the Individuals with Disabilities Education 93.15 Act, United States Code, title 20, section 1471 et seq. (Part H, 93.16 Public Law Number 102-119). 93.17 (q) "Surrogate parent" means a person appointed by the 93.18 local education agency to assure that the rights of the child to 93.19 early intervention services are protected. 93.20 Subd. 3. [STATE INTERAGENCY COORDINATING COUNCIL.] An 93.21 interagency coordinating council of at least 17, but not more 93.22 than 25 members is established, in compliance with Public Law 93.23 Number 102-119, section 682. The members must be appointed by 93.24 the governor. Council members must elect the council chair. 93.25 The representative of the commissioner may not serve as the 93.26 chair. The council must be composed of at least five parents, 93.27 including persons of color, of children with disabilities under 93.28 age 12, including at least three parents of a child with a 93.29 disability under age seven, five representatives of public or 93.30 private providers of services for children with disabilities 93.31 under age five, including a special education director, county 93.32 social service director, and a community health services or 93.33 public health nursing administrator, one member of the senate, 93.34 one member of the house of representatives, one representative 93.35 of teacher preparation programs in early childhood-special 93.36 education or other preparation programs in early childhood 94.1 intervention, at least one representative of advocacy 94.2 organizations for children with disabilities under age five, one 94.3 physician who cares for young children with special health care 94.4 needs, one representative each from the commissioners of 94.5 commerce, children, families, and learning, health, human 94.6 services, and economic security, and a representative from 94.7 Indian health services or a tribal council. Section 15.059, 94.8 subdivisions 2 to 5, apply to the council. The council must 94.9 meet at least quarterly. 94.10 The council must address methods of implementing the state 94.11 policy of developing and implementing comprehensive, 94.12 coordinated, multidisciplinary interagency programs of early 94.13 intervention services for children with disabilities and their 94.14 families. 94.15 The duties of the council include recommending policies to 94.16 ensure a comprehensive and coordinated system of all state and 94.17 local agency services for children under age five with 94.18 disabilities and their families. The policies must address how 94.19 to incorporate each agency's services into a unified state and 94.20 local system of multidisciplinary assessment practices, 94.21 individual intervention plans, comprehensive systems to find 94.22 children in need of services, methods to improve public 94.23 awareness, and assistance in determining the role of interagency 94.24 early intervention committees. 94.25 By June 1, the council must recommend to the governor and 94.26 the commissioners of children, families, and learning, health, 94.27 human services, commerce, and economic security policies for a 94.28 comprehensive and coordinated system. 94.29 Notwithstanding any other law to the contrary, the state 94.30 interagency coordinating council expires on June 30, 1997. 94.31 Subd. 4. [RESPONSIBILITIES OF COUNTY BOARDS AND SCHOOL 94.32 BOARDS.] (a) It is the joint responsibility of county boards and 94.33 school boards to coordinate, provide, and pay for appropriate 94.34 services, and to facilitate payment for services from public and 94.35 private sources. Appropriate services for children eligible 94.36 under section 120.03 must be determined in consultation with 95.1 parents, physicians, and other educational, medical, health, and 95.2 human services providers. The services provided must be in 95.3 conformity with an IFSP for each eligible infant and toddler 95.4 from birth through age two and its family, or an individual 95.5 education plan (IEP) or individual service plan (ISP) for each 95.6 eligible child ages three through four. 95.7 (b) Appropriate services include family education and 95.8 counseling, home visits, occupational and physical therapy, 95.9 speech pathology, audiology, psychological services, special 95.10 instruction, nursing, respite, nutrition, assistive technology, 95.11 transportation and related costs, social work, vision services, 95.12 case management including service coordination under subdivision 95.13 8, medical services for diagnostic and evaluation purposes, 95.14 early identification, and screening, assessment, and health 95.15 services necessary to enable children with disabilities to 95.16 benefit from early intervention services. 95.17 (c) School and county boards must coordinate early 95.18 intervention services. In the absence of agreements established 95.19 according to subdivision 14, service responsibilities for 95.20 children birth through age two are as follows: 95.21 (1) school boards must provide, pay for, and facilitate 95.22 payment for special education and related services required 95.23 under section 120.17, subdivision 2; 95.24 (2) county boards must provide, pay for, and facilitate 95.25 payment for noneducational services of social work, psychology, 95.26 transportation and related costs, nursing, respite, and 95.27 nutrition services not required under clause (1). 95.28 (d) School and county boards may develop an interagency 95.29 agreement according to subdivision 13 to establish agency 95.30 responsibility that assures early intervention services are 95.31 coordinated, provided, paid for, and that payment is facilitated 95.32 from public and private sources. 95.33 (e) County and school boards must jointly determine the 95.34 primary agency in this cooperative effort and must notify the 95.35 commissioner of the state lead agency of their decision. 95.36 Subd. 5. [INTERAGENCY EARLY INTERVENTION COMMITTEES.] (a) 96.1 A school district, group of districts, or special education 96.2 cooperative, in cooperation with the health and human service 96.3 agencies located in the county or counties in which the district 96.4 or cooperative is located, must establish an interagency early 96.5 intervention committee for children with disabilities under age 96.6 five and their families. Committees must include 96.7 representatives of local and regional health, education, and 96.8 county human service agencies, county boards, school boards, 96.9 early childhood family education programs, parents of young 96.10 children with disabilities under age 12, current service 96.11 providers, and may also include representatives from other 96.12 private or public agencies. The committee must elect a chair 96.13 from among its members and must meet at least quarterly. 96.14 (b) The committee must develop and implement interagency 96.15 policies and procedures concerning the following ongoing duties: 96.16 (1) develop public awareness systems designed to inform 96.17 potential recipient families of available programs and services; 96.18 (2) implement interagency child find systems designed to 96.19 actively seek out, identify, and refer infants and young 96.20 children with, or at risk of, disabilities and their families; 96.21 (3) establish and evaluate the identification, referral, 96.22 child and family assessment systems, procedural safeguard 96.23 process, and community learning systems to recommend, where 96.24 necessary, alterations and improvements; 96.25 (4) assure the development of individualized family service 96.26 plans for all eligible infants and toddlers with disabilities 96.27 from birth through age two, and their families, and individual 96.28 education plans and individual service plans when necessary to 96.29 appropriately serve children with disabilities, age three and 96.30 older, and their families and recommend assignment of financial 96.31 responsibilities to the appropriate agencies; 96.32 (5) encourage agencies to develop individual family service 96.33 plans for children with disabilities, age three and older; 96.34 (6) implement a process for assuring that services involve 96.35 cooperating agencies at all steps leading to individualized 96.36 programs; 97.1 (7) facilitate the development of a transitional plan if a 97.2 service provider is not recommended to continue to provide 97.3 services; 97.4 (8) identify the current services and funding being 97.5 provided within the community for children with disabilities 97.6 under age five and their families; 97.7 (9) develop a plan for the allocation and expenditure of 97.8 additional state and federal early intervention funds under 97.9 United States Code, title 20, section 1471 et seq. (Part H, 97.10 Public Law Number 102-119) and United States Code, title 20, 97.11 section 631, et seq. (Chapter I, Public Law Number 89-313); and 97.12 (10) develop a policy that is consistent with section 97.13 13.05, subdivision 9, and federal law to enable a member of an 97.14 interagency early intervention committee to allow another member 97.15 access to data classified as not public. 97.16 (c) The local committee must also: 97.17 (1) participate in needs assessments and program planning 97.18 activities conducted by local social service, health and 97.19 education agencies for young children with disabilities and 97.20 their families; 97.21 (2) review and comment on the early intervention section of 97.22 the total special education system for the district, the county 97.23 social service plan, the section or sections of the community 97.24 health services plan that address needs of and service 97.25 activities targeted to children with special health care needs, 97.26 and the section of the maternal and child health special project 97.27 grants that address needs of and service activities targeted to 97.28 children with chronic illness and disabilities; and 97.29 (3) prepare a yearly summary on the progress of the 97.30 community in serving young children with disabilities, and their 97.31 families, including the expenditure of funds, the identification 97.32 of unmet service needs identified on the individual family 97.33 services plan and other individualized plans, and local, state, 97.34 and federal policies impeding the implementation of this section. 97.35 (d) The summary must be organized following a format 97.36 prescribed by the commissioner of the state lead agency and must 98.1 be submitted to each of the local agencies and to the state 98.2 interagency coordinating council by October 1 of each year. 98.3 The departments of children, families, and learning, 98.4 health, and human services must provide assistance to the local 98.5 agencies in developing cooperative plans for providing services. 98.6 Subd. 6. [LOCAL PRIMARY AGENCY.] (a) The local primary 98.7 agency must: 98.8 (1) facilitate the development of annual fund requests that 98.9 identify arrangements with other local and regional agencies 98.10 providing services as part of the state's early childhood 98.11 intervention system and that result in service availability on a 98.12 year-round basis, as necessary; 98.13 (2) administer funds received through the annual fund 98.14 request; 98.15 (3) provide oversight for data collection efforts; 98.16 (4) facilitate completion of interagency early intervention 98.17 committee duties as indicated in subdivision 5; 98.18 (5) request mediation from the state lead agency, if 98.19 necessary; 98.20 (6) request assistance from the state lead agency when 98.21 disputes between agencies cannot be resolved within 20 calendar 98.22 days; and 98.23 (7) receive written requests from parents for matters that 98.24 may be resolved through due process hearings. 98.25 (b) When the local primary agency is not an education 98.26 agency, resources distributed under the early intervention fund 98.27 must be transferred from a local educational agency to a 98.28 noneducation agency using a state provided contract. A local 98.29 primary agency may budget for indirect costs at an amount not to 98.30 exceed five percent of the amount allocated from the early 98.31 intervention fund. 98.32 Subd. 7. [INDIVIDUALIZED FAMILY SERVICE PLAN.] (a) A team 98.33 must participate in IFSP meetings to develop the IFSP. The team 98.34 must include: 98.35 (1) a parent or parents of the child; 98.36 (2) other family members, as requested by the parent, if 99.1 feasible to do so; 99.2 (3) an advocate or person outside of the family, if the 99.3 parent requests that the person participate; 99.4 (4) the service coordinator who has been working with the 99.5 family since the initial referral, or who has been designated by 99.6 the public agency to be responsible for implementation of the 99.7 IFSP; and 99.8 (5) a person or persons involved in conducting evaluations 99.9 and assessments. 99.10 (b) The IFSP must include: 99.11 (1) information about the child's developmental status; 99.12 (2) family information, with the consent of the family; 99.13 (3) major outcomes expected to be achieved by the child and 99.14 the family that include the criteria, procedures, and timelines; 99.15 (4) specific early intervention services necessary to meet 99.16 the unique needs of the child and the family to achieve the 99.17 outcomes; 99.18 (5) payment arrangements, if any; 99.19 (6) medical and other services that the child needs, but 99.20 that are not required under the Individual with Disabilities 99.21 Education Act, United States Code, title 20, section 1471 et 99.22 seq. (Part H, Public Law Number 102-119) including funding 99.23 sources to be used in paying for those services and the steps 99.24 that will be taken to secure those services through public or 99.25 private sources; 99.26 (7) dates and duration of early intervention services; 99.27 (8) name of the service coordinator; 99.28 (9) steps to be taken to support a child's transition from 99.29 early intervention services to other appropriate services; and 99.30 (10) signature of the parent and authorized signatures of 99.31 the agencies responsible for providing, paying for, or 99.32 facilitating payment, or any combination of these, for early 99.33 intervention services. 99.34 Subd. 8. [SERVICE COORDINATION.] (a) The team developing 99.35 the IFSP under subdivision 7 must select a service coordinator 99.36 to carry out service coordination activities on an interagency 100.1 basis. Service coordination must actively promote a family's 100.2 capacity and competency to identify, obtain, coordinate, 100.3 monitor, and evaluate resources and services to meet the 100.4 family's needs. Service coordination activities include: 100.5 (1) coordinating the performance of evaluations and 100.6 assessments; 100.7 (2) facilitating and participating in the development, 100.8 review, and evaluation of individualized family service plans; 100.9 (3) assisting families in identifying available service 100.10 providers; 100.11 (4) coordinating and monitoring the delivery of available 100.12 services; 100.13 (5) informing families of the availability of advocacy 100.14 services; 100.15 (6) coordinating with medical, health, and other service 100.16 providers; 100.17 (7) facilitating the development of a transition plan at 100.18 least six months before the time the child is no longer eligible 100.19 for early intervention services, if appropriate; 100.20 (8) managing the early intervention record and submitting 100.21 additional information to the local primary agency at the time 100.22 of periodic review and annual evaluations; and 100.23 (9) notifying a local primary agency when disputes between 100.24 agencies impact service delivery required by an IFSP. 100.25 (b) A service coordinator must be knowledgeable about 100.26 children and families receiving services under this section, 100.27 requirements of state and federal law, and services available in 100.28 the interagency early childhood intervention system. 100.29 Subd. 9. [EARLY INTERVENTION RESPITE.] The provision of 100.30 respite services for an eligible child and family must be 100.31 determined in the context of the IFSP development based on the 100.32 individual needs of the child and family and with consideration 100.33 given to the following criteria: 100.34 (1) severity of the child's disability and needs; 100.35 (2) potential risk of out-of-home placement for the child 100.36 if respite services are not provided; 101.1 (3) parental lack of access to informal support systems, 101.2 including, but not limited to, extended family, supportive 101.3 friends, and community supports; 101.4 (4) presence of factors known to increase family stress, 101.5 including, but not limited to, family size and presence of 101.6 another child or family member with a disability; 101.7 (5) the availability of other public services provided to 101.8 the family that assist the parent or primary caretaker in 101.9 obtaining relief from caretaking responsibilities; and 101.10 (6) the perceived and expressed level of need for respite 101.11 services by the parent. 101.12 Counties are encouraged to make a variety of respite 101.13 service models available, which may include in or out-of-home 101.14 respite, family reimbursement programs, and parent-to-parent 101.15 respite projects. 101.16 Subd. 10. [EARLY INTERVENTION FLOW-THROUGH DOLLARS.] (a) 101.17 The state lead agency must administer the early intervention 101.18 account that consists of federal allocations. The Part H state 101.19 plan must state the amount of federal resources in the early 101.20 intervention account available for use by local agencies. The 101.21 state lead agency must distribute the funds to the local primary 101.22 agency based on a December 1 count of the prior year of Part H 101.23 eligible children for the following purposes: 101.24 (1) as provided in Code of Federal Regulations, title 34, 101.25 part 303.425, to arrange for payment for early intervention 101.26 services not elsewhere available, or to pay for services during 101.27 the pendency of a conflict procedure, including mediation, 101.28 complaints, due process hearings, and interagency disputes; and 101.29 (2) to support interagency child find system activities. 101.30 (b) The priority purpose for this fund is paragraph (a), 101.31 clause (1). The local primary agency must reallocate resources 101.32 from the early intervention fund as necessary in order to meet 101.33 this priority. 101.34 (c) Nothing in this subdivision limits the state lead 101.35 agency's authority to allocate discretionary federal funds for 101.36 any purpose consistent with the Individuals with Disabilities 102.1 Education Act, United States Code, title 20, sections 1471 to 102.2 1485 (Part H, Public Law Number 102-119) and regulations adopted 102.3 under United States Code, title 20, sections 1471 to 1485. 102.4 (d) Each county board must continue to spend for early 102.5 intervention services under subdivision 2, paragraph (e), an 102.6 amount equal to the total county expenditure during the period 102.7 from January 1, 1993, to December 31, 1993, for these same 102.8 services. The commissioner of human services, in consultation 102.9 with the commissioner of health and the association of Minnesota 102.10 counties, must establish a process for determining base year 102.11 1993 expenditures. 102.12 (e) County boards that have submitted base year 1993 102.13 expenditures as required under paragraph (d) are not required to 102.14 pay any increased cost over the base year 1993 for early 102.15 intervention services resulting from implementing the early 102.16 intervention system. Increased costs to county boards may be 102.17 paid for with early intervention flow-through dollars. 102.18 (f) School boards are not required to pay for services 102.19 defined in subdivision 4, paragraph (c), clause (2). 102.20 Subd. 11. [PAYMENT FOR SERVICES.] Core early intervention 102.21 services must be provided at public expense with no cost to 102.22 parents. Parents must be requested to assist in the cost of 102.23 additional early intervention services by using third-party 102.24 payment sources and applying for available resources. Payment 102.25 structures permitted under state law must be used to pay for 102.26 additional early intervention services. Parental financial 102.27 responsibility must be clearly defined in the IFSP. A parent's 102.28 inability to pay must not prohibit a child from receiving needed 102.29 early intervention services. 102.30 Subd. 12. [PAYOR OF LAST RESORT.] (a) For fiscal years 102.31 1995 and 1996, the state lead agency must establish a reserve 102.32 account from federal sources to pay for services in dispute or 102.33 to pay for early intervention services when local agencies have 102.34 exhausted all other public and private funds available for Part 102.35 H eligible children. 102.36 (b) The lead agency must report to the legislature by 103.1 January 1, 1996, regarding county board expenditures for early 103.2 intervention services and the continuing need and funding of the 103.3 reserve account. 103.4 Subd. 13. [MAINTENANCE OF EFFORT.] A county human services 103.5 agency or county board must continue to provide services set 103.6 forth in their county social service agency plan. The county 103.7 human services agency or county board must serve children with 103.8 disabilities under age five and their families, or as specified 103.9 in the IFSP for children with disabilities, birth through age 103.10 two, or the individual service plan of each child. Special 103.11 instruction and related services for which a child with a 103.12 disability is eligible under this section are the responsibility 103.13 of the local school board. It is the joint responsibility of 103.14 county boards and school boards to coordinate, provide, and pay 103.15 for all appropriate services required in subdivision 11b and to 103.16 facilitate payment for services from public and private sources. 103.17 Subd. 14. [LOCAL INTERAGENCY AGREEMENTS.] School boards 103.18 and the county board may enter into agreements to cooperatively 103.19 serve and provide funding for children with disabilities, under 103.20 age five, and their families within a specified geographic area. 103.21 The local interagency agreement must address, at a minimum, 103.22 the following issues: 103.23 (1) responsibilities of local agencies on local interagency 103.24 early intervention committees (IEIC's), consistent with 103.25 subdivision 12; 103.26 (2) assignment of financial responsibility for early 103.27 intervention services; 103.28 (3) methods to resolve intraagency and interagency 103.29 disputes; 103.30 (4) identification of current resources and recommendations 103.31 about the allocation of additional state and federal early 103.32 intervention funds under the auspices of United States Code, 103.33 title 20, section 1471 et seq. (Part H, Public Law Number 103.34 102-119) and United States Code, title 20, section 631, et seq. 103.35 (Chapter I, Public Law Number 89-313); 103.36 (5) data collection; and 104.1 (6) other components of the local early intervention system 104.2 consistent with Public Law Number 102-119. 104.3 Subd. 15. [THIRD-PARTY PAYMENT.] Nothing in this section 104.4 relieves an insurer or similar third party from an otherwise 104.5 valid obligation to pay, or changes the validity of an 104.6 obligation to pay, for services rendered to a child with a 104.7 disability, and the child's family. 104.8 Subd. 16. [BENEFITS COORDINATION.] The department of 104.9 health must provide technical assistance in a timely manner to 104.10 service coordinators, parents of children with disabilities, and 104.11 agencies in situations requiring the coordination of health 104.12 insurance benefits, or the identification of third-party payor 104.13 responsibilities to provide necessary health benefits. 104.14 Subd. 17. [PROCEDURAL SAFEGUARDS; PARENT AND CHILD 104.15 RIGHTS.] (a) This subdivision applies to local school and county 104.16 boards for children from birth through age two who are eligible 104.17 for Part H, Public Law Number 102-119, and their families. This 104.18 subdivision must be consistent with the Individuals with 104.19 Disabilities Education Act, United States Code, title 20, 104.20 sections 1471 to 1485 (Part H, Public Law Number 102-119), 104.21 regulations adopted under United States Code, title 20, sections 104.22 1471 to 1485, and this section. 104.23 (b) A parent has the right to: 104.24 (1) inspect and review early intervention records; 104.25 (2) prior written notice of a proposed action in the 104.26 parents' native language unless it is clearly not feasible to do 104.27 so; 104.28 (3) give consent to any proposed action; 104.29 (4) selectively accept or decline any early intervention 104.30 service; and 104.31 (5) resolve issues regarding the identification, 104.32 evaluation, or placement of the child, or the provision of 104.33 appropriate early intervention services to the child and the 104.34 child's family through an impartial due process hearing pursuant 104.35 to subdivision 21. 104.36 (c) The eligible child has the right to have a surrogate 105.1 parent appointed by a school district as required by section 105.2 120.17, subdivision 3. 105.3 Subd. 18. [MEDIATION PROCEDURE.] The commissioner of the 105.4 state lead agency must use federal funds to provide mediation 105.5 for the activities in paragraphs (a) and (b). 105.6 (a) A parent may resolve a dispute regarding issues in 105.7 subdivision 17, paragraph (b), clause (5), through mediation. 105.8 If the parent chooses mediation, all public agencies involved in 105.9 the dispute must participate in the mediation process. The 105.10 parent and the public agencies must complete the mediation 105.11 process within 20 calendar days of the date the commissioner 105.12 receives a parent's written request for mediation. The 105.13 mediation process may not be used to delay a parent's right to a 105.14 due process hearing. The resolution of the mediation is not 105.15 binding on any party. 105.16 (b) The local primary agency may request mediation on 105.17 behalf of involved agencies when there are disputes between 105.18 agencies regarding responsibilities to coordinate, provide, pay 105.19 for, or facilitate payment for early intervention services. 105.20 Subd. 19. [COMPLAINT PROCEDURE.] (a) An individual or 105.21 organization may file a written signed complaint with the 105.22 commissioner of the state lead agency alleging that one or more 105.23 requirements of the Code of Federal Regulations, title 34, part 105.24 303, is not being met. The complaint must include: 105.25 (1) a statement that the state has violated the Individuals 105.26 with Disabilities Education Act, United States Code, title 20, 105.27 section 1471 et seq. (Part H, Public Law Number 102-119) or Code 105.28 of Federal Regulations, title 34, section 303; and 105.29 (2) the facts on which the complaint is based. 105.30 (b) The commissioner of the state lead agency must receive 105.31 and coordinate with other state agencies the review and 105.32 resolution of a complaint within 60 calendar days according to 105.33 the state interagency agreement required under subdivision 23. 105.34 Subd. 20. [INTERAGENCY DISPUTE PROCEDURE.] (a) A dispute 105.35 between a school board and a county board that is responsible 105.36 for implementing the provisions of subdivision 4 regarding early 106.1 identification, child and family assessment, service 106.2 coordination, and IFSP development and implementation must be 106.3 resolved according to this subdivision when the dispute involves 106.4 services provided to children and families eligible under the 106.5 Individuals with Disabilities Education Act, United States Code, 106.6 title 20, section 1471 et seq. (Part H, Public Law Number 106.7 102-119). 106.8 (b) A dispute occurs when the school board and county board 106.9 are unable to agree as to who is responsible to coordinate, 106.10 provide, pay for, or facilitate payment for services from public 106.11 and private sources. 106.12 (c) Written and signed disputes must be filed with the 106.13 local primary agency. 106.14 (d) The local primary agency must attempt to resolve the 106.15 matter with the involved school board and county board and may 106.16 request mediation from the commissioner of the state lead agency 106.17 for this purpose. 106.18 (e) When interagency disputes have not been resolved within 106.19 30 calendar days, the local primary agency must request the 106.20 commissioner of the state lead agency to review the matter with 106.21 the commissioners of health and human services and make a 106.22 decision. The commissioner must provide a consistent process 106.23 for reviewing those procedures. The commissioners' decision is 106.24 binding subject to the right of an aggrieved party to appeal to 106.25 the state court of appeals. 106.26 (f) The local primary agency must ensure that eligible 106.27 children and their families receive early intervention services 106.28 during resolution of a dispute. While a local dispute is 106.29 pending, the local primary agency must either assign financial 106.30 responsibility to an agency or pay for the service from the 106.31 early intervention account under subdivision 10. If in 106.32 resolving the dispute, it is determined that the assignment of 106.33 financial responsibility was inappropriate, the responsibility 106.34 for payment must be reassigned to the appropriate agency and the 106.35 responsible agency must make arrangements for reimbursing any 106.36 expenditures incurred by the agency originally assigned 107.1 financial responsibility. 107.2 Subd. 21. [DUE PROCESS HEARINGS.] The procedures for due 107.3 process hearings and appeals must be the same as those in 107.4 section 120.17, subdivision 3b. The responsibility for payment 107.5 of costs and conducting due process hearings and appeals shall 107.6 be allocated to the appropriate agency in accordance with 107.7 subdivisions 5, 14, and 17. 107.8 Subd. 22. [DATA COLLECTION.] By July 1, 1994, the 107.9 departments of children, families, and learning, health, and 107.10 human services must develop a plan to collect data about which 107.11 early intervention services are being provided to children and 107.12 families eligible under the Individuals with Disabilities 107.13 Education Act, United States Code, title 20, section 1471 et 107.14 seq. (Part H, Public Law Number 102-119) and sources of payment 107.15 for those services. 107.16 Subd. 23. [STATE INTERAGENCY AGREEMENT.] (a) The 107.17 commissioners of the departments of children, families, and 107.18 learning, health, and human services must enter into an 107.19 agreement to implement this section and Part H, Public Law 107.20 Number 102-119, and as required by Code of Federal Regulations, 107.21 title 34, section 303.523, to promote the development and 107.22 implementation of interagency, coordinated, multidisciplinary 107.23 state and local early childhood intervention service systems for 107.24 serving eligible young children with disabilities, birth through 107.25 age two, and their families. The agreement must be reviewed 107.26 annually. 107.27 (b) The state interagency agreement must outline at a 107.28 minimum the conditions, procedures, purposes, and 107.29 responsibilities of the participating state and local agencies 107.30 for the following: 107.31 (1) membership, roles, and responsibilities of a state 107.32 interagency committee for the oversight of priorities and budget 107.33 allocations under Part H, Public Law Number 102-119, and other 107.34 state allocations for this program; 107.35 (2) child find; 107.36 (3) establishment of local interagency agreements; 108.1 (4) review by a state interagency committee of the 108.2 allocation of additional state and federal early intervention 108.3 funds by local agencies; 108.4 (5) fiscal responsibilities of the state and local 108.5 agencies; 108.6 (6) intraagency and interagency dispute resolution; 108.7 (7) payor of last resort; 108.8 (8) maintenance of effort; 108.9 (9) procedural safeguards, including mediation; 108.10 (10) complaint resolution; 108.11 (11) quality assurance; 108.12 (12) data collection; 108.13 (13) an annual summary to the state interagency 108.14 coordinating council regarding conflict resolution activities 108.15 including disputes, due process hearings, and complaints; and 108.16 (14) other components of the state and local early 108.17 intervention system consistent with Public Law Number 102-119. 108.18 Written materials must be developed for parents, IEIC's, and 108.19 local service providers that describe procedures developed under 108.20 this section as required by Code of Federal Regulations, title 108.21 34, section 303. 108.22 Sec. 5. [120A.05] [LEGISLATIVE COMMITMENT TO 108.23 CONCILIATION.] 108.24 Subdivision 1. [POLICY STATEMENT.] The legislature finds 108.25 that conciliation conferences pursuant to section 120.17 serve 108.26 better than formal hearings to promote communications between 108.27 parents and school staff and to reach prompt, shared decisions 108.28 about educational programs for children with a disability. 108.29 Further, the legislature urges the United States Department of 108.30 Education and the United States Office of Civil Rights to 108.31 acknowledge that the conciliation conference process violates no 108.32 federal statute or regulation. 108.33 Subd. 2. [STATE PLAN.] The state board shall not adopt any 108.34 provision in the state plan for special education that reduces 108.35 the opportunities for parents and school districts to resolve 108.36 their differences through conciliation. 109.1 Sec. 6. [120A.06] [ALTERNATIVE DELIVERY OF SPECIALIZED 109.2 INSTRUCTIONAL SERVICES.] 109.3 Subdivision 1. [COMMISSIONER APPROVAL.] The commissioner 109.4 may approve applications from districts to provide prevention 109.5 services as an alternative to special education and other 109.6 compensatory programs during three school years. A district 109.7 with an approved program may provide instruction and services in 109.8 a regular education classroom to eligible pupils. Pupils 109.9 eligible to participate in the program are low-performing pupils 109.10 who, based on documented experience, the professional judgment 109.11 of a classroom teacher, or a team of licensed professionals, 109.12 would eventually qualify for special education instruction or 109.13 related services under section 120.17 if the intervention 109.14 services authorized by this section were unavailable. Pupils 109.15 may be provided services during extended school days and 109.16 throughout the entire year. 109.17 Subd. 2. [APPLICATION CONTENTS.] The application must set 109.18 forth: 109.19 (1) instructional services available to eligible pupils 109.20 under section 124.311, subdivision 3, and pupils with a 109.21 disability under section 120.03; 109.22 (2) criteria to select pupils for the program and the 109.23 assessment procedures to determine eligibility; 109.24 (3) involvement in the program of parents of pupils in the 109.25 program, parent advocates, and community special education 109.26 advocates; 109.27 (4) accounting procedures to document that federal special 109.28 education money is used to supplement or increase the level of 109.29 special education instruction and related services provided with 109.30 state and local revenue, but in no case to supplant the state 109.31 and local revenue, and that districts are expending at least the 109.32 amount for special education instruction and related services 109.33 required by federal law; 109.34 (5) the role of regular and special education teachers in 109.35 planning and implementing the program; and 109.36 (6) other information requested by the commissioner. 110.1 Subd. 3. [EVALUATION.] The application must also set forth 110.2 the review and evaluation procedures to be used by the district 110.3 addressing at least the following: 110.4 (1) the number of pupils with and without a disability 110.5 served; 110.6 (2) the impact of the program on the academic progress and 110.7 social adjustment of the pupils; 110.8 (3) the level of satisfaction teachers, parents, and pupils 110.9 have with the program; 110.10 (4) the effect of the program on the number of referrals 110.11 for special education, federal chapter 1, and other programs; 110.12 (5) the amount of time spent by teachers on procedural 110.13 activities; 110.14 (6) the increased amount of time the pupil is in a regular 110.15 education classroom; and 110.16 (7) cost implications. 110.17 Subd. 4. [REVIEW FOR EXCESS EXPENDITURES.] The 110.18 commissioner must review each application to determine whether 110.19 the personnel, equipment, supplies, residential aid, and summer 110.20 school are necessary to meet the district's obligation to 110.21 provide special instruction and services to children with a 110.22 disability according to section 120.17. The commissioner may 110.23 not approve revenue for any expenditures determined to be 110.24 unnecessary. 110.25 Subd. 5. [ANNUAL REPORT.] Each year the district must 110.26 submit to the commissioner a report containing the information 110.27 described in subdivision 3 and section 124.311, subdivision 7. 110.28 Subd. 6. [PUPIL RIGHTS.] A pupil participating in the 110.29 program must be individually evaluated according to the pupil's 110.30 actual abilities and needs. A pupil who is eligible for 110.31 services under section 120.17 is entitled to procedural 110.32 protections provided under Public Law Number 94-142 in any 110.33 matter that affects the identification, evaluation, placement, 110.34 or change in placement of a pupil. The district must ensure the 110.35 protection of a pupil's civil rights, provide equal educational 110.36 opportunities, and prohibit discrimination. Failure to comply 111.1 with this subdivision will at least cause a district to become 111.2 ineligible to participate in the program. Notwithstanding rules 111.3 of the state board, a pupil's rights under this section cannot 111.4 be waived by the state board. 111.5 Sec. 7. [120A.07] [PLACEMENT OF CHILDREN WITHOUT 111.6 DISABILITIES; EDUCATION AND TRANSPORTATION.] 111.7 The responsibility for providing instruction and 111.8 transportation for a pupil without a disability who has a 111.9 short-term or temporary physical or emotional illness or 111.10 disability, as determined by the standards of the state board, 111.11 and who is temporarily placed for care and treatment for that 111.12 illness or disability, must be determined as provided in this 111.13 section. 111.14 (a) The school district of residence of the pupil is the 111.15 district in which the pupil's parent or guardian resides or the 111.16 district designated by the commissioner if neither parent nor 111.17 guardian is living within the state. 111.18 (b) Before the placement of a pupil for care and treatment, 111.19 the district of residence must be notified and provided an 111.20 opportunity to participate in the placement decision. When an 111.21 immediate emergency placement is necessary and time does not 111.22 permit resident district participation in the placement 111.23 decision, the district in which the pupil is temporarily placed, 111.24 if different from the district of residence, must notify the 111.25 district of residence of the emergency placement within 15 days 111.26 of the placement. 111.27 (c) When a pupil without a disability is temporarily placed 111.28 for care and treatment in a day program and the pupil continues 111.29 to live within the district of residence during the care and 111.30 treatment, the district of residence must provide instruction 111.31 and necessary transportation for the pupil. The district may 111.32 provide the instruction at a school within the district of 111.33 residence, at the pupil's residence, or in the case of a 111.34 placement outside of the resident district, in the district in 111.35 which the day treatment program is located by paying tuition to 111.36 that district. The district of placement may contract with a 112.1 facility to provide instruction by teachers licensed by the 112.2 state board of teaching. 112.3 (d) When a pupil without a disability is temporarily placed 112.4 in a residential program for care and treatment, the district in 112.5 which the pupil is placed must provide instruction for the pupil 112.6 and necessary transportation while the pupil is receiving 112.7 instruction, and in the case of a placement outside of the 112.8 district of residence, the nonresident district must bill the 112.9 district of residence for the actual cost of providing the 112.10 instruction for the regular school year and for summer school, 112.11 excluding transportation costs. When a pupil without a 112.12 disability is temporarily placed in a residential program 112.13 outside the district of residence, the administrator of the 112.14 court placing the pupil must send timely written notice of the 112.15 placement to the district of residence. The district of 112.16 placement may contract with a residential facility to provide 112.17 instruction by teachers licensed by the state board of teaching. 112.18 (e) The district of residence must include the pupil in its 112.19 residence count of pupil units and pay tuition as provided in 112.20 section 124.18 to the district providing the instruction. 112.21 Transportation costs must be paid by the district providing the 112.22 transportation and the state must pay transportation aid to that 112.23 district. For purposes of computing state transportation aid, 112.24 pupils governed by this subdivision must be included in the 112.25 disabled transportation category. 112.26 Sec. 8. [120A.08] [RESIDENTIAL TREATMENT FACILITIES; 112.27 EDUCATION.] 112.28 Subdivision 1. [EDUCATIONAL SCREENING.] Secure and 112.29 nonsecure residential treatment facilities licensed by the 112.30 department of human services or the department of corrections 112.31 must screen each juvenile who is held in a facility for at least 112.32 72 hours, excluding weekends or holidays, using an educational 112.33 screening tool identified by the department, unless the facility 112.34 determines that the juvenile has a current individual education 112.35 plan and obtains a copy of it. The department must develop or 112.36 identify an education screening tool for use in residential 113.1 facilities. The tool must include a life skills development 113.2 component. 113.3 Subd. 2. [RULEMAKING.] The state board may, in 113.4 consultation with the commissioners of corrections and human 113.5 services, make or amend rules relating to education programs in 113.6 residential treatment facilities, if necessary, to implement 113.7 this section. 113.8 Sec. 9. [120A.09] [SPECIAL EDUCATION DIRECTOR.] 113.9 The authority for the selection and employment of the 113.10 director of a special education cooperative established pursuant 113.11 to section 120.17 or 471.59 is vested in the governing board of 113.12 the cooperative. Notwithstanding the provisions of section 113.13 125.12, subdivision 6a or 6b, no individual shall have a right 113.14 to employment as a director based on seniority or order of 113.15 employment by the cooperative. 113.16 Sec. 10. [120A.10] [INTERAGENCY OFFICE IN TRANSITION 113.17 SERVICES.] 113.18 The commissioner must establish an interagency office on 113.19 transition services to: 113.20 (1) gather and coordinate data on transition services for 113.21 secondary age pupils with a disability; 113.22 (2) provide information, consultation, and technical 113.23 assistance to state and local agencies involved in the delivery 113.24 of services to pupils with a disability in transition from 113.25 secondary school programs to employment and post-secondary 113.26 training programs; 113.27 (3) assist agencies in establishing local interagency 113.28 agreements to assure the necessary services for efficient and 113.29 appropriate transition from school to work or post-secondary 113.30 training programs; and 113.31 (4) assist regions and local areas in planning interagency 113.32 in-service training to develop and improve transition services. 113.33 Sec. 11. [120A.11] [ACCOMMODATING STUDENTS WITH 113.34 DISABILITIES.] 113.35 A school or district must provide a student who is an 113.36 "individual with a disability" under Section 504 of the 114.1 Rehabilitation Act of 1973, United States Code, title 29, 114.2 section 794, or under the Americans with Disabilities Act, 114.3 Public Law Number 101-336, with reasonable accommodations or 114.4 modifications in programs. 114.5 Sec. 12. [120A.12] [DEFINITION.] 114.6 Subdivision 1. [APPLICABILITY.] For the purposes of 114.7 sections 120.187 to 120.190, the following terms have the 114.8 meanings given them. 114.9 Subd. 2. [ASSISTIVE TECHNOLOGY DEVICE.] "Assistive 114.10 technology device" means any item, piece of equipment, software, 114.11 or product system, whether acquired commercially off the shelf, 114.12 modified, or customized, that is used to increase, maintain, or 114.13 improve functional capabilities of children with disabilities. 114.14 Sec. 13. [120A.13] [PURCHASING GUIDELINES.] 114.15 Subdivision 1. [RIGHTS OF DISTRICTS TO PURCHASE 114.16 SCHOOL-OWNED ASSISTIVE TECHNOLOGY.] (a) When a child with a 114.17 disability exits a district and enters a new district, the 114.18 child's new district may purchase any assistive technology 114.19 devices that the child's former district has purchased on the 114.20 child's behalf. The child's new district must notify, in 114.21 writing, the child's former district of the intent to purchase 114.22 the device. The child's new district must complete a purchase 114.23 agreement according to section 120.1701, subdivision 10. The 114.24 child's former district must respond, in writing, to the request 114.25 to purchase within 30 days. 114.26 (b) Districts may decline to sell a device if they can 114.27 demonstrate the technology is a general use device or can be 114.28 modified for use by other students. 114.29 Subd. 2. [LIABILITY FOR USED EQUIPMENT.] The child's 114.30 former district is not liable for any nonconformities in the 114.31 equipment after it is purchased by the child's new district, or 114.32 for injuries arising out of the use of the assistive technology 114.33 device. This section does not foreclose the child's right to 114.34 bring suit against the manufacturer, assistive device lessor, or 114.35 assistive device dealer for nonconformities in or injuries 114.36 arising out of the use of the assistive technology device. 115.1 Subd. 3. [THIRD-PARTY PAYORS.] Nothing contained in this 115.2 section may be construed as decreasing the obligation of an 115.3 insurance company or other third-party payor to provide coverage 115.4 for assistive technology. 115.5 Sec. 14. [120A.14] [INTERAGENCY AGREEMENT TO PURCHASE USED 115.6 ASSISTIVE TECHNOLOGY DEVICES.] 115.7 Subdivision 1. [OPTION TO PURCHASE BY DEPARTMENT OF 115.8 ECONOMIC SECURITY.] (a) When a child with a disability 115.9 transitions into a work environment or enrolls in a 115.10 post-secondary course or program, the department of economic 115.11 security may purchase any assistive technology device that the 115.12 child's former district purchased on the child's behalf. 115.13 (b) The department of economic security may purchase an 115.14 assistive technology device initially purchased by a district 115.15 for a child who is currently a recipient of rehabilitation 115.16 services and who needs the identical assistive technology device 115.17 as stated on the recipient's individual written rehabilitation 115.18 plan. The purchase may be made not more than three months 115.19 before the child exits the district. 115.20 Subd. 2. [LIABILITY FOR USED EQUIPMENT.] The department of 115.21 economic security and the department of children, families, and 115.22 learning are not liable for any nonconformities in the equipment 115.23 after it is purchased by the department of economic security, or 115.24 for injuries arising out of the use of the assistive technology 115.25 device. This section does not foreclose the child's right to 115.26 bring suit against the manufacturer, assistive device lessor, or 115.27 assistive device dealer for nonconformities in or injuries 115.28 arising out of the use of the assistive technology device. 115.29 Subd. 3. [THIRD-PARTY PAYOR.] Nothing contained in this 115.30 section may be construed as decreasing the obligation of an 115.31 insurance company or other third-party payor to provide coverage 115.32 for assistive technology. 115.33 Sec. 15. [120A.15] [PURCHASE AGREEMENT; PRICE FORMULA.] 115.34 The commissioner must develop guidelines for the sale of 115.35 used assistive technology including a purchase agreement, a 115.36 formula for establishing the sale price, and other terms and 116.1 conditions of the sale. 116.2 Sec. 16. [120A.16] [HEARING IMPAIRED EDUCATIONAL SUPPORT 116.3 SERVICES.] 116.4 Subdivision 1. [RESPONSIBILITY OF COMMISSIONER.] The 116.5 commissioner shall coordinate and may pay for support services 116.6 for hearing impaired persons to assure access to educational 116.7 opportunities. Services may be provided to adult students who 116.8 are hearing impaired and (a) have been denied access to 116.9 educational opportunities because of the lack of support 116.10 services or (b) are presently enrolled or (c) are contemplating 116.11 enrollment in an educational program and would benefit from 116.12 support services. The commissioner shall also be responsible 116.13 for conducting in-service training for public and private 116.14 agencies regarding the needs of hearing impaired persons in the 116.15 adult education system. 116.16 Subd. 2. [SUPPORT SERVICES.] The state board may pay 116.17 school districts or public or private community agencies for the 116.18 following support services: 116.19 (a) Interpreter services to provide translation for an 116.20 individual or a group of students; or 116.21 (b) Notetaker services to convert spoken language to 116.22 written language when the student must maintain visual contact 116.23 with other persons such as an interpreter or instructor. 116.24 Subd. 3. [PROGRAMS INCLUDED.] Support services may be 116.25 provided for: 116.26 (a) Local school district adult education programs; 116.27 (b) Adult technical college programs; and 116.28 (c) Avocational education programs sponsored by public or 116.29 private community agencies. 116.30 Sec. 17. [120A.17] [ALTERNATE INSTRUCTION REQUIRED.] 116.31 Before a pupil is referred for a special education 116.32 assessment, the district must conduct and document at least two 116.33 instructional strategies, alternatives, or interventions while 116.34 the pupil is in the regular classroom. The pupil's teacher must 116.35 provide the documentation. A special education assessment team 116.36 may waive this requirement when they determine the pupil's need 117.1 for the assessment is urgent. This section may not be used to 117.2 deny a pupil's right to a special education assessment. 117.3 Sec. 18. [120A.18] [CHILDREN WITH A DISABILITY.] 117.4 Subdivision 1. [TRAVEL AID.] The state must pay each 117.5 district one-half of the sum actually expended by a district for 117.6 necessary travel of essential personnel providing home-based 117.7 services to children with a disability under age five and their 117.8 families. 117.9 Subd. 2. [AID PAYMENT.] The aids provided for children 117.10 with a disability must be paid to the district providing the 117.11 special instruction and services. General education aid must be 117.12 paid to the district of the pupil's residence. The total amount 117.13 of aid paid may not exceed the amount expended for children with 117.14 a disability in the year for which the aid is paid. 117.15 Subd. 3. [FULL STATE PAYMENT.] The state must pay each 117.16 district the actual cost incurred in providing instruction and 117.17 services for a child with a disability whose district of 117.18 residence has been determined by section 120.17, subdivision 8a, 117.19 and who is temporarily placed in a state institution or a 117.20 licensed residential facility for care and treatment. This 117.21 section does not apply to a child placed in a foster home or a 117.22 foster group home. 117.23 Upon following the procedure specified by the commissioner, 117.24 the district may bill the state the actual cost incurred in 117.25 providing the services including transportation costs and a 117.26 proportionate amount of capital expenditures and debt service, 117.27 minus the amount of the basic revenue, as defined in section 117.28 124A.22, subdivision 2, of the district for the child and the 117.29 special education aid, transportation aid, and any other aid 117.30 earned on behalf of the child. The limit set forth in 117.31 subdivision 2 applies to aid paid pursuant to this subdivision. 117.32 To the extent possible, the commissioner shall obtain 117.33 reimbursement from another state for the cost of serving any 117.34 child whose parent or guardian resides in that state. The 117.35 commissioner may contract with the appropriate authorities of 117.36 other states to effect reimbursement. All money received from 118.1 other states must be paid to the state treasury and placed in 118.2 the general fund. 118.3 Subd. 4. [PROGRAM AND AID APPROVAL.] Before June 1 of each 118.4 year, each district providing special instruction and services 118.5 to children with a disability must submit to the commissioner an 118.6 application for approval of these programs and their budgets for 118.7 the next fiscal year. The application must include an 118.8 enumeration of the costs proposed as eligible for state aid 118.9 pursuant to this section and of the estimated number and grade 118.10 level of children with a disability in the district who will 118.11 receive special instruction and services during the regular 118.12 school year and in summer school programs during the next fiscal 118.13 year. The application must also include any other information 118.14 deemed necessary by the commissioner for the calculation of 118.15 state aid and for the evaluation of the necessity of the 118.16 program, the necessity of the personnel to be employed in the 118.17 program, for determining the amount which the program will 118.18 receive from grants from federal funds, or special grants from 118.19 other state sources, and the program's compliance with the rules 118.20 and standards of the state board. The commissioner shall review 118.21 each application to determine whether the program and the 118.22 personnel to be employed in the program are actually necessary 118.23 and essential to meet the district's obligation to provide 118.24 special instruction and services to children with a disability 118.25 pursuant to sections 120.17 and 120.1701. The commissioner 118.26 shall not approve aid pursuant to this section for any program 118.27 or for the salary of any personnel determined to be unnecessary 118.28 or unessential on the basis of this review. The commissioner 118.29 may withhold all or any portion of the aid for programs which 118.30 receive grants from federal funds, or special grants from other 118.31 state sources. By August 31 the commissioner shall approve, 118.32 disapprove or modify each application, and notify each applying 118.33 district of the action and of the estimated amount of aid for 118.34 the programs. The commissioner shall provide procedures for 118.35 districts to submit additional applications for program and 118.36 budget approval during the fiscal year, for programs needed to 119.1 meet any substantial changes in the needs of children with a 119.2 disability in the district. Notwithstanding the provisions of 119.3 section 124.15, the commissioner may modify or withdraw the 119.4 program or aid approval and withhold aid pursuant to this 119.5 section without proceeding according to section 124.15 at any 119.6 time the commissioner determines that the program does not 119.7 comply with rules of the state board or that any facts 119.8 concerning the program or its budget differ from the facts in 119.9 the district's approved application. 119.10 Subd. 5. [REGULAR CLASSROOM PROGRAMS.] When planning 119.11 programs for the education of children with a disability in the 119.12 regular classroom, school districts are encouraged to consider 119.13 the size of the regular class and to provide the support 119.14 services necessary to ensure successful mainstreaming. 119.15 Subd. 6. [SUMMER SCHOOL.] By March 15 of each year, 119.16 districts must submit separate applications for program and 119.17 budget approval for summer school programs. The review of these 119.18 applications must be reviewed as provided in subdivision 4. By 119.19 May 1 of each year, the commissioner shall approve, disapprove 119.20 or modify the applications and notify the districts of the 119.21 action and of the estimated amount of aid for the summer school 119.22 programs. 119.23 Subd. 7. [ALLOCATION FROM COOPERATIVE CENTERS, SERVICE 119.24 COOPERATIVES, EDUCATION DISTRICTS, AND INTERMEDIATE DISTRICTS.] 119.25 For purposes of this section, a special education cooperative, 119.26 service cooperative, education district, or an intermediate 119.27 district must allocate its approved expenditures for special 119.28 education programs among participating districts. Special 119.29 education aid for services provided by a cooperative, service 119.30 cooperative, education district, or intermediate district must 119.31 be paid to the participating school districts. 119.32 Sec. 19. [120A.19] [SPECIAL EDUCATION REVENUE.] 119.33 Subdivision 1. [DEFINITIONS.] For the purposes of this 119.34 section and sections 124.3202 and 124.321, the definitions in 119.35 this subdivision apply. 119.36 (a) "Base year" for fiscal year 1996 and fiscal year 1997 120.1 means the 1994 summer program and the 1994-1995 school year. 120.2 Base year for later fiscal years means the second fiscal year 120.3 preceding the fiscal year for which aid will be paid. 120.4 (b) "Basic revenue" has the meaning given it in section 120.5 124A.22, subdivision 2. For the purposes of computing basic 120.6 revenue pursuant to this section, each child with a disability 120.7 shall be counted as prescribed in section 124.17, subdivision 1. 120.8 (c) "Essential personnel" means teachers, related services, 120.9 and support services staff providing direct services to students. 120.10 (d) "Average daily membership" has the meaning given it in 120.11 section 124.17. 120.12 (e) "Program growth factor" means 1.00 for fiscal year 1998 120.13 and later. 120.14 (f) "Aid percentage factor" means 60 percent for fiscal 120.15 year 1996, 70 percent for fiscal year 1997, 80 percent for 120.16 fiscal year 1998, 90 percent for fiscal year 1999, and 100 120.17 percent for fiscal years 2000 and later. 120.18 (g) "Levy percentage factor" means 100 minus the aid 120.19 percentage factor for that year. 120.20 Subd. 2. [SPECIAL EDUCATION BASE REVENUE.] The special 120.21 education base revenue equals the sum of the following amounts 120.22 computed using base year data: 120.23 (1) 68 percent of the salary of each essential person 120.24 employed in the district's program for children with a 120.25 disability during the regular school year, whether the person is 120.26 employed by one or more districts; 120.27 (2) for the Minnesota state academy for the deaf or the 120.28 Minnesota state academy for the blind, 68 percent of the salary 120.29 of each instructional aide assigned to a child attending the 120.30 academy, if that aide is required by the child's individual 120.31 education plan; 120.32 (3) for special instruction and services provided to any 120.33 pupil by contracting with public, private, or voluntary agencies 120.34 other than school districts, in place of special instruction and 120.35 services provided by the district, 52 percent of the difference 120.36 between the amount of the contract and the basic revenue of the 121.1 district for that pupil for the fraction of the school day the 121.2 pupil receives services under the contract; 121.3 (4) for special instruction and services provided to any 121.4 pupil by contracting for services with public, private, or 121.5 voluntary agencies other than school districts, that are 121.6 supplementary to a full educational program provided by the 121.7 school district, 52 percent of the amount of the contract for 121.8 that pupil; 121.9 (5) for supplies and equipment purchased or rented for use 121.10 in the instruction of children with a disability an amount equal 121.11 to 47 percent of the sum actually expended by the district but 121.12 not to exceed an average of $47 in any one school year for each 121.13 child with a disability receiving instruction; and 121.14 (6) for fiscal years 1997 and later, special education base 121.15 revenue shall include amounts under clauses (1) to (5) for 121.16 special education summer programs provided during the base year 121.17 for that fiscal year. 121.18 Subd. 3. [SPECIAL EDUCATION TUITION REVENUE.] (a) For 121.19 fiscal year 1996 and later, a district's special education 121.20 tuition revenue is equal to 50 percent of the difference between 121.21 tuition costs in the base year and actual tuition costs for 121.22 pupils whose individual education plans require placement in 121.23 another district under section 120.17. 121.24 (b) For purposes of this section, "tuition costs" means 121.25 expenditures for tuition bills as defined in section 124.323, 121.26 subdivision 2, paragraph (a), clause (2). 121.27 Subd. 4. [SPECIAL EDUCATION COURT PLACEMENT REVENUE.] For 121.28 fiscal year 1996 and later, a district's special education court 121.29 placement revenue is equal to 50 percent of the difference 121.30 between expenditures for teachers' salaries, contracted 121.31 services, supplies, and equipment eligible for revenues under 121.32 sections 124.3201 and 124.3202, in the base year and actual 121.33 expenditures for pupils with disabilities who receive services 121.34 pursuant to a court order. 121.35 Subd. 5. [ADJUSTED SPECIAL EDUCATION BASE REVENUE.] For 121.36 fiscal year 1996 and later, a district's adjusted special 122.1 education base revenue equals the district's special education 122.2 base revenue times the ratio of the district's average daily 122.3 membership for the current school year to the district's average 122.4 daily membership for the base year; plus the district's special 122.5 education tuition revenue under subdivision 3 and special 122.6 education court placement revenue under subdivision 4. 122.7 Subd. 6. [STATE TOTAL SPECIAL EDUCATION REVENUE.] The 122.8 state total special education revenue for fiscal year 1996 122.9 equals $327,846,000. The state total special education revenue 122.10 for fiscal year 1997 equals $347,810,000. The state total 122.11 special education revenue for later fiscal years equals: 122.12 (1) the state total special education revenue for the 122.13 preceding fiscal year; times 122.14 (2) the program growth factor; times 122.15 (3) the ratio of the state total average daily membership 122.16 for the current fiscal year to the state total average daily 122.17 membership for the preceding fiscal year. 122.18 Subd. 7. [SCHOOL DISTRICT SPECIAL EDUCATION REVENUE.] (a) 122.19 A school district's special education revenue for fiscal year 122.20 1996 and later equals the state total special education revenue, 122.21 minus the amount determined under paragraph (b), times the ratio 122.22 of the district's adjusted special education base revenue to the 122.23 state total adjusted special education base revenue. If the 122.24 state board of education modifies its rules for special 122.25 education in a manner that increases a district's special 122.26 education obligations or service requirements, the commissioner 122.27 shall annually increase each district's special education 122.28 revenue by the amount necessary to compensate for the increased 122.29 service requirements. The additional revenue equals the cost in 122.30 the current year attributable to rule changes not reflected in 122.31 the computation of special education base revenue, multiplied by 122.32 the appropriate percentages from subdivision 2. 122.33 (b) Notwithstanding paragraph (a), if the special education 122.34 base revenue for a district equals zero, the special education 122.35 revenue equals the amount computed according to subdivision 2 122.36 using current year data. 123.1 Subd. 8. [SPECIAL EDUCATION AID.] A district's special 123.2 education aid for fiscal year 1996 and later equals the 123.3 district's special education revenue times the aid percentage 123.4 factor for that year. 123.5 Subd. 9. [REVENUE ALLOCATION FROM COOPERATIVE CENTERS AND 123.6 INTERMEDIATES.] For the purposes of this section and section 123.7 124.321, a special education cooperative or an intermediate 123.8 district must allocate its approved expenditures for special 123.9 education programs among participating districts. 123.10 Sec. 20. [120A.20] [SPECIAL EDUCATION SUMMER PROGRAM 123.11 REVENUE.] 123.12 Subdivision 1. [SUMMER PROGRAM BASE REVENUE.] The summer 123.13 program base revenue for fiscal year 1996 and fiscal year 1997 123.14 equals the sum of the following amounts computed using base year 123.15 data: 123.16 (1) 68 percent of the summer program salary of each 123.17 essential person employed in the district's program for children 123.18 with a disability, whether the person is employed by one or more 123.19 districts; 123.20 (2) for the Minnesota state academy for the deaf or the 123.21 Minnesota state academy for the blind, 68 percent of the summer 123.22 program salary of each instructional aide assigned to a child 123.23 attending the academy, if that aide is required by the child's 123.24 individual education plan; 123.25 (3) for special instruction and services provided to any 123.26 pupil by contracting with public, private, or voluntary agencies 123.27 other than districts, in place of special instruction and 123.28 services provided by the district, 52 percent of the difference 123.29 between the amount of the contract for the summer program and 123.30 the basic revenue of the district for that pupil for the 123.31 fraction of the school day the pupil receives services under the 123.32 contract; and 123.33 (4) for special instruction and services provided to any 123.34 pupil by contracting for services with public, private, or 123.35 voluntary agencies other than school districts, that are 123.36 supplementary to a full educational program provided by the 124.1 district, 52 percent of the amount of the summer program 124.2 contract for that pupil. 124.3 Subd. 2. [ADJUSTED SUMMER PROGRAM BASE REVENUE.] For 124.4 fiscal year 1996 and fiscal year 1997, a district's adjusted 124.5 summer program base revenue equals the district's summer program 124.6 base revenue times the ratio of the district's average daily 124.7 membership for the current school year to the district's average 124.8 daily membership for the base year. 124.9 Subd. 3. [STATE TOTAL SUMMER PROGRAM REVENUE.] The state 124.10 total summer program revenue for fiscal year 1996 equals 124.11 $7,152,000. The state total summer program revenue for fiscal 124.12 year 1997 equals $3,728,500. Fiscal year 1996 summer program 124.13 revenue is for 1995 summer programs. Fiscal year 1997 summer 124.14 program revenue is for 1996 summer programs provided in fiscal 124.15 year 1996. 124.16 Subd. 4. [SCHOOL DISTRICT SUMMER PROGRAM REVENUE.] (a) A 124.17 district's summer program revenue for fiscal year 1996 and 124.18 fiscal year 1997 equals the state total summer program revenue, 124.19 minus the amount determined under paragraph (b), times the ratio 124.20 of the district's adjusted summer program base revenue to the 124.21 state total adjusted summer program base revenue. 124.22 (b) Notwithstanding paragraph (a), if the special education 124.23 base revenue for a district under section 124.3201, subdivision 124.24 2, equals zero, the summer program revenue equals the amount 124.25 computed according to subdivision 1 using current year data. 124.26 Subd. 5. [SPECIAL EDUCATION SUMMER PROGRAM AID.] A 124.27 district's special education summer program aid for fiscal year 124.28 1996 and fiscal year 1997 equals the district's summer program 124.29 revenue times the aid percentage factor for that year. 124.30 Subd. 6. [REVENUE ALLOCATION FROM COOPERATIVE CENTERS AND 124.31 INTERMEDIATES.] For the purposes of this section and section 124.32 124.321, a special education cooperative or an intermediate 124.33 district must allocate its approved expenditures for special 124.34 education programs among participating districts. Special 124.35 education summer program aid for services provided by a 124.36 cooperative or intermediate district must be paid to the 125.1 participating districts. 125.2 Sec. 21. [120A.21] [SPECIAL EDUCATION LEVY EQUALIZATION 125.3 REVENUE.] 125.4 Subdivision 1. [LEVY EQUALIZATION REVENUE.] (a) For fiscal 125.5 years 1996 and later, special education levy equalization 125.6 revenue for a school district, excluding an intermediate school 125.7 district, equals the sum of the following amounts: 125.8 (1) the levy percentage factor for that year times the 125.9 district's special education revenue under section 124.3201; 125.10 plus 125.11 (2) the levy percentage factor for that year times the 125.12 district's special education summer program revenue under 125.13 section 124.3202; plus 125.14 (3) the levy percentage factor for that year times the 125.15 district's special education excess cost revenue under section 125.16 124.323; plus 125.17 (4) the levy percentage factor for that year times the 125.18 district's secondary vocational education for children with a 125.19 disability revenue under section 124.574; plus 125.20 (5) the levy percentage factor for that year times the 125.21 district's limited English proficiency programs revenue under 125.22 section 124.273. 125.23 Subd. 2. [REVENUE ALLOCATION FROM STATE ACADEMIES.] (a) 125.24 For purposes of this section, the Minnesota state academy for 125.25 the deaf or the Minnesota state academy for the blind each year 125.26 must allocate an amount equal to the levy percentage factor for 125.27 that year times their special education revenue under section 125.28 124.3201 and their special education summer program revenue 125.29 under section 124.3202 for the year to each district that 125.30 assigns a child with an individual education plan requiring an 125.31 instructional aide to attend either academy. The districts that 125.32 assign a child who requires an instructional aide may make a 125.33 levy in the amount of the costs allocated to them by either 125.34 academy. 125.35 (b) When the Minnesota state academy for the deaf or the 125.36 Minnesota state academy for the blind allocates revenue among 126.1 school districts that assign a child who requires an 126.2 instructional aide, for purposes of the districts making a levy 126.3 under this subdivision, the academy must provide information to 126.4 the department on the amount of revenue it allocated to the 126.5 school districts that assign a child who requires an 126.6 instructional aide. 126.7 Subd. 3. [SPECIAL EDUCATION LEVY.] To receive special 126.8 education levy revenue, a district may levy an amount equal to 126.9 the district's special education levy equalization revenue as 126.10 defined in subdivision 1 multiplied by the lesser of one, or the 126.11 ratio of: 126.12 (1) the quotient derived by dividing the adjusted net tax 126.13 capacity of the district for the year preceding the year the 126.14 levy is certified by the actual pupil units in the district for 126.15 the school year to which the levy is attributable, to 126.16 (2) $3,540. 126.17 Subd. 4. [SPECIAL EDUCATION LEVY EQUALIZATION AID.] A 126.18 district's special education levy equalization aid is the 126.19 difference between its special education levy equalization 126.20 revenue and its special education levy. If a district does not 126.21 levy the entire amount permitted, special education levy 126.22 equalization aid must be reduced in proportion to the actual 126.23 amount levied. 126.24 Subd. 5. [PRORATION.] In the event that the special 126.25 education levy equalization aid for any year is prorated, a 126.26 district having its aid prorated may levy an additional amount 126.27 equal to the amount not paid by the state due to proration. 126.28 Sec. 22. [120A.22] [ALTERNATIVE DELIVERY BASE REVENUE 126.29 ADJUSTMENT.] 126.30 Subdivision 1. [ELIGIBILITY.] A district is eligible for 126.31 an alternative delivery base revenue adjustment if the 126.32 commissioner has approved the application of the district 126.33 according to section 120.173. 126.34 Subd. 2. [BASE REVENUE ADJUSTMENT.] For the third fiscal 126.35 year after approval of a district's application, and thereafter, 126.36 the special education base revenue under section 124.3201, 127.1 subdivision 1, and the summer program base revenue under section 127.2 124.3202, subdivision 1, must be computed based on activities 127.3 defined as reimbursable under state board rules for special 127.4 education and nonspecial education students, and additional 127.5 activities as detailed and approved by the commissioner. 127.6 Subd. 3. [USE OF REVENUE.] Revenue under sections 124.3201 127.7 and 124.3202 shall be used to implement the approved program. 127.8 Sec. 23. [120A.23] [SPECIAL EDUCATION EXCESS COST AID.] 127.9 Subdivision 1. [DEFINITIONS.] In this section, the 127.10 definitions in this subdivision apply. 127.11 (a) "Unreimbursed special education cost" means the sum of 127.12 the following: 127.13 (1) expenditures for teachers' salaries, contracted 127.14 services, supplies, and equipment eligible for revenue under 127.15 sections 124.3201 and 124.3202; plus 127.16 (2) expenditures for tuition bills received under section 127.17 120.17 for services eligible for revenue under sections 127.18 124.3201, subdivision 2, and 124.3202, subdivision 1; minus 127.19 (3) revenue for teachers' salaries, contracted services, 127.20 supplies, and equipment under sections 124.3201 and 124.3202; 127.21 minus 127.22 (4) tuition receipts under section 120.17 for services 127.23 eligible for revenue under sections 124.3201, subdivision 2, and 127.24 124.3202, subdivision 1. 127.25 (b) "General revenue," for fiscal year 1996, means the sum 127.26 of the general education revenue according to section 124A.22, 127.27 subdivision 1, as adjusted according to section 124A.036, 127.28 subdivision 5, plus the total referendum revenue according to 127.29 section 124A.03, subdivision 1e. For fiscal years 1997 and 127.30 later, "general revenue" means the sum of the general education 127.31 revenue according to section 124A.22, subdivision 1, as adjusted 127.32 according to section 124A.036, subdivision 5, plus the total 127.33 referendum revenue minus transportation sparsity revenue minus 127.34 total operating capital revenue. 127.35 Subd. 2. [EXCESS COST REVENUE.] For 1996 and later fiscal 127.36 years, a district's special education excess cost revenue equals 128.1 70 percent of the difference between (1) the district's 128.2 unreimbursed special education cost and (2) six percent for 128.3 fiscal year 1996 and 5.7 percent for fiscal year 1997 and later 128.4 years of the district's general revenue. 128.5 Subd. 3. [EXCESS COST AID.] For 1996 and later fiscal 128.6 years, a district's special education excess cost aid equals the 128.7 district's special education excess cost revenue times the aid 128.8 percentage factor for that year. 128.9 Sec. 24. [120A.24] [MEDICAL ASSISTANCE PAYMENTS TO SCHOOL 128.10 DISTRICTS.] 128.11 Subdivision 1. [ELIGIBILITY.] A district may enroll as a 128.12 provider in the medical assistance program and receive medical 128.13 assistance payments for covered special education services 128.14 provided to persons eligible for medical assistance under 128.15 chapter 256B. To receive medical assistance payments, the 128.16 district must comply with relevant provisions of state and 128.17 federal statutes and regulations governing the medical 128.18 assistance program. 128.19 Subd. 2. [FUNDING.] A district that provides a covered 128.20 service to an eligible person and complies with relevant 128.21 requirements of the medical assistance program is entitled to 128.22 receive payment for the service provided, including that portion 128.23 of the payment that will subsequently be reimbursed by the 128.24 federal government, in the same manner as other medical 128.25 assistance providers. The school district is not required to 128.26 provide matching funds or pay part of the costs of the service, 128.27 as long as the rate charged for the service does not exceed 128.28 medical assistance limits that apply to all medical assistance 128.29 providers. 128.30 Subd. 3. [CONTRACT FOR SERVICES.] A district may contract 128.31 for the provision of medical assistance-covered services, and 128.32 may contract with a third party agency to assist in 128.33 administering and billing for these services. 128.34 Subd. 4. [PRIVATE INSURERS.] A district may enroll as a 128.35 provider for insurance companies to provide covered special 128.36 education services to eligible persons. To receive payments, 129.1 the district must comply with relevant state and federal 129.2 statutes. A district may contract for services, and may 129.3 contract with a third party agency to assist in administering 129.4 and billing for these services. 129.5 Subd. 5. [NO REDUCTION IN REVENUE.] A district's revenue 129.6 for special education programs must not be reduced by any 129.7 payments for medical assistance or insurance received according 129.8 to this section. 129.9 Sec. 25. [120A.25] [CITATION.] 129.10 Sections 126.261 to 126.269 may be cited as the "Education 129.11 for Limited English Proficient Students Act." 129.12 Sec. 26. [120A.26] [DEFINITIONS.] 129.13 Subdivision 1. [GENERALLY.] For purposes of sections 129.14 124.273 and 126.261 to 126.269, the terms defined in this 129.15 section shall have the meanings given them. 129.16 Subd. 2. [PUPIL OF LIMITED ENGLISH PROFICIENCY.] "Pupil of 129.17 limited English proficiency" means a pupil in any of the grades 129.18 of kindergarten through 12 who meets the following requirements: 129.19 (a) The pupil, as declared by a parent or guardian (1) 129.20 first learned a language other than English, (2) comes from a 129.21 home where the language usually spoken is other than English, or 129.22 (3) usually speaks a language other than English; and 129.23 (b) The pupil's score is significantly below the average 129.24 district score for pupils of the same age on a nationally normed 129.25 English reading or English language arts achievement test. A 129.26 pupil's score shall be considered significantly below the 129.27 average district score for pupils of the same age if it is 129.28 one-third of a standard deviation below that average score. 129.29 Subd. 3. [ESSENTIAL INSTRUCTIONAL PERSONNEL.] "Essential 129.30 instructional personnel" means the following: 129.31 (a) A teacher licensed by the state board of teaching to 129.32 teach bilingual education or English as a second language; 129.33 (b) A teacher with an exemption from a teaching license 129.34 requirement pursuant to section 126.266 who is employed in a 129.35 school district's English as a second language or bilingual 129.36 education program; 130.1 (c) Any teacher as defined in section 125.03 who holds a 130.2 valid license from the state board of teaching, if the district 130.3 assures the department that the teacher will obtain the 130.4 preservice and in-service training the department considers 130.5 necessary to enable the teacher to provide appropriate service 130.6 to pupils of limited English proficiency. 130.7 Subd. 4. [ENGLISH AS A SECOND LANGUAGE PROGRAM.] "English 130.8 as a second language program" means a program for the 130.9 instruction of pupils of limited English proficiency in the 130.10 following English language skills: reading, writing, listening 130.11 and speaking. 130.12 Subd. 5. [BILINGUAL EDUCATION PROGRAM.] "Bilingual 130.13 education program" means an educational program in which 130.14 instruction is given in both English and the primary language of 130.15 the pupil of limited English proficiency to the extent necessary 130.16 to allow the pupil to progress effectively through the 130.17 educational system and to attain the basic skills of reading, 130.18 writing, listening, and speaking in the English language so that 130.19 the pupil will be able to perform ordinary classwork 130.20 successfully in English. 130.21 Subd. 6. [PRIMARY LANGUAGE.] "Primary language" means a 130.22 language other than English which is the language normally used 130.23 by the child or the language which is spoken in the child's home 130.24 environment. 130.25 Subd. 7. [PARENT.] "Parent" includes a child's legal 130.26 guardian. 130.27 Subd. 8. [EDUCATIONAL PROGRAM FOR PUPILS OF LIMITED 130.28 ENGLISH PROFICIENCY.] "Educational program for pupils of limited 130.29 English proficiency" means an English as a second language 130.30 program, bilingual education program, or both an English as a 130.31 second language and a bilingual education program. 130.32 Sec. 27. [120A.27] [RIGHTS OF PARENTS.] 130.33 Subdivision 1. [NOVICE.] Within ten days after the 130.34 enrollment of any pupil in an instructional program for limited 130.35 English proficient students, the district in which the pupil 130.36 resides must notify the parent by mail. This notice must: 131.1 (a) Be in writing in English and in the primary language of 131.2 the pupil's parents; 131.3 (b) Inform the parents that their child has been enrolled 131.4 in an instructional program for limited English proficient 131.5 students; 131.6 (c) Contain a simple, nontechnical description of the 131.7 purposes, method and content of the program; 131.8 (d) Inform the parents that they have the right to visit 131.9 the educational program for limited English proficient students 131.10 in which their child is enrolled; 131.11 (e) Inform the parents of the time and manner in which to 131.12 request and receive a conference for the purpose of explaining 131.13 the nature and purpose of the program; and 131.14 (f) Inform the parents of their rights to withdraw their 131.15 child from an educational program for limited English proficient 131.16 students and the time and manner in which to do so. 131.17 The department shall, at the request of the district, 131.18 prepare the notice in the primary language of the parent. 131.19 Subd. 2. [WITHDRAWAL FROM PROGRAM.] Any parent whose child 131.20 is enrolled in an educational program for limited English 131.21 proficient students shall have the right, either at the time of 131.22 the original notification of enrollment or at the close of any 131.23 semester thereafter, to withdraw the child from the program by 131.24 providing written notice of this intent to the principal of the 131.25 school in which the child is enrolled or to the superintendent 131.26 of the district in which the child resides. Nothing in this 131.27 section shall preclude a parent from reenrolling a child of 131.28 limited English proficiency in an educational program for 131.29 limited English proficient students. 131.30 Subd. 3. [PARENTAL INVOLVEMENT.] A district which receives 131.31 moneys pursuant to section 124.273 must encourage involvement of 131.32 parents of pupils enrolled in the educational program for 131.33 limited English proficient students in this program. The 131.34 district shall solicit the views of parents about the program 131.35 and its effects upon their children. 131.36 Sec. 28. [120A.28] [GENERAL REQUIREMENTS FOR PROGRAMS.] 132.1 A district which receives aid pursuant to section 124.273 132.2 must comply with the following program requirements: 132.3 (a) To the extent possible, the district must avoid 132.4 isolating children of limited English proficiency for a 132.5 substantial part of the school day; and 132.6 (b) In predominantly nonverbal subjects, such as art, 132.7 music, and physical education, pupils of limited English 132.8 proficiency shall be permitted to participate fully and on an 132.9 equal basis with their contemporaries in public school classes 132.10 provided for these subjects. To the extent possible, the 132.11 district must assure to pupils enrolled in a program for limited 132.12 English proficient students an equal and meaningful opportunity 132.13 to participate fully with other pupils in all extracurricular 132.14 activities. 132.15 Sec. 29. [120A.29] [EXEMPTION FROM TEACHING LICENSURE.] 132.16 Subdivision 1. [EXEMPTIONS.] The commissioner may grant an 132.17 exemption from the licensure requirement in the hiring of 132.18 teachers of English as a second language or bilingual education 132.19 teachers to a district if the commissioner finds that compliance 132.20 would impose a hardship upon the district in the securing of 132.21 teachers for its educational programs for limited English 132.22 proficient students. The commissioner shall notify the board of 132.23 teaching of any exemptions granted pursuant to this section. 132.24 Subd. 2. [CREDIT FOR SERVICE.] A teacher serving under an 132.25 exemption as provided in subdivision 1 shall be granted a 132.26 license as soon as that teacher qualifies for it. Not more than 132.27 one year of service by a teacher under an exemption shall be 132.28 credited to the teacher for the purposes of section 125.12. For 132.29 purposes of section 125.17, a teacher shall receive credit equal 132.30 to the number of years the teacher served under an exemption. 132.31 Sec. 30. [120A.30] [TECHNICAL ASSISTANCE.] 132.32 The commissioner shall provide technical assistance to 132.33 districts receiving aid pursuant to section 124.273 and to 132.34 post-secondary institutions for preservice and in-service 132.35 training for bilingual education teachers and English as a 132.36 second language teachers employed in educational programs for 133.1 limited English proficient students, teaching methods, 133.2 curriculum development, testing and testing mechanisms, and the 133.3 development of instructional materials for these educational 133.4 programs. 133.5 Sec. 31. [120A.31] [CONSTRUCTION.] 133.6 Nothing in the provisions of sections 126.261 to 126.267 133.7 shall be construed to violate the provisions of section 127.08 133.8 or chapter 363. Programs and activities pursuant to sections 133.9 126.261 to 126.267 shall be deemed to be positive action 133.10 programs to combat discrimination. 133.11 Sec. 32. [120A.32] [LIMITED ENGLISH PROFICIENCY PROGRAMS 133.12 AID.] 133.13 Subdivision 1. [ADJUSTED LEP BASE REVENUE.] (a) A 133.14 district's adjusted limited English proficiency programs base 133.15 revenue for fiscal year 1996 and later equals the product of: 133.16 (1) the district's base revenue for limited English 133.17 proficiency programs under this section and section 124.321, 133.18 times 133.19 (2) the ratio of: 133.20 (i) the greater of 20 or the number of pupils of limited 133.21 English proficiency enrolled in the district during the current 133.22 fiscal year to 133.23 (ii) the greater of 20 or the number of pupils of limited 133.24 English proficiency enrolled in the district during the base 133.25 year. 133.26 (b) For the purposes of this section, the base year for 133.27 fiscal year 1996 is fiscal year 1995. The base year for later 133.28 fiscal years is the second fiscal year preceding the fiscal year 133.29 for which aid shall be paid. The current year is the fiscal 133.30 year for which aid shall be paid. 133.31 (c) For the purposes of this section, a teacher includes 133.32 nonlicensed personnel who provide direct instruction to students 133.33 of limited English proficiency under the supervision of a 133.34 licensed teacher. 133.35 Subd. 2. [LEP BASE REVENUE.] (a) The limited English 133.36 proficiency programs base revenue equals the sum of the 134.1 following amounts, computed using base year data: 134.2 (1) 68 percent of the salary of one full-time equivalent 134.3 teacher for each 40 pupils of limited English proficiency 134.4 enrolled, or 68 percent of the salary of one-half of a full-time 134.5 teacher in a district with 20 or fewer pupils of limited English 134.6 proficiency enrolled; and 134.7 (2) for supplies and equipment purchased or rented for use 134.8 in the instruction of pupils of limited English proficiency an 134.9 amount equal to 47 percent of the sum actually spent by the 134.10 district but not to exceed an average of $47 in any one school 134.11 year for each pupil of limited English proficiency receiving 134.12 instruction. 134.13 (b) For the purposes of this subdivision, a teacher 134.14 includes nonlicensed personnel who provide direct instruction to 134.15 students of limited English proficiency under the supervision of 134.16 a licensed teacher. 134.17 Subd. 3. [AID.] A district's limited English proficiency 134.18 aid for fiscal year 1996 and later equals the aid percentage 134.19 factor under section 124.3201, subdivision 1, times the 134.20 district's limited English proficiency revenue. 134.21 Subd. 4. [STATE TOTAL LEP REVENUE.] (a) The state total 134.22 limited English proficiency programs revenue for fiscal year 134.23 1996 equals $12,202,000. The state total limited English 134.24 proficiency programs revenue for fiscal year 1997 equals 134.25 $13,299,000. 134.26 (b) The state total limited English proficiency programs 134.27 revenue for later fiscal years equals: 134.28 (1) the state total limited English proficiency programs 134.29 revenue for the preceding fiscal year; times 134.30 (2) the program growth factor under section 124.3201, 134.31 subdivision 1; times 134.32 (3) the ratio of the state total number of pupils with 134.33 limited English proficiency for the current fiscal year to the 134.34 state total number of pupils with limited English proficiency 134.35 for the preceding fiscal year. 134.36 Subd. 5. [SCHOOL DISTRICT LEP REVENUE.] (a) A school 135.1 district's limited English proficiency programs revenue for 135.2 fiscal year 1996 and later equals the state total limited 135.3 English proficiency programs revenue, minus the amount 135.4 determined under paragraph (b), times the ratio of the 135.5 district's adjusted limited English proficiency programs base 135.6 revenue to the state total adjusted limited English proficiency 135.7 programs base revenue. 135.8 (b) Notwithstanding paragraph (a), if the limited English 135.9 proficiency programs base revenue for a district equals zero, 135.10 the limited English proficiency programs revenue equals the sum 135.11 of the following amounts, computed using current year data: 135.12 (1) 68 percent of the salary of one full-time equivalent 135.13 teacher for each 40 pupils of limited English proficiency 135.14 enrolled, or 68 percent of the salary of one-half of a full-time 135.15 teacher in a district with 20 or fewer pupils of limited English 135.16 proficiency enrolled; and 135.17 (2) for supplies and equipment purchased or rented for use 135.18 in the instruction of pupils of limited English proficiency an 135.19 amount equal to 47 percent of the sum actually spent by the 135.20 district but not to exceed an average of $47 in any one school 135.21 year for each pupil of limited English proficiency receiving 135.22 instruction. 135.23 Subd. 6. [PARTICIPATION OF NONPUBLIC SCHOOL PUPILS.] In 135.24 counting the number of pupils of limited English proficiency for 135.25 purposes of this section, districts may include pupils of 135.26 limited English proficiency who attend nonpublic schools in the 135.27 district. A district which counts those pupils and receives aid 135.28 pursuant to this section must offer those pupils the same 135.29 programs on the same terms that it offers to pupils of limited 135.30 English proficiency who attend the public school. A program 135.31 provided for a nonpublic school pupil pursuant to this 135.32 subdivision must be provided at a public school or a neutral 135.33 site as defined in section 123.932, subdivision 9. Nonpublic 135.34 school pupils served by a district's educational program for 135.35 pupils of limited English proficiency must be counted for 135.36 average daily membership pursuant to sections 124A.02, 136.1 subdivisions 20 to 22, and 124A.034, subdivisions 1 to 2. 136.2 Subd. 7. [APPLICATION DATES.] To obtain aid for limited 136.3 English proficiency programs, a district must submit information 136.4 required by the department to implement this section. 136.5 Subd. 8. [NOTIFICATION; AID PAYMENTS.] The department must 136.6 promptly inform each applicant district of the amount of aid it 136.7 will receive pursuant to this section. 136.8 Subd. 9. [RECORDS; AUDIT.] A district which applies for 136.9 aid pursuant to this section must maintain records which support 136.10 the information contained in all of its applications. The 136.11 commissioner may audit these records upon request. A district 136.12 which receives aid pursuant to this section must keep such 136.13 additional records in the manner prescribed by the commissioner 136.14 to ensure that an educational program for pupils of limited 136.15 English proficiency is implemented and operated in accordance 136.16 with sections 126.261 to 126.269. 136.17 Subd. 10. [MONEY FROM OTHER SOURCES.] A district providing 136.18 a program for pupils of limited English proficiency must be 136.19 eligible to receive moneys for these programs from other 136.20 government agencies and from private sources when these moneys 136.21 are available. 136.22 Sec. 33. [120A.33] [ASSURANCE OF MASTERY REVENUE.] 136.23 Subdivision 1. [INSTRUCTION.] A district may receive 136.24 assurance of mastery revenue to provide direct instructional 136.25 services to eligible pupils. 136.26 Subd. 2. [ELIGIBLE DISTRICTS.] To be eligible to receive 136.27 assurance of mastery revenue, a district must have a local 136.28 process to review curriculum and instruction. 136.29 Subd. 3. [ELIGIBLE PUPILS.] A pupil is eligible to receive 136.30 services provided with assurance of mastery revenue if the pupil 136.31 has not demonstrated progress toward mastering the required 136.32 graduation standards, after receiving instruction that was 136.33 designed to enable the pupil to make progress toward mastering 136.34 the required graduation standards in a regular classroom 136.35 setting. To determine pupil eligibility, a district must use a 136.36 process adopted by the school board to review curriculum and 137.1 instruction, for the subjects and at the grade level at which 137.2 the district uses the revenue. 137.3 Subd. 4. [ELIGIBLE SERVICES.] Assurance of mastery revenue 137.4 must be used to provide direct instructional services to an 137.5 eligible pupil, or group of eligible pupils, under the following 137.6 conditions: 137.7 (a) Instruction may be provided at one or more grade levels 137.8 from kindergarten through grade 8. If an assessment of pupils' 137.9 needs within a district demonstrates that the eligible pupils in 137.10 grades kindergarten through 8 are being appropriately served, a 137.11 district may serve eligible pupils in grades 9 through 12. 137.12 (b) Instruction must be provided under the supervision of 137.13 the eligible pupil's regular classroom teacher. Instruction may 137.14 be provided by the eligible pupil's classroom teacher, by 137.15 another teacher, by a team of teachers, or by an education 137.16 assistant or aide. A special education teacher may provide 137.17 instruction, but instruction that is provided under this section 137.18 is not eligible for aid under section 124.32. 137.19 (c) The instruction that is provided must differ from the 137.20 initial instruction the pupil received in the regular classroom 137.21 setting. The instruction may differ by presenting different 137.22 curriculum than was initially presented in the regular 137.23 classroom, or by presenting the same curriculum: 137.24 (1) at a different rate or in a different sequence than it 137.25 was initially presented; 137.26 (2) using different teaching methods or techniques than 137.27 were used initially; or 137.28 (3) using different instructional materials than were used 137.29 initially. 137.30 Subd. 5. [REVENUE AMOUNT.] Assurance of mastery revenue is 137.31 the sum of state and district money. The sum may equal up to 137.32 $45 for fiscal year 1991 and thereafter times the number of fund 137.33 balance pupil units in kindergarten through grade 8 in the 137.34 district. The district must determine the amount of money it 137.35 will provide and the state must provide an equal amount of money. 137.36 Subd. 6. [USES OF REVENUE.] Assurance of mastery revenue 138.1 may be used only to provide eligible services to eligible pupils. 138.2 Subd. 7. [DISTRICT REPORT.] A district that receives 138.3 assurance of mastery revenue must include the following in a 138.4 report: 138.5 (1) a summary of initial assessment results used to 138.6 determine pupil eligibility to receive instructional services; 138.7 (2) a description of the services provided to eligible 138.8 pupils; and 138.9 (3) a summary of assessment results for eligible pupils 138.10 obtained after providing the services. 138.11 Sec. 34. [120A.34] [TARGETED NEEDS PROGRAM REVENUE.] 138.12 Subdivision 1. [USE OF THE REVENUE.] The targeted needs 138.13 revenue under this section must be used to meet the educational 138.14 needs of learners whose progress toward meeting state or local 138.15 content or performance standards is below the level that is 138.16 appropriate for learners of their age. Any of the following may 138.17 be provided to meet these learners needs: 138.18 (1) remedial or individualized instruction in reading, 138.19 language arts, mathematics, other content areas, or study skills 138.20 to improve the achievement level of these learners; 138.21 (2) additional teachers and teacher aides to provide more 138.22 individualized instruction to these learners through individual 138.23 tutoring, lower instructor-to-learner ratios, or team teaching; 138.24 (3) flexible school day or school year programs that enable 138.25 these learners to improve their achievement or that provide 138.26 additional learning opportunities outside of the normal school 138.27 schedule; 138.28 (4) comprehensive and ongoing staff development consistent 138.29 with district and site plans according to section 126.70, for 138.30 teachers, teacher aides, principals, and other personnel to 138.31 improve their ability to identify the needs of these learners 138.32 and provide appropriate remediation, intervention, 138.33 accommodations, or modifications; 138.34 (5) instructional materials and technology appropriate for 138.35 meeting the individual needs of these learners; 138.36 (6) programs established under a desegregation plan 139.1 mandated by the state board or under court order, to increase 139.2 learning opportunities and reduce the learning gap between 139.3 learners living in high concentrations of poverty and their 139.4 peers; 139.5 (7) programs to reduce truancy, encourage completion of 139.6 high school, enhance self-concept, provide health services, 139.7 provide nutrition services, provide a safe and secure learning 139.8 environment, provide coordination for learners receiving 139.9 services from other governmental agencies, provide home visiting 139.10 services, provide psychological services to determine the level 139.11 of social, emotional, cognitive, and intellectual development, 139.12 and provide counseling services, guidance services, and social 139.13 work services; 139.14 (8) bilingual programs, bicultural programs, and programs 139.15 for learners of limited English proficiency; and 139.16 (9) substantial parent involvement in developing and 139.17 implementing remedial education or intervention plans for a 139.18 learner, including learning contracts between the school, the 139.19 learner, and the parent that establish achievement goals and 139.20 responsibilities of the learner and the learner's parent or 139.21 guardian. 139.22 Subd. 2. [BUILDING ALLOCATION.] A district must consider 139.23 the concentration of children from low-income families, children 139.24 with limited English proficiency, and children with disabilities 139.25 in each school building in the district when allocating targeted 139.26 needs revenue. 139.27 Subd. 3. [SEPARATE ACCOUNT.] Targeted needs revenue shall 139.28 be maintained in a separate account to identify expenditures for 139.29 salaries and programs related to this revenue. 139.30 Subd. 4. [INTEGRATION REVENUE.] For fiscal year 1996 and 139.31 later fiscal years, integration revenue equals the sum of 139.32 integration aid and integration levy under section 124.912, 139.33 subdivision 2. 139.34 Subd. 5. [INTEGRATION AID.] For fiscal year 1996 and later 139.35 fiscal years integration aid equals the following amounts: 139.36 (1) for independent school district No. 709, Duluth, 140.1 $1,385,000; 140.2 (2) for independent school district No. 625, St. Paul, 140.3 $8,090,700; and 140.4 (3) for special school district No. 1, Minneapolis, 140.5 $9,368,300. 140.6 Sec. 35. [120A.35] [TARGETED NEEDS REVENUE.] 140.7 For fiscal year 1996 and thereafter, a school district's 140.8 targeted needs revenue equals the sum of: 140.9 (1) assurance of mastery revenue according to section 140.10 124.311; plus 140.11 (2) the district's limited English proficiency revenue 140.12 computed according to section 124.273, subdivision 1d; plus 140.13 (3) integration revenue computed according to section 140.14 124.312, subdivision 4. 140.15 Sec. 36. [120A.36] [TARGETED NEEDS AID AND LEVY.] 140.16 Subdivision 1. [AID.] For fiscal year 1996 and thereafter, 140.17 a district's targeted needs aid equals the sum of its assurance 140.18 of mastery aid according to section 124.311, its limited English 140.19 proficiency aid according to section 124.273, subdivision 1e, 140.20 and its integration aid according to section 124.312, 140.21 subdivision 5. 140.22 Subd. 2. [LEVY.] For fiscal year 1996 and thereafter, a 140.23 district's targeted needs levy equals the sum of its integration 140.24 levy under section 124.912, subdivision 2, and that portion of 140.25 its special education levy attributed to the limited English 140.26 proficiency program. 140.27 Sec. 37. [120A.37] [INDIAN SCHOLARSHIPS.] 140.28 Subdivision 1. [AWARDS.] The state board, with the advice 140.29 and counsel of the Minnesota Indian scholarship committee, may 140.30 award scholarships to any Minnesota resident student who is of 140.31 one-fourth or more Indian ancestry, who has applied for other 140.32 existing state and federal scholarship and grant programs, and 140.33 who, in the opinion of the board, has the capabilities to 140.34 benefit from further education. Scholarships must be for 140.35 advanced or specialized education in accredited or approved 140.36 colleges or in business, technical or vocational schools. 141.1 Scholarships must be used to defray the total cost of education 141.2 including tuition, incidental fees, books, supplies, 141.3 transportation, other related school costs and the cost of board 141.4 and room and must be paid directly to the college or school 141.5 concerned. The total cost of education includes all tuition and 141.6 fees for each student enrolling in a public institution and the 141.7 portion of tuition and fees for each student enrolling in a 141.8 private institution that does not exceed the tuition and fees at 141.9 a comparable public institution. Each student shall be awarded 141.10 a scholarship based on the total cost of the student's education 141.11 and a standardized need analysis. The amount and type of each 141.12 scholarship must be determined through the advice and counsel of 141.13 the Minnesota Indian scholarship committee. 141.14 When an Indian student satisfactorily completes the work 141.15 required by a certain college or school in a school year the 141.16 student is eligible for additional scholarships, if additional 141.17 training is necessary to reach the student's educational and 141.18 vocational objective. Scholarships may not be given to any 141.19 Indian student for more than five years of study without special 141.20 approval of the Minnesota Indian scholarship committee. 141.21 Subd. 2. [INDIAN SCHOLARSHIP COMMITTEE.] The Minnesota 141.22 Indian scholarship committee is established. The state board 141.23 must appoint members with the assistance of the Indian affairs 141.24 council as provided in section 3.922, subdivision 6. Members 141.25 must be reimbursed for expenses as provided in section 15.059, 141.26 subdivision 6. The state board must determine the membership 141.27 terms and duration of the committee, which expires no later than 141.28 June 30, 1997. The committee must provide advice to the state 141.29 board in awarding scholarships to eligible American Indian 141.30 students and in administering the state board's duties regarding 141.31 awarding of American Indian post-secondary preparation grants to 141.32 school districts. 141.33 Sec. 38. [120A.38] [INDIAN POST-SECONDARY PREPARATION 141.34 GRANTS.] 141.35 The state board of education, with the advice of the 141.36 Minnesota Indian scholarship committee, may make grants to 142.1 districts to support post-secondary preparation for secondary 142.2 pupils who are of one-fourth or more Indian ancestry and who, in 142.3 the opinion of the superintendent, have the capabilities to 142.4 benefit from higher education. Distribution of the grants must 142.5 be in accordance with a plan prepared by the state board, with 142.6 the advice of the Minnesota Indian scholarship committee, that 142.7 describes the objectives and methods of implementing the grant 142.8 program, including the manner in which grants will be 142.9 distributed in proportion to the geographical distribution of 142.10 the Indian population of the state. 142.11 Sec. 39. [120A.39] [STATE REVENUE FOR AMERICAN INDIAN 142.12 TRIBAL CONTRACT FOR GRANT SCHOOLS.] 142.13 Subdivision 1. [AUTHORIZATION.] Each year each American 142.14 Indian-controlled tribal contract or grant school authorized by 142.15 the United States Code, title 25, section 450f, that is located 142.16 on a reservation within the state is eligible to receive tribal 142.17 contract or grant school aid subject to the requirements in this 142.18 subdivision. 142.19 (a) The school must plan, conduct, and administer an 142.20 education program that complies with the requirements of either 142.21 this chapter and chapters 120, 121, 122, 123, 124A, 124C, 125, 142.22 126, 129, and 268A or Code of Federal Regulations, title 25, 142.23 sections 31.0 to 45.80. 142.24 (b) The school must comply with all other state statutes 142.25 governing independent school districts or their equivalent in 142.26 the Code of Federal Regulations, title 25. 142.27 (c) The state tribal contract or grant school aid must be 142.28 used to supplement, and not to replace, the money for American 142.29 Indian education programs provided by the federal government. 142.30 Subd. 2. [REVENUE AMOUNT.] An American Indian-controlled 142.31 tribal contract or grant school that is located on a reservation 142.32 within the state and that complies with the requirements in 142.33 subdivision 1 is eligible to receive tribal contract or grant 142.34 school aid. The amount of aid is derived by: 142.35 (1) multiplying the formula allowance under section 142.36 124A.22, subdivision 2, times the difference between (a) the 143.1 actual pupil units as defined in section 124A.02, subdivision 143.2 15, in average daily membership, excluding section 124.17, 143.3 subdivision 2f, and (b) the number of pupils for the current 143.4 school year, weighted according to section 124.17, subdivision 143.5 1, receiving benefits under section 123.933 or 123.935 or for 143.6 which the school is receiving reimbursement under section 143.7 126.23; 143.8 (2) subtracting from the result in clause (1) the amount of 143.9 money allotted to the school by the federal government through 143.10 Indian School Equalization Program of the Bureau of Indian 143.11 Affairs, according to Code of Federal Regulations, title 25, 143.12 part 39, subparts A to E, for the basic program as defined by 143.13 section 39.11, paragraph (b), for the base rate as applied to 143.14 kindergarten through twelfth grade, excluding small school 143.15 adjustments and additional weighting, but not money allotted 143.16 through subparts F to L for contingency funds, school board 143.17 training, student training, interim maintenance and minor 143.18 repair, interim administration cost, prekindergarten, and 143.19 operation and maintenance, and the amount of money that is 143.20 received according to section 126.23; 143.21 (3) dividing the result in clause (2) by the actual pupil 143.22 units in average daily membership, excluding section 124.17, 143.23 subdivision 2f; and 143.24 (4) multiplying the actual pupil units, including section 143.25 124.17, subdivision 2f, in average daily membership by the 143.26 lesser of $1,500 or the sum of the result in clause (3) plus 143.27 $300. 143.28 Subd. 3. [WAIVER.] Notwithstanding subdivision 1, 143.29 paragraphs (a) and (b), a tribal contract or grant school: 143.30 (1) is not subject to the Minnesota election law; 143.31 (2) has no authority under this section to levy for 143.32 property taxes, issue and sell bonds, or incur debt; and 143.33 (3) may request through its managing tribal organization a 143.34 recommendation of the state board of education, for 143.35 consideration of the legislature, that a tribal contract or 143.36 grant school not be subject to specified statutes related to 144.1 independent school districts. 144.2 Subd. 4. [EARLY CHILDHOOD FAMILY EDUCATION REVENUE.] A 144.3 school receiving aid under this section is eligible to receive 144.4 early childhood family education revenue to provide early 144.5 childhood family education programs for parents and children who 144.6 are enrolled or eligible for enrollment in a federally 144.7 recognized tribe. The revenue equals 1.5 times the statewide 144.8 average expenditure per participant under section 124.2711, 144.9 times the number of children and parents participating full time 144.10 in the program. The program must comply with section 121.882, 144.11 except that the school is not required to provide a community 144.12 education program or establish a community education advisory 144.13 council. The program must be designed to improve the skills of 144.14 parents and promote American Indian history, language, and 144.15 culture. The school must make affirmative efforts to encourage 144.16 participation by fathers. Admission may not be limited to those 144.17 enrolled in or eligible for enrollment in a federally recognized 144.18 tribe. 144.19 Sec. 40. [120A.40] [CITATION.] 144.20 Sections 126.45 to 126.55 may be cited as the "American 144.21 Indian Education Act of 1988." 144.22 Sec. 41. [120A.41] [DECLARATION OF POLICY.] 144.23 The legislature finds that a more adequate education is 144.24 needed for American Indian people in the state of Minnesota. 144.25 The legislature recognizes the unique educational and culturally 144.26 related academic needs of American Indian people. The 144.27 legislature also is concerned about the lack of American Indian 144.28 teachers in the state. Therefore, pursuant to the policy of the 144.29 state to ensure equal educational opportunity to every 144.30 individual, it is the purpose of sections 126.45 to 126.55 to 144.31 provide for American Indian education programs specially 144.32 designed to meet these unique educational or culturally related 144.33 academic needs or both. 144.34 Sec. 42. [120A.42] [DEFINITIONS.] 144.35 Subdivision 1. [APPLICABILITY.] For the purposes of 144.36 sections 126.45 to 126.55, the terms defined in this section 145.1 have the meanings given them. 145.2 Subd. 2. [AMERICAN INDIAN CHILD.] "American Indian child" 145.3 means any child, living on or off a reservation, who is enrolled 145.4 or eligible for enrollment in a federally recognized tribe. 145.5 Subd. 3. [ADVISORY TASK FORCE.] "Advisory task force" 145.6 means the state advisory task force on American Indian education 145.7 programs. 145.8 Subd. 4. [PARTICIPATING SCHOOL; AMERICAN INDIAN 145.9 SCHOOL.] "Participating school" and "American Indian school" 145.10 mean a school that: 145.11 (1) is not operated by a school district; and 145.12 (2) is eligible for a grant under Title IV of the Indian 145.13 Education Act for the education of American Indian children. 145.14 Sec. 43. [120A.43] [AMERICAN INDIAN LANGUAGE AND CULTURE 145.15 EDUCATION PROGRAMS.] 145.16 Subdivision 1. [PROGRAM DESCRIBED.] American Indian 145.17 language and culture education programs are programs in 145.18 elementary and secondary schools enrolling American Indian 145.19 children designed: 145.20 (1) to make the curriculum more relevant to the needs, 145.21 interests, and cultural heritage of American Indian pupils; 145.22 (2) to provide positive reinforcement of the self-image of 145.23 American Indian pupils; and 145.24 (3) to develop intercultural awareness among pupils, 145.25 parents, and staff. Program components may include: 145.26 instruction in American Indian language, literature, history, 145.27 and culture; development of support components for staff, 145.28 including in-service training and technical assistance in 145.29 methods of teaching American Indian pupils; research projects, 145.30 including experimentation with and evaluation of methods of 145.31 relating to American Indian pupils; provision of personal and 145.32 vocational counseling to American Indian pupils; modification of 145.33 curriculum, instructional methods, and administrative procedures 145.34 to meet the needs of American Indian pupils; and establishment 145.35 of cooperative liaisons with nonsectarian nonpublic, community, 145.36 tribal or alternative schools offering curricula which reflect 146.1 American Indian culture. Districts offering programs may make 146.2 contracts for the provision of program components by 146.3 nonsectarian nonpublic, community, tribal or alternative 146.4 schools. These programs may also be provided as components of 146.5 early childhood and family education programs. 146.6 Subd. 2. [VOLUNTARY ENROLLMENT.] Enrollment in American 146.7 Indian language and culture education programs must be 146.8 voluntary. School districts and participating schools must make 146.9 affirmative efforts to encourage participation. They shall 146.10 encourage parents to visit classes or come to school for a 146.11 conference explaining the nature of the program and provide 146.12 visits by school staff to parents' homes to explain the nature 146.13 of the program. 146.14 Subd. 3. [ENROLLMENT OF OTHER CHILDREN; SHARED TIME 146.15 ENROLLMENT.] To the extent it is economically feasible, a 146.16 district or participating school may make provision for the 146.17 voluntary enrollment of non-American Indian children in the 146.18 instructional components of an American Indian language and 146.19 culture education program in order that they may acquire an 146.20 understanding of the cultural heritage of the American Indian 146.21 children for whom that particular program is designed. However, 146.22 in determining eligibility to participate in a program, priority 146.23 must be given to American Indian children. American Indian 146.24 children and other children enrolled in an existing nonpublic 146.25 school system may be enrolled on a shared time basis in American 146.26 Indian language and culture education programs. 146.27 Subd. 4. [LOCATION OF PROGRAMS.] American Indian language 146.28 and culture education programs must be located in facilities in 146.29 which regular classes in a variety of subjects are offered on a 146.30 daily basis. 146.31 Subd. 5. [ASSIGNMENT OF STUDENTS.] A school district or 146.32 participating school must not, in providing these programs, 146.33 assign students to schools in a way which will have the effect 146.34 of promoting segregation of students by race, sex, color, or 146.35 national origin. 146.36 Subd. 6. [NONVERBAL COURSES AND EXTRACURRICULAR 147.1 ACTIVITIES.] In predominantly nonverbal subjects, such as art, 147.2 music, and physical education, American Indian children shall 147.3 participate fully and on an equal basis with their 147.4 contemporaries in school classes provided for these subjects. 147.5 Every school district or participating school must ensure to 147.6 children enrolled in American Indian language and culture 147.7 education programs an equal and meaningful opportunity to 147.8 participate fully with other children in all extracurricular 147.9 activities. This subdivision shall not be construed to prohibit 147.10 instruction in nonverbal subjects or extracurricular activities 147.11 which relate to the cultural heritage of the American Indian 147.12 children, or which are otherwise necessary to accomplish the 147.13 objectives described in sections 126.45 to 126.55. 147.14 Sec. 44. [120A.44] [TEACHERS; LICENSES; EXEMPTIONS.] 147.15 Subdivision 1. [AMERICAN INDIAN LANGUAGE AND CULTURE 147.16 EDUCATION LICENSES.] The board of teaching must grant initial 147.17 and continuing teaching licenses in American Indian language and 147.18 culture education that bear the same duration as other initial 147.19 and continuing licenses. The board must grant licenses to 147.20 persons who present satisfactory evidence that they: 147.21 (a) Possess competence in an American Indian language or 147.22 possess unique qualifications relative to or knowledge and 147.23 understanding of American Indian history and culture; or 147.24 (b) Possess a bachelor's degree or other academic degree 147.25 approved by the board or meet such requirements as to course of 147.26 study and training as the board may prescribe, or possess such 147.27 relevant experience as the board may prescribe. 147.28 This evidence may be presented by affidavits, resolutions, 147.29 or by such other methods as the board may prescribe. 147.30 Individuals may present applications for licensure on their own 147.31 behalf or these applications may be submitted by the 147.32 superintendent or other authorized official of a school 147.33 district, participating school, or an American Indian school. 147.34 Subd. 2. [PERSONS HOLDING GENERAL TEACHING LICENSES.] A 147.35 person holding a general teaching license who presents the board 147.36 with satisfactory evidence of competence in an American Indian 148.1 language, or knowledge and understanding of American Indian 148.2 history and culture may be licensed under this section. 148.3 Subd. 3. [RESOLUTION OR LETTER.] All persons applying for 148.4 a license under this section must submit to the board a 148.5 resolution or letter of support signed by an American Indian 148.6 tribal government or its designee. All persons holding a 148.7 license under this section on July 1, 1995, must have on file or 148.8 file with the board a resolution or letter of support signed by 148.9 a tribal government or its designee by January 1, 1996, or the 148.10 next renewal date of the license thereafter. 148.11 Subd. 4. [EMPLOYMENT OF TEACHERS.] Teachers employed in an 148.12 American Indian language and culture education program pursuant 148.13 to sections 126.45 to 126.55 shall not be employed to replace 148.14 any presently employed teacher who otherwise would not be 148.15 replaced. 148.16 Subd. 5. [TEACHER PREPARATION PROGRAMS.] For the purpose 148.17 of licensing American Indian language and culture education 148.18 teachers, the board may approve programs at colleges or 148.19 universities designed for their training subject to the approval 148.20 of the state board of education. 148.21 Subd. 6. [PERSONS ELIGIBLE FOR EMPLOYMENT; EXEMPTIONS.] 148.22 Any person licensed under this section shall be eligible for 148.23 employment by a school board or a participating school as a 148.24 teacher in an American Indian language and culture education 148.25 program in which the American Indian language or culture in 148.26 which the person is licensed is taught. A school district or 148.27 participating school may prescribe only those additional 148.28 qualifications for teachers licensed under this section as are 148.29 approved by the board of teaching. Any school board or 148.30 participating school upon request may be exempted from the 148.31 licensure requirements of this section in the hiring of one or 148.32 more American Indian language and culture education teachers for 148.33 any school year in which compliance would, in the opinion of the 148.34 commissioner, create a hardship in the securing of the teachers. 148.35 Subd. 7. [PERSONS SERVING UNDER EXEMPTIONS; LICENSURE; 148.36 TENURE.] An American Indian language and culture education 149.1 teacher serving under an exemption as provided in subdivision 6 149.2 shall be granted a license as soon as that teacher achieves the 149.3 qualifications for the license. Not more than one year of 149.4 service by an American Indian language and culture education 149.5 teacher under an exemption shall be credited to the teacher for 149.6 the purposes of section 125.12 and not more than two years shall 149.7 be credited for the purposes of section 125.17; and the one or 149.8 two years shall be deemed to precede immediately and be 149.9 consecutive with the year in which a teacher becomes licensed. 149.10 Subd. 8. [COMPENSATION.] A teacher holding a license or 149.11 exemption under this section shall be compensated according to a 149.12 schedule which is at least equivalent to that applicable to 149.13 teachers holding general licenses. 149.14 Subd. 9. [AFFIRMATIVE EFFORTS IN HIRING.] In hiring for 149.15 all positions in these programs, school districts and 149.16 participating schools must give preference to and make 149.17 affirmative efforts to seek, recruit, and employ persons who 149.18 share the culture of the American Indian children who are 149.19 enrolled in the program. The district or participating school 149.20 shall provide procedures for the involvement of the parent 149.21 advisory committees in designing the procedures for the 149.22 recruitment, screening and selection of applicants. This 149.23 subdivision shall not be construed to limit the school board's 149.24 authority to hire and discharge personnel. 149.25 Sec. 45. [120A.45] [TEACHER'S AIDES; COMMUNITY 149.26 COORDINATORS.] 149.27 In addition to employing American Indian language and 149.28 culture education teachers, each district or participating 149.29 school providing programs pursuant to sections 126.45 to 126.55 149.30 may employ teachers' aides. Teachers' aides must not be 149.31 employed for the purpose of supplanting American Indian language 149.32 and culture education teachers. 149.33 Any district or participating school which conducts 149.34 American Indian language and culture education programs pursuant 149.35 to sections 126.45 to 126.55 must employ one or more full time 149.36 or part time community coordinators if there are 100 or more 150.1 students enrolled in the program. Community coordinators shall 150.2 promote communication understanding, and cooperation between the 150.3 schools and the community and shall visit the homes of children 150.4 who are to be enrolled in an American Indian language and 150.5 culture education program in order to convey information about 150.6 the program. 150.7 Sec. 46. [120A.46] [RECRUITING AND RETAINING INDIAN 150.8 TEACHERS.] 150.9 This section applies to a board of a district in which 150.10 there are at least ten American Indian children enrolled. The 150.11 board must actively recruit teacher applicants who are American 150.12 Indian from the time it is reasonably expected that a position 150.13 will become available until the position is filled or September 150.14 1, whichever is earlier. Notwithstanding section 125.12, 150.15 subdivision 4, 6a, or 6b, 125.17, subdivisions 3 and 11, any 150.16 other law to the contrary, or any provision of a contract 150.17 entered into after May 7, 1988, to the contrary, when placing a 150.18 teacher on unrequested leave of absence, the board may retain a 150.19 probationary teacher or a teacher with less seniority in order 150.20 to retain an American Indian teacher. 150.21 Sec. 47. [120A.47] [PARENT AND COMMUNITY PARTICIPATION.] 150.22 Subdivision 1. [PARENT COMMITTEE.] School boards and 150.23 American Indian schools must provide for the maximum involvement 150.24 of parents of children enrolled in education programs, including 150.25 language and culture education programs, programs for elementary 150.26 and secondary grades, special education programs, and support 150.27 services. Accordingly, the board of a school district in which 150.28 there are ten or more American Indian children enrolled and each 150.29 American Indian school must establish a parent committee. If a 150.30 committee whose membership consists of a majority of parents of 150.31 American Indian children has been or is established according to 150.32 federal, tribal, or other state law, that committee may serve as 150.33 the committee required by this section and is subject to, at 150.34 least, the requirements of this subdivision and subdivision 2. 150.35 The parent committee must develop its recommendations in 150.36 consultation with the curriculum advisory committee required by 151.1 section 126.666, subdivision 2. This committee must afford 151.2 parents the necessary information and the opportunity 151.3 effectively to express their views concerning all aspects of 151.4 American Indian education and the educational needs of the 151.5 American Indian children enrolled in the school or program. The 151.6 committee must also address the need for adult education 151.7 programs for American Indian people in the community. The board 151.8 or American Indian school must ensure that programs are planned, 151.9 operated, and evaluated with the involvement of and in 151.10 consultation with parents of children served by the programs. 151.11 Subd. 2. [RESOLUTION OF CONCURRENCE.] Prior to December 1, 151.12 the board or American Indian school must submit to the 151.13 department a copy of a resolution adopted by the parent 151.14 committee. The copy must be signed by the chair of the 151.15 committee and must state whether the committee concurs with the 151.16 educational programs for American Indian children offered by the 151.17 school board or American Indian school. If the committee does 151.18 not concur with the educational programs, the reasons for 151.19 nonconcurrence and recommendations shall be submitted with the 151.20 resolution. By resolution, the board must respond, in cases of 151.21 nonconcurrence, to each recommendation made by the committee and 151.22 state its reasons for not implementing the recommendations. 151.23 Subd. 3. [MEMBERSHIP.] The committee must be composed of 151.24 parents of children eligible to be enrolled in American Indian 151.25 education programs; secondary students eligible to be served; 151.26 American Indian language and culture education teachers and 151.27 aides; American Indian teachers; counselors; adult American 151.28 Indian people enrolled in educational programs; and 151.29 representatives from community groups. A majority of each 151.30 committee must be parents of children enrolled or eligible to be 151.31 enrolled in the programs. The number of parents of American 151.32 Indian and non-American Indian children shall reflect 151.33 approximately the proportion of children of those groups 151.34 enrolled in the programs. 151.35 Subd. 4. [ALTERNATE COMMITTEE.] If the organizational 151.36 membership or the board of directors of an American Indian 152.1 school consists of parents of children attending the school, 152.2 that membership or board may serve also as the parent committee. 152.3 Sec. 48. [120A.48] [STATE BOARD OF EDUCATION DUTIES.] 152.4 Subdivision 1. [COMMUNITY INVOLVEMENT.] The state board 152.5 must provide for the maximum involvement of the state committees 152.6 on American Indian education, parents of American Indian 152.7 children, secondary students eligible to be served, American 152.8 Indian language and culture education teachers, American Indian 152.9 teachers, teachers' aides, representatives of community groups, 152.10 and persons knowledgeable in the field of American Indian 152.11 education, in the formulation of policy and procedures relating 152.12 to the administration of sections 126.45 to 126.55. 152.13 Subd. 2. [TECHNICAL ASSISTANCE.] The commissioner shall 152.14 provide technical assistance to districts, schools and 152.15 post-secondary institutions for preservice and in-service 152.16 training for American Indian education teachers and teacher's 152.17 aides, teaching methods, curriculum development, testing and 152.18 testing mechanisms, and the development of materials for 152.19 American Indian education programs. 152.20 Subd. 3. [APPLICATION FOR FUNDS.] The commissioner shall 152.21 apply for money which may be available under federal programs 152.22 for American Indian education, including funds for 152.23 administration, demonstration projects, training, technical 152.24 assistance, planning and evaluation. 152.25 Sec. 49. [120A.49] [COMMITTEES ON AMERICAN INDIAN 152.26 EDUCATION PROGRAMS.] 152.27 Subdivision 1. [ESTABLISHMENT.] The state board of 152.28 education shall create one or more American Indian education 152.29 committees. Members must include representatives of tribal 152.30 bodies, community groups, parents of children eligible to be 152.31 served by the programs, American Indian administrators and 152.32 teachers, persons experienced in the training of teachers for 152.33 American Indian education programs, persons involved in programs 152.34 for American Indian children in American Indian schools, and 152.35 persons knowledgeable in the field of American Indian 152.36 education. Members shall be appointed so as to be 153.1 representative of significant segments of the population of 153.2 American Indians. 153.3 Subd. 2. [ADVISE STATE BOARD OF EDUCATION.] Each committee 153.4 on American Indian education programs shall advise the state 153.5 board in the administration of its duties under sections 126.45 153.6 to 126.55 and other programs for the education of American 153.7 Indian people, as determined by the state board. 153.8 Subd. 3. [EXPENSES.] Each committee must be reimbursed for 153.9 expenses according to section 15.059, subdivision 6. The state 153.10 board must determine the membership terms and the duration of 153.11 each committee, which expire no later than June 30, 1997. 153.12 Sec. 50. [120A.50] [CONTINUATION OF INDIAN EDUCATION 153.13 GRANTS.] 153.14 Subdivision 1. [GRANTS; PROCEDURES.] Each fiscal year the 153.15 state board of education must make grants to no fewer than six 153.16 American Indian language and culture education programs. At 153.17 least three programs must be in urban areas and at least three 153.18 must be on or near reservations. The board of a local district, 153.19 a participating school or a group of boards may develop a 153.20 proposal for grants in support of American Indian language and 153.21 culture education programs. Proposals may provide for contracts 153.22 for the provision of program components by nonsectarian 153.23 nonpublic, community, tribal, or alternative schools. The 153.24 commissioner shall prescribe the form and manner of application 153.25 for grants, and no grant shall be made for a proposal not 153.26 complying with the requirements of sections 126.45 to 126.55. 153.27 The state board must submit all proposals to the state advisory 153.28 task force on American Indian language and culture education 153.29 programs for its recommendations concerning approval, 153.30 modification, or disapproval and the amounts of grants to 153.31 approved programs. 153.32 Subd. 2. [PLANS.] Each district or participating school 153.33 submitting a proposal under subdivision 1 must develop and 153.34 submit with the proposal a plan which shall: 153.35 (a) Identify the measures to be used to meet the 153.36 requirements of sections 126.45 to 126.55; 154.1 (b) Identify the activities, methods and programs to meet 154.2 the identified educational needs of the children to be enrolled 154.3 in the program; 154.4 (c) Describe how district goals and objectives as well as 154.5 the objectives of sections 126.45 to 126.55 are to be achieved; 154.6 (d) Demonstrate that required and elective courses as 154.7 structured do not have a discriminatory effect within the 154.8 meaning of section 126.48, subdivision 5; 154.9 (e) Describe how each school program will be organized, 154.10 staffed, coordinated, and monitored; and 154.11 (f) Project expenditures for programs under sections 126.45 154.12 to 126.55. 154.13 Subd. 3. [ADDITIONAL REQUIREMENTS.] Each district 154.14 receiving a grant under this section must each year conduct a 154.15 count of American Indian children in the schools of the 154.16 district; test for achievement; identify the extent of other 154.17 educational needs of the children to be enrolled in the American 154.18 Indian language and culture education program; and classify the 154.19 American Indian children by grade, level of educational 154.20 attainment, age and achievement. Participating schools must 154.21 maintain records concerning the needs and achievements of 154.22 American Indian children served. 154.23 Subd. 4. [NONDISCRIMINATION; TESTING.] In accordance with 154.24 recognized professional standards, all testing and evaluation 154.25 materials and procedures utilized for the identification, 154.26 testing, assessment and classification of American Indian 154.27 children must be selected and administered so as not to be 154.28 racially or culturally discriminatory and must be valid for the 154.29 purpose of identifying, testing, assessing, and classifying 154.30 American Indian children. 154.31 Subd. 5. [RECORDS.] Participating schools and districts 154.32 must keep records and afford access to them as the commissioner 154.33 finds necessary to ensure that American Indian language and 154.34 culture education programs are implemented in conformity with 154.35 sections 126.45 to 126.55. Each school district or 154.36 participating school must keep accurate, detailed, and separate 155.1 revenue and expenditure accounts for pilot American Indian 155.2 language and culture education programs funded under this 155.3 section. 155.4 Subd. 6. [MONEY FROM OTHER SOURCES.] A district or 155.5 participating school providing American Indian language and 155.6 culture education programs shall be eligible to receive moneys 155.7 for these programs from other government agencies and from 155.8 private sources when the moneys are available. 155.9 Subd. 7. [EXCEPTIONS.] Nothing in sections 126.45 to 155.10 126.55 shall be construed as prohibiting a district or school 155.11 from implementing an American Indian language and culture 155.12 education program which is not in compliance with sections 155.13 126.45 to 126.55 if the proposal and plan for that program is 155.14 not funded pursuant to this section. 155.15 Sec. 51. [120A.51] [CONSTRUCTION.] 155.16 Nothing in the provisions of sections 126.45 to 126.55 155.17 shall be construed to violate the provisions of section 127.08 155.18 or chapter 363. Programs and activities pursuant to sections 155.19 126.45 to 126.55 shall be deemed to be positive action programs 155.20 to combat discrimination. 155.21 Sec. 52. [120A.52] [CURRENT FUNDING FOR SECONDARY 155.22 VOCATIONAL EDUCATION.] 155.23 Subdivision 1. [AIDS PAID ON CURRENT FUNDING BASIS.] The 155.24 state shall pay aids for secondary vocational programs on a 155.25 current funding basis. 155.26 Subd. 2. [LIMIT.] The commissioner may withhold all or any 155.27 portion of the aid paid under this section for a secondary 155.28 vocational education program which receives funds from any other 155.29 source. A district or center must not receive a total amount of 155.30 state aid pursuant to this section which, when added to funds 155.31 from other sources, will provide the program an amount for 155.32 salaries and travel which exceeds 100 percent of the amount of 155.33 its expenditures for salaries and travel in the program. 155.34 Subd. 3. [SECONDARY VOCATIONAL AID.] A district's 155.35 secondary vocational education aid for a fiscal year equals the 155.36 lesser of: 156.1 (a) $80 times the district's average daily membership in 156.2 grades 10 to 12; or 156.3 (b) 25 percent of approved expenditures for the following: 156.4 (1) salaries paid to essential, licensed personnel 156.5 providing direct instructional services to students in that 156.6 fiscal year for services rendered in the district's approved 156.7 secondary vocational education programs; 156.8 (2) contracted services provided by a public or private 156.9 agency other than a Minnesota school district or cooperative 156.10 center under subdivision 3a; 156.11 (3) necessary travel between instructional sites by 156.12 licensed secondary vocational education personnel; 156.13 (4) necessary travel by licensed secondary vocational 156.14 education personnel for vocational student organization 156.15 activities held within the state for instructional purposes; 156.16 (5) curriculum development activities that are part of a 156.17 five-year plan for improvement based on program assessment; 156.18 (6) necessary travel by licensed secondary vocational 156.19 education personnel for noncollegiate credit bearing 156.20 professional development; and 156.21 (7) specialized vocational instructional supplies. 156.22 (c) Up to ten percent of a district's secondary vocational 156.23 aid may be spent on equipment purchases. Districts using 156.24 secondary vocational aid for equipment purchases must report to 156.25 the department on the improved learning opportunities for 156.26 students that result from the investment in equipment. 156.27 Subd. 4. [ALLOCATION FROM COOPERATIVE CENTERS AND 156.28 INTERMEDIATE DISTRICTS.] For purposes of subdivisions 3, 156.29 paragraph (b), and 5, paragraph (b), a cooperative center or an 156.30 intermediate district must allocate its approved expenditures 156.31 for secondary vocational education programs among participating 156.32 districts. For purposes of subdivision 5, paragraph (a), a 156.33 cooperative center or an intermediate district must allocate its 156.34 secondary vocational aid for fiscal year 1994 among 156.35 participating districts. For 1995 and later fiscal years, 156.36 secondary vocational aid for services provided by a cooperative 157.1 center or an intermediate district shall be paid to the 157.2 participating district. 157.3 Subd. 5. [AID GUARANTEE.] Notwithstanding subdivision 3, 157.4 the secondary vocational education aid for a district is not 157.5 less than the lesser of: 157.6 (a) 95 percent of the secondary vocational education aid 157.7 the district received for the previous fiscal year; or 157.8 (b) 40 percent of the approved expenditures for secondary 157.9 vocational programs included in subdivision 3, paragraph (b). 157.10 Subd. 6. [COMPLIANCE WITH RULES.] Aid must be paid under 157.11 this section only for services rendered or for costs incurred in 157.12 secondary vocational education programs approved by the 157.13 commissioner and operated in accordance with rules promulgated 157.14 by the state board. The rules must provide minimum 157.15 student-staff ratios required for a secondary vocational 157.16 education program area to qualify for this aid. The rules must 157.17 not require the collection of data at the program or course 157.18 level to calculate secondary vocational aid. The rules must not 157.19 require any minimum number of administrative staff, any minimum 157.20 period of coordination time or extended employment for secondary 157.21 vocational education personnel, or the availability of 157.22 vocational student activities or organizations for a secondary 157.23 vocational education program to qualify for this aid. The 157.24 requirement in these rules that program components be available 157.25 for a minimum number of hours must not be construed to prevent 157.26 pupils from enrolling in secondary vocational education courses 157.27 on an exploratory basis for less than a full school year. The 157.28 state board must not require a district to offer more than four 157.29 credits or 560 hours of vocational education course offerings in 157.30 any school year. Rules relating to secondary vocational 157.31 education programs must not incorporate the provisions of the 157.32 state plan for vocational education by reference. The aid shall 157.33 be paid only for services rendered and for costs incurred by 157.34 essential, licensed personnel who meet the work experience 157.35 requirements for licensure pursuant to the rules of the state 157.36 board. Licensed personnel means persons holding a valid 158.1 secondary vocational license issued by the commissioner. If an 158.2 average of five or fewer secondary full-time equivalent students 158.3 are enrolled per teacher in an approved post-secondary program 158.4 at intermediate district No. 287, 916, or 917, licensed 158.5 personnel means persons holding a valid vocational license 158.6 issued by the commissioner, the state board for vocational 158.7 technical education, or the board of trustees of the Minnesota 158.8 state colleges and universities. Notwithstanding section 158.9 124.15, the commissioner may modify or withdraw the program or 158.10 aid approval and withhold aid under this section without 158.11 proceeding under section 124.15 at any time. To do so, the 158.12 commissioner must determine that the program does not comply 158.13 with rules of the state board or that any facts concerning the 158.14 program or its budget differ from the facts in the district's 158.15 approved application. 158.16 Subd. 7. [AID FOR CONTRACTED SERVICES.] In addition the 158.17 provisions of subdivisions 2 and 6, a school district or 158.18 cooperative center may contract with a public or private agency 158.19 other than a Minnesota school district or cooperative center for 158.20 the provision of secondary vocational education services. The 158.21 state board must promulgate rules relating to program approval 158.22 procedures and criteria for these contracts and aid must be paid 158.23 only for contracts approved by the commissioner. The district 158.24 or cooperative center contracting for these services must be 158.25 construed to be providing the services. 158.26 Subd. 8. [DISTRICT REPORTS.] Each district or cooperative 158.27 center must report data to the department for all secondary 158.28 vocational education programs as required by the department to 158.29 implement the secondary vocational aid formula. 158.30 Sec. 53. [120A.53] [SECONDARY VOCATIONAL EDUCATION FOR 158.31 CHILDREN WITH A DISABILITY.] 158.32 Subdivision 1. [PURPOSE.] The purpose of this section is 158.33 to provide a method to fund programs for secondary vocational 158.34 education for children with a disability. As used in this 158.35 section, the term "children with a disability" shall have the 158.36 meaning ascribed to it in section 120.03. 159.1 Subd. 2. [DEFINITIONS.] For the purposes of this section 159.2 and section 124.321, the definitions in this subdivision apply. 159.3 (a) "Base year" for fiscal year 1996 means fiscal year 1995. 159.4 Base year for later fiscal years means the second fiscal year 159.5 preceding the fiscal year for which aid will be paid. 159.6 (b) "Basic revenue" has the meaning given it in section 159.7 124A.22, subdivision 2. For the purposes of computing basic 159.8 revenue pursuant to this section, each child with a disability 159.9 shall be counted as prescribed in section 124.17, subdivision 1. 159.10 (c) "Average daily membership" has the meaning given it in 159.11 section 124.17. 159.12 (d) "Program growth factor" means 1.00 for fiscal year 1998 159.13 and later. 159.14 (e) "Aid percentage factor" means 60 percent for fiscal 159.15 year 1996, 70 percent for fiscal year 1997, 80 percent for 159.16 fiscal year 1998, 90 percent for fiscal year 1999, and 100 159.17 percent for fiscal year 2000 and later. 159.18 Subd. 3. [BASE REVENUE.] The secondary vocational disabled 159.19 program base revenue equals the sum of the following amounts 159.20 computed using base year data: 159.21 (1) 68 percent of the salary of each essential licensed 159.22 person who provides direct instructional services to students 159.23 employed during that fiscal year for services rendered in that 159.24 district's secondary vocational education programs for children 159.25 with a disability; 159.26 (2) 47 percent of the costs of necessary equipment for 159.27 secondary vocational education programs for children with a 159.28 disability; 159.29 (3) 47 percent of the costs of necessary travel between 159.30 instructional sites by secondary vocational education teachers 159.31 of children with a disability but not including travel to and 159.32 from local, regional, district, state, or national vocational 159.33 student organization meetings; 159.34 (4) 47 percent of the costs of necessary supplies for 159.35 secondary vocational education programs for children with a 159.36 disability but not to exceed an average of $47 in any one school 160.1 year for each child with a disability receiving these services; 160.2 (5) for secondary vocational education programs for 160.3 children with disabilities provided by a contract approved by 160.4 the commissioner with public, private, or voluntary agencies 160.5 other than a Minnesota school district or cooperative center, in 160.6 place of programs provided by the district, 52 percent of the 160.7 difference between the amount of the contract and the basic 160.8 revenue of the district for that pupil for the fraction of the 160.9 school day the pupil receives services under the contract; 160.10 (6) for secondary vocational education programs for 160.11 children with disabilities provided by a contract approved by 160.12 the commissioner with public, private, or voluntary agencies 160.13 other than a Minnesota school district or cooperative center, 160.14 that are supplementary to a full educational program provided by 160.15 the school district, 52 percent of the amount of the contract; 160.16 and 160.17 (7) for a contract approved by the commissioner with 160.18 another Minnesota school district or cooperative center for 160.19 vocational evaluation services for children with a disability 160.20 for children that are not yet enrolled in grade 12, 52 percent 160.21 of the amount of the contract. 160.22 Subd. 4. [ADJUSTED SECONDARY VOCATIONAL-DISABLED BASE 160.23 REVENUE.] For fiscal year 1996 and later, a district's adjusted 160.24 secondary vocational-disabled base revenue equals the district's 160.25 secondary vocational-disabled base revenue times the ratio of 160.26 the district's average daily membership for the current school 160.27 year to the district's average daily membership for the base 160.28 year. 160.29 Subd. 5. [STATE TOTAL SECONDARY VOCATIONAL-DISABLED 160.30 REVENUE.] The state total secondary vocational-disabled revenue 160.31 for fiscal year 1996 equals $8,520,000. The state total 160.32 secondary vocational-disabled revenue for fiscal year 1997 160.33 equals $8,830,000. The state total secondary 160.34 vocational-disabled revenue for later fiscal years equals: 160.35 (1) the state total secondary vocational-disabled revenue 160.36 for the preceding fiscal year; times 161.1 (2) the program growth factor; times 161.2 (3) the ratio of the state total average daily membership 161.3 for the current fiscal year to the state total average daily 161.4 membership for the preceding fiscal year. 161.5 Subd. 6. [SCHOOL DISTRICT SECONDARY VOCATIONAL-DISABLED 161.6 REVENUE.] (a) A district's secondary vocational-disabled revenue 161.7 for fiscal year 1996 and later equals the state total secondary 161.8 vocational-disabled revenue, minus the amount determined under 161.9 paragraph (b), times the ratio of the district's adjusted 161.10 secondary vocational-disabled base revenue to the state total 161.11 adjusted secondary vocational-disabled base revenue. 161.12 (b) Notwithstanding paragraph (a), if the secondary 161.13 vocational-disabled base revenue for a district equals zero and 161.14 no district residents were enrolled in secondary 161.15 vocational-disabled programs during the base year, the secondary 161.16 vocational-disabled revenue equals the amount computed according 161.17 to subdivision 2d using current year data. 161.18 Subd. 7. [SCHOOL DISTRICT SECONDARY VOCATIONAL-DISABLED 161.19 AID.] A district's secondary vocational-disabled aid for fiscal 161.20 year 1996 and later equals the district's secondary 161.21 vocational-disabled revenue times the aid percentage factor for 161.22 that year. 161.23 Subd. 8. [APPROVED PROGRAMS.] The aid provided pursuant to 161.24 this section must be paid only for services rendered or for the 161.25 costs which are incurred in secondary vocational education 161.26 programs for children with a disability which are approved by 161.27 the commissioner and operated in accordance with rules 161.28 promulgated by the state board. These rules are subject to the 161.29 restrictions provided in section 124.573, subdivision 3. The 161.30 procedure for application for approval of these programs is as 161.31 provided in section 124.32, subdivisions 7 and 10. The 161.32 application review process must be conducted by the vocational 161.33 education section of the state department. 161.34 Subd. 9. [PAYMENT TO DISTRICT.] Aid pursuant to this 161.35 section must be paid to the district or cooperative center 161.36 providing the services. Aid received by a district or center 162.1 from any source for secondary vocational education for children 162.2 with a disability must be utilized solely for that purpose. 162.3 Subd. 10. [PROHIBITED AID.] A district shall not receive 162.4 aid pursuant to section 124.3201, 124.3202, 124.321, or 124.573 162.5 for salaries, supplies, travel or equipment for which the 162.6 district receives aid pursuant to this section. 162.7 Subd. 11. [REVENUE ALLOCATION FROM COOPERATIVE CENTERS AND 162.8 INTERMEDIATE DISTRICTS.] For purposes of this section and 162.9 section 124.321, a cooperative center or an intermediate 162.10 district must allocate its approved expenditures for secondary 162.11 vocational programs for children with a disability among 162.12 participating school districts. Aid for secondary vocational 162.13 programs for children with a disability for services provided by 162.14 a cooperative or intermediate district must be paid to the 162.15 participating districts. 162.16 Sec. 54. [120A.54] [GRADUATION INCENTIVES PROGRAM.] 162.17 Subdivision 1. [PURPOSE.] The legislature finds that it is 162.18 critical to provide options for children to succeed in school. 162.19 Therefore, the purpose of this section is to provide incentives 162.20 for and encourage all Minnesota students who have experienced or 162.21 are experiencing difficulty in the traditional education system 162.22 to enroll in alternative programs. 162.23 Subd. 2. [ELIGIBLE PUPILS.] The following pupils are 162.24 eligible to participate in the education options program: 162.25 (a) any pupil under the age of 21 who: 162.26 (1) performs substantially below the performance level for 162.27 pupils of the same age in a locally determined achievement test; 162.28 or 162.29 (2) is at least one year behind in satisfactorily 162.30 completing coursework or obtaining credits for graduation; or 162.31 (3) is pregnant or is a parent; or 162.32 (4) has been assessed as chemically dependent; or 162.33 (5) has been excluded or expelled according to sections 162.34 127.26 to 127.39; or 162.35 (6) has been referred by a school district for enrollment 162.36 in an eligible program or a program pursuant to section 126.23; 163.1 or 163.2 (7) is a victim of physical or sexual abuse; or 163.3 (8) has experienced mental health problems; or 163.4 (9) has experienced homelessness sometime within six months 163.5 before requesting a transfer to an eligible program; or 163.6 (10) speaks English as a second language or has limited 163.7 English proficiency; or 163.8 (b) any person who is at least 21 years of age and who: 163.9 (1) has received fewer than 14 years of public or nonpublic 163.10 education, beginning at age 5; 163.11 (2) has not completed the requirements for a high school 163.12 diploma; and 163.13 (3) at the time of application, (i) is eligible for 163.14 reemployment insurance benefits or has exhausted the benefits, 163.15 (ii) is eligible for, or is receiving income maintenance and 163.16 support services, as defined in section 268.0111, subdivision 5, 163.17 or (iii) is eligible for services under the displaced homemaker 163.18 program, state wage-subsidy program, or any programs under the 163.19 federal Jobs Training Partnership Act or its successor. 163.20 Subd. 3. [ELIGIBLE PROGRAMS.] (a) A pupil who is eligible 163.21 according to subdivision 2 may enroll in area learning centers 163.22 under sections 124C.45 to 124C.48, or according to section 163.23 121.11, subdivision 12. 163.24 (b) A pupil who is eligible according to subdivision 2 and 163.25 who is between the ages of 16 and 21 may enroll in 163.26 post-secondary courses under section 123.3514. 163.27 (c) A pupil who is eligible under subdivision 2, may enroll 163.28 in any public elementary or secondary education program. 163.29 However, a person who is eligible according to subdivision 2, 163.30 clause (b), may enroll only if the school board has adopted a 163.31 resolution approving the enrollment. 163.32 (d) A pupil who is eligible under subdivision 2, may enroll 163.33 in any nonprofit, nonpublic, nonsectarian school that has 163.34 contracted with the serving school district to provide 163.35 educational services. 163.36 (e) A pupil who is between the ages of 16 and 21 may enroll 164.1 in any adult basic education programs approved under section 164.2 124.26 and operated under the community education program 164.3 contained in section 121.88. 164.4 Subd. 4. [ADDITIONAL ELIGIBLE PROGRAM.] A pupil who is at 164.5 least 16 years of age, who is eligible under subdivision 2, 164.6 clause (a), and who has been enrolled only in a public school, 164.7 if the pupil has been enrolled in any school, during the year 164.8 immediately before transferring under this subdivision, may 164.9 transfer to any nonprofit, nonpublic school that has contracted 164.10 with the serving school district to provide nonsectarian 164.11 educational services. Such a school must enroll every eligible 164.12 pupil who seeks to transfer to the school under this program 164.13 subject to available space. 164.14 Subd. 5. [PUPIL ENROLLMENT.] Any eligible pupil may apply 164.15 to enroll in an eligible program. Approval of the resident 164.16 district is not required for: 164.17 (1) an eligible pupil to enroll in any eligible program in 164.18 a nonresident district under subdivision 3 or 4 or an area 164.19 learning center established under section 124C.45; or 164.20 (2) an eligible pupil under subdivision 2, to enroll in an 164.21 adult basic education program approved under section 124.26. 164.22 Subd. 6. [DISSEMINATION OF INFORMATION.] A district must 164.23 disseminate information, developed by the department, about the 164.24 graduation incentives program to residents in the district who 164.25 are under the age of 21. 164.26 Subd. 7. [DESEGREGATION PLANS.] Notwithstanding any 164.27 provision to the contrary, students may not enroll in a 164.28 nonresident district under this section if their enrollment in 164.29 another district would result in a violation of a district's 164.30 desegregation plan, as mandated and approved by the state board 164.31 of education. 164.32 Subd. 8. [AID ADJUSTMENTS.] General education aid, capital 164.33 expenditure aid, and transportation aid attributable to a pupil 164.34 covered by programs under this section must be paid according to 164.35 sections 124A.036, subdivision 5, 124.245, subdivision 6, and 164.36 124.225, subdivision 8l, respectively. 165.1 Subd. 9. [ENROLLMENT VERIFICATION.] (a) For a pupil 165.2 attending an eligible program full time under subdivision 3, 165.3 paragraph (d), the department must pay 90 percent of the basic 165.4 revenue of the district to the eligible program and ten percent 165.5 of the basic revenue to the resident district within 30 days 165.6 after the eligible program verifies enrollment using the form 165.7 provided by the department. For a pupil attending an eligible 165.8 program part time, basic revenue shall be reduced 165.9 proportionately, according to the amount of time the pupil 165.10 attends the program, and the payments to the eligible program 165.11 and the resident district shall be reduced accordingly. A pupil 165.12 for whom payment is made according to this section may not be 165.13 counted by any district for any purpose other than computation 165.14 of basic revenue, according to section 124A.22, subdivision 2. 165.15 If payment is made for a pupil under this subdivision, a school 165.16 district shall not reimburse a program under section 126.23 for 165.17 the same pupil. 165.18 (b) The department must pay up to 100 percent of the basic 165.19 revenue to the eligible program if there is an agreement to that 165.20 effect between the district and the eligible program. 165.21 Sec. 55. [120A.55] [AID FOR CONTRACTED ALTERNATIVE 165.22 PROGRAMS.] 165.23 Subdivision 1. [AID.] If a pupil enrolls in an alternative 165.24 program, eligible under section 126.22, subdivision 3, paragraph 165.25 (d), or subdivision 3a, operated by a private organization that 165.26 has contracted with a school district to provide educational 165.27 services for eligible pupils under section 126.22, subdivision 165.28 2, the district contracting with the private organization must 165.29 reimburse the provider an amount equal to at least 90 percent of 165.30 the basic revenue of the district for each pupil attending the 165.31 program full time. For a pupil attending the program part time, 165.32 basic revenue paid to the program must be reduced 165.33 proportionately, according to the amount of time the pupil 165.34 attends the program, and basic revenue paid to the district 165.35 shall be reduced accordingly. Pupils for whom a district 165.36 provides reimbursement may not be counted by the district for 166.1 any purpose other than computation of basic revenue, according 166.2 to section 124A.22, subdivision 2. If payment is made to a 166.3 district or program for a pupil under this section, the 166.4 department must not make a payment for the same pupil under 166.5 section 126.22, subdivision 8. 166.6 Subd. 2. [RESERVE ACCOUNT.] During the term of the 166.7 contract to provide educational services under subdivision 1, 166.8 all state aid under subdivision 1 accrues to the account 166.9 assigned to the alternative program site and is reserved for 166.10 that site. 166.11 Sec. 56. [120A.56] [EDUCATION PROGRAM FOR PREGNANT MINORS 166.12 AND MINOR PARENTS.] 166.13 Upon request, a district must make available to a pregnant 166.14 minor or a minor custodial parent an educational program to 166.15 enable the minor to earn a high school diploma. The department 166.16 must develop program designs and provide districts with 166.17 technical assistance. A district's educational program must use 166.18 appropriate community services and must recognize each pupil's 166.19 individual needs and parental responsibilities. The district 166.20 must designate at least one person to review quarterly each 166.21 pupil's progress in the program. 166.22 If a pupil receives social services according to section 166.23 257.33 or employment and training services according to section 166.24 256.736, the district must develop the pupil's educational 166.25 program in consultation with the providers of the services and 166.26 shall provide a liaison when necessary. The pupil may request 166.27 that an adult, selected by the pupil, assist in developing the 166.28 educational program. 166.29 Sec. 57. [120A.57] [SUMMER CULTURAL EXCHANGE GRANT 166.30 PROGRAM.] 166.31 Subdivision 1. [CULTURAL EXCHANGE PROGRAM GOALS.] A 166.32 cultural exchange grant program is established to develop and 166.33 create opportunities for children and staff of different ethnic, 166.34 racial, and other cultural backgrounds to experience educational 166.35 and social exchange. Student and staff exchanges under this 166.36 section may only take place between a district with a 167.1 desegregation plan approved by the state board of education and 167.2 a district without a desegregation plan. Participating school 167.3 districts shall offer summer programs for credit with the goals 167.4 set forth in paragraphs (a) to (d). 167.5 (a) The program must develop curriculum reflective of 167.6 particular ethnic, racial, and other cultural aspects of various 167.7 demographic groups in the state. 167.8 (b) The program must develop immersion programs that are 167.9 coordinated with the programs offered in paragraph (a). 167.10 (c) The program must create opportunities for students from 167.11 across the state to enroll in summer programs in districts other 167.12 than the one of residence, or in other schools within their 167.13 district of residence. 167.14 (d) The program must create opportunities for staff 167.15 exchanges on a cultural basis. 167.16 Subd. 2. [CULTURAL EXCHANGE GRANTS.] A district together 167.17 with a group of districts, a cooperative governmental unit, the 167.18 center for arts and education, or a post-secondary institution 167.19 may apply for cultural exchange grants. The commissioner shall 167.20 determine grant recipients and may adopt application 167.21 guidelines. The grants must be competitively determined and 167.22 applicants must demonstrate: 167.23 (1) the capacity to develop a focused curriculum that 167.24 reflects the particular ethnic, racial, and other cultural 167.25 aspects of the community in which the school where the program 167.26 is offered is located; 167.27 (2) the capacity to develop immersion programs coordinated 167.28 with the curriculum developed in clause (1); 167.29 (3) the capacity to coordinate a cultural exchange program 167.30 with other curriculum programs to assure continuity in a pupil's 167.31 education; 167.32 (4) the capacity to maximize diversity of ethnic, racial, 167.33 and other cultural backgrounds of participants; 167.34 (5) that the application is jointly developed by 167.35 participants; and 167.36 (6) that the outcomes of the exchange program are clearly 168.1 articulated. 168.2 Subd. 3. [GRANT USE.] The grants may be used for staff 168.3 time including salary and benefit expenses and costs for 168.4 substitute staff, travel expenses, curriculum materials, and any 168.5 other expense needed to meet the goals of the program. Grant 168.6 proceeds also may be used for transportation, board, and lodging 168.7 expenses for students. 168.8 Sec. 58. [120A.58] [METROPOLITAN MAGNET SCHOOL GRANTS.] 168.9 Subdivision 1. [POLICY AND PURPOSE.] A metropolitan magnet 168.10 school grant program is established for the purpose of promoting 168.11 integrated education for students in prekindergarten through 168.12 grade 12, increasing mutual understanding among all students, 168.13 and addressing the inability of local school districts to 168.14 provide required construction funds through local property 168.15 taxes. The program seeks to encourage districts located in 168.16 whole or in part within the seven-county metropolitan area to 168.17 make available to school age children residing in the 168.18 metropolitan area those educational programs, services, and 168.19 facilities that are essential to meeting all children's needs 168.20 and abilities. The program anticipates using the credit of the 168.21 state, to a limited degree, to provide grants to metropolitan 168.22 area school districts to improve the educational opportunities 168.23 and academic achievement of disadvantaged children and the 168.24 facilities that are available to those children. 168.25 Subd. 2. [APPROVAL AUTHORITY; APPLICATION FORMS.] To the 168.26 extent money is available, the commissioner may approve projects 168.27 from applications submitted under this section. The grant money 168.28 must be used only to design, acquire, construct, remodel, 168.29 improve, furnish, or equip the building or site of a magnet 168.30 school facility according to contracts entered into within 15 168.31 months after the date on which a grant is awarded. 168.32 Subd. 3. [GRANT APPLICATION PROCESS.] (a) Any group of 168.33 school districts that meets the criteria required under 168.34 paragraph (b)(i) may apply for a magnet school grant in an 168.35 amount not to exceed $10,000,000 for the approved costs of a 168.36 magnet school facility. 169.1 (b)(i) Any group of districts that submits an application 169.2 for a grant shall submit a proposal to the commissioner for 169.3 review and comment under section 121.15, and the commissioner 169.4 shall prepare a review and comment on the proposed magnet school 169.5 facility, regardless of the amount of the capital expenditure 169.6 required to design, acquire, construct, remodel, improve, 169.7 furnish, or equip the facility. The commissioner must not 169.8 approve an application for a magnet school grant for any 169.9 facility unless the facility receives a favorable review and 169.10 comment under section 121.15 and the participating districts: 169.11 (1) establish a joint powers board under section 471.59 to 169.12 represent all participating districts and govern the magnet 169.13 school facility; 169.14 (2) design the planned magnet school facility to meet the 169.15 applicable requirements contained in Minnesota Rules, chapter 169.16 3535; 169.17 (3) submit a statement of need, including reasons why the 169.18 magnet school will facilitate integration and improve learning; 169.19 (4) prepare an educational plan that includes input from 169.20 both community and professional staff; and 169.21 (5) develop an education program that will improve learning 169.22 opportunities for students attending the magnet school. 169.23 (ii) The districts may develop a plan that permits social 169.24 service, health, and other programs serving students and 169.25 community residents to be located within the magnet school 169.26 facility. The commissioner shall consider this plan when 169.27 preparing a review and comment on the proposed facility. 169.28 (c) When two or more districts enter into an agreement 169.29 establishing a joint powers board to govern the magnet school 169.30 facility, all member districts shall have the same powers. 169.31 (d) A joint powers board of participating school districts 169.32 established under paragraphs (b) and (c) that intends to apply 169.33 for a grant must adopt a resolution stating the costs of the 169.34 proposed project, the purpose for which the debt is to be 169.35 incurred, and an estimate of the dates when the contracts for 169.36 the proposed project will be completed. A copy of the 170.1 resolution must accompany any application for a state grant 170.2 under this section. 170.3 (e)(i) The commissioner shall examine and consider all 170.4 grant applications. If the commissioner finds that any joint 170.5 powers district is not a qualified grant applicant, the 170.6 commissioner shall promptly notify that joint powers board. The 170.7 commissioner shall make awards to no more than two qualified 170.8 applicants whose applications have been on file with the 170.9 commissioner more than 30 days. 170.10 (ii) A grant award is subject to verification by the joint 170.11 powers board under paragraph (f). A grant award must not be 170.12 made until the participating districts determine the site of the 170.13 magnet school facility. If the total amount of the approved 170.14 applications exceeds the amount of grant funding that is or can 170.15 be made available, the commissioner shall allot the available 170.16 amount equally between the approved applicant districts. The 170.17 commissioner shall promptly certify to each qualified joint 170.18 powers board the amount, if any, of the grant awarded to it. 170.19 (f) Each grant must be evidenced by a contract between the 170.20 joint powers board and the state acting through the 170.21 commissioner. The contract obligates the state to pay to the 170.22 joint powers board an amount computed according to paragraph 170.23 (e)(ii) and a schedule, and terms and conditions acceptable to 170.24 the commissioner of finance. 170.25 Sec. 59. [120A.59] [CITATION.] 170.26 Sections 120A.59 to 120A.61 may be cited as the 170.27 "Desegregation Capital Improvement Grant Act." 170.28 Sec. 60. [120A.60] [APPROVAL AUTHORITY; APPLICATION 170.29 FORMS.] 170.30 Subdivision 1. [APPROVAL BY COMMISSIONER.] The 170.31 commissioner may approve or disapprove applications under 170.32 section 120A.61. The grant money must be used only to remodel 170.33 or improve a building or site under contracts to be entered into 170.34 within 15 months after the date each grant is awarded. 170.35 Subd. 2. [APPLICATION FORMS.] The commissioner shall 170.36 prepare application forms and establish application dates. 171.1 Subd. 3. [CRITERIA.] A district applying for a grant under 171.2 this section must match with local district funds to be used for 171.3 construction, enlarging, or modifying school buildings. The 171.4 commissioner shall determine that the costs are directly related 171.5 to reducing or eliminating racial imbalance and are part of an 171.6 approved desegregation plan. The district must also certify 171.7 that the district has sought all available federal funds before 171.8 submitting a grant application. 171.9 Sec. 61. [120A.61] [GRANT APPLICATION PROCESS.] 171.10 Subdivision 1. [QUALIFICATION.] A district that meets the 171.11 criteria required under subdivision 2 may apply for a grant in 171.12 an amount up to 50 percent of the approved costs of remodeling 171.13 or improvement. 171.14 Subd. 2. [REVIEW BY COMMISSIONER.] A district that submits 171.15 an application for a grant must submit a proposal to the 171.16 commissioner for review and comment under section 121.15, and 171.17 the commissioner shall prepare a review and comment on the 171.18 proposed facility, regardless of the amount of the capital 171.19 expenditure required to remodel or improve the building or 171.20 site. The commissioner shall not approve an application for a 171.21 grant for a building or site unless the building or site 171.22 receives a favorable review and comment under section 121.15 and 171.23 is recommended by the commissioner as part of the district's 171.24 approved desegregation plan. 171.25 Subd. 3. [AWARD OF GRANTS.] The commissioner shall examine 171.26 and consider all applications for grants, and if a district is 171.27 found not qualified, the commissioner shall promptly notify the 171.28 district board. If the total amount of the applications exceeds 171.29 the amount that is or can be made available, the commissioner 171.30 shall prorate the available amount among the qualified applicant 171.31 districts, according to the commissioner's judgment and 171.32 discretion based upon their respective needs. The commissioner 171.33 shall promptly certify to each district the amount, if any, of 171.34 the grant awarded to it. 171.35 Subd. 4. [MATCHING REVENUE.] Upon being awarded a grant 171.36 under subdivision 3, the board must determine the need to bond 172.1 for additional revenue. If the board determines that there is 172.2 no need to bond, it must certify to the commissioner that other 172.3 funds are available for the purpose. If a bond issue is 172.4 required, the board must submit, within 90 days, the question of 172.5 authorizing the borrowing of funds for remodeling or 172.6 improvements to the voters of the district at a special 172.7 election, that may be held in conjunction with the annual 172.8 election of the school board members. If a majority of those 172.9 voting on the question do not vote in the affirmative, and the 172.10 district does not have other funds available, the grant must be 172.11 canceled. 172.12 Subd. 5. [PROJECT BUDGET.] A district that receives a 172.13 grant must provide the commissioner with the project budget and 172.14 any other information the commissioner requests. 172.15 Sec. 62. [120A.62] [ISSUANCE AND SALE OF BONDS.] 172.16 To provide money for grants under the desegregation capital 172.17 improvement grant act, the commissioner of finance, upon the 172.18 request of the commissioner of children, families, and learning, 172.19 shall issue and sell bonds of the state up to the amount of 172.20 $2,000,000 in the manner, upon the terms, and with the effect 172.21 prescribed by sections 16A.631 to 16A.675 and the Minnesota 172.22 Constitution, article XI, sections 4 to 7. 172.23 ARTICLE 3 172.24 CHAPTER 120B 172.25 COMMUNITY EDUCATION 172.26 Section 1. [120B.01] [DEFINITIONS.] 172.27 For the purposes of this chapter, the words defined in 172.28 section 120.02 have the same meaning. 172.29 Sec. 2. [120B.02] [HEARING IMPAIRED EDUCATIONAL SUPPORT 172.30 SERVICES.] 172.31 Subdivision 1. [RESPONSIBILITY OF COMMISSIONER.] The 172.32 commissioner shall coordinate and may pay for support services 172.33 for hearing impaired persons to assure access to educational 172.34 opportunities. Services may be provided to adult students who 172.35 are hearing impaired and (a) have been denied access to 172.36 educational opportunities because of the lack of support 173.1 services or (b) are presently enrolled or (c) are contemplating 173.2 enrollment in an educational program and would benefit from 173.3 support services. The commissioner shall also be responsible 173.4 for conducting in-service training for public and private 173.5 agencies regarding the needs of hearing impaired persons in the 173.6 adult education system. 173.7 Subd. 2. [SUPPORT SERVICES.] The state board may pay 173.8 school districts or public or private community agencies for the 173.9 following support services: 173.10 (a) Interpreter services to provide translation for an 173.11 individual or a group of students; or 173.12 (b) Notetaker services to convert spoken language to 173.13 written language when the student must maintain visual contact 173.14 with other persons such as an interpreter or instructor. 173.15 Subd. 3. [PROGRAMS INCLUDED.] Support services may be 173.16 provided for: 173.17 (a) Local school district adult education programs; 173.18 (b) Adult technical college programs; and 173.19 (c) Avocational education programs sponsored by public or 173.20 private community agencies. 173.21 Sec. 3. [120B.03] [HEALTH STANDARDS; IMMUNIZATIONS; SCHOOL 173.22 CHILDREN.] 173.23 Subdivision 1. [DEFINITIONS.] As used in this section the 173.24 following terms have the meanings given them. 173.25 (a) "Elementary or secondary school" includes any public 173.26 school as defined in section 120.05, or nonpublic school, 173.27 church, or religious organization, or home school in which a 173.28 child is provided instruction in compliance with sections 173.29 120.101 and 120.102. 173.30 (b) "Person enrolled in any elementary or secondary school" 173.31 means a person born after 1956 and enrolled in grades 173.32 kindergarten through 12, and a child with a disability receiving 173.33 special instruction and services as required in section 120.17, 173.34 excluding a child being provided services according to section 173.35 120.17, subdivision 2, clause (c) or (g). 173.36 (c) "Child care facility" includes those child care 174.1 programs subject to licensure under chapter 245A, and Minnesota 174.2 Rules, chapters 9502 and 9503. 174.3 (d) "Family child care" means child care for no more than 174.4 ten children at one time of which no more than six are under 174.5 school age. The licensed capacity must include all children of 174.6 any caregiver when the children are present in the residence. 174.7 (e) "Group family child care" means child care for no more 174.8 than 14 children at any one time. The total number of children 174.9 includes all children of any caregiver when the children are 174.10 present in the residence. 174.11 Subd. 2. [IMMUNIZATION STATEMENT.] Except as provided in 174.12 subdivisions 3 and 4, no person over two months old may be 174.13 allowed to enroll or remain enrolled in any elementary or 174.14 secondary school or child care facility in this state until the 174.15 person has submitted to the administrator or other person having 174.16 general control and supervision of the school or child care 174.17 facility, one of the following statements: 174.18 (1) a statement from a physician or a public clinic which 174.19 provides immunizations stating that the person has received 174.20 immunization, consistent with medically acceptable standards and 174.21 with the provisions of subdivision 10, against measles after 174.22 having attained the age of 12 months, rubella, diphtheria, 174.23 tetanus, pertussis, polio, mumps, and haemophilus influenza type 174.24 b; or 174.25 (2) a statement from a physician or a public clinic which 174.26 provides immunizations stating that the person has received 174.27 immunizations, consistent with medically acceptable standards 174.28 and with the provisions of subdivision 10, against measles after 174.29 having attained the age of 12 months, rubella, mumps, and 174.30 haemophilus influenza type b and that the person has commenced a 174.31 schedule of immunizations for diphtheria, tetanus, pertussis, 174.32 and polio and which indicates the month and year of each 174.33 immunization received. 174.34 Subd. 3. [SCHEDULE OF IMMUNIZATIONS.] No person who has 174.35 commenced a treatment schedule of immunization pursuant to 174.36 subdivision 2, clause (2), may remain enrolled in any child care 175.1 facility, elementary, or secondary school in this state after 18 175.2 months of enrollment unless there is submitted to the 175.3 administrator, or other person having general control and 175.4 supervision of the school or child care facility, a statement 175.5 from a physician or a public clinic which provides immunizations 175.6 that the person has completed the primary schedule of 175.7 immunizations for diphtheria, tetanus, pertussis, and polio. 175.8 The statement must include the month and year of each additional 175.9 immunization received. For a child less than seven years of 175.10 age, a primary schedule of immunizations shall consist of four 175.11 doses of vaccine for diphtheria, tetanus, and pertussis and 175.12 three doses of vaccine for poliomyelitis. For a child seven 175.13 years of age or older, a primary schedule of immunizations shall 175.14 consist of three doses of vaccine for diphtheria, tetanus, and 175.15 polio. 175.16 Subd. 4. [IMMUNIZATION EXCEPTIONS.] (a) If a person is at 175.17 least seven years old and has not been immunized against 175.18 pertussis, the person must not be required to be immunized 175.19 against pertussis. 175.20 (b) If a person is at least 18 years old and has not 175.21 completed a series of immunizations against poliomyelitis, the 175.22 person must not be required to be immunized against 175.23 poliomyelitis. 175.24 (c) If a statement, signed by a physician, is submitted to 175.25 the administrator or other person having general control and 175.26 supervision of the school or child care facility stating that an 175.27 immunization is contraindicated for medical reasons or that 175.28 laboratory confirmation of the presence of adequate immunity 175.29 exists, the immunization specified in the statement need not be 175.30 required. 175.31 (d) If a notarized statement signed by the minor child's 175.32 parent or guardian or by the emancipated person is submitted to 175.33 the administrator or other person having general control and 175.34 supervision of the school or child care facility stating that 175.35 the person has not been immunized as prescribed in subdivision 1 175.36 because of the conscientiously held beliefs of the parent or 176.1 guardian of the minor child or of the emancipated person, the 176.2 immunizations specified in the statement shall not be required. 176.3 This statement must also be forwarded to the commissioner of the 176.4 department of health. 176.5 (e) If the person is under 15 months, the person is not 176.6 required to be immunized against measles, rubella, or mumps. 176.7 (f) If a person is at least five years old and has not been 176.8 immunized against haemophilus influenza type b, the person is 176.9 not required to be immunized against haemophilus influenza type 176.10 b. 176.11 Subd. 5. [SUBSTITUTE IMMUNIZATION STATEMENT.] A person who 176.12 is enrolling or enrolled in an elementary or secondary school or 176.13 child care facility may substitute a statement from the 176.14 emancipated person or a parent or guardian if the person is a 176.15 minor child in lieu of the statement from a physician or public 176.16 clinic which provides immunizations. If the statement is from a 176.17 parent or guardian or emancipated person, the statement must 176.18 indicate the month and year of each immunization given. In 176.19 order for the statement to be acceptable for a person who is 176.20 enrolling in an elementary school and who is six years of age or 176.21 younger, it must indicate that the following was given: no less 176.22 than one dose of vaccine each for measles, mumps, and rubella 176.23 given separately or in combination, and no less than four doses 176.24 of vaccine for poliomyelitis, unless the third dose was given 176.25 after the fourth birthday, then three doses are minimum, and no 176.26 less than five doses of vaccine for diphtheria, tetanus, and 176.27 pertussis, unless the fourth dose was given after the fourth 176.28 birthday, then four are minimum. In order for the statement to 176.29 be acceptable for a person who is enrolling in an elementary or 176.30 secondary school and is age seven through age 19, the statement 176.31 must indicate that the person has received no less than one dose 176.32 of vaccine each for measles, mumps, and rubella given separately 176.33 or in combination and consistent with subdivision 10, and no 176.34 less than three doses of vaccine for poliomyelitis, diphtheria, 176.35 and tetanus. 176.36 In order for the statement to be acceptable for a person 177.1 who is enrolling in a secondary school, and who was born after 177.2 1956 and is 20 years of age or older, the statement must 177.3 indicate that the person has received no less than one dose of 177.4 vaccine each for measles, mumps, and rubella given separately or 177.5 in combination, and no less than one dose of vaccine for 177.6 diphtheria and tetanus within the preceding ten years. In order 177.7 for the statement to be acceptable for a person who is enrolling 177.8 in a child care facility and who is at least 15 months old but 177.9 who has not reached five years of age, it must indicate that the 177.10 following were given: no less than one dose of vaccine each for 177.11 measles, mumps, and rubella given separately or in combination; 177.12 no less than one dose of vaccine for haemophilus influenza type 177.13 b; no less than four doses of vaccine for diphtheria, tetanus, 177.14 and pertussis; and no less than three doses of vaccine for 177.15 poliomyelitis. In order for the statement to be acceptable for 177.16 a person who is enrolling in a child care facility and who is 177.17 five or six years of age, it must indicate that the following 177.18 was given: no less than one dose of vaccine each for measles, 177.19 mumps, and rubella given separately or in combination, no less 177.20 than four doses of vaccine for diphtheria, tetanus, and 177.21 pertussis, and no less than three doses of vaccine for 177.22 poliomyelitis. In order for the statement to be acceptable for 177.23 a person who is enrolling in a child care facility and who is 177.24 seven years of age or older, the statement must indicate that 177.25 the person has received no less than one dose of vaccine each 177.26 for measles, mumps, and rubella given separately or in 177.27 combination and consistent with subdivision 10, and no less than 177.28 three doses of vaccine for poliomyelitis, diphtheria, and 177.29 tetanus. The commissioner of health, on finding that any of the 177.30 above requirements are not necessary to protect the public's 177.31 health, may suspend for one year that requirement. 177.32 Subd. 6. [TRANSFERRING SCHOOLS.] If a person transfers 177.33 from one elementary or secondary school to another, the person 177.34 shall be allowed 30 days to submit one or more of the statements 177.35 as specified in subdivision 1 or 3, during which time the person 177.36 may enroll in and attend the school. If a person enrolls in a 178.1 child care facility in which at least 75 percent of children in 178.2 the facility participate on a one-time only or occasional basis 178.3 up to a maximum of 45 hours per child, per month, the person 178.4 shall be exempt from all requirements of this section for up to 178.5 five consecutive days, starting from the first day of attendance. 178.6 Subd. 7. [SUSPENSION OF REQUIREMENTS.] The commissioner of 178.7 health, on finding that an immunization required pursuant to 178.8 this section is not necessary to protect the public's health, 178.9 may suspend for one year the requirement that children receive 178.10 that immunization. 178.11 Subd. 8. [ACCESS TO RECORDS; FILE TRANSFER.] Each school 178.12 or child care facility must maintain on file immunization 178.13 records for all persons in attendance that contain the 178.14 information required by subdivisions 1, 2, and 3. The 178.15 department of health and the board of health, as defined in 178.16 section 145A.02, subdivision 2, in whose jurisdiction the school 178.17 or child care facility is located, must have access to the files 178.18 maintained pursuant to this subdivision. When a person 178.19 transfers to another elementary or secondary school or child 178.20 care facility, the administrator or other person having general 178.21 control and supervision of the school or child care facility 178.22 shall assist the person's parent or guardian in the transfer of 178.23 the immunization file to the person's new school or child care 178.24 facility within 30 days of the transfer. Upon the request of a 178.25 public or private post-secondary educational institution, as 178.26 defined in section 135A.14, the administrator or other person 178.27 having general control or supervision of a school shall assist 178.28 in the transfer of a student's immunization file to the 178.29 post-secondary institution. 178.30 Subd. 9. [REPORT.] The administrator or other person 178.31 having general control and supervision of the elementary or 178.32 secondary school shall file a report with the commissioner on 178.33 all persons enrolled in the school. The superintendent of each 178.34 district shall file a report with the commissioner for all 178.35 persons within the district receiving instruction in a home 178.36 school in compliance with sections 120.101 and 120.102. The 179.1 parent of persons receiving instruction in a home school shall 179.2 submit the statements as required by subdivisions 1, 2, 3, and 4 179.3 to the superintendent of the district in which the person 179.4 resides by October 1 of each school year. The school report 179.5 must be prepared on forms developed jointly by the commissioner 179.6 of health and the commissioner of children, families, and 179.7 learning and be distributed to the local districts by the 179.8 commissioner of health. The school report must state the number 179.9 of persons attending the school, the number of persons who have 179.10 not been immunized according to subdivision 1 or 2, and the 179.11 number of persons who received an exemption under subdivision 3, 179.12 clause (c) or (d). The school report must be filed with the 179.13 commissioner of children, families, and learning within 60 days 179.14 of the commencement of each new school term. Upon request, a 179.15 district must be given a 60-day extension for filing the school 179.16 report. The commissioner of children, families, and learning 179.17 shall forward the report, or a copy thereof, to the commissioner 179.18 of health who shall provide summary reports to boards of health 179.19 as defined in section 145A.02, subdivision 2. The administrator 179.20 or other person having general control and supervision of the 179.21 child care facility shall file a report with the commissioner of 179.22 human services on all persons enrolled in the child care 179.23 facility. The child care facility report must be prepared on 179.24 forms developed jointly by the commissioner of health and the 179.25 commissioner of human services and be distributed to child care 179.26 facilities by the commissioner of health. The child care 179.27 facility report must state the number of persons enrolled in the 179.28 facility, the number of persons with no immunizations, the 179.29 number of persons who received an exemption under subdivision 3, 179.30 clause (c) or (d), and the number of persons with partial or 179.31 full immunization histories. The child care facility report 179.32 must be filed with the commissioner of human services by 179.33 November 1 of each year. The commissioner of human services 179.34 shall forward the report, or a copy thereof, to the commissioner 179.35 of health who shall provide summary reports to boards of health 179.36 as defined in section 145A.02, subdivision 2. The report 180.1 required by this subdivision is not required of a family child 180.2 care or group family child care facility, for prekindergarten 180.3 children enrolled in any elementary or secondary school provided 180.4 services according to section 120.17, subdivision 2, nor for 180.5 child care facilities in which at least 75 percent of children 180.6 in the facility participate on a one-time only or occasional 180.7 basis to a maximum of 45 hours per child, per month. 180.8 Subd. 10. [STATEMENTS FOR GRADES 7 THROUGH 12.] A 180.9 statement required to be submitted under subdivisions 1, 2, and 180.10 4 to document evidence of immunization must include month, day, 180.11 and year for immunizations administered after January 1, 1990. 180.12 (a) For persons enrolled in grades 7 and 12 during the 180.13 1996-1997 school term, the statement must indicate that the 180.14 person has received a dose of tetanus and diphtheria toxoid no 180.15 earlier than 11 years of age. 180.16 (b) For persons enrolled in grades 7, 8, and 12 during the 180.17 1997-1998 school term, the statement must indicate that the 180.18 person has received a dose of tetanus and diphtheria toxoid no 180.19 earlier than 11 years of age. 180.20 (c) For persons enrolled in grades 7, 8, 9, and 12 during 180.21 the 1998-1999 school term, the statement must indicate that the 180.22 person has received a dose of tetanus and diphtheria toxoid no 180.23 earlier than 11 years of age. 180.24 (d) For persons enrolled in grades 7, 8, 9, 10, and 12 180.25 during the 1999-2000 school term, the statement must indicate 180.26 that the person has received a dose of tetanus and diphtheria 180.27 toxoid no earlier than 11 years of age. 180.28 (e) For persons enrolled in grades 7 through 12 during the 180.29 2000-2001 school term and for each year thereafter, the 180.30 statement must indicate that the person has received a dose of 180.31 tetanus and diphtheria toxoid no earlier than 11 years of age. 180.32 (f) For persons enrolled in grades 7 through 12 during the 180.33 1996-1997 school year and for each year thereafter, the 180.34 statement must indicate that the person has received at least 180.35 two doses of vaccine against measles, mumps, and rubella, given 180.36 alone or separately and given not less than one month apart. 181.1 Subd. 11. [COMMISSIONER OF HUMAN SERVICES; CONTINUED 181.2 RESPONSIBILITIES.] Nothing in this section relieves the 181.3 commissioner of human services of the responsibility, under 181.4 chapter 245A, to inspect and assure that statements required by 181.5 this section are on file at child care programs subject to 181.6 licensure. 181.7 Sec. 4. [120B.04] [EARLY CHILDHOOD HEALTH AND DEVELOPMENT 181.8 SCREENING; PURPOSE.] 181.9 The legislature finds that early detection of children's 181.10 health and developmental problems can reduce their later need 181.11 for costly care, minimize their physical and educational 181.12 handicaps, and aid in their rehabilitation. The purpose of 181.13 sections 123.701 to 123.7045 is to assist parents and 181.14 communities in improving the health of Minnesota children and in 181.15 planning educational and health programs. 181.16 Sec. 5. [120B.05] [SCHOOL BOARD RESPONSIBILITIES.] 181.17 Subdivision 1. [EARLY CHILDHOOD DEVELOPMENTAL 181.18 SCREENING.] Every school board must provide for a mandatory 181.19 program of early childhood developmental screening for children 181.20 once before school entrance, targeting children who are between 181.21 3-1/2 and four years old. This screening program must be 181.22 established either by one board, by two or more boards acting in 181.23 cooperation, by service cooperatives, by early childhood family 181.24 education programs, or by other existing programs. This 181.25 screening examination is a mandatory requirement for a student 181.26 to continue attending kindergarten or first grade in a public 181.27 school. A child need not submit to developmental screening 181.28 provided by a board if the child's health records indicate to 181.29 the board that the child has received comparable developmental 181.30 screening from a public or private health care organization or 181.31 individual health care provider. Districts are encouraged to 181.32 reduce the costs of preschool developmental screening programs 181.33 by utilizing volunteers in implementing the program. 181.34 Subd. 2. [DEVELOPMENTAL SCREENING RECORD.] A child must 181.35 not be enrolled in kindergarten in a public school unless the 181.36 parent or guardian of the child submits to the school principal 182.1 or other person having general control and supervision of the 182.2 school a record indicating the months and year the child 182.3 received developmental screening and the results of the 182.4 screening not later than 30 days after the first day of 182.5 attendance. If a child is transferred from one kindergarten to 182.6 another, the parent or guardian of the child must be allowed 30 182.7 days to submit the child's record, during which time the child 182.8 may attend school. 182.9 Subd. 3. [SCREENING PROGRAM.] (a) A screening program must 182.10 include at least the following components: developmental 182.11 assessments, hearing and vision screening or referral, 182.12 immunization review and referral, the child's height and weight, 182.13 identification of risk factors that may influence learning, an 182.14 interview with the parent about the child, and referral for 182.15 assessment, diagnosis, and treatment when potential needs are 182.16 identified. The district and the person performing or 182.17 supervising the screening must provide a parent or guardian with 182.18 clear written notice that the parent or guardian may decline to 182.19 answer questions or provide information about family 182.20 circumstances that might affect development and identification 182.21 of risk factors that may influence learning. The notice must 182.22 clearly state that declining to answer questions or provide 182.23 information does not prevent the child from being enrolled in 182.24 kindergarten or first grade if all other screening components 182.25 are met. If a parent or guardian is not able to read and 182.26 comprehend the written notice, the district and the person 182.27 performing or supervising the screening must convey the 182.28 information in another manner. The notice must also inform the 182.29 parent or guardian that a child need not submit to the district 182.30 screening program if the child's health records indicate to the 182.31 school that the child has received comparable developmental 182.32 screening performed within the preceding 365 days by a public or 182.33 private health care organization or individual health care 182.34 provider. The notice must be given to a parent or guardian at 182.35 the time the district initially provides information to the 182.36 parent or guardian about screening and must be given again at 183.1 the screening location. 183.2 (b) All screening components shall be consistent with the 183.3 standards of the state commissioner of health for early 183.4 developmental screening programs. A developmental screening 183.5 program must not provide laboratory tests or a physical 183.6 examination to any child. The district must request from the 183.7 public or private health care organization or the individual 183.8 health care provider the results of any laboratory test or 183.9 physical examination within the 12 months preceding a child's 183.10 scheduled screening. 183.11 (c) If a child is without health coverage, the school 183.12 district must refer the child to an appropriate health care 183.13 provider. 183.14 (d) A board may offer additional components such as 183.15 nutritional, physical and dental assessments, review of family 183.16 circumstances that might affect development, blood pressure, 183.17 laboratory tests, and health history. 183.18 (e) If a statement signed by the child's parent or guardian 183.19 is submitted to the administrator or other person having general 183.20 control and supervision of the school that the child has not 183.21 been screened because of conscientiously held beliefs of the 183.22 parent or guardian, the screening is not required. 183.23 Subd. 4. [FOLLOW-UP SCREENING.] If any child's screening 183.24 indicates a condition which requires diagnosis or treatment, the 183.25 child's parents shall be notified of the condition and the board 183.26 shall ensure that an appropriate follow-up and referral process 183.27 is available. 183.28 Subd. 5. [DEVELOPMENTAL SCREENING PROGRAM 183.29 INFORMATION.] The board must inform each resident family with a 183.30 child eligible to participate in the developmental screening 183.31 program about the availability of the program and the state's 183.32 requirement that a child receive developmental screening not 183.33 later than 30 days after the first day of attending kindergarten 183.34 in a public school. 183.35 Subd. 6. [DEVELOPMENTAL SCREENING SERVICES.] A board may 183.36 contract with or purchase service from an approved early 184.1 developmental screening program in the area. Developmental 184.2 screening must be conducted by either an individual who is 184.3 licensed as, or has training that is similar to a special 184.4 education teacher, school psychologist, kindergarten teacher, 184.5 prekindergarten teacher, school nurse, public health nurse, 184.6 registered nurse, or physician. The individual may be a 184.7 volunteer. 184.8 Subd. 7. [SCREENING RECORD.] The district must provide the 184.9 parent or guardian of the child screened with a record 184.10 indicating the month and year the child received developmental 184.11 screening and the results of the screening. The district must 184.12 keep a duplicate copy of the record of each child screened. 184.13 Subd. 8. [VOLUNTEER SCREENING PROGRAMS.] Every board must 184.14 integrate and utilize volunteer screening programs in 184.15 implementing sections 123.702 to 123.7045 wherever possible. 184.16 Subd. 9. [HEALTH CARE PROVIDER SOCIETIES.] A board may 184.17 consult with local societies of health care providers. 184.18 Subd. 10. [PRIORITY TO VOLUNTEERS.] In selecting personnel 184.19 to implement the screening program, the district must give 184.20 priority first to qualified volunteers. 184.21 Sec. 6. [120B.06] [DATA USE.] 184.22 Data on individuals collected in screening programs 184.23 established pursuant to section 123.702 is private, as defined 184.24 by section 13.02, subdivision 12. Individual and summary data 184.25 shall be reported to the district by the health provider who 184.26 performs the screening services, for the purposes of developing 184.27 appropriate educational programs to meet the individual needs of 184.28 children and designing appropriate health education programs for 184.29 the district. No data on an individual shall be disclosed to 184.30 the district without the consent of that individual's parent or 184.31 guardian. 184.32 Sec. 7. [120B.07] [DEVELOPMENTAL SCREENING AID.] 184.33 Each school year, the state must pay a district $25 for 184.34 each child screened according to the requirements of section 184.35 123.702. If this amount of aid is insufficient, the district 184.36 may permanently transfer from the general fund an amount that, 185.1 when added to the aid, is sufficient. 185.2 Sec. 8. [120B.08] [ADMINISTRATION OF DRUGS AND MEDICINE.] 185.3 Subdivision 1. [APPLICABILITY.] This section applies only: 185.4 (1) when the parent of a pupil requests school personnel to 185.5 administer drugs or medicine to the pupil; or 185.6 (2) when administration is allowed by the individual 185.7 education plan of a child with a disability. 185.8 The request of a parent may be oral or in writing. An oral 185.9 request must be reduced to writing within two school days, 185.10 provided that the district may rely on an oral request until a 185.11 written request is received. 185.12 Subd. 2. [EXCLUSIONS.] In addition, this section does not 185.13 apply to drugs or medicine: 185.14 (1) that can be purchased without a prescription; 185.15 (2) that are used by a pupil who is 18 years old or older; 185.16 (3) that are used in connection with services for which a 185.17 minor may give effective consent, including section 144.343, 185.18 subdivision 1, and any other law; 185.19 (4) that are used in situations in which, in the judgment 185.20 of the school personnel who are present or available, the risk 185.21 to the pupil's life or health is of such a nature that drugs or 185.22 medicine should be given without delay; 185.23 (5) that are used off the school grounds; 185.24 (6) that are used in connection with athletics or extra 185.25 curricular activities; 185.26 (7) that are used in connection with activities that occur 185.27 before or after the regular school day; or 185.28 (8) that are provided or administered by a public health 185.29 agency in order to prevent or control an illness or a disease 185.30 outbreak as provided for in sections 144.05 and 144.12. 185.31 Subd. 3. [LABELING.] Drugs or medicine subject to this 185.32 section must be in a container with a label prepared by a 185.33 pharmacist according to section 151.212 and applicable rules. 185.34 Subd. 4. [ADMINISTRATION.] Drugs and medicine subject to 185.35 this section must be administered in a manner consistent with 185.36 instructions on the label. Drugs and medicine subject to this 186.1 section must be administered, to the extent possible, according 186.2 to school board procedures that must be developed in 186.3 consultation: 186.4 (1) with a school nurse, in a district that employs a 186.5 school nurse; 186.6 (2) with a licensed school nurse, in a district that 186.7 employs a licensed school nurse; 186.8 (3) with a public or private health or health-related 186.9 organization, in a district that contracts with a public or 186.10 private health or health-related organization, according to 186.11 section 123.35, subdivision 17; or 186.12 (4) with the appropriate party, in a district that has an 186.13 arrangement approved by the state board of education, according 186.14 to section 123.35, subdivision 17. 186.15 Subd. 5. [CHILDREN WITH A DISABILITY.] For drugs or 186.16 medicine used by children with a disability, administration may 186.17 be as provided in the individual education plan. 186.18 Subd. 6. [HEALTH TREATMENTS.] For the purpose of this 186.19 section, special health treatments and health functions, such as 186.20 catheterization, tracheostomy suctioning, and gastrostomy 186.21 feedings, do not constitute administration of drugs or medicine. 186.22 Sec. 9. [120B.09] [HEALTH-RELATED PROGRAMS.] 186.23 Subdivision 1. [AIDS PROGRAM.] The commissioner of 186.24 children, families, and learning, in consultation with the 186.25 commissioner of health, shall assist districts in developing and 186.26 implementing a program to prevent and reduce the risk of 186.27 acquired immune deficiency syndrome. Each district must have a 186.28 program that includes at least: 186.29 (1) planning materials, guidelines, and other technically 186.30 accurate and updated information; 186.31 (2) a comprehensive, technically accurate, and updated 186.32 curriculum; 186.33 (3) cooperation and coordination among districts and SCs; 186.34 (4) a targeting of adolescents, especially those who may be 186.35 at high risk of contracting AIDS, for prevention efforts; 186.36 (5) involvement of parents and other community members; 187.1 (6) in-service training for appropriate district staff and 187.2 school board members; 187.3 (7) collaboration with state agencies and organizations 187.4 having an AIDS prevention or AIDS risk reduction program; 187.5 (8) collaboration with local community health services, 187.6 agencies and organizations having an AIDS prevention or AIDS 187.7 risk reduction program; and 187.8 (9) participation by state and local student organizations. 187.9 The department may provide assistance at a neutral site to 187.10 a nonpublic school participating in a district's program. 187.11 District programs must not conflict with the health and wellness 187.12 curriculum developed under Laws 1987, chapter 398, article 5, 187.13 section 2, subdivision 7. 187.14 If a district fails to develop and implement a program to 187.15 prevent and reduce the risk of AIDS, the department must assist 187.16 the SC in the region serving that district to develop or 187.17 implement the program. 187.18 Subd. 2. [FUNDING SOURCES.] Districts may accept funds for 187.19 AIDS programs developed and implemented under this section from 187.20 public and private sources including public health funds and 187.21 foundations, department professional development funds, federal 187.22 block grants or other federal or state grants. 187.23 Sec. 10. [120B.10] [BOARDS OF INDEPENDENT SCHOOL 187.24 DISTRICTS.] 187.25 Subdivision 1. [EVENING SCHOOLS; ADULT AND CONTINUING 187.26 EDUCATION.] The board may establish and maintain public evening 187.27 schools and adult and continuing education programs. The 187.28 evening schools and adult and continuing education programs 187.29 maintained by the board must be available to all persons over 16 187.30 years of age through the 1999-2000 school year and over 18 years 187.31 of age beginning with the 2000-2001 school year who, from any 187.32 cause, are unable to attend the full-time elementary or 187.33 secondary schools of such district. 187.34 Subd. 2. [SCHOOL HEALTH SERVICES.] (a) Every school board 187.35 must provide services to promote the health of its pupils. 187.36 (b) The board of a district with 1,000 pupils or more in 188.1 average daily membership in early childhood family education, 188.2 preschool handicapped, elementary, and secondary programs must 188.3 comply with the requirements of this paragraph. It may use one 188.4 or a combination of the following methods: 188.5 (1) employ personnel, including at least one full-time 188.6 equivalent licensed school nurse or continue to employ a 188.7 registered nurse not yet certified as a public health nurse as 188.8 defined in section 145A.02, subdivision 18, who is enrolled in a 188.9 program that would lead to certification within four years of 188.10 August 1, 1988; 188.11 (2) contract with a public or private health organization 188.12 or another public agency for personnel during the regular school 188.13 year, determined appropriate by the board, who are currently 188.14 licensed under chapter 148 and who are certified public health 188.15 nurses; or 188.16 (3) enter into another arrangement approved by the 188.17 commissioner. 188.18 Sec. 11. [120B.11] [VIOLENCE PREVENTION EDUCATION.] 188.19 Subdivision 1. [VIOLENCE PREVENTION CURRICULUM.] (a) The 188.20 commissioner of children, families, and learning, in 188.21 consultation with the commissioners of health and human 188.22 services, state minority councils, battered women's programs, 188.23 sexual assault centers, representatives of religious 188.24 communities, and the assistant commissioner of the office of 188.25 drug policy and violence prevention, shall assist districts on 188.26 request in developing or implementing a violence prevention 188.27 program for students in kindergarten to grade 12 that can be 188.28 integrated into existing curriculum. The purpose of the program 188.29 is to help students learn how to resolve conflicts within their 188.30 families and communities in nonviolent, effective ways. 188.31 (b) Each district is encouraged to integrate into its 188.32 existing curriculum a program for violence prevention that 188.33 includes at least: 188.34 (1) a comprehensive, accurate, and age appropriate 188.35 curriculum on violence prevention, nonviolent conflict 188.36 resolution, and sexual, racial, and cultural harassment that 189.1 promotes equality, respect, understanding, effective 189.2 communication, individual responsibility, thoughtful decision 189.3 making, positive conflict resolution, useful coping skills, 189.4 critical thinking, listening and watching skills, and personal 189.5 safety; 189.6 (2) planning materials, guidelines, and other accurate 189.7 information on preventing physical and emotional violence, 189.8 identifying and reducing the incidence of sexual, racial, and 189.9 cultural harassment, and reducing child abuse and neglect; 189.10 (3) a special parent education component of early childhood 189.11 family education programs to prevent child abuse and neglect and 189.12 to promote positive parenting skills, giving priority to 189.13 services and outreach programs for at-risk families; 189.14 (4) involvement of parents and other community members, 189.15 including the clergy, business representatives, civic leaders, 189.16 local elected officials, law enforcement officials, and the 189.17 county attorney; 189.18 (5) collaboration with local community services, agencies, 189.19 and organizations that assist in violence intervention or 189.20 prevention, including family-based services, crisis services, 189.21 life management skills services, case coordination services, 189.22 mental health services, and early intervention services; 189.23 (6) collaboration among districts and SCs; 189.24 (7) targeting early adolescents for prevention efforts, 189.25 especially early adolescents whose personal circumstances may 189.26 lead to violent or harassing behavior; 189.27 (8) opportunities for teachers to receive in-service 189.28 training or attend other programs on strategies or curriculum 189.29 designed to assist students in intervening in or preventing 189.30 violence in school and at home; and 189.31 (9) administrative policies that reflect, and a staff that 189.32 models, nonviolent behaviors that do not display or condone 189.33 sexual, racial, or cultural harassment. 189.34 (c) The department may provide assistance at a neutral site 189.35 to a nonpublic school participating in a district's program. 189.36 Subd. 2. [IN-SERVICE TRAINING.] Each district is 190.1 encouraged to provide training for district staff and school 190.2 board members to help students identify violence in the family 190.3 and the community so that students may learn to resolve 190.4 conflicts in effective, nonviolent ways. The in-service 190.5 training must be ongoing and involve experts familiar with 190.6 domestic violence and personal safety issues. 190.7 Subd. 3. [FUNDING SOURCES.] Districts may accept funds 190.8 from public and private sources for violence prevention programs 190.9 developed and implemented under this section. 190.10 Sec. 12. [120B.12] [VIOLENCE PREVENTION EDUCATION GRANTS.] 190.11 Subdivision 1. [GRANT PROGRAM ESTABLISHED.] The 190.12 commissioner of children, families, and learning, after 190.13 consulting with the assistant commissioner of the office of drug 190.14 policy and violence prevention, shall establish a violence 190.15 prevention education grant program to enable a school district, 190.16 an education district, or a group of districts that cooperate 190.17 for a particular purpose to develop and implement or to continue 190.18 a violence prevention program for students in kindergarten 190.19 through grade 12 that can be integrated into existing 190.20 curriculum. A district or group of districts that elects to 190.21 develop and implement or to continue a violence prevention 190.22 program under section 126.77 is eligible to apply for a grant 190.23 under this section. 190.24 Subd. 2. [GRANT APPLICATION.] To be eligible to receive a 190.25 grant, a school district, an education district, a service 190.26 cooperative, or a group of districts that cooperate for a 190.27 particular purpose must submit an application to the 190.28 commissioner in the form and manner and according to the 190.29 timeline established by the commissioner. The application must 190.30 describe how the applicant will: (1) continue or integrate into 190.31 its existing K-12 curriculum a program for violence prevention 190.32 that contains the program components listed in section 126.77; 190.33 (2) collaborate with local organizations involved in violence 190.34 prevention and intervention; and (3) structure the program to 190.35 reflect the characteristics of the children, their families and 190.36 the community involved in the program. The commissioner may 191.1 require additional information from the applicant. When 191.2 reviewing the applications, the commissioner shall determine 191.3 whether the applicant has met the requirements of this 191.4 subdivision. 191.5 Subd. 3. [GRANT AWARDS.] The commissioner may award grants 191.6 for a violence prevention education program to eligible 191.7 applicants as defined in subdivision 2. Grant amounts may not 191.8 exceed $3 per actual pupil unit in the district or group of 191.9 districts in the prior school year. Grant recipients should be 191.10 geographically distributed throughout the state. 191.11 Subd. 4. [GRANT PROCEEDS.] A successful applicant must use 191.12 the grant money to develop and implement or to continue a 191.13 violence prevention program according to the terms of the grant 191.14 application. 191.15 Subd. 5. [REPORT.] A report detailing the costs and 191.16 results of programs funded under this section must be submitted 191.17 to the chairs of the committees in the senate and house of 191.18 representatives with jurisdiction over crime prevention funding 191.19 and criminal justice policy by February 15 each year. 191.20 Sec. 13. [120B.13] [CITATION.] 191.21 Sections 125.701 to 125.705 may be cited as the "Minnesota 191.22 family connections act." 191.23 Sec. 14. [120B.14] [PURPOSE OF THE FAMILY CONNECTIONS 191.24 ACT.] 191.25 The legislature recognizes the unique and lifelong learning 191.26 and development process of all human beings. The legislature is 191.27 committed to the goal of maximizing the individual growth 191.28 potential of all learners. The purposes of the family 191.29 connections act are: 191.30 (1) to offer family connections programs which emphasize 191.31 learning and development based on learner outcomes; 191.32 (2) to recognize and utilize the unique skills that 191.33 teachers, students, family, and the community have in both the 191.34 teaching process and the learning and development process; and 191.35 (3) to provide an opportunity for maximum use of teachers, 191.36 principals, and counselors. 192.1 Sec. 15. [120B.15] [PROGRAM SELECTION.] 192.2 Subdivision 1. [AUTHORIZATION.] A district or group of 192.3 districts may establish an improved learning program. 192.4 Subd. 2. [RULES AND RIGHTS.] The state board of education 192.5 may waive district compliance with its rules which would prevent 192.6 implementation of an improved learning program. Participation 192.7 in an improved learning program as a principal-teacher, 192.8 counselor-teacher, or career teacher must not affect seniority 192.9 in the district or rights under the applicable collective 192.10 bargaining agreement. 192.11 Subd. 3. [ADDITIONAL FUNDING.] A district providing an 192.12 improved learning program may receive funds for the program from 192.13 private sources and governmental agencies, including state or 192.14 federal funds. 192.15 Sec. 16. [120B.16] [ADVISORY COUNCIL.] 192.16 The board of a district providing a family connections 192.17 program must appoint an advisory council. Council members must 192.18 be selected from the school attendance area in which programs 192.19 are provided. Members of the council may include students, 192.20 teachers, principals, administrators and community members. A 192.21 majority of the members must be parents with children 192.22 participating in the local program. The local advisory council 192.23 must advise the board in the development, coordination, 192.24 supervision, and review of the career teacher program. The 192.25 council must meet at least two times each year with any 192.26 established community education advisory council in the 192.27 district. Members of the council may be members of the 192.28 community education advisory council. The council must report 192.29 to the school board. 192.30 Sec. 17. [120B.17] [FAMILY CONNECTIONS PROGRAM 192.31 COMPONENTS.] 192.32 Subdivision 1. [MANDATORY COMPONENTS.] A family 192.33 connections program must include: 192.34 (1) participation by a designated individual as a career 192.35 teacher, principal-teacher, or counselor teacher; 192.36 (2) an emphasis on each individual child's unique learning 193.1 and development needs; 193.2 (3) procedures to give the career teacher a major 193.3 responsibility for leadership of the instructional and 193.4 noninstructional activities of each child beginning with early 193.5 childhood family education; 193.6 (4) procedures to involve parents in the learning and 193.7 development experiences of their children; 193.8 (5) procedures to implement outcome based education by 193.9 focusing on the needs of the learner; 193.10 (6) procedures to coordinate and integrate the 193.11 instructional program with all community education programs; 193.12 (7) procedures to concentrate career teacher programs at 193.13 sites that provide early childhood family education and 193.14 subsequent learning and development programs; and 193.15 (8) procedures for the district to fund the program. 193.16 Subd. 2. [OPTIONAL COMPONENTS.] A family connections 193.17 program may include: 193.18 (1) efforts to improve curricula strategies, instructional 193.19 strategies, and use of materials that respond to the individual 193.20 educational needs and learning styles of each pupil in order to 193.21 enable each pupil to make continuous progress and to learn at a 193.22 rate appropriate to that pupil's abilities; 193.23 (2) efforts to develop student abilities in basic skills; 193.24 applied learning skills; and, when appropriate, arts; 193.25 humanities; physical, natural, and social sciences; 193.26 multicultural education; physical, emotional, and mental health; 193.27 consumer economics; and career education; 193.28 (3) use of community resources and communications media to 193.29 pursue learning and development opportunities for pupils; 193.30 (4) staff development for teachers and other school 193.31 personnel; 193.32 (5) improvements to the learning and development 193.33 environment, including use of the community in general, to 193.34 enhance the learning and development process; 193.35 (6) cooperative efforts with other agencies involved with 193.36 human services or child development and development of 194.1 alternative community based learning and development 194.2 experiences; 194.3 (7) post-secondary education components for pupils who are 194.4 able to accelerate or programs for pupils with special abilities 194.5 and interests who are given advanced learning and development 194.6 opportunities within existing programs; 194.7 (8) use of volunteers in the learning and development 194.8 program; 194.9 (9) flexible attendance schedules for pupils; 194.10 (10) adult education component; 194.11 (11) coordination with early childhood family education and 194.12 community education programs; 194.13 (12) variable student/faculty ratios for special education 194.14 students to provide for special programming; 194.15 (13) inclusion of nonpublic pupils as part of the ratio in 194.16 the career teacher, principal-teacher, and counselor teacher 194.17 component; 194.18 (14) application of educational research findings; 194.19 (15) summer learning and development experiences for 194.20 students as recommended by the career teacher, 194.21 principal-teacher, and counselor teacher; 194.22 (16) use of education assistants, teacher aides, or 194.23 paraprofessionals as part of the career teacher program; 194.24 (17) establishment of alternative criteria for high school 194.25 graduation; and 194.26 (18) variable age and learning size groupings of students. 194.27 Sec. 18. [120B.18] [CAREER TEACHER.] 194.28 Subdivision 1. [STATUS.] A family connections program may 194.29 include a career teacher, principal-teacher, and counselor 194.30 teacher component. The career teacher, principal-teacher, and 194.31 counselor teacher must not be the exclusive teacher for students 194.32 assigned to them but shall serve as a primary teacher and 194.33 perform the function of developing and implementing a student's 194.34 overall learning and development program. The career teacher, 194.35 principal-teacher, and counselor teacher may be responsible for 194.36 regular assignments as well as learning and development programs 195.1 for other assigned students. 195.2 Subd. 2. [QUALIFICATIONS.] (a) An individual employed as a 195.3 career teacher must be licensed as a teacher and shall be 195.4 considered a teacher as defined in section 179A.03, subdivision 195.5 18, for purposes of chapter 179A. 195.6 (b) An individual employed as a principal teacher must be 195.7 licensed as a principal and shall be considered a principal, as 195.8 defined in section 179A.03, subdivision 12, for purposes of 195.9 chapter 179A. 195.10 (c) An individual employed as a counselor teacher must be 195.11 licensed as a counselor and shall be considered a teacher, as 195.12 defined in section 179A.03, subdivision 18, for purposes of 195.13 chapter 179A. 195.14 Subd. 3. [STAFF/STUDENT RATIO.] (a) Except as provided in 195.15 clause (b), one career teacher, principal-teacher, or counselor 195.16 teacher shall be assigned for every 125 students. For each 195.17 special education student included in the assignment, the 1:125 195.18 ratio must be reduced by one. 195.19 (b) One principal-teacher shall be assigned for every 50 195.20 students when the principal-teacher is also the principal of the 195.21 school. 195.22 Subd. 4. [SELECTION; RENEWAL.] (a) The board must 195.23 establish procedures for teachers, principals, and counselors to 195.24 apply for the position of career teacher, principal-teacher, or 195.25 counselor teacher. The authority for selection of career 195.26 teachers, principal-teachers, and counselor teachers is vested 195.27 in the board and no individual shall have a right to employment 195.28 as a career teacher, principal-teacher, or counselor teacher 195.29 based on seniority or order of employment in the district. 195.30 (b) Employment of the career teacher, principal-teacher, 195.31 and counselor teacher may be on a 12-month basis with vacation 195.32 time negotiated individually with the board. The annual 195.33 contract of a career teacher, principal-teacher, or counselor 195.34 teacher may not be renewed, as the board shall see fit. The 195.35 board must give any teacher whose contract as a career teacher, 195.36 principal-teacher, or counselor teacher it declines to renew for 196.1 the following year written notice to that effect before April 196.2 15. If the board fails to renew the contract of a career 196.3 teacher, principal-teacher, or counselor teacher, that 196.4 individual must be reinstated to another position in the 196.5 district if eligible pursuant to section 125.12 or 125.17. 196.6 Subd. 5. [DUTIES.] The career teacher, principal-teacher, 196.7 and counselor teacher is responsible for: 196.8 (1) the overall education, learning, and development plan 196.9 of assigned students. The career teacher, principal-teacher, 196.10 and counselor teacher must design this plan with the student, 196.11 parents, and other faculty, and must seek to maximize the 196.12 learning and development potential and maturation level of each 196.13 pupil; 196.14 (2) measuring the proficiency of the assigned students and 196.15 assisting other staff in identifying pupil needs and making 196.16 appropriate educational and subject groupings; 196.17 (3) when part of the district's plan, taking responsibility 196.18 for the parent and early childhood education of assigned 196.19 students; 196.20 (4) designing and being responsible for program components 196.21 which meet special learning needs of high potential and talented 196.22 students; 196.23 (5) coordinating the ongoing, year-to-year learning and 196.24 development program for assigned students; and 196.25 (6) developing learning and development portfolios. 196.26 Sec. 19. [120B.19] [FAMILY CONNECTIONS AID.] 196.27 Subdivision 1. [ELIGIBILITY.] A district that has a family 196.28 connections program, according to sections 125.70 to 125.705, 196.29 for one or more of its teachers is eligible for aid to extend 196.30 the teaching contract of a family connections teacher. 196.31 Subd. 2. [STATE SHARE OF EXTENDED CONTRACT.] The state 196.32 must pay two-thirds of the portion of the teaching contract, 196.33 excluding fringe benefits, that is in addition to the standard 196.34 teaching contract of the district. The district must pay the 196.35 remaining portion. 196.36 Subd. 3. [COMMISSIONER APPROVAL.] The commissioner may 197.1 approve plans and applications for districts throughout the 197.2 state for family connections aid. The commissioner shall 197.3 establish application procedures and deadlines. 197.4 Subd. 4. [USE OF AID.] Family connections aid may be used 197.5 only to implement a family connections program. 197.6 Sec. 20. [120B.20] [LEARNING READINESS PROGRAMS.] 197.7 Subdivision 1. [ESTABLISHMENT; PURPOSE.] A district or a 197.8 group of districts may establish a learning readiness program 197.9 for eligible children. The purpose of a learning readiness 197.10 program is to provide all eligible children adequate 197.11 opportunities to participate in child development programs that 197.12 enable the children to enter school with the necessary skills 197.13 and behavior and family stability and support to progress and 197.14 flourish. 197.15 Subd. 2. [CHILD ELIGIBILITY.] (a) A child is eligible to 197.16 participate in a learning readiness program offered by the 197.17 resident district or another district if the child is: 197.18 (1) at least 3-1/2 years old but has not entered 197.19 kindergarten; and 197.20 (2) receives developmental screening under section 123.702 197.21 within 90 days of enrolling in the program or the child's fourth 197.22 birthday. 197.23 (b) A child younger than 3-1/2 years old may participate in 197.24 a learning readiness program if the district or group of 197.25 districts that establishes the program determines that the 197.26 program can more effectively accomplish its purpose by including 197.27 children younger than 3-1/2 years old. 197.28 Subd. 3. [PROGRAM ELIGIBILITY.] A learning readiness 197.29 program must include the following: 197.30 (1) a comprehensive plan to anticipate and meet the needs 197.31 of participating families by coordinating existing social 197.32 services programs and by fostering collaboration among agencies 197.33 or other community-based organizations and programs that provide 197.34 a full range of flexible, family-focused services to families 197.35 with young children; 197.36 (2) a development and learning component to help children 198.1 develop appropriate social, cognitive, and physical skills, and 198.2 emotional well-being; 198.3 (3) health referral services to address children's medical, 198.4 dental, mental health, and nutritional needs; 198.5 (4) a nutrition component to meet children's daily 198.6 nutritional needs; 198.7 (5) parents' involvement in meeting children's educational, 198.8 health, social service, and other needs; 198.9 (6) community outreach to ensure participation by families 198.10 who represent the racial, cultural, and economic diversity of 198.11 the community; and 198.12 (7) community-based staff and program resources, including 198.13 interpreters, that reflect the racial and ethnic characteristics 198.14 of the children participating in the program. 198.15 Subd. 4. [PROGRAM CHARACTERISTICS.] Learning readiness 198.16 programs are encouraged to: 198.17 (1) prepare an individualized service plan to meet each 198.18 child's developmental and learning needs; 198.19 (2) provide parent education to increase parents' 198.20 knowledge, understanding, skills, and experience in child 198.21 development and learning; 198.22 (3) foster substantial parent involvement that may include 198.23 having parents develop curriculum or serve as a paid or 198.24 volunteer educator, resource person, or other staff; 198.25 (4) identify the needs of families in the content of the 198.26 child's learning readiness; 198.27 (5) expand collaboration with public organizations, 198.28 businesses, nonprofit organizations, or other private 198.29 organizations to develop a coordinated system of flexible, 198.30 family-focused services available to anticipate and meet the 198.31 full range of needs of all eligible children and their families; 198.32 (6) coordinate treatment and follow-up services for 198.33 children's identified physical and mental health problems; 198.34 (7) offer transportation for eligible children and their 198.35 families for whom other forms of transportation are unavailable 198.36 or would constitute an excessive financial burden; 199.1 (8) make substantial outreach efforts to assure significant 199.2 participation by families with the greatest needs, including 199.3 those families whose income level does not exceed the most 199.4 recent update of the poverty guidelines required by sections 652 199.5 and 673(2) of the Omnibus Budget Reconciliation Act of 1981 199.6 (Public Law Number 97-35); 199.7 (9) use community-based, trained home visitors serving as 199.8 paraprofessionals to provide social support, referrals, parent 199.9 education, and other services; 199.10 (10) create community-based family resource centers and 199.11 interdisciplinary teams; and 199.12 (11) enhance the quality of family or center-based child 199.13 care programs by providing supplementary services and resources, 199.14 staff training, and assistance with children with special needs. 199.15 Subd. 5. [PURCHASE OR CONTRACT FOR SERVICES.] A district 199.16 is encouraged to contract with a public or nonprofit 199.17 organization to provide eligible children developmentally 199.18 appropriate services that meet the program requirements in 199.19 subdivision 3. In the alternative, a district may pay tuition 199.20 or fees to place an eligible child in an existing program. A 199.21 district may establish a new program where no existing, 199.22 reasonably accessible program meets the program requirements in 199.23 subdivision 3. Services may be provided in a site-based program 199.24 or in the home of the child or a combination of both. The 199.25 district may not restrict participation to district residents. 199.26 Subd. 6. [COORDINATION WITH OTHER PROVIDERS.] (a) The 199.27 district must coordinate the learning readiness program with 199.28 existing community-based social services providers and foster 199.29 collaboration among agencies and other community-based 199.30 organizations and programs that provide flexible, family-focused 199.31 services to families with children. The district must actively 199.32 encourage greater sharing of responsibility and accountability 199.33 among service providers and facilitate children's transition 199.34 between programs. 199.35 (b) To the extent possible, resources must follow the 199.36 children so that children receive appropriate services in a 200.1 stable environment and are not moved from one program location 200.2 to another. Where geographically feasible, the district must 200.3 actively promote colocating of services for children and their 200.4 families. 200.5 Subd. 7. [ADVISORY COUNCIL.] Each learning readiness 200.6 program must have an advisory council composed of members of 200.7 existing early education-related boards, parents of 200.8 participating children, child care providers, culturally 200.9 specific service organizations, local resource and referral 200.10 agencies, and representatives of early childhood service 200.11 providers. The council must advise the board in creating and 200.12 administering the program and must monitor the progress of the 200.13 program. The council must ensure that children at greatest risk 200.14 receive appropriate services. If the board is unable to appoint 200.15 to the advisory council members of existing early 200.16 education-related boards, it must appoint parents of children 200.17 enrolled in the program who represent the racial, cultural, and 200.18 economic diversity of the district and representatives of early 200.19 childhood service providers as representatives to an existing 200.20 advisory council. 200.21 Subd. 8. [PRIORITY CHILDREN.] The district must give 200.22 greatest priority to providing services to eligible children 200.23 identified, through a means such as the early childhood 200.24 screening process, as being developmentally disadvantaged or 200.25 experiencing risk factors that could impede their learning 200.26 readiness. 200.27 Subd. 9. [CHILD RECORDS.] (a) A record of a child's 200.28 progress and development must be maintained in the child's 200.29 cumulative record while enrolled in the learning readiness 200.30 program. The cumulative record must be used for the purpose of 200.31 planning activities to suit individual needs and shall become 200.32 part of the child's permanent record. The cumulative record is 200.33 private data under chapter 13. Information in the record may be 200.34 disseminated to an educator or service provider only to the 200.35 extent that that person has a need to know the information. 200.36 (b) An educator or service provider may transmit 201.1 information in the child's cumulative record to an educator or 201.2 service provider in another program for young children when the 201.3 child applies to enroll in that other program. 201.4 Subd. 10. [SUPERVISION.] A program provided by a board 201.5 must be supervised by a licensed early childhood teacher, a 201.6 certified early childhood educator, or a licensed parent 201.7 educator. A program provided according to a contract between a 201.8 district and a nonprofit organization or another private 201.9 organization must be supervised and staffed according to the 201.10 terms of the contract. 201.11 Subd. 11. [DISTRICT STANDARDS.] The board of the district 201.12 must develop standards for the learning readiness program that 201.13 reflect the eligibility criteria in subdivision 3. The board 201.14 must consider including in the standards the program 201.15 characteristics in subdivision 4. 201.16 Subd. 12. [PROGRAM FEES.] A district may adopt a sliding 201.17 fee schedule based on a family's income but must waive a fee for 201.18 a participant unable to pay. The fees charged must be designed 201.19 to enable eligible children of all socioeconomic levels to 201.20 participate in the program. 201.21 Subd. 13. [ADDITIONAL REVENUE.] A district or an 201.22 organization contracting with a district may receive money or 201.23 in-kind services from a public or private organization. 201.24 Sec. 21. [120B.21] [WAY-TO-GROW/SCHOOL READINESS PROGRAM.] 201.25 Subdivision 1. [ADMINISTRATION.] The commissioner of 201.26 children, families, and learning shall administer the way to 201.27 grow/school readiness program, in collaboration with the 201.28 commissioners of health and human services, to promote 201.29 intellectual, social, emotional, and physical development and 201.30 school readiness of children prebirth to age six by coordinating 201.31 and improving access to community-based and neighborhood-based 201.32 services that support and assist all parents in meeting the 201.33 health and developmental needs of their children at the earliest 201.34 possible age. 201.35 Subd. 2. [PROGRAM COMPONENTS.] (a) A way to grow/school 201.36 readiness program must: 202.1 (1) collaborate and coordinate delivery of services with 202.2 other community organizations and agencies serving children 202.3 prebirth to age six and their families; 202.4 (2) target services to families with children prebirth to 202.5 age six with services increasing based on need; 202.6 (3) build on existing services and coordinate a continuum 202.7 of prebirth to age six essential services, including but not 202.8 limited to prenatal health services, parent education and 202.9 support, and preschool programs; 202.10 (4) provide strategic outreach efforts to families using 202.11 trained paraprofessionals such as home visitors; and 202.12 (5) support of neighborhood oriented and culturally 202.13 specific social support, information, outreach, and other 202.14 programs to promote healthy development of children and to help 202.15 parents obtain the information, resources, and parenting skills 202.16 needed to nurture and care for their children. 202.17 (b) A way to grow/school readiness program may include: 202.18 (1) a program of home visitors to contact pregnant women 202.19 early in their pregnancies, encourage them to obtain prenatal 202.20 care, and provide social support, information, and referrals 202.21 regarding prenatal care and well-baby care to reduce infant 202.22 mortality, low birth weight, and childhood injury, disease, and 202.23 disability; 202.24 (2) a program of home visitors to provide social support, 202.25 information, and referrals regarding parenting skills and to 202.26 encourage families to participate in parenting skills programs 202.27 and other family supportive services; 202.28 (3) support of neighborhood-based or community-based 202.29 parent-child and family resource centers or interdisciplinary 202.30 resource teams to offer supportive services to families with 202.31 preschool children; 202.32 (4) staff training, technical assistance, and incentives 202.33 for collaboration designed to raise the quality of community 202.34 services relating to prenatal care, child development, health, 202.35 and school readiness; 202.36 (5) programs to raise general public awareness about 203.1 practices that promote healthy child development and school 203.2 readiness; 203.3 (6) programs to expand public and private collaboration to 203.4 promote the development of a coordinated and culturally specific 203.5 system of services available to all families; 203.6 (7) support of periodic screening and evaluation services 203.7 for preschool children to assure adequate developmental 203.8 progress; 203.9 (8) support of health, educational, and other developmental 203.10 services needed by families with preschool children; 203.11 (9) support of family prevention and intervention programs 203.12 needed to address risks of child abuse or neglect; 203.13 (10) development or support of a jurisdiction-wide 203.14 coordinating agency to develop and oversee programs to enhance 203.15 child health, development, and school readiness with special 203.16 emphasis on neighborhoods with a high proportion of children in 203.17 need; and 203.18 (11) other programs or services to improve the health, 203.19 development, and school readiness of children in target 203.20 neighborhoods and communities. 203.21 Subd. 3. [ELIGIBLE GRANTEES.] An application for a grant 203.22 may be submitted by any of the following entities: 203.23 (1) a city, town, county, school district, or other local 203.24 unit of government; 203.25 (2) two or more governmental units organized under a joint 203.26 powers agreement; 203.27 (3) a community action agency that satisfies the 203.28 requirements of section 268.53, subdivision 1; or 203.29 (4) a nonprofit organization, or consortium of nonprofit 203.30 organizations, that demonstrates collaborative effort with at 203.31 least one unit of local government. 203.32 Subd. 4. [DISTRIBUTION.] The commissioner shall give 203.33 priority to funding existing programs. 203.34 To the extent possible, the commissioner shall award grants 203.35 to applicants with experience or demonstrated ability in 203.36 providing comprehensive, multidisciplinary, community-based 204.1 programs with objectives similar to those listed in subdivision 204.2 2, or in providing other human services or social services 204.3 programs using a multidisciplinary, community-based approach. 204.4 Subd. 5. [APPLICATIONS.] Each grant application must 204.5 propose a five-year program designed to accomplish the purposes 204.6 of this section. The application must be submitted on forms 204.7 provided by the commissioner. The grant application must 204.8 include: 204.9 (1) a description of the specific neighborhoods that will 204.10 be served under the program and the name, address, and a 204.11 description of each community agency or agencies with which the 204.12 applicant intends to contract to provide services using grant 204.13 money; 204.14 (2) a letter of intent from each community agency 204.15 identified in clause (1) that indicates the agency's willingness 204.16 to participate in the program and approval of the proposed 204.17 program structure and components; 204.18 (3) a detailed description of the structure and components 204.19 of the proposed program and an explanation of how each component 204.20 will contribute to accomplishing the purposes of this section; 204.21 (4) a description of how public and private resources, 204.22 including schools, health care facilities, government agencies, 204.23 neighborhood organizations, and other resources, will be 204.24 coordinated and made accessible to families in target 204.25 neighborhoods, including letters of intent from public and 204.26 private agencies indicating their willingness to cooperate with 204.27 the program; 204.28 (5) a detailed, proposed budget that demonstrates the 204.29 ability of the program to accomplish the purposes of this 204.30 section using grant money and other available resources, 204.31 including funding sources other than a grant; and 204.32 (6) a comprehensive evaluation plan for measuring the 204.33 success of the program in meeting the objectives of the overall 204.34 grant program and the individual grant project, including an 204.35 assessment of the impact of the program in terms of at least 204.36 three of the following criteria: 205.1 (i) utilization rates of community services; 205.2 (ii) availability of support systems for families; 205.3 (iii) birth weights of newborn babies; 205.4 (iv) child accident rates; 205.5 (v) utilization rates of prenatal care; 205.6 (vi) reported rates of child abuse; 205.7 (vii) rates of health screening and evaluation; and 205.8 (viii) school readiness of way to grow participants 205.9 compared to nonparticipants. 205.10 Subd. 6. [MATCH.] Each dollar of state money must be 205.11 matched with 50 cents of nonstate money. Programs may match 205.12 state money with in-kind contributions, including volunteer 205.13 assistance. 205.14 Subd. 7. [ADVISORY COMMITTEES.] The commissioner shall 205.15 establish a program advisory committee consisting of persons 205.16 knowledgeable in child development, child health, and family 205.17 services, who reflect the geographic, cultural, racial, and 205.18 ethnic diversity of the state; and representatives of the 205.19 commissioners of children, families, and learning, human 205.20 services, and health. This program advisory committee must 205.21 review grant applications, assist in distribution of the grants, 205.22 and monitor progress of the way to grow/school readiness 205.23 program. Each grantee must establish a program advisory board 205.24 of 12 or more members to advise the grantee on program design, 205.25 operation, and evaluation. The board must include 205.26 representatives of local units of government and representatives 205.27 of the project area who reflect the geographic, cultural, 205.28 racial, and ethnic diversity of that community. 205.29 Subd. 8. [REPORT.] The advisory committee must report to 205.30 the education committee of the legislature by January 15, 1993, 205.31 on the evaluation required in subdivision 5, clause (6), and 205.32 must make recommendations for establishing successful way to 205.33 grow programs in unserved areas of the state. 205.34 Sec. 22. [120B.22] [FAMILY SERVICES AND COMMUNITY-BASED 205.35 COLLABORATIVES.] 205.36 Subdivision 1. [ESTABLISHMENT.] (a) In order to qualify as 206.1 a family services collaborative, a minimum of one school 206.2 district, one county, one public health entity, one community 206.3 action agency as defined in section 268.53, and one Head Start 206.4 grantee if the community action agency is not the designated 206.5 federal grantee for the Head Start program must agree in writing 206.6 to provide coordinated family services and commit resources to 206.7 an integrated fund. Collaboratives are expected to have broad 206.8 community representation, which may include other local 206.9 providers, including additional school districts, counties, and 206.10 public health entities, other municipalities, public libraries, 206.11 existing culturally specific community organizations, tribal 206.12 entities, local health organizations, private and nonprofit 206.13 service providers, child care providers, local foundations, 206.14 community-based service groups, businesses, local transit 206.15 authorities or other transportation providers, community action 206.16 agencies under section 268.53, senior citizen volunteer 206.17 organizations, parent organizations, parents, and sectarian 206.18 organizations that provide nonsectarian services. 206.19 (b) Community-based collaboratives composed of 206.20 representatives of schools, local businesses, local units of 206.21 government, parents, students, clergy, health and social 206.22 services providers, youth service organizations, and existing 206.23 culturally specific community organizations may plan and develop 206.24 services for children and youth. A community-based 206.25 collaborative must agree to collaborate with county, school 206.26 district, community action, and public health entities. Their 206.27 services may include opportunities for children or youth to 206.28 improve child health and development, reduce barriers to 206.29 adequate school performance, improve family functioning, provide 206.30 community service, enhance self esteem, and develop general 206.31 employment skills. 206.32 (c) Members of the governing bodies of political 206.33 subdivisions involved in the establishment of a family services 206.34 collaborative shall select representatives of the 206.35 nongovernmental entities listed in paragraph (a) to serve on the 206.36 governing board of a collaborative. The governing body members 207.1 of the political subdivisions shall select one or more 207.2 representatives of the nongovernmental entities within the 207.3 family service collaborative. 207.4 Subd. 2. [DEFINITION.] For purposes of this section, 207.5 "collaborative" means either a family services collaborative 207.6 described under subdivision 1, paragraph (a), or community-based 207.7 collaboratives described under subdivision 1, paragraph (b). 207.8 Subd. 3. [DUTIES.] (a) Each collaborative must: 207.9 (1) establish, with assistance from families and service 207.10 providers, clear goals for addressing the health, developmental, 207.11 educational, and family-related needs of children and youth and 207.12 use outcome-based indicators to measure progress toward 207.13 achieving those goals; 207.14 (2) establish a comprehensive planning process that 207.15 involves all sectors of the community, identifies local needs, 207.16 and surveys existing local programs; 207.17 (3) integrate service funding sources so that children and 207.18 their families obtain services from providers best able to 207.19 anticipate and meet their needs; 207.20 (4) coordinate families' services to avoid duplicative and 207.21 overlapping assessment and intake procedures; 207.22 (5) focus primarily on family-centered services; 207.23 (6) encourage parents and volunteers to actively 207.24 participate by using flexible scheduling and actively recruiting 207.25 volunteers; 207.26 (7) provide services in locations that are readily 207.27 accessible to children and families; 207.28 (8) use new or reallocated funds to improve or enhance 207.29 services provided to children and their families; 207.30 (9) identify federal, state, and local institutional 207.31 barriers to coordinating services and suggest ways to remove 207.32 these barriers; and 207.33 (10) design and implement an integrated local service 207.34 delivery system for children and their families that coordinates 207.35 services across agencies and is client centered. The delivery 207.36 system shall provide a continuum of services for children birth 208.1 to age 18, or birth through age 21 for individuals with 208.2 disabilities. The collaborative shall describe the community 208.3 plan for serving pregnant women and children from birth to age 208.4 six. 208.5 (b) The outcome-based indicators developed in paragraph 208.6 (a), clause (1), may include the number of low birth weight 208.7 babies, the infant mortality rate, the number of children who 208.8 are adequately immunized and healthy, require out-of-home 208.9 placement or long-term special education services, and the 208.10 number of minor parents. 208.11 Subd. 4. [DUTIES OF CERTAIN COORDINATING BODIES.] By 208.12 mutual agreement of the collaborative and a coordinating body 208.13 listed in this subdivision, a family services collaborative may 208.14 assume the duties of a community transition interagency 208.15 committee established under section 120.17, subdivision 16; an 208.16 interagency early intervention committee established under 208.17 section 120.1701, subdivision 5; a local advisory council 208.18 established under section 245.4875, subdivision 5; or a local 208.19 coordinating council established under section 245.4875, 208.20 subdivision 6. 208.21 Subd. 5. [INTEGRATED LOCAL SERVICE DELIVERY SYSTEM.] A 208.22 collaborative must design an integrated local service delivery 208.23 system that coordinates funding streams and the delivery of 208.24 services between existing agencies. The integrated local 208.25 service delivery system may: 208.26 (1) improve outreach and early identification of children 208.27 and families in need of services and intervene across service 208.28 systems on behalf of families; 208.29 (2) offer an inclusive service system that supports all 208.30 families within a community; 208.31 (3) coordinate services that eliminate the need to match 208.32 funding streams, provider eligibilities, or clients with 208.33 multiple providers; 208.34 (4) improve access to services by coordinating 208.35 transportation services; 208.36 (5) provide initial outreach to all new mothers and 209.1 periodic family visits to children who are potentially at risk; 209.2 (6) coordinate assessment across systems to determine which 209.3 children and families need coordinated multiagency services and 209.4 supplemental services; 209.5 (7) include multiagency service plans and coordinate 209.6 unitary case management; and 209.7 (8) integrate funding of services. 209.8 Subd. 6. [INFORMATION SHARING.] (a) The school district, 209.9 county, and public health entity members of a family services 209.10 collaborative may inform each other as to whether an individual 209.11 or family is being served by the member, without the consent of 209.12 the subject of the data. If further information sharing is 209.13 necessary in order for the collaborative to carry out duties 209.14 under subdivision 3 or 5, the collaborative may share data if 209.15 the individual, as defined in section 13.02, subdivision 8, 209.16 gives written informed consent. Data on individuals shared 209.17 under this subdivision retain the original classification as 209.18 defined under section 13.02, as to each member of the 209.19 collaborative with whom the data is shared. 209.20 (b) If a federal law or regulation impedes information 209.21 sharing that is necessary in order for a collaborative to carry 209.22 out duties under subdivision 3 or 5, the appropriate state 209.23 agencies shall seek a waiver or exemption from the applicable 209.24 law or regulation. 209.25 Subd. 7. [INTEGRATED FUND.] (a) A collaborative must 209.26 establish an integrated fund to help provide an integrated 209.27 service system and fund additional supplemental services. The 209.28 integrated fund may consist of federal, state, local, or private 209.29 resources. The collaborative agreement must specify a minimum 209.30 financial commitment by the contributors to an integrated fund. 209.31 Contributors may not reduce their financial commitment except as 209.32 specified in the agreement or by federal declaration. 209.33 (b) A collaborative must seek to maximize federal and 209.34 private funds by designating local expenditures for services 209.35 that can be matched with federal or private grant funds and by 209.36 designing services to meet the requirements for state or federal 210.1 reimbursement. 210.2 (c) Collaboratives may seek to maximize federal 210.3 reimbursement of funds under section 256F.10. 210.4 Subd. 8. [LOCAL PLANS.] The collaborative plan must 210.5 describe how the collaborative will carry out the duties and 210.6 implement the integrated local services delivery system required 210.7 under this section. The plan must include a list of the 210.8 collaborative participants, a copy of the agreement required 210.9 under subdivision 1, the amount and source of resources each 210.10 participant will contribute to the integrated fund, and methods 210.11 for increasing local participation in the collaborative, 210.12 involving parents and other community members in implementing 210.13 and operating the collaborative, and providing effective 210.14 outreach services to all families with young children in the 210.15 community. The plan must also include specific goals that the 210.16 collaborative intends to achieve and methods for objectively 210.17 measuring progress toward meeting the goals. 210.18 Subd. 9. [PLAN APPROVAL BY THE CHILDREN'S CABINET.] (a) 210.19 The children's cabinet must approve local plans for 210.20 collaboratives. In approving local plans, the children's 210.21 cabinet must give highest priority to a plan that provides: 210.22 (1) early intervention and family outreach services; 210.23 (2) family visitation services; 210.24 (3) a continuum of services for children from birth to age 210.25 18; 210.26 (4) family preservation services; 210.27 (5) culturally sensitive approaches for delivering services 210.28 and utilizing culturally specific organizations; 210.29 (6) clearly defined outcomes and valid methods of 210.30 assessment; 210.31 (7) effective service coordination; 210.32 (8) participation by the maximum number of jurisdictions 210.33 and local, county, and state funding sources; 210.34 (9) integrated community service providers and local 210.35 resources; 210.36 (10) integrated transportation services; 211.1 (11) integrated housing services; and 211.2 (12) coordinated services that include a children's mental 211.3 health collaborative authorized by law. 211.4 (b) The children's cabinet must ensure that the 211.5 collaboratives established under this section do not conflict 211.6 with any state or federal policy or program and do not 211.7 negatively impact the state budget. 211.8 Subd. 10. [RECEIPT OF FUNDS.] The office of strategic and 211.9 long-range planning may receive and administer public and 211.10 private funds for the purposes of Laws 1993, chapter 224. 211.11 Sec. 23. [120B.23] [PURPOSE.] 211.12 The purpose of sections 121.85 to 121.88 is to make maximum 211.13 use of the public schools of Minnesota by the community and to 211.14 expand utilization by the school of the human resources of the 211.15 community, by establishing a community education program. 211.16 Sec. 24. [120B.24] [COMMUNITY EDUCATION PROGRAMS; ADVISORY 211.17 COUNCIL.] 211.18 Subdivision 1. [AUTHORIZATION.] Each school board may 211.19 initiate a community education program in its district and 211.20 provide for the general supervision of the program. Each board 211.21 may, as it considers appropriate, employ community education 211.22 directors and coordinators to further the purposes of the 211.23 community education program. 211.24 Subd. 2. [ADVISORY COUNCIL.] Each board must provide for 211.25 an advisory council to consist of members who represent: 211.26 various service organizations; churches; public and nonpublic 211.27 schools; local government including elected officials; public 211.28 and private nonprofit agencies serving youth and families; 211.29 parents; youth; park, recreation or forestry services of 211.30 municipal or local government units located in whole or in part 211.31 within the boundaries of the school district; and any other 211.32 groups participating in the community education program in the 211.33 school district. 211.34 Subd. 3. [COOPERATION.] The council must function in 211.35 cooperation with the community education director in an advisory 211.36 capacity in the interest of promoting the goals and objectives 212.1 of sections 121.85 to 121.88. 212.2 Subd. 4. [DUPLICATION POLICY.] Each council must adopt a 212.3 policy to reduce and eliminate program duplication within the 212.4 district. 212.5 Subd. 5. [SUMMER PROGRAMS.] Notwithstanding any law to the 212.6 contrary, during the summer a school district may offer 212.7 community education programs to elementary and secondary 212.8 pupils. The district may use community education revenue 212.9 received pursuant to section 124.2713 and charge fees for the 212.10 cost of the programs. 212.11 Subd. 6. [PROGRAMS FOR ADULTS WITH DISABILITIES.] A board 212.12 may offer, as part of a community education program, a program 212.13 for adults with disabilities. Boards are encouraged to offer 212.14 programs cooperatively with other districts and organizations. 212.15 Programs may not be limited to district residents. Programs may 212.16 include: 212.17 (1) services enabling the adults to participate in 212.18 community activities or community education classes; 212.19 (2) classes specifically for adults with disabilities; 212.20 (3) outreach activities to identify adults needing service; 212.21 (4) activities to increase public awareness of the roles of 212.22 people with disabilities; 212.23 (5) activities to enhance the role of people with 212.24 disabilities in the community; and 212.25 (6) other direct and indirect services and activities 212.26 benefiting adults with disabilities. 212.27 Subd. 7. [PROGRAM APPROVAL.] To be eligible for revenue 212.28 for the program for adults with disabilities, a program and 212.29 budget must receive approval from the community education 212.30 section in the department. Approval may be for five years. 212.31 During that time, a board must report any significant changes to 212.32 the department for approval. For programs offered 212.33 cooperatively, the request for approval must include an 212.34 agreement on the method by which local money is to be derived 212.35 and distributed. A request for approval must include all of the 212.36 following: 213.1 (1) characteristics of the people to be served; 213.2 (2) description of the program services and activities; 213.3 (3) program budget and amount of aid requested; 213.4 (4) participation by adults with disabilities in developing 213.5 the program; 213.6 (5) assessment of the needs of adults with disabilities; 213.7 and 213.8 (6) cooperative efforts with community organizations. 213.9 Subd. 8. [YOUTH DEVELOPMENT PLANS.] A district advisory 213.10 council may prepare a youth development plan. The council is 213.11 encouraged to use the state guidelines when developing the local 213.12 plan. The school board may approve the youth development plan. 213.13 Subd. 9. [YOUTH SERVICE PROGRAMS.] A school board may 213.14 offer, as part of a community education program with a youth 213.15 development program, a youth service program that provides young 213.16 people with meaningful opportunities to become involved in their 213.17 community, develop individual capabilities, make career 213.18 connections, seek support networks and services, become active 213.19 citizens, and address community needs through youth service. 213.20 The board may award up to one credit, or the equivalent, toward 213.21 graduation for a pupil who completes the youth service 213.22 requirements of the district. The community education advisory 213.23 council, after considering the results of the commissioner's 213.24 study under section 121.885, subdivision 1, must design the 213.25 program in cooperation with the district planning, evaluating 213.26 and reporting committee and local organizations that train 213.27 volunteers or need volunteers' services. Programs must include: 213.28 (1) preliminary training for pupil volunteers conducted, 213.29 when possible, by organizations experienced in such training; 213.30 (2) supervision of the pupil volunteers to ensure 213.31 appropriate placement and adequate learning opportunity; 213.32 (3) sufficient opportunity, in a positive setting for human 213.33 development, for pupil volunteers to develop general skills in 213.34 preparation for employment, to enhance self-esteem and 213.35 self-worth, and to give genuine service to their community; 213.36 (4) integration of academic learning with the service 214.1 experience; and 214.2 (5) integration of youth community service with elementary 214.3 and secondary curriculum. 214.4 Youth service projects include, but are not limited to, the 214.5 following: 214.6 (1) human services for the elderly, including home care and 214.7 related services; 214.8 (2) tutoring and mentoring; 214.9 (3) training for and providing emergency services; 214.10 (4) services at extended day programs; 214.11 (5) environmental services; and 214.12 (6) service-learning programs in which schools, including 214.13 post-secondary schools, and employers work together with young 214.14 people to provide them with meaningful opportunities for 214.15 community service and with the academic and technical skills 214.16 that employers require. 214.17 The commissioner shall maintain a list of acceptable 214.18 projects with a description of each project. A project that is 214.19 not on the list must be approved by the commissioner. 214.20 A youth service project must have a community sponsor that 214.21 may be a governmental unit or nonprofit organization. To assure 214.22 that pupils provide additional services, each sponsor must 214.23 assure that pupil services do not displace employees or reduce 214.24 the workload of any employee. 214.25 The commissioner shall assist districts in planning youth 214.26 service programs, implementing programs, and developing 214.27 recommendations for obtaining community sponsors. 214.28 Subd. 10. [EXTENDED DAY PROGRAMS.] A school board may 214.29 offer, as part of a community education program, an extended day 214.30 program for children from kindergarten through grade 6 for the 214.31 purpose of expanding students' learning opportunities. A 214.32 program must include the following: 214.33 (1) adult supervised programs while school is not in 214.34 session; 214.35 (2) parental involvement in program design and direction; 214.36 (3) partnerships with the kindergarten through grade 12 215.1 system, and other public, private, or nonprofit entities; and 215.2 (4) opportunities for trained secondary school pupils to 215.3 work with younger children in a supervised setting as part of a 215.4 community service program. 215.5 The district may charge a sliding fee based upon family 215.6 income for extended day programs. The district may receive 215.7 money from other public or private sources for the extended day 215.8 program. The board of the district must develop standards for 215.9 school age child care programs. Districts with programs in 215.10 operation before July 1, 1990, must adopt standards before 215.11 October 1, 1991. All other districts must adopt standards 215.12 within one year after the district first offers services under a 215.13 program authorized by this subdivision. The state board of 215.14 education may not adopt rules for extended day programs. 215.15 Sec. 25. [120B.25] [EARLY CHILDHOOD FAMILY EDUCATION 215.16 PROGRAMS.] 215.17 Subdivision 1. [ESTABLISHMENT.] A district that provides a 215.18 community education program may establish an early childhood 215.19 family education program. Two or more districts, each of which 215.20 provides a community education program, may cooperate to jointly 215.21 provide an early childhood family education program. 215.22 Subd. 2. [PROGRAM CHARACTERISTICS.] Early childhood family 215.23 education programs are programs for children in the period of 215.24 life from birth to kindergarten, for the parents of such 215.25 children, and for expectant parents. The programs may include 215.26 the following: 215.27 (1) programs to educate parents about the physical, mental, 215.28 and emotional development of children; 215.29 (2) programs to enhance the skills of parents in providing 215.30 for their children's learning and development; 215.31 (3) learning experiences for children and parents; 215.32 (4) activities designed to detect children's physical, 215.33 mental, emotional, or behavioral problems that may cause 215.34 learning problems; 215.35 (5) activities and materials designed to encourage 215.36 self-esteem, skills, and behavior that prevent sexual and other 216.1 interpersonal violence; 216.2 (6) educational materials which may be borrowed for home 216.3 use; 216.4 (7) information on related community resources; 216.5 (8) programs to prevent child abuse and neglect; or 216.6 (9) other programs or activities to improve the health, 216.7 development, and learning readiness of children. 216.8 The programs must not include activities for children that 216.9 do not require substantial involvement of the children's 216.10 parents. The programs must be reviewed periodically to assure 216.11 the instruction and materials are not racially, culturally, or 216.12 sexually biased. The programs must encourage parents to be 216.13 aware of practices that may affect equitable development of 216.14 children. 216.15 Subd. 3. [SUBSTANTIAL PARENTAL INVOLVEMENT.] The 216.16 requirement of substantial parental involvement in subdivision 2 216.17 means that: 216.18 (a) parents must be physically present much of the time in 216.19 classes with their children or be in concurrent classes; 216.20 (b) parenting education or family education must be an 216.21 integral part of every early childhood family education program; 216.22 (c) early childhood family education appropriations must 216.23 not be used for traditional day care or nursery school, or 216.24 similar programs; and 216.25 (d) the form of parent involvement common to kindergarten, 216.26 elementary school, or early childhood special education programs 216.27 such as parent conferences, newsletters, and notes to parents do 216.28 not qualify a program under subdivision 2. 216.29 Subd. 4. [HOME VISITING PROGRAM.] (a) The commissioner 216.30 shall include as part of the early childhood family education 216.31 programs a parent education component to prevent child abuse and 216.32 neglect. This parent education component must include: 216.33 (1) expanding statewide the home visiting component of the 216.34 early childhood family education programs; 216.35 (2) training parent educators, child educators, community 216.36 outreach workers, and home visitors in the dynamics of child 217.1 abuse and neglect and positive parenting and discipline 217.2 practices; and 217.3 (3) developing and disseminating education and public 217.4 information materials that promote positive parenting skills and 217.5 prevent child abuse and neglect. 217.6 (b) The parent education component must: 217.7 (1) offer to isolated or at-risk families home visiting 217.8 parent education services that at least address parenting 217.9 skills, a child's development and stages of growth, 217.10 communication skills, managing stress, problem-solving skills, 217.11 positive child discipline practices, methods of improving 217.12 parent-child interactions and enhancing self-esteem, using 217.13 community support services and other resources, and encouraging 217.14 parents to have fun with and enjoy their children; 217.15 (2) develop a risk assessment tool to determine the 217.16 family's level of risk; 217.17 (3) establish clear objectives and protocols for home 217.18 visits; 217.19 (4) determine the frequency and duration of home visits 217.20 based on a risk-need assessment of the client, with home visits 217.21 beginning in the second trimester of pregnancy and continuing, 217.22 based on client need, until a child is six years old; 217.23 (5) encourage families to make a transition from home 217.24 visits to site-based parenting programs to build a family 217.25 support network and reduce the effects of isolation; 217.26 (6) develop and distribute education materials on 217.27 preventing child abuse and neglect that may be used in home 217.28 visiting programs and parent education classes and distributed 217.29 to the public; 217.30 (7) initially provide at least 40 hours of training and 217.31 thereafter ongoing training for parent educators, child 217.32 educators, community outreach workers, and home visitors that 217.33 covers the dynamics of child abuse and neglect, domestic 217.34 violence and victimization within family systems, signs of abuse 217.35 or other indications that a child may be at risk of being abused 217.36 or neglected, what child abuse and neglect are, how to properly 218.1 report cases of child abuse and neglect, respect for cultural 218.2 preferences in child rearing, what community resources, social 218.3 service agencies, and family support activities and programs are 218.4 available, child development and growth, parenting skills, 218.5 positive child discipline practices, identifying stress factors 218.6 and techniques for reducing stress, home visiting techniques, 218.7 and risk assessment measures; 218.8 (8) provide program services that are community-based, 218.9 accessible, and culturally relevant; and 218.10 (9) foster collaboration among existing agencies and 218.11 community-based organizations that serve young children and 218.12 their families. 218.13 (c) Home visitors should reflect the demographic 218.14 composition of the community the home visitor is serving to the 218.15 extent possible. 218.16 Subd. 5. [SEPARATE ACCOUNTS.] The district must maintain a 218.17 separate account within the community education fund for money 218.18 for early childhood family education programs. 218.19 Subd. 6. [PARTICIPANTS' FEES.] A district may charge a 218.20 reasonable fee but it shall waive the fee for a participant 218.21 unable to pay. 218.22 Subd. 7. [ADDITIONAL FUNDING.] A district may receive 218.23 funds from any governmental agency or private source. 218.24 Subd. 8. [COORDINATION.] A district is encouraged to 218.25 coordinate the program with its special education and vocational 218.26 education programs and with related services provided by other 218.27 governmental agencies and nonprofit agencies. 218.28 A district is encouraged to coordinate adult basic 218.29 education programs provided to parents and early childhood 218.30 family education programs provided to children to accomplish the 218.31 goals of section 126.69. 218.32 Subd. 9. [DISTRICT ADVISORY COUNCILS.] The board must 218.33 appoint an advisory council from the area in which the program 218.34 is provided. A majority of the council must be parents 218.35 participating in the program. The council must assist the board 218.36 in developing, planning, and monitoring the early childhood 219.1 family education program. The council must report to the board 219.2 and the community education advisory council. 219.3 Subd. 10. [ALTERNATIVE COUNCIL.] A board may direct the 219.4 community education council, required according to section 219.5 121.88, subdivision 2, to perform the functions of the advisory 219.6 council for early childhood family education. 219.7 Subd. 11. [TEACHERS.] A school board must employ necessary 219.8 qualified teachers for its early childhood family education 219.9 programs. 219.10 Subd. 12. [ASSISTANCE.] The department must provide 219.11 assistance to districts with programs described in this 219.12 section. The department must establish guidelines that list 219.13 barriers to learning and development affecting children served 219.14 by early childhood family education programs. 219.15 Sec. 26. [120B.26] [ENDOWED CHAIR.] 219.16 Subdivision 1. [PURPOSE.] The purpose of the endowed chair 219.17 program is to increase curriculum offerings and learning 219.18 experiences available to students. 219.19 Subd. 2. [ELIGIBILITY.] A school site, represented by the 219.20 school site council or, if no site council exists, the principal 219.21 or lead teacher, and the party interested in endowing a chair 219.22 may enter into an agreement for an endowed chair for no longer 219.23 than one year in length. The party endowing the chair and the 219.24 school site may, at their discretion, renew annually. 219.25 Subd. 3. [PROGRAM.] An endowed chair program may be for a 219.26 semester, a summer session, or a full school year. Curriculum 219.27 developed or provided under the endowed chair program must 219.28 supplement the existing curriculum offerings available at the 219.29 school in the particular subject chosen. 219.30 Subd. 4. [AGREEMENT.] The agreement must make available 219.31 funds sufficient for the salary and benefit costs of the 219.32 instructor, and necessary supplies for the course. The 219.33 participating site must provide the classroom space and 219.34 administer the program. The parties, in consultation with the 219.35 school district and the exclusive representative of the 219.36 teachers, jointly select the instructor for the endowed chair. 220.1 Sec. 27. [120B.27] [SERVICE LEARNING AND WORK-BASED 220.2 LEARNING CURRICULUM AND PROGRAMS.] 220.3 Subdivision 1. [SERVICE-LEARNING AND WORK-BASED LEARNING 220.4 PROGRAMS STUDY.] The governor's workforce development council 220.5 must assist the commissioner in studying how to combine 220.6 community service activities and service-learning with 220.7 work-based learning programs. 220.8 Subd. 2. [SERVICE-LEARNING PROGRAMS DEVELOPED.] The 220.9 commissioner, in consultation with the commission, shall develop 220.10 a service-learning program curriculum that includes a policy 220.11 framework and strategies for youth community service and an 220.12 infrastructure for mentoring youth. The commissioner shall 220.13 include in the curriculum at least the following: 220.14 (1) youth community service strategies that enable young 220.15 people to make significant contributions to the welfare of their 220.16 community through such organizations as schools, colleges, 220.17 government agencies, and community-based organizations or 220.18 through individual efforts; 220.19 (2) mentoring strategies that enable young people to be 220.20 matched with caring, responsible individuals who can encourage 220.21 and guide the young people in their personal growth and 220.22 development; 220.23 (3) guidelines, criteria, and procedures for community 220.24 service programs that incorporate the results of the study in 220.25 subdivision 1; and 220.26 (4) criteria for community service activities and 220.27 service-learning. 220.28 Subd. 3. [STRUCTURING PROGRAMS ACCORDING TO GRADE OR 220.29 EDUCATION LEVEL.] The service-learning curriculum must 220.30 accommodate students' grade level or the last completed grade 220.31 level of the participants not currently enrolled in school. 220.32 Schools must provide at least the following: 220.33 (1) for students in grades 7 to 9, an opportunity to learn 220.34 about service-learning activities and possible occupations; 220.35 (2) for students in grade 10, an opportunity to apply for 220.36 service-learning under section 121.88, subdivision 9, and youth 221.1 apprenticeship programs; and 221.2 (3) for students in grades 11 and 12 and young people not 221.3 currently enrolled in school, an opportunity to become involved 221.4 in community service activities, participate in youth 221.5 apprenticeship programs, and, depending upon the individual's 221.6 demonstrated abilities, complete high school or pursue 221.7 post-secondary coursework. 221.8 Subd. 4. [PROGRAMS FOLLOWING YOUTH COMMUNITY SERVICE.] (a) 221.9 The Minnesota commission on national and community service in 221.10 cooperation with the governor's workforce development council, 221.11 the commissioner and the higher education services office, shall 221.12 provide for those participants who successfully complete youth 221.13 community service under sections 121.704 to 121.709, the 221.14 following: 221.15 (1) for those who have a high school diploma or its 221.16 equivalent, an opportunity to participate in a youth 221.17 apprenticeship program at a community or technical college; and 221.18 (2) for those who are post-secondary students, an 221.19 opportunity to participate in an educational program that 221.20 supplements post-secondary courses leading to a degree or a 221.21 statewide credential of academic and occupational proficiency. 221.22 (b) Participants who successfully complete a youth 221.23 community service program under sections 121.704 to 121.710 are 221.24 eligible to receive an education voucher as provided under 221.25 section 121.707, subdivision 4. The voucher recipient may apply 221.26 the voucher toward the cost of the recipient's tuition and other 221.27 education-related expenses at a post-secondary school under 221.28 paragraph (a). 221.29 (c) The governor's workforce development council, in 221.30 cooperation with the board of trustees of the Minnesota state 221.31 colleges and universities, must establish a mechanism to 221.32 transfer credit earned in a youth apprenticeship program between 221.33 the technical colleges and other post-secondary institutions 221.34 offering applied associate degrees. 221.35 Sec. 28. [120B.28] [MINNESOTA SCHOOL-TO-WORK STUDENT 221.36 ORGANIZATION.] 222.1 Subdivision 1. [CITATION.] This section may be cited as 222.2 the "Minnesota school-to-work student organization act." 222.3 Subd. 2. [CREATION OF FOUNDATION.] There is created the 222.4 Minnesota school-to-work student organization foundation. The 222.5 purpose of the foundation is to promote vocational student 222.6 organizations and applied leadership opportunities in Minnesota 222.7 public schools through public-private partnerships. The 222.8 foundation is a nonprofit organization. The board of directors 222.9 of the foundation and activities of the foundation are under the 222.10 direction of the department. 222.11 Subd. 3. [BOARD OF DIRECTORS.] The board of directors of 222.12 the school-to-work student organization foundation consists of: 222.13 (1) chairs or designees from the board of directors of FFA 222.14 (formerly Future Farmers of America), Future Leaders of 222.15 America/Future Homemakers of America, post-secondary agriculture 222.16 students, home economics related occupations, Health Occupations 222.17 Student Association, Distributive Education Clubs of America, 222.18 Delta Upsilon Chi, Secondary Vocational Industrial Clubs of 222.19 America, Post-secondary Vocational Industrial Clubs of America, 222.20 Secondary Business Professionals of America, and Post-secondary 222.21 Business Professionals of America; 222.22 (2) four members from business and industry appointed by 222.23 the governor; and 222.24 (3) five students representing diverse vocational areas, 222.25 three of whom are appointed by the commissioner of children, 222.26 families, and learning and two of whom are appointed by the 222.27 chancellor of the Minnesota state colleges and universities with 222.28 the advice of the executive councils of each vocational 222.29 education student organization. 222.30 Executive directors of vocational education student 222.31 organizations are ex officio, nonvoting members of the board. 222.32 Subd. 4. [FOUNDATION PROGRAMS.] The foundation shall 222.33 advance applied leadership and intracurricular vocational 222.34 learning experiences for students. These may include, but are 222.35 not limited to: 222.36 (1) recognition programs and awards for students 223.1 demonstrating excellence in applied leadership; 223.2 (2) summer programs for student leadership, career 223.3 development, applied academics, and mentorship programs with 223.4 business and industry; 223.5 (3) recognition programs for teachers, administrators, and 223.6 others who make outstanding contributions to school-to-work 223.7 programs; 223.8 (4) outreach programs to increase the involvement of urban 223.9 and suburban students; 223.10 (5) organized challenges requiring cooperation and 223.11 competition for secondary and post-secondary students; 223.12 (6) assistance and training to community teams to increase 223.13 career awareness and empowerment of youth as community leaders; 223.14 and 223.15 (7) assessment and activities in order to plan for and 223.16 implement continuous improvement. 223.17 To the extent possible, the foundation must make these 223.18 programs available to students in all parts of the state. 223.19 Subd. 5. [POWERS AND DUTIES.] The foundation may: 223.20 (1) identify and plan common goals and priorities for the 223.21 various school-to-work student organizations in Minnesota; 223.22 (2) publish brochures or booklets relating to the purposes 223.23 of the foundation and collect reasonable fees for the 223.24 publications; 223.25 (3) seek and receive public and private money, grants, and 223.26 in-kind services and goods from nonstate sources for the 223.27 purposes of the foundation; 223.28 (4) contract with consultants on behalf of the 223.29 school-to-work student organizations; and 223.30 (5) plan, implement, and expend money for awards and other 223.31 forms of recognition for school-to-work student activities. 223.32 Subd. 6. [CONTRACTS.] The foundation board of directors 223.33 shall review and approve foundation personnel and programming 223.34 contracts. 223.35 Subd. 7. [FOUNDATION STAFF.] The commissioner shall 223.36 appoint the executive director of the foundation from three 224.1 candidates nominated and submitted by the foundation board of 224.2 directors and, as necessary, other staff who shall perform 224.3 duties and have responsibilities solely related to the 224.4 foundation. The employees appointed are not state employees 224.5 under chapter 43A, but are covered under section 3.736. The 224.6 employees may participate in the state health and state 224.7 insurance plans for employees in unclassified service. 224.8 The commissioner shall appoint from the office of lifework 224.9 development a liaison to the foundation board. 224.10 Subd. 8. [PUBLIC FUNDING.] The commissioner shall identify 224.11 and secure appropriate sources of state and federal funding from 224.12 various state agencies, including, but not limited to, Minnesota 224.13 state colleges and universities, for the operation and 224.14 development of school-to-work student organizations. 224.15 Subd. 9. [PRIVATE FUNDING.] The foundation must seek 224.16 private resources to supplement the allocated state and federal 224.17 money. Individuals, businesses, and other organizations may 224.18 contribute to the foundation in any manner specified by the 224.19 board of directors. 224.20 Subd. 10. [REPORT.] The foundation must submit an annual 224.21 report and assessment to the office of lifework development and 224.22 to the board of trustees of the Minnesota state colleges and 224.23 universities. 224.24 Subd. 11. [APPROPRIATION.] All the amounts received by the 224.25 foundation pursuant to this section are annually appropriated to 224.26 the foundation. 224.27 Subd. 12. [STUDENT ORGANIZATIONS.] Individual boards of 224.28 vocational education student organizations shall continue their 224.29 operations in accordance with section 126.151 and applicable 224.30 federal law. 224.31 Sec. 29. [120B.29] [SHORT TITLE.] 224.32 Sections 121.701 to 121.710 shall be cited as the 224.33 "Minnesota youth works act." 224.34 Sec. 30. [120B.30] [PURPOSE.] 224.35 The purposes of sections 121.701 to 121.710 are to: 224.36 (1) renew the ethic of civic responsibility in Minnesota; 225.1 (2) empower youth to improve their life opportunities 225.2 through literacy, job placement, and other essential skills; 225.3 (3) empower government to meet its responsibility to 225.4 prepare young people to be contributing members of society; 225.5 (4) help meet human, educational, environmental, and public 225.6 safety needs, particularly those needs relating to poverty; 225.7 (5) prepare a citizenry that is academically competent, 225.8 ready for work, and socially responsible; 225.9 (6) demonstrate the connection between youth and community 225.10 service, community service and education, and education and 225.11 meaningful opportunities in the business community; 225.12 (7) demonstrate the connection between providing 225.13 opportunities for at-risk youth and reducing crime rates and the 225.14 social costs of troubled youth; 225.15 (8) create linkages for a comprehensive youth service and 225.16 learning program in Minnesota including school age programs, 225.17 higher education programs, youth work programs, and service 225.18 corps programs; and 225.19 (9) coordinate federal and state activities that advance 225.20 the purposes in this section. 225.21 Sec. 31. [120B.31] [DEFINITION.] 225.22 Subdivision 1. [APPLICABILITY.] The definitions in this 225.23 section apply to sections 121.701 to 121.710. 225.24 Subd. 2. [ELIGIBLE ORGANIZATION.] "Eligible organization" 225.25 means: 225.26 (1) a local unit of government including a statutory or 225.27 home rule charter city, township, county, or group of two or 225.28 more contiguous counties; 225.29 (2) an existing nonprofit organization organized under 225.30 chapter 317A; 225.31 (3) an educational institution; 225.32 (4) a private industry council; 225.33 (5) a state agency; or 225.34 (6) a federal agency. 225.35 Subd. 3. [FEDERAL LAW.] "Federal law" means Public Law 225.36 Number 101-610, as amended, or any other federal law or program 226.1 assisting youth community service, work-based learning, or youth 226.2 transition from school to work. 226.3 Subd. 4. [MENTOR.] "Mentor" means a business person, an 226.4 adult from the community, or a person who has successfully 226.5 completed the youth works program who volunteers to establish a 226.6 one-on-one relationship with a participant in the youth works 226.7 program to encourage and guide the participant to obtain an 226.8 education, participate in service and work-related activities, 226.9 and effectively use postservice benefits. 226.10 Subd. 5. [PARTICIPANT.] "Participant" means an individual 226.11 enrolled in a program that receives assistance under sections 226.12 121.701 to 121.710. 226.13 Subd. 6. [PLACEMENT.] "Placement" means the matching of a 226.14 participant with a specific project. 226.15 Subd. 7. [PROGRAM.] "Program" means an activity carried 226.16 out with assistance provided under sections 121.701 to 121.710. 226.17 Subd. 8. [PROJECT.] "Project" means an activity that 226.18 results in a specific identifiable service or product that could 226.19 not be done from the resources of the eligible organization and 226.20 that does not duplicate the routine services or functions of the 226.21 eligible organization. 226.22 Subd. 9. [COMMISSION.] "Commission" means the Minnesota 226.23 commission on national and community service established in 226.24 section 121.703. 226.25 Subd. 10. [COUNCIL.] "Council" means the governor's 226.26 workforce development council. 226.27 Sec. 32. [120B.32] [MINNESOTA COMMISSION ON NATIONAL AND 226.28 COMMUNITY SERVICE.] 226.29 Subdivision 1. [CREATION.] The Minnesota commission on 226.30 national and community service is established to assist the 226.31 governor and the legislature in implementing sections 121.701 to 226.32 121.710 and federal law. Retroactive to the first Monday in 226.33 January 1994, the terms of the members of the first commission 226.34 shall be, as nearly as possible, one year for one-third of the 226.35 members, two years for one-third of the members, and three years 226.36 for one-third of the members. The members of the first 227.1 commission shall determine the length of their terms by lot. 227.2 Thereafter, the terms of commission members shall be for three 227.3 years. Commission members may be reappointed upon the 227.4 completion of their current term. The compensation, filling of 227.5 vacancies, and removal of members are governed by section 227.6 15.0575. The commission may accept gifts and contributions from 227.7 public and private organizations. 227.8 Subd. 2. [MEMBERSHIP.] (a) The commission consists of 18 227.9 voting members. Voting members shall include the commissioner 227.10 of children, families, and learning, a representative of the 227.11 children's cabinet elected by the members of the children's 227.12 cabinet, and the executive director of the higher education 227.13 services office. 227.14 (b) The governor shall appoint 15 additional voting members. 227.15 Eight of the voting members appointed by the governor shall 227.16 include a representative of public or nonprofit organizations 227.17 experienced in youth employment and training, organizations 227.18 promoting adult service and volunteerism, community-based 227.19 service agencies or organizations, local public or private 227.20 sector labor unions, local governments, business, a national 227.21 service program, and Indian tribes. The remaining seven voting 227.22 members appointed by the governor shall include an individual 227.23 with expertise in the educational, training, and development 227.24 needs of youth, particularly disadvantaged youth; a youth or 227.25 young adult who is a participant in a higher education-based 227.26 service-learning program; a disabled individual representing 227.27 persons with disabilities; a youth who is out-of-school or 227.28 disadvantaged; an educator of primary or secondary students; an 227.29 educator from a higher education institution; and an individual 227.30 between the ages of 16 and 25 who is a participant or supervisor 227.31 in a youth service program. 227.32 (c) The governor shall appoint up to five ex officio 227.33 nonvoting members from among the following agencies or 227.34 organizations: the departments of economic security, natural 227.35 resources, human services, health, corrections, agriculture, 227.36 public safety, finance, and labor and industry, the Minnesota 228.1 office of citizenship and volunteer services, the housing 228.2 finance agency, and Minnesota Technology, Inc. A representative 228.3 of the corporation for national and community service shall also 228.4 serve as an ex officio nonvoting member. 228.5 (d) Voting and ex officio nonvoting members may appoint 228.6 designees to act on their behalf. The number of voting members 228.7 who are state employees shall not exceed 25 percent. 228.8 (e) The governor shall ensure that, to the extent possible, 228.9 the membership of the commission is balanced according to 228.10 geography, race, ethnicity, age, and gender. The speaker of the 228.11 house and the majority leader of the senate shall each appoint 228.12 two legislators to be nonvoting members of the commission. 228.13 Subd. 3. [DUTIES.] (a) The commission must: 228.14 (1) develop, with the assistance of the governor, the 228.15 commissioner, and affected state agencies, a comprehensive state 228.16 plan to provide services under sections 121.701 to 121.710 and 228.17 federal law; 228.18 (2) actively pursue public and private funding sources for 228.19 services, including funding available under federal law; 228.20 (3) coordinate volunteer service-learning programs within 228.21 the state; 228.22 (4) develop, in cooperation with the workforce development 228.23 council and the commissioner, volunteer service-learning 228.24 programs, including curriculum, materials, and methods of 228.25 instruction; 228.26 (5) work collaboratively with the workforce development 228.27 council, the commissioner, schools, public and private agencies, 228.28 for-profit and nonprofit employers, and labor unions to identify 228.29 mentoring and service-learning opportunities, solicit and 228.30 recruit participants for these programs, and disseminate 228.31 information on the programs; 228.32 (6) administer the youth works grant program under sections 228.33 121.704 to 121.709, with assistance from the commissioner and 228.34 the executive director of the higher education services office, 228.35 including soliciting and approving grant applications from 228.36 eligible organizations, and administering individual postservice 229.1 benefits; 229.2 (7) establish an evaluation plan for programs developed and 229.3 services provided under sections 121.701 to 121.710; 229.4 (8) report to the governor, commissioner, and legislature; 229.5 (9) provide oversight and support for school, campus, and 229.6 community-based service programs; and 229.7 (10) administer the federal AmeriCorps program. 229.8 (b) Nothing in sections 121.701 to 121.710 precludes an 229.9 organization from independently seeking public or private 229.10 funding to accomplish purposes similar to those described in 229.11 paragraph (a). 229.12 Sec. 33. [120B.33] [YOUTH WORKS PROGRAM.] 229.13 The youth works program is established to fulfill the 229.14 purposes of section 121.701. The youth works program must 229.15 supplement existing programs and services. The program must not 229.16 displace existing programs and services, existing funding of 229.17 programs or services, or existing employment and employment 229.18 opportunities. No eligible organization may terminate, layoff, 229.19 or reduce the hours of work of an employee to place or hire a 229.20 program participant. No eligible organization may place or hire 229.21 an individual for a project if an employee is on layoff from the 229.22 same or a substantially equivalent position. 229.23 Sec. 34. [120B.34] [YOUTH WORKS GRANT.] 229.24 Subdivision 1. [APPLICATION.] An eligible organization 229.25 interested in receiving a grant under sections 121.704 to 229.26 121.709 may prepare and submit to the commission, and beginning 229.27 January 1, 1997, the council, an application that complies with 229.28 section 121.706. 229.29 Subd. 2. [GRANT AUTHORITY.] The commission and, beginning 229.30 January 1, 1997, the council must use any state appropriation 229.31 and any available federal funds, including any grant received 229.32 under federal law, to award grants to establish programs for 229.33 youth works meeting the requirements of section 121.706. At 229.34 least one grant each must be available for a metropolitan 229.35 proposal, a rural proposal, and a statewide proposal. If a 229.36 portion of the suburban metropolitan area is not included in the 230.1 metropolitan grant proposal, the statewide grant proposal must 230.2 incorporate at least one suburban metropolitan area. In 230.3 awarding grants, the commission and, beginning January 1, 1997, 230.4 the council may select at least one residential proposal and one 230.5 nonresidential proposal, provided the proposals meet or exceed 230.6 the criteria in section 121.706. 230.7 Sec. 35. [120B.35] [GRANT APPLICATIONS.] 230.8 Subdivision 1. [APPLICATIONS REQUIRED.] An organization 230.9 seeking federal or state grant money under sections 121.704 to 230.10 121.709 shall prepare and submit to the commission and, 230.11 beginning January 1, 1997, the council an application that meets 230.12 the requirements of this section. The commission and, beginning 230.13 January 1, 1997, the council must develop, and the applying 230.14 organizations must comply with, the form and manner of the 230.15 application. 230.16 Subd. 2. [APPLICATION CONTENT.] An applicant on its 230.17 application must: 230.18 (1) propose a program to provide participants the 230.19 opportunity to perform community service to meet specific unmet 230.20 community needs, and participate in classroom, work-based, and 230.21 service-learning; 230.22 (2) assess the community's unmet educational, human, 230.23 environmental, and public safety needs, the resources and 230.24 programs available for meeting those needs, and how young people 230.25 participated in assessing community needs; 230.26 (3) describe the educational component of the program, 230.27 including classroom hours per week, classroom time for 230.28 participants to reflect on the program experience, and 230.29 anticipated academic outcomes related to the service experience; 230.30 (4) describe the work to be performed, the ratio of youth 230.31 participants to crew leaders and mentors, and the expectations 230.32 and qualifications for crew leaders and mentors; 230.33 (5) describe local funds or resources available to meet the 230.34 match requirements of section 121.709; 230.35 (6) describe any funds available for the program from 230.36 sources other than the requested grant; 231.1 (7) describe any agreements with local businesses to 231.2 provide participants with work-learning opportunities and 231.3 mentors; 231.4 (8) describe any agreement with local post-secondary 231.5 educational institutions to offer participants course credits 231.6 for their community service-learning experience; 231.7 (9) describe any agreement with a local high school or an 231.8 alternative learning center to provide remedial education, 231.9 credit for community service work and work-based learning, or 231.10 graduate equivalency degrees; 231.11 (10) describe any pay for service or other program delivery 231.12 mechanism that will provide reimbursement for benefits conferred 231.13 or recover costs of services participants perform; 231.14 (11) describe how local resources will be used to provide 231.15 support and assistance for participants to encourage them to 231.16 continue with the program, fulfill the terms of the contract, 231.17 and remain eligible for any postservice benefit; 231.18 (12) describe the arbitration mechanism for dispute 231.19 resolution required under section 121.707, subdivision 2; 231.20 (13) describe involvement of community leaders in 231.21 developing broad-based support for the program; 231.22 (14) describe the consultation and sign-off process to be 231.23 used with any local labor organization representing employees in 231.24 the area engaged in work similar to that proposed for the 231.25 program to ensure that no current employees or available 231.26 employment positions will be displaced by program participants; 231.27 (15) certify to the commission and, beginning January 1, 231.28 1997, the council, and to any certified bargaining 231.29 representatives representing employees of the applying 231.30 organization that the project will not decrease employment 231.31 opportunities that would be available without the project; will 231.32 not displace current employees including any partial 231.33 displacement in the form of reduced hours of work other than 231.34 overtime, wages, employment benefits, or regular seasonal work; 231.35 will not impair existing labor agreements; and will not result 231.36 in the substitution of project funding for preexisting funds or 232.1 sources of funds for ongoing work; 232.2 (16) describe the length of the required service period, 232.3 which may not be less than six months or more than two years, a 232.4 method to incorporate a participant's readiness to advance or 232.5 need for postservice financial assistance into individual 232.6 service requirements, and any opportunity for participating part 232.7 time or in another program; 232.8 (17) describe a program evaluation plan that contains 232.9 cost-effectiveness measures, measures of participant success 232.10 including educational accomplishments, job placements, community 232.11 contributions, and ongoing volunteer activities, outcome 232.12 measures based on a preprogram and postprogram survey of 232.13 community rates of arrest, incarceration, teenage pregnancy, and 232.14 other indicators of youth in trouble, and a list of local 232.15 resources dedicated to reducing these rates; 232.16 (18) describe a three-year financial plan for maintaining 232.17 the program; 232.18 (19) describe the role of local youth in developing all 232.19 aspects of the grant proposal; and 232.20 (20) describe the process by which the local private 232.21 industry council participated in, and reviewed the grant 232.22 application. 232.23 Sec. 36. [120B.36] [PROGRAM PROVISIONS.] 232.24 Subdivision 1. [PARTICIPANT ELIGIBILITY.] (a) An 232.25 individual is eligible to participate in full-time youth 232.26 community service if the individual: 232.27 (1) is at least 17 years old; 232.28 (2) is a citizen of the United States or lawfully admitted 232.29 for permanent residency; 232.30 (3) is applying for service and has received a high school 232.31 diploma or its equivalent, or agrees to attain a high school 232.32 diploma or its equivalent while participating in the program; 232.33 and 232.34 (4) agrees to act as an alumni volunteer or an alumni 232.35 mentor upon successfully completing the program and postprogram 232.36 education. 233.1 (b) An individual is eligible to participate in part-time 233.2 youth community service if the individual is at least 15 years 233.3 old and meets the requirements under paragraph (a), clauses (2) 233.4 to (4). 233.5 Subd. 2. [TERMS OF SERVICE.] (a) A participant shall agree 233.6 to perform community service for the period required unless the 233.7 participant is unable to complete the terms of service for the 233.8 reason provided in paragraph (b). 233.9 An agreement to perform community service must be in the 233.10 form of a written contract between the participant and the 233.11 grantee organization. Terms of the contract must include a 233.12 length of service between six months and two years, the amount 233.13 of the postservice benefit earned upon completion of the 233.14 contracted length of service, the participant's education goals 233.15 and commitment, the anticipated date of completion, dismissal 233.16 for cause, including failure to fully participate in the 233.17 education component, and the exclusive right to challenge a 233.18 dismissal for cause through binding arbitration. The arbitrator 233.19 must be chosen jointly by the grantee organization and the 233.20 participant from the community or, if agreement cannot be 233.21 reached, an arbitrator must be determined from a list of 233.22 arbitrators provided by the American Arbitration Association. 233.23 The sole remedy available to the participant through arbitration 233.24 is reinstatement to the program and eligibility for postservice 233.25 benefits. The parent or guardian of a minor shall consent in 233.26 writing to the contract between the participant and the grantee 233.27 organization. 233.28 (b) If the grantee organization releases a participant from 233.29 completing a term of service in a program receiving assistance 233.30 under sections 121.704 to 121.709 for compelling personal 233.31 circumstances as demonstrated by the participant, or if the 233.32 program in which the participant serves does not receive 233.33 continued funding for any reason, the grantee organization may 233.34 provide the participant with that portion of the financial 233.35 assistance described in subdivision 3 that corresponds to the 233.36 quantity of the service obligation completed by the individual. 234.1 If the grantee organization terminates a participant for 234.2 cause or a participant resigns without demonstrating compelling 234.3 personal circumstances under this section, no postservice 234.4 benefit under subdivision 3 may be paid. 234.5 (c) A participant performing part-time service under 234.6 sections 121.701 to 121.710 shall serve at least two weekends 234.7 each month and two weeks during the year. A part-time 234.8 participant shall serve at least 900 hours during a period of 234.9 not more than two years, or three years if enrolled in an 234.10 institution of higher education. A participant performing 234.11 full-time service under sections 121.701 to 121.710 shall serve 234.12 at least 1,700 hours during a period of not less than nine 234.13 months, or more than one year. 234.14 (d) Notwithstanding any other law to the contrary, for 234.15 purposes of tort liability under sections 3.732 and 3.736, while 234.16 participating in a program a participant is an employee of the 234.17 state. 234.18 (e) Participants performing community service in a program 234.19 are not public employees for purposes of chapter 43A, 179A, 197, 234.20 353, or any other law governing hiring or discharging of public 234.21 employees. 234.22 Subd. 3. [POSTSERVICE BENEFIT.] (a) Each eligible 234.23 organization must agree to provide to every participant who 234.24 fulfills the terms of a contract under section 121.707, 234.25 subdivision 2, a nontransferable postservice benefit. The 234.26 benefit must be not less than $4,725 per year of full-time 234.27 service or prorated for part-time service or for partial service 234.28 of at least 900 hours. Upon signing a contract under section 234.29 121.707, subdivision 2, each eligible organization must deposit 234.30 funds to cover the full amount of postservice benefits 234.31 obligated, except for national education awards that are 234.32 deposited in the national service trust fund. Funds encumbered 234.33 in fiscal years 1994 and 1995 for postservice benefits must be 234.34 available until the participants for whom the funds were 234.35 encumbered are no longer eligible to draw benefits. 234.36 (b) Nothing in this subdivision prevents a grantee 235.1 organization from using funds from nonfederal or nonstate 235.2 sources to increase the value of postservice benefits above the 235.3 value described in paragraph (a). 235.4 (c) The higher education services office must establish an 235.5 account for depositing funds for postservice benefits received 235.6 from eligible organizations. If a participant does not complete 235.7 the term of service or, upon successful completion of the 235.8 program, does not use a postservice benefit according to 235.9 subdivision 4 within seven years, the amount of the postservice 235.10 benefit must be refunded to the eligible organization or, at the 235.11 organization's discretion, dedicated to another eligible 235.12 participant. Interest earned on funds deposited in the 235.13 postservice benefit account is appropriated to the higher 235.14 education services office for the costs of administering the 235.15 postservice benefits accounts. 235.16 (d) The state must provide an additional postservice 235.17 benefit to any participant who successfully completes the 235.18 program. The benefit must be a credit of five points to be 235.19 added to the competitive open rating of a participant who 235.20 obtains a passing grade on a civil service examination under 235.21 chapter 43A. The benefit is available for five years after 235.22 completing the community service. 235.23 Subd. 4. [USES OF POSTSERVICE BENEFITS.] (a) A postservice 235.24 benefit for a participant provided under subdivision 3, 235.25 paragraph (a), (b), or (c), must be available for seven years 235.26 after completing the program and may only be used for: 235.27 (1) paying a student loan; 235.28 (2) costs of attending an institution of higher education; 235.29 or 235.30 (3) expenses incurred by a student in an approved youth 235.31 apprenticeship program under chapter 126B, or in a registered 235.32 apprenticeship program approved by the department of labor and 235.33 industry. 235.34 Financial assistance provided under this subdivision must be in 235.35 the form of vendor payments whenever possible. Any postservice 235.36 benefits provided by federal funds or vouchers may be used as a 236.1 downpayment on, or closing costs for, purchasing a first home. 236.2 (b) Postservice benefits are to be used to develop skills 236.3 required in occupations where numbers of jobs are likely to 236.4 increase. The commission, in consultation with the workforce 236.5 development council, and beginning January 1, 1997, the 236.6 workforce development council, must determine how the benefits 236.7 may be used in order to best prepare participants with skills 236.8 that build on their service-learning and equip them for 236.9 meaningful employment. 236.10 (c) The postservice benefit must not be included in 236.11 determining financial need when establishing eligibility or 236.12 award amounts for financial assistance programs under chapter 236.13 136A. 236.14 Subd. 5. [LIVING ALLOWANCE.] (a) A participant in a 236.15 full-time community service program shall receive a monthly 236.16 stipend of not less than $500. An eligible organization may 236.17 provide participants with additional amounts from nonstate 236.18 sources. The amount of the living allowance may be prorated for 236.19 part-time participants. 236.20 (b) Nothing in this subdivision requires an existing 236.21 program to decrease any stipend, salary, or living allowance 236.22 provided to a participant under the program. 236.23 (c) In addition to the living allowance provided under 236.24 paragraph (a), a grantee organization shall provide health and 236.25 child care coverage to each participant in a full-time youth 236.26 works program who does not otherwise have access to health or 236.27 child care coverage. The state must include the cost of group 236.28 health and child care coverage in the grant to the eligible 236.29 organization. 236.30 Subd. 6. [PROGRAM TRAINING.] (a) The commission and, 236.31 beginning January 1, 1997, the council must, within available 236.32 resources, ensure an opportunity for each participant to have 236.33 three weeks of training in a residential setting. If offered, 236.34 each training session must: 236.35 (1) orient each participant in the nature, philosophy, and 236.36 purpose of the program; 237.1 (2) build an ethic of community service through general 237.2 community service training; and 237.3 (3) provide additional training as it determines necessary. 237.4 (b) Each grantee organization shall also train participants 237.5 in skills relevant to the community service opportunity. 237.6 Subd. 7. [TRAINING AND EDUCATION REQUIREMENTS.] Each 237.7 grantee organization must assess the educational level of each 237.8 entering participant. Each grantee shall work to enhance the 237.9 educational skills of each participant. The commission and, 237.10 beginning January 1, 1997, the council may coordinate or 237.11 contract with educational institutions or other providers for 237.12 educational services and evaluation. All grantees shall give 237.13 priority to educating and training participants who do not have 237.14 a high school diploma or its equivalent, or who cannot afford 237.15 post-secondary training and education. 237.16 Sec. 37. [120B.37] [PRIORITY.] 237.17 The commission and, beginning January 1, 1997, the council 237.18 must give priority to an eligible organization proposing a 237.19 program that meets the goals of sections 121.704 to 121.707, and 237.20 that: 237.21 (1) involves youth in a meaningful way in all stages of the 237.22 program, including assessing community needs, preparing the 237.23 application, and assuming postservice leadership and mentoring 237.24 responsibilities; 237.25 (2) serves a community with significant unmet needs; 237.26 (3) provides an approach that is most likely to reduce 237.27 arrest rates, incarceration rates, teenage pregnancy, and other 237.28 indicators of troubled youth; 237.29 (4) builds linkages with existing, successful programs; and 237.30 (5) can be operational quickly. 237.31 Sec. 38. [120B.38] [MATCH REQUIREMENTS.] 237.32 Youth works grant funds must be used for the living 237.33 allowance, cost of employer taxes under sections 3111 and 3301 237.34 of the Internal Revenue Code of 1986, workers' compensation 237.35 coverage, and health benefits for each program participant. 237.36 Youthworks grant funds may also be used to supplement applicant 238.1 resources to fund postservice benefits for program participants. 238.2 Applicant resources, from sources and in a form determined by 238.3 the commission and, beginning January 1, 1997, the council, must 238.4 be used to provide for all other program costs, including the 238.5 portion of the applicant's obligation for postservice benefits 238.6 that is not covered by state or federal grant funds and such 238.7 costs as supplies, materials, transportation, and salaries and 238.8 benefits of those staff directly involved in the operation, 238.9 internal monitoring, and evaluation of the program. 238.10 Administrative expenses must not exceed five percent of total 238.11 program costs. 238.12 Sec. 39. [120B.39] [EVALUATION AND REPORTING 238.13 REQUIREMENTS.] 238.14 Subdivision 1. [GRANTEE ORGANIZATIONS.] Each grantee 238.15 organization shall report to the commission and, beginning 238.16 January 1, 1997, the council at the time and on the matters 238.17 requested by the commission and, beginning January 1, 1997, the 238.18 council. 238.19 Subd. 2. [INTERIM REPORT.] The commission and, beginning 238.20 January 1, 1997, the council must report semiannually to the 238.21 legislature with interim recommendations to change the program. 238.22 Subd. 3. [FINAL REPORT.] The commission and, beginning 238.23 January 1, 1997, the council must present a final report to the 238.24 legislature by January 1, 1998, summarizing grantee evaluations, 238.25 reporting on individual participants and participating grantee 238.26 organizations, and recommending any changes to improve or expand 238.27 the program. 238.28 Sec. 40. [120B.40] [SCHOOL ENRICHMENT PARTNERSHIP 238.29 PROGRAM.] 238.30 Subdivision 1. [ESTABLISHMENT.] The school enrichment 238.31 partnership program is established. The purpose of the program 238.32 is to encourage districts to expand the involvement of the 238.33 private sector in the delivery of academic programs. The 238.34 program will provide matching state funds for those provided by 238.35 the private sector. 238.36 Subd. 2. [REVENUE ELIGIBILITY.] A district or group of 239.1 districts is eligible to receive state aid under this program. 239.2 Districts may enter into joint agreements to provide programs or 239.3 make expenditures under this section. The limitations under 239.4 this subdivision apply to these programs or expenditures as if 239.5 they were operated by a single district. A district may receive 239.6 $1 of state aid for each $2 raised from the private sector. The 239.7 private match must be in the form of cash. Specific types of 239.8 noncash support may be considered for the private match. State 239.9 aid is limited to the lesser of $75,000 or $10 per pupil unit 239.10 per district. 239.11 Subd. 3. [REVENUE MANAGEMENT.] The use of the state and 239.12 private funds provided under this section is under the general 239.13 control of the board. The board may establish, without using 239.14 state funds or public employees, a separate foundation to 239.15 directly manage the funds. The private funds must be used to 239.16 acquire instructional or noninstructional academic materials of 239.17 a capital nature including, but not limited to, textbooks, 239.18 globes, maps, and other academic material. The funds may not be 239.19 used for salaries or other employee benefits. 239.20 Subd. 4. [PROCEDURES; REPORT.] The Minnesota academic 239.21 excellence foundation, under the direction of the commissioner 239.22 must establish application forms, guidelines, procedures, and 239.23 timelines for the distribution of state aid. The commissioner 239.24 may require reporting necessary to evaluate the program. 239.25 Measures of success will include numbers of partnerships and 239.26 funds raised; numbers of school foundations formed; and 239.27 demonstrated linkages of partnerships to improved instructional 239.28 delivery resulting in increased student learning. 239.29 Subd. 5. [RESULTS-ORIENTED CHARTER SCHOOLS.] 239.30 Notwithstanding section 124.248, subdivision 4, paragraph (b), a 239.31 results-oriented charter school is eligible to participate in 239.32 the program under this section as if it were a district. 239.33 Sec. 41. [120B.41] [ADULT BASIC EDUCATION.] 239.34 Subdivision 1. [PROGRAM REQUIREMENTS.] An adult basic 239.35 education program is a day or evening program offered by a 239.36 district that is for people over 16 years of age through the 240.1 1999-2000 school year and over 18 years of age beginning with 240.2 the 2000-2001 school year who do not attend an elementary or 240.3 secondary school. The program offers academic instruction 240.4 necessary to earn a high school diploma or equivalency 240.5 certificate. Tuition and fees may not be charged to a learner 240.6 for instruction paid under this section, except for a security 240.7 deposit to assure return of materials, supplies, and equipment. 240.8 Subd. 2. [PROGRAM APPROVAL.] (a) To receive aid under this 240.9 section, a district, a consortium of districts, or a private 240.10 nonprofit organization must submit an application by June 1 240.11 describing the program, on a form provided by the department. 240.12 The program must be approved by the commissioner according to 240.13 the following criteria: 240.14 (1) how the needs of different levels of learning will be 240.15 met; 240.16 (2) for continuing programs, an evaluation of results; 240.17 (3) anticipated number and education level of participants; 240.18 (4) coordination with other resources and services; 240.19 (5) participation in a consortium, if any, and money 240.20 available from other participants; 240.21 (6) management and program design; 240.22 (7) volunteer training and use of volunteers; 240.23 (8) staff development services; 240.24 (9) program sites and schedules; and 240.25 (10) program expenditures that qualify for aid. 240.26 (b) The commissioner may grant adult basic education funds 240.27 to a private, nonprofit organization to provide services that 240.28 are not offered by a district or that are supplemental to a 240.29 district's program. The program provided under this provision 240.30 must be approved and funded according to the same criteria used 240.31 for district programs. 240.32 (c) Adult basic education programs may be approved under 240.33 this subdivision for up to five years. Five-year program 240.34 approval must be granted to an applicant who has demonstrated 240.35 the capacity to: 240.36 (1) offer comprehensive learning opportunities and support 241.1 service choices appropriate for and accessible to adults at all 241.2 basic skill need levels; 241.3 (2) provide a participatory and experiential learning 241.4 approach based on the strengths, interests, and needs of each 241.5 adult, that enables adults with basic skill needs to: 241.6 (i) identify, plan for, and evaluate their own progress 241.7 toward achieving their defined educational and occupational 241.8 goals; 241.9 (ii) master the basic academic reading, writing, and 241.10 computational skills, as well as the problem-solving, decision 241.11 making, interpersonal effectiveness, and other life and learning 241.12 skills they need to function effectively in a changing society; 241.13 (iii) locate and be able to use the health, governmental, 241.14 and social services and resources they need to improve their own 241.15 and their families' lives; and 241.16 (iv) continue their education, if they desire, to at least 241.17 the level of secondary school completion, with the ability to 241.18 secure and benefit from continuing education that will enable 241.19 them to become more employable, productive, and responsible 241.20 citizens; 241.21 (3) plan, coordinate, and develop cooperative agreements 241.22 with community resources to address the needs that the adults 241.23 have for support services, such as transportation, flexible 241.24 course scheduling, convenient class locations, and child care; 241.25 (4) collaborate with business, industry, labor unions, and 241.26 employment-training agencies, as well as with family and 241.27 occupational education providers, to arrange for resources and 241.28 services through which adults can attain economic 241.29 self-sufficiency; 241.30 (5) provide sensitive and well trained adult education 241.31 personnel who participate in local, regional, and statewide 241.32 adult basic education staff development events to master 241.33 effective adult learning and teaching techniques; 241.34 (6) participate in regional adult basic education peer 241.35 program reviews and evaluations; and 241.36 (7) submit accurate and timely performance and fiscal 242.1 reports. 242.2 Subd. 3. [ACCOUNTS; REVENUE; AID.] Each district, group of 242.3 districts, or private nonprofit organization providing adult 242.4 basic education programs must establish and maintain accounts 242.5 separate from all other district accounts for the receipt and 242.6 disbursement of all funds related to these programs. All 242.7 revenue received pursuant to this section must be utilized 242.8 solely for the purposes of adult basic education programs. 242.9 Federal and state aid must not equal more than 100 percent of 242.10 the actual cost of providing these programs. 242.11 Sec. 42. [120B.42] [ADULT BASIC EDUCATION AID.] 242.12 Subdivision 1. [FULL-TIME EQUIVALENT.] In this section 242.13 "full-time equivalent" means 408 contact hours for a student at 242.14 the adult secondary instructional level and 240 contact hours 242.15 for a student at a lower instructional level. "Full-time 242.16 equivalent" for an English as a second language student means 242.17 240 contact hours. 242.18 Subd. 2. [PROGRAMS FUNDED.] Adult basic education programs 242.19 established under section 124.26 and approved by the 242.20 commissioner are eligible for revenue under this section. 242.21 Subd. 3. [AID.] Adult basic education aid for each 242.22 approved program equals 65 percent of the general education 242.23 formula allowance times the number of full-time equivalent 242.24 students in its adult basic education program. 242.25 Subd. 4. [LEVY.] A district with an eligible program may 242.26 levy an amount not to exceed the amount raised by .12 percent 242.27 times the adjusted tax capacity of the district for the 242.28 preceding year. 242.29 Subd. 5. [REVENUE.] Adult basic education revenue is equal 242.30 to the sum of an approved program's adult basic education aid 242.31 and its adult basic education levy. 242.32 Subd. 6. [AID GUARANTEE.] (a) For fiscal year 1994, any 242.33 adult basic education program that receives less state aid under 242.34 subdivisions 3 and 7 than from the aid formula for fiscal year 242.35 1992 must receive the amount of aid it received in fiscal year 242.36 1992. 243.1 (b) For 1995 and later fiscal years, an adult basic 243.2 education program that receives aid must receive at least the 243.3 amount of aid it received in fiscal year 1992 under subdivisions 243.4 3 and 7, plus aid equal to the amount of revenue that would have 243.5 been raised for taxes payable in 1994 under Minnesota Statutes 243.6 1992, section 124.2601, subdivision 4, minus the amount raised 243.7 under subdivision 4. 243.8 Subd. 7. [PRORATION.] If the total appropriation for adult 243.9 basic education aid is insufficient to pay all approved programs 243.10 the full amount of aid earned, the department must 243.11 proportionately reduce each approved program's aid. 243.12 Sec. 43. [120B.43] [GED TEST FEES.] 243.13 The commissioner shall pay 60 percent of the fee that is 243.14 charged to an eligible individual for the full battery of a GED 243.15 test, but not more than $20 for an eligible individual. 243.16 Sec. 44. [120B.44] [ADULT HIGH SCHOOL GRADUATION AID.] 243.17 Subdivision 1. [AID ELIGIBILITY.] For fiscal year 1996, 243.18 adult high school graduation aid for eligible pupils age 21 or 243.19 over, equals 65 percent of the general education formula 243.20 allowance times 1.30 times the average daily membership under 243.21 section 124.17, subdivision 2e. For 1997 and later fiscal 243.22 years, adult high school graduation aid per eligible pupil 243.23 equals the amount established by the commissioner, in 243.24 consultation with the commissioner of finance, based on the 243.25 appropriation for this program. Adult high school graduation 243.26 aid must be paid in addition to any other aid to the district. 243.27 Pupils age 21 or over may not be counted by the district for any 243.28 purpose other than adult high school graduation aid. 243.29 Subd. 2. [AID FOLLOWS PUPIL.] Adult high school graduation 243.30 aid accrues to the account and the fund of the eligible 243.31 programs, under section 126.22, subdivision 3, that serve adult 243.32 diploma students. 243.33 Sec. 45. [120B.45] [LEARNING READINESS AID.] 243.34 Subdivision 1. [PROGRAM REVIEW AND APPROVAL.] By February 243.35 15, 1992, for the 1991-1992 school year or by January 1 of 243.36 subsequent school years, a district must submit to the 244.1 commissioners of children, families, and learning, health, human 244.2 services, and economic security: 244.3 (1) a description of the services to be provided; 244.4 (2) a plan to ensure children at greatest risk receive 244.5 appropriate services; 244.6 (3) a description of procedures and methods to be used to 244.7 coordinate public and private resources to maximize use of 244.8 existing community resources, including school districts, health 244.9 care facilities, government agencies, neighborhood 244.10 organizations, and other resources knowledgeable in early 244.11 childhood development; 244.12 (4) comments about the district's proposed program by the 244.13 advisory council required by section 121.831, subdivision 7; and 244.14 (5) agreements with all participating service providers. 244.15 Each commissioner may review and comment on the program, 244.16 and make recommendations to the commissioner of children, 244.17 families, and learning, within 30 days of receiving the plan. 244.18 Subd. 2. [AMOUNT OF AID.] A district is eligible to 244.19 receive learning readiness aid if the program plan as required 244.20 by subdivision 1 has been approved by the commissioner. The aid 244.21 is equal to: 244.22 (1) $200 for fiscal year 1992 and $300 for fiscal year 1993 244.23 times the number of eligible four-year old children residing in 244.24 the district, as determined according to section 124.2711, 244.25 subdivision 2; plus 244.26 (2) $100 for fiscal year 1992 and $300 for fiscal year 1993 244.27 times the result of; 244.28 (3) the ratio of the number of pupils enrolled in the 244.29 district from families eligible for the free or reduced school 244.30 lunch program to the total number of pupils enrolled in the 244.31 district; times 244.32 (4) the number of children in clause (1). 244.33 For fiscal year 1994 and thereafter, a district must 244.34 receive learning readiness aid equal to: 244.35 (1) the number of eligible four-year old children in the 244.36 district times the ratio of 50 percent of the total learning 245.1 readiness aid for that year to the total number of eligible 245.2 four-year old children reported to the commissioner for that 245.3 year; plus 245.4 (2) the number of participating eligible children times the 245.5 ratio of 15 percent of the total learning readiness aid for that 245.6 year to the total number of participating eligible children for 245.7 that year; plus 245.8 (3) the number of pupils enrolled in the school district 245.9 from families eligible for the free or reduced school lunch 245.10 program times the ratio of 35 percent of the total learning 245.11 readiness aid for that year to the total number of pupils in the 245.12 state from families eligible for the free or reduced school 245.13 lunch program. 245.14 Subd. 3. [USE OF AID.] Learning readiness aid shall be 245.15 used only to provide a learning readiness program and may be 245.16 used to provide transportation. Not more than five percent of 245.17 the aid may be used for the cost of administering the program. 245.18 Aid must be used to supplement and not supplant local, state, 245.19 and federal funding. Aid may not be used for instruction and 245.20 services required under section 120.17. Aid may not be used to 245.21 purchase land or construct buildings, but may be used to lease 245.22 or renovate existing buildings. 245.23 Subd. 4. [SEPARATE ACCOUNTS.] The district must deposit 245.24 learning readiness aid in a separate account within the 245.25 community education fund. 245.26 Sec. 46. [120B.46] [EARLY CHILDHOOD FAMILY EDUCATION 245.27 REVENUE.] 245.28 Subdivision 1. [REVENUE.] The revenue for early childhood 245.29 family education programs for a school district equals $101.25 245.30 for 1993 and later fiscal years times the greater of: 245.31 (1) 150; or 245.32 (2) the number of people under five years of age residing 245.33 in the district on October 1 of the previous school year. 245.34 Subd. 2. [POPULATION.] For the purposes of subdivision 1, 245.35 data reported to the department may be used to determine the 245.36 number of people under five years of age residing in the 246.1 district. The commissioner, with the assistance of the state 246.2 demographer, shall review the number reported by any district 246.3 operating an early childhood family education program. If 246.4 requested, the district shall submit to the commissioner an 246.5 explanation of its methods and other information necessary to 246.6 document accuracy. If the commissioner determines that the 246.7 district has not provided sufficient documentation of accuracy, 246.8 the commissioner may request the state demographer to prepare an 246.9 estimate of the number of people under five years of age 246.10 residing in the district and may use this estimate for the 246.11 purposes of subdivision 1. 246.12 Subd. 3. [EARLY CHILDHOOD FAMILY EDUCATION LEVY.] To 246.13 obtain early childhood family education revenue, a district may 246.14 levy an amount equal to the tax rate of .609 percent times the 246.15 adjusted tax capacity of the district for the year preceding the 246.16 year the levy is certified. If the amount of the early 246.17 childhood family education levy would exceed the early childhood 246.18 family education revenue, the early childhood family education 246.19 levy must equal the early childhood family education revenue. 246.20 Subd. 4. [EARLY CHILDHOOD FAMILY EDUCATION AID.] If a 246.21 district complies with the provisions of section 121.882, it 246.22 must receive early childhood family education aid equal to the 246.23 difference between the early childhood family education revenue 246.24 and the early childhood family education levy. If the district 246.25 does not levy the entire amount permitted, the early childhood 246.26 family education aid must be reduced in proportion to the actual 246.27 amount levied. 246.28 Subd. 5. [USE OF REVENUE RESTRICTED.] Early childhood 246.29 family education revenue may be used only for early childhood 246.30 family education programs. Not more than five percent of early 246.31 childhood family education revenue may be used to administer 246.32 early childhood family education programs. The increase in 246.33 revenue for fiscal years 1992 and 1993 must be used to: 246.34 (1) increase participation of families so that the total 246.35 participation in early childhood family education programs in 246.36 the district more nearly reflects the demographic, racial, 247.1 cultural, and ethnic diversity of the district; and 247.2 (2) provide programs for families who, because of poverty 247.3 and other barriers to learning, may need programs designed to 247.4 meet their needs. 247.5 Subd. 6. [HOME VISITING LEVY.] A district that enters into 247.6 a collaborative agreement to provide education services and 247.7 social services to families with young children may levy an 247.8 amount equal to $1.60 times the number of people under five 247.9 years of age residing in the district on September 1 of the last 247.10 school year. Levy revenue under this subdivision must not be 247.11 included as revenue under subdivision 1. The revenue must be 247.12 used for home visiting programs under section 121.882, 247.13 subdivision 2b. 247.14 Subd. 7. [RESERVE ACCOUNT.] Early childhood family 247.15 education revenue, which includes aids, levies, fees, grants, 247.16 and all other revenues received by the district for early 247.17 childhood family education programs, must be maintained in a 247.18 reserve account within the community service fund. 247.19 Sec. 47. [120B.47] [ECFE REVENUE.] 247.20 In addition to the revenue in section 124.2711, subdivision 247.21 1, in fiscal year 1994 a district is eligible for aid equal to 247.22 $1.60 times the greater of 150 or the number of people under 247.23 five years of age residing in the district on September 1 of the 247.24 last school year. This amount may be used only for in-service 247.25 education for early childhood family education parent educators, 247.26 child educators, and home visitors for violence prevention 247.27 programs and for home visiting programs under section 126.77. A 247.28 district that uses revenue under this paragraph for home 247.29 visiting programs must provide home visiting program services 247.30 through its early childhood family education program or shall 247.31 contract with a public or nonprofit organization to provide such 247.32 services. A district may establish a new home visiting program 247.33 only where no existing, reasonably accessible home visiting 247.34 program meets the program requirements in section 126.77. 247.35 Sec. 48. [120B.48] [COMMUNITY EDUCATION REVENUE.] 247.36 Subdivision 1. [TOTAL COMMUNITY EDUCATION REVENUE.] 248.1 Community education revenue equals the sum of a district's 248.2 general community education revenue and youth service program 248.3 revenue. 248.4 Subd. 2. [ELIGIBILITY.] To be eligible for community 248.5 education revenue, a district must operate a community education 248.6 program that complies with section 121.88. 248.7 Subd. 3. [GENERAL COMMUNITY EDUCATION REVENUE.] The 248.8 general community education revenue for a district equals $5.95 248.9 times the greater of 1,335 or the population of the district. 248.10 The population of the district is determined according to 248.11 section 275.14. 248.12 Subd. 4. [YOUTH SERVICE REVENUE.] Youth service program 248.13 revenue is available to a district that has implemented a youth 248.14 development plan and a youth service program. Youth service 248.15 revenue equals $1 times the greater of 1,335 or the population 248.16 of the district. 248.17 Subd. 5. [COMMUNITY EDUCATION LEVY.] To obtain community 248.18 education revenue, a district may levy the amount raised by a 248.19 tax rate of 1.1 percent times the adjusted net tax capacity of 248.20 the district. If the amount of the community education levy 248.21 would exceed the community education revenue, the community 248.22 education levy shall be determined according to subdivision 6. 248.23 Subd. 6. [COMMUNITY EDUCATION LEVY; DISTRICTS OFF THE 248.24 FORMULA.] If the amount of the community education levy for a 248.25 district exceeds the district's community education revenue, the 248.26 amount of the community education levy is limited to the sum of: 248.27 (1) the district's community education revenue according to 248.28 subdivision 1; plus 248.29 (2) the amount of the aid reduction for the same fiscal 248.30 year according to subdivision 8. 248.31 For purposes of statutory cross-reference, a levy made 248.32 according to this subdivision is the levy made according to 248.33 subdivision 6. 248.34 Subd. 7. [COMMUNITY EDUCATION LEVY EQUITY.] (a) If a 248.35 district's community education levy for a fiscal year is 248.36 determined according to subdivision 8, an amount must be 249.1 deducted from state aid authorized in this chapter receivable 249.2 for the same fiscal year, and from state payments authorized in 249.3 chapter 273 and receivable for the same fiscal year, the amount 249.4 of the deduction equals the difference between: 249.5 (1) the district's community education revenue according to 249.6 subdivision 1; and 249.7 (2) the district's maximum community education levy 249.8 according to subdivision 6. 249.9 (b) The amount of the deduction in any fiscal year must not 249.10 exceed the amount of state payments authorized in chapters 124 249.11 and 273 and receivable for the same fiscal year in the 249.12 district's community service fund. 249.13 Subd. 8. [COMMUNITY EDUCATION AID.] A district's community 249.14 education aid is the difference between its community education 249.15 revenue and the community education levy. If the district does 249.16 not levy the entire amount permitted, the community education 249.17 aid must be reduced in proportion to the actual amount levied. 249.18 Subd. 9. [USES OF GENERAL REVENUE.] General community 249.19 education revenue may be used for: 249.20 (1) nonvocational, recreational, and leisure time 249.21 activities and programs; 249.22 (2) programs for adults with disabilities, if the programs 249.23 and budgets are approved by the department; 249.24 (3) adult basic education programs, according to section 249.25 124.26; 249.26 (4) summer programs for elementary and secondary pupils; 249.27 (5) implementation of a youth development plan; 249.28 (6) implementation of a youth service program; 249.29 (7) early childhood family education programs, according to 249.30 section 121.882; and 249.31 (8) extended day programs, according to section 121.88, 249.32 subdivision 10. 249.33 (9) In addition to money from other sources, a district may 249.34 use up to ten percent of its community education revenue for 249.35 equipment that is used exclusively in community education 249.36 programs. This revenue may be used only for the following 250.1 purposes: 250.2 (i) to purchase or lease computers and related materials; 250.3 (ii) to purchase or lease equipment for instructional 250.4 programs; and 250.5 (iii) to purchase textbooks and library books. 250.6 Subd. 10. [USE OF YOUTH SERVICE REVENUE.] Youth service 250.7 revenue may be used to implement a youth development plan 250.8 approved by the school board and to provide a youth service 250.9 program according to section 121.88, subdivision 9. 250.10 Subd. 11. [RESERVE ACCOUNT.] Community education revenue, 250.11 which includes aids, levies, fees, grants, and all other 250.12 revenues received by the school district for community education 250.13 programs, must be maintained in a reserve account within the 250.14 community service fund. 250.15 Sec. 49. [120B.49] [ADDITIONAL COMMUNITY EDUCATION 250.16 REVENUE.] 250.17 (a) A district that is eligible under section 124.2713, 250.18 subdivision 2, may levy an amount up to the amount authorized by 250.19 Minnesota Statutes 1986, section 275.125, subdivision 8, clause 250.20 (2). 250.21 (b) Beginning with levies for fiscal year 1995, this levy 250.22 must be reduced each year by the amount of any increase in the 250.23 levying district's general community education revenue under 250.24 section 124.2713, subdivision 3, for that fiscal year over the 250.25 amount received by the district under section 124.2713, 250.26 subdivision 3, for fiscal year 1994. 250.27 (c) The proceeds of the levy may be used for the purposes 250.28 set forth in section 124.2713, subdivision 8. 250.29 Sec. 50. [120B.50] [PROGRAM REVENUE; ADULTS WITH 250.30 DISABILITIES.] 250.31 Subdivision 1. [REVENUE AMOUNT.] A district that is 250.32 eligible according to section 124.2713, subdivision 2, may 250.33 receive revenue for a program for adults with disabilities. 250.34 Revenue for the program for adults with disabilities for a 250.35 district or a group of districts equals the lesser of: 250.36 (1) the actual expenditures for approved programs and 251.1 budgets; or 251.2 (2) $60,000. 251.3 Subd. 2. [AID.] Program aid for adults with disabilities 251.4 equals the lesser of: 251.5 (1) one-half of the actual expenditures for approved 251.6 programs and budgets; or 251.7 (2) $30,000. 251.8 Subd. 3. [LEVY.] A district may levy for a program for 251.9 adults with disabilities an amount up to the amount designated 251.10 in subdivision 2. In the case of a program offered by a group 251.11 of districts, the levy amount must be apportioned among the 251.12 districts according to the agreement submitted to the department. 251.13 Subd. 4. [OUTSIDE REVENUE.] A district may receive money 251.14 from public or private sources to supplement revenue for the 251.15 program for adults with disabilities. Aid may not be reduced as 251.16 a result of receiving money from these sources. 251.17 Subd. 5. [USE OF REVENUE.] Revenue for the program for 251.18 adults with disabilities may be used only to provide programs 251.19 for adults with disabilities. 251.20 Sec. 51. [120B.51] [EXTENDED DAY REVENUE.] 251.21 Subdivision 1. [ELIGIBILITY.] A district that offers an 251.22 extended day program according to section 121.88, subdivision 251.23 10, is eligible for extended day revenue for the additional 251.24 costs of providing services to children with disabilities or to 251.25 children experiencing family or related problems of a temporary 251.26 nature who participate in the extended day program. 251.27 Subd. 2. [EXTENDED DAY REVENUE.] The extended day revenue 251.28 for an eligible district equals the approved additional cost of 251.29 providing services to children with disabilities or children 251.30 experiencing family or related problems of a temporary nature 251.31 who participate in the extended day program. 251.32 Subd. 3. [EXTENDED DAY LEVY.] To obtain extended day 251.33 revenue, a district may levy an amount equal to the district's 251.34 extended day revenue as defined in subdivision 2 multiplied by 251.35 the lesser of one, or the ratio of the quotient derived by 251.36 dividing the adjusted net tax capacity of the district for the 252.1 year before the year the levy is certified by the actual pupil 252.2 units in the district for the school year to which the levy is 252.3 attributable, to $3,700. 252.4 Subd. 4. [EXTENDED DAY AID.] A district's extended day aid 252.5 is the difference between its extended day revenue and its 252.6 extended day levy. If a district does not levy the entire 252.7 amount permitted, extended day aid must be reduced in proportion 252.8 to the actual amount levied. 252.9 Sec. 52. [120B.52] [MALE RESPONSIBILITY AND FATHERING 252.10 GRANTS.] 252.11 Subdivision 1. [ESTABLISHMENT.] The commissioner of 252.12 children, families, and learning, in consultation with the 252.13 commissioner of human services, shall make male responsibility 252.14 and fathering grants to youth or parenting programs that 252.15 collaborate with districts to educate young people, particularly 252.16 males ages ten to 21, on the responsibilities of parenthood. 252.17 Subd. 2. [MATCHING MONEY.] Each dollar of state money must 252.18 be matched with at least 50 cents of nonstate money including 252.19 in-kind contributions. Those programs with a higher match will 252.20 have a greater chance of receiving a grant. 252.21 Subd. 3. [EXPECTED OUTCOMES.] Grant recipients must use 252.22 the funds for programs designed to prevent teen pregnancy and to 252.23 prevent crime in the long term. Recipient programs must assist 252.24 youth to: 252.25 (1) understand the connection between sexual behavior, 252.26 adolescent pregnancy, and the roles and responsibilities of 252.27 marriage and parenting; 252.28 (2) understand the long-term responsibility of fatherhood; 252.29 (3) understand the importance of fathers in the lives of 252.30 children; 252.31 (4) acquire parenting skills and knowledge of child 252.32 development; and 252.33 (5) find community support for their roles as fathers and 252.34 nurturers of children. 252.35 Subd. 4. [GRANT APPLICATIONS.] (a) An application for a 252.36 grant may be submitted by a youth or parenting program whose 253.1 purpose is to reduce teen pregnancy or teach child development 253.2 and parenting skills in collaboration with a district. Each 253.3 grant application must include a description of the program's 253.4 structure and components, including collaborative and outreach 253.5 efforts; an implementation and evaluation plan to measure the 253.6 program's success; a plan for using males as instructors and 253.7 mentors; and a cultural diversity plan to ensure that staff or 253.8 teachers will reflect the cultural backgrounds of the population 253.9 served and that the program content is culturally sensitive. 253.10 (b) Grant recipients must, at a minimum, provide education 253.11 in responsible parenting and child development, responsible 253.12 decision-making related to marriage and relationships, and the 253.13 legal implications of paternity. Grant recipients also must 253.14 provide public awareness efforts in the collaborating school 253.15 district. Grant recipients may offer support groups, health and 253.16 nutrition education, and mentoring and peer teaching. 253.17 (c) A grant applicant must establish an advisory committee 253.18 to assist the applicant in planning and implementation of a 253.19 grant. The advisory committee must include student 253.20 representatives, adult males from the community, representatives 253.21 of community organizations, teachers, parent educators, and 253.22 representatives of family social service agencies. 253.23 Subd. 5. [ADMINISTRATION.] The commissioner shall 253.24 administer male responsibility and fathering grants. The 253.25 commissioner shall establish a grant review committee composed 253.26 of teachers and representatives of community organizations, 253.27 student organizations, and education or family social service 253.28 agencies that offer parent education programs. 253.29 Subd. 6. [REPORT.] The commissioner shall report to the 253.30 legislature on the progress of the male responsibility and 253.31 fathering programs by January 15, 1996. 253.32 Sec. 53. [120B.53] [ENVIRONMENTAL EDUCATION GOALS AND 253.33 PLAN.] 253.34 The environmental education program described in this 253.35 chapter has these goals for the pupils and other citizens of 253.36 this state: 254.1 (a) Pupils and citizens should be able to apply informed 254.2 decision-making processes to maintain a sustainable lifestyle. 254.3 In order to do so, citizens should: 254.4 (1) understand ecological systems; 254.5 (2) understand the cause and effect relationship between 254.6 human attitudes and behavior and the environment; 254.7 (3) be able to evaluate alternative responses to 254.8 environmental issues before deciding on alternative courses of 254.9 action; and 254.10 (4) understand the effects of multiple uses of the 254.11 environment. 254.12 (b) Pupils and citizens shall have access to information 254.13 and experiences needed to make informed decisions about actions 254.14 to take on environmental issues. 254.15 (c) For purposes of this chapter, "state plan" means 254.16 "Greenprint for Minnesota: A State Plan for Environmental 254.17 Education." 254.18 Sec. 54. [120B.54] [ENVIRONMENTAL EDUCATION RESOURCE 254.19 CENTERS.] 254.20 Subdivision 1. [ESTABLISHMENT.] The director may establish 254.21 environmental education resource centers throughout the state as 254.22 needed. The environmental education resource centers must serve 254.23 as a source of information and programs for citizens, provide 254.24 ongoing contact with the public for feedback to the director on 254.25 regional environmental education issues and priorities, and 254.26 serve as distribution centers for environmental education 254.27 programs. 254.28 Subd. 2. [DUTIES.] The resource centers must: 254.29 (1) implement the programs and priorities of the office as 254.30 defined in the plan; 254.31 (2) convey regional program priorities to the director; 254.32 (3) evaluate regional implementation of environmental 254.33 education programs and report to the director on the 254.34 evaluations; 254.35 (4) provide regional liaison and coordination for 254.36 organizations, agencies, and individuals providing environmental 255.1 education programs on particular issues; 255.2 (5) be a distribution and publicity center for agencies, 255.3 environmental organizations, environmental learning center 255.4 publications, programs, and services; 255.5 (6) be a central source of information for citizens 255.6 interested in issues that are the responsibility of many 255.7 agencies, boards, task forces, and organizations; 255.8 (7) provide technical assistance to local and state 255.9 organizations and agencies on program design, promotion, and 255.10 publicity to reach the chosen target audiences; and 255.11 (8) assist the service cooperatives by collecting and 255.12 distributing environmental education teaching materials, 255.13 displays, computer programs, resource person lists, and 255.14 audio-visual aids, and provide assistance with teacher training 255.15 workshops and programs on request. 255.16 Sec. 55. [120B.55] [EDUCATION AND EMPLOYMENT TRANSITIONS 255.17 SYSTEM.] 255.18 Subdivision 1. [GOALS.] To better prepare all learners to 255.19 make transitions between education and employment, a 255.20 comprehensive education and employment transitions system is 255.21 established that is driven by multisector partnerships and takes 255.22 a lifelong approach to workforce development. The goals of the 255.23 statewide education and employment transitions system are: 255.24 (1) to improve the skills learners need to achieve greater 255.25 levels of self-sufficiency through education, training, and 255.26 work; 255.27 (2) to improve work-related counseling and information 255.28 about career opportunities and vocational education programs 255.29 available to learners to facilitate workforce development; 255.30 (3) to integrate opportunities for work-based learning, 255.31 service-learning, and other applied learning methods into the 255.32 elementary, secondary, and post-secondary curriculum and state 255.33 and local graduation standards; 255.34 (4) to increase participation in employment opportunities 255.35 and demonstrate the relationship between education and 255.36 employment at the elementary, secondary, and post-secondary 256.1 education levels; 256.2 (5) to promote the efficient use of public and private 256.3 resources by coordinating elementary, secondary, and 256.4 post-secondary education with related government programs; 256.5 (6) to expand educational options available to all learners 256.6 through collaborative efforts between school districts, 256.7 post-secondary institutions, employers, organized labor, 256.8 workers, learners, parents, community-based organizations, and 256.9 other interested parties; 256.10 (7) to increase opportunities for women, minorities, 256.11 individuals with a disability, and at-risk learners to fully 256.12 participate in work-based learning; 256.13 (8) to establish performance standards for learners that 256.14 integrate state and local graduation standards and generally 256.15 recognized industry and occupational skill standards; and 256.16 (9) to provide support systems including a unified labor 256.17 market information system; a centralized quality assurance 256.18 system with information on learner achievement, employer 256.19 satisfaction, and measurable system outcomes; a statewide 256.20 marketing system to promote the importance of lifework 256.21 development; a comprehensive professional development system for 256.22 public and private sector partners; and a comprehensive system 256.23 for providing technical support to local partnerships for 256.24 education and employment transitions. 256.25 Subd. 2. [FUNDING.] Work-based learning programs 256.26 incorporating post-secondary instruction implemented under this 256.27 chapter shall provide for student funding according to section 256.28 123.3514. 256.29 Subd. 3. [GOVERNOR'S WORKFORCE DEVELOPMENT COUNCIL.] The 256.30 governor's workforce development council is responsible for 256.31 developing, implementing, and evaluating the statewide education 256.32 and employment transitions system and achieving the goals of the 256.33 system. 256.34 Subd. 4. [PARTNERSHIP GRANTS.] The council must award 256.35 grants to implement local education and employment transition 256.36 systems to local education and employment transition 257.1 partnerships established under section 126B.10. Grants under 257.2 this section may be used for the local education and employment 257.3 transitions system, youth apprenticeship and other work-based 257.4 learning programs, youth employer programs, youth 257.5 entrepreneurship programs, and other programs and purposes the 257.6 council determines fulfill the purposes of the education and 257.7 employment transitions system. The council must evaluate grant 257.8 proposals on the basis of the elements required in the local 257.9 plan described in section 126B.10, subdivision 3. The council 257.10 must develop and publicize the grant application process and 257.11 review and comment on the proposals submitted. Priority in 257.12 awarding grants must be given to local partnerships that include 257.13 multiple communities and a viable base of educational, 257.14 work-based learning, and employment opportunities. 257.15 Subd. 5. [ANNUAL REVIEW.] The council must review the 257.16 activities of each local education and employment transitions 257.17 partnership annually to ensure that the local partnership is 257.18 adequately meeting the system standards under section 126B.10 257.19 and state quality assurance standards established as part of the 257.20 quality assurance system developed by the council. This 257.21 subdivision expires July 1, 1997. 257.22 Subd. 6. [REPORT.] The council must annually publish a 257.23 report summarizing the data submitted by each local education 257.24 and employment transitions partnership. The report must be 257.25 published no later than September 1 of the year following the 257.26 year in which the data was collected. This subdivision expires 257.27 July 1, 1997. 257.28 Sec. 56. [120B.56] [COMPREHENSIVE YOUTH APPRENTICESHIP 257.29 PROGRAM.] 257.30 Subdivision 1. [ACADEMIC INSTRUCTION AND WORK-RELATED 257.31 LEARNING.] Comprehensive youth apprenticeship programs and other 257.32 work-based learning programs under the education and employment 257.33 transitions system must integrate academic instruction and 257.34 work-related learning in the classroom and at the workplace. 257.35 Schools, in collaboration with learners' employers, must use 257.36 competency-based measures to evaluate learners' progress in the 258.1 program. Learners who successfully complete the program must 258.2 receive academic and occupational credentials from the 258.3 participating school. 258.4 Subd. 2. [YOUTH APPRENTICESHIP PROGRAMS.] (a) A 258.5 comprehensive youth apprenticeship program must require 258.6 representatives of secondary and post-secondary school systems, 258.7 affected local businesses, industries, occupations and labor, as 258.8 well as the local community, to be actively and collaboratively 258.9 involved in advising and managing the program and ensuring, in 258.10 consultation with local private industry councils, that the 258.11 youth apprenticeship program meets local labor market demands, 258.12 provides student apprentices with the high skill training 258.13 necessary for career advancement, meets applicable state 258.14 graduation requirements and labor standards, pays apprentices 258.15 for their work and provides support services to program 258.16 participants. 258.17 (b) Local employers, collaborating with labor organizations 258.18 where appropriate, must assist the program by analyzing 258.19 workplace needs, creating work-related curriculum, employing and 258.20 adequately paying youth apprentices engaged in work-related 258.21 learning in the workplace, training youth apprentices to become 258.22 skilled in an occupation, providing student apprentices with a 258.23 workplace mentor, periodically informing the school of an 258.24 apprentice's progress, and making a reasonable effort to employ 258.25 youth apprentices who successfully complete the program. 258.26 (c) A student participating in a comprehensive youth 258.27 apprenticeship program must sign a youth apprenticeship 258.28 agreement with participating entities that obligates youth 258.29 apprentices, their parents or guardians, employers, and schools 258.30 to meet program requirements; indicates how academic 258.31 instruction, work-based learning, and worksite learning and 258.32 experience will be integrated; ensures that successful youth 258.33 apprentices will receive a recognized credential of academic and 258.34 occupational proficiency; and establishes the wage rate and 258.35 other benefits for which youth apprentices are eligible while 258.36 employed during the program. 259.1 (d) Secondary school principals, counselors, or business 259.2 mentors familiar with the education to employment transitions 259.3 system must inform entering secondary school students about 259.4 available occupational and career opportunities and the option 259.5 of entering a youth apprenticeship or other work-based learning 259.6 program to obtain post-secondary academic and occupational 259.7 credentials. 259.8 Sec. 57. [120B.57] [GENERAL PROVISIONS.] 259.9 All state and federal laws relating to workplace health and 259.10 safety apply to youth apprenticeships. 259.11 The employment of a youth apprentice may not displace or 259.12 cause any reduction in the number of nonovertime hours worked, 259.13 wages, or benefits of a currently employed worker. 259.14 Sec. 58. [120B.58] [EDUCATION AND EMPLOYMENT TRANSITIONS 259.15 PARTNERSHIPS.] 259.16 Subdivision 1. [LOCAL PARTNERSHIPS; ESTABLISHMENT.] Local 259.17 education and employment transitions partnerships may be 259.18 established to implement local education and employment 259.19 transitions systems. Local partnerships must represent multiple 259.20 sectors in the community, including, at a minimum, 259.21 representatives of employers, primary and secondary education, 259.22 labor and professional organizations, workers, learners, 259.23 parents, community-based organizations, and to the extent 259.24 possible, post-secondary education. 259.25 Subd. 2. [BOARD.] A local education and employment 259.26 transitions partnership must establish a governing board for 259.27 planning and implementing work-based and other applied learning 259.28 programs. The board must consist of at least one representative 259.29 from each member of the education and employment transitions 259.30 partnership. A majority of the board must consist of 259.31 representatives of local or regional employers. 259.32 Subd. 3. [LOCAL EDUCATION AND EMPLOYMENT TRANSITIONS 259.33 SYSTEMS.] A local education and employment transitions 259.34 partnership must assess the needs of employers, employees, and 259.35 learners, and develop a plan for implementing and achieving the 259.36 objectives of a local or regional education and employment 260.1 transitions system. The plan must provide for a comprehensive 260.2 local system for assisting learners and workers in making the 260.3 transition from school to work or for retraining in a new 260.4 vocational area. The objectives of a local education and 260.5 employment transitions system include: 260.6 (1) increasing the effectiveness of the educational 260.7 programs and curriculum of elementary, secondary, and 260.8 post-secondary schools and the work site in preparing students 260.9 in the skills and knowledge needed to be successful in the 260.10 workplace; 260.11 (2) implementing learner outcomes for students in grades 260.12 kindergarten through 12 designed to introduce the world of work 260.13 and to explore career opportunities, including nontraditional 260.14 career opportunities; 260.15 (3) eliminating barriers to providing effective integrated 260.16 applied learning, service-learning, or work-based curriculum; 260.17 (4) increasing opportunities to apply academic knowledge 260.18 and skills, including skills needed in the workplace, in local 260.19 settings which include the school, school-based enterprises, 260.20 post-secondary institutions, the workplace, and the community; 260.21 (5) increasing applied instruction in the attitudes and 260.22 skills essential for success in the workplace, including 260.23 cooperative working, leadership, problem-solving, and respect 260.24 for diversity; 260.25 (6) providing staff training for vocational guidance 260.26 counselors, teachers, and other appropriate staff in the 260.27 importance of preparing learners for the transition to work, and 260.28 in methods of providing instruction that incorporate applied 260.29 learning, work-based learning, and service-learning experiences; 260.30 (7) identifying and enlisting local and regional employers 260.31 who can effectively provide work-based or service-learning 260.32 opportunities, including, but not limited to, apprenticeships, 260.33 internships, and mentorships; 260.34 (8) recruiting community and workplace mentors including 260.35 peers, parents, employers and employed individuals from the 260.36 community, and employers of high school students; 261.1 (9) identifying current and emerging educational, training, 261.2 and employment needs of the area or region, especially within 261.3 industries with potential for job growth; 261.4 (10) improving the coordination and effectiveness of local 261.5 vocational and job training programs, including vocational 261.6 education, adult basic education, tech prep, apprenticeship, 261.7 service-learning, youth entrepreneur, youth training and 261.8 employment programs administered by the commissioner of economic 261.9 security, and local job training programs under the Job Training 261.10 Partnership Act, United States Code, title 29, section 1501, et 261.11 seq.; 261.12 (11) identifying and applying for federal, state, local, 261.13 and private sources of funding for vocational or applied 261.14 learning programs; 261.15 (12) providing students with current information and 261.16 counseling about career opportunities, potential employment, 261.17 educational opportunities in post-secondary institutions, 261.18 workplaces, and the community, and the skills and knowledge 261.19 necessary to succeed; 261.20 (13) providing educational technology, including 261.21 interactive television networks and other distance learning 261.22 methods, to ensure access to a broad variety of work-based 261.23 learning opportunities; 261.24 (14) including students with disabilities in a district's 261.25 vocational or applied learning program and ways to serve at-risk 261.26 learners through collaboration with area learning centers under 261.27 sections 124C.45 to 124C.49, or other alternative programs; and 261.28 (15) providing a warranty to employers, post-secondary 261.29 education programs, and other post-secondary training programs, 261.30 that learners successfully completing a high school work-based 261.31 or applied learning program will be able to apply the knowledge 261.32 and work skills included in the program outcomes or graduation 261.33 requirements. The warranty shall require education and training 261.34 programs to continue to work with those learners that need 261.35 additional skill development until they can demonstrate 261.36 achievement of the program outcomes or graduation requirements. 262.1 Subd. 4. [ANNUAL REPORTS.] A local education and 262.2 employment transitions partnership must annually publish a 262.3 report and submit information to the council as required. The 262.4 report must include information required by the council for the 262.5 statewide system performance assessment. The report must be 262.6 available to the public in the communities served by the local 262.7 education and employment transitions partnership. The report 262.8 must be published no later than September 1 of the year 262.9 following the year in which the data was collected. 262.10 Sec. 59. [120B.59] [CITATION.] 262.11 Sections 124C.11 and 124C.12 may be cited as the Minnesota 262.12 local partnership act. 262.13 Sec. 60. [120B.60] [PURPOSE OF THE MINNESOTA LOCAL 262.14 PARTNERSHIP ACT.] 262.15 The purpose of the Minnesota local partnership act is to 262.16 design methods to focus on the development and learning of 262.17 children and youth in Minnesota in the 1990's and the next 262.18 century. Cooperation and collaboration of all services, 262.19 including education, health, and human services for children and 262.20 youth will be encouraged at the local and state level. The 262.21 program will provide incentives to design a system of 262.22 child-focused coordinated services to enhance the learning and 262.23 development of individual children and youth. 262.24 Sec. 61. [120B.61] [MINNESOTA LOCAL PARTNERSHIP PROGRAM.] 262.25 Subdivision 1. [ESTABLISHMENT.] A program is established 262.26 under the direction of the state board of education with the 262.27 cooperation of the commissioners of children, families, and 262.28 learning, health, and human services. It is expected that 262.29 participants and other districts will become exemplary districts 262.30 by the year 2000. 262.31 Subd. 2. [ELIGIBILITY.] An applicant for revenue may be 262.32 any one of the following: 262.33 (1) a district located in a city of the first class 262.34 offering a program in cooperation with other districts or by 262.35 itself, in one or more areas in the district or in the entire 262.36 district; 263.1 (2) at least two cooperating districts located in the 263.2 seven-county metropolitan area but not located in a city of the 263.3 first class; 263.4 (3) a group of districts that are all members of the same 263.5 education district; 263.6 (4) an education district; 263.7 (5) a group of cooperating districts none of which are 263.8 members of any education district; or 263.9 (6) a district. 263.10 Subd. 3. [COMMUNITY EDUCATION COUNCIL.] Each revenue 263.11 recipient must establish one or more community education 263.12 councils. A community education council may be composed of 263.13 elected representatives of local governments, an education 263.14 district board, school boards, human service providers, health 263.15 providers, education providers, community service organizations, 263.16 clergy, local education sites, and local businesses. The 263.17 community education council shall plan for the education, human 263.18 service, and health needs of the community and collaborative 263.19 ways to modify or build facilities for use by all community 263.20 residents. A council formed under this subdivision may be an 263.21 expansion of and replace the community education advisory 263.22 council required by section 121.88, subdivision 2. 263.23 Subd. 4. [APPLICATION PROCESS.] To obtain revenue, a 263.24 district or districts must submit an application to the state 263.25 board in the form and manner established by the state board. 263.26 Additional information may be required by the state board. 263.27 Subd. 5. [REVENUE.] The state board may award revenue to 263.28 up to four applicants. The board may determine the size of the 263.29 award based upon the application. Recipients must be located 263.30 throughout the state. 263.31 Subd. 6. [PROCEEDS OF REVENUE.] Revenue may be used for 263.32 initial planning expenses and for implementing child-focused 263.33 learning and development programs. 263.34 ARTICLE 4 263.35 CHAPTER 121 263.36 STATE ADMINISTRATION; INTERSTATE COMPACT264.1 Section 1. [121.141] [RESULTS-ORIENTED GRADUATION RULE.] 264.2 (a) The legislature is committed to establishing a 264.3 rigorous, results-oriented graduation rule for Minnesota's 264.4 public school students. To that end, the state board shall use 264.5 its rulemaking authority under subdivision 7b to adopt a 264.6 statewide, results-oriented graduation rule to be implemented 264.7 starting with students beginning ninth grade in the 1996-1997 264.8 school year. The board shall not prescribe in rule or otherwise 264.9 the delivery system, form of instruction, or a single statewide 264.10 form of assessment that local sites must use to meet the 264.11 requirements contained in this rule. 264.12 (b) To successfully accomplish paragraph (a), the state 264.13 board shall set in rule high academic standards for all 264.14 students. The standards must contain the foundational skills in 264.15 the three core curricular areas of reading, writing, and 264.16 mathematics while meeting requirements for high school 264.17 graduation. The standards must also provide an opportunity for 264.18 students to excel by meeting higher academic standards through a 264.19 profile of learning that uses curricular requirements to allow 264.20 students to expand their knowledge and skills beyond the 264.21 foundational skills. All state board actions regarding the rule 264.22 must be premised on the following: 264.23 (1) the rule is intended to raise academic expectations for 264.24 students, teachers, and schools; 264.25 (2) any state action regarding the rule must evidence 264.26 consideration of school district autonomy; and 264.27 (3) the department of children, families, and learning, 264.28 with the assistance of school districts, must make available 264.29 information about all state initiatives related to the rule to 264.30 students and parents, teachers, and the general public in a 264.31 timely format that is appropriate, comprehensive, and readily 264.32 understandable. 264.33 (c) For purposes of adopting the rule, the state board, in 264.34 consultation with the department, recognized psychometric 264.35 experts in assessment, and other interested and knowledgeable 264.36 educators, using the most current version of professional 265.1 standards for educational testing, shall evaluate the 265.2 alternative approaches to assessment. 265.3 (d) The content of the graduation rule must differentiate 265.4 between minimum competencies reflected in the basic requirements 265.5 assessment and rigorous profile of learning standards. When 265.6 fully implemented, the requirements for high school graduation 265.7 in Minnesota must include both basic requirements and the 265.8 required profile of learning. The profile of learning must 265.9 measure student performance using performance-based assessments 265.10 compiled over time that integrate higher academic standards, 265.11 higher order thinking skills, and application of knowledge from 265.12 a variety of content areas. The profile of learning shall 265.13 include a broad range of academic experience and accomplishment 265.14 necessary to achieve the goal of preparing students to function 265.15 effectively as purposeful thinkers, effective communicators, 265.16 self-directed learners, productive group participants, and 265.17 responsible citizens. 265.18 (e) The state board shall periodically review and report on 265.19 the assessment process and student achievement with the 265.20 expectation of raising the standards and expanding high school 265.21 graduation requirements. 265.22 (f) The state board shall report in writing to the 265.23 legislature annually by January 15 on its progress in developing 265.24 and implementing the graduation requirements according to the 265.25 requirements of this subdivision and section 123.97 until such 265.26 time as all the graduation requirements are implemented. 265.27 Sec. 2. [121.142] [SYSTEM ACCOUNTABILITY AND STATISTICAL 265.28 ADJUSTMENTS.] 265.29 Subdivision 1. [EDUCATIONAL ACCOUNTABILITY AND PUBLIC 265.30 REPORTING.] Consistent with the state board of education process 265.31 to adopt a results-oriented graduation rule under section 265.32 121.11, subdivision 7c, the state board and the department, in 265.33 consultation with education and other system stakeholders, must 265.34 establish a coordinated and comprehensive system of educational 265.35 accountability and public reporting that promotes higher 265.36 academic achievement. 266.1 Subd. 2. [STATISTICAL ADJUSTMENTS.] In developing policies 266.2 and assessment processes to hold schools and districts 266.3 accountable for high levels of academic standards, including the 266.4 profile of learning, the commissioner shall aggregate student 266.5 data over time to report student performance levels measured at 266.6 the school district, regional, or statewide level. When 266.7 collecting and reporting the data, the commissioner shall: (1) 266.8 acknowledge the impact of significant demographic factors such 266.9 as residential instability, the number of single parent 266.10 families, parents' level of education, and parents' income level 266.11 on school outcomes; and (2) organize and report the data so that 266.12 state and local policymakers can understand the educational 266.13 implications of changes in districts' demographic profiles over 266.14 time. Any report the commissioner disseminates containing 266.15 summary data on student performance must integrate student 266.16 performance and the demographic factors that strongly correlate 266.17 with that performance. 266.18 Sec. 3. Minnesota Statutes 1996, section 121.1601, is 266.19 amended by adding a subdivision to read: 266.20 Subd. 4. [INCLUSIVE EDUCATION AND LICENSURE RULES.] (a) 266.21 The state board may make rules relating to 266.22 desegregation/integration, inclusive education, and licensure of 266.23 school personnel not licensed by the board of teaching. 266.24 (b) In adopting a rule related to school 266.25 desegregation/integration, the state board shall address the 266.26 need for equal educational opportunities for all students and 266.27 racial balance as defined by the state board. 266.28 Sec. 4. [121.1602] [STATE MULTICULTURAL EDUCATION ADVISORY 266.29 COMMITTEE.] 266.30 (a) The commissioner shall appoint a state multicultural 266.31 education advisory committee to advise the department and the 266.32 state board on multicultural education. The committee must have 266.33 12 members and be composed of representatives from among the 266.34 following groups and community organizations: African-American, 266.35 Asian-Pacific, Hispanic, and American Indian. 266.36 (b) The state committee shall provide information and 267.1 recommendations on: 267.2 (1) department procedures for reviewing and approving 267.3 district plans and disseminating information on multicultural 267.4 education; 267.5 (2) department procedures for improving inclusive education 267.6 plans, curriculum and instruction improvement plans, and 267.7 performance-based assessments; 267.8 (3) developing learner outcomes which are multicultural; 267.9 and 267.10 (4) other recommendations that will further inclusive, 267.11 multicultural education. 267.12 (c) The committee shall also participate in determining the 267.13 criteria for and awarding the grants established under Laws 267.14 1993, chapter 224, article 8, section 22, subdivision 8. 267.15 Sec. 5. [121.903] [UNIFORM SYSTEM OF RECORDS AND OF 267.16 ACCOUNTING.] 267.17 The state board shall prepare a uniform system of records 267.18 for public schools, require reports from superintendents and 267.19 principals of schools, teachers, school officers, and the chief 267.20 officers of public and other educational institutions, to give 267.21 such facts as it may deem of public value. Beginning in fiscal 267.22 year 1977, all reports required of school districts by the state 267.23 board shall be in conformance with the uniform financial 267.24 accounting and reporting system. With the cooperation of the 267.25 state auditor, the state board shall establish and carry into 267.26 effect a uniform system of accounting by public school officers 267.27 and it shall have authority to supervise and examine the 267.28 accounts and other records of all public schools. 267.29 Sec. 6. [121.961] [PERMANENT SCHOOL FUND ADVISORY 267.30 COMMITTEE.] 267.31 A state permanent school fund advisory committee is 267.32 established to advise the department of natural resources on the 267.33 management of permanent school fund land, which is held in trust 267.34 for the school districts of the state. The advisory committee 267.35 must consist of the following persons or their designees: the 267.36 chairs of the education committees of the legislature, the 268.1 chairs of the senate committee on finance and house committee on 268.2 ways and means, the commissioner of children, families, and 268.3 learning, one superintendent from a nonmetropolitan district, 268.4 and one superintendent from a metropolitan area district. The 268.5 school district superintendents shall be appointed by the 268.6 commissioner of children, families, and learning. 268.7 The advisory committee shall review the policies of the 268.8 department of natural resources on management of school trust 268.9 fund lands and shall recommend necessary changes in policy and 268.10 implementation in order to ensure provident utilization of the 268.11 permanent school fund lands. 268.12 Sec. 7. [121.962] [GOAL OF THE PERMANENT SCHOOL FUND.] 268.13 The legislature intends that it is the goal of the 268.14 permanent school fund to secure the maximum long-term economic 268.15 return from the school trust lands consistent with the fiduciary 268.16 responsibilities imposed by the trust relationship established 268.17 in the Minnesota Constitution, with sound natural resource 268.18 conservation and management principles, and with other specific 268.19 policy provided in state law. 268.20 Sec. 8. [121.963] [SCHOOL ENDOWMENT FUND; DESIGNATION.] 268.21 For the purpose of aid to public schools, a school 268.22 endowment fund is established. 268.23 The school endowment fund shall consist of the income from 268.24 the permanent school fund. The commissioner may accept for and 268.25 on behalf of the permanent school fund a donation of cash, 268.26 marketable securities, or other personal property. A noncash 268.27 donation, other than a donation of marketable securities, must 268.28 be disposed of for cash as soon as the commissioner can obtain 268.29 fair market value for the donation. Marketable securities may 268.30 be disposed of at the discretion of the state board of 268.31 investment consistent with sections 11A.16 and 11A.24. A cash 268.32 donation and the cash receipts from a donation disposed of for 268.33 cash must be credited immediately to the permanent school fund. 268.34 Earnings from marketable securities are earnings of the 268.35 permanent school fund. 268.36 Sec. 9. [121.964] [SCHOOL ENDOWMENT FUND; APPORTIONMENT.] 269.1 The commissioner shall apportion the school endowment fund 269.2 semiannually on the first Monday in March and September in each 269.3 year, to districts whose schools have been in session at least 269.4 nine months. The apportionment shall be in proportion to the 269.5 number of pupils in average daily membership during the 269.6 preceding year. The apportionment shall not be paid to a 269.7 district for pupils for whom tuition is received by the district. 269.8 Sec. 10. [121.966] [AUDITOR'S DUTIES.] 269.9 Subdivision 1. [COPY TO COMMISSIONER OF FINANCE.] The 269.10 commissioner shall furnish a copy of the apportionment of the 269.11 school endowment fund to the commissioner of finance, who 269.12 thereupon shall draw warrants on the state treasury, payable to 269.13 the several districts, for the amount due each district. There 269.14 is hereby annually appropriated from the school endowment fund 269.15 the amount of such apportionments. 269.16 Subd. 2. [APPORTIONMENTS TO DISTRICTS.] The county auditor 269.17 each year shall apportion to the districts within the county the 269.18 amount received from power line taxes under section 273.42, 269.19 liquor licenses, fines, estrays, and other sources belonging to 269.20 the general fund. The apportionments must be made in proportion 269.21 to each district's net tax capacity within the county in the 269.22 prior year. The apportionments must be made and amounts 269.23 distributed to the districts at the times provided for the 269.24 settlement and distribution of real and personal property taxes 269.25 under sections 276.09, 276.11, and 276.111, except that all of 269.26 the power line taxes apportioned to a district from the county 269.27 school fund must be included in the first half distribution of 269.28 property taxes to the district. No district shall receive any 269.29 part of the money received from liquor licenses unless all sums 269.30 paid for such licenses in such district are apportioned to the 269.31 county school fund. 269.32 Subd. 3. [REPORT TO COMMISSIONER.] The county auditor, on 269.33 the first Wednesday after such apportionment, shall report to 269.34 the commissioner on the amount apportioned, the sources from 269.35 which such money was received, and the net tax capacity of each 269.36 district in the county. 270.1 Sec. 11. [121.968] [MANNER OF PAYMENT OF STATE AIDS.] 270.2 It shall be the duty of the commissioner to deliver to the 270.3 commissioner of finance a certificate for each district entitled 270.4 to receive state aid under the provisions of this chapter. Upon 270.5 the receipt of such certificate, it shall be the duty of the 270.6 commissioner of finance to draw a warrant upon the state 270.7 treasurer in favor of the district for the amount shown by each 270.8 certificate to be due to the district. The commissioner of 270.9 finance shall transmit such warrants to the district together 270.10 with a copy of the certificate prepared by the commissioner. 270.11 Sec. 12. [121.969] [DISTRIBUTION OF SCHOOL AIDS; 270.12 APPROPRIATION.] 270.13 Subdivision 1. [SUPERVISION OF DISTRIBUTION.] The 270.14 commissioner shall supervise distribution of school aids and 270.15 grants in accordance with law. It may make rules consistent 270.16 with law for the distribution to enable districts to perform 270.17 efficiently the services required by law and further education 270.18 in the state, including reasonable requirements for the reports 270.19 and accounts to it as will assure accurate and lawful 270.20 apportionment of aids. State and federal aids and discretionary 270.21 or entitlement grants distributed by the commissioner shall not 270.22 be subject to the contract approval procedures of the 270.23 commissioner of administration or to chapter 16A or 16B. The 270.24 commissioner shall adopt internal procedures for administration 270.25 and monitoring of aids and grants. 270.26 Subd. 2. [ERRORS IN DISTRIBUTION.] On determining that the 270.27 amount of state aid distributed to a district is in error, the 270.28 commissioner is authorized to adjust the amount of aid 270.29 consistent with this subdivision. On determining that the 270.30 amount of aid is in excess of the district's entitlement, the 270.31 commissioner is authorized to recover the amount of the excess 270.32 by any appropriate means. Notwithstanding the fiscal years 270.33 designated by the appropriation, the excess may be recovered by 270.34 reducing future aid payments to the district. Notwithstanding 270.35 any law to the contrary, if the aid reduced is not of the same 270.36 type as that overpaid, the district must adjust all necessary 271.1 financial accounts to properly reflect all revenues earned in 271.2 accordance with the uniform financial accounting and reporting 271.3 standards pursuant to sections 121.904 to 121.917. 271.4 Notwithstanding the fiscal years designated by the 271.5 appropriation, on determining that the amount of an aid paid is 271.6 less than the school district's entitlement, the commissioner is 271.7 authorized to increase such aid from the current appropriation. 271.8 Subd. 3. [AUDITS.] The commissioner shall establish 271.9 procedures for conducting and shall conduct audits of district 271.10 records and files for the purpose of verifying district pupil 271.11 counts, levy limitations, and aid entitlements. The 271.12 commissioner shall establish procedures for selecting and shall 271.13 select districts to be audited. Disparities, if any, between 271.14 pupil counts, levy limitations, or aid entitlements determined 271.15 by audit of district records and files and data reported by 271.16 districts in reports, claims and other documents shall be 271.17 reviewed by the commissioner who shall order increases or 271.18 decreases accordingly. Whenever possible, the commissioner 271.19 shall audit at least 25 districts each year pursuant to this 271.20 subdivision. 271.21 Subd. 4. [LESS THAN 25 DISTRICTS AUDITED.] If the 271.22 commissioner audits fewer than 25 districts in a fiscal year 271.23 pursuant to subdivision 3, the commissioner shall report the 271.24 reasons for the number audited to the following legislative 271.25 committees: house education, house appropriations, senate 271.26 education, and senate finance. 271.27 Subd. 5. [FINAL DECISION AND RECORDS.] A reduction of aid 271.28 under this section may be appealed to the state board of 271.29 education and its decision shall be final. Public schools shall 271.30 at all times be open to the inspection of the commissioner. The 271.31 accounts and records of any district must be open to inspection 271.32 by the state auditor, the state board, or the commissioner for 271.33 the purpose of audits conducted under this section. Each 271.34 district shall keep for a minimum of three years at least the 271.35 following: (1) identification of the annual session days held, 271.36 together with a record of the length of each session day, (2) a 272.1 record of each pupil's daily attendance, with entrance and 272.2 withdrawal dates, and (3) identification of the pupils 272.3 transported who are reported for transportation aid. 272.4 Subd. 6. [ADJUSTMENT APPROPRIATION.] There is annually 272.5 appropriated from the general fund to the department any 272.6 additional amounts necessary for the adjustments made pursuant 272.7 to section 124.155, subdivision 1. 272.8 Subd. 7. [APPROPRIATION TRANSFERS.] If a direct 272.9 appropriation from the general fund to the department for any 272.10 education aid or grant authorized in this chapter and chapters 272.11 121, 123, 124A, 124C, 125, 126, and 134 exceeds the amount 272.12 required, the commissioner may transfer the excess to any 272.13 education aid or grant appropriation that is insufficient. 272.14 However, section 124A.032 applies to a deficiency in the direct 272.15 appropriation for general education aid. Excess appropriations 272.16 must be allocated proportionately among aids or grants that have 272.17 insufficient appropriations. The commissioner of finance shall 272.18 make the necessary transfers among appropriations according to 272.19 the determinations of the commissioner. If the amount of the 272.20 direct appropriation for the aid or grant plus the amount 272.21 transferred according to this subdivision is insufficient, the 272.22 commissioner shall prorate the available amount among eligible 272.23 districts. The state is not obligated for any additional 272.24 amounts. 272.25 Subd. 8. [HEALTH AND SAFETY AID TRANSFER.] The 272.26 commissioner, with the approval of the commissioner of finance, 272.27 annually may transfer an amount from the appropriation for 272.28 health and safety aid to the appropriation for debt service aid 272.29 for the same fiscal year. The amount of the transfer equals the 272.30 amount necessary to fund any shortage in the debt service aid 272.31 appropriation created by a data correction that occurs between 272.32 November 1 and June 30 of the preceding fiscal year. 272.33 Sec. 13. [121.970] [REDUCTION OF AID FOR VIOLATION OF 272.34 LAW.] 272.35 Subdivision 1. [REDUCTION SHOWN ON CERTIFICATE.] The 272.36 amount of special state aids to which a district is entitled 273.1 shall be the amount computed according to statutes. The annual 273.2 state aid certificate made by the commissioner to the 273.3 commissioner of finance shall show the amount of any reductions 273.4 made. 273.5 Subd. 2. [VIOLATIONS OF LAW.] The commissioner shall 273.6 reduce the district's special state aid for any school year 273.7 whenever the board of the district authorizes or permits 273.8 violations of law within the district by: 273.9 (1) employing a teacher who does not hold a valid teaching 273.10 license or permit in a public school; 273.11 (2) noncompliance with a mandatory rule of general 273.12 application promulgated by the state board in accordance with 273.13 statute, unless special circumstances make enforcement 273.14 inequitable, impose an extraordinary hardship on the district, 273.15 or the rule is contrary to the district's best interests; 273.16 (3) the district's continued performance of a contract made 273.17 for the rental of rooms or buildings for school purposes or for 273.18 the rental of any facility owned or operated by or under the 273.19 direction of any private organization, if the contract has been 273.20 disapproved, the time for review of the determination of 273.21 disapproval has expired, and no proceeding for review is 273.22 pending; 273.23 (4) any practice which is a violation of sections 1 and 2 273.24 of article 13 of the Constitution of the state of Minnesota; 273.25 (5) failure to reasonably provide for a resident pupil's 273.26 school attendance under Minnesota Statutes; or 273.27 (6) noncompliance with state laws prohibiting 273.28 discrimination because of race, color, creed, religion, national 273.29 origin, sex, age, marital status, status with regard to public 273.30 assistance or disability, as defined in section 363.03. 273.31 The reduction must be made in the amount and upon the procedure 273.32 provided in this section or, in the case of the violation stated 273.33 in clause (1), upon the procedure provided in section 124.19, 273.34 subdivision 3. 273.35 Subd. 3. [ASSURANCE OF COMPLIANCE.] After consultation 273.36 with the commissioner of human rights, the state board of 274.1 education shall adopt rules in conformance with chapter 14. The 274.2 rules must direct districts to file with the commissioner of 274.3 children, families, and learning assurances of compliance with 274.4 state and federal laws prohibiting discrimination and specify 274.5 the information required to be submitted in support of the 274.6 assurances. The commissioner shall provide copies of the 274.7 assurances and the supportive information to the commissioner of 274.8 human rights. If, after reviewing the assurances and the 274.9 supportive information it appears that one or more violations of 274.10 the Minnesota human rights act are occurring in the district, 274.11 the commissioner of human rights shall notify the commissioner 274.12 of the violations, and the commissioner of children, families, 274.13 and learning may then proceed pursuant to subdivision 4. 274.14 Subd. 4. [NOTICE TO BOARD.] When it appears that an 274.15 enumerated violation is occurring in a district, the 274.16 commissioner shall notify the board of that district in 274.17 writing. The notice must specify the violations, set a 274.18 reasonable time within which the district must correct the 274.19 specified violations, describe the correction required, and 274.20 advise that if the correction is not made within the time 274.21 allowed, special state aids to the district will be reduced. 274.22 The time allowed for correction may be extended by the 274.23 commissioner if there is reasonable ground therefor. 274.24 Subd. 5. [DISPUTE VIOLATIONS; HEARING.] The board to which 274.25 such notice is given may, by a majority vote of the whole board, 274.26 decide to dispute that the specified violation exists or that 274.27 the time allowed is reasonable or the correction specified is 274.28 correct, or that the commissioner may reduce aids. The board 274.29 must give the commissioner written notice of the decision. If 274.30 the commissioner, after further investigation as the 274.31 commissioner deems necessary, adheres to the previous notice, 274.32 the board shall be entitled to a hearing by the state board. 274.33 The state board must set a hearing time and place and the board 274.34 of the district must be given notice by mail. The state board 274.35 must adopt rules governing the proceedings for hearings. The 274.36 hearings must be designed to give a full and fair hearing and 275.1 permit interested parties an opportunity to produce evidence 275.2 relating to the issues involved. The rules may provide that any 275.3 question of fact to be determined at the hearing may be referred 275.4 to one or more members of the board or to an employee of the 275.5 state board acting as a referee to hear evidence and report the 275.6 testimony taken to the state board. The state board, or a 275.7 person designated to receive evidence at a hearing, shall have 275.8 the same right to issue subpoenas and administer oaths and 275.9 parties to the hearing shall have the same right to subpoenas 275.10 issued as are allowed for proceedings before the industrial 275.11 commission. A stenographic record must be made of all testimony 275.12 given and other proceedings during the hearing. If practicable, 275.13 rules governing reception of evidence in courts shall apply to 275.14 the hearing. The decision of the state board must be in writing 275.15 and the controlling facts upon which the decision is made must 275.16 be stated in sufficient detail to apprise the parties and the 275.17 reviewing court the basis and reason of the decision. The 275.18 decision must be confined to whether or not the specified 275.19 violations or any of them existed at the date of the 275.20 commissioner's first notice, whether the violations were 275.21 corrected within the time permitted, and whether the violations 275.22 require reduction of the state aids under this section. 275.23 Subd. 6. [VIOLATION; AID REDUCTION.] The commissioner 275.24 shall not reduce state aids payable to the district if the 275.25 violation specified is corrected within the time permitted, or 275.26 if the commissioner on being notified of the district board's 275.27 decision to dispute decides the violation does not exist, or if 275.28 the state board decides after hearing no violation specified in 275.29 the commissioner's notice existed at the time of the notice, or 275.30 that the violations were corrected within the time permitted. 275.31 Otherwise state aids payable to the district for the year in 275.32 which the violation occurred shall be reduced as follows: The 275.33 total amount of state aids to which the district may be entitled 275.34 shall be reduced in the proportion that the period during which 275.35 a specified violation continued, computed from the last day of 275.36 the time permitted for correction, bears to the total number of 276.1 days school is held in the district during the year in which a 276.2 violation exists, multiplied by 60 percent of the basic revenue, 276.3 as defined in section 124A.22, subdivision 2, of the district 276.4 for that year. 276.5 Subd. 7. [REDUCTION IN AIDS PAYABLE.] Reductions in aid 276.6 under this section and section 124.19 must be from general 276.7 education aid. If there is not sufficient general education aid 276.8 remaining to be paid for the school year in which the violation 276.9 occurred, the reduction shall be from the other aids listed in 276.10 section 124.155, subdivision 2, that are payable to the district 276.11 for that year in the order in which the aids are listed in 276.12 section 124.155, subdivision 2. If there is not a sufficient 276.13 amount of state aids remaining payable to the district for the 276.14 school year in which the violation occurred to permit the full 276.15 amount of reduction required, that part of the required 276.16 reduction not taken from that school year's aids will be taken 276.17 from the state aids payable to the district for the next school 276.18 year, and the reduction will be made from the various aids 276.19 payable for the next year in the order above specified. 276.20 Subd. 8. [APPEAL.] A decision of the state board under 276.21 this section may be appealed in accordance with chapter 14. 276.22 Subd. 9. [NOTICE TO DISTRICT.] Any notice given to the 276.23 board of a district will be deemed given when a copy thereof is 276.24 mailed, registered, to the superintendent of the district, if 276.25 there is a superintendent, and to the clerk of the board of the 276.26 district. If it is shown that neither the superintendent nor 276.27 the clerk in fact received such notice in the ordinary course of 276.28 mail, then the time for correction will be accordingly extended 276.29 by the commissioner so that a reasonable time will be allowed 276.30 from actual receipt of notice for correction. If notice is sent 276.31 by the commissioner with respect to a violation which is 276.32 continued by the district in a succeeding year, no separate 276.33 notice for that violation for the succeeding year will be 276.34 required. Proceedings initiated by such notice shall include 276.35 any continuing violation notwithstanding that a part thereof 276.36 occurs in a year different from the year in which it started. 277.1 The commissioner may require reasonable proof of the time that a 277.2 violation ceased for the determination of the amount of aids to 277.3 be withheld. Costs and disbursements of the review by the 277.4 district court, exclusive of those incurred in the 277.5 administrative proceedings, may be taxed against the losing 277.6 party and in the event taxed against the state must be paid from 277.7 the appropriations made to the department for the payment of 277.8 special state aids. 277.9 Sec. 14. [121.971] [AID REDUCTION; LEVY REVENUE 277.10 RECOGNITION CHANGE.] 277.11 Subdivision 1. [AMOUNT OF ADJUSTMENT.] Each year state 277.12 aids and credits enumerated in subdivision 2 payable to any 277.13 district for that fiscal year shall be adjusted, in the order 277.14 listed, by an amount equal to (1) the amount the district 277.15 recognized as revenue for the prior fiscal year pursuant to 277.16 section 121.904, subdivision 4a, clause (b), minus (2) the 277.17 amount the district recognizes as revenue for the current fiscal 277.18 year pursuant to section 121.904, subdivision 4a, clause (b). 277.19 For the purposes of making the aid adjustment under this 277.20 subdivision, the amount the district recognizes as revenue for 277.21 either the prior fiscal year or the current fiscal year pursuant 277.22 to section 121.904, subdivision 4a, clause (b), shall not 277.23 include any amount levied pursuant to sections 124.226, 277.24 subdivision 9, 124.912, subdivisions 2 and 3, or a successor 277.25 provision only for those districts affected, 124.916, 277.26 subdivisions 1 and 2, 124.918, subdivision 6, and 124A.03, 277.27 subdivision 2; and Laws 1992, chapter 499, articles 1, section 277.28 20, and 6, section 36. Payment from the permanent school fund 277.29 shall not be adjusted pursuant to this section. The school 277.30 district shall be notified of the amount of the adjustment made 277.31 to each payment pursuant to this section. 277.32 Subd. 2. [ADJUSTMENT TO AIDS.] (a) The amount specified in 277.33 subdivision 1 shall be used to adjust the following state aids 277.34 and credits in the order listed: 277.35 (1) general education aid authorized in sections 124A.23 277.36 and 124B.20; 278.1 (2) secondary vocational aid authorized in section 124.573; 278.2 (3) special education aid authorized in sections 124.32, 278.3 124.3201, and 124.3202; 278.4 (4) secondary vocational aid for children with a disability 278.5 authorized in section 124.574; 278.6 (5) aid for pupils of limited English proficiency 278.7 authorized in section 124.273; 278.8 (6) transportation aid authorized in section 124.225; 278.9 (7) community education programs aid authorized in section 278.10 124.2713; 278.11 (8) adult education aid authorized in section 124.26; 278.12 (9) early childhood family education aid authorized in 278.13 section 124.2711; 278.14 (10) capital expenditure aid authorized in sections 278.15 124.243, 124.244, and 124.83; 278.16 (11) school district cooperation aid authorized in section 278.17 124.2727; 278.18 (12) assurance of mastery aid according to section 124.311; 278.19 (13) homestead and agricultural credit aid, disparity 278.20 credit and aid, and changes to credits for prior year 278.21 adjustments according to section 273.1398, subdivisions 2, 3, 4, 278.22 and 7; 278.23 (14) attached machinery aid authorized in section 273.138, 278.24 subdivision 3; 278.25 (15) alternative delivery aid authorized in section 278.26 124.322; 278.27 (16) special education equalization aid authorized in 278.28 section 124.321; 278.29 (17) special education excess cost aid authorized in 278.30 section 124.323; 278.31 (18) learning readiness aid authorized in section 124.2615; 278.32 and 278.33 (19) cooperation-combination aid authorized in section 278.34 124.2725. 278.35 (b) The commissioner shall schedule the timing of the 278.36 adjustments to state aids and credits specified in subdivision 279.1 1, as close to the end of the fiscal year as possible. 279.2 Subd. 3. [ACCOUNTING.] Each district shall establish an 279.3 account which shall be designated "property tax recognition 279.4 account". This account shall reflect the adjustments made 279.5 pursuant to subdivision 1 according to the fiscal year specified. 279.6 Sec. 15. [121.972] [CONSOLIDATION; INSTRUCTION BY 279.7 NONRESIDENTIAL DISTRICT.] 279.8 Subdivision 1. [AID PAYMENTS IN CASE OF ALTERATION OF 279.9 BOUNDARIES.] Where two or more districts hereafter unite the 279.10 state aid shall continue to be paid for the remainder of the 279.11 school year in which the union was completed as the state aids 279.12 were paid to the individual districts prior to the union. 279.13 Subd. 2. [TUITION.] Except as otherwise provided in law, 279.14 every district that provides for the instruction of a pupil 279.15 without a disability in a nonresident district shall pay to the 279.16 nonresident district the actual cost of the instruction, 279.17 excluding transportation costs. Tuition for a nonresident pupil 279.18 with a disability must be determined according to section 279.19 120.17, subdivision 4. 279.20 The resident district shall also pay to the nonresident 279.21 district, for capital expenditures and debt service, $10 per 279.22 actual pupil unit in average daily membership for each 279.23 nonresident pupil unit. However, a nonresident district may 279.24 include in its tuition, for capital expenditures and debt 279.25 service, an amount per actual pupil unit in average daily 279.26 membership based on the amount that the average expenditure for 279.27 capital expenditures and debt service determined by dividing 279.28 such annual expenditure by the total number of pupil units in 279.29 average daily membership in the district exceeds $10 per actual 279.30 pupil unit. If the nonresident district has no capital 279.31 expenditures or debt service, it may use the money for any 279.32 purpose for which it is authorized to spend money. 279.33 Subd. 3. [TUITION AS AGREED.] Notwithstanding subdivision 279.34 2, a resident district may pay a nonresident district the amount 279.35 for tuition that is agreed upon by the districts. 279.36 Sec. 16. [121.973] [PAYMENT OF AIDS AND CREDITS TO SCHOOL 280.1 DISTRICTS.] 280.2 Subdivision 1. [APPLICABILITY.] This section applies to 280.3 all aids or credits paid by the commissioner from the general 280.4 fund to districts. 280.5 Subd. 2. [DEFINITIONS.] (a) The term "other district 280.6 receipts" means payments by county treasurers pursuant to 280.7 section 276.10, apportionments from the school endowment fund 280.8 pursuant to section 124.09, apportionments by the county auditor 280.9 pursuant to section 124.10, subdivision 2, and payments to 280.10 school districts by the commissioner of revenue pursuant to 280.11 chapter 298. 280.12 (b) The term "cumulative amount guaranteed" means the sum 280.13 of the following: 280.14 (1) one-third of the final adjustment payment according to 280.15 subdivision 6; plus 280.16 (2) the product of 280.17 (i) the cumulative disbursement percentage shown in 280.18 subdivision 3; times 280.19 (ii) the sum of 280.20 85 percent of the estimated aid and credit entitlements 280.21 paid according to subdivision 10; plus 280.22 100 percent of the entitlements paid according to 280.23 subdivisions 8 and 9; plus 280.24 the other district receipts; plus 280.25 the final adjustment payment according to subdivision 6. 280.26 (c) The term "payment date" means the date on which state 280.27 payments to districts are made by the electronic funds transfer 280.28 method. If a payment date falls on a Saturday, a Sunday, or a 280.29 weekday which is a legal holiday, the payment shall be made on 280.30 the immediately following business day. The commissioner may 280.31 make payments on dates other than those listed in subdivision 3, 280.32 but only for portions of payments from any preceding payment 280.33 dates which could not be processed by the electronic funds 280.34 transfer method due to documented extenuating circumstances. 280.35 Subd. 3. [PAYMENT DATES AND PERCENTAGES.] The commissioner 280.36 shall pay to a district on the dates indicated an amount 281.1 computed as follows: the cumulative amount guaranteed minus the 281.2 sum of (a) the district's other district receipts through the 281.3 current payment, and (b) the aid and credit payments through the 281.4 immediately preceding payment. For purposes of this 281.5 computation, the payment dates and the cumulative disbursement 281.6 percentages are as follows: 281.7 Payment date Percentage 281.8 Payment 1 July 15: 2.25 281.9 Payment 2 July 30: 4.50 281.10 Payment 3 August 15: the greater of (a) the final 281.11 adjustment for the prior fiscal year for 281.12 the state paid property tax credits 281.13 established in section 273.1392, or 281.14 (b) the amount needed to provide 6.75 percent 281.15 Payment 4 August 30: 9.0 281.16 Payment 5 September 15: 12.75 281.17 Payment 6 September 30: 16.50 281.18 Payment 7 October 15: the greater of (a) one-half of 281.19 the final adjustment for the prior fiscal year 281.20 for all aid entitlements except state paid 281.21 property tax credits, or (b) the amount needed to 281.22 provide 20.75 percent 281.23 Payment 8 October 30: the greater of (a) one-half of the 281.24 final adjustment for the prior fiscal year for all 281.25 aid entitlements except state paid property 281.26 tax credits, or (b) the amount needed 281.27 to provide 25.0 percent 281.28 Payment 9 November 15: 31.0 281.29 Payment 10 November 30: 37.0 281.30 Payment 11 December 15: 40.0 281.31 Payment 12 December 30: 43.0 281.32 Payment 13 January 15: 47.25 281.33 Payment 14 January 30: 51.5 281.34 Payment 15 February 15: 56.0 281.35 Payment 16 February 28: 60.5 281.36 Payment 17 March 15: 65.25 282.1 Payment 18 March 30: 70.0 282.2 Payment 19 April 15: 73.0 282.3 Payment 20 April 30: 79.0 282.4 Payment 21 May 15: 82.0 282.5 Payment 22 May 30: 90.0 282.6 Payment 23 June 20: 100.0 282.7 Subd. 4. [APPEAL.] The commissioner, in consultation with 282.8 the commissioner of finance, may revise the payment dates and 282.9 percentages in subdivision 3 for a district if it is determined 282.10 that there is an emergency or there are serious cash flow 282.11 problems in the district that cannot be resolved by issuing 282.12 warrants or other forms of indebtedness. The commissioner shall 282.13 establish a process and criteria for districts to appeal the 282.14 payment dates and percentages established in subdivision 3. 282.15 Subd. 5. [CASH FLOW ADJUSTMENT.] During each year in which 282.16 the cash flow low points for August, September, and October 282.17 estimated by the commissioner of finance for invested 282.18 treasurer's cash exceeds $360,000,000, the commissioner shall 282.19 increase the cumulative disbursement percentages established in 282.20 subdivision 3 to the following amounts: 282.21 Payment 3 August 15: 12.75 percent 282.22 Payment 4 August 30: 15.00 percent 282.23 Payment 5 September 15: 17.25 percent 282.24 Payment 6 September 30: 19.50 percent 282.25 Payment 7 October 15: 21.75 percent 282.26 Subd. 6. [CASH FLOW WAIVER.] For any district exceeding 282.27 its expenditure limitations under section 121.917, and if 282.28 requested by the district, the commissioner of children, 282.29 families, and learning, in consultation with the commissioner of 282.30 finance, and a school district may negotiate a cash flow payment 282.31 schedule under subdivision 3 corresponding to the district's 282.32 cash flow needs so as to minimize the district's short-term 282.33 borrowing needs. 282.34 Subd. 7. [PAYMENT LIMIT.] Subdivision 3 does not authorize 282.35 the commissioner to pay to a district's operating funds an 282.36 amount of state general fund cash that exceeds the sum of: 283.1 (a) its estimated aid and credit payments for the current 283.2 year according to subdivision 13; 283.3 (b) its actual aid payments according to subdivisions 11 283.4 and 12; and 283.5 (c) the final adjustment payment for the prior year. 283.6 Subd. 8. [COMMISSIONER'S ASSUMPTIONS.] For purposes of 283.7 determining the amount of state general fund cash to be paid to 283.8 districts pursuant to subdivision 3, the commissioner shall: 283.9 (1) assume that the payments to school districts by the 283.10 county treasurer of revenues accruing to the fiscal year of 283.11 receipt pursuant to section 276.11 are made in the following 283.12 manner: 283.13 (i) 50 percent within seven business days of each due date; 283.14 and 283.15 (ii) 100 percent within 14 business days of each due date; 283.16 (2) assume that the payments to districts by the county 283.17 treasurer of revenues accruing to the fiscal year of receipt 283.18 pursuant to section 276.111 are made in the following manner: 283.19 (i) 50 percent within seven business days of the October 15 283.20 due date; 283.21 (ii) 100 percent within 14 business days of the October 15 283.22 due date; and 283.23 (iii) 100 percent within ten business days of the November 283.24 15 due date; and 283.25 (3) assume that the payments to school districts by county 283.26 auditors pursuant to section 124.10, subdivision 2 are made at 283.27 the end of the months indicated in that subdivision. 283.28 Subd. 9. [FINAL ADJUSTMENT PAYMENT.] For all aids and 283.29 credits paid according to subdivision 13, the final adjustment 283.30 payment must include the amounts necessary to pay the district's 283.31 full aid entitlement for the prior year based on actual data. 283.32 This payment must be used to correct all estimates used for the 283.33 payment schedule in subdivision 3. The payment must be made as 283.34 specified in subdivision 3. In the event actual data are not 283.35 available, the final adjustment payment may be computed based on 283.36 estimated data. A corrected final adjustment payment must be 284.1 made when actual data are available. 284.2 Subd. 10. [PAYMENTS TO SCHOOL NONOPERATING FUNDS.] Each 284.3 fiscal year state general fund payments for a district 284.4 nonoperating fund must be made at 85 percent of the estimated 284.5 entitlement during the fiscal year of the entitlement, unless a 284.6 higher rate has been established according to section 121.904, 284.7 subdivision 4d. This amount shall be paid in 12 equal monthly 284.8 installments. The amount of the actual entitlement, after 284.9 adjustment for actual data, minus the payments made during the 284.10 fiscal year of the entitlement must be paid prior to October 31 284.11 of the following school year. The commissioner may make advance 284.12 payments of homestead and agricultural credit aid for a 284.13 district's debt service fund earlier than would occur under the 284.14 preceding schedule if the district submits evidence showing a 284.15 serious cash flow problem in the fund. The commissioner may 284.16 make earlier payments during the year and, if necessary, 284.17 increase the percent of the entitlement paid to reduce the cash 284.18 flow problem. 284.19 Subd. 11. [PAYMENT PERCENTAGE FOR REIMBURSEMENT AIDS.] One 284.20 hundred percent of the special education special pupil aid 284.21 according to section 124.32, subdivision 6, for the previous 284.22 fiscal year must be paid in the current year. 284.23 Subd. 12. [PAYMENT PERCENTAGE FOR CERTAIN AIDS.] One 284.24 hundred percent of the aid for the current fiscal year must be 284.25 paid for the following aids: reimbursement for transportation 284.26 to post-secondary institutions, according to section 123.3514, 284.27 subdivision 8; aid for the program for adults with disabilities, 284.28 according to section 124.2715, subdivision 2; school lunch aid, 284.29 according to section 124.646; hearing impaired support services 284.30 aid, according to section 121.201; Indian post-secondary 284.31 preparation grants according to section 124.481; integration 284.32 grants according to Laws 1989, chapter 329, article 8, section 284.33 14, subdivision 3; and debt service aid according to section 284.34 124.95, subdivision 5. 284.35 Subd. 13. [AID PAYMENT PERCENTAGE.] Except as provided in 284.36 subdivisions 11, 12, and 14, each fiscal year, all education 285.1 aids and credits in this chapter and chapters 123, 124A, 124B, 285.2 124D, 125, 126, 134, and section 273.1392, shall be paid at 90 285.3 percent for districts operating a program under section 121.585 285.4 for grades 1 through 12 for all students in the district and 85 285.5 percent for other districts of the estimated entitlement during 285.6 the fiscal year of the entitlement, unless a higher rate has 285.7 been established according to section 121.904, subdivision 4d. 285.8 Districts operating a program under section 121.585 for grades 1 285.9 through 12 for all students in the district must receive 85 285.10 percent of the estimated entitlement plus an additional amount 285.11 of general education aid equal to five percent of the estimated 285.12 entitlement. For all districts, the final adjustment payment, 285.13 according to subdivision 9, must be the amount of the actual 285.14 entitlement, after adjustment for actual data, minus the 285.15 payments made during the fiscal year of the entitlement. 285.16 Subd. 14. [NONPUBLIC AIDS.] The state shall pay aid 285.17 according to sections 123.931 to 123.947 for pupils attending 285.18 nonpublic schools as follows: 285.19 (1) an advance payment by November 30 equal to 85 percent 285.20 of the estimated entitlement for the current fiscal year; and 285.21 (2) a final payment by October 31 of the following fiscal 285.22 year, adjusted for actual data. 285.23 If a payment advance to meet cash flow needs is requested 285.24 by a district and approved by the commissioner, the state shall 285.25 pay basic transportation aid according to section 124.225 285.26 attributable to pupils attending nonpublic schools by October 31. 285.27 Subd. 15. [AID ADJUSTMENT FOR TRA CONTRIBUTION RATE 285.28 CHANGE.] (a) The department must reduce general education aid or 285.29 any other aid paid in a fiscal year directly to districts. Any 285.30 district or cooperative unit providing elementary or secondary 285.31 education services that is prohibited from receiving direct 285.32 state aids by section 124.193 or 124.32, subdivision 12, is 285.33 exempt from this reduction. The reduction shall equal the 285.34 following percent of salaries paid in a fiscal year by the 285.35 entity to members of the teachers retirement association 285.36 established in chapter 354. However, salaries paid to members 286.1 of the association who are employed by a technical college shall 286.2 be excluded from this calculation: 286.3 (1) in fiscal year 1991, 0.84 percent, 286.4 (2) in fiscal year 1992 and later years, the greater of 286.5 (i) zero, or 286.6 (ii) 4.48 percent less the additional employer contribution 286.7 rate established under section 354.42, subdivision 5. 286.8 (b) In fiscal year 1991, this reduction is estimated to 286.9 equal $14,260,000. 286.10 Subd. 16. [EDUCATION AIDS CASH FLOW ACCOUNT.] (a) An 286.11 education aids cash flow account is established in the state 286.12 treasury for the purpose of ensuring the timely payment of state 286.13 aids or credits to districts as provided in this section. In 286.14 the event the account balance in any appropriation from the 286.15 general fund to the department for education aids or credits is 286.16 insufficient to make the next scheduled payment or payments, the 286.17 commissioner is authorized to transfer funds from the education 286.18 aids cash flow account to the accounts that are insufficient. 286.19 (b) For purposes of this subdivision, an account may have 286.20 an insufficient balance only as a result of some districts being 286.21 overpaid based on revised estimates for the relevant annual aid 286.22 or credit entitlements. When the overpayment amounts are 286.23 recovered from the pertinent districts, the commissioner shall 286.24 transfer those amounts to the education aids cash flow account. 286.25 The commissioner shall determine when it is not feasible to 286.26 recover the overpayments in a timely manner from the district's 286.27 future aid payments and notify the district of the amount that 286.28 is to be refunded to the state. Districts are encouraged to 286.29 make such refunds promptly. The commissioner may approve a 286.30 schedule for making a refund when a district demonstrates that 286.31 its cash flow is inadequate to promptly make the refund in full. 286.32 (c) There is annually appropriated from the general fund to 286.33 the education aids cash flow account the additional amount 286.34 necessary to ensure the timely payment of state aids or credits 286.35 to districts as provided in this section. For any fiscal year, 286.36 the appropriation authorized in this subdivision must not exceed 287.1 an amount equal to two-tenths of one percent of the total 287.2 general fund appropriations in that year for education aids and 287.3 credits. At the close of each fiscal year, the amount of actual 287.4 transfers plus anticipated transfers required in paragraph (b) 287.5 must equal the authorized amounts transferred in paragraph (a) 287.6 so that the net effect on total general fund spending for 287.7 education aids and credits is zero. 287.8 Sec. 17. [121.974] [CHANGE IN PAYMENT OF AIDS AND 287.9 CREDITS.] 287.10 If the commissioner of finance determines that 287.11 modifications in the payment schedule would reduce the need for 287.12 state short-term borrowing, the commissioner shall modify 287.13 payments to districts according to this section. The 287.14 modifications must begin no sooner than September 1 of each 287.15 fiscal year, and must remain in effect until no later than May 287.16 30 of that same fiscal year. In calculating the payment to a 287.17 district pursuant to section 124.195, subdivision 3, the 287.18 commissioner may subtract the sum specified in that subdivision, 287.19 plus an additional amount no greater than the following: 287.20 (1) the net cash balance in the district's four operating 287.21 funds on June 30 of the preceding fiscal year; minus 287.22 (2) the product of $150 times the number of actual pupil 287.23 units in the preceding fiscal year; minus 287.24 (3) the amount of payments made by the county treasurer 287.25 during the preceding fiscal year, pursuant to section 276.11, 287.26 which is considered revenue for the current school year. 287.27 However, no additional amount shall be subtracted if the total 287.28 of the net unappropriated fund balances in the district's four 287.29 operating funds on June 30 of the preceding fiscal year, is less 287.30 than the product of $350 times the number of actual pupil units 287.31 in the preceding fiscal year. The net cash balance must include 287.32 all cash and investments, less certificates of indebtedness 287.33 outstanding, and orders not paid for want of funds. 287.34 A district may appeal the payment schedule established by 287.35 this section according to the procedures established in section 287.36 124.195, subdivision 3a. 288.1 Sec. 18. [121.975] [ADJUSTMENT OF GROSS TAX CAPACITY.] 288.2 Subdivision 1. [ADJUSTED NET TAX CAPACITY.] (a) 288.3 [COMPUTATION.] The department of revenue must annually conduct 288.4 an assessment/sales ratio study of the taxable property in each 288.5 district in accordance with the procedures in paragraphs (b) and 288.6 (c). Based upon the results of this assessment/sales ratio 288.7 study, the department of revenue must determine an aggregate 288.8 equalized net tax capacity for the various classes of taxable 288.9 property in each district, which tax capacity shall be 288.10 designated as the adjusted net tax capacity. The adjusted net 288.11 tax capacities shall be determined using the net tax capacity 288.12 percentages in effect for the assessment year following the 288.13 assessment year of the study. The department of revenue must 288.14 make whatever estimates are necessary to account for changes in 288.15 the classification system. The department of revenue may incur 288.16 the expense necessary to make the determinations. The 288.17 commissioner of revenue may reimburse any county or governmental 288.18 official for requested services performed in ascertaining the 288.19 adjusted net tax capacity. On or before March 15 annually, the 288.20 department of revenue shall file with the chair of the tax 288.21 committee of the house of representatives and the chair of the 288.22 committee on taxes and tax laws of the senate a report of 288.23 adjusted net tax capacities. On or before June 15 annually, the 288.24 department of revenue shall file its final report on the 288.25 adjusted net tax capacities established by the previous year's 288.26 assessments and the current year's net tax capacity percentages 288.27 with the commissioner of children, families, and learning and 288.28 each county auditor for those districts for which the auditor 288.29 has the responsibility for determination of local tax rates. A 288.30 copy of the report so filed must be mailed to the clerk of each 288.31 district involved and to the county assessor or supervisor of 288.32 assessments of the county or counties in which each district is 288.33 located. 288.34 (b) [METHODOLOGY.] In making its annual assessment/sales 288.35 ratio studies, the department of revenue must use a methodology 288.36 consistent with the most recent Standard on Assessment Ratio 289.1 Studies published by the assessment standards committee of the 289.2 International Association of Assessing Officers. The 289.3 commissioner of revenue shall supplement this general 289.4 methodology with specific procedures necessary for execution of 289.5 the study in accordance with other Minnesota laws impacting the 289.6 assessment/sales ratio study. The commissioner shall document 289.7 these specific procedures in writing and shall publish the 289.8 procedures in the State Register, but these procedures will not 289.9 be considered "rules" pursuant to the Minnesota administrative 289.10 procedure act. For purposes of this section, sections 270.12, 289.11 subdivision 2, clause (8), and 278.05, subdivision 4, the 289.12 commissioner of revenue shall exclude from the assessment/sales 289.13 ratio study the sale of any nonagricultural property which does 289.14 not contain an improvement, if (1) the statutory basis on which 289.15 the property's taxable value as most recently assessed is less 289.16 than market value as defined in section 273.11, or (2) the 289.17 property has undergone significant physical change or a change 289.18 of use since the most recent assessment. 289.19 (c) [AGRICULTURAL LANDS.] For purposes of determining the 289.20 adjusted net tax capacity of agricultural lands for the 289.21 calculation of adjusted net tax capacities, the market value of 289.22 agricultural lands must be the price for which the property 289.23 would sell in an arms length transaction. 289.24 (d) [FORCED SALES.] The commissioner of revenue may 289.25 include forced sales in the assessment/sales ratio studies if it 289.26 is determined by the commissioner of revenue that these forced 289.27 sales indicate true market value. 289.28 (e) [STIPULATED VALUES AND ABATEMENTS.] The estimated 289.29 market value to be used in calculating sales ratios must be the 289.30 value established by the assessor before any stipulations 289.31 resulting from appeals by property owners and before any 289.32 abatement unless the abatement was granted for the purpose of 289.33 correcting mere clerical errors. 289.34 (f) [SALES OF INDUSTRIAL PROPERTY.] Separate sales ratios 289.35 must be calculated for commercial property and for industrial 289.36 property. These two classes shall be combined only in 290.1 jurisdictions in which there is not an adequate sample of sales 290.2 in each class. 290.3 Subd. 2. [ADJUSTED NET TAX CAPACITY; GROWTH LIMIT.] In the 290.4 calculation of adjusted net tax capacities for 1987 and each 290.5 year thereafter, the commissioner of revenue shall not increase 290.6 the adjusted net tax capacity of taxable property for any 290.7 district over the adjusted net tax capacity established and 290.8 filed with the commissioner for the immediately preceding year 290.9 by more than the greater of (1) 19 percent of the certified 290.10 adjusted net tax capacity established and filed with the 290.11 commissioner of children, families, and learning for the year 290.12 immediately preceding, or (2) 40 percent of the difference 290.13 between the district's total adjusted net tax capacity for the 290.14 current year calculated without the application of this 290.15 subdivision and the district's certified adjusted net tax 290.16 capacity established and filed with the commissioner for the 290.17 immediately preceding year. 290.18 Subd. 3. [DECREASE IN IRON ORE NET TAX CAPACITY.] If in 290.19 any year the net tax capacity of iron ore property, as defined 290.20 in section 273.13, subdivision 31, in any district is less than 290.21 the net tax capacity of such property in the preceding year, the 290.22 commissioner of revenue shall redetermine for all purposes the 290.23 adjusted net tax capacity of the preceding year taking into 290.24 account only the decrease in net tax capacity of iron ore 290.25 property as defined in section 273.13, subdivision 31. If 290.26 subdivision 2, clause (a), is applicable to the district, the 290.27 decrease in iron ore property shall be applied to the adjusted 290.28 net tax capacity as limited therein. In all other respects, the 290.29 provisions of clause (1) shall apply. 290.30 Subd. 4. [CAPTURED TAX CAPACITY ADJUSTMENT.] In 290.31 calculating adjusted net tax capacity, the commissioner of 290.32 revenue shall increase the adjusted net tax capacity of a 290.33 district containing a tax increment financing district for which 290.34 an election is made under section 469.1782, subdivision 1, 290.35 clause (1). The amount of the increase equals the captured net 290.36 tax capacity of the tax increment financing district in the year 291.1 preceding the first taxes payable year in which the special law 291.2 permits collection beyond that permitted by the general law 291.3 duration limit that otherwise would apply. The addition applies 291.4 beginning for aid and levy for the first taxes payable year in 291.5 which the special law permits collection of increment beyond 291.6 that permitted by the general law duration limit that otherwise 291.7 would apply. The addition continues to apply for each taxes 291.8 payable year the district remains in effect. 291.9 Subd. 5. [ADJUSTED NET TAX CAPACITY; APPEALS.] If a 291.10 district, within 30 days after receipt of a copy of a report 291.11 filed with the commissioner made pursuant to subdivision 1 or 3, 291.12 is of the opinion that the commissioner of revenue has made an 291.13 error in the determination of the district's market value, it 291.14 may appeal from the report or portion thereof relating to the 291.15 district to the commissioner of revenue for a review and 291.16 determination of the matters contained in the appeal. The 291.17 commissioner of revenue shall advise the district of the 291.18 determination within 30 days. If the district wishes to appeal 291.19 the determination of the commissioner, it must file a notice of 291.20 appeal with the tax court, as provided in subdivisions 6 to 11 291.21 within ten days of the notice of determination from the 291.22 commissioner. 291.23 Subd. 6. [NOTICE OF APPEAL.] The district must file with 291.24 the court administrator of the tax court a notice of appeal from 291.25 the determination of the commissioner of revenue fixing the 291.26 market value of the district, and such notice must show the 291.27 basis of the alleged error. A copy of the notice of appeal must 291.28 be served upon the commissioner of revenue, and proof of service 291.29 must be filed with the court administrator. 291.30 Subd. 7. [HEARING.] Upon receipt of the notice of appeal 291.31 the tax court must review the notice of appeal and determine 291.32 whether it appears from the allegations and proofs therein 291.33 contained that an error has been made in the determination by 291.34 the commissioner of revenue of the market value of the property 291.35 in the district. If the court finds it probable that such an 291.36 error has been made, it must notice the matter for hearing; 292.1 otherwise, it must dismiss the appeal and notify the parties 292.2 thereof. Hearings must be set and held in the same manner as 292.3 other hearings of the tax court are set and heard, except that 292.4 an appeal filed under subdivision 5 must take precedence over 292.5 other appeals pending before the court. The attorney general 292.6 shall represent the commissioner of revenue. The administrative 292.7 procedure act, sections 14.09 to 14.28, 14.38, 14.44 to 14.45, 292.8 and 14.57 to 14.69, shall apply to hearings insofar as it is 292.9 applicable. 292.10 Subd. 8. [TAX COURT DETERMINATION.] The tax court must 292.11 hear, consider, and determine such appeal, de novo upon the 292.12 issues made by the notice of appeal, if a hearing has been 292.13 granted thereon. At the conclusion of the hearing, the court 292.14 must: (1) file findings of fact, or (2) refer the issues to the 292.15 commissioner of revenue with instructions and recommendations 292.16 for a determination and correction of the market value of the 292.17 appealing district. The decision of the tax court, if it 292.18 decides the matter de novo, shall have the same force and effect 292.19 as a determination by the commissioner of revenue in the first 292.20 instance under this section, and the commissioner of revenue 292.21 must be notified thereof. If the matter is rereferred to the 292.22 commissioner of revenue, a redetermination by the commissioner 292.23 of revenue in accordance with the recommendations of the tax 292.24 court must likewise have the same force and effect as a 292.25 determination by it in the first instance under this section. 292.26 Subd. 9. [HEARING EXAMINER.] In addition to the powers and 292.27 duties of the tax court as prescribed by chapter 271, any 292.28 hearing ordered pursuant to this section may be heard by a 292.29 hearing examiner in lieu of one or more judges of the tax 292.30 court. If a hearing is conducted by a hearing examiner, such 292.31 hearing examiner shall exercise the same powers conferred by law 292.32 upon one or more judges of the tax court. The hearing examiner 292.33 shall report to the court. The court is authorized to make 292.34 findings of fact based on the report of the hearing examiner in 292.35 the same manner as is required by these provisions when the 292.36 hearing is conducted by the court. The tax court may employ 293.1 hearing examiners upon such terms and conditions as it shall 293.2 prescribe. A hearing examiner so appointed shall be in the 293.3 unclassified service of the state. 293.4 Subd. 10. [LIMITATION OF APPEALS.] A decision of the tax 293.5 court pursuant to the terms hereof shall be final and shall not 293.6 be subject to review by any court, except upon certiorari to the 293.7 supreme court. 293.8 Subd. 11. [AIDS PENDING APPEALS.] During the pendency of 293.9 any appeal from the commissioner of revenue evaluation, state 293.10 aids to the appealing district must be paid on the basis of the 293.11 evaluation subject to adjustment upon final determination of the 293.12 appeal. 293.13 Sec. 19. [121.976] [COMPUTATION OF TAX RATES.] 293.14 In computing the basic transportation tax rate under 293.15 section 124.226, subdivision 1, and the general education tax 293.16 rate under section 124A.23, subdivision 1, the commissioner 293.17 shall, notwithstanding section 124.2131, subdivision 1, use 293.18 adjusted net tax capacities that do not reflect the class rate 293.19 reductions for seasonal residential recreational property not 293.20 used for commercial purposes, in section 273.13, subdivision 25. 293.21 Notwithstanding the dollar amounts specified in sections 293.22 124.226, subdivision 1, and 124A.23, subdivision 1, the 293.23 resulting rate shall be applied to the adjusted net tax 293.24 capacities as computed under section 124.2131, for purposes of 293.25 determining the basic transportation levy under section 124.226, 293.26 subdivision 1, and the general education levy under section 293.27 124A.23, subdivision 2. The equalizing factor under section 293.28 124A.02, shall be computed using the tax rate computed under 293.29 this section. 293.30 Sec. 20. [121.977] [REDUCTION OF PAYMENTS TO SCHOOL 293.31 DISTRICTS.] 293.32 The commissioner of revenue shall reduce the sum of the 293.33 additional transition credit, homestead and agricultural credit 293.34 aid, and disparity reduction aid payments under section 273.1398 293.35 made to districts by the product of: 293.36 (1) the district's fiscal year 1984 payroll for coordinated 294.1 plan members of the public employees retirement association 294.2 other than technical college employees, times 294.3 (2) the difference between the employer contribution rate 294.4 in effect prior to July 1, 1984, and the total employer 294.5 contribution rate in effect after June 30, 1984. 294.6 Sec. 21. [121.978] [AID ADJUSTMENTS.] 294.7 Subdivision 1. [OMISSIONS.] No adjustments to any aid 294.8 payments made pursuant to this chapter or chapter 124A, 294.9 resulting from omissions in district reports, except those 294.10 adjustments determined by the legislative auditor, shall be made 294.11 for any school year after December 30 of the next school year, 294.12 unless otherwise specifically provided by law. 294.13 Subd. 2. [ABATEMENTS.] Whenever by virtue of chapter 278, 294.14 sections 270.07, 375.192, or otherwise, the net tax capacity of 294.15 any district for any taxable year is changed after the taxes for 294.16 that year have been spread by the county auditor and the local 294.17 tax rate as determined by the county auditor based upon the 294.18 original net tax capacity is applied upon the changed net tax 294.19 capacities, the county auditor shall, prior to February 1 of 294.20 each year, certify to the commissioner of children, families, 294.21 and learning the amount of any resulting net revenue loss that 294.22 accrued to the district during the preceding year. Each year, 294.23 the commissioner shall pay an abatement adjustment to the 294.24 district in an amount calculated according to the provisions of 294.25 this subdivision. This amount must be deducted from the amount 294.26 of the levy authorized by section 124.912, subdivision 9. The 294.27 amount of the abatement adjustment must be the product of: 294.28 (1) the net revenue loss as certified by the county 294.29 auditor, times 294.30 (2) the ratio of: 294.31 (i) the sum of the amounts of the district's certified levy 294.32 in the preceding year according to the following: 294.33 (A) section 124A.23 if the district received general 294.34 education aid according to that section for the second preceding 294.35 year; 294.36 (B) section 124.226, subdivisions 1 and 4, if the district 295.1 received transportation aid according to section 124.225 for the 295.2 second preceding year; 295.3 (C) section 124.243, if the district received capital 295.4 expenditure facilities aid according to that section for the 295.5 second preceding year; 295.6 (D) section 124.244, if the district received capital 295.7 expenditure equipment aid according to that section for the 295.8 second preceding year; 295.9 (E) section 124.83, if the district received health and 295.10 safety aid according to that section for the second preceding 295.11 year; 295.12 (F) sections 124.2713, 124.2714, and 124.2715, if the 295.13 district received aid for community education programs according 295.14 to any of those sections for the second preceding year; 295.15 (G) section 124.2711, subdivision 2a, if the district 295.16 received early childhood family education aid according to 295.17 section 124.2711 for the second preceding year; 295.18 (H) section 124.321, subdivision 3, if the district 295.19 received special education levy equalization aid according to 295.20 that section for the second preceding year; 295.21 (I) section 124A.03, subdivision 1g, if the district 295.22 received referendum equalization aid according to that section 295.23 for the second preceding year; and 295.24 (J) section 124A.22, subdivision 4a, if the district 295.25 received training and experience aid according to that section 295.26 for the second preceding year; to 295.27 (ii) the total amount of the district's certified levy in 295.28 the preceding October, plus or minus auditor's adjustments. 295.29 Subd. 3. [EXCESS TAX INCREMENT.] If a return of excess tax 295.30 increment is made to a district pursuant to section 469.176, 295.31 subdivision 2, or upon decertification of a tax increment 295.32 district, the district's aid and levy limitations must be 295.33 adjusted for the fiscal year in which the excess tax increment 295.34 is paid under the provisions of this subdivision. 295.35 (a) An amount must be subtracted from the district's aid 295.36 for the current fiscal year equal to the product of: 296.1 (1) the amount of the payment of excess tax increment to 296.2 the district, times 296.3 (2) the ratio of: 296.4 (i) the sum of the amounts of the district's certified levy 296.5 for the fiscal year in which the excess tax increment is paid 296.6 according to the following: 296.7 (A) section 124A.23, if the district received general 296.8 education aid according to that section for the second preceding 296.9 year; 296.10 (B) section 124.226, subdivisions 1 and 4, if the district 296.11 received transportation aid according to section 124.225 for the 296.12 second preceding year; 296.13 (C) section 124.243, if the district received capital 296.14 expenditure facilities aid according to that section for the 296.15 second preceding year; 296.16 (D) section 124.244, if the district received capital 296.17 expenditure equipment aid according to that section for the 296.18 second preceding year; 296.19 (E) section 124.83, if the district received health and 296.20 safety aid according to that section for the second preceding 296.21 year; 296.22 (F) sections 124.2713, 124.2714, and 124.2715, if the 296.23 district received aid for community education programs according 296.24 to any of those sections for the second preceding year; 296.25 (G) section 124.2711, subdivision 2a, if the district 296.26 received early childhood family education aid according to 296.27 section 124.2711 for the second preceding year; 296.28 (H) section 124.321, subdivision 3, if the district 296.29 received special education levy equalization aid according to 296.30 that section for the second preceding year; 296.31 (I) section 124A.03, subdivision 1g, if the district 296.32 received referendum equalization aid according to that section 296.33 for the second preceding year; and 296.34 (J) section 124A.22, subdivision 4a, if the district 296.35 received training and experience aid according to that section 296.36 for the second preceding year; to 297.1 (ii) the total amount of the district's certified levy for 297.2 the fiscal year, plus or minus auditor's adjustments. 297.3 (b) An amount must be subtracted from the district's levy 297.4 limitation for the next levy certified equal to the difference 297.5 between: 297.6 (1) the amount of the distribution of excess increment; and 297.7 (2) the amount subtracted from aid pursuant to clause (a). 297.8 If the aid and levy reductions required by this subdivision 297.9 cannot be made to the aid for the fiscal year specified or to 297.10 the levy specified, the reductions must be made from aid for 297.11 subsequent fiscal years, and from subsequent levies. The 297.12 district must use the payment of excess tax increment to replace 297.13 the aid and levy revenue reduced under this subdivision. 297.14 This subdivision applies only to the total amount of excess 297.15 increments received by a district for a calendar year that 297.16 exceeds $25,000. 297.17 Sec. 22. [121.98] [VETERANS TRAINING.] 297.18 The commissioner shall continue the veterans training 297.19 program. All receipts to the veterans training revolving fund 297.20 for the veterans training program are appropriated to the 297.21 commissioner to pay the necessary expenses of operation of the 297.22 program. The department must act as the state agency for 297.23 approving educational institutions for purposes of United States 297.24 Code, title 38, chapter 36, relating to educational benefits for 297.25 veterans and other persons. The state board may adopt rules to 297.26 fulfill its obligations as the state approving agency. All 297.27 federal money received for purposes of the veterans training 297.28 program must be deposited in the veterans training revolving 297.29 fund and is appropriated to the department for those purposes. 297.30 Sec. 23. [121.983] [EDUCATION IN AGRICULTURE LEADERSHIP 297.31 COUNCIL.] 297.32 Subdivision 1. [ESTABLISHMENT.] The Minnesota education in 297.33 agriculture leadership council is established to promote 297.34 education about agriculture. 297.35 Subd. 2. [GOVERNANCE.] The council must be appointed by 297.36 the governor and has 12 members. One member must be appointed 298.1 from each congressional district and the remaining members must 298.2 be appointed at large. Council terms and removal of members are 298.3 as provided in section 15.0575. The council is governed by an 298.4 executive board of directors. The council may organize and 298.5 appoint committees as it considers necessary. 298.6 Sec. 24. [121.985] [MOTORCYCLE SAFETY EDUCATION PROGRAM.] 298.7 Subdivision 1. [ESTABLISHED; ADMINISTRATION; RULES.] A 298.8 motorcycle safety education program is established. The program 298.9 shall be administered by the commissioners of public safety and 298.10 children, families, and learning. The program shall include but 298.11 is not limited to training and coordination of motorcycle safety 298.12 instructors, motorcycle safety promotion and public information, 298.13 and reimbursement for the cost of approved courses offered by 298.14 schools and organizations. 298.15 Subd. 2. [REIMBURSEMENTS.] The commissioner of children, 298.16 families, and learning, to the extent that funds are available, 298.17 may reimburse schools and other approved organizations offering 298.18 approved motorcycle safety education courses for up to 50 298.19 percent of the actual cost of the courses. If sufficient funds 298.20 are not available, reimbursements shall be prorated. The 298.21 commissioner may conduct audits and otherwise examine the 298.22 records and accounts of schools and approved organizations 298.23 offering the courses to insure the accuracy of the costs. 298.24 Subd. 3. [APPROPRIATION.] (a) All funds in the motorcycle 298.25 safety fund created by section 171.06, subdivision 2a, are 298.26 hereby annually appropriated to the commissioner of public 298.27 safety to carry out the purposes of subdivisions 1 and 2. The 298.28 commissioner of public safety may make grants from the fund to 298.29 the commissioner of children, families, and learning at such 298.30 times and in such amounts as the commissioner deems necessary to 298.31 carry out the purposes of subdivisions 1 and 2. 298.32 (b) Of the money appropriated under paragraph (a): 298.33 (1) In each of fiscal years 1997, 1998, and 1999, not more 298.34 than $25,000, and in subsequent years not more than five 298.35 percent, shall be expended to defray the administrative costs of 298.36 carrying out the purposes of subdivisions 1 and 2. 299.1 (2) In each of fiscal years 1997, 1998, and 1999, not more 299.2 than 65 percent, and in subsequent years not more than 60 299.3 percent, shall be expended for the combined purpose of training 299.4 and coordinating the activities of motorcycle safety instructors 299.5 and making reimbursements to schools and other approved 299.6 organizations. 299.7 Sec. 25. [REPEALER.] 299.8 Minnesota Statutes 1996, sections 121.11, subdivisions 5, 299.9 7c, 7d, 12, and 14; 121.1115; 121.155; 121.166; 121.17; 121.203; 299.10 121.207; 121.585; 121.602; 121.608; 121.611; 121.615; 121.70; 299.11 121.701; 121.702; 121.703; 121.704; 121.705; 121.706; 121.707; 299.12 121.708; 121.709; 121.710; 121.831; 121.835; 121.8355; 121.85; 299.13 121.88; 121.882; 121.885; 121.904; 121.906; 121.908; 121.911; 299.14 121.912; 121.9121; 121.914; 121.915; 121.917; 121.935; are 299.15 repealed. 299.16 ARTICLE 5 299.17 CHAPTER 122 299.18 Section 1. Minnesota Statutes 1996, section 122.01, is 299.19 amended to read: 299.20 122.01 [DEFINITIONS.] 299.21 Subdivision 1. [DEFINITIONS.] For purposes of this 299.22 chapter, the words defined in section 120.02, have the same 299.23 meaning. 299.24 Subd. 2. [TEACHER.] For purposes of this chapter, "teacher" 299.25 means a teacher as defined in section 125.12, subdivision 1. 299.26 Sec. 2. Minnesota Statutes 1996, section 122.02, is 299.27 amended to read: 299.28 122.02 [CLASSES, NUMBER.] 299.29SchoolDistricts shall be classified as common, 299.30 independent, or special districts, each of which is a public 299.31 corporation. Each district shall be known by its classification 299.32 andeach shall beassigned a number by the commissioner so that 299.33 its title will be .......... school district number ..... . 299.34 Sec. 3. Minnesota Statutes 1996, section 122.03, is 299.35 amended to read: 299.36 122.03 [ASSIGNMENT OF IDENTIFICATION NUMBERS.] 300.1 Subdivision 1. [ASSIGNMENT.] The commissionerof children,300.2families, and learningshall, by order, assign an identification 300.3 number to each district. The assignment shall be made so that 300.4 each classified district has an exclusive identification number 300.5which is exclusive to it in its classification. 300.6 Subd. 2. [NOTIFICATION.] Upon making the assignment of an 300.7 identification number, the commissionerof children, families,300.8and learningshallforthwithnotify the clerk of the district 300.9 and the county auditors of the counties in which any part of the 300.10 district lies of the identification number assigned. A 300.11 certified copy of the order may be recorded in the office of the 300.12 county recorder to show the new legal name of the district. 300.13 Subd. 3. [LEGAL IDENTIFICATION.]From and after the making300.14of the order,The legal identification of the district shall 300.15 becomeand be as assignedthe assigned identification number. 300.16 All records, correspondence, reports and references to the 300.17 districtshallmust thereafter refer to the district by its 300.18 proper title as assigned. 300.19 Subd. 4. [USE OF NUMBERS.] A numberonceassigned to a 300.20 district under section 122.02 or under any prior law,shallmust 300.21 not be used again to identify any district in the same 300.22 classification. As the need arises, and as required by law, as 300.23 new districts are formed, the commissionerof children,300.24families, and learningshall assign unused numbers as 300.25 identification. When numbered districts are dissolved, the 300.26 numbers assigned to them will not be reassigned to any other 300.27 district. 300.28 Sec. 4. Minnesota Statutes 1996, section 122.21, is 300.29 amended to read: 300.30 122.21 [DETACHMENT AND ANNEXATION OF LAND.] 300.31 Subdivision 1. [DETACHMENT AND ANNEXATION.] The owner of 300.32 land which adjoins any independent district, and whose land is 300.33 not in a special district may petition the county board of the 300.34 county in which the greater part of the area proposed for 300.35 detachment and annexation lies to detach all or any part of the 300.36 land together with the intervening lands as defined 301.1 insubparagraphparagraph (b)below, from the district it now is 301.2 in, and to attach it, together with such intervening land, to 301.3 the adjoining district. For purpose of this section, land is 301.4 adjoining aschooldistrict if: 301.5 (a) The boundary of the area proposed for detachment and 301.6 annexation is the same as the district boundary to which 301.7 attachment is sought at any point, including corners, or 301.8 (b) The area proposed for detachment and annexation is 301.9 separated at any point from the district to which annexation is 301.10 sought by not more than one-half mile and the intervening land 301.11 is vacant and unoccupied or is owned by one or more of the 301.12 following: The United States, or the state of Minnesota or any 301.13 of its political subdivisions, or an owner who is unknown or 301.14 cannot be found or 301.15 (c) The area proposed by a land owner for detachment and 301.16 annexation is adjoining,(as defined insubparagraphs301.17 paragraphs (a) and (b)above), any land proposed for detachment 301.18 from and annexation to the same district in another pending 301.19 petition. 301.20 Subd. 2. [PETITION.] The petitionshallmust contain: 301.21 (a) A correct description of the area proposed for 301.22 detachment and annexation,together with suchincluding 301.23 supporting datawith regard toregarding location and title to 301.24 landas will establish facts conformable to subdivision 1to 301.25 establish that the land is adjoining a district. 301.26 (b) The reasons for the proposed change with facts showing 301.27 that the granting of the petition will not reduce the size of 301.28 any district to less than four sections, unless the district is 301.29 not operating a school within the district. 301.30 (c) Consent to the petition,endorsed thereon at any time301.31before the hearing by the board of the district from which the301.32area is to be removed,if, at the time of the filing of the 301.33 petition, any part of the area proposed for detachment is part 301.34 of a district which maintains and operates a secondary school 301.35 within the district. Before the hearing, the consent of the 301.36 board of the district in which the area proposed for detachment 302.1 lies must be endorsed on the petition. 302.2 (d) An identification of the district to which annexation 302.3 is sought. 302.4 (e)SuchOther informationasthe petitioners may desire to 302.5 affix. 302.6 (f) An acknowledgment by the petitioner. 302.7 Subd. 3. [FILING PETITION.] The petitionshallmust be 302.8 filed with the auditor who shall present it to the county board 302.9 at its next meeting. At the meeting, the county boardshall302.10 must fix a time and place for hearing the petition, which time. 302.11 The hearing shall be not more than 60 nor less than ten days 302.12 from the date of the meeting. The auditor shallforthwithserve 302.13 notice of the hearing on each district directly affected by the 302.14 petition, by mail addressed to the clerk. If any area affected 302.15 by the petition is in another county, the auditor shall mail a 302.16 notice of hearing to the auditor of such county and shall also 302.17 give one week's published notice of the hearing in the county 302.18whereinin which the hearing is to be held, and ten days' posted 302.19 notice in each school district affected. Such posted and 302.20 published notice may combine pending petitions. At the hearing 302.21 on the petition, the county boardshallmust receive and hear 302.22 any evidence for or against the petition. The hearing may be 302.23 adjourned from time to time. 302.24 Subd. 4. [ORDER.] Within six months of thetime when the302.25petition was filedfiling of the petition, the county board 302.26shallmust issue its order either granting or denying the 302.27 petition, unless all or part. If any of the land area 302.28 described in the petition is included in a plat for 302.29 consolidation or combination which has been approved by the 302.30 commissionerof children, families, and learning in which event, 302.31 then no order may be issued while consolidation or combination 302.32 proceedings are pending. No order shall be issued which results 302.33 in attaching to a district any territory not adjoining that 302.34 district, as defined in subdivision 1(a). No order shall be 302.35 issued which reduces the size of any district to less than four 302.36 sections unless the district is not operating a school within 303.1 the district. The order maybe made effective athave a 303.2 deferred effective date not later than July 1nextimmediately 303.3 following its issuance. If the petitionbeis granted, the 303.4 auditor shall transmit a certified copy to the commissioner. 303.5 Failure to issue an order within six months of the filing of the 303.6 petition or termination of proceedings upon an approved 303.7 consolidation plat, whichever is later, is a denial of the 303.8 petition. 303.9 Subd. 5. [MODIFICATION OF RECORDS.] Upon receipt of the 303.10 order, the commissioner shallforthwithmodify the records and 303.11 any plats and petitions and proceedings involving districts 303.12 affected by such order presently before the commissioner for 303.13 action or record, to conform to the order. 303.14 Subd. 6. [TAXABLE PROPERTY.] Upon the effective date of 303.15 the order, the detachment and annexationordered thereinis 303.16 effected. All taxable property in the area so detached and 303.17 annexed remains taxable for payment of any school purpose 303.18 obligationstheretofore authorized by or on that date303.19outstandingalready authorized by or outstanding on the 303.20 effective date of the order against the district from which 303.21 detached.Such property is not by virtue of the order303.22relievedThe order does not relieve such property from the 303.23 obligation of any bonded debttheretoforealready incurred to 303.24 which it was subject prior to the order. All taxable property 303.25 in the area so detached and annexed is taxable for payment of 303.26 anyschooldistrict obligations authorized on or subsequent to 303.27 the effective date of the order by the district to which 303.28 annexation is made. 303.29 Sec. 5. Minnesota Statutes 1996, section 122.22, is 303.30 amended to read: 303.31 122.22 [DISSOLUTION AND ATTACHMENT.] 303.32 Subdivision 1. [DISSOLUTION.] Any district may be 303.33 dissolved and the territorybeattached to other districts by 303.34 proceeding in accordance with this section. 303.35 Subd. 2. [PROCEEDINGS.] Proceedings under this section may 303.36 be instituted by: 304.1 (a) Resolution of the county board of the county containing 304.2 the greatest land area of the district proposed for dissolution 304.3 when the district is dissolved pursuant to sections 122.32 to 304.4 122.52. 304.5 (b) Petition executed by a majority of the eligible voters 304.6 of the district proposed for dissolution and addressed to the 304.7 county board of the county containing the greatest land area of 304.8 the district. 304.9 (c) Certification by the clerk of the district proposed for 304.10 dissolution to the county board of the county containing the 304.11 greatest land area of the district to the effect that a majority 304.12 of votes cast at an election were in favor of dissolving the 304.13 district. 304.14 Subd. 3. [RESOLUTION.] A resolution adopted pursuant to 304.15 subdivision 2(a) shall contain findings of necessary 304.16 jurisdictional facts and shall set a date for hearing. The 304.17 hearing shall be not less than 20 nor more than 60 days from the 304.18 date of the resolution. 304.19 Subd. 4. [PETITION.] A petition executed pursuant to 304.20 subdivision 2(b) shall be filed with the auditor.It shallThe 304.21 petition must contain the following: 304.22 (a) A statement that petitioners desire proceedings 304.23 instituted leading to dissolution of the district and other 304.24 provisions made for the education of the inhabitants of the 304.25 territory and that petitioners are eligible voters of the 304.26 district; 304.27 (b) An identification of the district; and 304.28 (c) The reasons supporting the petition which may include 304.29 recommendations as to disposition of territory to be dissolved. 304.30 The recommendations are advisory in nature only and are not 304.31 binding on any petitioners or county board for any purpose. 304.32 The persons circulating the petition shall attach their 304.33 affidavit swearing or affirming that the persons executing the 304.34 petition are eligible voters, as defined in section 201.014, of 304.35 the district and that they signed in the presence of one of the 304.36 circulators. 305.1 The auditor shall present the petition to the county board 305.2 at its next meeting. At that meeting, the county boardshall305.3 must determine a date for a hearing. The hearing shall be not 305.4 less than 20 nor more than 60 days from the date of that meeting. 305.5 Subd. 5. [CERTIFICATION.] Certification executed pursuant 305.6 to subdivision 2(c)shallmust be filed with the auditor.It305.7shallThe certification must contain the following: 305.8 (a) A copy of the resolution initiating the election; 305.9 (b) A copy of the notice of election with an affidavit of 305.10 publication or posting; 305.11 (c) The question voted on; 305.12 (d) The results of the election by number of votes cast for 305.13 and number against the question; and 305.14 (e) If an advisory ballot is taken on annexation, the 305.15 question voted on and number of ballots cast for and against the 305.16 proposal. 305.17 The auditor shall present the certification to the county 305.18 board at its next meeting. At that meeting, the county board 305.19shallmust determine a date for a hearing. The hearing shall be 305.20 not less than 20 nor more than 60 days from the date of that 305.21 meeting. 305.22 Subd. 6. [HEARING.] When a hearing is ordered under this 305.23 section, the auditor shallhavegive ten days' posted notice of 305.24 the hearing in the district proposed for dissolution, one week's 305.25 published notice in the county, and ten days' mailed notice to 305.26 the clerk of the district proposed for dissolution and to the 305.27 clerk of each adjoining district and to the commissioner. 305.28 Ifall orany part of the district proposed for dissolution or 305.29 any adjoining district lies in another county, the auditor shall 305.30forthwith upon establishment of the hearing date,mail notice of 305.31 the hearing to the auditor of each county so situated upon 305.32 establishment of the hearing date. 305.33 Subd. 7. [CONSOLIDATION PROCEEDING.] No order dissolving a 305.34 district may be issued by the county board if the district to be 305.35 dissolved is included in a plat for consolidation which has been 305.36 approved by the state board of education and upon which plat 306.1 final action has not been taken unless all of the district to be 306.2 dissolved and all of the district or districts to which 306.3 attachment is proposed are included in the approved plat. 306.4 Subd. 7a. [INFORMATION TO COUNTY AUDITOR.] (a) Before the 306.5 day of a hearing ordered pursuant to this section, each district 306.6 adjoining the district proposed for dissolutionshallmust 306.7 provide the following information and resolution to the county 306.8 auditor of the county containing the greatest land area of the 306.9 district proposed for dissolution: 306.10 (1) The outstanding bonded debt, outstanding energy loans 306.11 made according to section 216C.37 or sections 298.292 to 306.12 298.298, and the capital loan obligation of the district; 306.13 (2) The net tax capacity of the district; 306.14 (3) The most current school tax rates for the district, 306.15 including any referendum, discretionary, or other optional 306.16 levies being assessed currently and the expected duration of the 306.17 levies; 306.18 (4) A resolution passed by the school board of the district 306.19 stating that if taxable property of the dissolved district is 306.20 attached to it, one of the following requirements is imposed: 306.21 (i) the taxable property of the dissolving district which 306.22 is attached to its district shall not be liable for the bonded 306.23 debt, outstanding energy loans made according to section 216C.37 306.24 or sections 298.292 to 298.298, or the capital loan obligation 306.25 of the district which existed as of the time of the attachment; 306.26 (ii) the taxable property of the dissolving district which 306.27 is attached to its district shall be liable for the payment of 306.28 the bonded debt, outstanding energy loans made according to 306.29 section 216C.37 or sections 298.292 to 298.298, or the capital 306.30 loan obligation of the district which existed as of the time of 306.31 the attachment in the proportion which the net tax capacity of 306.32 that part of the dissolving district which is included in the 306.33 newly enlarged district bears to the net tax capacity of the 306.34 entire district as of the time of attachment; or 306.35 (iii) the taxable property of the dissolving district which 306.36 is attached to its district shall be liable for some specified 307.1 portion of the amount that could be requested pursuant to 307.2 subclause (ii). 307.3 (b) An apportionment pursuant to paragraph (a), clause (4), 307.4 subclause (ii) or (iii), shall be made by the county auditor of 307.5 the county containing the greatest land area of the district 307.6 proposed for transfer. 307.7 (c) An apportionment of bonded indebtedness, outstanding 307.8 energy loans made according to section 216C.37 or sections 307.9 298.292 to 298.298, or capital loan obligation pursuant to 307.10 paragraph (a), clause (4), subclause (ii) or (iii), shall not 307.11 relieve any property from any tax liability for payment of any 307.12 bonded or capital obligation, but taxable property in a district 307.13 enlarged pursuant to this section becomes primarily liable for 307.14 the payment of the bonded debt, outstanding energy loans made 307.15 according to section 216C.37 or sections 298.292 to 298.298, or 307.16 capital loan obligation to the extent of the proportion stated. 307.17 Subd. 8. [ORDER.] Within 90 days of the date set for the 307.18 original hearing or within 30 days of the termination of a 307.19 consolidation proceeding which stays the order under subdivision 307.20 7, the county board may issue its order: 307.21 (a) Dismissing the proceedings; or 307.22 (b) Providing for the dissolution of the district and the 307.23 annexation of the territory to adjoining districts, or the 307.24 entire district as a unit may be attached to and become part of 307.25 a district which maintains a secondary school located within the 307.26 same high school area if there is no intervening district 307.27 maintaining a secondary school. 307.28 If no order is issued within the limited time, the 307.29 proceedings are dismissed. 307.30 If an order is issued pursuant to clause (b) the order is a 307.31 final order, unless an election on the order is required 307.32 pursuant to subdivision 11. 307.33 Subd. 9. [ORDER FOR DISSOLUTION.] (a) An order issued 307.34 under subdivision 8, clause (b),shallmust contain the 307.35 following: 307.36 (1) A statement that the district is dissolved unless the 308.1 results of an election held pursuant to subdivision 11 provide 308.2 otherwise; 308.3 (2) A description by words or plat or both showing the 308.4 disposition of territory in the district to be dissolved; 308.5 (3) The outstanding bonded debt, outstanding energy loans 308.6 made according to section 216C.37 or sections 298.292 to 308.7 298.298, and the capital loan obligation of the district to be 308.8 dissolved; 308.9 (4) A statement requiring the fulfillment of the 308.10 requirements imposed by each adjoining district to which 308.11 territory in the dissolving district is to be attached regarding 308.12 the assumption of its outstanding preexisting bonded 308.13 indebtedness by any territory from the dissolving district which 308.14 is attached to it; 308.15 (5) An effective date for the order. The effective date 308.16 shall be July 1 of an odd-numbered year unless the school board 308.17 and the exclusive representative of the teachers in each 308.18 affected district agree to an effective date of July 1 of an 308.19 even-numbered year. The agreement must be in writing and 308.20 submitted to the commissionerof children, families, and308.21learning; and 308.22 (6) Other information the county board may desire to 308.23 include. 308.24 (b) The auditor shall within ten days from its issuance 308.25 serve a copy of the order by mail upon the clerk of the district 308.26 to be dissolved and upon the clerk of each district to which the 308.27 order attaches any territory of the district to be dissolved and 308.28 upon the auditor of each other county in whichall orany part 308.29 of the district to be dissolved or any district to which the 308.30 order attaches territory lies, and upon the commissioner. 308.31 Subd. 11. [APPROVAL OR ORDER.] If the proceedings were 308.32 instituted by petition, under subdivision 2(b), or by election, 308.33 under subdivision 2(c) and an advisory recommendation was made 308.34 in the petition or an advisory ballot taken at the election, as 308.35 to annexation requested, and if the order makes a different 308.36 provision for annexation than requested, then the order must be 309.1 approved by a majority of those voting on the question at an 309.2 election to be called in the district to be dissolved, under 309.3 subdivision 13. The question voted on shall be: 309.4 "Shall the order of the county board of ..... county, dated 309.5 ..... providing for the dissolution of this school district be 309.6 approved?" Yes ..... No ..... 309.7 Subd. 13. [ELECTION DATE.] If an election is required 309.8 under subdivision 11, then before the expiration of a 45 day 309.9 period after the date of the order for dissolution and 309.10 attachment, the auditor shall set a date and call the election 309.11 by filing a written orderthereforfor the election and serving 309.12 a copythereofof the order personally or by mail on the clerk 309.13 of the district in which the election is to be held. The date 309.14 shall be not less than 15 nor more than 30 days after the date 309.15 of the order, upon which date a special election shall be held 309.16 in the district proposed for dissolution. The auditor 309.17 shallcausepost and publish notice of the electionto be posted309.18and publishedaccording to law. Upon receipt of the notice, the 309.19 board shall conduct the election. 309.20 Subd. 14. [ELECTION RESULTS.] The board must certify the 309.21 results of the electionshall be certified by the boardto the 309.22 auditor. If a majority of all votes cast on the question at the 309.23 election approve the order, the order becomes final and 309.24 effective as of the date specified in the order. Each person 309.25 served with the order shall be so notified. If a majority of 309.26 all votes cast on the question disapprove the order, the 309.27 proceedings are dismissed, and the order becomes void. 309.28 Subd. 18. [BONDED DEBT.] The bonded debt of a district 309.29 dissolved under provisions of this sectionshallmust be paid 309.30 according to levies madethereforfor that debt under provision 309.31 of chapter 475. The obligation of the taxable property in the 309.32 dissolved district with reference to the payment of such bonded 309.33 debt is not affected by this section. 309.34 Subd. 20. [CURRENT ASSETS AND LIABILITIES.] If the 309.35 dissolved district is not divided by the order of dissolution 309.36 and attachment, all of its current assets and liabilities, real 310.1 and personal, and all its legally valid and enforceable claims 310.2 and contract obligationsshallmust pass to the district to 310.3 which it is attached, except as provided in section 122.532. If 310.4 the district to be dissolved is divided by the order of 310.5 dissolution and attachment, the commissioner shall, within 30 310.6 days after the order is issued, issue an order for the 310.7 distribution of its current assets and liabilities, real and 310.8 personal. If the commissioner's order provides for the transfer 310.9 of an interest in real estate to a district, this order may also 310.10 impose a dollar amount as a claim against that district in favor 310.11 of other districts, and this claim shall be paid and enforced in 310.12 the manner provided by law for the payment of judgments against 310.13 a district. The obligations of districts to the teachers 310.14 employed by the dissolved district shall be governed by the 310.15 provisions of section 122.532. 310.16 Subd. 21. [LEVIES.] (a) In the year prior to the effective 310.17 date of the dissolution of a district, theschoolboard of a 310.18 district to which all of the dissolving district is to be 310.19 attached may adopt a resolution directing theschoolboard of 310.20 the dissolving district to certify levies for general education, 310.21 basic transportation, and capital expenditure equipment and 310.22 facilities in an amount not to exceed the maximum amount 310.23 authorized for the dissolving district for taxes payable in the 310.24 year the dissolution is effective. If the dissolving district 310.25 is to be attached to more than oneschooldistrict, the boards 310.26 of the districts to which the dissolving district is to be 310.27 attached may adopt a joint resolution that accomplishes the 310.28 purpose in this paragraph. 310.29 (b) Notwithstanding any other law to the contrary, upon 310.30 receipt of a resolution under paragraph (a), the board of the 310.31 dissolving district must certify levies in the amounts specified 310.32 in the resolution for taxes payable in the year the dissolution 310.33 is effective. 310.34 Sec. 6. Minnesota Statutes 1996, section 122.23, is 310.35 amended to read: 310.36 122.23 [CONSOLIDATION.] 311.1 Subdivision 1. [CONSOLIDATION.] Common or independent 311.2 districts or parts thereof, or any combination of the foregoing 311.3 may consolidate into a single independent district by 311.4 proceedings taken in accordance with this section. The proposed 311.5 new district must contain at least 18 sections of land. 311.6 Subd. 2. [RESOLUTION.] (a) Upon a resolution of aschool311.7 board in the area proposed for consolidation or upon receipt of 311.8 a petition therefor executed by 25 percent of the voters 311.9 resident in the area proposed for consolidation or by 50 such 311.10 voters, whichever islesserless, the county auditor of the 311.11 county which contains the greatest land area of the proposed new 311.12 district shallforthwith cause a plat to be preparedprepare a 311.13 plat. The resolution or petitionshallmust show the 311.14 approximate area proposed for consolidation. 311.15 (b) The resolution or petition may propose the following: 311.16 (1) that the bonded debt of the component districts will be 311.17 paid according to the levies previously made for that debt under 311.18 chapter 475, or that the taxable property in the newly created 311.19 district will be taxable for the payment of all or a portion of 311.20 the bonded debt previously incurred by any component district as 311.21 provided in subdivision 16; 311.22 (2) that obligations for a capital loan or an energy loan 311.23 made according to section 216C.37 or sections 298.292 to 298.298 311.24 outstanding in a preexisting district as of the effective date 311.25 of consolidation remain solely with the preexisting district 311.26 that obtained the loan, or that all or a portion of the loan 311.27 obligations will be assumed by the newly created or enlarged 311.28 district and paid by the newly created or enlarged district on 311.29 behalf of the preexisting district that obtained the loan; 311.30 (3) that referendum levies previously approved by voters of 311.31 the component districts pursuant to section 124A.03, subdivision 311.32 2, or its predecessor provision, be combined as provided in 311.33 section 122.531, subdivision 2a or 2b, or that the referendum 311.34 levies be discontinued; 311.35 (4) that the board of the newly created district consist of 311.36 the number of members determined by the component districts, 312.1 which may be six or seven members elected according to 312.2 subdivision 18, or any number of existing school board members 312.3 of the component districts, and a method to gradually reduce the 312.4 membership to six or seven; or 312.5 (5) that separate election districts from whichschool312.6 board members will be elected, the boundaries of these election 312.7 districts, and the initial term of the member elected from each 312.8 of these election districts be established. 312.9 The resolution must provide for election of board members 312.10 from one of the following options: single-member districts; 312.11 multimember districts; at large; or a combination of these 312.12 options. The resolution must include a plan for the orderly 312.13 transition to the option chosen. 312.14 A group of districts that operates a cooperative secondary 312.15 facility funded under section 124.494 may also propose a 312.16 temporaryschoolboard structure as specified in section 312.17 124.494, subdivision 7. 312.18 If a county auditor receives more than one request for a 312.19 plat and the requests involve parts of identical districts, the 312.20 auditor shallforthwithprepare a plat which in the auditor's 312.21 opinion best serves the educational interests of the inhabitants 312.22 of the districts or areas affected. 312.23 (c) The platshallmust show: 312.24 (1) Boundaries of the proposed district, as determined by 312.25 the county auditor, and present district boundaries, 312.26 (2) The location of school buildings in the area proposed 312.27 as a new district and the location of school buildings in 312.28 adjoining districts, 312.29 (3) The boundaries of any proposed separate election 312.30 districts, and 312.31 (4) Other pertinent information as determined by the county 312.32 auditor. 312.33 Subd. 2a. [COUNTY AUDITOR.] The county auditor of the 312.34 county containing the greatest land area of the area proposed to 312.35 be consolidated shall perform the duties provided by this 312.36 section. 313.1 Subd. 2b. [ORDERLY REDUCTION PLAN.] As part of the 313.2 resolution required by subdivision 2, theschoolboard must 313.3 prepare a plan for the orderly reduction of the membership of 313.4 the board to six or seven members and a plan for the 313.5 establishment or dissolution of election districts. The plan 313.6 must be submitted to the secretary of state for review and 313.7 comment. 313.8 Subd. 3. [SUPPORTING STATEMENT.] The county auditor shall 313.9 prepare a supporting statement to accompany the platshall be313.10prepared by the county auditor. The statementshallmust 313.11 contain: 313.12 (a) The adjusted net tax capacity of property in the 313.13 proposed district, 313.14 (b) If a part of any district is included in the proposed 313.15 new district, the adjusted net tax capacity of the property and 313.16 the approximate number of pupils residing in the part of the 313.17 district included shall be shown separately and the adjusted net 313.18 tax capacity of the property and the approximate number of 313.19 pupils residing in the part of the district not included shall 313.20 also be shown, 313.21 (c) The reasons for the proposed consolidation, including a 313.22 statement that at the time the plat is submitted to the state 313.23 board of education, no proceedings are pending to dissolve any 313.24 district involved in the plat unless all of the district to be 313.25 dissolved and all of each district to which attachment is 313.26 proposed is included in the plat, 313.27 (d) A statement showing that the jurisdictional fact 313.28 requirements of subdivision 1 are met by the proposal, 313.29 (e) Any proposal contained in the resolution or petition 313.30 regarding the disposition of the bonded debt, outstanding energy 313.31 loans made according to section 216C.37 or sections 298.292 to 313.32 298.298, capital loan obligations, or referendum levies of 313.33 component districts, 313.34 (f) Any other information the county auditor desires to 313.35 include, and 313.36 (g) The signature of the county auditor. 314.1 Subd. 4. [PLAT SUBMISSION.] The county auditor shall 314.2 submit the plat and supporting statement to the commissioner and 314.3 a true copy of each to the auditor of each county containing any 314.4 land area of the proposed new district. 314.5 Subd. 5. [COUNTY BOARD.] Upon receipt of a plat and the 314.6 supporting statement, each county's auditor shall immediately 314.7 notify the county's board. After such notification, and during 314.8 the pendency of proceedings under the plat and supporting 314.9 statement or for a period of six months, whichever is shorter, 314.10 no action may be taken by the county board under any other law 314.11 to modify the boundary of any district if any part of the 314.12 district is included in an area proposed for consolidation. 314.13 Subd. 6. [COMMISSIONER.] The commissioner shall, upon 314.14 receipt of a plat,forthwithexamine it and approve, modify or 314.15 reject it. The commissioner shall also approve or reject any 314.16 proposal contained in the resolution or petition regarding the 314.17 disposition of the bonded debt of the component districts. If 314.18 the plat shows the boundaries of proposed separate election 314.19 districts and if the commissioner modifies the plat, the 314.20 commissioner shall also modify the boundaries of the proposed 314.21 separate election districts. The commissioner shall conduct a 314.22 hearing at the nearest county seat in the area upon reasonable 314.23 notice to the affected districts and county boards if requested 314.24 within 20 days after submission of the plat.Such a hearing may314.25be requested byThe board of any affected district, a county 314.26 board of commissioners, or the petition of 20 resident voters 314.27 living within the area proposed for consolidation may request 314.28 such a hearing. The commissioner shall endorse on the plat 314.29 action regarding any proposal for the disposition of the bonded 314.30 debt of component districts and the reasons for these actions 314.31and. Within 60 days of the date of the receipt of the plat, the 314.32 commissioner shall return it to the county auditor who submitted 314.33 it. The commissioner shall furnish a copy of that plat, and the 314.34 supporting statement and its endorsement to the auditor of each 314.35 county containing any land area of the proposed new district. 314.36 If land area of a particular county was included in the plat, as 315.1 submitted by the county auditor, and all of such land area is 315.2 excluded in the plat as modified and approved, the commissioner 315.3 shall also furnish a copy of the modified plat, supporting 315.4 statement, and any endorsement to the auditor of such county. 315.5 Subd. 7. [NOTICE TO BOARD.] Upon receipt of an approved 315.6 plat, the county auditor shallforthwithnotify the board of any 315.7 district, all or part of whose land is included in the proposed 315.8 new district. 315.9 Subd. 8. [BOARD ADOPTION.] The board of any independent 315.10 district maintaining a secondary school, the board of any common 315.11 district maintaining a secondary school, all or part of whose 315.12 land is included in the proposed new district,shallmust, 315.13 within 45 days of the approval of the plat by the commissioner, 315.14 either adopt or reject the plan as proposed in the approved 315.15 plat. If the board of any such district entitled to act on the 315.16 petition rejects the proposal, the proceedings are terminated 315.17 and dismissed. If any board fails to act on the plat within the 315.18 time allowed, the proceedings are terminated. 315.19 Subd. 9. [MULTIPLE DISTRICTS; APPROVAL.] If the approved 315.20 plat contains land area in more than one independent district 315.21 maintaining a secondary school, or common district maintaining a 315.22 secondary school, and if each board entitled to act on the plat 315.23 approves the plat, each board shallcausepublish notice of its 315.24 actionto be publishedat least once in its official newspaper. 315.25 If all of theschoolboards entitled to act on the plat call, by 315.26 resolution, for an election on the question, or if five percent 315.27 of the eligible voters of any such district petition the clerk 315.28 of the district, within 30 days after the publication of the 315.29 notice, for an election on the question, the consolidation shall 315.30 not become effective until approved by a majority vote in the 315.31 district at an election held in the manner provided in 315.32 subdivisions 11, 12, and 13. 315.33 Subd. 10. [APPROVAL BY RESIDENTS.] If an approved plat 315.34 contains land area in any district not entitled to act on 315.35 approval or rejection of the plat by action of its board, the 315.36 plat may be approved by the residents of the land area within 60 316.1 days of approval of plat by the commissioner in the following 316.2 manner: 316.3 A petition calling upon the county auditor to call and 316.4 conduct an election on the question of adoption or rejection of 316.5 the plat may be circulated in the land area by any person 316.6 residing in the area. Upon the filing of the petition with the 316.7 county auditor, executed by at least 25 percent of the eligible 316.8 voters in each district or part of a district contained in the 316.9 land area, the county auditor shallforthwithcall and conduct a 316.10 special election of the electors resident in the whole land area 316.11 on the question of adoption of the plat. For the purposes of 316.12 this section, the term "electors resident in the whole land area" 316.13 means any person residing on any remaining portion of land, a 316.14 part of which is included in the consolidation plat. Any 316.15 eligible voter owning land included in the plat who lives upon 316.16 land adjacent or contiguous to that part of the voter's land 316.17 included in the plat shall be included and counted in computing 316.18 the 25 percent of the eligible voters necessary to sign the 316.19 petition and shall also be qualified to sign the petition. 316.20 Failure to file the petition within 60 days of approval of the 316.21 plat by the commissioner terminates the proceedings. 316.22 Subd. 11. [NOTICE OF ELECTION.] Upon an election becoming 316.23 callable under provisions of subdivision 9 or 10, theschool316.24 board shall give ten days' posted notice of election in the area 316.25 in which the election is to be held and also ifthere bea 316.26 newspaper is published in the area, one weeks' published notice 316.27 shall be given. The noticeshallmust specify the time, place 316.28 and purpose of the election. 316.29 Subd. 12. [ELECTION.] Theschoolboard shall determine the 316.30 date of the election, the number of boundaries of voting 316.31 precincts, and the location of the polling places where voting 316.32 shall be conducted, and the hours the polls will be open. 316.33 Theschoolboard shall also provide official ballots whichshall316.34 must be used exclusively and shall be in the following form: 316.35 For consolidation .... 316.36 Against consolidation .... 317.1 Theschoolboardshallmust appoint election judges who 317.2 shall act as clerks of election. The ballots and resultsshall317.3 must be certified to theschoolboard who shall canvass and 317.4 tabulate the total vote cast for and against the proposal. 317.5 Subd. 13. [EFFECTIVE DATE.] If a majority of the votes 317.6 cast on the question at the election approve the consolidation, 317.7 and if the necessary approving resolutions of boards entitled to 317.8 act on the plat have been adopted, theschoolboardshallmust, 317.9 within ten days of the election, notify the county auditor who 317.10 shall, within ten days of the notice or of the expiration of the 317.11 period during which an election can be called, issue an order 317.12 setting a date for the effective date of the change. The 317.13 effective dateshallmust be July 1 of the year determined by 317.14 theschoolboard in the original resolution adopted under 317.15 subdivision 2. The auditor shall mail or deliver a copy of such 317.16 order to each auditor holding a copy of the plat and to the 317.17 clerk of each district affected by the order and to the 317.18 commissioner. Theschoolboardshallmust similarly notify the 317.19 county auditor if the election fails. The proceedings are then 317.20 terminated and the county auditor shall so notify the 317.21 commissioner and the auditors and the clerk of eachschool317.22 district affected. 317.23 Subd. 14. [IDENTIFICATION NUMBER.] Upon receipt of the 317.24 order creating a new district, the commissioner shallforthwith, 317.25 by order, assign an identification number to the new district 317.26 and shall mail a copy of the order to the county auditor and to 317.27 each auditor who holds a copy of the plat. If all of the 317.28 territory in one and only one independent district maintaining a 317.29 secondary school is included in the new independent district 317.30 created pursuant to consolidation, and if the commissioner finds 317.31 that it is more practical and reasonable and in the interest of 317.32 efficiency and economy of operation to so do, the commissioner 317.33 may assign to the new district the same number as previously 317.34 held by the included independent district. 317.35 Subd. 15. [ASSETS AND LIABILITIES.] If no district is 317.36 divided by virtue of the proceedings, all of the assets, real 318.1 and personal, of the districts involved and all legally valid 318.2 and enforceable claims and contract obligations of the districts 318.3 pass to the new district, except as provided in section 318.4 122.532. If a district is divided by virtue of the proceedings, 318.5 upon receipt of the order of the commissioner, the auditor of 318.6 the county containing the greatest land area of the new district 318.7 shall present a copy of the plat and supporting statement and 318.8 orders issued in the proceedings to the commissioner, together 318.9 with such information as is available to that auditor concerning 318.10 the assets and liabilities not secured by bonds of each 318.11 district, any part of which is included in the newly created 318.12 district. Thereafter within 30 days the commissioner shall 318.13 issue an order providing for a division of the assets and 318.14 liabilities of the districts involved and apportioning and 318.15 dividing these assets and liabilities according to such terms as 318.16 the commissioner may deem just and equitable. In making this 318.17 division of assets and liabilities, the commissioner may 318.18 consider the amount of bonded debt to be assumed by property in 318.19 each area under the provisions of this section. If the order of 318.20 consolidation transfers any real estate interest to the new 318.21 district or to another district, the order apportioning assets 318.22 and liabilities may impose a dollar claim on the district 318.23 receiving the real estate in favor of any other district 318.24 involved in an amount not exceeding the reasonable value of the 318.25 real estate interest involved, which claim shall be paid in the 318.26 manner provided by law for the enforcement of judgments. 318.27 Subd. 16. [BONDED DEBT.] As of the effective date of the 318.28 consolidation, the bonded debt of all component districtsshall318.29 must be paid according to the plan for consolidation proposed in 318.30 the approved plat and according to this subdivision. 318.31 (a) If the plan for consolidation so provides, the bonded 318.32 debt of all component districtsshallmust be paid according to 318.33 levies previously made for that debt under chapter 475. In this 318.34 case, the obligation of the taxable property in the component 318.35 districts with reference to the payment of such bonded debt is 318.36 not affected by the consolidation. 319.1 (b) If the plan for consolidation makes no provision for 319.2 the disposition of bonded debt, all the taxable property in the 319.3 newly created district is taxable for the payment of any bonded 319.4 debt incurred by any component district in the proportion which 319.5 the net tax capacity of that part of a preexisting district 319.6 which is included in the newly created district bears to the net 319.7 tax capacity of the entire preexisting district as of the time 319.8 of the consolidation. 319.9 (c) If the plan for consolidation so provides, all the 319.10 taxable property in the newly created district will be taxable 319.11 for a portion of the bonded debt incurred by any component 319.12 district prior to the consolidation. 319.13 The county auditor shall make the apportionment required 319.14 under paragraphs (b) and (c)shall be made by the county auditor319.15and shall be incorporatedand incorporate the apportionment as 319.16 an annex to the order of the commissioner dividing the assets 319.17 and liabilities of the component parts. This subdivision shall 319.18 not relieve any property from any tax liability for payment of 319.19 any bonded obligation but taxable property in the newly created 319.20 district becomes primarily liable for the payment of bonded 319.21 debts to the extent of the proportion stated. 319.22 Subd. 16c. [BONDS; ELECTION.] The board of the newly 319.23 created district, when constituted as provided in subdivision 319.24 17, may provide for an election of that district on the issuance 319.25 of bonds. It may issue and sell bonds authorized at the 319.26 election, or bonds authorized at an election previously held in 319.27 any preexisting district wholly included within the newly 319.28 created district, or bonds for a purpose for which an election 319.29 is not required by law. The actions may be taken at any time 319.30 after the date of the county auditor's order issued under 319.31 subdivision 13, and before or after the date upon which the 319.32 consolidation becomes effective for other purposes, and taxes 319.33 for the payment of the bonds shall be levied upon all taxable 319.34 property in the newly created district. No bonds shall be 319.35 delivered to purchasers until 30 days after the date of the 319.36 county auditor's order. If within this period a notice of 320.1 appeal from the county auditor's order to the district court is 320.2 filed in accordance with section 127.25, no bonds shall be 320.3 delivered by the newly created district to purchasers unless: 320.4 (1) the county auditor's order is affirmed by final order 320.5 of the district court in the special proceeding, and a period of 320.6 30 days from the service of the final order expires without an 320.7 appeal being commenced; or,320.8 (2) if an appeal is taken, the order is affirmed and the 320.9 time for petitioning for further review has expired; except320.10that. Notwithstanding the pendency of the appeal, if all of the 320.11 territory of one and only one independent district maintaining a 320.12 secondary school is included in the newly created district, and 320.13 if the net tax capacity of taxable property in the territory 320.14 comprises 90 percent or more of the net tax capacity of all 320.15 taxable property in the newly created district, then the board 320.16 may issue, sell, and deliver any bonds voted by the preexisting 320.17 independent district and any bonds voted or otherwise authorized 320.18 by the newly created district,notwithstanding the pendency of320.19the appeal,and the bondsshallmust be paid by the levy of 320.20 taxes upon the property within the territory of the preexisting 320.21 independent district and within the other areas, if any, that 320.22 are finally determined to be properly included within the newly 320.23 created district. In any election held in the newly created 320.24 district as authorized in the preceding sentence, all qualified 320.25 electors residing within the area of that district as defined in 320.26 the county auditor's order shall be entitled to vote, but the 320.27 votes cast by residents of former districts or portions of 320.28 former districts included in the area, other than the 320.29 independent district maintaining the secondary school, shall be 320.30 received and counted separately. The bondsshallmust not be 320.31 issued and sold unless authorized by a majority of the votes 320.32 cast thereon by electors of the independent district maintaining 320.33 the secondary school, and also by a majority of the votes cast 320.34 thereon by electors residing within the entire area of the newly 320.35 created district. 320.36 Subd. 18. [BOARD ELECTION; DUTIES.] (a) The county auditor 321.1 shall determine a date, not less than 30 nor more than 60 days 321.2 from the date that the order setting the effective date of the 321.3 consolidation according to subdivision 13 was issued,upon which321.4date shall be heldto hold a special election in the district 321.5 for the purpose of electing a board of six members for terms of 321.6 four years and until a successor is elected and qualifies 321.7 according to provisions of law governing the election of board 321.8 members in independent districts. Notwithstanding the 321.9 foregoing, three members of the first board must be elected to 321.10 terms that expire on the first Monday in January following the 321.11 first regularly scheduled school district general election that 321.12 occurs more than six months after the election of the first 321.13 board and three members must be elected to terms that expire on 321.14 the first Monday in January following the second school district 321.15 general election that occurs more than six months after the 321.16 election of the first board. If the first board consists of 321.17 seven members, then four members may be elected at either the 321.18 first or second regularly scheduled school district general 321.19 election following the election of the first board. If the 321.20 resolution or petition for consolidation pursuant to subdivision 321.21 2 proposed the establishment of separate election districts, 321.22 these members shall be elected from separate election districts 321.23 according to the provisions of that resolution or petition and 321.24 of chapter 205A. 321.25 (b) The county auditor shall give ten days' posted notice 321.26 of election in the area in which the election is to be held and 321.27 also ifthere bea newspaper is published in the proposed new 321.28 district, one weeks' published notice shall be given. The 321.29 noticeshallmust specify the time, place, and purpose of the 321.30 election. 321.31 (c) Any person desiring to be a candidate for a school 321.32 election shall file an application with the county auditor to 321.33 have the applicant's name placed on the ballot for such office, 321.34 specifying the term for which the application is made. The 321.35 applicationshallmust be filed not less than 21 days before the 321.36 election. 322.1 (d) The county auditor shall prepare, at the expense of the 322.2 county, necessary ballots for the election of officers, placing 322.3 thereon the names of the proposed candidates for each office. 322.4 The ballotsshallmust be marked and signed as official ballots 322.5 and shall be used exclusively at the election. The county 322.6 auditor shall determine the number of voting precincts and the 322.7 boundaries of each. The county auditor shall determine the 322.8 location of polling places and the hours the polls shall be open 322.9 and shall appoint three election judges for each polling place 322.10 who shall act as clerks of election. Election judges shall 322.11 certify ballots and results to the county auditor for tabulation 322.12 and canvass. 322.13 (e) After making a canvass and tabulation, the county 322.14 auditor shall issue a certificate of election to the candidate 322.15 for each office who received the largest number of votes cast 322.16 for the office. The county auditor shall deliver such 322.17 certificate to the person entitledtheretoto a certificate by 322.18 certified mail, and each person so certified shall file an 322.19 acceptance and oath of office with the county auditor within 30 322.20 days of the date of mailing of the certificate. A person who 322.21 fails to qualify prior to the time specified shall be deemed to 322.22 have refused to serve, but such filing may be made at any time 322.23 before action to fill vacancy has been taken. 322.24 (f) The board of each district included in the new enlarged 322.25 district shall continue to maintainschoolthe schools therein 322.26 until the effective date of the consolidation. Such boards 322.27 shall have power and authority only to make such contracts, to 322.28 do such things as are necessary tomaintainproperly maintain 322.29 the schools for the period prior to that date, and to certify to 322.30 the county auditor according to levy limitations applicable to 322.31 the component districts the taxes collectible in the calendar 322.32 year when the consolidation becomes effective. 322.33 (g)It shall be the immediate duty ofThe newly elected 322.34 board of thenewenlarged district has the immediate duty,when322.35 after the membersthereofhave qualified and the board has been 322.36 organized, to plan for the maintenance of the school or schools 323.1 of the new district for the next school year, to enter into the 323.2 necessary negotiations and contracts for the employment of 323.3 personnel, purchase of equipment and supplies, and other 323.4 acquisition and betterment purposes, when authorized by the 323.5 voters to issue bonds under the provisions of chapter 475; and. 323.6 On the effective date of the consolidationto, the newly elected 323.7 board must assume the full duties of the care, management and 323.8 control of the new enlarged district. The board of the new 323.9 enlarged districtshallmust give due consideration to the 323.10 feasibility of maintaining such existing attendance centers and 323.11 of establishing such other attendance centers, especially in 323.12 rural areas, as will afford equitable and efficient school 323.13 administration and assure the convenience and welfare of the 323.14 pupils residing in the enlarged district. The obligations of 323.15 the new board to teachers employed by component districts shall 323.16 be governed by the provisions of section 122.532. The 323.17 obligations of the new board to nonlicensed employees employed 323.18 by component districts is governed by subdivision 18a. 323.19 Subd. 18a. [NONLICENSED EMPLOYEES.] (a) As of the 323.20 effective date of a consolidation of two or more districts or 323.21 parts of them, each nonlicensed employee employed by an affected 323.22 district must be assigned to the newly created district. 323.23 (b) As of the effective date of a consolidation, any 323.24 employee organization may petition the commissioner of the 323.25 bureau of mediation services for a certification election under 323.26 chapter 179A. An organization certified as the exclusive 323.27 representative for nonlicensed employees in a particular 323.28 preexisting district continues as the exclusive representative 323.29 for those particular employees for a period of 90 days from the 323.30 effective date of a consolidation. If a petition for 323.31 representation of nonlicensed employees is filed within 90 days, 323.32 an exclusive representative for those particular nonlicensed 323.33 employees continues as the exclusive representative until the 323.34 bureau of mediation services certification proceedings are 323.35 concluded. 323.36 (c) The terms and conditions of employment of nonlicensed 324.1 employees assigned to the newly created district are temporarily 324.2 governed by contracts executed by an exclusive representative 324.3 for a period of 90 days from the effective date of the 324.4 consolidation. If a petition for representation is filed with 324.5 the bureau of mediation services within the 90 days, the 324.6 contractual terms and conditions of employment for those 324.7 nonlicensed employees who were governed by a preexisting 324.8 contract continue in effect until the bureau of mediation 324.9 services proceedings are concluded and, if an exclusive 324.10 representative has been elected, until successor contracts are 324.11 executed between the board of the newly created district and the 324.12 new exclusive representative. The terms and conditions of 324.13 employment of nonlicensed employees assigned to the newly 324.14 created district who were not governed by a collective 324.15 bargaining agreement at the time of the consolidation are 324.16 governed by the policies of the board of the newly created 324.17 district. 324.18 (d) The date of first employment in the newly created 324.19 district is the date on which services were first performed by 324.20 the employee in the preexisting district. Any sick leave, 324.21 vacation time, or severance pay benefits accumulated under 324.22 policies of the preexisting district or contracts between the 324.23 exclusive representatives and the board of the preexisting 324.24 district continue to apply in the newly created district to the 324.25 employees of the preexisting districts, subject to any maximum 324.26 accumulation limitations negotiated in a successor contract. 324.27 Future leaves of absence, vacations, or other benefits to be 324.28 accumulated in the newly created district are governed by board 324.29 policy or by contract between the exclusive representative of an 324.30 appropriate unit of employees and the board of the newly created 324.31 district. The board of the newly created districtshallmust 324.32 provide, to transferred nonlicensed employees, open enrollment 324.33 in all insurance plans with no limit on preexisting conditions. 324.34 Subd. 19. [ATTACHMENT.] In case of the consolidation of 324.35 two or more districts or parts of districts into a larger 324.36 district, any portions or parts of divided districts which have 325.1 less than four sections of land shall be attached to one or more 325.2 adjoining districts by the board of county commissioners upon 325.3 due notice and hearing. 325.4 The county auditor shall give ten days' posted notice of 325.5 the hearing in the area to be attached and shall deliver a copy 325.6 of the notice of hearing to the clerk of each district adjoining 325.7 the area at least 30 days prior to the date set for the 325.8 hearing. If any adjoining district by resolution of its board, 325.9 a copy of which is served on the county board before the 325.10 hearing, demands that area to be attached assume a proportionate 325.11 share of the bonded debt of the demanding district, then if the 325.12 order of the county board attaches any land area to such 325.13 district, the taxable property in such area assumes its 325.14 proportionate share of the authorized and outstanding bonded 325.15 debt of the district to which it is attached. 325.16 Subd. 20. [RETIREMENT INCENTIVES.] (a) For consolidations 325.17 effective July 1, 1994, and thereafter, aschoolboard of a 325.18 district may offer early retirement incentives to licensed and 325.19 nonlicensed staff. The early retirement incentives that the 325.20 board may offer are: 325.21 (1) the payment of employer pension plan contributions for 325.22 a specified period of allowable service credit for district 325.23 employees who have at least ten years of allowable service 325.24 credit in the applicable pension plan under paragraph (b); 325.25 (2) an extended leave of absence for an eligible employee 325.26 under section 125.60; 325.27 (3) severance payment incentives under paragraph (c); and 325.28 (4) the employer payment of the premiums for continued 325.29 health insurance coverage under paragraph (d). 325.30 These incentives may only be offered to employees who 325.31 terminate active employment with theschooldistrict or who 325.32 enter into an extended leave of absence as a result of the 325.33 consolidation, whichever applies. The board may determine the 325.34 staff to whom the incentives are offered. Unilateral 325.35 implementation of this section by aschoolboard is not an 325.36 unfair labor practice under chapter 179A. 326.1 (b) An employee with at least ten years of allowable 326.2 service credit in the applicable pension plan who is offered an 326.3 early retirement incentive under paragraph (a), clause (1), may 326.4 purchase up to five additional years of allowable service credit 326.5 from the applicable pension plan. To do so, the former employee 326.6 must pay the member contributions to the pension plan annually 326.7 in a manner and in accord with a schedule specified by the 326.8 executive director of the applicable fund. If the former 326.9 employee makes the member contribution, the boardshallmust 326.10 make the applicable employer contribution. The salary used to 326.11 determine these contributions is the salary of the person in the 326.12 last year that the former employee was employed by the 326.13 district. During the period of continuing member and employer 326.14 contributions, the person is not considered to be an active 326.15 member of the applicable pension plan, is not eligible for any 326.16 active member disability or survivorship benefit coverage, and 326.17 is not included in any postemployment termination benefit plan 326.18 changes unless the applicable benefit legislation provides 326.19 otherwise. Continued eligibility to purchase service credit 326.20 under this paragraph expires if the person is subsequently 326.21 employed during the service purchase period by a public employer 326.22 with retirement coverage under a pension plan specified in 326.23 section 356.30, subdivision 3. 326.24 (c) Severance payment incentives must conform with sections 326.25 465.72, 465.721, and 465.722. 326.26 (d) The board may offer a former employee continued 326.27 employer-paid health insurance coverage. Coverage may not 326.28 extend beyond age 65 or the end of the first month in which the 326.29 employee is eligible for employer-paid health insurance coverage 326.30 from a new employer. For purposes of this subdivision, 326.31 "employer-paid health insurance coverage" means medical, 326.32 hospitalization, or health insurance coverage provided through 326.33 an insurance company that is licensed to do business in the 326.34 state and for which the employing unit pays more than one-half 326.35 of the cost of the insurance premiums. 326.36 (e) Aschoolboard may offer these incentives beginning on 327.1 the day that the consolidation is approved under section 122.23, 327.2 subdivision 12 or, if an election is not called under section 327.3 122.23, subdivision 9 or 10, on the day that the plat is 327.4 approved by the commissioner. A board may offer these 327.5 incentives until the June 30 following the effective date of the 327.6 consolidation. 327.7 Sec. 7. Minnesota Statutes 1996, section 122.241, is 327.8 amended to read: 327.9 122.241 [COOPERATION AND COMBINATION.] 327.10 Subdivision 1. [SCOPE.] Sections 122.241 to 122.248 327.11 establish procedures forschoolboards that adopt, by 327.12 resolution, a five-year written agreement: 327.13 (1) to provide at least secondary instruction cooperatively 327.14 for at least one or two years, if the districts cooperate 327.15 according to subdivision 2; and 327.16 (2) to combine into one district. 327.17 Subd. 2. [COOPERATION REQUIREMENTS.] Cooperating districts 327.18shallmust: 327.19 (1) implement a written agreement according to section 327.20 122.541 no later than the first year of cooperation; 327.21 (2) all be members of one education district, if any one of 327.22 the districts is a member, no later than the end of the second 327.23 year of cooperation; and 327.24 (3) all be members of one SC, if any one of the districts 327.25 is a member. 327.26 Clause (1) does not apply to a district that implemented an 327.27 agreement for secondary education, according to section 122.535, 327.28 during any year before the 1991-1992 school year. If the 327.29 districts cooperate for one or more years, the agreement may be 327.30 continued during those years. 327.31 Subd. 3. [COMBINATION REQUIREMENTS.] Combining districts 327.32 must be contiguous and meet one of the following requirements at 327.33 the time of combination: 327.34 (1) at least two districts with at least 400 resident 327.35 pupils enrolled in grades 7 through 12 in the combined district 327.36 and projections, approved by the departmentof children,328.1families, and learning, of enrollment at least at that level for 328.2 five years; 328.3 (2) at least two districts if either: 328.4 (i) both of the districts qualify for secondary sparsity 328.5 revenue under section 124A.22, subdivision 6, and have an 328.6 average isolation index over 23; or 328.7 (ii) the combined district qualifies for secondary sparsity 328.8 revenue; 328.9 (3) at least three districts with fewer than 400 resident 328.10 pupils enrolled in grades 7 through 12 in the combined district; 328.11 or 328.12 (4) at least two districts with fewer than 400 resident 328.13 pupils enrolled in grades 7 through 12 in the combined district 328.14 if either district is located on the border of the state. 328.15 A combination under clause (2), (3), or (4) must be 328.16 approved by the commissionerof children, families, and328.17learning. The commissioner shall disapprove a combination under 328.18 clause (2), (3), or (4) if the combination is educationally 328.19 unsound or would not reasonably enable the districts to fulfill 328.20 statutory and rule requirements. 328.21 Sec. 8. Minnesota Statutes 1996, section 122.242, is 328.22 amended to read: 328.23 122.242 [COOPERATION AND COMBINATION PLAN.] 328.24 Subdivision 1. [ADOPTION AND STATE BOARD REVIEW.] Each 328.25schoolboard must adopt, by resolution, a plan for cooperation 328.26 and combination. The plan must address each item in this 328.27 section. The plan must be specific for any item that will occur 328.28 within three years and may be general or set forth alternative 328.29 resolutions for an item that will occur in more than three 328.30 years. The plan must be submitted to the state board of 328.31 education and the secretary of state for review and comment. 328.32 Significant modifications and specific resolutions of items must 328.33 be submitted to the state board for review and comment. In the 328.34 official newspaper of each district proposed for combination, 328.35 theschoolboard must publish at least a summary of the adopted 328.36 plans, each significant modification and resolution of items, 329.1 and each state board review and comment. 329.2 Subd. 2. [RULE EXEMPTIONS.] The plan must identify the 329.3 rules of the state board of education from which the district 329.4 intends to request exemption, according to Minnesota Rules, part 329.5 3500.1000. The plan may provide information about state laws 329.6 that deter or impair cooperation or combination. 329.7 Subd. 3. [BOARD FORMATION.] The plan must state: 329.8 (1) whether the new district would have one electedschool329.9 board or whether it would have one electedschoolboard and one 329.10 elected board for each elementary school exercising powers and 329.11 duties delegated to it by theschoolboard of the entire 329.12 district; 329.13 (2) how many of the existing members of each district would 329.14 become members of theschoolboard of the combined district and, 329.15 if so, a method to gradually reduce the membership to six or 329.16 seven; and 329.17 (3) if desired, election districts that include the 329.18 establishment of separate areas from each of the combining 329.19 districts from whichschoolboard members will be elected, the 329.20 boundaries of these election districts, and the initial term of 329.21 the member elected from each of these election districts. 329.22 Subd. 4. [ADMINISTRATION.] The plan must provide for: 329.23 (1) selection of one superintendent for the combined 329.24 district at a specified time, according to section 123.34, 329.25 subdivision 9; and 329.26 (2) alterations, if any, in administrative personnel and 329.27 duties. 329.28 Subd. 5. [EMPLOYEES.] The plan must state: 329.29 (1) procedures needed, at the time of combination, to 329.30 combine teachers into one bargaining unit, with the exclusive 329.31 representative determined according to section 122.532; 329.32 (2) procedures needed, at the time of combination, to 329.33 combine other bargaining units; 329.34 (3) procedures to negotiate, with the assistance of the 329.35 bureau of mediation services, an employment plan for licensed 329.36 employees affected by the agreement; 330.1 (4) procedures to negotiate, with the assistance of the 330.2 bureau of mediation services, an employment plan for nonlicensed 330.3 employees affected by the agreement; and 330.4 (5) incentives that may be offered to superintendents, 330.5 principals, teachers, and other licensed and nonlicensed 330.6 employees, such as early retirement, severance pay, and health 330.7 insurance benefits. 330.8 Subd. 6. [ACADEMIC PROGRAMS.] The plan must set forth: 330.9 (1) elementary curriculum and programs; 330.10 (2) improvements in secondary course offerings in at least 330.11 communications, mathematics, science, social studies, foreign 330.12 languages, physical education, health, and career education; 330.13 (3) procedures for involving parents, teachers, and other 330.14 interested people in developing learner outcomes in curricular 330.15 areas; 330.16 (4) procedures for involving teachers in determining levels 330.17 of learner outcomes; 330.18 (5) implications for special education cooperatives, 330.19 secondary vocational cooperatives, joint powers agreements, 330.20 education districts, and other cooperative arrangements if the 330.21 districts combined and if they did not; and 330.22 (6) a description of the long-range educational services of 330.23 the combined district and of the individual districts if the 330.24 combination is not achieved. 330.25 Subd. 7. [PUPIL ACTIVITIES.] The plan must provide for 330.26 combining extracurricular and cocurricular activities. 330.27 Subd. 8. [REFERENDUM.] The plan must set forth: 330.28 (1) procedures for a referendum, held prior to the year of 330.29 the proposed combination, to approve combining theschool330.30 districts; and 330.31 (2) whether a majority of those voting in each district 330.32 proposed for combination or a majority of those voting on the 330.33 question in the entire area proposed for combination would be 330.34 needed to pass the referendum. 330.35 Subd. 9. [FINANCES.] The plan must state: 330.36 (1) whether debt service for the bonds outstanding at the 331.1 time of combination remains solely with the district that issued 331.2 the bonds or whether all or a portion of the debt service for 331.3 the bonds will be assumed by the combined district and paid by 331.4 the combined district on behalf of the district that issued the 331.5 bonds; 331.6 (2) whether obligations for a capital loan or energy loan 331.7 made according to section 216C.37 or sections 298.292 to 298.298 331.8 outstanding at the time of combination remain solely with the 331.9 district that obtained the loan, or whether all or a portion of 331.10 all the loan obligations will be assumed by the combined 331.11 district and paid by the combined district on behalf of the 331.12 district that obtained the loan; 331.13 (3) the treatment of debt service levies, down payment 331.14 levies under section 124.82, and referendum levies; 331.15 (4) whether the cooperating or combined district will levy 331.16 for reorganization operating debt according to section 121.915, 331.17 clause (1); and 331.18 (5) two- and five-year projections, prepared by the 331.19 departmentof children, families, and learningupon the request 331.20 of any district, of revenues, expenditures, and property taxes 331.21 for each district if it cooperated and combined and if it did 331.22 not. 331.23 Subd. 10. [BUILDING SITES.] The plan must provide for: 331.24 (1) locations for elementary schools which need not be 331.25 altered and may contain assurances that, to the extent feasible, 331.26 elementary schools will be retained for at least the number of 331.27 years specified in the plan; and 331.28 (2) one location, if possible, for a secondary school. 331.29 Subd. 11. [TIMING.] The plan must contain a time schedule 331.30 for implementation. 331.31 Sec. 9. Minnesota Statutes 1996, section 122.243, is 331.32 amended to read: 331.33 122.243 [STATE BOARD AND VOTER APPROVAL.] 331.34 Subdivision 1. [COMMISSIONER APPROVAL.] Before submitting 331.35 the question of combiningschooldistricts to the voters at a 331.36 referendum, the cooperating districtsshallmust submit the 332.1 proposed combination to the commissionerof children, families,332.2and learning. The commissioner shall determine the date for 332.3 submission and may require any information it determines 332.4 necessary. The commissioner shall disapprove the proposed 332.5 combination if it is educationally unsound, will not reasonably 332.6 enable the combined district to fulfill statutory and rule 332.7 requirements, or if the plan or modifications are incomplete. 332.8 If disapproved by the commissioner, the referendum shall be 332.9 postponed, but not canceled, by theschoolboards. 332.10 Subd. 2. [VOTER APPROVAL.] A referendum on the question of 332.11 combinationshallmust be conducted during the first or second 332.12 year of cooperation for districts that cooperate according to 332.13 section 122.241, or no more than 18 months before the effective 332.14 date of combination for districts that do not cooperate. The 332.15 referendumshallmust be on a date called by theschoolboards. 332.16 The referendumshallmust be conducted by theschoolboards 332.17 according to the Minnesota election law, as defined in section 332.18 200.01. If the referendum fails, the same question or a 332.19 modified question may be submitted. If the referendum fails 332.20 again, the districtsshallmust modify their cooperation and 332.21 combination plan. A third referendum may be conducted. If a 332.22 second or third referendum is conducted after October 1, the 332.23 newly combined district may not levy under section 124.2725 332.24 until the following year. Referendums shall be conducted on the 332.25 same date in all districts. 332.26 Sec. 10. Minnesota Statutes 1996, section 122.245, 332.27 subdivision 2, is amended to read: 332.28 Subd. 2. [NONLICENSED EMPLOYEES TERMINATION.] If 332.29 compatible plans are not negotiated according to section 332.30 122.242, subdivision 5, theschoolboards shall comply with this 332.31 subdivision with respect to nonlicensed employees. Nonlicensed 332.32 employees whose positions are discontinued as a result of 332.33 cooperation or combination, as applicable, shall be: 332.34 (1) employed by a cooperating board or the combined board, 332.35 if possible; 332.36 (2) assigned to work in a cooperating district or the 333.1 combined district, if possible; or 333.2 (3) terminated in the inverse order in which they were 333.3 employed in a district, according to a combined seniority list 333.4 of nonlicensed employees in the cooperating or combined 333.5 district, as applicable. 333.6 Sec. 11. Minnesota Statutes 1996, section 122.246, is 333.7 amended to read: 333.8 122.246 [COUNTY AUDITOR PLAT.] 333.9 Upon the request of two or more districts that have adopted 333.10 a resolution to cooperate and combine, the county auditor shall 333.11 prepare a plat. If the proposed combined district is located in 333.12 more than one county, the requestshallmust be submitted to the 333.13 county auditor of the county that has the greatest land area in 333.14 the proposed district. The platshallmust show: 333.15 (1) the boundaries of each of the present districts; 333.16 (2) the boundaries of the proposed district; 333.17 (3) the boundaries of proposed election districts, if 333.18 requested; and 333.19 (4) other information deemed pertinent by theschoolboards 333.20 or the county auditor. 333.21 Sec. 12. Minnesota Statutes 1996, section 122.247, 333.22 subdivision 2, is amended to read: 333.23 Subd. 2. [BONDED DEBT.] Debt service for bonds outstanding 333.24 at the time of the combination may be levied by the 333.25 combinedschoolboard consistent with the plan adopted according 333.26 to section 122.242, and any subsequent modifications, subject to 333.27 section 475.61. The primary obligation to pay the bonded 333.28 indebtedness that is outstanding on the effective date of 333.29 combination remains with the district that issued the bonds. 333.30 However, the combined district may make debt service payments on 333.31 behalf of a preexisting district. 333.32 Sec. 13. Minnesota Statutes 1996, section 122.247, 333.33 subdivision 2a, is amended to read: 333.34 Subd. 2a. [CAPITAL LOAN.] The combinedschoolboard may 333.35 levy for the obligations for a capital loan outstanding at the 333.36 time of combination, consistent with the plan adopted according 334.1 to section 122.242 and any subsequent modifications. The 334.2 primary obligation to levy as required by the capital loan 334.3 remains with taxable property in the preexisting district that 334.4 obtained the capital loan. However, the obligation of a capital 334.5 loan may be extended to all of the taxable property in the 334.6 combined district. 334.7 Sec. 14. Minnesota Statutes 1996, section 122.248, is 334.8 amended to read: 334.9 122.248 [REPORTS TO DEPARTMENT OF CHILDREN, FAMILIES, AND 334.10 LEARNING.] 334.11 Cooperating districts may submit joint reports and jointly 334.12 provide information required by the departmentof children,334.13families, and learning. The joint reports must allow 334.14 information to be attributed to each district. A combined 334.15 district must report and provide information as a single unit. 334.16 Sec. 15. Minnesota Statutes 1996, section 122.25, is 334.17 amended to read: 334.18 122.25 [COMMON DISTRICT TO INDEPENDENT DISTRICT.] 334.19 Subdivision 1. [PETITION.] If six or more eligible voters 334.20 of a common district desire to change the organization of their 334.21 district to an independent district, they may call for a vote 334.22 upon the question at the next annual meeting by filing a 334.23 petition therefor with the clerk. In the notice for the 334.24 meeting, the clerk shall include a statement that the question 334.25 will be voted upon at the meeting. 334.26 Subd. 2. [BOARD ELECTION.] At the annual meeting, if a 334.27 majority of the votes cast on the question favors the conversion 334.28 to an independent district, a board of six members shall be 334.29 elected. Nominations may be made from the floor of the meeting 334.30 and election shall be by secret ballot. All board members 334.31 elected at this meeting shall serve for terms expiring on the 334.32 third Tuesday in the next Maynextfollowing the election on 334.33 which date a regular annual election shall be held in the manner 334.34 provided by law. At this first annual election for independent 334.35 districts, six directors shall be elected, two to hold office 334.36 until July 1 following the next annual election, two to hold 335.1 office until the expiration of one year from said July 1 and two 335.2 to hold office until the expiration of two years from said July 335.3 1; the time which each director shall hold office being 335.4 designated on the ballot. 335.5 Subd. 3. [IDENTIFICATION NUMBER.] If the organization of 335.6 the district is changed from common to independent at the 335.7 meeting, the clerk shallforthwithnotify the auditor and the 335.8 commissioner. 335.9 Upon receipt of such notification, the commissioner shall 335.10forthwithassign a new identification number to the district and 335.11 shall notify the auditor and the clerk of the district thereof. 335.12 Subd. 4. [ASSET AND LIABILITY TRANSFER.] As of the date of 335.13 election, if a majority of votes cast on the question favor the 335.14 conversion to an independent district, the classification of the 335.15 district is changed from common to independent. Title to all 335.16 the property, real and personal, of the common district passes 335.17 to the independent district and all current outstanding 335.18 contractual obligations, including the bonded indebtedness, if 335.19 any, of the common district, together with any legally valid and 335.20 enforceable claims against the common district are imposed on 335.21 the independent district. 335.22 Subd. 5. [REAL ESTATE RECORDS.] Upon receipt of the 335.23 identification number from the commissioner, the clerk of the 335.24 district shall record such change of number with the county 335.25 recorder in any county in which the common district owns any 335.26 real estate. 335.27 Sec. 16. [122.28] [ATTENDANCE; SCHOOL IN ANOTHER STATE; 335.28 SEVERANCE PAY.] 335.29 Subdivision 1. [ATTENDANCE IN ANOTHER STATE.] Any person 335.30 under 21 years of age residing in any district not maintaining a 335.31 secondary school who has successfully completed the elementary 335.32 school may, with the consent of the board of such district, 335.33 attend any secondary school of a district in an adjoining state 335.34 willing to admit the person, if the secondary school is nearer 335.35 to the place of residence than any established secondary school 335.36 in Minnesota, the distances being measured by the usual traveled 336.1 routes. Any tuition charged by the district so attended must be 336.2 paid to the district attended by the district in which the 336.3 person resides. This tuition must not be more than (a) the 336.4 district charges nonresident pupils of that state, (b) the 336.5 average maintenance cost exclusive of transportation per pupil 336.6 unit in average daily membership in the school attended, nor (c) 336.7 the tuition rate provided for in section 124.18, subdivision 2. 336.8 Any pupil attending a secondary school in an adjoining 336.9 state for whom tuition is paid from district funds is entitled 336.10 to transportation services in accordance with Minnesota Statutes. 336.11 Subd. 2. [TUITION.] A board of a district maintaining a 336.12 secondary school may by a majority vote provide for the 336.13 instruction of any resident pupil attending an elementary 336.14 school, a middle school, or a secondary school in a district in 336.15 an adjoining state. Any charge for tuition or transportation by 336.16 the district in the adjoining state must be paid by the resident 336.17 district. The pupil must be considered a pupil of the resident 336.18 district for the purposes of state aid. 336.19 Subd. 3. [SEVERANCE PAY.] A district must pay severance 336.20 pay to a teacher who is placed on unrequested leave of absence 336.21 by the district as a result of an agreement under this section. 336.22 A teacher is eligible under this subdivision if the teacher: 336.23 (1) is a teacher, as defined in section 125.12, subdivision 336.24 1, but not a superintendent; 336.25 (2) has a continuing contract with the district according 336.26 to section 125.12, subdivision 4. 336.27 The amount of severance pay must be equal to the teacher's 336.28 salary for the school year during which the teacher was placed 336.29 on unrequested leave of absence minus the gross amount the 336.30 teacher was paid during the 12 months following the teacher's 336.31 termination of salary, by an entity whose teachers by statute or 336.32 rule must possess a valid Minnesota teaching license, and minus 336.33 the amount a teacher receives as severance or other similar pay 336.34 according to a contract with the district or district policy. 336.35 These entities include, but are not limited to, the district 336.36 that placed the teacher on unrequested leave of absence, another 337.1 district in Minnesota, an education district, an intermediate 337.2 school district, a SC, a board formed under section 471.59, a 337.3 state residential academy, the Lola and Rudy Perpich Minnesota 337.4 center for arts education, a vocational center, or a special 337.5 education cooperative. These entities do not include a district 337.6 in another state, a Minnesota public post-secondary institution, 337.7 or a state agency. Only amounts earned by the teacher as a 337.8 substitute teacher or in a position requiring a valid Minnesota 337.9 teaching license shall be subtracted. A teacher may decline any 337.10 offer of employment as a teacher without loss of rights to 337.11 severance pay. 337.12 To determine the amount of severance pay that is due for 337.13 the first six months following termination of the teacher's 337.14 salary, the district may require the teacher to provide 337.15 documented evidence of the teacher's employers and gross 337.16 earnings during that period. The district must pay the teacher 337.17 the amount of severance pay it determines to be due from the 337.18 proceeds of the levy for this purpose. To determine the amount 337.19 of severance pay that is due for the second six months of the 12 337.20 months following the termination of the teacher's salary, the 337.21 district may require the teacher to provide documented evidence 337.22 of the teacher's employers and gross earnings during that 337.23 period. The district must pay the teacher the amount of 337.24 severance pay it determines to be due from the proceeds of the 337.25 levy for this purpose. 337.26 A teacher who receives severance pay under this subdivision 337.27 waives all further reinstatement rights under section 125.12, 337.28 subdivision 6a or 6b. If the teacher receives severance pay, 337.29 the teacher must not receive credit for any years of service in 337.30 the district paying severance pay prior to the year in which the 337.31 teacher becomes eligible to receive severance pay. 337.32 The severance pay is subject to section 465.72. The 337.33 district may levy annually according to section 124.912, 337.34 subdivision 1, for the severance pay. 337.35 Sec. 17. Minnesota Statutes 1996, section 122.32, is 337.36 amended to read: 338.1 122.32 [REMAINING DISTRICTS, ACTION OF COUNTY BOARD; 338.2 ELECTION.] 338.3 Subdivision 1. [DISSOLUTION.]If there beAny organized 338.4schooldistrict not maintaining a classified school within the 338.5 district, except those districts which have a contract with a 338.6 state university or with the board of regents of the University 338.7 of Minnesota for the education of all the children of the 338.8 district,such districtshall hereby be dissolved as of the date 338.9 the district ceases to maintain a classified school. Any such 338.10 district not maintaining a classified schoolshall forthwith338.11 must be attached by order of the county board to such district 338.12 maintaining classified elementary or secondary schools upon 338.13 notice and hearing as provided in section 122.22 for the 338.14 attachment of dissolved districts. 338.15 Subd. 2. [SPECIAL ELECTION.] Prior to the order of the 338.16 county board, the board may direct the county auditor to call a 338.17 special election in the manner and form in which district 338.18 elections are held. The purpose of the election shall be to 338.19 determine to which district or districts the dissolved district 338.20 shall be attached. The county board after hearingshallmust 338.21 determine the form of question as it should appear on the 338.22 ballot. The results of the election shall be advisory in nature 338.23 only. 338.24 Subd. 3. [ORDER; ASSET AND LIABILITY TRANSFER.] The county 338.25 auditor shall certify the results of the electionshall be338.26certified by the county auditorto the county boardand. Within 338.27 45 days after such election, the county boardshallmust issue 338.28 its order dissolving the district. The ordershallmust also 338.29 attach the dissolved district to a proper district as determined 338.30 by the county board, and a copy of such ordershallmust be 338.31 filed with the commissionerof children, families, and338.32learning. Title to all the property, real and personal, of the 338.33 district dissolved passes to the district to which such 338.34 dissolved district is attached. If a district is divided by 338.35 virtue of the proceedings the county board shall issue its order 338.36 providing for the division of the current assets and liabilities 339.1 according to such terms as it may deem just and equitable. If 339.2 the order of the county board attaches any land area to a 339.3 district with bonded debt, the taxable property in such area 339.4 assumes its proportionate share of the authorized and 339.5 outstanding debt of the district to which it is attached. 339.6 Sec. 18. Minnesota Statutes 1996, section 122.34, is 339.7 amended to read: 339.8 122.34 [PRIVATE SCHOOLS IN NONOPERATING DISTRICTS.] 339.9 Section 122.32 shall not apply to anyschooldistrict in 339.10 which is located any existing private school maintaining 339.11 elementary and secondary education for 75 percent of eligible 339.12 pupils within the district and complying with the requirements 339.13 of section 120.101. 339.14 Sec. 19. Minnesota Statutes 1996, section 122.355, is 339.15 amended to read: 339.16 122.355 [BORDER DISTRICTS; CONTINUED OPERATION.] 339.17 Subdivision 1. [BORDER DISTRICTS.] The common school 339.18 districts situated along the border of the state of Minnesota 339.19 and the state of Wisconsin which have, for the preceding 25 339.20 years, prior to May 26, 1965 been educating pupils of their 339.21 district inschooldistricts in Wisconsin may continue to 339.22 operate as common school districts notwithstanding that any of 339.23 suchschooldistricts do not maintain classified schools. 339.24 Suchschooldistricts are not subject to the terms and 339.25 provisions of sections 122.32 to 122.52. 339.26 Subd. 2. [CONTINUED OPERATION.] The provisions of 339.27 subdivision 1 shall remain in effect as long as theschool339.28 district does not discontinue the practice of education for 339.29 their district as described in subdivision 1. 339.30 Sec. 20. Minnesota Statutes 1996, section 122.41, is 339.31 amended to read: 339.32 122.41 [DUTY TO MAINTAIN ELEMENTARY AND SECONDARY SCHOOLS.] 339.33 Eachschooldistrictshallmust maintain classified 339.34 elementary and secondary schools, grades 1 through 12, unless 339.35 the district is exempt according to section 122.34 or 122.355, 339.36 has made an agreement with another district or districts as 340.1 provided in sections 122.535, 122.541, or sections 122.241 to 340.2 122.248, or 122.93, subdivision 8, or has received a grant under 340.3 sections 124.492 to 124.495. A district that has an agreement 340.4 according to sections 122.241 to 122.248 or 122.541shallmust 340.5 operate a school with the number of grades required by those 340.6 sections. A district that has an agreement according to section 340.7 122.535 or 122.93, subdivision 8, or has received a grant under 340.8 sections 124.492 to 124.495shallmust operate a school for the 340.9 grades not included in the agreement, but not fewer than three 340.10 grades. 340.11 Sec. 21. Minnesota Statutes 1996, section 122.43, is 340.12 amended to read: 340.13 122.43 [PHASE OUT OF DISSOLVED DISTRICT.] 340.14 Subd. 2. [MAINTAIN SCHOOLS.] The board of each district so 340.15 dissolved shall continue to maintainschoolschools until all 340.16 its territory has been attached to a proper district not later 340.17 than July 1. Such boards shall only make such contracts and do 340.18 such things as are necessary to properly maintain schools 340.19properlyfor the period they may be in session prior to the 340.20 attachment. 340.21 Sec. 22. Minnesota Statutes 1996, section 122.44, is 340.22 amended to read: 340.23 122.44 [PROCEDURE FOR ATTACHMENT TO ORGANIZED DISTRICTS.] 340.24 Subdivision 1. [ATTACHMENT.] Upon notice and hearing, as 340.25 provided in section 122.22 for the attachment of dissolved 340.26 districts, all territory of school districts dissolved by 340.27 sections 122.41 to 122.52 and all area of the state not in a 340.28 district maintaining classified elementary and secondary schools 340.29shallmust be attached by order of the county board to organized 340.30 districts maintaining classified elementary and secondary 340.31 schools, grades 1 through 12, unless a district has made an 340.32 agreement with another district or districts as provided in 340.33 section 122.535 or 122.541. 340.34 Sec. 23. Minnesota Statutes 1996, section 122.45, is 340.35 amended to read: 340.36 122.45 [ALLOCATION OF ASSETS AND LIABILITIES; LEVY.] 341.1 Subdivision 1. [ASSETS AND LIABILITIES.] Title to all the 341.2 property, real and personal, of any district dissolved under the 341.3 provisions of sections 122.41 to 122.52 and all legally valid 341.4 and enforceable claims and contract obligations, pass to the 341.5 district to which such dissolved district is attached. If a 341.6 district is divided by virtue of the proceedings, the 341.7 commissioner shall issue a subsequent order providing for the 341.8 division of the assets and liabilities according to such terms 341.9 as the commissioner may deem just and equitable. 341.10 Subd. 2. [TAXABLE PROPERTY.] As of the effective date of 341.11 the attachment, all the taxable property in the newly enlarged 341.12 district is taxable for the payment of any bonded debt 341.13theretoforealready incurred by any component district in the 341.14 proportion which the net tax capacity of that part of a 341.15 preexisting district which is included in the newly enlarged 341.16 district bears to the net tax capacity of the entire preexisting 341.17 district as of the time of the attachment. The county auditor 341.18 shall make this apportionmentshall be made by the county341.19auditor and shall be incorporatedand incorporate the 341.20 apportionment as an annex to the order of the commissioner 341.21 dividing the assets and liabilities of the component parts. 341.22 This subdivision shall not relieve any property from any tax 341.23 liability for payment of any bonded obligation but taxable 341.24 property in the newly enlarged district becomes primarily liable 341.25 for the payment of bonded debts to the extent of the proportion 341.26 stated. 341.27 Subd. 3a. [REIMBURSEMENT; SPECIAL LEVY.] (a) Liabilities 341.28 of a dissolved district existing at the time of the attachment 341.29 other than bonded debt within the purview of subdivision 2shall341.30 must be obligations of the consolidated district after 341.31 attachment (in the amount and kind determined by the 341.32 commissioner according to subdivision 1, where a dissolved 341.33 district is divided), for the payment of which the consolidated 341.34 district has a right to reimbursement by special levy or 341.35 levies. The amount of reimbursement will be equal to the 341.36 liabilities of the dissolved district for which the consolidated 342.1 district is obligated less the aggregate of the following which 342.2 has been or will be received by the consolidated district at or 342.3 after the time of attachment from or as a result of the 342.4 dissolution and attachment of the dissolved district: 342.5 (1) all taxes inuring to the consolidating district upon 342.6 levies made by the dissolved district; 342.7 (2) all cash, bank accounts, investments, and other current 342.8 assets; 342.9 (3) earned state aids of the dissolved districts; 342.10 (4) returns from the sale of property of the dissolved 342.11 district. 342.12 (b) The amount of such special levy so computed shall be 342.13 certified to the county auditor with the other tax requirements 342.14 of the consolidated district but separately stated and 342.15 identified. The auditor shall add the amount of special levy so 342.16 certified to the school rate for the territory in the 342.17 consolidated district which came from the dissolved district and 342.18 include it in the levy on the taxable property in that 342.19 territory; provided,. The county auditor shall not spread more 342.20 of the amount certified for special levy in any year than will 342.21 amount to 20 percent of the school levy without the special 342.22 levy, leaving the remaining part of the certified amount for 342.23 levy in successive years without further certification. Any 342.24 amount of reimbursement to which it is entitled omitted by the 342.25 consolidated district from its initial certification for special 342.26 levy may be certified in a subsequent year for levy in the same 342.27 manner as the levy upon initial certification. 342.28 The levy authorized by this subdivision shall be in 342.29 addition to those otherwise authorized for aschooldistrict. 342.30 Sec. 24. Minnesota Statutes 1996, section 122.46, is 342.31 amended to read: 342.32 122.46 [OFFICERS AND TEACHERS, TRANSITIONAL PROVISIONS.] 342.33 Subdivision 1. [BOARD.] The board of the district 342.34 maintaining a secondary school to which district is attached 342.35 territory of districts discontinued by sections 122.41 to 122.52 342.36shallmust assume the duties and responsibilities of the board 343.1 of the district so enlarged for the balance of the term to which 343.2 the members were elected. At the next annual school election 343.3 the successors to the members whose terms then expire shall be 343.4 elected by the legally qualified voters of the newly enlarged 343.5 district. Thereafter board members shall be elected according 343.6 to the election procedure established for the election of board 343.7 members in independent districts. 343.8 Sec. 25. Minnesota Statutes 1996, section 122.47, is 343.9 amended to read: 343.10 122.47 [SPECIAL SCHOOL DISTRICTS, APPLICATION.] 343.11 When provisions of sections 122.41 to 122.52 are made to 343.12 apply to any special school district, such district shall hereby 343.13 be converted to an independent school district on the effective 343.14 date specified in the orders issued under provisions of sections 343.15 122.41 to 122.52. All applicable provisions of Minnesota 343.16 Statutes 1965, section 122.26, relating to such conversions 343.17 shall otherwise be in force. To the extent that any law or 343.18 charter provision of any special district is inconsistent with 343.19 the status of an independent school district or the powers 343.20 common to independent school districts, such law or charter 343.21 provision is hereby repealed. Provided, however, that nothing 343.22 in sections 122.41 to 122.52 shall in any way invalidate 343.23 remaining portions of such laws or home rule charters, or the 343.24 continuance of such special school districts to which no new 343.25 territory is attached under the provisions of sections 122.41 to 343.26 122.52. 343.27 Sec. 26. Minnesota Statutes 1996, section 122.48, is 343.28 amended to read: 343.29 122.48 [PRIVATE SCHOOLS.] 343.30 Sections 122.41 to 122.46 shall not apply to anyschool343.31 district in which is located any existing private school 343.32 maintaining elementary and secondary education for 75 percent of 343.33 the eligible pupils within the district and complying with the 343.34 requirements of section 120.101. 343.35 Sec. 27. Minnesota Statutes 1996, section 122.531, 343.36 subdivision 1, is amended to read: 344.1 Subdivision 1. [DEFINITIONS.] The terms defined in 344.2 chapters 124,and124A, and 124D have the same meaning when they 344.3 are used in this section, unless otherwise clearly indicated. 344.4 Sec. 28. Minnesota Statutes 1996, section 122.531, 344.5 subdivision 2c, is amended to read: 344.6 Subd. 2c. [DISCONTINUED REFERENDUM REVENUE.] If the plan 344.7 for consolidation provides for discontinuance of referendum 344.8 revenue previously approved by voters of the component districts 344.9 pursuant to section 124A.03, subdivision 2, or its predecessor 344.10 provision, the newly created districtshallmust not receive 344.11 referendum revenue unless the voters of the newly created 344.12 district authorize referendum revenue pursuant to section 344.13 124A.03, subdivision 2. 344.14 Sec. 29. Minnesota Statutes 1996, section 122.531, 344.15 subdivision 5a, is amended to read: 344.16 Subd. 5a. [SUPPLEMENTAL REVENUE.] (a) For purposes of 344.17 computing the supplemental revenue and the minimum allowance 344.18 under section 124A.22, subdivision 9, paragraph (b), in the case 344.19 of a consolidation, the newly created district's 1991-1992 344.20 revenue and 1991-1992 actual pupil units are the sum of the 344.21 1991-1992 revenue and 1991-1992 pupil units, respectively, of 344.22 the former districts comprising the new district. 344.23 (b) For purposes of computing the supplemental revenue and 344.24 the minimum allowance under section 124A.22, subdivision 9, 344.25 paragraph (b), in the case of a dissolution and attachment, a 344.26 district's 1991-1992 revenue is the revenue of the existing 344.27 district plus the result of the following calculation: 344.28 (1) the 1991-1992 revenue of the dissolved district divided 344.29 by 344.30 (2) the dissolved district's 1991-1992 actual pupil units, 344.31 multiplied by 344.32 (3) the pupil units of the dissolved district in the most 344.33 recent year before the dissolution allocated to the newly 344.34 created or enlarged district. 344.35 (c) In the case of a dissolution and attachment, the 344.36 departmentof children, families, and learningshall allocate 345.1 the pupil units of the dissolved district to the newly enlarged 345.2 district based on the allocation of the property on which the 345.3 pupils generating the pupil units reside. 345.4 Sec. 30. Minnesota Statutes 1996, section 122.531, 345.5 subdivision 9, is amended to read: 345.6 Subd. 9. [LEVY FOR SEVERANCE PAY OR EARLY RETIREMENT 345.7 INCENTIVES.] Theschoolboard of a newly created or enlarged 345.8 district to which part or all of a dissolved district was 345.9 attached according to section 122.22 may levy for severance pay 345.10 or early retirement incentives for licensed and nonlicensed 345.11 employees who resign or retire early as a result of the 345.12 dissolution or consolidation, if the commissionerof children,345.13families, and learningapproves the incentives and the amount to 345.14 be levied. The amount may be levied over a period of up to five 345.15 years andshallmust be spread in whole or in part on the 345.16 property of a preexisting district or the newly created or 345.17 enlarged district, as determined by theschoolboard of the 345.18 newly created or enlarged district. 345.19 Sec. 31. Minnesota Statutes 1996, section 122.5311, 345.20 subdivision 1, is amended to read: 345.21 Subdivision 1. [CAPITAL LOAN OBLIGATIONS.] If a district 345.22 has a capital loan outstanding at the time of reorganization 345.23 according to section 122.22, 122.23, or sections 122.241 to 345.24 122.248, and if the plan for reorganization provides for payment 345.25 of all or a portion of the capital loan obligation by the newly 345.26 created or enlarged district or makes no provision for payment, 345.27 all of the taxable property in the newly created or enlarged 345.28 district is taxable for the payment to the extent stated in the 345.29 plan. Notwithstanding any contract to the contrary, if all of 345.30 the taxable property in the newly created or enlarged district 345.31 is taxable for the payment of the capital loan and until the 345.32 capital loan is retired or canceled, the maximum effort debt 345.33 service levyshallmust be recalculated annually by the 345.34 departmentof children, families, and learningto be equal to 345.35 the required debt service levy plus an additional amount. The 345.36 additional amountshallmust be the greater of: 346.1 (i) zero, or 346.2 (ii) the maximum effort debt service levy of the 346.3 preexisting district minus the required debt service levy of the 346.4 preexisting district that received the capital loan. 346.5 For the purpose of the recalculation, additional bond 346.6 issues after the date of the reorganization shall not impact the 346.7 maximum effort debt service levy or the required debt service 346.8 levy. 346.9 Notwithstanding any contract to the contrary, the plan for 346.10 reorganization may specify that the obligation for a capital 346.11 loan remains solely with the preexisting district that incurred 346.12 the obligation. This subdivision does not relieve any property 346.13 from any tax liability for payment of any capital loan 346.14 obligation. 346.15 Sec. 32. Minnesota Statutes 1996, section 122.532, 346.16 subdivision 2, is amended to read: 346.17 Subd. 2. [TEACHER ASSIGNMENT.] (a) As of the effective 346.18 date of a consolidation in which a district is divided or the 346.19 dissolution of a district and its attachment to two or more 346.20 existing districts, each teacher employed by an affected 346.21 district shall be assigned to the newly created or enlarged 346.22 district on the basis of a ratio of the pupils assigned to each 346.23 district according to the new district boundaries. The district 346.24 receiving the greatest number of pupils must be assigned the 346.25 teacher with the greatest seniority, and the remaining teachers 346.26 must be alternately assigned to each district until the district 346.27 receiving the fewest pupils has received its ratio of teachers 346.28 who will not be retiring before the effective date of the 346.29 consolidation or dissolution. 346.30 (b) Notwithstanding paragraph (a), theschoolboard and the 346.31 exclusive representative of teachers in eachschooldistrict 346.32 involved in the consolidation or dissolution and attachment may 346.33 negotiate a plan for assigning teachers to each newly created or 346.34 enlarged district. 346.35 Sec. 33. Minnesota Statutes 1996, section 122.532, 346.36 subdivision 3a, is amended to read: 347.1 Subd. 3a. [INTERIM CONTRACTUAL AGREEMENTS.] (a) Until a 347.2 successor contract is executed between the newschoolboard and 347.3 the exclusive representative of the teachers of the new 347.4 district, theschoolboards of both districts and the exclusive 347.5 representatives of the teachers of both districts may agree: 347.6 (1) to comply with the contract of either district with 347.7 respect to all of the teachers assigned to the new district; or 347.8 (2) that each of the contracts shall apply to the teachers 347.9 previously subject to the respective contract. 347.10 (b) In the absence of an agreement according to paragraph 347.11 (a), the following shall apply: 347.12 (1) if the effective date is July 1 of an even-numbered 347.13 year, each of the contracts shall apply to the teachers 347.14 previously subject to the respective contract and shall be 347.15 binding on the newschoolboard; or 347.16 (2) if the effective date is July 1 of an odd-numbered 347.17 year, the contract of the district that previously employed the 347.18 largest proportion of teachers assigned to the new district 347.19 applies to all of the teachers assigned to the new district and 347.20 shall be binding on the newschoolboard. The application of 347.21 this section shall not result in a reduction in a teacher's 347.22 basic salary, payments for cocurricular or extracurricular 347.23 assignments, district contributions toward insurance coverages 347.24 or tax-sheltered annuities, leaves of absence, or severance pay 347.25 until a successor contract is executed between the newschool347.26 board and the exclusive representative. 347.27 Sec. 34. Minnesota Statutes 1996, section 122.532, 347.28 subdivision 4, is amended to read: 347.29 Subd. 4. [CONTRACTS; TERMINATION; TENURE.] Except as 347.30 provided in this section, the provisions of section 125.12 or 347.31 125.17 shall apply to the employment of each teacher by the new 347.32 employing district on the same basis as they would have applied 347.33 to the employment if the teacher had been employed by that new 347.34 district before the effective date of the consolidation or 347.35 dissolution and attachment. For the purpose of applying the 347.36 provisions of subdivision 3, clause (c), and the provisions of 348.1 section 125.12, subdivision 6b, eachschooldistrict must be 348.2 considered to have started school each year on the same date. 348.3 Sec. 35. [122.534] [SURPLUS COUNTY SCHOOL TAX FUNDS; 348.4 DISTRIBUTION.] 348.5 When, by reason of reorganization of districts, there is a 348.6 surplus in the county treasury to the credit of the county 348.7 school tax fund on account of an excessive tax levy already 348.8 made, and when there is no need for the surplus, the county 348.9 treasurer shall pay the surplus to the reorganized district upon 348.10 the order of the county board. 348.11 Sec. 36. Minnesota Statutes 1996, section 122.535, is 348.12 amended to read: 348.13 122.535 [AGREEMENTS FOR SECONDARY EDUCATION.] 348.14 Subdivision 1. [APPLICABILITY.] The provisions of this 348.15 section shall apply to a district with fewer than 375 pupils 348.16 enrolled in grades 7 to 12. 348.17 Subd. 2. [AGREEMENT.] Theschoolboard may enter into one 348.18 or more agreements providing for instruction of its secondary 348.19 pupils in one or more districts. The agreementshallmust be 348.20 effective on July 1 and shall be for a specified or indefinite 348.21 number of years. The agreementshallmust set forth the 348.22 obligations of transportation, the tuition to be paid to the 348.23 providing district, and all additional charges and fees to be 348.24 paid to the providing district. The amount of tuition shall not 348.25 be subject to the provisions of section 124.18, subdivision 2. 348.26 The agreement may provide for negotiation of a plan for the 348.27 assignment or employment in a providing district as an exchange 348.28 teacher according to section 125.13, or placement on unrequested 348.29 leave of absence of teachers whose positions are discontinued as 348.30 a result of the agreement."Teacher" has the meaning given it348.31in section 125.12, subdivision 1.348.32 Subd. 3. [INFORMATIONAL MEETING.] Before entering into 348.33 agreements permitted by subdivision 2 of this section, the 348.34schoolboardshallmust hold a public hearing. The boardshall348.35 must publish notice of the hearing in the newspaper with the 348.36 largest circulation in the district. If the board proposes to 349.1 enter into agreements with two or more districts, the board may 349.2 conduct separate or consolidated hearings. 349.3 Subd. 4. [REVIEW AND COMMENT.] After the hearing required 349.4 by subdivision 3 and before entering into an agreement, the 349.5 boardshallmust submit the agreement to the commissionerof349.6children, families, and learningfor review and comment. 349.7 Subd. 5. [AID PAYMENTS.] A district entering into an 349.8 agreement permitted in subdivision 2 of this sectionshallmust 349.9 continue to count its resident pupils who are educated in other 349.10 districts as resident pupils in the calculation of pupil units 349.11 for the purposes of state aids, levy limitations, and any other 349.12 purpose. A district may continue to provide transportation and 349.13 collect transportation aid for its resident pupils. For 349.14 purposes of aid calculations, the commissionerof children,349.15families, and learningmay adjust the cost per eligible pupil 349.16 transported to reflect changes in cost resulting from the 349.17 agreement, if any. 349.18 Subd. 6. [SEVERANCE PAY.] A districtshallmust pay 349.19 severance pay to a teacher who is placed on unrequested leave of 349.20 absence by the district as a result of the agreement. A teacher 349.21 is eligible under this subdivision if the teacher: 349.22 (1) is a teacher,as defined in section 125.12, subdivision349.231,but not a superintendent; 349.24 (2) has a continuing contract with the district according 349.25 to section 125.12, subdivision 4. 349.26 The amount of severance payshallmust be equal to the 349.27 teacher's salary for the school year during which the teacher 349.28 was placed on unrequested leave of absence minus the gross 349.29 amount the teacher was paid during the 12 months following the 349.30 teacher's termination of salary, by an entity whose teachers by 349.31 statute or rule must possess a valid Minnesota teaching license, 349.32 and minus the amount a teacher receives as severance or other 349.33 similar pay according to a contract with the district or 349.34 district policy. These entities requiring a valid Minnesota 349.35 teaching license include, but are not limited to, theschool349.36 district that placed the teacher on unrequested leave of 350.1 absence, anotherschooldistrict in Minnesota, an education 350.2 district, an intermediate school district, a SC, a board formed 350.3 under section 471.59, a state residential academy, the Lola and 350.4 Rudy Perpich Minnesota center for arts education, a vocational 350.5 center, or a special education cooperative. These entities do 350.6 not include aschooldistrict in another state, a Minnesota 350.7 public post-secondary institution, or a state agency. Only 350.8 amounts earned by the teacher as a substitute teacher or in a 350.9 position requiring a valid Minnesota teaching license shall be 350.10 subtracted. A teacher may decline any offer of employment as a 350.11 teacher without loss of rights to severance pay. 350.12 To determine the amount of severance pay that is due for 350.13 the first six months following termination of the teacher's 350.14 salary, the district may require the teacher to provide 350.15 documented evidence of the teacher's employers and gross 350.16 earnings during that period. The districtshallmust pay the 350.17 teacher the amount of severance pay it determines to be due from 350.18 the proceeds of the levy for this purpose. To determine the 350.19 amount of severance pay that is due for the second six months of 350.20 the 12 months following the termination of the teacher's salary, 350.21 the district may require the teacher to provide documented 350.22 evidence of the teacher's employers and gross earnings during 350.23 that period. The districtshallmust pay the teacher the amount 350.24 of severance pay it determines to be due from the proceeds of 350.25 the levy for this purpose. 350.26 A teacher who receives severance pay under this subdivision 350.27 waives all further reinstatement rights under section 125.12, 350.28 subdivision 6a or 6b. If the teacher receives severance pay, 350.29 the teacher shall not receive credit for any years of service in 350.30 the district paying severance pay prior to the year in which the 350.31 teacher becomes eligible to receive severance pay. 350.32 The severance pay is subject to section 465.72. The 350.33 district may levy annually according to section 124.912, 350.34 subdivision 1, for the severance pay. 350.35 Sec. 37. [122.537] [JOINT POWERS AGREEMENTS FOR 350.36 FACILITIES.] 351.1 Subdivision 1. [INSTRUCTIONAL FACILITIES.] Any group of 351.2 districts may form a joint powers district under section 471.59 351.3 representing all participating districts to build or acquire a 351.4 facility to be used for instructional purposes. The joint 351.5 powers board must submit the project for review and comment 351.6 under section 121.15. The joint powers board must hold a 351.7 hearing on the proposal. The joint powers district must submit 351.8 the question of authorizing the borrowing of funds for the 351.9 project to the voters of the joint powers district at a special 351.10 election. The question submitted shall state the total amount 351.11 of funding needed from all sources. The joint powers board may 351.12 issue the bonds according to chapter 475 and certify the levy 351.13 required by section 475.61 only if a majority of those voting on 351.14 the question vote in the affirmative and only after the school 351.15 boards of each member district have adopted a resolution 351.16 pledging the full faith and credit of that district. The 351.17 resolution shall irrevocably commit that district to pay a 351.18 proportionate share, based on pupil units, of any debt levy 351.19 shortages that, together with other funds available, would allow 351.20 the joint powers board to pay the principal and interest on the 351.21 obligations. The district's payment of its proportionate share 351.22 of the shortfall shall be made from the district's capital 351.23 expenditure fund. The clerk of the joint powers board must 351.24 certify the vote of the bond election to the commissioner. 351.25 Subd. 2. [SHARED FACILITIES.] A group of governmental 351.26 units may form a joint powers district under section 471.59 351.27 representing all participating units to build or acquire a 351.28 facility. The joint powers board must submit the project for 351.29 review and comment under section 121.15. The joint powers board 351.30 must hold a hearing on the proposal. The joint powers district 351.31 must submit the question of authorizing the borrowing of funds 351.32 for the project to the voters of the joint powers district at a 351.33 special election. The question submitted shall state the total 351.34 amount of funding needed from all sources. The joint powers 351.35 board may issue the bonds according to chapter 475 and certify 351.36 the levy required by section 475.61 only if a majority of those 352.1 voting on the question vote in the affirmative and only after 352.2 the boards of each member unit have adopted a resolution 352.3 pledging the full faith and credit of that unit. The resolution 352.4 must irrevocably commit that unit to pay an agreed upon share of 352.5 any debt levy shortages that, together with other funds 352.6 available, would allow the joint powers board to pay the 352.7 principal and interest on the obligations. The clerk of the 352.8 joint powers board must certify the vote of the bond election to 352.9 the commissioner. 352.10 Sec. 38. Minnesota Statutes 1996, section 122.541, is 352.11 amended to read: 352.12 122.541 [INTERDISTRICT COOPERATION.] 352.13 Subdivision 1. [DISTRICT REQUIREMENTS.] Theschoolboards 352.14 of two or more districts may, after consultation with the 352.15 departmentof children, families, and learning, enter into an 352.16 agreement providing for: 352.17 (1) discontinuance by all districts except one of at least 352.18 the 10th, 11th, and 12th grades; and 352.19 (2) instruction of the pupils in the discontinued grades in 352.20 one of the cooperating districts. Each districtshallmust 352.21 continue to operate a school with at least three grades. Before 352.22 entering into a final agreement, the boardsshallmust provide a 352.23 copy of this agreement to the commissionerof children,352.24families, and learning. 352.25 Subd. 2. [AID; TRANSPORTATION.] (a) Each districtshall352.26 must continue to count its resident pupils who are educated in a 352.27 cooperating district as resident pupils in the calculation of 352.28 pupil units for all purposes. The agreementshallmust provide 352.29 for tuition payments between or among the districts. 352.30 (b) Each districtshallmust continue to provide 352.31 transportation and collect transportation aid for its resident 352.32 pupils pursuant to sections 123.39, 124.223, and 124.225. A 352.33 district may provide some or all transportation to its resident 352.34 pupils by contracting with a cooperating district. For purposes 352.35 of section 124.225, the commissioner may adjust the base cost 352.36 per eligible pupil transported to reflect changes in costs 353.1 resulting from the agreement. 353.2Subd. 3. [TEACHER DEFINED.] As used in this section, the353.3term "teacher" has the meaning given it in section 125.12,353.4subdivision 1.353.5 Subd. 4. [NEGOTIATED PLAN FOR DISCONTINUED TEACHERS.] 353.6 Theschoolboard and exclusive bargaining representative of the 353.7 teachers in each district discontinuing grades may negotiate a 353.8 plan to assign or employ in a cooperating district or to place 353.9 on unrequested leave of absence all teachers whose positions are 353.10 discontinued as a result of the agreement. Theschoolboard and 353.11 exclusive bargaining representative of the teachers in each 353.12 district providing instruction to nonresident pupils may 353.13 negotiate a plan to employ teachers from a cooperating district 353.14 whose positions are discontinued as a result of the agreement. 353.15 If plans are negotiated and if the boards determine the plans 353.16 are compatible, the boards shall include the plans in their 353.17 agreement. 353.18 Subd. 5. [COMBINED SENIORITY LIST.] If compatible plans 353.19 are not negotiated before the March 1 preceding any year of the 353.20 agreement, the cooperating districts shall be governed by this 353.21 subdivision. Insofar as possible, teachers who have acquired 353.22 continuing contract rights and whose positions are discontinued 353.23 as a result of the agreement shall be employed by a cooperating 353.24 district or assigned to teach in a cooperating district as 353.25 exchange teachers pursuant to section 125.13. If necessary, 353.26 teachers whose positions are discontinued as a result of the 353.27 agreement and who have acquired continuing contract rights shall 353.28 be placed on unrequested leave of absence in fields in which 353.29 they are licensed in the inverse order in which they were 353.30 employed by a cooperating district, according to a combined 353.31 seniority list of teachers in the cooperating districts. For 353.32 the purpose of establishing a combined seniority list, each 353.33schooldistrict must be considered to have started school each 353.34 year on the same date. 353.35 Subd. 6. [NOTICE AND HEARING.] Prior to entering into an 353.36 agreement, theschoolboard shall consult with the community at 354.1 an informational meeting. The boardshallmust publish notice 354.2 of the meeting in the official newspaper of the district and may 354.3 send written notice of the meeting to parents of pupils who 354.4 would be affected. 354.5 Subd. 7. [MEETING LOCATION.] Notwithstanding any law to 354.6 the contrary,schoolboards that have an agreement may hold a 354.7 valid joint meeting at any location that would be permissible 354.8 for one of theschoolboards participating in the meeting. A 354.9schoolboard that has an agreement may hold a meeting in any 354.10 district that is a party to the agreement. Theschoolboard 354.11 shall comply with section 471.705 and any other law applicable 354.12 to a meeting of aschoolboard. 354.13 Sec. 39. Minnesota Statutes 1996, section 122.895, is 354.14 amended to read: 354.15 122.895 [EMPLOYEES OF COOPERATIVE DISTRICTS UPON 354.16 DISSOLUTION OR WITHDRAWAL.] 354.17 Subdivision 1. [DEFINITIONS.] For the purposes of this 354.18 section, the terms defined in this subdivision have the meanings 354.19 given them. 354.20 (a) "Teacher" means a teacheras defined in section 125.12,354.21subdivision 1,who is employed by a district or center listed in 354.22 subdivision 2, except that it does not include a superintendent. 354.23 (b) "Cooperative" means any district or center to which 354.24 this section applies. 354.25 (c) "Withdrawal" means aschooldistrict's removal of its 354.26 students from a program of instruction, counseling, or 354.27 evaluation provided by a cooperative in order to provide the 354.28 same educational services by other means. 354.29 (d) "Education support position" means a position not 354.30 requiring a teaching license in which an employee assists a 354.31 teacher by providing instructional, counseling, or evaluative 354.32 support services directly to students. 354.33 (e) "Education support employee" means an employee holding 354.34 an education support position. 354.35 Subd. 2. [APPLICABILITY.] This section applies to: 354.36 (1) an education district organized according to sections 355.1 122.91 to 122.95; 355.2 (2) a cooperative vocational center organized according to 355.3 section 123.351; 355.4 (3) a joint powers district or board organized according to 355.5 section 471.59 which employs teachers to provide instruction; 355.6 (4) an intermediate district organized according to chapter 355.7 136D; 355.8 (5) a service cooperative which employs teachers to provide 355.9 instruction; and 355.10 (6)schooldistricts participating in an agreement for the 355.11 cooperative provision of special education services to children 355.12 with disabilities according to section 120.17, subdivision 4. 355.13 Subd. 2a. [AGREEMENTS FOR COOPERATIVE SPECIAL EDUCATION.] 355.14 (a) Upon the termination of an agreement according to section 355.15 120.17, subdivision 4, a teacher employed to provide special 355.16 education services by aschooldistrict participating in the 355.17 agreement will be afforded rights to employment by otherschool355.18 districts according to subdivisions 3, 4, and 5. Nonlicensed 355.19 employees of a participating district employed to provide 355.20 special education services will, upon the agreement's 355.21 termination, be afforded rights to employment by other 355.22 participating districts according to subdivision 8. 355.23 (b) Upon aschooldistrict's withdrawal from the 355.24 cooperative provision of special education under an agreement 355.25 according to section 120.17, subdivision 4, a teacher employed 355.26 to provide special education services by a participating 355.27 district will be afforded rights to employment by otherschool355.28 districts according to subdivisions 3, 6, and 7. Nonlicensed 355.29 employees of a participating district employed to provide 355.30 special education services will be afforded rights to employment 355.31 by the withdrawing district according to subdivision 9. 355.32 Subd. 3. [NOTIFICATION OF TEACHERS.] In any year in which 355.33 a cooperative dissolves or a member withdraws from a 355.34 cooperative, the governing board of a cooperativeshallmust 355.35 provide all teachers employed by the cooperative written 355.36 notification by March 10 of: 356.1 (1) the dissolution of the cooperative and the effective 356.2 date of dissolution; or 356.3 (2) the withdrawal of a member of the cooperative and the 356.4 effective date of withdrawal. 356.5 Subd. 4. [RIGHTS OF A TEACHER WITH A CONTINUING CONTRACT 356.6 IN A MEMBER DISTRICT UPON DISSOLUTION.] (a) This subdivision 356.7 applies to a teacher previously employed in a member district 356.8 who: 356.9 (1) had a continuing contract with that member district; 356.10 (2) has been continuously employed immediately after 356.11 leaving that member district by one or more cooperatives that 356.12 provided instruction to pupils enrolled in that member district; 356.13 and 356.14 (3) is either a probationary teacher or has a continuing 356.15 contract with the cooperative that is dissolving. 356.16 (b) A teacher may elect to resume the teacher's continuing 356.17 contract with the member district by which the teacher was 356.18 previously employed by filing a written notice of the election 356.19 with the memberschoolboard on or before March 20. Failure by 356.20 a teacher to file a written notice by March 20 of the year the 356.21 teacher receives a notice according to subdivision 3 constitutes 356.22 a waiver of the teacher's rights under this subdivision. 356.23 The member districtshallmust make reasonable realignments 356.24 of positions to accommodate the seniority rights of a teacher 356.25 electing to resume continuing contract rights in the member 356.26 district according to this subdivision. 356.27 Upon returning the teacher shall receive credit for: 356.28 (1) all years of continuous service under contract with the 356.29 cooperative and the member district for all purposes relating to 356.30 seniority, compensation, and employment benefits; and 356.31 (2) the teacher's current educational attainment on the 356.32 member district's salary schedule. 356.33 (c) A teacher who does not elect to return to the member 356.34 district according to this subdivision may exercise rights under 356.35 subdivision 5. 356.36 Subd. 5. [RIGHTS OF OTHER TEACHERS.] (a) This subdivision 357.1 applies to a teacher who: 357.2 (1) has a continuing contract with the cooperative; and 357.3 (2) either did not have a continuing contract with any 357.4 member district or does not return to a member district 357.5 according to the procedures set forth in subdivision 4, 357.6 paragraph (b). 357.7 (b) By May 10 of the school year in which the cooperative 357.8 provides the notice required by subdivision 3, clause (1), the 357.9 cooperativeshallmust provide to each teacher described in 357.10 subdivision 4 and this subdivision a written notice of available 357.11 teaching positions in any member district to which the 357.12 cooperative was providing services at the time of dissolution. 357.13 Available teaching positions are all teaching positions that, 357.14 during the school year following dissolution: 357.15 (1) are positions for which the teacher is licensed; and 357.16 (2) are not assigned to a continuing contract teacher 357.17 employed by a memberschooldistrict after any reasonable 357.18 realignments which may be necessary under the applicable 357.19 provisions of section 125.12, subdivision 6a or 6b, to 357.20 accommodate the seniority rights of teachers employed by the 357.21 member district. 357.22 (c) On or before June 1 of the school year in which the 357.23 cooperative provides the notice required by subdivision 3, 357.24 clause (1), any teacher wishing to do so must file with the 357.25schoolboard a written notice of the teacher's intention to 357.26 exercise the teacher's rights to an available teaching 357.27 position. Available teaching positionsshallmust be offered to 357.28 teachers in order of their seniority within the dissolved 357.29 cooperative. 357.30 (d) Paragraph (e) applies to: 357.31 (1) a district that was a member of a dissolved 357.32 cooperative; or 357.33 (2) any other district that, except as a result of open 357.34 enrollment according to section 120.062, provides essentially 357.35 the same instruction provided by the dissolved cooperative to 357.36 pupils enrolled in a former member district. 358.1 (e) For five years following dissolution of a cooperative, 358.2 a district to which this paragraph applies may not appoint a new 358.3 teacher or assign a probationary or provisionally licensed 358.4 teacher to any position requiring licensure in a field in which 358.5 the dissolved cooperative provided instruction until the 358.6 following conditions are met: 358.7 (1) a district to which this paragraph applies has provided 358.8 each teacher formerly employed by the dissolved cooperative, who 358.9 holds the requisite license, written notice of the position; and 358.10 (2) no teacher holding the requisite license has filed a 358.11 written request to be appointed to the position with theschool358.12 board within 30 days of receiving the notice. 358.13 If no teacher files a request according to clause (2), the 358.14 district may fill the position as it sees fit. During any part 358.15 of the school year in which dissolution occurs and the first 358.16 school year following dissolution, a teacher may file a request 358.17 for an appointment according to this paragraph regardless of 358.18 prior contractual commitments with other member districts. 358.19 Available teaching positionsshallmust be offered to teachers 358.20 in order of their seniority on a combined seniority list of the 358.21 teachers employed by the cooperative and the appointing district. 358.22 (f) A teacher appointed according to this subdivision is 358.23 not required to serve a probationary period. The teacher shall 358.24 receive credit on the appointing district's salary schedule for 358.25 the teacher's years of continuous service under contract with 358.26 the cooperative and the member district and the teacher's 358.27 educational attainment at the time of appointment or shall 358.28 receive a comparable salary, whichever is less. The teacher 358.29 shall receive credit for accumulations of sick leave and rights 358.30 to severance benefits as if the teacher had been employed by the 358.31 member district during the teacher's years of employment by the 358.32 cooperative. 358.33 Subd. 6. [RIGHTS OF A TEACHER WITH A CONTINUING CONTRACT 358.34 IN A MEMBER DISTRICT UPON WITHDRAWAL OF THE DISTRICT.] (a) This 358.35 subdivision applies to a teacher previously employed by a member 358.36 district who: 359.1 (1) had a continuing contract with the member district 359.2 which withdraws from a cooperative; 359.3 (2) has been continuously employed immediately after 359.4 leaving that member district by one or more cooperatives that 359.5 provided instruction to pupils enrolled in that member district; 359.6 and 359.7 (3) is either a probationary teacher or has a continuing 359.8 contract with the cooperative from which the member district is 359.9 withdrawing. 359.10 (b) A teacher may elect to resume the teacher's continuing 359.11 contract with the withdrawing district by which the teacher was 359.12 previously employed by filing a written notice of the election 359.13 with the withdrawing school board on or before March 20. 359.14 Failure by a teacher to file written notice by March 20 of the 359.15 year the teacher receives a notice according to subdivision 3 359.16 constitutes a waiver of a teacher's rights under this 359.17 subdivision. 359.18 The member districtshallmust make reasonable realignments 359.19 of positions to accommodate the seniority rights of a teacher 359.20 electing to resume continuing contract rights in the member 359.21 district according to this subdivision. 359.22 Upon returning, the teacher shall receive credit for: 359.23 (1) all years of continuous service under contract with the 359.24 cooperative and the member district for all purposes relating to 359.25 seniority, compensation, and employment benefits; and 359.26 (2) the teacher's current educational attainment on the 359.27 member district's salary schedule. 359.28 Subd. 7. [RIGHTS OF A TEACHER PLACED ON UNREQUESTED LEAVE 359.29 UPON WITHDRAWAL.] (a) This subdivision applies to a teacher who 359.30 is placed on unrequested leave of absence, according to section 359.31 125.12, subdivision 6a or 6b, in the year in which the 359.32 cooperative provides the notice required by subdivision 3, 359.33 clause (2), by a cooperative from which a member district is 359.34 withdrawing. 359.35 This subdivision applies to a district that, except as a 359.36 result of open enrollment according to section 120.062, provides 360.1 essentially the same instruction provided by the cooperative to 360.2 pupils enrolled in the withdrawing district. 360.3 (b) A teacher shall be appointed by a district to which 360.4 this subdivision applies to an available teaching position which: 360.5 (1) is in a field of licensure in which pupils enrolled in 360.6 the withdrawing district received instruction from the 360.7 cooperative; and 360.8 (2) is within the teacher's field of licensure. 360.9 For the purpose of this paragraph, an available teaching 360.10 position means any position that is vacant or would otherwise be 360.11 occupied by a probationary or provisionally licensed teacher. 360.12 (c) A board may not appoint a new teacher to an available 360.13 teaching position unless no teacher holding the requisite 360.14 license on unrequested leave from the cooperative has filed a 360.15 written request for appointment. The requestshallmust be 360.16 filed with the board of the appointing district within 30 days 360.17 of receiving written notice from the appointing board that it 360.18 has an available teaching position. If no teacher holding the 360.19 requisite license files a request according to this paragraph, 360.20 the district may fill the position as it sees fit. Available 360.21 teaching positionsshallmust be offered to teachers in order of 360.22 their seniority on a combined seniority list of the teachers 360.23 employed by the cooperative and the withdrawing member district. 360.24 (d) A teacher appointed according to this subdivision is 360.25 not required to serve a probationary period. The teacher shall 360.26 receive credit on the appointing district's salary schedule for 360.27 the teacher's years of continuous service under contract with 360.28 the cooperative and the member district and the teacher's 360.29 educational attainment at the time of appointment or shall 360.30 receive a comparable salary, whichever is less. The teacher 360.31 shall receive credit for accumulations of sick leave and rights 360.32 to severance benefits as if the teacher had been employed by the 360.33 member district during the teacher's years of employment by the 360.34 cooperative. 360.35 Subd. 8. [NONLICENSED EMPLOYEES UPON DISSOLUTION.] (a) A 360.36 nonlicensed employee who is terminated by a cooperative that 361.1 dissolves shall be appointed by a district that is a member of 361.2 the dissolved cooperative to a position that is created within 361.3 36 months of the dissolution of the cooperative and is created 361.4 as a result of the dissolution of the cooperative. A position 361.5shallmust be offered to a nonlicensed employee, who fulfills 361.6 the qualifications for that position, in order of the employee's 361.7 seniority within the dissolved cooperative. 361.8 (b) When an education support employee is terminated by a 361.9 cooperative that dissolves, a district that is a member of the 361.10 dissolved cooperativeshallmust appoint the employee to an 361.11 education support position if the position is created within 36 361.12 months of the dissolution of the cooperative as a result of the 361.13 dissolution. An education support positionshallmust be 361.14 offered to an education support employee, who fulfills the 361.15 qualifications for that position, in order of the employee's 361.16 seniority within the dissolved cooperative. 361.17 (c) An employee appointed according to this subdivision 361.18 shall receive credit for the employee's: 361.19 (1) continuous years of service with the cooperative on the 361.20 appointing district's compensation schedule and seniority list; 361.21 and 361.22 (2) unused sick leave accumulated while employed by the 361.23 cooperative. 361.24 (d) Notwithstanding section 179A.12 or Minnesota Rules, 361.25 part 5510.0510, subparts 1 to 4, a representation petition 361.26 seeking the exclusive representation of a unit of education 361.27 support employees employed by a district formerly a member of a 361.28 dissolved cooperative may be considered by the commissioner of 361.29 the bureau of mediation services at any time within 11 months of 361.30 the dissolution of the cooperative. 361.31 Subd. 9. [NONLICENSED EMPLOYEES UPON WITHDRAWAL.] (a) A 361.32 nonlicensed employee of a cooperative whose active employment is 361.33 discontinued or reduced as a result of the withdrawal of a 361.34 member district from the cooperative shall be appointed by the 361.35 withdrawing member district to a position that is created within 361.36 36 months of the withdrawal and is created as a result of the 362.1 withdrawal of the member district. A positionshallmust be 362.2 offered to a nonlicensed employee, who fulfills the 362.3 qualifications for that position, in order of the employee's 362.4 seniority within the cooperative from which a member district 362.5 withdraws. 362.6 (b) When an education support employee of a cooperative has 362.7 active employment discontinued or reduced as a result of the 362.8 withdrawal of a member district from the cooperative, the 362.9 withdrawing member districtshallmust appoint the employee to 362.10 an education support position if the position is created within 362.11 36 months of the withdrawal as a result of the withdrawal of the 362.12 member district. An education support positionshallmust be 362.13 offered to an education support employee, who meets the 362.14 qualifications for that position, in order of the employee's 362.15 seniority within the cooperative from which a member district 362.16 withdraws. 362.17 (c) An employee appointed according to this subdivision 362.18 shall receive credit for the employee's: 362.19 (1) continuous years of service with the cooperative on the 362.20 appointing district's compensation schedule and seniority list; 362.21 and 362.22 (2) unused sick leave accumulated while employed by the 362.23 cooperative. 362.24 (d) Notwithstanding section 179A.12 or Minnesota Rules, 362.25 part 5510.0510, subparts 1 to 4, a representation petition 362.26 seeking the exclusive representation of a unit of education 362.27 support employees employed by a member district which has 362.28 withdrawn from a cooperative may be considered by the 362.29 commissioner of the bureau of mediation services at any time 362.30 within 11 months of the district's withdrawal from the 362.31 cooperative. 362.32 Subd. 10. [COOPERATIVES THAT MERGE.] Notwithstanding 362.33 subdivisions 1 to 9, the following paragraphs apply to 362.34 cooperatives that merge. 362.35 (a) If a cooperative enters into an agreement to merge with 362.36 another cooperative, the boards of the cooperatives and the 363.1 exclusive representatives of the teachers in the cooperatives 363.2 and the teachers in each member district may negotiate a plan to 363.3 assign or employ in a member district or to place on unrequested 363.4 leave of absence all teachers whose positions are discontinued 363.5 as a result of the agreement. If plans are negotiated and if 363.6 the boards determine the plans are compatible, the boardsshall363.7 must include the plans in their agreement. 363.8 (b) If compatible plans are not negotiated under paragraph 363.9 (a) by the March 1 preceding the effective date of the merger of 363.10 the cooperatives, subdivisions 2 to 9 apply to teachers and 363.11 nonlicensed employees whose positions are terminated as a result 363.12 of an agreement to merge cooperatives. 363.13 Sec. 40. Minnesota Statutes 1996, section 122.91, is 363.14 amended to read: 363.15 122.91 [EDUCATION DISTRICT ESTABLISHMENT.] 363.16 Subdivision 1. [PURPOSE.] The purpose of an education 363.17 district is to increase educational opportunities for learners 363.18 by increasing cooperation and coordination among school 363.19 districts, other governmental units, and post-secondary 363.20 institutions, and to replace other existing cooperative 363.21 structures. 363.22 Subd. 2. [AGREEMENT.]SchoolBoards meeting the 363.23 requirements of subdivision 3 may enter into a written agreement 363.24 to establish an education district. Once established, cities, 363.25 counties, and other governmental units as defined in section 363.26 471.59, may become members of the education district. The 363.27 agreement and subsequent amendments must be adopted by majority 363.28 vote of the full membership of each board. 363.29 Subd. 2a. [AGREEMENT; SPECIAL PROVISIONS.] The education 363.30 district agreement may contain a special provision adopted by 363.31 the vote of a majority of the full membership of each of the 363.32 boards of the memberschooldistricts to allow a post-secondary 363.33 institution or cities, counties, and other governmental units to 363.34 become a member of the education district. 363.35 Subd. 3. [REQUIREMENTS FOR FORMATION.] An education 363.36 district must have one of the following at the time of formation: 364.1 (1) at least five districts; 364.2 (2) at least four districts with a total of at least 5,000 364.3 pupils in average daily membership; or 364.4 (3) at least four districts with a total of at least 2,000 364.5 square miles. 364.6 Members of an education district must be contiguous. 364.7 Districts with a cooperation agreement according to section 364.8 122.541 may belong to an education district only as a unit. 364.9 A noncontiguous district may be a member of an education 364.10 district if the state board of education determines that: 364.11 (1) a district between the education district and the 364.12 noncontiguous district has considered and is unwilling to become 364.13 a member; or 364.14 (2) a noncontiguous configuration of member districts has 364.15 sufficient technological or other resources to offer effective 364.16 levels of programs and services. 364.17 Subd. 3a. [MEETING WITH REPRESENTATIVES.] Before entering 364.18 into an agreement, theschoolboard of each member district must 364.19 meet and confer with the exclusive representatives of the 364.20 teachers of eachschooldistrict proposing to enter the 364.21 education district. 364.22 Subd. 4. [NOTICE AND HEARING.] Before entering into an 364.23 agreement, theschoolboard of each member districtshallmust 364.24 publish a summary of the proposed agreement and its effect upon 364.25 the district at least once in a newspaper of general circulation 364.26 in the districta summary of the proposed agreement and its364.27effect upon the district. The boardshallmust conduct a public 364.28 hearing on the proposed agreement not more than ten days after 364.29 the notice and at least 30 days before entering into an 364.30 agreement. 364.31 Subd. 6. [SERVICE COOPERATIVES.] If requested, service 364.32 cooperativesshallmust provide assistance to districts in 364.33 establishing education districts. The assistance may include 364.34 determination of appropriate boundaries of the education 364.35 district and development of the agreement. The service 364.36 cooperatives may provide any other services requested by the 365.1 education district. 365.2 Sec. 41. Minnesota Statutes 1996, section 122.93, 365.3 subdivision 3, is amended to read: 365.4 Subd. 3. [CONTRACTS.] The board may enter into contracts 365.5 withschooldistricts and other public and private agencies to 365.6 provide services needed in the education district. 365.7 Sec. 42. Minnesota Statutes 1996, section 122.93, 365.8 subdivision 8, is amended to read: 365.9 Subd. 8. [DISCONTINUING GRADES.] The board of aschool365.10 district that is a member of an education district may 365.11 discontinue any of kindergarten through grade 12 or part of 365.12 those grades and provide instruction for those grades or parts 365.13 of grades within the education district. 365.14 Sec. 43. Minnesota Statutes 1996, section 122.95, is 365.15 amended to read: 365.16 122.95 [TEACHING POSITIONS.] 365.17 Subdivision 1. [DEFINITION.] For the purposes of this 365.18 section, "teacher"has the meaning given it in section 125.12,365.19subdivision 1, except that itdoes not include a superintendent. 365.20 Subd. 1a. [FILLING POSITIONS; NEGOTIATED AGREEMENTS.] 365.21 Theschoolboards in all member districts and exclusive 365.22 bargaining representatives of the teachers in all member 365.23 districts may negotiate a plan for filling positions resulting 365.24 from implementation of the education district agreement. If the 365.25 plan is negotiated among the memberschooldistricts and the 365.26 exclusive bargaining representative of each memberschool365.27 district and unanimously agreed upon, in writing, the education 365.28 districtshallmust include the plan in the education district 365.29 agreement. If a plan is not negotiated, the education district 365.30 is governed by subdivision 2. 365.31 Subd. 2. [FILLING POSITIONS.] (a) When an education 365.32 district board or a member board is filling a position resulting 365.33 from implementation of the agreement, the board may offer the 365.34 position to a teacher currently employed by a member district 365.35 according to the exchange teacher provisions of section 125.13. 365.36 (b) If the position is not filled by a currently employed 366.1 teacher, the boardshallmust offer the position to an available 366.2 teacher in the order of seniority in fields of licensure on a 366.3 combined seniority list of all available teachers in the member 366.4 districts. For the purpose of establishing a combined seniority 366.5 list, eachschooldistrict must be considered to have started 366.6 school each year on the same date. An available teacher is a 366.7 teacher in a member district who: 366.8 (1) was placed on unrequested leave of absence by a member 366.9 district, according to section 125.12, subdivision 6a or 6b, or 366.10 was terminated according to section 125.17, subdivision 11, not 366.11 more than one year before the initial formation of an education 366.12 district as a result of an intention to enter into an education 366.13 district agreement; 366.14 (2) was placed on unrequested leave of absence by a member 366.15 district, according to section 125.12, subdivision 6a or 6b, or 366.16 was terminated according to section 125.17, subdivision 11, as a 366.17 result of implementing the education district agreement, after 366.18 the formation of the education district; or 366.19 (3) is placed on unrequested leave of absence by a member 366.20 district, according to section 125.12, subdivision 6a or 6b, or 366.21 is terminated according to section 125.17, subdivision 11, as a 366.22 result of implementing the education district, in the same year 366.23 the position is filled. 366.24 (c) If no currently employed teacher or available teacher 366.25 accepts the position, the board may fill the position with any 366.26 other teacher. 366.27 (d) Any teacher who has been placed on unrequested leave of 366.28 absence or who has been terminated has a right to a position 366.29 only as long as the teacher has a right to reinstatement in a 366.30 member district under section 125.12, subdivision 6a or 6b, or 366.31 125.17, subdivision 11. 366.32 Subd. 3. [PROBATION AND TERMINATION.] Notwithstanding 366.33 section 125.12, subdivision 3, a teacher who has acquired 366.34 continuing contract rights in a member district and who 366.35 transfers employment from a member district to the education 366.36 district or to another member district does not have to serve a 367.1 probationary period. A teacher who is terminated or discharged 367.2 by a member district according to section 125.12, subdivision 6 367.3 or 8, or 125.17, subdivision 4, has no right to any position 367.4 under this section. 367.5 Subd. 4. [DETERMINATION OF REASON FOR LEAVE.] When a 367.6 school board that intends to enter into an education district 367.7 agreement, and at the time aschoolboard that has entered into 367.8 an education district agreement places a teacher on unrequested 367.9 leave of absence, according to section 125.12, subdivision 6a or 367.10 6b, or terminates a teacher's services under section 125.17, 367.11 subdivision 11, the boardshallmust make a determination 367.12 whether the placement or termination is a result of implementing 367.13 the education district agreement. That determinationshallmust 367.14 be included in the notice of proposed placement or termination, 367.15 may be reviewed at a hearing upon request of the teacher, 367.16 andshallmust be included in the notice of final action of the 367.17 board. If the determination is not disputed by the teacher 367.18 before June 1 or the final date required for action by the 367.19 board, the teacher shall be deemed to acquiesce in the board's 367.20 determination. 367.21 Sec. 44. [122.982] [SERVICE COOPERATIVES.] 367.22 Subdivision 1. [ESTABLISHMENT OF SERVICE COOPERATIVES.] 367.23 (a) Ten service cooperatives, hereafter designated as SCs, are 367.24 established. Geographical boundaries for each SC shall coincide 367.25 with those identified in governor's executive orders 8, dated 367.26 September 1, 1971, and 59, dated May 29, 1973, issued pursuant 367.27 to the regional development act of 1969, Minnesota Statutes, 367.28 sections 462.381 to 462.397, with the following exceptions: 367.29 (1) development regions one and two shall be combined to 367.30 form a single SC; 367.31 (2) development regions six east and six west shall be 367.32 combined to form a single SC; and 367.33 (3) development regions seven east and seven west shall be 367.34 combined to form a single SC. 367.35 (b) The SC must cooperate with the regional development 367.36 commission for the region with which its boundaries coincide but 368.1 shall not be responsible to nor governed by that regional 368.2 development commission. 368.3 (c) Two or more identified SCs may, upon approval by a 368.4 majority of the members in each affected SC, be combined and 368.5 administered as a single SC. 368.6 Subd. 2. [PURPOSE OF SC.] The primary purposes of 368.7 designation as a SC shall be to perform planning on a regional 368.8 basis and to assist in meeting specific needs of clients in 368.9 participating governmental units which could be better provided 368.10 by a SC than by the members themselves. The SC must provide 368.11 those programs and services which are determined, pursuant to 368.12 subdivision 7, to be priority needs of the particular region and 368.13 must assist in meeting special needs which arise from 368.14 fundamental constraints upon individual members. 368.15 Subd. 3. [MEMBERSHIP AND PARTICIPATION.] Full membership 368.16 in a SC shall be limited to public school districts, cities, 368.17 counties, and other governmental units as defined in section 368.18 471.59, but nonvoting memberships shall be available to 368.19 nonpublic school administrative units and other partnership 368.20 agencies or organizations within the SC. A school district, 368.21 city, county, or other governmental unit or nonprofit 368.22 organization may belong to one or more SCs. Participation in 368.23 programs and services provided by the SC shall be 368.24 discretionary. No school district, city, county, or other 368.25 governmental unit shall be compelled to participate in these 368.26 services under authority of this section. Nonpublic school 368.27 students and personnel are encouraged to participate in programs 368.28 and services to the extent allowed by law. 368.29 Subd. 4. [GOVERNING BOARD.] (a) The care, management, and 368.30 control of a SC shall be vested in a board of directors composed 368.31 of not less than six nor more than 15 members. A majority of 368.32 the members of the SC board of directors shall be current 368.33 members of school boards of participating public school 368.34 districts. Election of the school board members to the SC board 368.35 of directors shall be by vote of all current school board 368.36 members of participating public school districts with each 369.1 school board member having one vote. The remaining board 369.2 members may be representatives at large appointed by the board 369.3 members or elected as representatives by other participating 369.4 agencies, such as cities, counties, or other governmental units. 369.5 (b) The election timeline shall be compatible with those 369.6 for school board members and shall be addressed within the 369.7 bylaws of each SC. 369.8 (c) A vacancy on the SC board which results in an unexpired 369.9 term may be filled by appointment by the SC board of directors 369.10 until such vacancy can be filled at the next board election. 369.11 (d) At the organizational meeting, the SC board shall 369.12 choose its officers and conduct any other necessary 369.13 organizational business. The SC board may, at its discretion, 369.14 appoint up to three members at large to the SC board as ex 369.15 officio, nonvoting members of the board and shall encourage the 369.16 advisory participation of a cross-section of school and agency 369.17 personnel within the SC to the extent allowed by law. 369.18 (e) The officers of the SC board shall be a chair, 369.19 vice-chair, clerk, and treasurer, no two of whom when possible 369.20 shall be from the same agency. 369.21 (f) A member of the SC board shall have the same liability 369.22 applicable to a member of an independent school board or other 369.23 elected governmental officials. 369.24 Subd. 5. [DUTIES AND POWERS OF SC BOARD OF DIRECTORS.] The 369.25 board of directors shall have authority to maintain and operate 369.26 a SC. Subject to the availability of necessary resources, the 369.27 powers and duties of this board shall include the following: 369.28 (a) The board of directors shall submit, by June 1 of each 369.29 year to each participating member, an annual plan which 369.30 describes the objectives and procedures to be implemented in 369.31 assisting in resolution of the needs of the SC. 369.32 (b) The SC board of directors shall provide adequate 369.33 office, service center, and administrative facilities by lease, 369.34 purchase, gift, or otherwise. 369.35 (c) The SC board of directors shall employ a central 369.36 administrative staff and other personnel as necessary to provide 370.1 and support the agreed upon programs and services. The board 370.2 may discharge staff and personnel pursuant to applicable 370.3 provisions of law. SC staff and personnel may participate in 370.4 retirement programs and any other programs available to public 370.5 school staff and personnel. 370.6 (d) The SC board of directors may appoint special advisory 370.7 committees composed of superintendents, central office 370.8 personnel, building principals, teachers, parents, lay persons, 370.9 and representatives from cities, counties, and other 370.10 governmental units. 370.11 (e) The SC board of directors may employ service area 370.12 personnel pursuant to licensure and certification standards 370.13 developed by the appropriate state agency such as the state 370.14 board and the state board of teaching. 370.15 (f) The SC board of directors may enter into contracts with 370.16 school boards of local districts including school districts 370.17 outside the SC area. 370.18 (g) The SC board of directors may enter into contracts with 370.19 other public and private agencies and institutions to provide 370.20 administrative staff and other personnel as necessary to furnish 370.21 and support the agreed upon programs and services. 370.22 (h) The SC board of directors shall exercise all powers and 370.23 carry out all duties delegated to it by members under provisions 370.24 of the SC bylaws. The SC board of directors shall be governed, 370.25 when not otherwise provided, by applicable laws of the state. 370.26 (i) The SC board of directors shall submit an annual 370.27 evaluation report of the effectiveness of programs and services 370.28 to the members by September 1 of each year following the 370.29 previous June 30 in which the programs and services were 370.30 provided. 370.31 (j) The SC board is encouraged to establish cooperative, 370.32 working relationships and partnerships with post-secondary 370.33 educational institutions, other public agencies, business, and 370.34 industry. 370.35 Subd. 6. [APPOINTMENT OF AN ADVISORY COUNCIL.] There may 370.36 be advisory councils selected to give advice and counsel to the 371.1 SC board of directors. The councils may be composed of 371.2 representatives from public and nonpublic schools, cities, 371.3 counties, and other governmental units. 371.4 Subd. 7. [EDUCATIONAL PROGRAMS AND SERVICES.] The board of 371.5 directors of each SC shall submit annually a plan to the 371.6 members. The plan shall identify the programs and services 371.7 which are suggested for implementation by the SC during the 371.8 following year and shall contain components of long-range 371.9 planning determined by the SC. These programs and services may 371.10 include, but are not limited to, the following areas: 371.11 (1) administrative services; 371.12 (2) curriculum development; 371.13 (3) data processing; 371.14 (4) distance learning and other telecommunication services; 371.15 (5) evaluation and research; 371.16 (6) staff development; 371.17 (7) media and technology centers; 371.18 (8) publication and dissemination of materials; 371.19 (9) pupil personnel services; 371.20 (10) planning; 371.21 (11) secondary, post-secondary, community, adult, and adult 371.22 vocational education; 371.23 (12) teaching and learning services, including services for 371.24 students with special talents and special needs; 371.25 (13) employee personnel services; 371.26 (14) vocational rehabilitation; 371.27 (15) health, diagnostic, and child development services and 371.28 centers; 371.29 (16) leadership or direction in early childhood and family 371.30 education; 371.31 (17) community services; 371.32 (18) shared time programs; 371.33 (19) fiscal services and risk management programs; 371.34 (20) technology planning, training, and support services; 371.35 (21) health and safety services; 371.36 (22) student academic challenges; and 372.1 (23) cooperative purchasing services. 372.2 Subd. 8. [TECHNICAL ASSISTANCE.] Service cooperatives 372.3 shall, to the extent possible, make technical assistance for 372.4 long-range planning available to school districts upon request 372.5 and shall establish a common database for local and regional 372.6 decision making. 372.7 Subd. 9. [FINANCIAL SUPPORT FOR THE SERVICE 372.8 COOPERATIVES.] (a) Financial support for SC programs and 372.9 services shall be provided by participating members with 372.10 private, state, and federal financial support supplementing as 372.11 available. The SC board of directors may, in each year, for the 372.12 purpose of paying any administrative, planning, operating, or 372.13 capital expenses incurred or to be incurred, assess and certify 372.14 to each participating school district, nonpublic school 372.15 administrative unit, city, county, and other governmental unit 372.16 its proportionate share of all expenses. This share shall be 372.17 based upon the extent of participation by each school district, 372.18 nonpublic school administrative unit, city, county, or other 372.19 governmental unit and shall be in the form of a service fee. 372.20 Each participating school district, nonpublic school 372.21 administrative unit, city, county, or other governmental unit 372.22 shall remit its assessment to the SC board as provided in the SC 372.23 bylaws. The assessments shall be paid within the maximum levy 372.24 limitations of each participating member. No participating 372.25 member shall have any additional liability for the debts or 372.26 obligations of the SC except that assessment which has been 372.27 certified as its proportionate share and any other liability the 372.28 member assumes under section 123.35, subdivision 19b. 372.29 (b) Any property acquired by the SC board is public 372.30 property to be used for essential public and governmental 372.31 purposes which shall be exempt from all taxes and special 372.32 assessments levied by a city, county, state, or political 372.33 subdivision thereof. If the SC is dissolved, its property must 372.34 be distributed to the members at the time of the dissolution. 372.35 (c) A member may elect to withdraw participation in the SC 372.36 by a majority vote of its full board membership and upon 373.1 compliance with the applicable withdrawal provisions of the SC 373.2 organizational agreement. The withdrawal shall be effective on 373.3 the June 30 following receipt by the board of directors of 373.4 written notification of the withdrawal by February 1 of the same 373.5 year. Notwithstanding the withdrawal, the proportionate share 373.6 of any expenses already certified to the withdrawing member for 373.7 the SC shall be paid to the SC board. 373.8 (d) The SC is a public corporation and agency and its board 373.9 of directors may make application for, accept, and expend 373.10 private, state, and federal funds that are available for 373.11 programs of the members. 373.12 (e) The SC is a public corporation and agency and as such, 373.13 no earnings or interests of the SC may inure to the benefit of 373.14 an individual or private entity. 373.15 Subd. 10. [ANNUAL MEETING.] Each SC shall conduct a 373.16 meeting at least annually for its members. 373.17 Subd. 11. [JOINT POWERS ACT.] Nothing in this section 373.18 shall restrict the authority granted to school district boards 373.19 of education by section 471.59. 373.20 Sec. 45. [122.983] [COOPERATIVE CENTERS FOR VOCATIONAL 373.21 EDUCATION.] 373.22 Subdivision 1. [ESTABLISHMENT.] Two or more independent 373.23 school districts may enter into an agreement to establish a 373.24 cooperative center to provide for vocational education and other 373.25 educational services upon the vote of a majority of the full 373.26 membership of each of the boards of the districts entering into 373.27 the agreement. The agreement may also provide for membership by 373.28 cities, counties, and other governmental units as defined in 373.29 section 471.59. When a resolution approving this action has 373.30 been adopted by the board of a district, the resolution shall be 373.31 published once in a newspaper of general circulation in the 373.32 district. If a petition for referendum on the question of the 373.33 district entering into the agreement, containing signatures of 373.34 qualified voters of the district equal to five percent of the 373.35 number of voters at the last school district general election, 373.36 is filed with the clerk of the board within 60 days after 374.1 publication of the resolution, the board must not enter into the 374.2 agreement until the question has been submitted to the voters of 374.3 the district at a special election. This election must be 374.4 conducted and canvassed in the same manner as school district 374.5 general elections. If a majority of the total number of votes 374.6 cast on the question within the district is in favor of the 374.7 proposition, the board may enter into an agreement to establish 374.8 the center for purposes described in this section. 374.9 Subd. 2. [NAME.] A public corporation so created shall be 374.10 known as ....(insert name).... cooperative center no. ..... 374.11 and shall have an identification number assigned pursuant to 374.12 section 122.03. 374.13 Subd. 3. [GOVERNING BOARD.] (a) The center must be 374.14 operated by a center board of not less than five members which 374.15 shall consist of members from boards of each of the 374.16 participating districts within the center and member cities, 374.17 counties, and other governmental units, appointed by their 374.18 respective boards. Each participating district must have at 374.19 least one member on the board. The board must choose an 374.20 administrative officer to administer board policy and directives 374.21 who shall serve as an ex officio member of the board but shall 374.22 not have a vote. 374.23 (b) The terms of office of the first members of the center 374.24 board must be determined by lot as follows: one-third of the 374.25 members for one year, one-third for two years, and the remainder 374.26 for three years, all terms to expire on June 30 of the 374.27 appropriate year; provided that if the number of members is not 374.28 evenly divisible by three, the membership will be as evenly 374.29 distributed as possible among one, two and three year terms with 374.30 the remaining members serving the three year term. Thereafter 374.31 the terms shall be for three years commencing on July 1 of each 374.32 year. If a vacancy occurs on the center board, it must be 374.33 filled by the appropriate school board within 90 days. A person 374.34 appointed to the center board shall qualify as a board member by 374.35 filing with the chair a written certificate of appointment from 374.36 the appointing school board. 375.1 (c) The first meeting of a center board must be at a time 375.2 mutually agreed upon by board members. At this meeting, the 375.3 center board must choose its officers and conduct any other 375.4 necessary organizational business. Thereafter the center board 375.5 must meet on the first of July of each year or as soon 375.6 thereafter as practicable pursuant to notice sent to all center 375.7 board members by the chief executive officer of the center. 375.8 (d) The officers of the center board shall be a chair, 375.9 vice-chair, clerk and treasurer, no two of whom when possible 375.10 shall be from the same school district. The chair shall preside 375.11 at all meetings of the center board except in the chair's 375.12 absence the vice-chair shall preside. The clerk shall keep a 375.13 complete record of the minutes of each meeting and the treasurer 375.14 shall be the custodian of the funds of the center. Insofar as 375.15 applicable, sections 123.33 and 123.34, shall apply to the board 375.16 and officers of the center. 375.17 (e) Each participating district must have equal voting 375.18 power with at least one vote. A majority of the center board 375.19 shall be a quorum. Any motion other than adjournment shall pass 375.20 only upon receiving a majority of the votes of the entire center 375.21 board. 375.22 Subd. 4. [POWERS AND DUTIES.] (a) The center board shall 375.23 have the general charge of the business of the center and the 375.24 ownership of facilities. Where applicable, section 123.36, 375.25 shall apply. The center board may not issue bonds in its 375.26 behalf. Each participating district may issue its bonds for the 375.27 purpose of acquisition and betterment of center facilities in 375.28 the amount certified by the center board to such participating 375.29 district in accordance with chapter 475. 375.30 (b) The center board (1) may furnish vocational offerings 375.31 to any eligible person residing in any participating district; 375.32 (2) may provide special education for the handicapped and 375.33 disadvantaged; and (3) may provide any other educational 375.34 programs or services defined in section 123.582, subdivisions 7 375.35 and 8, agreed upon by the participating members. Academic 375.36 offerings shall be provided only under the direction of properly 376.1 licensed academic supervisory personnel. 376.2 (c) In accordance with subdivision 5, clause (b), the 376.3 center board shall certify to each participating district the 376.4 amount of funds assessed to the district as its proportionate 376.5 share required for the conduct of the educational programs, 376.6 payment of indebtedness, and all other proper expenses of the 376.7 center. 376.8 (d) The center board must employ and contract with 376.9 necessary qualified teachers and administrators and may 376.10 discharge the same for cause pursuant to section 125.12. The 376.11 authority for selection and employment of a director shall be 376.12 vested in the center board. Notwithstanding the provisions of 376.13 section 125.12, subdivision 6a or 6b, no individual shall have a 376.14 right to employment as a director based on seniority or order of 376.15 employment by the center. The board may employ and discharge 376.16 other necessary employees and may contract for other services 376.17 deemed necessary. 376.18 (e) The center board may provide an educational program for 376.19 secondary and adult vocational phases of instruction. The high 376.20 school phase of its educational program must be offered as a 376.21 component of the comprehensive curriculum offered by each of the 376.22 participating school districts. Graduation must be from the 376.23 student's resident high school district. Insofar as applicable, 376.24 sections 123.35 to 123.40, shall apply. 376.25 (f) The center board may prescribe rates of tuition for 376.26 attendance in its programs by adults and nonmember district 376.27 secondary students. 376.28 Subd. 5. [FINANCING.] (a) Any center board established 376.29 pursuant to this section is a public corporation and agency and 376.30 may receive and disburse federal, state, and local funds made 376.31 available to it. A participating school district or member must 376.32 not have any additional individual liability for the debts or 376.33 obligations of the center except that assessment which has been 376.34 certified as its proportionate share in accordance with 376.35 subdivision 5, clause (b) and subdivision 4, clauses (a) and 376.36 (c). A member of the center board shall have such liability as 377.1 is applicable to a member of an independent school district 377.2 board. Any property, real or personal, acquired or owned by the 377.3 center board for its purposes shall be exempt from taxation by 377.4 the state or any of its political subdivisions. 377.5 (b) The center board may, in each year, for the purpose of 377.6 paying any administrative, planning, operating, or capital 377.7 expenses incurred or to be incurred, assess and certify to each 377.8 participating school district its proportionate share of any and 377.9 all expenses. This share must be based upon an equitable 377.10 distribution formula agreed upon by the participating 377.11 districts. Each participating district shall remit its 377.12 assessment to the center board within 30 days after receipt. 377.13 The assessments shall be paid within the maximum levy 377.14 limitations of each participating district. 377.15 Subd. 6. [COMMISSIONER APPROVAL.] Prior to the 377.16 commencement of the operation of any center the agreement 377.17 entered into by participating districts shall be approved by the 377.18 commissioner. 377.19 Subd. 7. [LAWS GOVERNING INDEPENDENT SCHOOL DISTRICTS 377.20 APPLICABLE.] As of the effective date of the creation of any 377.21 center as contained in the agreement establishing the center, 377.22 the organization, operation, maintenance, and conduct of the 377.23 affairs of the center shall be governed by the general laws 377.24 relating to independent school districts of the state unless 377.25 provided otherwise herein or by statute passed hereafter. 377.26 Subd. 8. [ADDITION AND WITHDRAWAL OF DISTRICTS.] Upon 377.27 approval by majority vote of a board and of the center board, an 377.28 adjoining district may become a member in the center and be 377.29 governed by the provisions of this section and the agreement in 377.30 effect. 377.31 Any participating district may withdraw from the center and 377.32 from the agreement in effect by a majority vote of the full 377.33 board membership of the participating district desiring 377.34 withdrawal and upon compliance with provisions in the agreement 377.35 establishing the center. Upon receipt of the withdrawal 377.36 resolution reciting the necessary facts, the center board must 378.1 file a certified copy with the county auditors of the counties 378.2 affected. The withdrawal shall become effective at the end of 378.3 the next following school year but the withdrawal shall not 378.4 affect the continued liability of the withdrawing district for 378.5 bonded indebtedness it incurred prior to the effective 378.6 withdrawal date. 378.7 Subd. 8a. [DISSOLUTION.] The boards of each participating 378.8 district may agree to dissolve a center effective at the end of 378.9 any school year or at an earlier time as they may mutually 378.10 agree. A dissolution must be accomplished in accordance with 378.11 any applicable provisions of the agreement establishing the 378.12 center. Upon receipt of the dissolution resolutions from the 378.13 boards of the participating districts, the center board shall 378.14 file a certified copy with the county auditors of the counties 378.15 affected. The dissolution must not affect the continuing 378.16 liability of the previously participating districts for bonded 378.17 indebtedness incurred prior to the dissolution, or for other 378.18 continuing obligations, including reemployment insurance. 378.19 Subd. 9. [EXISTING CENTERS.] Centers operating pursuant to 378.20 section 471.59 which have been approved by the state board of 378.21 education prior to August 1, 1974, shall be subject to its 378.22 provisions except subdivision 1. Any changes in center 378.23 agreements necessary to comply with this section shall be 378.24 completed within 12 months after August 1, 1974, and filed with 378.25 the commissioner by the administrator of each center. Centers 378.26 operating pursuant to Laws 1967, chapter 822, as amended, Laws 378.27 1969, chapter 775, as amended, and Laws 1969, chapter 1060, as 378.28 amended shall not be subject to the provisions of this section. 378.29 Subd. 10. [REVENUE.] A secondary vocational cooperative 378.30 may be eligible for revenue under section 124.573. 378.31 Sec. 46. [122.984] [COOPERATIVE UNIT; FINANCIAL SUPPORT; 378.32 WITHDRAWAL; APPEAL.] 378.33 Subdivision 1. [LIMITATION ON PARTICIPATION AND FINANCIAL 378.34 SUPPORT.] (a) No district must be required by any type of formal 378.35 or informal agreement except an agreement to provide building 378.36 space according to paragraph (f), including a joint powers 379.1 agreement, or membership in any cooperative unit defined in 379.2 subdivision 2, paragraph (d), to participate in or provide 379.3 financial support for the purposes of the agreement for a time 379.4 period in excess of one fiscal year, or the time period set 379.5 forth in this subdivision. Any agreement, part of an agreement, 379.6 or other type of requirement to the contrary is void. 379.7 (b) This subdivision shall not affect the continued 379.8 liability of a district for its share of bonded indebtedness or 379.9 other debt incurred as a result of any agreement before July 1, 379.10 1993. The district is liable only until the obligation or debt 379.11 is discharged and only according to the payment schedule in 379.12 effect on July 1, 1993, except that the payment schedule may be 379.13 altered for the purpose of restructuring debt or refunding bonds 379.14 outstanding on July 1, 1993, if the annual payments of the 379.15 district are not increased and if the total obligation of the 379.16 school district for its share of outstanding bonds or other debt 379.17 is not increased. 379.18 (c) To cease participating in or providing financial 379.19 support for any of the services or activities relating to the 379.20 agreement or to terminate participation in the agreement, the 379.21 board must adopt a resolution and notify other parties to the 379.22 agreement of its decision on or before February 1 of any year. 379.23 The cessation or withdrawal shall be effective June 30 of the 379.24 same year except that for a member of an education district 379.25 organized under sections 122.91 to 122.95 or an intermediate 379.26 district organized under chapter 136D, cessation or withdrawal 379.27 shall be effective June 30 of the following fiscal year. At the 379.28 option of the board, cessation or withdrawal may be effective 379.29 June 30 of the following fiscal year for a district 379.30 participating in any type of agreement. 379.31 (d) Before issuing bonds or incurring other debt, the 379.32 governing body responsible for implementing the agreement must 379.33 adopt a resolution proposing to issue bonds or incur other debt 379.34 and the proposed financial effect of the bonds or other debt 379.35 upon each participating district. The resolution must be 379.36 adopted within a time sufficient to allow the board to adopt a 380.1 resolution within the time permitted by this paragraph and to 380.2 comply with the statutory deadlines set forth in sections 380.3 122.895, 125.12, and 125.17. The governing body responsible for 380.4 implementing the agreement shall notify each participating board 380.5 of the contents of the resolution. Within 120 days of receiving 380.6 the resolution of the governing body, the school board of the 380.7 participating district shall adopt a resolution stating: 380.8 (1) its concurrence with issuing bonds or incurring other 380.9 debt; 380.10 (2) its intention to cease participating in or providing 380.11 financial support for the service or activity related to the 380.12 bonds or other debt; or 380.13 (3) its intention to terminate participation in the 380.14 agreement. 380.15 A board adopting a resolution according to clause (1) is 380.16 liable for its share of bonded indebtedness or other debt as 380.17 proposed by the governing body implementing the agreement. A 380.18 school board adopting a resolution according to clause (2) is 380.19 not liable for the bonded indebtedness or other debt, as 380.20 proposed by the governing body, related to the services or 380.21 activities in which the district ceases participating or 380.22 providing financial support. A board adopting a resolution 380.23 according to clause (3) is not liable for the bonded 380.24 indebtedness or other debt proposed by the governing body 380.25 implementing the agreement. 380.26 (e) After July 1, 1993, a district is liable according to 380.27 paragraph (d) for its share of bonded indebtedness or other debt 380.28 incurred by the governing body implementing the agreement to the 380.29 extent that the bonds or other debt are directly related to the 380.30 services or activities in which the district participates or for 380.31 which the district provides financial support. The district has 380.32 continued liability only until the obligation or debt is 380.33 discharged and only according to the payment schedule in effect 380.34 at the time the governing body implementing the agreement 380.35 provides notice to the board, except that the payment schedule 380.36 may be altered for the purpose of refunding the outstanding 381.1 bonds or restructuring other debt if the annual payments of the 381.2 district are not increased and if the total obligation of the 381.3 district for the outstanding bonds or other debt is not 381.4 increased. 381.5 (f) A district that is a member of a cooperative unit as 381.6 defined in subdivision 19b, paragraph (d), may obligate itself 381.7 to participate in and provide financial support for an agreement 381.8 with a cooperative unit to provide school building space for a 381.9 term not to exceed two years with an option on the part of the 381.10 district to renew for an additional two years. 381.11 Subd. 2. [WITHDRAWING FROM COOPERATIVE.] If a district 381.12 withdraws from a cooperative unit defined in paragraph (d), the 381.13 distribution of assets and assignment of liabilities to the 381.14 withdrawing district shall be determined according to this 381.15 subdivision. 381.16 (a) The withdrawing district remains responsible for its 381.17 share of debt incurred by the cooperative unit according to 381.18 subdivision 1. The district and cooperative unit may mutually 381.19 agree, through a board resolution by each, to terms and 381.20 conditions of the distribution of assets and the assignment of 381.21 liabilities. 381.22 (b) If the cooperative unit and the district cannot agree 381.23 on the terms and conditions, the commissioner shall resolve the 381.24 dispute by determining the district's proportionate share of 381.25 assets and liabilities based on the district's enrollment, 381.26 financial contribution, usage, or other factor or combination of 381.27 factors determined appropriate by the commissioner. The assets 381.28 must be disbursed to the withdrawing district in a manner that 381.29 minimizes financial disruption to the cooperative unit. 381.30 (c) Assets related to an insurance pool shall not be 381.31 disbursed to a member district under paragraph (b). 381.32 (d) For the purposes of this section, a cooperative unit is: 381.33 (1) an education district organized under sections 122.91 381.34 to 122.95; 381.35 (2) a cooperative vocational center organized under section 381.36 123.351; 382.1 (3) an intermediate district organized under chapter 136D; 382.2 (4) a service cooperative organized under section 123.582; 382.3 or 382.4 (5) a regional management information center organized 382.5 under section 121.935 or as a joint powers district according to 382.6 section 471.59. 382.7 Subd. 3. [APPEAL TO COMMISSIONER.] If a cooperative unit 382.8 as defined in subdivision 2, paragraph (d), denies membership in 382.9 the unit to a district, the district may appeal to the 382.10 commissioner. The commissioner may require the cooperative unit 382.11 to grant the district membership. 382.12 Sec. 47. [122.985] [PROHIBITED AID AND LEVIES.] 382.13 Unless specifically permitted in the provision authorizing 382.14 an aid or a levy, cooperative units of government defined in 382.15 section 122.984, subdivision 2, paragraph (d), are prohibited 382.16 from making a property tax levy or qualifying for or receiving 382.17 any form of state aid except that a cooperative unit may apply 382.18 for and receive a grant on behalf of its members. 382.19 Sec. 48. [122.986] [AREA LEARNING CENTER ORGANIZATION.] 382.20 Subdivision 1. [GOVERNANCE.] A district may establish an 382.21 area learning center either by itself or in cooperation with 382.22 other districts, a SC, an intermediate school district, a local 382.23 education and employment transitions partnership, public and 382.24 private secondary and post-secondary institutions, public 382.25 agencies, businesses, and foundations. Except for a district 382.26 located in a city of the first class, a center must serve the 382.27 geographic area of at least two districts. 382.28 Subd. 2. [RESERVE REVENUE.] Each district that is a member 382.29 of an area learning center must reserve revenue in an amount 382.30 equal to at least 90 percent of the basic revenue generated by 382.31 each student attending an area learning center program under 382.32 this section. The amount of reserved revenue under this 382.33 subdivision may only be spent on program costs associated with 382.34 the area learning center. 382.35 Subd. 3. [ACCESS TO SERVICES.] A center shall have access 382.36 to the district's regular education programs, technology 383.1 facilities, and staff. It may contract with individuals or 383.2 post-secondary institutions. It shall seek the involvement of 383.3 community education programs, post-secondary institutions, 383.4 community resources, businesses, and other federal, state, and 383.5 local public agencies. 383.6 Subd. 4. [NONRESIDENT PUPILS.] A pupil who does not reside 383.7 in the district may attend a center without consent of the 383.8 school board of the district of residence. 383.9 Sec. 49. [122.987] [CENTER PROGRAMS AND SERVICES.] 383.10 Subdivision 1. [PROGRAM FOCUS.] The programs and services 383.11 of a center must focus on academic and learning skills, trade 383.12 and vocational skills, work-based learning opportunities, work 383.13 experience, youth service to the community, and transition 383.14 services. 383.15 Subd. 2. [PEOPLE TO BE SERVED.] A center shall provide 383.16 programs for secondary pupils and adults, giving priority to 383.17 serving persons between 16 and 21 years of age. Secondary 383.18 pupils to be served are those who are chemically dependent, not 383.19 likely to graduate from high school, need assistance in 383.20 vocational and basic skills, can benefit from employment 383.21 experiences, and need assistance in transition from school to 383.22 employment. Adults to be served are dislocated homemakers and 383.23 workers and others who need basic educational and social 383.24 services. In addition to offering programs, the center shall 383.25 coordinate the use of other available educational services, 383.26 social services, and post-secondary institutions in the 383.27 community. The center may also provide programs, including 383.28 work-based, service-learning, and applied learning opportunities 383.29 developed in collaboration with a local education and employment 383.30 transitions partnership, for elementary and secondary pupils who 383.31 are not attending the center to assist them in completing high 383.32 school. 383.33 Subd. 3. [RULES EXEMPTION.] Notwithstanding any law to the 383.34 contrary, the center programs must be available throughout the 383.35 entire year. Pupils in a center may receive instruction for 383.36 more than or less than the daily number of hours required by the 384.1 rules of the state board of education. However, a pupil must 384.2 receive instruction each year for at least the total number of 384.3 instructional hours required by statutes and rules. A center 384.4 may petition the state board under Minnesota Rules, part 384.5 3500.1000, for exemption from other rules. 384.6 Subd. 4. [GRADUATION.] Upon successful completion of the 384.7 center program, a pupil is entitled to receive a high school 384.8 diploma. The pupil may elect to receive a diploma from either 384.9 the district of residence or the district in which the center is 384.10 located. 384.11 Sec. 50. [122.9871] [RESOURCE CENTER FOR OTHER PROGRAMS.] 384.12 An area learning center must serve as a resource for other 384.13 districts, educational, community, and business organizations. 384.14 The center may charge a fee for these services. The following 384.15 services shall be provided for a region or the state: 384.16 (1) information and research for alternative programs; 384.17 (2) regional or state workshops on awareness, 384.18 identification, programs, and support for these pupils; and 384.19 (3) recommendations for staff qualifications to ensure the 384.20 most qualified staff can be selected for the programs. 384.21 Sec. 51. [122.9872] [CENTER FUNDING.] 384.22 Subdivision 1. [OUTSIDE SOURCES.] A center may accept: 384.23 (1) resources and services from post-secondary institutions 384.24 serving center pupils; 384.25 (2) resources from job training partnership act programs, 384.26 including funding for jobs skills training for various groups 384.27 and the percentage reserved for education; 384.28 (3) resources from the department of human services and 384.29 county welfare funding; 384.30 (4) resources from a local education and employment 384.31 transitions partnership; or 384.32 (5) private resources, foundation grants, gifts, corporate 384.33 contributions, and other grants. 384.34 Subd. 2. [GENERAL EDUCATION AID.] Payment of general 384.35 education aid for nonresident pupils enrolled in the center must 384.36 be made according to section 124A.036, subdivision 5. 385.1 Sec. 52. [122.9873] [DESIGNATION AS CENTER.] 385.2 The commissioner, in cooperation with the state board of 385.3 education, shall establish a process for state designation and 385.4 approval of area learning centers that meet the provisions of 385.5 sections 124C.45 to 124C.48. Any process for designating and 385.6 approving an area learning center must emphasize the importance 385.7 of having the area learning center serve students who have 385.8 dropped out of school, are homeless, are eligible to receive 385.9 free or reduced priced lunch, have been suspended or expelled, 385.10 have been declared truant or are pregnant or parents. 385.11 Sec. 53. [REPEALER.] 385.12 Minnesota Statutes 1996, sections 122.52; and 122.532, 385.13 subdivision 1, are repealed. 385.14 ARTICLE 6 385.15 CHAPTER 123 385.16 POWERS AND DUTIES OF SCHOOL DISTRICTS 385.17 Section 1. Minnesota Statutes 1996, section 123.11, is 385.18 amended to read: 385.19 123.11 [COMMON SCHOOL DISTRICTS; MEETINGS, ELECTIONS.] 385.20 Subdivision 1. [ANNUAL MEETING.] The annual meeting of all 385.21 common districtsshallmust be held on the last Tuesday in June, 385.22 at 8:00 p.m., unless a different hour has been fixed at the 385.23 preceding annual meeting, upon ten days' posted. The clerk 385.24 shall give noticegiven by the clerk, andof the meeting, 385.25 specifying the matters to come before such meeting; but. 385.26 Failure of the clerk to give such notice, or to specify the 385.27 business to be transactedthereat, shall not affect the validity 385.28 of any business, except the raising of money to build or 385.29 purchase a school house, the authorizing of an issue of bonds, 385.30 the fixing of a school house site, or the organization as an 385.31 independent district. At the annual meeting in a common 385.32 district five legal voters shall constitute a quorum. The chair 385.33 and clerk of the board shall officiate in their respective 385.34 capacities at all meetings of the electors of the district. In 385.35 the event of the absence of the chair or clerk, the voters shall 385.36 elect a chair or clerk pro tem. The voters shall have the power 386.1 in an annual meeting to repeal and modify their proceedings. 386.2 The polls at all meetings shall be open at least one hour. 386.3 Subd. 2. [ELECTIONS.] The annual meetingshallmust have 386.4 power to elect, by ballot, officers of the district. In all 386.5 elections or vote by ballot, the clerk shall record the names of 386.6 all voters participating therein and the chair shall appoint two 386.7 electorswho. The electors, with the assistance of the clerk, 386.8 shall supervise the balloting and canvass the votes. If any 386.9 candidates receive an equal number of votes for an office, the 386.10 board shall resolve the tie by lot. 386.11 Subd. 3. [CANDIDATES FOR OFFICE.] Any person desiring to 386.12 be a candidate for a district office at the annual meeting of 386.13 the district shall file with the clerk of the district an 386.14 application to be placed on the ballot for such office, or. Any 386.15 five voters of the district may filesuchan application for or 386.16 on behalf of any qualified voter in the district that they 386.17 desireshallto besucha candidate.The application386.18 Applications shall be filed not less than 12 days before the 386.19 annualschooldistrict meeting. The clerk of the district, in 386.20 the notice of annual meeting, shall state the names of the 386.21 candidates for whom applications have been filed, failure to do 386.22 so shall not affect the validity of the election thereafter 386.23 held. At the annual meeting of common districts, nomination of 386.24 candidates for offices may be made from the floor by any 386.25 qualified voter. 386.26 Subd. 4. [BALLOTS.] The clerk shall prepare, at the 386.27 expense of the district, necessary ballots for the election of 386.28 officers placing thereon the names of the proposed candidates 386.29 for such office with a blank space after such names, such. The 386.30 ballots shall be marked as official ballots, andthe ballots so386.31prepared by the clerk of the districtshall be used to the 386.32 exclusion of all other ballots at such annual meeting or 386.33 election in the election of officers of the district. 386.34 Subd. 5. [TERM OF OFFICE.] At the first meeting of each 386.35 district, the chair shall be elected to hold office until July 1 386.36 following the next annual meeting. The treasurer, until one 387.1 year from such date, and the clerk until two years from such 387.2 date. 387.3 Subd. 6. [ACCEPTANCE OF OFFICE.] A board member elected at 387.4 an annual meeting upon notice from the clerk, shall, on or 387.5 before the first Saturday in July, file with the clerk an 387.6 acceptance of the office and an official oath. Any person 387.7 appointed by the board or elected at a special meeting to fill a 387.8 vacancy shall file in writing an acceptance of the office and an 387.9 official oath within ten days after the notice of such 387.10 appointment or election by the clerk. A person who fails to 387.11 qualify prior to the time specified shall be deemed to have 387.12 refused to serve, but such filing, if made at any time before 387.13 action to fill the vacancy has been taken, shall be sufficient. 387.14 Subd. 7. [SPECIAL MEETING.] Upon the filing of a petition 387.15 therefor, executed by five eligible voters, as defined in 387.16 Minnesota election law, of the common district, specifying the 387.17 business to be acted upon, or upon the adoption of a proper 387.18 resolution so specifying, signed by a majority of the members of 387.19 the board, the clerk shallforthwithcall a special meeting of 387.20 the districtupon. The clerk shall give ten days' posted notice 387.21 and one week's published notice if there be a newspaper printed 387.22 in the district and specify in the notice the business named in 387.23 the request or resolution and the time and place of the 387.24 meeting. If therebeis no clerk in the district or if the 387.25 clerk fails for three days after receiving a request or 387.26 resolution to give notice of a meeting, it may be called by like 387.27 notice by five eligible voters, as defined in Minnesota election 387.28 law, of the district. No business except that named in the 387.29 notice shall be transacted at the meeting. If there are not 387.30 five eligible voters, as defined in Minnesota election law, or 387.31 if there is not a board therein, the county auditor may call a 387.32 special meeting by giving notice thereof as provided in this 387.33 section. The voters at a special meeting have power to repeal 387.34 or modify their proceedings. 387.35 Sec. 2. Minnesota Statutes 1996, section 123.12, is 387.36 amended to read: 388.1 123.12 [BOARDS OF COMMON SCHOOL DISTRICTS.] 388.2 Subdivision 1. [SCHOOL BOARD.] The care, management and 388.3 control of a common district is vested in a board of three 388.4 members to be known as the school board. The term of office of 388.5 a member shall be three years, and until a successor qualifies. 388.6 The board of each common districtshallmust consist of a chair, 388.7 a treasurer, and a clerk. The board may by resolution establish 388.8 a time and place for regular meeting and no notice of such 388.9 meeting need be sent to any members of the board. 388.10 Subd. 2. [FINANCES.] The boardshallmust submit to the 388.11 annual meeting an estimate of the expenses of the district for 388.12 the coming year for a school term as determined by the board and 388.13 for such other specified purposes as the board may deem proper. 388.14 Ifsuchthe annual meetingshall failfails to vote a sufficient 388.15 tax to maintain the district for such time, the boardshallmust 388.16 levy such tax pursuant to and within the limitations of sections 388.17 124.226, 124.2716, 124.91, 124.912, 124.914, 124.916, and 388.18 124.918; but no board shall expend any money or incur any 388.19 liability for any purpose beyond the sum appropriated by vote of 388.20 the district for such purpose, or levied by the board pursuant 388.21 to this subdivision, or on hand and applicable thereto. 388.22 Subd. 9. [SCHOOL VISITS.] The boardshallmust visit each 388.23 school at least once every three months. 388.24 Subd. 14. [OFFICIAL NEWSPAPER.] At its first meeting 388.25 following July 1 each year, the boardshallmust designate, by 388.26 resolution, as the official newspaper of the district, some 388.27 legal newspaper of general circulation within the district, and 388.28 contract with such newspaper for its publications. If there is 388.29 more than one such newspaper, the boardshall let suchmust 388.30 enter a contracttowith the lowest responsible bidder at the 388.31 earliest practicable date. All notices and proceedings required 388.32 by law to be published by the boardshallmust be published in 388.33 the official newspaper so designated. The fees for such 388.34 publicationshallmust not exceed the fees for publication of 388.35 legal notices as prescribed by Minnesota Statutes. 388.36 Sec. 3. Minnesota Statutes 1996, section 123.13, is 389.1 amended to read: 389.2 123.13 [OFFICERS OF COMMON SCHOOL DISTRICTS.] 389.3 Subd. 2. [TREASURER.] The treasurer shall receive and be 389.4 responsible for all money in the district and disburse the same 389.5 on orders signed by the clerk and countersigned by the chair or 389.6 other vouchers authorized by law; provided, that,. In the event 389.7 that the chair has been continuously absent from the district 389.8 for a period of 30 days or more, the treasurer may pay orders 389.9 without the signature of the chair. Each ordershallmust state 389.10 the fund on which it is drawn, the name of the payee, and the 389.11 nature of the claim for which such order is issued andshall389.12 must be so drawn that when signed by the treasurer in an 389.13 appropriate place, it becomes a check on theschooldistrict 389.14 depository. The treasurer shall keep an account of each fund, 389.15 and of all receipts and disbursements showing the sources of all 389.16 receipts and the nature and purpose of disbursements. The 389.17 treasurer shall deposit the funds of the district in the 389.18 official depository in accordance with the provisions of law. 389.19 Sec. 4. Minnesota Statutes 1996, section 123.15, is 389.20 amended to read: 389.21 123.15 [SCHOOLHOUSES AND SITES, COMMON SCHOOL DISTRICTS.] 389.22 Subdivision 1. [ACQUISITION OF SITES.] When authorized by 389.23 the voters at a regular meeting or at a special meeting called 389.24 for that purpose, the board may acquire necessary sites for 389.25 school houses, or enlargements or additions to existing school 389.26 house sites, by lease, purchase, or condemnation under the right 389.27 of eminent domain; lease, erect or purchase garages for 389.28 district-owned school buses; and sell or exchange school houses 389.29 or sites and execute deeds of conveyances thereof. It may 389.30 acquire by lease, purchase, or condemnation under eminent domain 389.31 suitable tracts of land eitherwithinin orwithoutoutside of 389.32 the district for the purpose of instruction, experimentation, 389.33 and demonstration in agriculture. In any city, a school site, 389.34 when practicable,shallmust contain at least one block, and,389.35if. Outside of any city, a school site must contain at least two 389.36 acres; and when. If any school house siteshall390.1containcontains less thansuchthe required amount the board 390.2 may, without a vote of the electors, acquire other land adjacent 390.3 to or near such site to make, with such site, all or part 390.4 ofsuchthe required amount.WhenIf property is taken by 390.5 eminent domain by authority of this subdivision, when needed by 390.6 the district for such purpose, the fact that the propertyso390.7needed has beenwas acquired by the owner under the power of 390.8 eminent domain, or is already devoted to public use, shall not 390.9 prevent its acquisition by the district. 390.10 Subd. 2. [SITE DESIGNATION.] The annual meeting or 390.11 election shall have power to designate a site for a school house 390.12 and provide for building or otherwise placing a school house 390.13 thereon, when proper notice has been given; but. A siteon390.14which awith an existing school housestandsor where a school 390.15 house isbegunbeing built shall not be changed except by vote 390.16 therefor, of three-fifths of the voters of the district voting 390.17 on the question. 390.18 Subd. 3. [TEACHER DWELLING.] When authorized by a 390.19 two-thirds majority of all the electors voting at an annual or 390.20 special meeting, the board may erect, purchase, or acquire a 390.21 dwelling house for the use of its teachers; provided that. The 390.22 proposition shall be submitted only at a meeting or election,. 390.23 The notice ofwhich statedthe meeting shall state that such 390.24 proposition would be considered or submittedthereat. 390.25 Sec. 5. Minnesota Statutes 1996, section 123.33, is 390.26 amended to read: 390.27 123.33 [BOARDS OF INDEPENDENT SCHOOL DISTRICTS.] 390.28 Subdivision 1. [SCHOOL BOARD.] The care, management, and 390.29 control of independent districtsshall beis vested in a board 390.30 of directors, to be known as the school board. The term of 390.31 office of a member shall be four years and until a successor 390.32 qualifies. The membership of theschoolboard shall consist of 390.33 six elected directors together with such ex officio member as 390.34 may be provided by law.ButThe board may submit to the 390.35 electors at any school election the question whether the board 390.36 shall consist of seven membersand. If a majority of those 391.1 voting on the proposition favor a seven-member board, a seventh 391.2 member shall be elected at the next election of directors for a 391.3 four-year term and thereafter the board shall consist of seven 391.4 members. 391.5 Those districts with a seven-member board may submit to the 391.6 electors at any school election at least 150 days before the 391.7 next election of three members of the board the question whether 391.8 the board shall consist of six members. If a majority of those 391.9 voting on the proposition favor a six-member board instead of a 391.10 seven-member board, two members instead of three members shall 391.11 be elected at the next election of the board of directors and 391.12 thereafter the board shall consist of six members. 391.13 Subd. 2. [SCHOOL BOARD VACANCY.] A vacancy in any board 391.14 occurs when a member (a) dies,or(b) resigns,or(c) ceases to 391.15 be a resident of the district, or (d) is unable to serve on such 391.16 board and attend its meetings for not less than 90 days because 391.17 of illness or prolonged absence from the district. 391.18 Subd. 2a. [SCHOOL BOARD MEMBER TRAINING.] A member 391.19mustshall receive training in school finance and management 391.20 developed in consultation with the Minnesota school boards 391.21 association and consistent with section 121.919. The school 391.22 boards associationshallmust make available to each newly 391.23 elected school board member training in school finance and 391.24 management consistent with section 121.919 within 180 days of 391.25 that member taking office. The program shall be developed in 391.26 consultation with the departmentof children, families, and391.27learningand appropriate representatives of higher education. 391.28 Subd. 3. [ILL OR ABSENT MEMBER.] A vacancy caused by a 391.29 member being unable to serve on such board and attend its 391.30 meetings for not less than 90 days because of illness or 391.31 prolonged absence from the district, may, after the board has by 391.32 resolution declared such vacancy to exist, be filled by the 391.33 board at any regular or special meeting thereof for the 391.34 remainder of the unexpired term, or until such ill or absent 391.35 member is again able to resume duties as a member of such board, 391.36 whichever date is earliest. Whensuchthe ill or absent member 392.1 isagainable to resume duties as a member of the board, the 392.2 boardshallmust by resolution so determine and declare such 392.3 person to be again a member of the board, and the member 392.4 appointed by the board to be no longer a member thereof. 392.5 Subd. 4. [VACANCY; APPOINTMENT.] Any other vacancy in a 392.6 boardshallmust be filled by board appointment at a regular or 392.7 special meeting. The appointment shall be evidenced by a 392.8 resolution entered in the minutes and shall continue until an 392.9 election is held under this subdivision. All elections to fill 392.10 vacancies shall be for the unexpired term. If the vacancy 392.11 occurs before the first day to file affidavits of candidacy for 392.12 the next school district general election and more than two 392.13 years remain in the unexpired term, a special election shall be 392.14 held in conjunction with the school district general election. 392.15 The appointed person shall serve until the qualification of the 392.16 successor elected to fill the unexpired part of the term at that 392.17 special election. If the vacancy occurs on or after the first 392.18 day to file affidavits of candidacy for the school district 392.19 general election, or when less than two years remain in the 392.20 unexpired term, there shall be no special election to fill the 392.21 vacancy and the appointed person shall serve the remainder of 392.22 the unexpired term and until a successor is elected and 392.23 qualifies at the school district election. 392.24 Subd. 5. [MEETINGS.] A majority of the voting members of 392.25 the board shall constitute a quorum. No contract shall be made 392.26 or authorized, except at a regular meeting of the board or at a 392.27 special meeting at which all members are present or of which all 392.28 members have had notice. Special meetings may be called by the 392.29 chair or clerk or any three members upon notice mailed to each 392.30 member at least three days prior thereto. 392.31 Subd. 6. [RULES.] The board shall make, and when deemed 392.32 advisable, change or repeal rules relating to the organization 392.33 and management of the board and the duties of its officers. 392.34 Subd. 7. [DUTIES.] The boardshallmust superintend and 392.35 manage the schools of the district; adopt rules for their 392.36 organization, government, and instruction; keep registers; and 393.1 prescribe textbooks and courses of study. The board may enter 393.2 into an agreement with a post-secondary institution for 393.3 secondary or post-secondary nonsectarian courses to be taught at 393.4 a secondary school, nonsectarian post-secondary institution, or 393.5 another location. 393.6 Subd. 8. [BOARD MEMBER REMOVAL.] The board may remove, for 393.7 proper cause, any member or officer of the board and fill the 393.8 vacancy; but such removal must be by a concurrent vote of at 393.9 least four members, at a meeting of whose time, place, and 393.10 object the charged member has been duly notified, with the 393.11 reasons for such proposed removal and after an opportunity to be 393.12 heard in defense against the removal. 393.13 Subd. 11. [PUBLISHING OF PROCEEDINGS.] The boardshall393.14 must cause its official proceedings to be published once in the 393.15 official newspaper of the district. Such publication shall be 393.16 made within 30 days of the meeting at which such proceedings 393.17 occurred. If the board determines that publication of a summary 393.18 of the proceedings would adequately inform the public of the 393.19 substance of the proceedings, the board may direct that only a 393.20 summary be published, conforming to the requirements of section 393.21 331A.01, subdivision 10. 393.22 Subd. 11a. [MAILING OF PROCEEDINGS.] If aschoolboard of 393.23 a district that has no newspaper with its known office of issue 393.24 or a secondary office located within the boundaries of the 393.25 district and no newspaper that is distributed to more than 393.26 one-third of the residences in the district determines that 393.27 mailing a summary of its proceedings would be more economical 393.28 than publication of the proceedings and that it would adequately 393.29 inform the public, it may mail a summary of its proceedings to 393.30 each residence in the district that can be identified as a 393.31 homestead from the property tax records and to each other 393.32 residence in the district that the board can identify. The 393.33 countyshallmust make the property tax records available to the 393.34 board for this purpose. The boardshallmust keep a copy of the 393.35 summary of the proceedings as part of its records. The decision 393.36 of aschoolboard to mail summaries, rather than publish the 394.1 proceedings under this subdivision shall be presumed valid, 394.2 subject to challenge by a court action. 394.3 Subd. 12. [COMPENSATION.] The clerk, treasurer, and 394.4 superintendent of any district shall receive such compensation 394.5 as may be fixed by the board. Unless otherwise provided by law, 394.6 the other members of the board shall also receive such 394.7 compensation as may be fixed by the board. All members of the 394.8 board may receive reimbursement for transportation at the rate 394.9 provided for in section 471.665. 394.10 Subd. 17. [BUDGETS.] By October 1, every board must 394.11 publish revenue and expenditure budgets for the current year and 394.12 the actual revenues, expenditures, fund balances for the prior 394.13 year and projected fund balances for the current year in a form 394.14 prescribed by the commissioner. The forms prescribed must be 394.15 designed so that year to year comparisons of revenue, 394.16 expenditures and fund balances can be made. These budgets, 394.17 reports of revenue, expenditures and fund balances must be 394.18 published in a qualified newspaper of general circulation in the 394.19 district. 394.20 Subd. 18. [DEBT SUMMARY.] The board must also publish at 394.21 the same time a summary of bonds outstanding, paid, and sold; a 394.22 summary of orders not paid for want of funds; certificates of 394.23 indebtedness for the year ending June 30; the statutory 394.24 operating debt of the district as defined and certified pursuant 394.25 to section 121.914; and the balance amount of the reserved fund 394.26 balance reserve account for purposes of statutory operating debt 394.27 reduction established pursuant to sections 124.226, 124.2716, 394.28 124.91, 124.912, 124.914, 124.916, and 124.918. 394.29 Subd. 19. [BUDGET INSPECTION.] A statement must be 394.30 included in the publication that the complete budget in detail 394.31 may be inspected by any resident of the district upon request to 394.32 the chief school administrator. 394.33 Subd. 20. [COST PER PUPIL.] The board must publish at the 394.34 same time the average cost per pupil in average daily membership 394.35 educated in that district in the preceding year. This 394.36 computation must be made exclusive of debt service or capital 395.1 outlay costs. 395.2 Sec. 6. Minnesota Statutes 1996, section 123.335, is 395.3 amended to read: 395.4 123.335 [IMPREST CASH FUNDS.] 395.5 Subdivision 1. [IMPREST FUND.] The board may establish one 395.6 or more imprest funds for the payment in cash of any proper 395.7 claim against the district which it is impractical to pay in any 395.8 other manner, except that no claim for salary or personal 395.9 expenses of a district officer or employee shall be paid from 395.10 such funds. The boardshallmust appoint a custodian of each 395.11 such fund who shall be responsible for its safekeeping and 395.12 disbursement according to law. Money for the operation of such 395.13 fund shall be secured by a transfer from the general fund. A 395.14 claim itemizing all the various demands for which disbursements 395.15 have been made from the fundshallmust be presented to the 395.16 board at the next board meeting after the disbursements have 395.17 been made. The boardshallmust act upon it as in the case of 395.18 other claims and an order shall be issued to the custodian for 395.19 the amount allowed. The custodian shall use the proceeds of the 395.20 order to replenish the fund; and. If the board fails to approve 395.21 the claim in full for any sufficient reason, the custodian shall 395.22 be personally responsible for the difference. 395.23 Subd. 2. [ADVANCES.] The board may authorize an imprest 395.24 fund for the purpose of advancing money to officers or employees 395.25 to pay the actual and necessary expenses of such officer or 395.26 employee in attending meetings outside of the district. The 395.27 boardshallmust appoint a custodian of such fund who shall be 395.28 responsible for its safekeeping and disbursement according to 395.29 law. At the first regular meeting of the board after such 395.30 meeting, the custodian shall submit an itemized claim for the 395.31 actual and necessary expenses incurred and paid. The 395.32 boardshallmust act upon it as in the case of other claims and 395.33 an order shall be issued to the custodian for the amount 395.34 allowed. The custodian shall use the proceeds of the order to 395.35 repay the amount advanced from the fund and make final 395.36 settlement with the officer or employee. As an alternative the 396.1 board may authorize travel advances if control is maintained by 396.2 use of a travel advance account, the balance of which is 396.3 supported by names of employees to whom money has been advanced. 396.4 Sec. 7. Minnesota Statutes 1996, section 123.34, is 396.5 amended to read: 396.6 123.34 [OFFICERS OF INDEPENDENT SCHOOL DISTRICTS.] 396.7 Subdivision 1. [OFFICER SELECTION.] Within ten days after 396.8 the election of the first board in independent districts and 396.9 annually thereafter on July 1, or as soon thereafter as 396.10 practicable, the boardshallmust meet and organize by selecting 396.11 a chair, clerk, and a treasurer, who shall hold their offices 396.12 for one year and until their successors are selected and 396.13 qualify. The persons who perform the duties of the clerk and 396.14 treasurer need not be members of the board and the board by 396.15 resolution may combine the duties of the offices of clerk and 396.16 treasurer in a single person in the office of business affairs. 396.17 They may appoint a superintendent who shall be ex officio a 396.18 member of the board, but not entitled to vote therein. In 396.19 districts in which board members are elected at the general 396.20 election in November, the annual meeting of the boardshallmust 396.21 be held on the first Monday of January or as soon thereafter as 396.22 practicable. 396.23 Subd. 2. [CHAIR.] The chair when present shall preside at 396.24 all meetings of the board, countersign all orders upon the 396.25 treasurer for claims allowed by the board, represent the 396.26 district in all actions and perform all the duties usually 396.27 incumbent on such officer. In case of absence, inability, or 396.28 refusal of the clerk to draw orders for the payment of money 396.29 authorized by a vote of the majority of the board to be paid, 396.30 the orders may be drawn by the chair, and paid by the 396.31 treasurer,. A statementthereofof the orders drawn, with a 396.32 copy of such orders,beingshall be delivered to the clerk by 396.33 the treasurer, or the office of the clerk may be declared vacant 396.34 by the chair and treasurer and filled by appointment. 396.35 Subd. 3. [OFFICIAL DEPOSITORY.] The treasurer shall 396.36 deposit the funds of the district in the official depository. 397.1 Subd. 4. [TREASURER REPORTS.] The treasurer shall make all 397.2 reports which may be called for by the board and perform all 397.3 duties usually incumbent on such officer. 397.4 Subd. 5. [INSUFFICIENT FUNDS.] In the event that valid 397.5 orders presented to the treasurer for payment, and there are 397.6 insufficient funds on hand to pay them, the treasurer shall 397.7 receive, endorse and process them in accordance with section 397.8 124.06. 397.9 Subd. 7. [PERFORMANCE BOND.] When the duty devolves upon 397.10 any person employed by a board to receive money and pay it over 397.11 to the treasurer of the district, the districtshallmust 397.12 require a bond from such person and pay all premiums therefor. 397.13 The amount of each bond shall be fixed by the board and the bond 397.14 approved by it. The bondshallmust be not less than $500 397.15 conditioned for the faithful performance of the duty andshall397.16 be filed with the clerk. In lieu of individual bonds, the 397.17 district may prescribe and keep in effect a schedule or position 397.18 insurance policy or blanket bond in such aggregate amount as the 397.19 district determines, insuring the fidelity of such persons in 397.20 the amount of not less than $500 for each such person. 397.21 Subd. 8. [CLERK RECORDS.] The clerk shall keep a record of 397.22 all meetings of the district and the board in books provided by 397.23 the district for that purpose. The clerk shall, within three 397.24 days after an election, notify all persons elected of their 397.25 election.On or beforeBy August 15 of each year the clerk 397.26 shall file with the board a report of the revenues, expenditures 397.27 and balances in each fund for the preceding fiscal year. The 397.28 report together with vouchers and supporting documents shall 397.29 subsequently be examined by a public accountant or the state 397.30 auditor, either of whom shall be paid by theschooldistrict, as 397.31 provided in section 121.908, subdivision 3. The board shall by 397.32 resolution approve the report or require a further or amended 397.33 report.On or beforeBy August 15 of each year, the clerk shall 397.34 make and transmit to the commissioner certified reports, showing: 397.35 (1) The condition and value of school property; 397.36 (2) The revenues and expenditures in detail, and such other 398.1 financial information required by law, rule, or as may be called 398.2 for by the commissioner; 398.3 (3) The length of school term and the enrollment and 398.4 attendance by grades; and 398.5 (4) Such other items of information as may be called for by 398.6 the commissioner. 398.7 The clerk shall enter in the clerk's record book copies of 398.8 all reports and of the teachers' term reports, as they appear in 398.9 the registers, and of the proceedings of any meeting as 398.10 furnished by the clerk pro tem, and keep an itemized account of 398.11 all the expenses of the district. The clerk shall furnish to 398.12 the auditor of the proper county,on or beforeby October 10 of 398.13 each year, an attested copy of the clerk's record, showing the 398.14 amount of money voted by the district or the board for school 398.15 purposes; draw and sign all orders upon the treasurer for the 398.16 payment of money for bills allowed by the board for salaries of 398.17 officers and for teachers' wages and all claims, to be 398.18 countersigned by the chair. Such ordersshallmust state the 398.19 consideration, payee, and the fund and the clerk shall take a 398.20 receipt therefor. Teachers' wages shall have preference in the 398.21 order in which they become due, and no money applicable for 398.22 teachers' wages shall be used for any other purpose, nor shall 398.23 teachers' wages be paid from any fund except that raised or 398.24 apportioned for that purpose. 398.25 Subd. 9. [SUPERINTENDENT.] All districts maintaining a 398.26 classified secondary schoolshallmust employ a superintendent 398.27 who shall be an ex officio nonvoting member of the school board. 398.28 The authority for selection and employment of a superintendent 398.29shallmust be vested in theschoolboard in all cases. An 398.30 individual employed by aschoolboard as a superintendent shall 398.31 have an initial employment contract for a period of time no 398.32 longer than three years from the date of employment. Any 398.33 subsequent employment contract must not exceed a period of three 398.34 years. Aschoolboard, at its discretion, may or may not renew 398.35 an employment contract. Aschoolboardshallmust not, by 398.36 action or inaction, extend the duration of an existing 399.1 employment contract. Beginning 365 days prior to the expiration 399.2 date of an existing employment contract, aschoolboard may 399.3 negotiate and enter into a subsequent employment contract to 399.4 take effect upon the expiration of the existing contract. A 399.5 subsequent contractshallmust be contingent upon the employee 399.6 completing the terms of an existing contract. If a contract 399.7 between aschoolboard and a superintendent is terminated prior 399.8 to the date specified in the contract, theschoolboard may not 399.9 enter into another superintendent contract with that same 399.10 individual that has a term that extends beyond the date 399.11 specified in the terminated contract. Aschoolboard may 399.12 terminate a superintendent during the term of an employment 399.13 contract for any of the grounds specified in section 125.12, 399.14 subdivision 6 or 8. A superintendent shall not rely upon an 399.15 employment contract with aschoolboard to assert any other 399.16 continuing contract rights in the position of superintendent 399.17 under section 125.12. Notwithstanding the provisions of 399.18 sections 122.532, 122.541, 125.12, subdivision 6a or 6b, or any 399.19 other law to the contrary, no individual shall have a right to 399.20 employment as a superintendent based on order of employment in 399.21 any district. If two or moreschooldistricts enter into an 399.22 agreement for the purchase or sharing of the services of a 399.23 superintendent, the contracting districts have the absolute 399.24 right to select one of the individuals employed to serve as 399.25 superintendent in one of the contracting districts and no 399.26 individual has a right to employment as the superintendent to 399.27 provide all or part of the services based on order of employment 399.28 in a contracting district. The superintendent of a district 399.29 shall perform the following: 399.30 (1) visit and supervise the schools in the district, report 399.31 and make recommendations about their condition when advisable or 399.32 on request by the board; 399.33 (2) recommend to the board employment and dismissal of 399.34 teachers; 399.35 (3) superintend school grading practices and examinations 399.36 for promotions; 400.1 (4) make reports required by the commissionerof children,400.2families, and learning; and 400.3 (5) perform other duties prescribed by the board. 400.4 Subd. 9a. [DISCLOSE PAST BUYOUTS OR CONTRACT IS VOID.] (a) 400.5 For the purposes of paragraph (b), a "buyout agreement" is any 400.6 agreement under which a person employed as a superintendent left 400.7 the position before the term of the contract was over and 400.8 received a sum of money, something else of value, or the right 400.9 to something of value for some purpose other than performing the 400.10 services of a superintendent. 400.11 (b) Before a person may enter into a superintendent's 400.12 contract with aschoolboard, the candidate shall disclose in 400.13 writing the existence and terms of any previous buyout 400.14 agreement, including amounts and the purpose for the payments, 400.15 relating to a superintendent's contract with anotherschool400.16 board. A disclosure made under this paragraph is public data. 400.17 (c) The superintendent's contract of a person who fails to 400.18 make a timely disclosure under paragraph (b) is void. 400.19 Subd. 10. [PRINCIPALS.] Each public school building, as 400.20 defined by section 120.05, subdivision 2, clauses (1), (2), and 400.21 (3), in an independentschooldistrict may be under the 400.22 supervision of a principal who is assigned to that 400.23 responsibility by the board of education in thatschooldistrict 400.24 upon the recommendation of the superintendent of schools of that 400.25schooldistrict. If pupils in kindergarten through grade 12 400.26 attend school in one building, one principal may supervise the 400.27 building. 400.28 Each principal assigned the responsibility for the 400.29 supervision of a school building shall hold a valid license in 400.30 the assigned position of supervision and administration as 400.31 established by the rules of the state board of education. 400.32 The principal shall provide administrative, supervisory, 400.33 and instructional leadership services, under the supervision of 400.34 the superintendent of schools of theschooldistrict and in 400.35 accordance with the policies, rules, and regulations of the 400.36 board of education, for the planning, management, operation, and 401.1 evaluation of the education program of the building or buildings 401.2 to which the principal is assigned. 401.3 Sec. 8. Minnesota Statutes 1996, section 123.35, 401.4 subdivision 1, is amended to read: 401.5 Subdivision 1. [BOARD AUTHORITY.] The boardshallmust 401.6 have the general charge of the business of the district, the 401.7 school houses, and of the interests of the schools thereof. The 401.8 board's authority to conduct the business of the district 401.9 includes implied powers in addition to any specific powers 401.10 granted by the legislature. 401.11 Sec. 9. Minnesota Statutes 1996, section 123.35, 401.12 subdivision 2, is amended to read: 401.13 Subd. 2. [FACILITIES FOR SCHOOL-AGE CHILDREN.] Itshall be401.14 is the duty and the function of the district to furnish school 401.15 facilities to every child of school age residing in any part of 401.16 the district. The board may establish and organize and alter 401.17 and discontinue such grades or schools as it may deem advisable 401.18 and assign to each school and grade a proper number of 401.19 pupils.The board shall provide free textbooks for the pupils401.20of the district.401.21 Sec. 10. Minnesota Statutes 1996, section 123.35, 401.22 subdivision 3, is amended to read: 401.23 Subd. 3. [BONDS.] The voters of a district may authorize 401.24 the issuance of bonds of the district in accordance with the 401.25 provisions of chapter 475. 401.26 Sec. 11. Minnesota Statutes 1996, section 123.35, 401.27 subdivision 4, is amended to read: 401.28 Subd. 4. [LEVY.] The boardshallmust provide by levy of 401.29 tax necessary funds for the conduct of schools, the payment of 401.30 indebtedness, and all proper expenses of the district. 401.31 Sec. 12. Minnesota Statutes 1996, section 123.35, 401.32 subdivision 6, is amended to read: 401.33 Subd. 6. [HIRING EMPLOYEES; CONTRACT FOR SERVICES.] The 401.34 board may employ and discharge necessary employees and may 401.35 contract for other services. 401.36 Sec. 13. Minnesota Statutes 1996, section 123.35, 402.1 subdivision 7, is amended to read: 402.2 Subd. 7. [LIBRARY FACILITIES.] The board may provide 402.3 library facilities as part of its school equipment according to 402.4 the standards of the state board of education. 402.5 Sec. 14. Minnesota Statutes 1996, section 123.35, 402.6 subdivision 8c, is amended to read: 402.7 Subd. 8c. [PUPIL COUNT.] A district may not count a person 402.8 enrolled pursuant to subdivision 8a as a pupil unit or a pupil 402.9 in average daily membership for the purpose of receiving any 402.10 state aid. 402.11 Sec. 15. Minnesota Statutes 1996, section 123.35, 402.12 subdivision 9b, is amended to read: 402.13 Subd. 9b. [SERVICES FOR INDIAN STUDENTS.] School districts 402.14 may enter into agreements with Indian tribal governments for 402.15 purposes of providing educational services for students. Such 402.16 agreements may allow for the use of any resources available to 402.17 either party and must give students the option to enroll in 402.18 theschooldistrict at their election. 402.19 Sec. 16. Minnesota Statutes 1996, section 123.35, 402.20 subdivision 11, is amended to read: 402.21 Subd. 11. [SCHOOL LUNCHES.] The board may furnish school 402.22 lunches for pupils and teachers on such terms as it determines. 402.23 Sec. 17. Minnesota Statutes 1996, section 123.35, 402.24 subdivision 12, is amended to read: 402.25 Subd. 12. [ANNUITY CONTRACT; PAYROLL ALLOCATION.] At the 402.26 request of an employee and as part of the employee's 402.27 compensation arrangement, the board may purchase an individual 402.28 annuity contract for an employee for retirement or other 402.29 purposes and may make payroll allocations in accordance with 402.30 such arrangement for the purpose of paying the entire premium 402.31 due and to become due under such contract. The allocationshall402.32 must be made in a manner which will qualify the annuity 402.33 premiums,(or a portion thereof), for the benefit afforded under 402.34 section 403(b) of the current Federal Internal Revenue Code or 402.35 any equivalent provision of subsequent federal income tax law. 402.36 The employee shall own such contract and the employee's rights 403.1thereunderunder the contract shall be nonforfeitable except for 403.2 failure to pay premiums. Section 125.12 shall not be applicable 403.3 hereto and the board shall have no liability thereunder because 403.4 of its purchase of any individual annuity contracts. This 403.5 statute shall be applied in a nondiscriminatory manner to 403.6 employees of the school district. 403.7 Sec. 18. Minnesota Statutes 1996, section 123.35, is 403.8 amended by adding a subdivision to read: 403.9 Subd. 12a. [HEALTH INSURANCE PREMIUMS.] The board of any 403.10 independent school district may expend funds to pay premiums on 403.11 hospitalization and major medical insurance coverage for 403.12 officers and employees who retire prior to age 65. 403.13 Sec. 19. Minnesota Statutes 1996, section 123.35, 403.14 subdivision 15, is amended to read: 403.15 Subd. 15. [PAYMENT OF CLAIMS.] When payment of a claim 403.16 cannot be deferred until the next board meeting without loss to 403.17 the district of a discount privilege, or when payment of a claim 403.18 cannot be deferred until the next board meeting because of 403.19 contract terms, purchase order terms, or a vendor's standard 403.20 terms which are part of the contract, the claim may be paid 403.21 prior to board approval, providing that the board: 403.22 (a) Has delegated authority to the clerk or a designated 403.23 business administrator to make a payment prior to board approval 403.24 and 403.25 (b) Requires that payment made prior to board approval be 403.26 acted upon at the next board meeting. 403.27 Payment prior to board approvalshallmust not affect the 403.28 right of the district or a taxpayer to challenge the validity of 403.29 a claim. 403.30 Sec. 20. Minnesota Statutes 1996, section 123.35, 403.31 subdivision 20, is amended to read: 403.32 Subd. 20. [LEGAL COUNSEL; REIMBURSEMENT.] If reimbursement 403.33 is requested by aschooldistrict employee, the board may, after 403.34 consulting with its legal counsel, reimburse the employee for 403.35 any costs and reasonable attorney fees incurred by the person to 403.36 defend criminal charges brought against the person arising out 404.1 of the performance of duties for theschooldistrict. A board 404.2 member who is a witness or an alleged victim in the case may not 404.3 vote on the reimbursement. If a quorum of the board is 404.4 disqualified from voting on the reimbursement, the reimbursement 404.5shallmust be approved by a judge of the district court. 404.6 Sec. 21. Minnesota Statutes 1996, section 123.35, is 404.7 amended by adding a subdivision to read: 404.8 Subd. 22. [PAYMENT OF JUST CLAIMS.] The board must provide 404.9 for the payment of all just claims against the district in cases 404.10 provided by law. 404.11 Sec. 22. Minnesota Statutes 1996, section 123.35, is 404.12 amended by adding a subdivision to read: 404.13 Subd. 23. [PROSECUTE AND DEFEND ACTIONS.] In all proper 404.14 cases, the board must prosecute and defend actions by or against 404.15 the district. 404.16 Sec. 23. Minnesota Statutes 1996, section 123.35, is 404.17 amended by adding a subdivision to read: 404.18 Subd. 24. [RECEIPT OF DONATIONS.] The board may receive, 404.19 for the benefit of the district, bequests, donations, or gifts 404.20 for any proper purpose and apply the same to the purpose 404.21 designated. In that behalf, the board may act as trustee of any 404.22 trust created for the benefit of the district, or for the 404.23 benefit of pupils thereof, including trusts created to provide 404.24 pupils of the district with advanced education after completion 404.25 of high school, in the advancement of education. 404.26 Sec. 24. Minnesota Statutes 1996, section 123.35, is 404.27 amended by adding a subdivision to read: 404.28 Subd. 25. [REMOVAL OF UNAUTHORIZED VEHICLES.] The board 404.29 may authorize a representative to move unauthorized vehicles 404.30 parked on school district property, or require the driver or 404.31 other person in charge of the vehicle to move the same off 404.32 district property. 404.33 When such representative finds such a vehicle unattended 404.34 upon district premises, such representative is hereby authorized 404.35 to provide for the removal of such vehicle and remove the same 404.36 to the nearest convenient garage or other place of safety off of 405.1 district property. Such vehicle shall be moved at the expense 405.2 of the owner or operator. 405.3 Sec. 25. Minnesota Statutes 1996, section 123.35, is 405.4 amended by adding a subdivision to read: 405.5 Subd 26. [LIABILITY INSURANCE; OFFICERS AND 405.6 EMPLOYEES.] The governing body of any independent school 405.7 district may procure insurance against liability of the district 405.8 or of its officers and employees for damages resulting from 405.9 wrongful acts and omissions of the district and its officers and 405.10 employees, whether the acts or omissions relate to governmental 405.11 or proprietary functions of the district. Insofar as this 405.12 insurance relates to governmental functions of the district, the 405.13 policy of insurance shall contain a provision requiring the 405.14 insurance company to waive the defense of governmental immunity 405.15 up to the limits of the policy unless the district consents to 405.16 the assertion of that defense. 405.17 Sec. 26. Minnesota Statutes 1996, section 123.35, is 405.18 amended by adding a subdivision to read: 405.19 Subd. 27. [SALE AT AUCTION.] Notwithstanding sections 405.20 123.37, subdivision 1, 471.345 or any other law, the board of a 405.21 school district or of a cooperative center for vocational 405.22 education may, in lieu of advertising for bids, sell at public 405.23 auction to the highest responsible bidder a building constructed 405.24 or to be constructed by a secondary or post-secondary school 405.25 student or class as a school assignment. A board shall publish 405.26 notice of a sale at least two weeks before the sale in the 405.27 official newspaper of the district, or in the case of a 405.28 cooperative center, in the official newspapers of each of the 405.29 member districts, and may, at its discretion, publish additional 405.30 notice in the official paper or elsewhere. A building may be 405.31 withdrawn from sale prior to the completion of the sale unless 405.32 the auction has been announced to be without reserve. If the 405.33 sale is made at public auction, a duly licensed auctioneer must 405.34 be retained to conduct the sale. The auctioneer shall be paid 405.35 from the proceeds of the sale or from any funds available to the 405.36 board which are not otherwise restricted or encumbered. 406.1 Sec. 27. Minnesota Statutes 1996, section 123.35, is 406.2 amended by adding a subdivision to read: 406.3 Subd 28. [SCHOOL SITE DECISION-MAKING AGREEMENT.] (a) A 406.4 school board may enter into an agreement with a school site 406.5 decision-making team concerning the governance, management, or 406.6 control of any school in the district. Upon a written request 406.7 from a proposed school site decision-making team, an initial 406.8 school site decision-making team shall be appointed by the 406.9 school board. The team may include the school principal, 406.10 representatives of teachers in the school, representatives of 406.11 other employees in the school, representatives of parents of 406.12 pupils in the school, representatives of pupils in the school, 406.13 representatives of other members in the community, or others 406.14 determined appropriate by the board. The school site 406.15 decision-making team shall include the school principal or other 406.16 person having general control and supervision of the school. 406.17 (b) School site decision-making agreements must delegate 406.18 powers and duties to site teams and involve staff members, 406.19 students as appropriate, and parents in decision making. 406.20 (c) An agreement may include: 406.21 (1) a mechanism to implement flexible support systems for 406.22 improvement in student achievement of education outcomes; 406.23 (2) a decision-making structure that allows teachers to 406.24 identify instructional problems and control and apply the 406.25 resources needed to solve them; 406.26 (3) a mechanism to allow principals, or other persons 406.27 having general control and supervision of the school, to make 406.28 decisions regarding how financial and personnel resources are 406.29 best allocated at the site and from whom goods or services are 406.30 purchased; 406.31 (4) a mechanism to implement parental involvement programs 406.32 under section 126.69 and to provide for effective parental 406.33 communication and feedback on this involvement at the site 406.34 level; 406.35 (5) a provision that would allow the team to determine who 406.36 is hired into licensed and nonlicensed positions; 407.1 (6) a provision that would allow teachers to choose the 407.2 principal or other person having general control; 407.3 (7) direct contact with other social service providers; 407.4 (8) in-service training for site decision-making team 407.5 members for financial management of school sites; and 407.6 (9) any other powers and duties determined appropriate by 407.7 the board. 407.8 The board of the district remains the legal employer under 407.9 clauses (5) and (6). 407.10 (d) Any powers or duties not delegated to the school site 407.11 management team in the school site management agreement shall 407.12 remain with the board. 407.13 (e) Approved agreements shall be filed with the 407.14 commissioner. If a board denies a request to enter into a 407.15 school site management agreement, it shall provide a copy of the 407.16 request and the reasons for its denial to the commissioner. 407.17 Sec. 28. Minnesota Statutes 1996, section 123.35, is 407.18 amended by adding a subdivision to read: 407.19 Subd. 29. [ACTIONS BY DISTRICTS.] Any board may prosecute 407.20 actions in the name of the district in the following cases: 407.21 (1) On a contract made with the district, or with the board 407.22 in its official capacity; 407.23 (2) To enforce a liability, or a duty enjoined by law, in 407.24 its favor or in favor of the district; 407.25 (3) To recover a penalty or forfeiture given by law to it 407.26 or to the district; or 407.27 (4) To recover damages for an injury to the rights or 407.28 property of the district. 407.29 Sec. 29. Minnesota Statutes 1996, section 123.35, is 407.30 amended by adding a subdivision to read: 407.31 Subd. 30. [ACTIONS AGAINST DISTRICTS AND TEACHERS.] (a) An 407.32 action may be brought against any district, either upon a 407.33 contract made with the district or its board, in its official 407.34 capacity and within the scope of its authority, or for an injury 407.35 to the rights of the plaintiff arising from some act or omission 407.36 of such board. The action may be brought against the district 408.1 even if the members of the board making the contract, or guilty 408.2 of the act or omission complained of, are no longer in office. 408.3 (b) Upon written request of the teacher involved, any 408.4 district, however organized, must provide legal counsel for any 408.5 school teacher against whom claim is made or action is brought 408.6 for recovery of damages in any tort action involving physical 408.7 injury to any person or property or for wrongful death arising 408.8 out of or in connection with the employment of such teacher with 408.9 the district. The choice of legal counsel shall be made only 408.10 after consultation with the teacher. Provision of counsel under 408.11 this paragraph shall not be construed to render the district 408.12 liable for its torts, except as otherwise provided by law; or 408.13 for reimbursement of costs of counsel provided to the teacher 408.14 pursuant to the contract obligation of another or otherwise than 408.15 under this paragraph; or for payment of any judgments or any 408.16 other costs or disbursements in connection with a judgment where 408.17 the judgment, cost or disbursement is against the teacher and 408.18 not against the school district. 408.19 (c) It is a defense to a civil action for damages against a 408.20 school official, as defined in section 609.2231, subdivision 5, 408.21 to prove that the force used by the official was reasonable, was 408.22 in the exercise of lawful authority, and was necessary under the 408.23 circumstances to restrain the pupil or to prevent bodily harm or 408.24 death to another. 408.25 Sec. 30. Minnesota Statutes 1996, section 123.35, is 408.26 amended by adding a subdivision to read: 408.27 Subd. 31. [JUDGMENT PAID BY TREASURER.] Except as provided 408.28 in this subdivision, no execution shall issue upon any judgment 408.29 against a district for the recovery of money. Unless the 408.30 judgment is stayed by appeal, the treasurer shall pay the 408.31 judgment, upon presentation of a certified copy of the judgment, 408.32 if the district has sufficient money not otherwise 408.33 appropriated. A treasurer who fails to pay the judgment shall 408.34 be personally liable for the amount, unless the collection is 408.35 stayed afterwards. 408.36 Sec. 31. Minnesota Statutes 1996, section 123.35, is 409.1 amended by adding a subdivision to read: 409.2 Subd. 32. [ISSUANCE OF EXECUTION.] If the judgment is not 409.3 paid within 30 days after the time when the proceeds of such 409.4 levy becomes payable by the county treasurer of the district, 409.5 execution may be issued thereon, to which any property belonging 409.6 to the district shall be liable. 409.7 Sec. 32. [123.353] [SCHOOL SAFETY PATROLS.] 409.8 Subdivision 1. [ESTABLISHMENT.] In the exercise of 409.9 authorized control and supervision over pupils attending schools 409.10 and other educational institutions, both public and private, the 409.11 governing board or other directing authority of any such school 409.12 or institution is empowered to authorize the organization and 409.13 supervision of school safety patrols for the purpose of 409.14 influencing and encouraging other pupils to refrain from 409.15 crossing public highways at points other than regular crossings 409.16 and for the purpose of directing pupils when and where to cross 409.17 highways. 409.18 Subd. 2. [APPOINTMENT OF MEMBERS.] Unless the parents or 409.19 guardian of a pupil object in writing to the school authorities 409.20 to the appointment of the pupil on a school safety patrol, it is 409.21 lawful for any pupil over nine years of age to be appointed and 409.22 designated as a member of the patrol in any school in which 409.23 there are no pupils who have attained such age, any pupil in the 409.24 highest grade therein may be so appointed and designated. 409.25 School authorities may also appoint and designate nonpupil 409.26 adults as members of a school safety patrol on a voluntary or 409.27 for-hire basis. 409.28 Subd. 3. [LIABILITY NOT TO ATTACH.] No liability shall 409.29 attach either to the school, educational institution, governing 409.30 board, directing authority, or any individual director, board 409.31 member, superintendent, principal, teacher, or other school 409.32 authority by virtue of the organization, maintenance, or 409.33 operation of such a school safety patrol because of injuries 409.34 sustained by any pupil, whether a member of the patrol or 409.35 otherwise by reason of the operation and maintenance of the 409.36 patrol. 410.1 Subd. 4. [IDENTIFY, OPERATION.] Identification and 410.2 operation of school safety patrols shall be uniform throughout 410.3 the state and the method of identification and signals to be 410.4 used shall be as prescribed by the commissioner of public 410.5 safety. School safety patrol members may wear fluorescent 410.6 reflective vests. 410.7 Sec. 33. [123.354] [BACKGROUND CHECK.] 410.8 Subdivision 1. [BACKGROUND CHECK REQUIRED.] A school 410.9 hiring authority, as defined in subdivision 4, must request a 410.10 criminal history background check from the superintendent of the 410.11 bureau of criminal apprehension on all individuals who are 410.12 offered employment in the school, as defined in subdivision 4. 410.13 In order to be eligible for employment, an individual who is 410.14 offered employment must provide an executed criminal history 410.15 consent form and a money order or cashier's check payable to the 410.16 bureau of criminal apprehension for the fee for conducting the 410.17 criminal history background check. A school may charge a person 410.18 offered employment an additional fee of up to $2 to cover the 410.19 school's costs under this section. The superintendent must 410.20 perform the background check by retrieving criminal history data 410.21 maintained in the criminal justice information system computers. 410.22 Subd. 2. [CONDITIONAL HIRING; DISCHARGE.] A school hiring 410.23 authority may hire an individual pending completion of a 410.24 background check under subdivision 1 but must notify the 410.25 individual that the individual's employment may be terminated 410.26 based on the result of the background check. A school hiring 410.27 authority is not liable for failing to hire or for terminating 410.28 an individual's employment based on the result of a background 410.29 check under this section. 410.30 Subd. 3. [DEFINITIONS.] For purposes of this section: 410.31 (a) "School" means a school as defined in section 120.101, 410.32 subdivision 4, except a home-school, and includes a school 410.33 receiving tribal contract or grant school aid under section 410.34 124.86. 410.35 (b) "School hiring authority" means the school principal or 410.36 other person having general control and supervision of the 411.1 school. 411.2 Sec. 34. [123.355] [INSUFFICIENT FUNDS TO PAY ORDERS.] 411.3 (a) In the event that a district or a cooperative unit 411.4 defined in section 123.35, subdivision 19b, has insufficient 411.5 funds to pay its usual lawful current obligations, subject to 411.6 section 471.69, the board may enter into agreements with banks 411.7 or any person to take its orders. Any order drawn, after having 411.8 been presented to the treasurer for payment and not paid for 411.9 want of funds, must be endorsed by the treasurer by putting on 411.10 the back thereof the words "not paid for want of funds," giving 411.11 the date of endorsement and signed by the treasurer. The 411.12 treasurer shall make a record of such presentment, nonpayment 411.13 and endorsement. The treasurer shall serve a written notice 411.14 upon the payee or the payee's assignee, personally, or by mail, 411.15 when the treasurer is prepared to pay such orders. The notice 411.16 may be directed to the payee or the payee's assignee at the 411.17 address given in writing by such payee or assignee to such 411.18 treasurer, at any time prior to the service of such notice. No 411.19 order shall draw any interest if such address is not given when 411.20 the same is unknown to the treasurer, and no order shall draw 411.21 any interest after the service of such notice. 411.22 (b) A district may enter, subject to section 471.69, into a 411.23 line of credit agreement with a financial institution. The 411.24 amount of credit available must not exceed 95 percent of average 411.25 expenditure per month of operating expenditures in the previous 411.26 fiscal year. Any amount advanced must be repaid no later than 411.27 45 days after the day of advancement. 411.28 Sec. 35. [123.356] [LAND IN SETTLEMENT OF CLAIM AGAINST 411.29 SURETY.] 411.30 Subdivision 1. [POWER OF BOARD TO ACCEPT.] When any 411.31 district now has or asserts any claim or judgment against any 411.32 sureties on the bonds of any depository of its funds for the 411.33 failure of any such depository to account for or pay over any 411.34 such funds and the board or other governing body of the district 411.35 determines that the claim or judgment, or some part thereof, is 411.36 not collectible in cash, then any such board or governing body 412.1 may by resolution determine to accept and receive, in complete 412.2 or partial satisfaction or settlement of any such claim or 412.3 judgment, lands or interest therein within this state and may 412.4 acquire the same for and in the name of such district either by 412.5 deed or deeds of conveyance from the owners, or as purchaser at 412.6 execution sale or sales under any such judgment. 412.7 Subd. 2. [TITLE TO BE HELD BY DISTRICT.] The district must 412.8 hold title to lands or interests so acquired. The district must 412.9 sell each tract or portion as soon as there may be realized the 412.10 fair value as determined by such board. Any such sale may be 412.11 authorized by resolution of the board, and may be made for cash, 412.12 or for part cash and the deferred balance secured by contract 412.13 for deed or purchase money mortgage, on such terms as the board 412.14 approves. Conveyances, contracts, or other instruments 412.15 evidencing any sale shall be executed by the chair and the clerk 412.16 of the board. Lands so acquired and held for resale shall be 412.17 deemed public lands used for exclusively public purposes and as 412.18 such shall be exempt from taxation. 412.19 Sec. 36. [123.357] [ATHLETIC PROGRAMS; SEX 412.20 DISCRIMINATION.] 412.21 Subdivision 1. [PURPOSE.] The legislature recognizes 412.22 certain past inequities in access to athletic programs and in 412.23 the various degrees of athletic opportunity previously afforded 412.24 members of each sex. The purpose of this section is to provide 412.25 an equal opportunity for members of both sexes to participate in 412.26 athletic programs. 412.27 Subd. 2. [EQUAL OPPORTUNITY IN ATHLETIC PROGRAMS.] Each 412.28 educational institution or public service shall provide equal 412.29 opportunity for members of both sexes to participate in its 412.30 athletic program. In determining whether equal opportunity to 412.31 participate in athletic programs is available for the purposes 412.32 of this section, at least the following factors shall be 412.33 considered to the extent that they are applicable to a given 412.34 situation: whether the opportunity for males and females to 412.35 participate in the athletic program reflects the demonstrated 412.36 interest in athletics of the males and females in the student 413.1 body of the educational institution or the population served by 413.2 the public service; whether the variety and selection of sports 413.3 and levels of competition effectively accommodate the 413.4 demonstrated interests of members of both sexes; the provision 413.5 of equipment and supplies; scheduling of games and practice 413.6 times; assignment of coaches; provision of locker rooms; 413.7 practice and competitive facilities; and the provision of 413.8 necessary funds for teams of one sex. 413.9 Subd. 3. [EXCEPTIONS.] (1) Notwithstanding any other state 413.10 law to the contrary, in athletic programs operated by 413.11 educational institutions or public services and designed for 413.12 participants 12 years old or older or in the 7th grade or above, 413.13 it is not an unfair discriminatory practice to restrict 413.14 membership on an athletic team to participants of one sex whose 413.15 overall athletic opportunities have previously been limited. 413.16 (2) When an educational institution or a public service 413.17 provides athletic teams for children 11 years old or younger or 413.18 in the 6th grade or below, those teams shall be operated without 413.19 restrictions on the basis of sex, except that when overall 413.20 athletic opportunities for one sex have previously been limited 413.21 and there is a demonstrated interest by members of that sex to 413.22 participate on a team restricted to members of that sex, the 413.23 educational institution or public service may provide a team 413.24 restricted to members of that sex. 413.25 (3) When two teams in the same sport are in fact separated 413.26 or substantially separated according to sex, the two teams shall 413.27 be provided with substantially equal budgets per participant, 413.28 exclusive of gate receipts and other revenues generated by that 413.29 sport, and in all other respects shall be treated in a 413.30 substantially equal manner. However, nothing in this section 413.31 shall be construed to require the two teams to conduct combined 413.32 practice sessions or any other combined activities related to 413.33 athletics. 413.34 (4) If two teams are provided in the same sport, one of 413.35 these teams may be restricted to members of a sex whose overall 413.36 athletic opportunities have previously been limited, and members 414.1 of either sex shall be permitted to try out for the other team. 414.2 (5) Notwithstanding the provisions of clauses (1), (2) and 414.3 (4), any wrestling team may be restricted to members of one sex 414.4 whether or not the overall athletic opportunities of that sex 414.5 have previously been limited, provided that programs or events 414.6 are provided for each sex to the extent the educational 414.7 institution or public service determines that these programs or 414.8 events are necessary to accommodate the demonstrated interest of 414.9 each sex to participate in wrestling. 414.10 Subd. 4. [PROVISION OF SEPARATE TEAMS.] When an equal 414.11 opportunity to participate in the elementary or secondary school 414.12 level athletic program of an educational institution or public 414.13 service is not provided to members of a sex whose overall 414.14 athletic opportunities have previously been limited, that 414.15 educational institution or public service shall, where there is 414.16 demonstrated interest, provide separate teams for members of the 414.17 excluded sex in sports which it determines will provide members 414.18 of that excluded sex with an equal opportunity to participate in 414.19 its athletic program and which will attempt to accommodate their 414.20 demonstrated interests. 414.21 Subd. 5. [RULES.] The state board of education, after 414.22 consultation with the commissioner of human rights must 414.23 promulgate rules in accordance with chapter 14 to implement this 414.24 section to prevent discrimination in elementary and secondary 414.25 school athletic programs operated by educational institutions. 414.26 The rules promulgated by the state board pursuant to this 414.27 section shall not require athletic competition or tournaments 414.28 for teams whose membership may be restricted to members of a sex 414.29 whose overall athletic opportunities have previously been 414.30 limited to be scheduled in conjunction with the scheduling of 414.31 athletic competition or tournaments for teams whose membership 414.32 is not so restricted by this section. Any organization, 414.33 association or league entered into by elementary or secondary 414.34 schools or public services for the purpose of promoting sports 414.35 or adopting rules and regulations for the conduct of athletic 414.36 contests between members shall provide rules and regulations and 415.1 conduct its activities so as to permit its members to comply 415.2 fully with this section. The rules of that organization, 415.3 association or league may provide separate seasons for athletic 415.4 competition or tournaments in a sport for teams whose membership 415.5 may be restricted to members of a sex whose overall athletic 415.6 opportunities have previously been limited from athletic 415.7 competition or tournaments established for teams in that same 415.8 sport whose membership is not so restricted by this section, and 415.9 its rules may prohibit a participating student from competing on 415.10 more than one school team in a given sport during a single 415.11 school year. 415.12 Sec. 37. [123.358] [REPORTS OF DANGEROUS WEAPON INCIDENTS 415.13 IN SCHOOL ZONES.] 415.14 Subdivision 1. [DEFINITIONS.] As used in this section: 415.15 (1) "dangerous weapon" has the meaning given it in section 415.16 609.02, subdivision 6; 415.17 (2) "school" has the meaning given it in section 120.101, 415.18 subdivision 4; and 415.19 (3) "school zone" has the meaning given it in section 415.20 152.01, subdivision 14a, clauses (1) and (3). 415.21 Subd. 2. [REPORTS; CONTENT.] By January 1, 1994, the 415.22 commissioner, in consultation with the criminal and juvenile 415.23 information policy group, shall develop a standardized form to 415.24 be used by schools to report incidents involving the use or 415.25 possession of a dangerous weapon in school zones. The form 415.26 shall include the following information: 415.27 (1) a description of each incident, including a description 415.28 of the dangerous weapon involved in the incident; 415.29 (2) where, at what time, and under what circumstances the 415.30 incident occurred; 415.31 (3) information about the offender, other than the 415.32 offender's name, including the offender's age; whether the 415.33 offender was a student and, if so, where the offender attended 415.34 school; and whether the offender was under school expulsion or 415.35 suspension at the time of the incident; 415.36 (4) information about the victim other than the victim's 416.1 name, if any, including the victim's age; whether the victim was 416.2 a student and, if so, where the victim attended school; and if 416.3 the victim was not a student, whether the victim was employed at 416.4 the school; 416.5 (5) the cost of the incident to the school and to the 416.6 victim; and 416.7 (6) the action taken by the school administration to 416.8 respond to the incident. 416.9 The commissioner also shall develop an alternative 416.10 reporting format that allows school districts to provide 416.11 aggregate data, with an option to use computer technology to 416.12 report the data. 416.13 Subd. 3. [REPORTS; FILING REQUIREMENTS.] By February 1 and 416.14 July 1 of each year, each school shall report incidents 416.15 involving the use or possession of a dangerous weapon in school 416.16 zones to the commissioner. The reports must be made on the 416.17 standardized forms or using the alternative format developed by 416.18 the commissioner under subdivision 2. The commissioner shall 416.19 compile the information it receives from the schools and report 416.20 it annually to the commissioner of public safety, the criminal 416.21 and juvenile information policy group, and the legislature. 416.22 Sec. 38. [123.359] [FINDINGS; IMPROVING INSTRUCTION AND 416.23 CURRICULUM.] 416.24 The legislature finds that a process is needed to enable 416.25 school boards and communities to decide matters related to 416.26 planning, providing, and improving education instruction and 416.27 curriculum in the context of the state's high school graduation 416.28 standards. The process should help districts evaluate the 416.29 impact of instruction and curriculum on students' abilities to 416.30 meet graduation standards, use evaluation results to improve 416.31 instruction and curriculum, and determine services that 416.32 districts and other public education entities can provide 416.33 collaboratively with institutions including families and private 416.34 or public organizations and agencies. The legislature 416.35 anticipates that a highly focused public education strategy will 416.36 be an integral part of each district's review and improvement of 417.1 instruction and curriculum. 417.2 Sec. 39. [123.3592] [SCHOOL DISTRICT PROCESS.] 417.3 Subdivision 1. [DEFINITIONS.] For the purposes of this 417.4 section and section 123.97, the following terms have the 417.5 meanings given them. 417.6 (a) "Instruction" means methods of providing learning 417.7 experiences that enables a student to meet graduation standards. 417.8 (b) "Curriculum" means written plans for providing students 417.9 with learning experiences that lead to knowledge, skills, and 417.10 positive attitudes. 417.11 Subd. 2. [ADOPTING POLICIES.] A school board shall adopt 417.12 annually a written policy that includes the following: 417.13 (1) district goals for instruction and curriculum; 417.14 (2) a process for evaluating each student's progress toward 417.15 meeting graduation standards and identifying the strengths and 417.16 weaknesses of instruction and curriculum affecting students' 417.17 progress; 417.18 (3) a system for periodically reviewing all instruction and 417.19 curriculum; 417.20 (4) a plan for improving instruction and curriculum; and 417.21 (5) an instruction plan that includes education 417.22 effectiveness processes developed under section 121.608 and 417.23 integrates instruction, curriculum, and technology. 417.24 Subd. 3. [INSTRUCTION AND CURRICULUM ADVISORY COMMITTEE.] 417.25 Each school board shall establish an instruction and curriculum 417.26 advisory committee to ensure active community participation in 417.27 all phases of planning and improving the instruction and 417.28 curriculum affecting state graduation standards. A district 417.29 advisory committee, to the extent possible, shall reflect the 417.30 diversity of the district and its learning sites, and shall 417.31 include teachers, parents, support staff, pupils, and other 417.32 community residents. The district may establish building teams 417.33 as subcommittees of the district advisory committee under 417.34 subdivision 4. The district advisory committee shall recommend 417.35 to the school board districtwide education standards, 417.36 assessments, and program evaluations. Learning sites may expand 418.1 upon district evaluations of instruction, curriculum, 418.2 assessments, or programs. Whenever possible, parents and other 418.3 community residents shall comprise at least two-thirds of 418.4 advisory committee members. 418.5 Subd. 4. [BUILDING TEAM.] A school may establish a 418.6 building team to develop and implement an education 418.7 effectiveness plan to improve instruction and curriculum. The 418.8 team shall advise the board and the advisory committee about 418.9 developing an instruction and curriculum improvement plan that 418.10 aligns curriculum, assessment of student progress in meeting 418.11 state graduation standards, and instruction. 418.12 Subd. 5. [REPORT.] (a) By October 1 of each year, the 418.13 school board shall use standard statewide reporting procedures 418.14 the commissioner develops and adopt a report that includes the 418.15 following: 418.16 (1) student performance goals for meeting state graduation 418.17 standards adopted for that year; 418.18 (2) results of local assessment data, and any additional 418.19 test data; 418.20 (3) the annual school district improvement plans; and 418.21 (4) information about district and learning site progress 418.22 in realizing previously adopted improvement plans. 418.23 (b) The school board shall publish the report in the local 418.24 newspaper with the largest circulation in the district or by 418.25 mail. The board shall make a copy of the report available to 418.26 the public for inspection. The board shall send a copy of the 418.27 report to the commissioner of children, families, and learning 418.28 by October 15 of each year. 418.29 (c) The title of the report shall contain the name and 418.30 number of the school district and read "Annual Report on 418.31 Curriculum, Instruction, and Student Performance." The report 418.32 must include at least the following information about advisory 418.33 committee membership: 418.34 (1) the name of each committee member and the date when 418.35 that member's term expires; 418.36 (2) the method and criteria the school board uses to select 419.1 committee members; and 419.2 (3) the date by which a community resident must apply to 419.3 next serve on the committee. 419.4 Subd. 6. [STUDENT EVALUATION.] The school board annually 419.5 shall provide high school graduates or GED recipients who 419.6 receive a diploma or its equivalent from the school district 419.7 with an opportunity to report to the board on the following: 419.8 (1) the quality of district instruction, curriculum, and 419.9 services; 419.10 (2) the quality of district delivery of instruction, 419.11 curriculum, and services; 419.12 (3) the utility of district facilities; and 419.13 (4) the effectiveness of district administration. 419.14 Subd. 7. [PERIODIC REPORT.] Each school district shall 419.15 periodically ask affected constituencies about their level of 419.16 satisfaction with school. The district shall include the 419.17 results of this evaluation in the report required under 419.18 subdivision 5. 419.19 Subd. 8. [BIENNIAL EVALUATION; ASSESSMENT PROGRAM.] At 419.20 least once every two years, the district report shall include an 419.21 evaluation of the district testing programs, according to the 419.22 following: 419.23 (1) written objectives of the assessment program; 419.24 (2) names of tests and grade levels tested; 419.25 (3) use of test results; and 419.26 (4) implementation of an assurance of mastery program. 419.27 Sec. 40. [123.3594] [PARENTAL INVOLVEMENT PROGRAMS.] 419.28 Subdivision 1. [PROGRAM GOALS.] The department, in 419.29 consultation with the state curriculum advisory committee, must 419.30 develop guidelines and model plans for parental involvement 419.31 programs that will: 419.32 (1) engage the interests and talents of parents or 419.33 guardians in recognizing and meeting the emotional, 419.34 intellectual, and physical needs of their school-age children; 419.35 (2) promote healthy self-concepts among parents or 419.36 guardians and other family members; 420.1 (3) offer parents or guardians a chance to share and learn 420.2 about educational skills, techniques, and ideas; 420.3 (4) provide creative learning experiences for parents or 420.4 guardians and their school-age children, including involvement 420.5 from parents or guardians of color; 420.6 (5) encourage parents to actively participate in their 420.7 district's curriculum advisory committee under section 126.666 420.8 in order to assist the school board in improving children's 420.9 education programs; and 420.10 (6) encourage parents to help in promoting school 420.11 desegregation/integration. 420.12 Subd. 2. [PLAN CONTENTS.] Model plans for a parental 420.13 involvement program must include at least the following: 420.14 (1) program goals; 420.15 (2) means for achieving program goals; 420.16 (3) methods for informing parents or guardians, in a timely 420.17 way, about the program; 420.18 (4) strategies for ensuring the full participation of 420.19 parents or guardians, including those parents or guardians who 420.20 lack literacy skills or whose native language is not English, 420.21 including involvement from parents or guardians of color; 420.22 (5) procedures for coordinating the program with 420.23 kindergarten through grade 12 curriculum, with parental 420.24 involvement programs currently available in the community, with 420.25 the PER process under sections 126.661 to 126.67, and with other 420.26 education facilities located in the community; 420.27 (6) strategies for training teachers and other school staff 420.28 to work effectively with parents and guardians; 420.29 (7) procedures for parents or guardians and educators to 420.30 evaluate and report progress toward program goals; and 420.31 (8) a mechanism for convening a local community advisory 420.32 committee composed primarily of parents or guardians to advise a 420.33 district on implementing a parental involvement program. 420.34 Subd. 3. [PLAN ACTIVITIES.] Activities contained in the 420.35 model plans must include: 420.36 (1) educational opportunities for families that enhance 421.1 children's learning development; 421.2 (2) educational programs for parents or guardians on 421.3 families' educational responsibilities and resources; 421.4 (3) the hiring, training, and use of parental involvement 421.5 liaison workers to coordinate family involvement activities and 421.6 to foster communication among families, educators, and students; 421.7 (4) curriculum materials and assistance in implementing 421.8 home and community-based learning activities that reinforce and 421.9 extend classroom instruction and student motivation; 421.10 (5) technical assistance, including training to design and 421.11 carry out family involvement programs; 421.12 (6) parent resource centers; 421.13 (7) parent training programs and reasonable and necessary 421.14 expenditures associated with parents' attendance at training 421.15 sessions; 421.16 (8) reports to parents on children's progress; 421.17 (9) use of parents as classroom volunteers, or as 421.18 volunteers in before and after school programs for school-age 421.19 children, tutors, and aides; 421.20 (10) soliciting parents' suggestions in planning, 421.21 developing, and implementing school programs; 421.22 (11) educational programs and opportunities for parents or 421.23 guardians that are multicultural, gender fair, and disability 421.24 sensitive; 421.25 (12) involvement in a district's curriculum advisory 421.26 committee or a school building team under section 126.666; and 421.27 (13) opportunities for parent involvement in developing, 421.28 implementing, or evaluating school and district 421.29 desegregation/integration plans. 421.30 Sec. 41. [123.3598] [PARENTAL CURRICULUM REVIEW.] 421.31 Each school district shall have a procedure for a parent, 421.32 guardian, or an adult student, 18 years of age or older, to 421.33 review the content of the instructional materials to be provided 421.34 to a minor child or to an adult student and, if the parent, 421.35 guardian, or adult student objects to the content, to make 421.36 reasonable arrangements with school personnel for alternative 422.1 instruction. Alternative instruction may be provided by the 422.2 parent, guardian, or adult student if the alternative 422.3 instruction, if any, offered by the school board does not meet 422.4 the concerns of the parent, guardian, or adult student. The 422.5 school board is not required to pay for the costs of alternative 422.6 instruction provided by a parent, guardian, or adult student. 422.7 School personnel may not impose an academic or other penalty 422.8 upon a student merely for arranging alternative instruction 422.9 under this section. School personnel may evaluate and assess 422.10 the quality of the student's work. 422.11 Sec. 42. Minnesota Statutes 1996, section 123.36, is 422.12 amended to read: 422.13 123.36 [SCHOOLHOUSES AND SITES; ACCESS FOR NONCURRICULAR 422.14 PURPOSES.] 422.15 Subdivision 1. [SITES.] According to section 124.91, 422.16 subdivision 1, or 465.71, when funds are availabletherefor, the 422.17 board may locate and acquire necessary sites of schoolhouses or 422.18 enlargements, or additions to existing schoolhouse sites by 422.19 lease, purchase or condemnation under the right of eminent 422.20 domain; it may erect schoolhousesthereonon the sites; it may 422.21 erect or purchase garages for district-owned school buses. When 422.22 property is taken by eminent domain by authority of this 422.23 subdivision when needed by theschooldistrict for such 422.24 purposes, the fact that the propertyso neededhas been acquired 422.25 by the owner under the power of eminent domain or is already 422.26 devoted to public use, shall not prevent its acquisition by 422.27 theschooldistrict. The board may sell or exchange 422.28 schoolhouses or sites, and execute deeds of conveyance thereof. 422.29 Subd. 5. [USE OF SCHOOL HOUSES.] The board may authorize 422.30 the use of any schoolhouses in the district for divine worship, 422.31 Sunday schools, public meetings, elections, post-secondary 422.32 instruction, and other community purposes that, in its judgment, 422.33 will not interfere with their use for school purposes. Before 422.34 permitting any of these uses, the board may require a cash or 422.35 corporate surety bond in a reasonable amount conditioned for the 422.36 proper use of the schoolhouse, payment of all rent, and repair 423.1 of all damageoccasionedcaused by the use. It may determine a 423.2 reasonable charge for using the schoolhouse. 423.3 It may authorize the use of any schoolhouses or buildings 423.4 owned or leased by the district for primaries, elections, 423.5 registrations, and related activities if the board determines 423.6 that the use will not interfere with school purposes. It may 423.7 impose reasonable regulations and conditions upon the use as may 423.8 seem necessary and proper. 423.9 Subd. 7. [LEASE ROOMS OR BUILDINGS.] When necessary, the 423.10 board may lease rooms or buildings for school purposes. 423.11 Subd. 10. [LEASE FOR NONSCHOOL PURPOSE.] (a) The board may 423.12 lease to any person, business, or organization a schoolhouse 423.13 that is not needed for school purposes, or part of a schoolhouse 423.14 that is not needed for school purposes if the board determines 423.15 that leasing part of a schoolhouse does not interfere with the 423.16 educational programs taking place in the rest of the building. 423.17 The board may charge and collect reasonable consideration for 423.18 the lease and may determine the terms and conditions of the 423.19 lease. 423.20 (b) In districts with outstanding bonds, the net proceeds 423.21 of the leaseshallmust be first deposited in the debt 423.22 retirement fund of the district in an amount sufficient to meet 423.23 when due that percentage of the principal and interest payments 423.24 for outstanding bonds that is ascribable to the payment of 423.25 expenses necessary and incidental to the construction or 423.26 purchase of the particular building or property that is leased. 423.27 Any remaining net proceeds in these districts may be deposited 423.28 in either the debt redemption fund or capital expenditure fund. 423.29 All net proceeds of the lease in districts without outstanding 423.30 bonds shall be deposited in the capital expenditure fund of the 423.31 district. 423.32 (c) The board may make capital improvements, including 423.33 fixtures, to a schoolhouse or a portion thereof, not exceeding 423.34 in cost the replacement value of the schoolhouse, to facilitate 423.35 its rental, and the lease of an improved schoolhouse, or part of 423.36 it, shall provide for rentals which will recover the cost of the 424.1 improvements over the initial term of the lease. 424.2 Notwithstanding clause (b), the portion of the rentals 424.3 representing the cost of the improvements shall be deposited in 424.4 the capital expenditure fund of the district and the balance of 424.5 the rentals shall be used as provided in clause (b). 424.6 Subd. 11. [SCHOOLHOUSE CLOSING.] The board may close a 424.7 schoolhouse only after a public hearing on the question of the 424.8 necessity and practicability of the proposed closing. Published 424.9 notice of the hearing shall be given for two weeks in the 424.10 official newspaper of the district. The time and place of the 424.11 meeting, the description and location of the schoolhouse, and a 424.12 statement of the reasons for the closingshallmust be specified 424.13 in the notice. Parties requesting to give testimony for and 424.14 against the proposal shall be heard by the board before it makes 424.15 a final decision to close or not to close the schoolhouse. 424.16 Subd. 13. [PROCEEDS OF SALE OR EXCHANGE.] Proceeds of the 424.17 sale or exchange of school buildings or real property of the 424.18schooldistrictshallmust be used as provided in this 424.19 subdivision. 424.20 (a) In districts with outstanding bonds, the proceeds of 424.21 the sale or exchange shall first be deposited in the debt 424.22 retirement fund of the district in an amount sufficient to meet 424.23 when due that percentage of the principal and interest payments 424.24 for outstanding bonds which is ascribable to the payment of 424.25 expenses necessary and incidental to the construction or 424.26 purchase of the particular building or property which is sold. 424.27 (b) After satisfying the requirements of paragraph (a), a 424.28 district with outstanding bonds may deposit proceeds of the sale 424.29 or exchange in its capital expenditure fund if the amount 424.30 deposited is used for the following: 424.31 (1) for expenditures for the cleanup of polychlorinated 424.32 biphenyls, if the method for cleanup is approved by the 424.33 departmentof children, families, and learning; 424.34 (2) for capital expenditures for the betterment, as defined 424.35 in section 475.51, subdivision 8, of district-owned school 424.36 buildings; or 425.1 (3) to replace the building or property sold. 425.2 (c) In a district with outstanding bonds, the amount of the 425.3 proceeds of the sale or exchange remaining after the application 425.4 of paragraphs (a) and (b), which is sufficient to meet when due 425.5 that percentage of the principal and interest payments for the 425.6 district's outstanding bonds which is not governed by paragraph 425.7 (a), shall be deposited in the debt retirement fund. 425.8 (d) Any proceeds of the sale or exchange remaining in 425.9 districts with outstanding bonds after the application of 425.10 paragraphs (a), (b), and (c), and all proceeds of the sale or 425.11 exchange in districts without outstanding bonds shall be 425.12 deposited in the capital expenditure fund of the district. 425.13 (e) Notwithstanding paragraphs (b) and (c), a district with 425.14 outstanding bonds may deposit in its capital expenditure fund 425.15 and use for any lawful capital expenditure without the reduction 425.16 of any levy limitation the same percentage of the proceeds of 425.17 the sale or exchange of a building or property as the percentage 425.18 of the initial cost of purchasing or constructing the building 425.19 or property which was paid using revenue from the capital 425.20 expenditure fund. 425.21 Subd. 14. [ASBESTOS REMOVAL AND POLYCHLORINATED BIPHENYLS 425.22 CLEANUP.] Notwithstanding any law to the contrary,school425.23 districts may, without an election, enter into contracts 425.24 extending beyond the end of the fiscal year to pay the costs of 425.25 removal or encapsulation of asbestos or cleanup of 425.26 polychlorinated biphenyls found in school buildings or on school 425.27 property. 425.28 Subd. 15. [USE OF BUILDINGS BY LOWER GRADES.] (a) In 425.29 addition to the protections provided in existing building and 425.30 fire code rules and standards, the following alternatives apply 425.31 for existing school buildings: 425.32 (1) rooms occupied by preschool, kindergarten, and first 425.33 and second grade students for classrooms, latchkey, day care, 425.34 early childhood family education or teen parent or similar 425.35 programs may be located on any floor level below the fourth 425.36 story of a school building if the building is protected 426.1 throughout by a complete automatic sprinkler system and a 426.2 complete automatic fire alarm system consisting of automatic 426.3 smoke detection throughout the exit system and approved smoke 426.4 detection in all rooms and areas other than classrooms and 426.5 offices; 426.6 (2) rooms used by preschool, kindergarten, or first grade 426.7 students for classrooms, latchkey, day care, early childhood 426.8 family education or teen parent or similar programs, must be 426.9 located on the story of exit discharge, and rooms used by second 426.10 grade students, for any purpose, must be located on the story of 426.11 exit discharge or one story above unless one of the following 426.12 conditions is met: 426.13 (i) a complete automatic sprinkler system is provided 426.14 throughout the building, the use of the affected room or space 426.15 is limited to one grade level at a time, and exiting is provided 426.16 from the affected room or space which is independent from the 426.17 exiting system used by older students; or 426.18 (ii) a complete approved automatic fire alarm system is 426.19 installed throughout the building consisting of automatic smoke 426.20 detection throughout the exit system and approved detection in 426.21 all rooms and areas other than classrooms and offices, the use 426.22 of the affected room or space is limited to one grade level at a 426.23 time and exiting is provided from the affected room or space 426.24 which is independent from the exiting system used by older 426.25 students. 426.26 (b) For purposes of paragraph (a), clause (2), pupils from 426.27 second grade down are considered one grade level. 426.28 (c) Accessory spaces, including gymnasiums, cafeterias, 426.29 media centers, auditoriums, libraries, and band and choir rooms, 426.30 which are used on an occasional basis by preschool, 426.31 kindergarten, and first and second grade students are permitted 426.32 to be located one level above or one level below the story of 426.33 exit discharge, provided the building is protected throughout by 426.34 a complete automatic sprinkler system or a complete approved 426.35 corridor smoke detection system. 426.36 (d) Paragraphs (a) and (c) supersede any contrary 427.1 provisions of the state fire code or state building code and 427.2 rules relating to those codes must be amended by the state 427.3 agencies having jurisdiction of them. 427.4 (e) Paragraphs (a) to (d) are effective for new school 427.5 buildings beginning July 1, 1994. 427.6 Sec. 43. Minnesota Statutes 1996, section 123.37, is 427.7 amended to read: 427.8 123.37 [INDEPENDENT SCHOOL DISTRICTS,CONTRACTS.] 427.9 Subdivision 1. [CONTRACTS.]NoA contract for work or 427.10 labor, or for the purchase of furniture, fixtures, or other 427.11 property, except books registered under the copyright laws, or 427.12 for the construction or repair of school houses, the estimated 427.13 cost or value of which shall exceed that specified in section 427.14 471.345, subdivision 3,shallmust not be made by the school 427.15 board without first advertising for bids or proposals by two 427.16 weeks' published notice in the official newspaper. This 427.17 noticeshallmust state the time and place of receiving bids and 427.18 contain a brief description of the subject matter. 427.19 Additional publication in the official newspaper or 427.20 elsewhere may be made as the board shall deem necessary. 427.21 After taking into consideration conformity with the 427.22 specifications, terms of delivery, and other conditions imposed 427.23 in the call for bids, every such contractshallmust be awarded 427.24 to the lowest responsible bidder, be duly executed in writing, 427.25 and be otherwise conditioned as required by law. The person to 427.26 whom the contract is awarded shall give a sufficient bond to the 427.27 board for its faithful performance. Notwithstanding section 427.28 574.26 or any other law to the contrary, on a contract limited 427.29 to the purchase of a finished tangible product, aschoolboard 427.30 may require, at its discretion, a performance bond of a 427.31 contractor in the amount the board considers necessary. A 427.32 recordshallmust be kept of all bids, with names of bidders and 427.33 amount of bids, and with the successful bid indicated thereon. 427.34 A bid containing an alteration or erasure of any price contained 427.35 in the bid which is used in determining the lowest responsible 427.36 bidshallmust be rejected unless the alteration or erasure is 428.1 corrected ashereinprovided in this section. An alteration or 428.2 erasure may be crossed out and the correction thereof printed in 428.3 ink or typewritten adjacent thereto and initialed in ink by the 428.4 person signing the bid. In the case of identical low bids from 428.5 two or more bidders, the board may, at its discretion, utilize 428.6 negotiated procurement methods with the tied low bidders for 428.7 that particular transaction, so long as the price paid does not 428.8 exceed the low tied bid price. In the case where only a single 428.9 bid is received, the board may, at its discretion, negotiate a 428.10 mutually agreeable contract with the bidder so long as the price 428.11 paid does not exceed the original bid. If no satisfactory bid 428.12 is received, the board may readvertise. Standard requirement 428.13 price contracts established for supplies or services to be 428.14 purchased by the districtshallmust be established by 428.15 competitive bids. Such standard requirement price contracts may 428.16 contain escalation clauses and may provide for a negotiated 428.17 price increase or decrease based upon a demonstrable 428.18 industrywide or regional increase or decrease in the vendor's 428.19 costs. Either party to the contract may request that the other 428.20 party demonstrate such increase or decrease. The term of such 428.21 contractsshallmust not exceed two years with an option on the 428.22 part of the district to renew for an additional two years. 428.23Provided that in the case ofContracts for the purchase of 428.24 perishable food items, except milk for school lunches and 428.25 vocational training programs,a contract ofin any amount may be 428.26 made by direct negotiation by obtaining two or more written 428.27 quotations for the purchase or sale, when possible, without 428.28 advertising for bids or otherwise complying with the 428.29 requirements of this section or section 471.345, subdivision 3. 428.30 All quotations obtained shall be kept on file for a period of at 428.31 least one year after receiptthereof. 428.32 Every contract made without compliance with the provisions 428.33 of this section shall be void.Provided, thatExcept in the 428.34 case of the destruction of buildings or injury thereto, where 428.35 the public interest would suffer by delay, contracts for repairs 428.36 may be made without advertising for bids. 429.1 Subd. 1a. [CONTRACT WITHIN BUDGETED AMOUNTS.] The board 429.2 may authorize its superintendent or business manager to lease, 429.3 purchase, and contract for goods and services within the budget 429.4 as approved by the board, provided that. Any transaction in an 429.5 amount exceeding the minimum amount for which bids are required 429.6 must first be specifically authorized by the board and must 429.7 fulfill all other applicable requirements in subdivision 1. 429.8 Subd. 1b. [TRANSPORTATION; FUEL.] Notwithstanding the 429.9 provisions of subdivision 1 or section 471.345, a contract for 429.10 the transportation of school children, or a contract for the 429.11 purchase of petroleum heating fuel or fuel for vehicles may be 429.12 made by direct negotiation, by obtaining two or more written 429.13 quotations for the service when possible, or upon sealed bids. 429.14 At least 30 days before awarding a directly negotiated contract, 429.15 theschooldistrictshallmust, by published notice, request 429.16 quotations for the service to be provided. All quotations 429.17 obtainedshallmust be kept on file for a period of at least one 429.18 year after receiptthereof. If a contract is made by direct 429.19 negotiation, all quotationsshallmust be public information. 429.20 If a contract is made upon sealed bids, the procedure for 429.21 advertising and awarding bids shall conform to the provisions of 429.22 subdivision 1 except as otherwise provided in this subdivision. 429.23 Notwithstanding the provisions of subdivision 1 or section 429.24 574.26, a performance bondshallmust be required of a 429.25 contractor on a contract for the transportation of school 429.26 children only whenand in the amountdeemed necessary by and at 429.27 the discretion of theschoolboard. Such a performance bond 429.28 must be in the amount determined by the board. 429.29 Subd. 2. [CONTRACTS WITH BOARD MEMBERS.] Members of the 429.30 board are authorized to contract with, to work for, and furnish 429.31 supplies to the district subject to the provisions of section 429.32 471.87. 429.33 Sec. 44. Minnesota Statutes 1996, section 123.38, is 429.34 amended to read: 429.35 123.38 [COCURRICULAR AND EXTRACURRICULAR ACTIVITIES; 429.36 INSURANCE.] 430.1 Subdivision 1. [ACTIVITIES OUTSIDE DISTRICT LIMITS.] 430.2 Whenever itshall appearappears to be beneficial and for the 430.3 best interest of the district and the pupils of the district to 430.4 carry on any school sport activities or educational activities 430.5 connected with their studies outside of the territorial limits 430.6 of theschooldistrict, the board may authorize such activities 430.7 to be conducted under such rules and regulations as the board 430.8 deems sufficient. The district may pay all necessary costs 430.9 therefor including transportation from theschooldistrict funds 430.10 available. 430.11 Subd. 2. [COCURRICULAR ACTIVITIES AUTHORIZATION.] The 430.12 boardshallmust take charge of and control all cocurricular 430.13 school activities of the teachers and children of the public 430.14 schools in that district held in the school building or school 430.15 grounds or under the supervision or direction of the school 430.16 boardand to that end. The board must adopt rules and 430.17 regulations for the conduct ofthesecocurricular activities in 430.18 which the schools of the district or any class or pupils therein 430.19 may participate. All money received on account of such 430.20 activitiesshallmust be turned over to theschooldistrict 430.21 treasurer, who shall keep the same in the general fund, to be 430.22 disbursed for expenses and salaries connected with the 430.23 activities, or otherwise, by the board upon properly allowed 430.24 itemized claims. 430.25No cocurricular activity shall be participated in by the430.26 Teachers or pupils in the public schools of such district must 430.27 not participate in cocurricular activities, nor shall the school 430.28 name or any allied name be used in connection therewith, except 430.29 by consent and direction of the board. 430.30 Subd. 2a. [COCURRICULAR ACTIVITIES.] Cocurricular 430.31 activitiesshall meanmeans school sponsored and directed 430.32 activities designed to provide opportunities for pupils to 430.33 participate, on an individual or group basis, in school and 430.34 public events for the improvement of skills. Cocurricular 430.35 activities are not offered for school credit, cannot be counted 430.36 toward graduation and have one or more of the following 431.1 characteristics: 431.2 (a) They are conducted at regular and uniform times during 431.3 school hours, or at times established by school authorities; 431.4 (b) Although not offered for credit, they are directed or 431.5 supervised by instructional staff in a learning environment 431.6 similar to that found in courses offered for credit; 431.7 (c) They are partially funded by public moneys for general 431.8 instructional purposes under direction and control of the board. 431.9 Subd. 2b. [BOARD CONTROL OF EXTRACURRICULAR ACTIVITIES.] 431.10 (a) The board may take charge of and control all extracurricular 431.11 activities of the teachers and children of the public schools in 431.12 the district. Extracurricular activitiesshall meanmeans all 431.13 direct and personal services for public school pupils for their 431.14 enjoyment that are managed and operated under the guidance of an 431.15 adult or staff member. 431.16 (b) Extracurricular activities have all of the following 431.17 characteristics: 431.18 (1) they are not offered for school credit nor required for 431.19 graduation; 431.20 (2) they are generally conducted outside school hours, or 431.21 if partly during school hours, at times agreed by the 431.22 participants, and approved by school authorities; 431.23 (3) the content of the activities is determined primarily 431.24 by the pupil participants under the guidance of a staff member 431.25 or other adult. 431.26 (c) If the board does not take charge of and control 431.27 extracurricular activities, these activities shall be 431.28 self-sustaining with all expenses, except direct salary costs 431.29 and indirect costs of the use of school facilities, met by dues, 431.30 admissions, or other student fundraising events. The general 431.31 fundshallmust reflect only those salaries directly related to 431.32 and readily identified with the activity and paid by public 431.33 funds. Other revenues and expenditures for extra curricular 431.34 activities must be recorded according to the "Manual of 431.35 Instruction for Uniform Student Activities Accounting for 431.36 Minnesota School Districts and Area Vocational-Technical 432.1 Colleges." Extracurricular activities not under board control 432.2 must have an annual financial audit and must also be audited 432.3 annually for compliance with this section. 432.4 (d) If the board takes charge of and controls 432.5 extracurricular activities, any or all costs of these activities 432.6 may be provided from school revenues and all revenues and 432.7 expenditures for these activities shall be recorded in the same 432.8 manner as other revenues and expenditures of the district. 432.9 (e) If the board takes charge of and controls 432.10 extracurricular activities,no such activity shall be432.11participated in bythe teachers or pupils in the district must 432.12 not participate in such activity, nor shall the school name or 432.13 any allied name be used in connection therewith, except by 432.14 consent and direction of the board. 432.15 Subd. 3. [INSURANCE.] The board may enter into a contract 432.16 providing for the payment of cash benefits or the rendering or 432.17 payment of hospital and medical benefits, or both to school 432.18 children injured while participating in activities of the 432.19 school, such. The contracttoentered into by the board may 432.20 make the payment of such benefits or the rendering thereof the 432.21 direct and sole obligation of the association or company 432.22 entering into such contract with the district. 432.23 If the board deems it advisable, it may authorize employees 432.24 to collect fees from the pupils enrolled in said school who are 432.25 to be or are covered by such contract, and to make payment of 432.26 the premium or other charge for such contract or protection. 432.27 The payment of such premium or other charge may be made from 432.28 funds received from the federal government or from the state or 432.29 any governmental subdivision thereof, or from funds derived by a 432.30 tax levy or the issuance of bonds. 432.31 The child's payment of any fees, premium or other chargeby432.32such childshall not thereby make the district liable for any 432.33 injuries incurred from such school activities. 432.34 The state board of education may purchase medical insurance 432.35 coverage for the benefit of students of the Minnesota state 432.36 academy for the deaf or the Minnesota state academy for the 433.1 blind in the same manner and with the same effect as a school 433.2 district board may do for its students under this subdivision. 433.3 Subd. 4. [INSURANCE LAWS.] The insurance laws of this 433.4 state shall not apply to nonprofit benefit and relief 433.5 associations formed by public schools or officers of public 433.6 schools or the Minnesota state high school league, the 433.7 privileges of which and applications for membership in which are 433.8 confined to pupils of the schools, and the benefits and relief 433.9 to be derived therefrom are limited to pupils injured or 433.10 disabled from participation in school athletics or any 433.11 supervised school activity. 433.12 Sec. 45. Minnesota Statutes 1996, section 123.39, is 433.13 amended to read: 433.14 123.39 [INDEPENDENT SCHOOL DISTRICTS, TRANSPORTATION.] 433.15 Subdivision 1. [AUTHORITY TO TRANSPORT PUPILS.] The board 433.16 may provide for the transportation of pupils to and from school 433.17 and for any other purpose. The board may also provide for the 433.18 transportation of pupils to schools in other districts for 433.19 grades and departments not maintained in the district, including 433.20 high school, at the expense of the district, when funds are 433.21 available therefor and if agreeable to the district to which it 433.22 is proposed to transport the pupils, for the whole or a part of 433.23 the school year, as it may deem advisable, and subject to its 433.24 rules. In anyschooldistrict, the boardshallmust arrange for 433.25 the attendance of all pupils living two miles or more from the 433.26 school, except pupils whose transportation privileges have been 433.27 revoked under section 123.805, subdivision 1, clause (6), or 433.28 123.7991, paragraph (b), through suitable provision. The 433.29 district may provide for the transportation of orthroughthe 433.30 boarding and rooming of the pupils who may be more economically 433.31 and conveniently provided for by that means. The boardshall433.32 must provide transportation to and from the home of a child with 433.33 a disability not yet enrolled in kindergarten when special 433.34 instruction and services under sections 120.17 and 120.1701 are 433.35 provided in a location other than in the child's home. When 433.36 transportation is provided, scheduling of routes, establishment 434.1 of the location of bus stops, manner and method of 434.2 transportation, control and discipline of school children and 434.3 any other matter relating theretoshallmust be within the sole 434.4 discretion, control, and management of theschoolboard. The 434.5 district may provide for the transportation of pupils or expend 434.6 a reasonable amount for room and board of pupils whose 434.7 attendance at school can more economically and conveniently be 434.8 provided for by that means or who attend school in a building 434.9 rented or leased by a district within the confines of an 434.10 adjacent district. 434.11 Subd. 2. [TRANSPORTATION SERVICES CONTRACTS.] The board 434.12 may contract for the furnishing of authorized transportation 434.13 under rules established by the commissionerof children,434.14families, and learning, and may purchase gasoline and furnish 434.15 same to a contract carrier for use in the performance of a 434.16 contract with theschooldistrict for transportation of school 434.17 children to and from school. 434.18 Subd. 4. [INSTRUCTION IN ANOTHER DISTRICT.] The board may 434.19 provide for the instruction of any resident pupil in another 434.20 district when inadequate room, distance to school, unfavorable 434.21 road conditions, or other facts or conditions make attendance in 434.22 the pupil's own district unreasonably difficult or impractical, 434.23 in which case such district shall pay to the district so 434.24 attended the tuition agreed upon or charged, pursuant to section 434.25 124.18, subdivision 2, and may provide transportation; provided, 434.26 that such pupil shall continue to be a pupil of the district of 434.27 residence for the payment of apportionment and other state aids. 434.28 Subd. 5. The board may provide for the admission to the 434.29 schools of the district, of nonresident pupils, and those above 434.30 school age, and fix the rates of tuition for such pupils. 434.31 Subd. 6. [NONRESIDENT PUPILS.] For the purposes of this 434.32 subdivision, a "nonresident pupil" is a pupil who resides in one 434.33 district, defined as the "resident district" and attends school 434.34 in another district, defined as the "nonresident district." 434.35 A nonresident district may transport a nonresident pupil 434.36 within its borders. A nonresident district may not transport a 435.1 nonresident pupil on aschooldistrict owned or contractor 435.2 operated school bus within the pupil's resident district without 435.3 the approval of the resident district under section 120.062. 435.4 The parent or guardian of a nonresident pupil attending a 435.5 nonresident district under section 120.062 may submit a written 435.6 request to the resident district asking that the resident 435.7 district allow the nonresident district to provide 435.8 transportation for the pupil within the pupil's resident 435.9 district. The resident district must approve or disapprove the 435.10 request, in writing, within 30 days. The parent or guardian may 435.11 appeal the refusal of the resident district to the commissioner 435.12of children, families, and learning. The commissioner must act 435.13 on the appeal within 30 days. 435.14 Subd. 7. [TRANSPORTATION TO ANOTHER STATE.] If high school 435.15 pupils from a district within this state are being transported 435.16 to a school in another state, the board of the district from 435.17 which the pupils are being transported may provide free 435.18 transportation and tuition for any or all of its elementary 435.19 pupils to such school in another state and be entitled to state 435.20 aid as provided by law. 435.21 Subd. 8. [AUTHORITY TO RENT BUSES.] The board may rent a 435.22 bus owned by theschooldistrict excluding a motor-coach bus to 435.23 any person for any lawful purpose. Bus rentalshallmust not 435.24 interfere with the transportation of pupils by the district. A 435.25 lessee may use and operate the bus without payment of a motor 435.26 vehicle tax. The lessee is liable for any claims for injuries 435.27 and damages arising out of the use and operation of a bus leased 435.28 from the district. Except as provided in subdivision 9a, the 435.29 lessee shall procure insurance at the lessee's expense 435.30 protecting the board and the district against claims for 435.31 injuries and damages arising out of the use and operation of the 435.32 bus. 435.33 Subd. 8a. [NONPUPIL TRANSPORTATION; INSURANCE.] 435.34 Notwithstanding the provisions of section 221.021, any public 435.35 school district or school bus contractor providing 435.36 transportation services to aschooldistrict on a regular basis 436.1 in this state may operate school buses, excluding motor coach 436.2 buses, for the purpose of providing transportation to nonpupils 436.3 of the school district attending school events, as defined in 436.4 section 123.38, subdivision 2a or 2b, provided that no carrier 436.5 having a charter carrier permit has its principal office and 436.6 place of business or bus garage within 12 miles of the principal 436.7 office of theschooldistrict.SchoolDistrict owned buses and 436.8 the operators thereof shall otherwise comply with the provisions 436.9 of this section and the rules of the state board of education 436.10 and shall be insured in at least the amounts stated in section 436.11 466.04, subdivision 1. In all cases the total cost of providing 436.12 such services, as determined by sound accounting procedures, 436.13 shall be paid by charges made against those using the buses. 436.14 Subd. 8b. [TRANSPORTATION OF ANY PERSON.]SchoolDistricts 436.15 may useschooldistrict owned or contractor operated school 436.16 buses to provide transportation along regular school bus routes 436.17 on a space available basis for any person, provided that this. 436.18 Such use of a busdoesmust not interfere with the 436.19 transportation of pupils to and from school or other authorized 436.20 transportation of pupils. In all cases, the total additional 436.21 cost of providing these services, as determined by sound 436.22 accounting procedures,shallmust be paid by charges made 436.23 against those using these services or some third-party payor. 436.24 In no case shall the additional cost of this transportation be 436.25 paid by theschooldistrict. 436.26 The provisions of section 65B.47, subdivision 4, shall be 436.27 applicable to any person being transported pursuant to this 436.28 subdivision. 436.29 Subd. 8c. [PART-TIME SECONDARY STUDENTS.] School districts 436.30 may provide bus transportation along regular school bus routes 436.31 on a space available basis for part-time students enrolled in 436.32 secondary classes pursuant to section 123.35, subdivisions 8a, 436.33 8b and 8c, provided that this. Such use of a busdoesmust not 436.34 interfere with the transportation of pupils to and from school 436.35 or other authorized transportation of pupils. The total 436.36 additional cost of providing these services, as determined by 437.1 sound accounting procedures, shall be paid by charges made 437.2 against those using the services or some third-party payor. 437.3 Subd. 8d. [EARLY CHILDHOOD FAMILY EDUCATION PARTICIPANTS.] 437.4SchoolDistricts may provide bus transportation along regular 437.5 school bus routes when space is available for participants in 437.6 early childhood family education programs and learning readiness 437.7 programs if these services do not result in an increase in the 437.8 district's expenditures for transportation. The costs allocated 437.9 to these services, as determined by generally accepted 437.10 accounting principles, shall be considered part of the 437.11 authorized cost for regular transportation for the purposes of 437.12 section 124.225. 437.13 Subd. 8e. [AREA LEARNING CENTER PUPILS.]SchoolDistricts 437.14 may provide bus transportation along school bus routes 437.15 established to provide nonregular transportation as defined in 437.16 section 124.225, subdivision 1, paragraph (e)(2)(ii), when space 437.17 is available, for pupils attending programs at an area learning 437.18 center. The transportation is only permitted between schools 437.19 and if it does not increase the district's expenditures for 437.20 transportation. The cost of these services shall be considered 437.21 part of the authorized cost for nonregular transportation for 437.22 the purpose of section 124.225. 437.23 Subd. 9. [INSURANCE.] The board may provide for the 437.24 protection of pupils transported for school purposes or 437.25 activities in district owned, operated, leased, or controlled 437.26 motor vehicles against injuries or damages arising out of the 437.27 operation of these vehicles. The board may purchase and pay for 437.28 insurance from any funds available. An insurance contract 437.29 covering this risk shall contain a waiver of the defense of 437.30 governmental immunity. The payment of any insurance premiums by 437.31 the district does not in itself make the district liable for any 437.32 injuries or damages incurred by the transportation. 437.33 Subd. 9a. [INSURANCE; INDEMNITY.] If a school board has 437.34 obtained insurance pursuant to subdivision 9 or section 466.06, 437.35 it may also obtain and pay for insurance coverage to indemnify a 437.36 lessee and to protect the board and the district, in any amount 438.1 not exceeding the limits of coverage provided for the insurance 438.2 obtained pursuant to subdivision 9 or section 466.06 against 438.3 claims for injuries and damages arising out of the use and 438.4 operation of a district-owned bus while it is leased or rented 438.5 to the lessee pursuant to subdivision 8. The rental charge 438.6 shall include the cost of this additional insurance coverage. 438.7 The procurement of this additional insurance coverage 438.8 constitutes a waiver of the defense of governmental immunity to 438.9 the extent of the additional coverage but has no effect on the 438.10 liability of the board, theschooldistrict, or its employees 438.11 beyond the coverage so provided. 438.12 Subd. 10. [INSURANCE; DRIVER TRAINING COURSES.] The board 438.13 may provide and pay the premiums for the protection for school 438.14 children, instructors and automobile owners, and any other 438.15 agency cooperating in providing cars for districts where driver 438.16 training courses are being offered, against public liability, 438.17 property damage, collision, fire and theft, arising out of the 438.18 operation of any vehicle used in the courses. Nothing herein 438.19 shall make the district liable for injuries resulting from the 438.20 actions of such persons. 438.21 Subd. 11. [INSURANCE; SCHOOL SAFETY PATROL.] The board may 438.22 provide and pay the premiums for insurance against injuries 438.23 resulting to its pupils while assigned to and acting on a school 438.24 safety patrol, which. Such insurance may provide for the 438.25 payment of either cash benefits to such injured pupil or for the 438.26 payment of hospital and medical benefits to or for such injured 438.27 pupil, or both. Nothing herein shall be construed toin any way438.28 make the district liable for such injuries. 438.29 Subd. 12. [SNOW REMOVAL.] The board may enter into 438.30 contracts for the removal of snow from roads used for regular 438.31 bus routes transporting pupils to and from school either within 438.32 orwithoutoutside the district. 438.33 Subd. 13. [HANDICAPPED PERSON TRANSPORT TO DEVELOPMENTAL 438.34 ACHIEVEMENT CENTER.] The boardshallmust contract with any 438.35 licensed developmental achievement center attended by a resident 438.36 handicapped person who fulfills the eligibility requirements of 439.1 section 252.23, subdivision 1, to transport the resident 439.2 handicapped person to the developmental achievement center in 439.3 return for payment by the center of the cost of the 439.4 transportation, if transportation by the board is in the best 439.5 interest of the handicapped person and is not unreasonably 439.6 burdensome to the district and if a less expensive, reasonable, 439.7 alternative means of transporting the handicapped person does 439.8 not exist. If the board and the developmental achievement 439.9 center are unable to agree to a contract, either the board or 439.10 the center may appeal to the commissionerof children, families,439.11and learningto resolve the conflict. All decisions of the 439.12 commissioner shall be final and binding upon the board and the 439.13 center. 439.14 Subd. 14. [CUSTODIAL PARENT TRANSPORTATION.] The board may 439.15 provide transportation for a pupil who is a custodial parent and 439.16 that pupil's child between the pupil's home and a child care 439.17 provider and between the provider and the school. The 439.18 boardshallmust establish criteria for transportation it 439.19 provides according to this subdivision. 439.20 Subd. 15. [PUPIL TRANSPORT ON STAFF DEVELOPMENT DAYS.] A 439.21 school district may provide bus transportation between home and 439.22 school for pupils on days devoted to parent-teacher conferences, 439.23 teacher's workshops, or other staff development opportunities. 439.24 If approved by the commissioner as part of a program of 439.25 educational improvement, the cost of providing this 439.26 transportation, as determined by generally accepted accounting 439.27 principles, must be considered part of the authorized cost for 439.28 regular transportation for the purposes of section 124.225. The 439.29 commissioner shall approve inclusion of these costs in the 439.30 regular transportation category only if the total number of 439.31 instructional hours in the school year divided by the total 439.32 number of days for which transportation is provided equals or 439.33 exceeds the number of instructional hours per day prescribed in 439.34 the rules of the state board. 439.35 Subd. 16. [POST-SECONDARY ENROLLMENT OPTIONS PUPILS.] 439.36SchoolDistricts may provide bus transportation along school bus 440.1 routes established to provide nonregular transportation as 440.2 defined in section 124.225, subdivision 1, paragraph (c), clause 440.3 (2), when space is available, for pupils attending programs at a 440.4 post-secondary institution under the post-secondary enrollment 440.5 options program. The transportation is permitted only if it 440.6 does not increase the district's expenditures for 440.7 transportation. Fees collected for this service under section 440.8 120.73, subdivision 1, paragraph (m), shall be subtracted from 440.9 the authorized cost for nonregular transportation for the 440.10 purpose of section 124.225. 440.11 Sec. 46. [123.43] [SCHOOL CALENDAR.] 440.12 Except for learning programs during summer, flexible 440.13 learning year programs authorized under sections 120.59 to 440.14 120.67, and learning year programs under section 121.585, a 440.15 district must not commence an elementary or secondary school 440.16 year prior to Labor Day. Days which are devoted to teachers' 440.17 workshops may be held before Labor Day. Districts that enter 440.18 into cooperative agreements are encouraged to adopt similar 440.19 school calendars. 440.20 Sec. 47. [123.44] [CONDUCT OF SCHOOL ON CERTAIN HOLIDAYS.] 440.21 The governing body of any district may contract with any of 440.22 the teachers of the district for the conduct of schools, and may 440.23 conduct schools, on either, or any, of the following holidays, 440.24 provided that a clause to this effect is inserted in the 440.25 teacher's contract: Martin Luther King's birthday, Lincoln's 440.26 and Washington's birthdays, Columbus Day and Veterans' Day. On 440.27 Martin Luther King's birthday, Washington's birthday, Lincoln's 440.28 birthday, and Veterans' Day at least one hour of the school 440.29 program must be devoted to a patriotic observance of the day. 440.30 Sec. 48. Minnesota Statutes 1996, section 123.63, is 440.31 amended to read: 440.32 123.63 [EMINENT DOMAIN.] 440.33 In any municipal corporation or district in this state 440.34 where the governing body or board has the right, power, and 440.35 authority to purchase sites for school buildings without 440.36 authorization by the voters at a regular or special meeting or 441.1 election called for that purpose, such governing body or school 441.2 board shall have the right, power, and authority to condemn 441.3 lands under the right of eminent domain for sites and grounds 441.4 for public school buildingsand. The governing body or board 441.5 shall exercise such power and authorityshall be exercised under441.6andpursuant to the terms and provisions of chapter 117. Any 441.7 such corporation orschooldistrict shall have the right, upon 441.8 the filing of the award of the commissioners provided for in 441.9 chapter 117, and upon giving the notice therein required of the 441.10 filing of such award, to enter upon and appropriate the lands so 441.11 condemned without giving of any bond, but. In case of such 441.12 entry and appropriation, such corporation orschooldistrict 441.13 shall be bound absolutely to pay all damages awarded, either by 441.14 the commissioners or by the court upon appeal therefrom, 441.15 together with all costs and expenses adjudged against it therein 441.16 within the time specified in chapter 117. In case any such 441.17 corporation orschooldistrict shall appeal from the award of 441.18 commissioners appointed pursuant to any such condemnation 441.19 proceedings, such corporation or school district shall not be 441.20 required to give or file any appeal bond therein. 441.21 Sec. 49. Minnesota Statutes 1996, section 123.64, is 441.22 amended to read: 441.23 123.64 [AGRICULTURAL EDUCATION.] 441.24The board ofIn any district in which instruction in 441.25 agriculture is afforded, the board is authorized and empowered 441.26 to purchase or otherwise acquire by condemnation proceedings as 441.27 provided for acquiring schoolhouse sites in the name and in 441.28 behalf of such district, a suitable tract of land either within 441.29 orwithoutoutside of the limits of such district to be used for 441.30 the purpose of instruction, experimentation, and demonstration 441.31 in agriculture. The provisions of this section shall apply as 441.32 well to districts organized under special acts as under the 441.33 general laws, notwithstanding any provisions or restrictions in 441.34 the laws under which thesamedistricts are organized. 441.35 Sec. 50. [123.65] [NATIONAL FOREST LAND FUNDS, HANDLING 441.36 AND DISPOSITION.] 442.1 A county board may place money received by such county from 442.2 the federal government for and on account of any national forest 442.3 lands situated in the county into a special fund to be disbursed 442.4 and paid over to any district maintaining and operating any 442.5 school wholly or partly within an area constituting a part of 442.6 any auxiliary or state forest. The board must adopt a 442.7 resolution to take such action. The resolution must specify the 442.8 terms and conditions under which the money shall be paid over 442.9 and disbursed to any district. 442.10 Sec. 51. Minnesota Statutes 1996, section 123.66, is 442.11 amended to read: 442.12 123.66 [RECORDS AS EVIDENCE.] 442.13 The records of all districts and boards and all transcripts 442.14 thereof, or any part thereof, certified by the clerk or other 442.15 officer having custodythereofof the records or transcripts, 442.16 shall be prima facie evidence of the factsthereinstatedandin 442.17 the records or transcripts. All records, books, and papers of 442.18 such district or board shall be subject to the inspection of any 442.19 voter of the district. 442.20 Sec. 52. Minnesota Statutes 1996, section 123.75, 442.21 subdivision 2, is amended to read: 442.22 Subd. 2. [AUTHORITY.] Eachschooldistrict may develop a 442.23 fingerprinting program for pupils and children who reside in the 442.24 district. The principal or chief administrative officer of a 442.25 nonpublic school may develop a fingerprinting program for pupils 442.26 of the school. If developed, the program must be developed in 442.27 conjunction with law enforcement agencies having jurisdiction 442.28 within theschooldistrict or the place where the nonpublic 442.29 school is located. The law enforcement agencies must cooperate 442.30 fully with theschooldistrict or the nonpublic school in the 442.31 development of its fingerprinting program. 442.32 Sec. 53. Minnesota Statutes 1996, section 123.75, 442.33 subdivision 3, is amended to read: 442.34 Subd. 3. [LIMITATIONS AND PROCEDURES.] If developed, the 442.35 fingerprinting program may be developed only for the purpose of 442.36 assisting in the location and identification of missing 443.1 children, and must be operated according to the following 443.2 procedures: 443.3 (a) No child may be required to participate in the program. 443.4 (b) Before a child may participate in the program, the 443.5 child's parents, guardian, legal custodian, or other person 443.6 responsible for the child must authorize the child's 443.7 participation by signing a form developed by theschooldistrict 443.8 or the principal or chief administrative officer of the 443.9 nonpublic school. 443.10 (c) Fingerprinting of children must be done by law 443.11 enforcement personnel on fingerprint cards provided to the 443.12schooldistrict or nonpublic school by the commissioner of 443.13 public safety or on fingerprint cards acquired elsewhere. 443.14 (d) The school must give the fingerprint card to the 443.15 child's parents, guardian, legal custodian, or other person 443.16 responsible for the child. No copy of the fingerprint card may 443.17 be retained by the law enforcement agency, school, orschool443.18 district. 443.19 (e) The child's name, sex, hair and eye color, height, 443.20 weight, and date and place of birth must be written on the 443.21 fingerprint card. 443.22SchoolDistricts and nonpublic schools that develop 443.23 fingerprinting programs under this section shall offer them on a 443.24 periodic basis, and shall notify parents, guardians, legal 443.25 custodians, and residents of the district or communities served 443.26 by the school of the program and its purpose. Notification may 443.27 be made by means of memoranda, letters, newspaper articles, or 443.28 other reasonable means. 443.29 Sec. 54. Minnesota Statutes 1996, section 123.75, 443.30 subdivision 5, is amended to read: 443.31 Subd. 5. [OTHER FINGERPRINTING PROGRAMS UNAFFECTED.] This 443.32 section does not apply to fingerprinting programs for children 443.33 that are provided by private organizations other than nonpublic 443.34 schools, or governmental entities other thanschooldistricts. 443.35 Sec. 55. Minnesota Statutes 1996, section 123.751, is 443.36 amended to read: 444.1 123.751 [FLAG SCHOOL RECORDS OF MISSING CHILDREN.] 444.2 Subdivision 1. [FLAG RECORD UPON CERTAIN NOTIFICATION.] 444.3 Aschooldistrictshallmust flag the record of a pupil who is 444.4 currently or was previously enrolled in the district if a law 444.5 enforcement agency notifies the district of the pupil's 444.6 disappearance. The flag must be made so that, if a copy of or 444.7 information regarding the pupil's record is requested, the 444.8 district is aware that the record is that of a missing pupil. 444.9 Subd. 2. [DISTRICT NOTIFICATION WHEN RECORDS ARE 444.10 REQUESTED.] When the district provides a copy of the pupil's 444.11 record or other information concerning the pupil whose record is 444.12 flagged, the districtshallmust notify the law enforcement 444.13 agency that notified the district of the pupil's disappearance 444.14 of every inquiry concerning the record. The districtshallmust 444.15 also provide a copy to the law enforcement agency of a written 444.16 request for information concerning the record. 444.17 Subd. 3. [RECORDS UPON SCHOOL DISTRICT TRANSFER.] When a 444.18 pupil transfers from one district to another, the receiving 444.19 district shall attempt to obtain, within 30 days of the pupil's 444.20 enrollment, the pupil's record from the district from which the 444.21 pupil has transferred. If the pupil's parent, custodian, or 444.22 guardian provides a copy of the pupil's record from the district 444.23 from which the pupil has transferred, the receiving district 444.24shallmust request, within 30 days of the pupil's enrollment, 444.25 written verification of the pupil's record by contacting the 444.26 district named on the transferring pupil's record. Information 444.27 received by aschooldistrict indicating that the transferring 444.28 pupil is a missing child must be reported by the district to the 444.29 department of public safety. 444.30 Subd. 4. [DATA DISCLOSURE.] Data in this section may be 444.31 disclosed according to section 13.32, subdivision 3, clause (d). 444.32 Sec. 56. [123.96] [REVENUE; REPORTING.] 444.33 Subdivision 1. [SCOPE.] District revenues must be 444.34 recognized and reported on the district books of account in 444.35 accordance with this section. 444.36 Subd. 2. [APPLICABILITY TO PERIOD AND FUND.] Except as 445.1 provided in this section, revenues must be recorded in a manner 445.2 which clearly indicates that they are applicable to a specific 445.3 accounting period and fund. 445.4 Subd. 3. [RECEIVABLE.] Receivables must be recorded in a 445.5 manner which clearly reflects the amounts of money due to a 445.6 particular fund from public and private sources at the date of 445.7 each accounting statement. 445.8 Subd. 4. [RECOGNIZED AS RECEIVABLE.] All current levies of 445.9 local taxes, including portions assumed by the state, shall be 445.10 recognized as receivable at the beginning of the calendar year 445.11 during which collection normally takes place. 445.12 Subd. 5. [LEVY RECOGNITION.] (a) "School district tax 445.13 settlement revenue" means the current, delinquent, and 445.14 manufactured home property tax receipts collected by the county 445.15 and distributed to the school district, including distributions 445.16 made pursuant to section 279.37, subdivision 7, and excluding 445.17 the amount levied pursuant to section 124.914, subdivision 1. 445.18 (b) In June of each year, the school district must 445.19 recognize as revenue, in the fund for which the levy was made, 445.20 the lesser of: 445.21 (1) the May, June, and July school district tax settlement 445.22 revenue received in that calendar year; or 445.23 (2) the sum of the state aids and credits enumerated in 445.24 section 124.155, subdivision 2, which are for the fiscal year 445.25 payable in that fiscal year plus an amount equal to the levy 445.26 recognized as revenue in June of the prior year plus 31 percent 445.27 for fiscal year 1996 and thereafter of the amount of the levy 445.28 certified in the prior calendar year according to section 445.29 124A.03, subdivision 2, plus or minus auditor's adjustments, not 445.30 including levy portions that are assumed by the state; or 445.31 (3) 18.1 percent for fiscal year 1996, the percent 445.32 determined under Laws 1996, chapter 461, section 3, for fiscal 445.33 year 1997 and that same percent thereafter of the amount of the 445.34 levy certified in the prior calendar year, plus or minus 445.35 auditor's adjustments, not including levy portions that are 445.36 assumed by the state, which remains after subtracting, by fund, 446.1 the amounts levied for the following purposes: 446.2 (i) reducing or eliminating projected deficits in the 446.3 reserved fund balance accounts for unemployment insurance and 446.4 bus purchases; 446.5 (ii) statutory operating debt pursuant to section 124.914, 446.6 subdivision 1; 446.7 (iii) retirement and severance pay pursuant to sections 446.8 122.531, subdivision 9, 124.2725, subdivision 15, 124.4945, 446.9 124.912, subdivision 1, and 124.916, subdivision 3, and Laws 446.10 1975, chapter 261, section 4; 446.11 (iv) amounts levied for bonds issued and interest thereon, 446.12 amounts levied for debt service loans and capital loans, amounts 446.13 levied for down payments under section 124.82, subdivision 3; 446.14 and 446.15 (v) amounts levied under section 124.755. 446.16 Notwithstanding the foregoing, the levy recognition 446.17 percentage for the referendum levy certified according to 446.18 section 124A.03, subdivision 2, is 31 percent. 446.19 (c) In July of each year, the district shall recognize as 446.20 revenue that portion of the school district tax settlement 446.21 revenue received in that calendar year and not recognized as 446.22 revenue for the previous fiscal year pursuant to clause (b). 446.23 (d) All other school district tax settlement revenue must 446.24 be recognized as revenue in the fiscal year of the settlement. 446.25 Portions of the school district levy assumed by the state, 446.26 including prior year adjustments and the amount to fund the 446.27 school portion of the reimbursement made pursuant to section 446.28 273.425, shall be recognized as revenue in the fiscal year 446.29 beginning in the calendar year for which the levy is payable. 446.30 Subd. 6. [CHANGE IN LEVY RECOGNITION PERCENT.] (a) Money 446.31 appropriated under section 16A.152, subdivision 2, must be used 446.32 to reduce the levy recognition percent specified in subdivision 446.33 5, clauses (b)(2) and (b)(3), for taxes payable in the same 446.34 calendar year the appropriation is made. 446.35 (b) The levy recognition percent shall equal the result of 446.36 the following computation: the current levy recognition 447.1 percent, times the ratio of 447.2 (1) the statewide total amount of levy recognized in June 447.3 of the year in which the taxes are payable pursuant to 447.4 subdivision 5, clause (b), excluding those levies that are 447.5 shifted for revenue recognition but are not included in the 447.6 computation of the adjustment to aids under section 124.155, 447.7 subdivision 1, reduced by the difference between the amount of 447.8 money appropriated under section 16A.152, subdivision 2, and the 447.9 amount required for the adjustment payment under clause (d), to 447.10 (2) the statewide total amount of the levy recognized in 447.11 June of the year in which the taxes are payable pursuant to 447.12 subdivision 5, clause (b), excluding those levies that are 447.13 shifted for revenue recognition but are not included in the 447.14 computation of the adjustment to aids under section 124.155, 447.15 subdivision 1. 447.16 The result must be rounded up to the nearest one-tenth of a 447.17 percent. However, in no case shall the levy recognition percent 447.18 be reduced below zero or increased above the current levy 447.19 recognition percent. 447.20 (c) The commissioner of finance shall certify to the 447.21 commissioner of children, families, and learning the amount 447.22 available to reduce the levy recognition percent computed under 447.23 this subdivision by January 5 of each year. The commissioner of 447.24 children, families, and learning shall notify districts of a 447.25 change in the levy recognition percent by January 15 of the same 447.26 month. 447.27 (d) When the levy recognition percent is increased or 447.28 decreased as provided in this subdivision, a special aid 447.29 adjustment shall be made to each district with an operating 447.30 referendum levy: 447.31 (i) When the levy recognition percent is increased from the 447.32 prior fiscal year, the commissioner of children, families, and 447.33 learning shall calculate the difference between (1) the amount 447.34 of the levy under section 124A.03, that is recognized as revenue 447.35 for the current fiscal year according to subdivision 5; and (2) 447.36 the amount of the levy, under section 124A.03, that would have 448.1 been recognized as revenue for the current fiscal year had the 448.2 percentage according to subdivision 5, not been increased. The 448.3 commissioner shall reduce other aids due the district by the 448.4 amount of the difference. This aid reduction shall be in 448.5 addition to the aid reduction required because of the increase 448.6 pursuant to this subdivision of the levy recognition percent. 448.7 (ii) When the levy recognition percent is reduced from the 448.8 prior fiscal year, a special adjustment payment must be made to 448.9 each district with an operating referendum levy that received an 448.10 aid reduction when the levy recognition percent was last 448.11 increased. The special adjustment payment must be in addition 448.12 to the additional payments required because of the reduction 448.13 pursuant to this subdivision of the levy recognition percent. 448.14 The amount of the special adjustment payment shall be computed 448.15 by the commissioner of children, families, and learning such 448.16 that any remaining portion of the aid reduction these districts 448.17 received that has not been repaid is repaid on a proportionate 448.18 basis as the levy recognition percent is reduced from 50 percent 448.19 to 31 percent. The special adjustment payment must be included 448.20 in the state aid payments to districts according to the schedule 448.21 specified in section 124.195, subdivision 3. 448.22 (e) The commissioner of finance shall transfer from the 448.23 general fund to the education aids appropriations specified by 448.24 the commissioner of children, families, and learning, the 448.25 amounts needed to finance the additional payments required 448.26 because of the reduction pursuant to this subdivision of the 448.27 levy recognition percent. Payments to a district of additional 448.28 state aids resulting from a reduction in the levy recognition 448.29 percent must be included in the cash metering of payments made 448.30 according to section 124.195 after January 15, and must be paid 448.31 in a manner consistent with the percent specified in that 448.32 section. 448.33 Subd. 7. [AID PAYMENT PERCENTAGE INCREASE.] (a) Subject to 448.34 the provisions of section 16A.152, subdivision 2, if the most 448.35 recent forecast of general fund revenues and expenditures 448.36 prepared by the commissioner of finance indicates a projected 449.1 unobligated general fund balance at the close of the biennium, 449.2 the fund balance must be used to increase the aid payment 449.3 percentage specified in section 124.195, subdivisions 7 and 10. 449.4 The increased aid payment percentage shall be rounded to the 449.5 nearest whole percent above 85 percent but shall not exceed 90 449.6 percent. 449.7 (b) The commissioner of finance shall certify to the 449.8 commissioner of children, families, and learning the amount 449.9 available for computing the aid payment percentage. The 449.10 commissioner of children, families, and learning shall determine 449.11 the method for increasing the aid payment percentage. The 449.12 commissioner of finance shall transfer from the general fund to 449.13 the education aids, grants, and credits appropriations specified 449.14 by the commissioner of children, families, and learning the 449.15 amounts needed to make the additional payments required by this 449.16 subdivision. The additional payments must be included in the 449.17 cash metering of payments made according to section 124.195. 449.18 The commissioner of children, families, and learning shall 449.19 notify districts of an increase in the percentage payment of 449.20 current year school aids under this subdivision within 30 days. 449.21 Subd. 8. [AIDS OR GRANTS AS RECEIVABLES.] State aids or 449.22 grants, that are paid as a matching of an expenditure, shall be 449.23 recognized as revenues and recorded as receivables in the fiscal 449.24 year during which the eligible expenditure is recognized. 449.25 Subd. 9. [OTHER REVENUES.] Other revenues not specified in 449.26 this section shall be recognized as revenue and shall be 449.27 recorded in the fiscal year earned. 449.28 Subd. 10. [DEVIATIONS FOOTNOTED.] Deviations from the 449.29 principles set forth in this section must be evaluated and 449.30 explained in footnotes to audited financial statements. 449.31 Subd. 11. [APPLICABLE FISCAL YEAR.] The commissioner shall 449.32 specify the fiscal year or years to which the revenue from any 449.33 aid or tax levy is applicable if Minnesota Statutes do not so 449.34 specify. 449.35 Sec. 57. [123.961] [EXPENDITURES; REPORTING.] 449.36 Subdivision 1. [RECOGNITION.] District expenditures must 450.1 be recognized and reported on the district books of account in 450.2 accordance with this section. 450.3 Fiscal year-end recognition of expenditures and the related 450.4 offsetting liabilities must be recorded in each fund in 450.5 accordance with the uniform financial accounting and reporting 450.6 standards for Minnesota school districts. Encumbrances 450.7 outstanding at the end of the fiscal year do not constitute 450.8 expenditures or liabilities. 450.9 Deviations from the principles set forth in this 450.10 subdivision must be evaluated and explained in footnotes to 450.11 audited financial statements. 450.12 Subd. 2. [ACCOUNTING.] Expenditures for any legal purpose 450.13 of the district not accounted for elsewhere must be accounted 450.14 for in the general fund. 450.15 Sec. 58. [123.962] [ACCOUNTING, BUDGETING AND REPORTING 450.16 REQUIREMENT.] 450.17 Subdivision 1. [UNIFORM FINANCIAL ACCOUNTING AND REPORTING 450.18 STANDARDS.] Each Minnesota school district must adopt the 450.19 uniform financial accounting and reporting standards for 450.20 Minnesota school districts provided for in guidelines adopted by 450.21 the department. 450.22 Subd. 2. [AUDITED FINANCIAL STATEMENT.] Each district must 450.23 submit to the commissioner by August 15 of each year an 450.24 unaudited financial statement for the preceding fiscal year. 450.25 This statement must be submitted on forms prescribed by the 450.26 commissioner. 450.27 Subd. 3. [STATEMENT FOR COMPARISON AND CORRECTION.] By 450.28 December 31 of the calendar year of the submission of the 450.29 unaudited financial statement, the district must provide to the 450.30 commissioner and state auditor an audited financial statement 450.31 prepared in a form which will allow comparison with and 450.32 correction of material differences in the unaudited statement. 450.33 The audited financial statement must also provide a statement of 450.34 assurance pertaining to uniform financial accounting and 450.35 reporting standards compliance. 450.36 Subd. 4. [BUDGET APPROVAL.] Prior to July 1 of each year, 451.1 the board of each district must approve and adopt its revenue 451.2 and expenditure budgets for the next school year. The budget 451.3 document so adopted must be considered an 451.4 expenditure-authorizing or appropriations document. No funds 451.5 shall be expended by any board or district for any purpose in 451.6 any school year prior to the adoption of the budget document 451.7 which authorizes that expenditure, or prior to an amendment to 451.8 the budget document by the board to authorize the expenditure. 451.9 Expenditures of funds in violation of this subdivision are 451.10 considered unlawful expenditures. 451.11 Subd. 5. [JOINT POWERS AGREEMENTS; SC'S, EDUCATION 451.12 DISTRICTS.] All governmental units formed by joint powers 451.13 agreements entered into by districts pursuant to section 120.17, 451.14 120.1701, 123.351, 471.59, or any other law and all service 451.15 cooperatives and education districts are subject to the 451.16 provisions of this section. 451.17 Subd. 6. [BENEFITS.] A district providing early retirement 451.18 incentive payments under section 125.611, severance pay under 451.19 section 465.72, or health insurance benefits to retired 451.20 employees under section 471.61, must account for the payments 451.21 according to uniform financial accounting and reporting 451.22 standards. 451.23 Sec. 59. [123.963] [CASH FLOW; SCHOOL DISTRICT REVENUES; 451.24 BORROWING FOR CURRENT OPERATING COSTS; CAPITAL EXPENDITURE 451.25 DEFICITS.] 451.26 Subdivision 1. [STATE AIDS PAYMENT.] The commissioner of 451.27 finance shall remit all payments of state aids to districts in 451.28 conformance with the dates provided by law or, when not so 451.29 provided, with a schedule of aid payments to be established by 451.30 the commissioner of children, families, and learning in 451.31 consultation with other affected state agencies. 451.32 Subd. 2. [TAXES.] The auditors or finance officers of 451.33 Minnesota counties shall remit all payments of taxes to the 451.34 districts in conformance with the provisions of section 276.11. 451.35 Districts which have need for tax remittance advances may secure 451.36 them from the counties by making formal requests in conformance 452.1 with section 276.11. 452.2 Subd. 3. [TAX AND AID ANTICIPATION CERTIFICATES.] 452.3 Minnesota school districts may issue tax and aid anticipation 452.4 certificates in conformance with the provisions of sections 452.5 124.71 to 124.76, with the additional provision that the 452.6 proceeds of such borrowing or any other method of borrowing 452.7 shall be recorded as liabilities of funds for which the taxes 452.8 were levied, or for which the aids are receivable. Nothing in 452.9 this subdivision provides authority for borrowing against the 452.10 tax levies and aids of one district fund for the purpose of 452.11 increasing the available cash balance of another fund. 452.12 Subd. 4. [BORROWING FOR OUTSTANDING BONDS.] Unless 452.13 otherwise provided by law, a district must not, for the purpose 452.14 of increasing the available cash balance of another fund, borrow 452.15 or transfer funds from the building construction fund, debt 452.16 redemption fund, trust and agency fund, or from any sinking fund 452.17 for outstanding bonds issued for any purpose. However, if the 452.18 contemplated use for which funds were originally placed in the 452.19 building construction fund or a sinking fund is afterwards 452.20 abandoned or if a balance remains after the use is accomplished, 452.21 a district may devote these funds as provided in section 452.22 475.65. For the purpose of insuring fund integrity, on 452.23 determining that a district is in violation of this subdivision 452.24 or section 121.904, the commissioner shall require that such 452.25 district maintain separate bank accounts for building 452.26 construction funds, debt redemption funds, trust and agency 452.27 funds, and sinking funds for outstanding bonds. Nothing in this 452.28 subdivision shall be construed to prohibit the use of common 452.29 bank accounts for other funds unless prohibited by law. 452.30 Subd. 5. [DEFICIT FOR CAPITAL PROJECTS.] Upon approval by 452.31 the commissioner, a district may incur a deficit in the reserve 452.32 for operating capital account for a period not to exceed three 452.33 years to provide money for capital projects. The commissioner 452.34 shall approve a description of the project and a financial plan 452.35 to recover the deficit prior to the initiation of the project. 452.36 Sec. 60. [123.964] [PERMANENT FUND TRANSFERS.] 453.1 Subdivision 1. [LIMITATIONS.] Except as provided in this 453.2 subdivision, sections 121.9121, 123.36, 124.243, 475.61, and 453.3 475.65, a district may not permanently transfer money from (1) 453.4 an operating fund to a nonoperating fund; (2) a nonoperating 453.5 fund to another nonoperating fund; or (3) a nonoperating fund to 453.6 an operating fund. Permanent transfers may be made from any 453.7 fund to any other fund to correct for prior fiscal years' errors 453.8 discovered after the books have been closed for that year. 453.9 Permanent transfers may be made from the general fund to any 453.10 other operating funds according to section 123.7045 or if the 453.11 resources of the other fund are not adequate to finance approved 453.12 expenditures from that other fund. Permanent transfers may also 453.13 be made from the general fund to eliminate deficits in another 453.14 fund when that other fund is being discontinued. When a 453.15 district discontinues operation of a district-owned bus fleet or 453.16 a substantial portion of a fleet, the balance shall cancel to 453.17 the district's general fund. 453.18 Subd. 2. [TECHNICAL COLLEGES.] Money must not be 453.19 transferred from the post-secondary general fund to any other 453.20 operating or nonoperating fund. 453.21 Subd. 3. [TRA AND FICA TRANSFER.] (a) Notwithstanding 453.22 subdivision 1, a district may transfer money from the general 453.23 fund to the community service fund for the employer 453.24 contributions for teacher retirement and FICA for employees who 453.25 are members of a teacher retirement association and who are paid 453.26 from the community service fund. 453.27 (b) A district must not transfer money under paragraph (a) 453.28 for employees who are paid with money other than normal 453.29 operating funds, as defined in section 354.05, subdivision 27. 453.30 Subd. 4. [DEFINITION.] As used in this section, "operating 453.31 fund" and "nonoperating fund" have the meanings specified in the 453.32 uniform financial accounting and reporting standards for 453.33 Minnesota school districts. Any transfer for a period in excess 453.34 of one year is deemed to be a permanent transfer. 453.35 Subd. 5. [DEFICITS; EXCEPTION.] For the purposes of this 453.36 section, a permanent transfer includes creating a deficit in a 454.1 nonoperating fund for a period past the end of the current 454.2 fiscal year which is covered by moneys in an operating fund. 454.3 However, a deficit in the capital expenditure fund pursuant to 454.4 section 121.911, subdivision 5, does not constitute a permanent 454.5 transfer. 454.6 Subd. 6. [ACCOUNT TRANSFER FOR STATUTORY OPERATING DEBT.] 454.7 On June 30 of each year, a district may make a permanent 454.8 transfer from the general fund account entitled "undesignated 454.9 fund balance since statutory operating debt" to the account 454.10 entitled "reserved fund balance reserve account for purposes of 454.11 statutory operating debt reduction." The amount of the transfer 454.12 is limited to the lesser of (a) the net undesignated operating 454.13 fund balance, or (b) the sum of the remaining statutory 454.14 operating debt levies authorized for all future years according 454.15 to section 124.914, subdivision 1. If the net undesignated 454.16 operating fund balance is less than zero, the district may not 454.17 make a transfer. 454.18 Subd. 7. [ACCOUNT TRANSFER FOR CERTAIN SEVERANCE PAY.] A 454.19 district may maintain in a designated for certain severance pay 454.20 account not more than 50 percent of the amount necessary to meet 454.21 the obligations for the portion of severance pay that 454.22 constitutes compensation for accumulated sick leave to be used 454.23 for payment of premiums for group insurance provided for former 454.24 employees by the district. The amount necessary must be 454.25 calculated according to standards established by the advisory 454.26 council on uniform financial accounting and reporting standards. 454.27 Subd. 8. [ACCOUNT TRANSFER FOR REORGANIZING DISTRICTS.] A 454.28 district that has reorganized according to section 122.22, 454.29 122.23, or sections 122.241 to 122.248, or has conducted a 454.30 successful referendum on the question of combination under 454.31 section 122.243, subdivision 2, or consolidation under section 454.32 122.23, subdivision 13, or has been assigned an identification 454.33 number by the commissioner under section 122.23, subdivision 14, 454.34 may make permanent transfers between any of the funds in the 454.35 newly created or enlarged district with the exception of the 454.36 debt redemption fund, food service fund, and health and safety 455.1 account of the capital expenditure fund. Fund transfers under 455.2 this section may be made for up to one year prior to the 455.3 effective date of combination or consolidation and during the 455.4 year following the effective date of reorganization. 455.5 Subd. 9. [UNEMPLOYMENT RESERVE BALANCE.] The reserved fund 455.6 balance for unemployment insurance as of June 30 of each year 455.7 may not exceed $10 times the number of pupil units for that 455.8 year. The department must reduce the levy certified by the 455.9 district, according to section 124.912, subdivision 1, the 455.10 following year for obligations under section 268.06, subdivision 455.11 25, by the amount of the excess. 455.12 Sec. 61. [123.9641] [EXCEPTIONS FOR PERMANENT FUND 455.13 TRANSFERS.] 455.14 Subdivision 1. [COMMISSIONER'S AUTHORIZATION.] The 455.15 commissioner may authorize a board to transfer money from any 455.16 fund or account other than the debt redemption fund to another 455.17 fund or account according to this section. 455.18 Subd. 2. [APPLICATION.] A board requesting authority to 455.19 transfer money must apply to the commissioner and provide 455.20 information requested. The application must indicate the law or 455.21 rule prohibiting the desired transfer. The application must be 455.22 signed by the superintendent and approved by the school board. 455.23 Subd. 3. [APPROVAL STANDARD.] The commissioner may approve 455.24 a request only when an event has occurred in a district that 455.25 could not have been foreseen by the district. The event must 455.26 relate directly to the fund or account involved and to the 455.27 amount to be transferred. 455.28 Sec. 62. [123.965] [STATUTORY OPERATING DEBT.] 455.29 Subdivision 1. [OPERATING DEBT.] The "operating debt" of a 455.30 school district means the net negative undesignated fund balance 455.31 in all school district funds, other than capital expenditure, 455.32 building construction, debt service, and trust and agency, 455.33 calculated as of June 30 of each year in accordance with the 455.34 uniform financial accounting and reporting standards for 455.35 Minnesota school districts. 455.36 Subd. 2. [STATUTORY OPERATING DEBT.] If the amount of the 456.1 operating debt is more than 2-1/2 percent of the most recent 456.2 fiscal year's expenditure amount for the funds considered under 456.3 subdivision 1, the net negative undesignated fund balance is 456.4 defined as "statutory operating debt" for the purposes of this 456.5 section and sections 121.917 and 124.914, subdivision 1. 456.6 Subd. 3. [DEBT VERIFICATION.] The commissioner shall 456.7 establish a uniform auditing or other verification procedure for 456.8 districts to determine whether a statutory operating debt exists 456.9 in any Minnesota school district as of June 30, 1977. This 456.10 procedure must identify all interfund transfers made during 456.11 fiscal year 1977 from a fund included in computing statutory 456.12 operating debt to a fund not included in computing statutory 456.13 operating debt. The standards for this uniform auditing or 456.14 verification procedure must be promulgated by the state board 456.15 pursuant to chapter 14. If a district applies to the 456.16 commissioner for a statutory operating debt verification or if 456.17 the unaudited financial statement for the school year ending 456.18 June 30, 1977 reveals that a statutory operating debt might 456.19 exist, the commissioner shall require a verification of the 456.20 amount of the statutory operating debt which actually does exist. 456.21 Subd. 4. [DEBT ELIMINATION.] If an audit or other 456.22 verification procedure conducted pursuant to subdivision 3 456.23 determines that a statutory operating debt exists, a district 456.24 must follow the procedures set forth in section 124.914, 456.25 subdivision 1, to eliminate this statutory operating debt. 456.26 Subd. 5. [CERTIFICATION OF DEBT.] The commissioner shall 456.27 certify the amount of statutory operating debt for each 456.28 district. Prior to June 30, 1979, the commissioner may, on the 456.29 basis of corrected figures, adjust the total amount of statutory 456.30 operating debt certified for any district. 456.31 Subd. 6. [REPORT.] On January 15, 1998, the commissioner 456.32 shall report to the legislature on the districts for which the 456.33 levy allowable under section 124.914, subdivision 1, has been 456.34 insufficient to eliminate the statutory operating debt of the 456.35 district, determined as of June 30, 1977. 456.36 Subd. 7. [APPLICABILITY.] This section and the provisions 457.1 of section 124.914, subdivision 1, are applicable only to 457.2 common, independent, and special school districts and districts 457.3 formed pursuant to Laws 1967, chapter 822, as amended, and Laws 457.4 1969, chapters 775 and 1060, as amended. This section and the 457.5 provisions of section 124.914, subdivision 1, do not apply to 457.6 independent school district No. 625. 457.7 Subd. 8. [PLAN DISCLOSURE.] Any district eligible to 457.8 receive any amounts pursuant to section 124.914, subdivision 1, 457.9 must disclose its statutory operating debt retirement plan by 457.10 footnote to the audited financial statement. 457.11 Sec. 63. [123.966] [REORGANIZATION OPERATING DEBT.] 457.12 The "reorganization operating debt" of a school district 457.13 means the net negative undesignated fund balance in all school 457.14 district funds, other than capital expenditure, building 457.15 construction, debt redemption, and trust and agency, calculated 457.16 in accordance with the uniform financial accounting and 457.17 reporting standards for Minnesota school districts as of: 457.18 (1) June 30 of the fiscal year before the first year that a 457.19 district receives revenue according to section 124.2725; or 457.20 (2) June 30 of the fiscal year before the effective date of 457.21 reorganization according to section 122.22 or 122.23. 457.22 Sec. 64. [123.967] [EXPENDITURE LIMITATIONS.] 457.23 Subdivision 1. [REDUCE STATUTORY OPERATING DEBT.] (a) 457.24 Beginning in fiscal year 1978 and in each year thereafter, a 457.25 district which had statutory operating debt on June 30, 1977 457.26 pursuant to section 121.914 must limit its expenditures in each 457.27 fiscal year so that the amount of its statutory operating debt 457.28 calculated at the end of that fiscal year is not greater than 457.29 the amount of the district's statutory operating debt as of June 457.30 30, 1977, as certified and adjusted by the commissioner, 457.31 increased by an amount equal to 2-1/2 percent of that district's 457.32 operating expenditures for the fiscal year for which the 457.33 statutory operating debt calculation is being made. 457.34 (b) When a district is no longer required to levy pursuant 457.35 to section 124.914, subdivision 1, subdivision 2 is applicable. 457.36 Subd. 2. [UNDESIGNATED FUND BALANCES.] Beginning in fiscal 458.1 year 1978 and each year thereafter, any district not subject to 458.2 the provisions of subdivision 1 must limit its expenditures so 458.3 that its undesignated fund balances do not constitute statutory 458.4 operating debt as defined in section 121.914. 458.5 Subd. 3. [FAILURE TO LIMIT EXPENDITURES.] If a district 458.6 does not limit its expenditures in accordance with this section, 458.7 the commissioner may so notify the appropriate committees of the 458.8 legislature by no later than January 1 of the year following the 458.9 end of that fiscal year. 458.10 Subd. 4. [SPECIAL OPERATING PLAN.] (1) If the net negative 458.11 unappropriated operating fund balance as defined in section 458.12 124A.02, subdivision 25, calculated in accordance with the 458.13 uniform financial accounting and reporting standards for 458.14 Minnesota school districts, as of June 30 each year, is more 458.15 than 2-1/2 percent of the year's expenditure amount, the 458.16 district must, prior to January 31 of the next fiscal year, 458.17 submit a special operating plan to reduce the district's deficit 458.18 expenditures to the commissioner for approval. The commissioner 458.19 may also require the district to provide evidence that the 458.20 district meets and will continue to meet all of the curriculum 458.21 requirements of the state board. 458.22 Notwithstanding any other law to the contrary, a district 458.23 submitting a special operating plan to the commissioner under 458.24 this clause which is disapproved by the commissioner must not 458.25 receive any aid pursuant to chapters 124 and 124A until a 458.26 special operating plan of the district is so approved. 458.27 (2) A district must receive aids pending the approval of 458.28 its special operating plan under clause (1). A district which 458.29 complies with its approved operating plan must receive aids as 458.30 long as the district continues to comply with the approved 458.31 operating plan. 458.32 Sec. 65. [123.968] [LEARNING YEAR PROGRAMS.] 458.33 Subdivision 1. [PROGRAM ESTABLISHED.] A learning year 458.34 program provides instruction throughout the year. A pupil may 458.35 participate in the program and accelerate attainment of grade 458.36 level requirements or graduation requirements. A learning year 459.1 program may begin after the close of the regular school year in 459.2 June. The program may be for students in one or more grade 459.3 levels from kindergarten through grade 12. 459.4 Students may participate in the program if they reside in: 459.5 (1) a district that has been designated a learning year 459.6 site under subdivision 2; 459.7 (2) a district that is a member of the same education 459.8 district as a site; or 459.9 (3) a district that participates in the same area learning 459.10 center program as a site. 459.11 Subd. 2. [STATE BOARD DESIGNATION.] An area learning 459.12 center designated by the state must be a site. To be 459.13 designated, a district or center must demonstrate to the 459.14 commissioner that it will: 459.15 (1) provide a program of instruction that permits pupils to 459.16 receive instruction throughout the entire year; and 459.17 (2) maintain a record system that, for purposes of section 459.18 124.17, permits identification of membership attributable to 459.19 pupils participating in the program. The record system and 459.20 identification must ensure that the program will not have the 459.21 effect of increasing the total number of pupil units 459.22 attributable to an individual pupil as a result of a learning 459.23 year program. 459.24 Subd. 3. [STUDENT PLANNING.] A district must inform all 459.25 pupils and their parents about the learning year program. A 459.26 continual learning plan must be developed for each pupil with 459.27 the participation of the pupil, parent or guardian, teachers, 459.28 and other staff. The plan must specify the learning experiences 459.29 that must occur each year and, for secondary students, for 459.30 graduation. The plan may be modified to conform to district 459.31 schedule changes. The district may not modify the plan if the 459.32 modification would result in delaying the student's time of 459.33 graduation. 459.34 Subd. 4. [TRANSPORTATION.] Summer transportation 459.35 expenditures for this program must be included in nonregular 459.36 transportation according to sections 124.225, subdivision 8; and 460.1 124.226, subdivision 4. 460.2 Subd. 5. [CONTRACTS.] A district may contract with a 460.3 licensed employee to provide services in a learning year program 460.4 that are in addition to the services provided according to the 460.5 master contract of employment for teachers or an equivalent 460.6 contract for licensed employees who are not teachers. These 460.7 additional services and compensation, if any, for the services 460.8 must not become a part of the employee's continuing contract 460.9 rights under section 125.12 or 125.17. 460.10 Subd. 6. [REVENUE COMPUTATION AND REPORTING.] Aid and levy 460.11 revenue computations must be based on the total number of hours 460.12 of education programs for pupils in average daily membership for 460.13 each fiscal year. For purposes of section 124.17, average daily 460.14 membership shall be computed by dividing the total number of 460.15 hours of participation for the fiscal year by the minimum number 460.16 of hours for a year determined for the appropriate grade level. 460.17 Hours of participation that occur after the close of the regular 460.18 instructional year and before July 1 must be attributed to the 460.19 following fiscal year. Thirty hours may be used for teacher 460.20 workshops, staff development, or parent-teacher conferences. As 460.21 part of each pilot program, the department and each district 460.22 must report and evaluate the changes needed to adjust the dates 460.23 of the fiscal year for aid and levy computation and fiscal year 460.24 reporting. For revenue computation purposes, the learning year 460.25 program shall generate revenue based on the formulas for the 460.26 fiscal year in which the services are provided. 460.27 State aid and levy revenue computation for the learning 460.28 year programs begins July 1, 1988, for fiscal year 1989. 460.29 Subd. 7. [EXEMPTION.] To operate the pilot program, the 460.30 state board of education may exempt the district from specific 460.31 rules relating to student and financial accounting, reporting, 460.32 and revenue computation. 460.33 Sec. 66. [123.98] [PURPOSE OF FLEXIBLE LEARNING YEAR 460.34 PROGRAMS.] 460.35 Sections 120.59 to 120.67 authorize districts to evaluate, 460.36 plan and employ the use of flexible learning year programs. It 461.1 is anticipated that the open selection of the type of flexible 461.2 learning year operation from a variety of alternatives will 461.3 allow each district seeking to utilize this concept to suitably 461.4 fulfill the educational needs of its pupils. These alternatives 461.5 must include, but not be limited to, various 45-15 plans, 461.6 four-quarter plans, quinmester plans, extended learning year 461.7 plans, flexible all-year plans, and four-day week plans. 461.8 Sec. 67. [123.981] [DEFINITION OF FLEXIBLE LEARNING YEAR.] 461.9 "Flexible learning year program" means any district plan 461.10 approved by the state board that utilizes buildings and 461.11 facilities during the entire year or that provides forms of 461.12 optional scheduling of pupils and personnel during the learning 461.13 year in elementary and secondary schools or residential 461.14 facilities for children with a disability. 461.15 Sec. 68. [123.983] [ESTABLISHMENT OF FLEXIBLE LEARNING 461.16 YEAR PROGRAM.] 461.17 The board of any district, with the approval of the state 461.18 board, may establish and operate a flexible learning year 461.19 program in one or more of the day or residential facilities for 461.20 children with a disability within the district. 461.21 Sec. 69. [123.984] [DIVISION OF CHILDREN INTO GROUPS.] 461.22 The board of any district operating a flexible learning 461.23 year program in one or more of the facilities within the 461.24 district must divide the students of each selected facility into 461.25 as many groups as necessary to accommodate this program. 461.26 Students of the same family must be placed in the same group 461.27 unless one or more of these students is enrolled in a special 461.28 education class or unless the parent or guardian of these 461.29 students requests that the students be placed in different 461.30 groups. No board may discriminate on the basis of race, color, 461.31 creed, religion, marital status, status with regard to public 461.32 assistance, sex, or national origin when assigning pupils to 461.33 attendance groups pursuant to this section. 461.34 Sec. 70. [123.985] [PUBLIC HEARING BEFORE IMPLEMENTATION.] 461.35 Before implementing a flexible learning year program in any 461.36 facility of the district, the board must negotiate with the 462.1 teachers, principals, assistant principals, supervisory 462.2 personnel and employees to the extent required by the public 462.3 employment labor relations act, and must consult with the 462.4 parents of pupils who would be affected by the change, and with 462.5 the community at large. These procedures must include at least 462.6 three informational meetings for which the board has given 462.7 published notice to the teachers and employees and to the 462.8 parents of pupils affected. 462.9 Sec. 71. [123.986] [ASSIGNMENT OF TEACHERS.] 462.10 Subdivision 1. [IMPLEMENTING PROGRAM.] In districts where 462.11 a flexible learning year program is implemented in fewer than 462.12 all of the facilities maintained by the district, the board of 462.13 the district must make every reasonable effort to assign 462.14 qualified teachers who prefer a traditional schedule to 462.15 facilities of the same level retaining a traditional schedule. 462.16 Subd. 2. [TEACHER SCHEDULE.] A full-time teacher currently 462.17 employed by a district that converts to a flexible learning year 462.18 program may not, without the teacher's written consent, be 462.19 required to teach under this program (1) more or less than the 462.20 number of scheduled days or their equivalent the facilities of 462.21 the district were maintained during the year preceding 462.22 implementation of the flexible learning year program; (2) in a 462.23 period of the calendar year substantially different from the 462.24 period in which the teacher taught during the year preceding 462.25 implementation of the flexible learning year program. 462.26 Subd. 3. [CONTRACT RIGHTS; PROGRAM ADOPTION.] In no event 462.27 may a teacher's continuing contract rights to a position held 462.28 the year preceding implementation of a flexible learning year 462.29 program or teaching experience earned during a probationary 462.30 period the year preceding implementation be lost or impaired 462.31 upon adoption of a flexible learning year program. If the year 462.32 of teaching preceding implementation was the end of a 462.33 probationary period, the continuing contract right to a full 462.34 year's contract that normally would be acquired for the next 462.35 succeeding learning year must be acquired in the year of 462.36 adoption of the flexible program. 463.1 Subd. 4. [CONTRACT FOR LEARNING YEAR.] Any district 463.2 operating a flexible learning year program must enter into one 463.3 contract governing the entire learning year with each teacher 463.4 employed in a flexible program. If individual teachers contract 463.5 to teach less than a period of 175 days during a learning year, 463.6 each 175 days of employment accrued during any five-year period 463.7 after the adoption of a flexible learning year program must be 463.8 deemed consecutive and constitutes a full year's employment for 463.9 purposes of establishing and retaining continuing contract 463.10 rights to a full learning year position pursuant to sections 463.11 125.12, subdivisions 3 and 4, and 125.17, subdivisions 2 and 3. 463.12 A teacher who has not been discharged or advised of a refusal to 463.13 renew the teacher's contract by the applicable date, as 463.14 specified in section 125.12 or 125.17, in the year in which the 463.15 teacher will complete the requisite number of days for securing 463.16 a continuing contract must have a continuing full learning year 463.17 contract with the district. 463.18 Subd. 5. [CONTRACT RIGHTS; TERMINATION OF PROGRAM.] 463.19 Continuing contract rights established pursuant to this section 463.20 must not be impaired or lost by the termination of a flexible 463.21 learning year program. 463.22 Sec. 72. [123.987] [ESTABLISHMENT AND APPROVAL.] 463.23 The state board must: 463.24 (1) establish standards and requirements for the 463.25 qualification of districts that may operate on a flexible 463.26 learning year basis; 463.27 (2) establish standards and evaluation criteria for 463.28 flexible learning year programs; 463.29 (3) prepare and distribute all necessary forms for 463.30 application by any district for state authorization for a 463.31 flexible learning year program; 463.32 (4) review the proposed flexible learning year program of 463.33 any qualified district as to conformity to standards and the 463.34 evaluation of appropriateness of priorities, workability of 463.35 procedure and overall value; and 463.36 (5) approve or disapprove proposed flexible learning year 464.1 programs. 464.2 Sec. 73. [123.988] [POWERS AND DUTIES OF THE STATE BOARD.] 464.3 Subdivision 1. [POWERS AND DUTIES.] The state board must: 464.4 (1) promulgate rules necessary to the operation of sections 464.5 120.59 to 120.67; 464.6 (2) cooperate with and provide supervision of flexible 464.7 learning year programs to determine compliance with the 464.8 provisions of sections 120.59 to 120.67, the state board 464.9 standards and qualifications, and the proposed program as 464.10 submitted and approved; 464.11 (3) provide any necessary adjustments of (a) attendance and 464.12 membership computations and (b) the dates and percentages of 464.13 apportionment of state aids; and 464.14 (4) consistent with the definition of "average daily 464.15 membership" in section 124.17, subdivision 2, furnish the board 464.16 of a district implementing a flexible learning year program with 464.17 a formula for computing average daily membership. This formula 464.18 must be computed so that tax levies to be made by the district, 464.19 state aids to be received by the district, and any and all other 464.20 formulas based upon average daily membership are not affected 464.21 solely as a result of adopting this plan of instruction. 464.22 Subd. 2. [LIMITATIONS.] State board may not require 464.23 flexible learning year program. Sections 120.59 to 120.67 may 464.24 not be construed to authorize the state board to require the 464.25 establishment of a flexible learning year program in any 464.26 district in which the board has not voted to establish, 464.27 maintain, and operate such a program. 464.28 Sec. 74. [123.989] [TERMINATION OF PROGRAM.] 464.29 The board of any district, with the approval of the state 464.30 board of education, may terminate a flexible learning year 464.31 program in one or more of the day or residential facilities for 464.32 children with a disability within the district. This section 464.33 shall not be construed to permit an exception to section 120.101 464.34 or 124.19. 464.35 Sec. 75. [REPEALER.] 464.36 Minnesota Statutes 1996, sections 123.35, subdivisions 5, 465.1 8, 8a, 8b, 9, 10, 13, 17, 19a, 19b, and 21; 123.351; 123.3513; 465.2 123.3514; 123.40; 123.41; 123.42; 123.582; 123.681; 123.70; 465.3 123.701; 123.702; 123.704; 123.7045; 123.71; 123.72; 123.76; 465.4 123.77; 123.78; 123.79; 123.799; 123.7991; 123.7992; 123.801; 465.5 123.805; 123.931; 123.932; 123.933; 123.935; 123.936; 123.9361; 465.6 123.9362; 123.937; 123.947; 123.951; 123.97; and 123.972, are 465.7 repealed. 465.8 ARTICLE 7 465.9 CHAPTER 124D 465.10 BASIC EDUCATION 465.11 Section 1. [124D.01] [DEFINITIONS.] 465.12 The terms defined in section 120.02 and chapter 124A have 465.13 the same meaning when they are used in this chapter, unless 465.14 otherwise clearly indicated. 465.15 Sec. 2. [124D.014] [DEFINITION OF PUPIL UNITS.] 465.16 Subdivision 1. [PUPIL UNIT.] Pupil units for each resident 465.17 pupil in average daily membership shall be counted according to 465.18 this subdivision. 465.19 (a) A prekindergarten pupil with a disability who is 465.20 enrolled in a program approved by the commissioner and has an 465.21 individual education plan is counted as the ratio of the number 465.22 of hours of assessment and education service to 825 with a 465.23 minimum of 0.28, but not more than one. 465.24 (b) A prekindergarten pupil who is assessed but determined 465.25 not to be handicapped is counted as the ratio of the number of 465.26 hours of assessment service to 825. 465.27 (c) A kindergarten pupil with a disability who is enrolled 465.28 in a program approved by the commissioner is counted as the 465.29 ratio of the number of hours of assessment and education 465.30 services required in the fiscal year by the pupil's individual 465.31 education program plan to 875, but not more than one. 465.32 (d) A kindergarten pupil who is not included in paragraph 465.33 (c) is counted as .53 of a pupil unit for fiscal year 1995 and 465.34 thereafter. 465.35 (e) A pupil who is in any of grades 1 to 6 is counted as 465.36 1.06 pupil units for fiscal year 1995 and thereafter. 466.1 (f) For fiscal year 1996 and fiscal year 1997, a pupil who 466.2 is in any of grades 7 to 12 is counted as 1.3 pupil units. For 466.3 fiscal year 1998, a pupil who is in any of grades 7 to 12 is 466.4 counted as 1.25 pupil units. For fiscal year 1999 and later 466.5 years, a pupil who is in any of grades 7 to 12 is counted as 1.2 466.6 pupil units. 466.7 (g) For fiscal year 1996 and fiscal year 1997, a pupil who 466.8 is in the post-secondary enrollment options program is counted 466.9 as 1.3 pupil units. For fiscal year 1998, a pupil who is in the 466.10 post-secondary enrollment options program is counted as 1.25 466.11 pupil units. For fiscal year 1999 and later years, a pupil who 466.12 is in the post-secondary enrollment options program is counted 466.13 as 1.2 pupil units. 466.14 (h) In fiscal year 1998, the pupil units used in computing 466.15 a district's general education revenue and referendum revenue 466.16 may not be reduced by more than two percent due to the reduction 466.17 in the secondary pupil weight from 1.3 as specified in 466.18 paragraphs (f) and (g). In fiscal year 1999 and later years, 466.19 the pupil units used in computing a district's general education 466.20 revenue and referendum revenue may not be decreased by more than 466.21 four percent due to the reduction in the secondary weight from 466.22 1.3 as specified in paragraphs (f) and (g). 466.23 Subd. 2. [FOREIGN EXCHANGE PUPILS.] Notwithstanding 466.24 section 123.35, subdivision 8c, or any other law to the 466.25 contrary, a foreign exchange pupil enrolled in a district under 466.26 a cultural exchange program may be counted as a resident pupil 466.27 for the purposes of this chapter and chapter 124A even if the 466.28 pupil has graduated from high school or the equivalent. 466.29 Subd. 3. [AFDC PUPIL UNITS.] AFDC pupil units for fiscal 466.30 year 1993 and thereafter must be computed according to this 466.31 subdivision. 466.32 (a) The AFDC concentration percentage for a district equals 466.33 the product of 100 times the ratio of: 466.34 (1) the number of pupils enrolled in the district from 466.35 families receiving aid to families with dependent children 466.36 according to subdivision 1e; to 467.1 (2) the number of pupils in average daily membership 467.2 according to subdivision 1e enrolled in the district. 467.3 (b) The AFDC pupil weighting factor for a district equals 467.4 the lesser of one or the quotient obtained by dividing the 467.5 district's AFDC concentration percentage by 11.5. 467.6 (c) The AFDC pupil units for a district for fiscal year 467.7 1993 and thereafter equals the product of: 467.8 (1) the number of pupils enrolled in the district from 467.9 families receiving aid to families with dependent children 467.10 according to subdivision 1e; times 467.11 (2) the AFDC pupil weighting factor for the district; times 467.12 (3) .67. 467.13 Subd. 4. [AFDC PUPIL COUNTS.] AFDC pupil counts and 467.14 average daily membership for subdivisions 1b and 1d shall be 467.15 determined according to this subdivision: 467.16 (a) For districts where the number of pupils from families 467.17 receiving aid to families with dependent children has increased 467.18 over the preceding year for each of the two previous years, the 467.19 number of pupils enrolled in the district from families 467.20 receiving aid to families with dependent children shall be those 467.21 counted on October 1 of the previous school year. The average 467.22 daily membership used shall be from the previous school year. 467.23 (b) For districts that do not meet the requirement of 467.24 paragraph (a), the number of pupils enrolled in the district 467.25 from families receiving aid to families with dependent children 467.26 shall be the average number of pupils on October 1 of the second 467.27 previous school year and October 1 of the previous school year. 467.28 The average daily membership used shall be the average number 467.29 enrolled in the previous school year and the second previous 467.30 school year. 467.31 (c) Notwithstanding paragraphs (a) and (b), for charter 467.32 schools in the first three years of operation, the number of 467.33 pupils enrolled from families receiving AFDC shall be those 467.34 counted on October 1 of the current school year. The average 467.35 daily membership used shall be from the current school year. 467.36 Subd. 5. [FUND BALANCE PUPIL UNITS.] Fund balance pupil 468.1 units must be computed separately for kindergarten pupils, 468.2 elementary pupils in grades 1 to 6, and secondary pupils in 468.3 grades 7 to 12. Total fund balance pupil units means the sum of 468.4 kindergarten, elementary, and secondary fund balance pupil 468.5 units. Fund balance pupil units for each category means the 468.6 number of resident pupil units in average daily membership, 468.7 including shared time pupil units, according to section 124A.02, 468.8 subdivision 20, plus 468.9 (1) pupils attending the district for which general 468.10 education aid adjustments are made according to section 468.11 124A.036, subdivision 5; minus 468.12 (2) the sum of the resident pupils attending other 468.13 districts for which general education aid adjustments are made 468.14 according to section 124A.036, subdivision 5, plus pupils for 468.15 whom payment is made according to section 126.22, subdivision 8, 468.16 or 126.23. 468.17 Subd. 6. [AVERAGE DAILY MEMBERSHIP.] Membership for pupils 468.18 in grades kindergarten through 12 and for prekindergarten pupils 468.19 with disabilities means the number of pupils on the current roll 468.20 of the school, counted from the date of entry until withdrawal. 468.21 The date of withdrawal means the day the pupil permanently 468.22 leaves the school or the date it is officially known that the 468.23 pupil has left or has been legally excused. However, a pupil, 468.24 regardless of age, who has been absent from school for 15 468.25 consecutive school days during the regular school year or for 468.26 five consecutive school days during summer school or 468.27 intersession classes of flexible school year programs without 468.28 receiving instruction in the home or hospital shall be dropped 468.29 from the roll and classified as withdrawn. Nothing in this 468.30 section shall be construed as waiving the compulsory attendance 468.31 provisions cited in section 120.101. Average daily membership 468.32 equals the sum for all pupils of the number of days of the 468.33 school year each pupil is enrolled in the district's schools 468.34 divided by the number of days the schools are in session. Days 468.35 of summer school or intersession classes of flexible school year 468.36 programs are only be included in the computation of membership 469.1 for pupils with a disability appropriately served at level 4, 5, 469.2 or 6 of the continuum of placement model described in Minnesota 469.3 Rules, part 3525.0200. 469.4 Subd. 7. [TRANSITIONAL YEAR PUPILS.] Notwithstanding 469.5 subdivision 2, pupils granted transitional year status shall 469.6 continue to be counted as members on the current roll of the 469.7 school for the remainder of the school year. For purposes of 469.8 computing average daily membership, transitional year pupils 469.9 must be considered to be enrolled every day school is in session 469.10 for the remainder of the school year. 469.11 Subd. 8. [NATIONAL GUARD PUPILS.] Notwithstanding 469.12 subdivision 2, pupils enrolled in the Minnesota National Guard 469.13 program shall be construed to be in attendance, for purposes of 469.14 computing average daily membership, during any period of the 469.15 regular school year, but not to include summer school, during 469.16 which the pupil is attending military active duty training 469.17 pursuant to that program. During that period of military active 469.18 duty training, the pupil shall earn all aid for the district of 469.19 residence or attendance which would be otherwise earned by the 469.20 pupil's presence. 469.21 Subd. 9. [MISSED SCHOOL FOR JUSTIFIABLE 469.22 CAUSE.] Notwithstanding subdivision 2, in cases when school is 469.23 in session but pupils are prevented from attending for more than 469.24 15 consecutive school days during the regular school year or 469.25 five consecutive school days during summer school or 469.26 intersession classes of flexible school year programs, because 469.27 of epidemic, calamity, weather, fuel shortage, or other 469.28 justifiable cause, the commissioner, upon application, may allow 469.29 the district to continue to count these pupils in average daily 469.30 membership. A lawful employees' strike is not a justifiable 469.31 cause for purposes of this subdivision. 469.32 Subd. 10. [AVERAGE DAILY MEMBERSHIP, PUPILS AGE 21 OR 469.33 OVER.] The average daily membership for pupils age 21 or over, 469.34 is equal to the ratio of the number of yearly hours that the 469.35 pupil is in membership to the number of instructional hours in 469.36 the district's regular school year. 470.1 Subd. 11. [PSEO PUPILS.] The average daily membership for 470.2 a pupil participating in the post-secondary enrollment options 470.3 program equals the lesser of 470.4 (a) 1.00, or 470.5 (b) the greater of 470.6 (1) .12, or 470.7 (2) the ratio of (i) the sum of the number of instructional 470.8 hours the pupil is enrolled in the secondary school during 470.9 quarters, trimesters, or semesters during which the pupil 470.10 participates in PSEO, and hours enrolled in the secondary school 470.11 during the remainder of the school year, to (ii) the actual 470.12 number of instructional days in the school year times the length 470.13 of day in the school. 470.14 Subd. 12. [PRIOR YEAR PUPIL UNITS.] In computing pupil 470.15 units for a prior year, the number of pupil units shall be 470.16 adjusted to reflect any change for the current year in relative 470.17 weightings by grade level or category of special assistance, any 470.18 change in measurement from average daily attendance to average 470.19 daily membership and any change in school district boundaries, 470.20 but not for the addition for the first time in the current year 470.21 of a specified category of special assistance as provided in 470.22 subdivision 1, clause (4). 470.23 Subd. 13. [LEARNING YEAR PUPIL UNITS.] (a) When a pupil is 470.24 enrolled in a learning year program according to section 470.25 121.585, an area learning center according to sections 124C.45 470.26 and 124C.46, or an alternative program approved by the 470.27 commissioner, for more than 1,020 hours in a school year for a 470.28 secondary student and for more than 935 hours in a school year 470.29 for an elementary student, that pupil may be counted as more 470.30 than one pupil in average daily membership. The amount in 470.31 excess of one pupil must be determined by the ratio of the 470.32 number of hours of instruction provided to that pupil in excess 470.33 of 1,020 hours to 1,020 for a secondary pupil and of 935 hours 470.34 to 935 for an elementary pupil. Hours that occur after the 470.35 close of the instructional year in June must be attributable to 470.36 the following fiscal year. 471.1 (b)(i) To receive general education revenue for a pupil in 471.2 an alternative program that has an independent study component, 471.3 a district must meet the requirements in this paragraph. The 471.4 district must develop, with the pupil, a continual learning plan 471.5 for the pupil. A district must allow a minor pupil's parent or 471.6 guardian to participate in developing the plan, if the parent or 471.7 guardian wants to participate. The plan must identify the 471.8 learning experiences and expected outcomes needed for 471.9 satisfactory credit for the year and for graduation. The plan 471.10 must be updated each year. 471.11 (ii) General education revenue for a pupil in an approved 471.12 alternative program without an independent study component must 471.13 be prorated for a pupil participating for less than a full year, 471.14 or its equivalent. 471.15 (iii) General education revenue for a pupil in an approved 471.16 alternative program that has an independent study component must 471.17 be paid for each hour of teacher contact time and each hour of 471.18 independent study time completed toward a credit necessary for 471.19 graduation. Average daily membership for a pupil shall equal 471.20 the number of hours of teacher contact time and independent 471.21 study time divided by 1,020. 471.22 (iv) For an alternative program having an independent study 471.23 component, the commissioner shall require a description of the 471.24 courses in the program, the kinds of independent study involved, 471.25 the expected learning outcomes of the courses, and the means of 471.26 measuring student performance against the expected outcomes. 471.27 Subd. 14. [BASIC SKILLS SUMMER SCHOOL PUPIL UNITS.] When a 471.28 pupil who has not passed an assessment of basic graduation 471.29 standards in reading, writing, or mathematics is enrolled in a 471.30 mastery of basic skills summer school program that is not a part 471.31 of the regular school term and the student has a total 471.32 enrollment time of more than 1,020 hours in a school year, the 471.33 pupil may be counted as more than one pupil in average daily 471.34 membership for purposes of this subdivision only. The amount in 471.35 excess of one pupil must be determined by the ratio of the 471.36 number of hours of instruction provided to that pupil in excess 472.1 of 1,020 hours. For each pupil, only the amount of summer 472.2 school enrollment time attributable to basic skills instruction 472.3 may be used to calculate the additional hours in the school 472.4 year. Basic skills instruction is defined as in Minnesota's 472.5 rules on graduation standards and includes reading, writing, and 472.6 mathematics. Hours that occur after the close of the 472.7 instructional year in June must be attributable to the following 472.8 fiscal year. A pupil for whom payment is made under this 472.9 subdivision may be counted by a district only for the 472.10 computation of basic revenue, according to section 124A.22, 472.11 subdivision 2, minus $300. 472.12 Sec. 3. [124D.018] [AFDC PUPIL COUNT.] 472.13 Each year by March 1, the department of human services 472.14 shall certify to the department of children, families, and 472.15 learning, for each district, the number of pupils from families 472.16 receiving aid to families with dependent children who were 472.17 enrolled in a public school on October 1 of the preceding year. 472.18 Sec. 4. [124D.02] [PSEO REPLACEMENT AID.] 472.19 Subdivision 1. [ELIGIBILITY.] A school district that meets 472.20 the following criteria is eligible for PSEO replacement aid: 472.21 (1) the number of pupils or portions of pupils in average 472.22 daily membership using the post-secondary enrollment options 472.23 program exceeds four percent of the district's enrollment in 472.24 grades 11 and 12; 472.25 (2) the enrollment in average daily membership in the 472.26 district is less in the current year than it was five years 472.27 previous; and 472.28 (3) the district is adjacent to at least two districts that 472.29 are eligible for elementary or secondary sparsity revenue. 472.30 Subd. 2. [AID AMOUNT.] PSEO replacement aid equals: 472.31 (1) the number of pupils or portions of pupils in average 472.32 daily membership using the post-secondary enrollment options 472.33 program for the portion of time not attending the district, 472.34 minus 472.35 (2) the number of pupils in average daily membership in 472.36 grades 11 and 12 in the district multiplied by four percent, 473.1 multiplied by 473.2 (3) the secondary pupil weighting of 1.3, multiplied by 473.3 (4) the basic formula allowance for the fiscal year. 473.4 The PSEO replacement aid is not less than zero. 473.5 Sec. 5. [124D.024] [REQUIREMENTS FOR AID GENERALLY.] 473.6 Subdivision 1. [UNLICENSED TEACHERS; AID REDUCTION.] When 473.7 a district employs one or more teachers who do not hold a valid 473.8 teaching license, state aid shall be withheld in the proportion 473.9 that the number of such teachers is to the total number of 473.10 teachers employed by the district, multiplied by 60 percent of 473.11 the basic revenue, as defined in section 124A.22, subdivision 2, 473.12 of the district for the year in which the employment occurred. 473.13 Subd. 2. [INSTRUCTIONAL HOURS.] In a school where the 473.14 number of instructional hours in the school day is greater than 473.15 the number of instructional hours prescribed in the rules of the 473.16 state board for the school day, the excess number of 473.17 instructional hours for those days may be included in 473.18 calculating the required number of days school is in session for 473.19 purposes of fulfilling the requirements of subdivision 1. 473.20 Instructional hours from half-day sessions or any school day 473.21 which has less instructional hours than the number of 473.22 instructional hours prescribed in the rules of the state board 473.23 must be excluded, unless the average number of instructional 473.24 hours for all school days in the school year equals or exceeds 473.25 the number of instructional hours prescribed in the rules of the 473.26 state board. The district shall notify the department of each 473.27 adjustment. 473.28 Subd. 3. [SCHEDULE ADJUSTMENTS.] (a) It is the intention 473.29 of the legislature to encourage efficient and effective use of 473.30 staff and facilities by districts. Districts are encouraged to 473.31 consider both cost and energy saving measures. 473.32 (b) Notwithstanding the provisions of subdivision 1 or 4, 473.33 any district operating a program pursuant to sections 120.59 to 473.34 120.67, 121.585 or 125.701 to 125.705, or operating a 473.35 commissioner-designated area learning center program under 473.36 section 124C.49, or that otherwise receives the approval of the 474.1 commissioner to operate its instructional program to avoid an 474.2 aid reduction in any year, may adjust the annual school schedule 474.3 for that program throughout the calendar year. 474.4 Sec. 6. [124D.028] [REVENUE FOR AN OUTCOME-BASED SCHOOL.] 474.5 Subdivision 1. [GENERAL EDUCATION REVENUE.] General 474.6 education revenue must be paid to a charter school as though it 474.7 were a district. The general education revenue for each pupil 474.8 unit is the state average general education revenue per pupil 474.9 unit minus $170, calculated without compensatory revenue, 474.10 transportation sparsity revenue, and the transportation portion 474.11 of the transition revenue adjustment, plus compensatory revenue 474.12 as though the school were a school district. 474.13 Subd. 2. [TRANSPORTATION REVENUE.] Transportation revenue 474.14 must be paid to a charter school that provides transportation 474.15 services according to section 120.064, subdivision 15, according 474.16 to this subdivision. Transportation aid must equal 474.17 transportation revenue. 474.18 (a) In addition to the revenue under subdivision 1, a 474.19 charter school providing transportation services must receive 474.20 general education aid for each pupil unit equal to the sum of 474.21 $170, plus the transportation sparsity allowance for the school 474.22 district in which the charter school is located, plus the 474.23 transportation transition allowance for the district in which 474.24 the charter school is located. 474.25 (b) For the first two years that a charter school is 474.26 providing transportation services, the special programs 474.27 transportation revenue equals the charter school's actual cost 474.28 in the current school year for transportation services for 474.29 children with disabilities under section 124.223, subdivisions 474.30 4, 5, 7, and 8. For the third year of transportation services 474.31 and later fiscal years, the special programs transportation 474.32 revenue shall be computed according to section 124.225, 474.33 subdivision 14. 474.34 Subd. 3. [USE OF TOTAL OPERATING CAPITAL REVENUE.] 474.35 Notwithstanding section 124A.22, subdivision 11, a charter 474.36 school may use total operating capital revenue for any purpose 475.1 related to the school. 475.2 Subd. 4. [SPECIAL EDUCATION AND LIMITED ENGLISH 475.3 PROFICIENCY AID.] Special education aid must be paid to a 475.4 charter school according to sections 124.3201 and 124.3202, as 475.5 though it were a district. The charter school may charge 475.6 tuition to the district of residence as provided in section 475.7 120.17, subdivision 4. Limited English proficiency programs aid 475.8 must be paid to a charter school according to section 124.273 as 475.9 though it were a district. The charter school must allocate its 475.10 special education levy equalization revenue to the resident 475.11 districts of the pupils attending the charter school. The 475.12 districts of residence must levy as though they were 475.13 participating in a cooperative, as provided in section 124.321, 475.14 subdivision 3. 475.15 Subd. 5. [OTHER AID, GRANTS, REVENUE.] (a) A charter 475.16 school is eligible to receive other aids, grants, and revenue 475.17 according to chapters 120 to 129, as though it were a district 475.18 except that, notwithstanding section 124.195, subdivision 3, the 475.19 payments must be of an equal amount on each of the 23 payment 475.20 dates unless a charter school is in its first year of 475.21 operation. If a charter school is in its first year of 475.22 operation it must receive on its first payment date 15 percent 475.23 of its cumulative amount guaranteed for the year and 22 payments 475.24 of an equal amount thereafter the sum of which must be 85 475.25 percent of the cumulative amount guaranteed. However, it may 475.26 not receive aid, a grant, or revenue if a levy is required to 475.27 obtain the money, except as otherwise provided in this section. 475.28 Federal aid received by the state must be paid to the school, if 475.29 it qualifies for the aid as though it were a district. 475.30 (b) Any revenue received from any source, other than 475.31 revenue that is specifically allowed for operational, 475.32 maintenance, capital facilities revenue under paragraph (c), and 475.33 capital expenditure equipment costs under this section, may be 475.34 used only for the planning and operational start-up costs of a 475.35 charter school. Any unexpended revenue from any source under 475.36 this paragraph must be returned to that revenue source or 476.1 conveyed to the sponsoring district, at the discretion of the 476.2 revenue source. 476.3 (c) A charter school may receive money from any source for 476.4 capital facilities needs. Any unexpended capital facilities 476.5 revenue must be reserved and shall be expended only for future 476.6 capital facilities purposes. 476.7 Subd. 6. [USE OF STATE MONEY.] Money received from the 476.8 state may not be used to purchase land or buildings. The school 476.9 may own land and buildings if obtained through nonstate sources. 476.10 Sec. 7. [124D.03] [STATE GOALS FOR SYSTEMIC CHANGE USING 476.11 TECHNOLOGICAL ADVANCES.] 476.12 The general framework outcomes for technology use in 476.13 education are: 476.14 (1) all Minnesota educational institutions, libraries, and 476.15 communities will have access to local, state, and worldwide 476.16 instructional resources databases; 476.17 (2) development of policies and procedures that assure 476.18 instructional resource availability to help students 476.19 successfully achieve education excellence and state standards; 476.20 (3) databases are accessible within each district and on 476.21 the Internet; and 476.22 (4) development of policies, procedures, and systems that 476.23 stimulate and promote teacher and student curriculum and 476.24 learning collaboration. 476.25 Sec. 8. [124D.034] [POLICY.] 476.26 In districts where the state provides aids for 476.27 transportation it is in the public interest to provide equality 476.28 of treatment in transporting school children of the state who 476.29 are required to attend elementary and secondary schools pursuant 476.30 to chapter 120, so that the health, welfare and safety of such 476.31 children, while using the public highways of the state, shall be 476.32 protected. 476.33 School children attending any schools, complying with 476.34 section 120.101, are therefore entitled to the same rights and 476.35 privileges relating to transportation. 476.36 Sec. 9. [124D.038] [DEFINITIONS.] 477.1 Subdivision 1. [DEFINITIONS.] The following words and 477.2 terms in sections 123.76 to 123.805 shall have the following 477.3 meanings ascribed to them. 477.4 Subd. 2. [DISTRICT.] "District" means any school district 477.5 as defined in section 120.02. 477.6 Subd. 3. [SCHOOL.] "School" means any school as defined in 477.7 section 120.101, subdivision 4. 477.8 Subd. 4. [SCHOOL BOARD.] "School board" means the 477.9 governing body of any school district. 477.10 Subd. 5. [SCHOOL CHILDREN.] "School children" means any 477.11 student or child attending or required to attend any school as 477.12 provided in the education code, chapters 120 to 129. 477.13 Sec. 10. [124D.04] [EQUAL TREATMENT.] 477.14 Subdivision 1. [GENERAL PROVISIONS.] A district shall 477.15 provide equal transportation within the district for all school 477.16 children to any school when transportation is deemed necessary 477.17 by the school board because of distance or traffic condition in 477.18 like manner and form as provided in sections 123.39 and 124.223, 477.19 when applicable. 477.20 Subd. 2. [NONPUBLIC SCHOOL STUDENTS.] (a) The board of any 477.21 local district must provide school bus transportation to the 477.22 district boundary for school children residing in the district 477.23 at least the same distance from a nonpublic school actually 477.24 attended in another district as public school pupils are 477.25 transported in the transporting district. Such transportation 477.26 must be provided whether or not there is another nonpublic 477.27 school within the transporting district, if the transportation 477.28 is to schools maintaining grades or departments not maintained 477.29 in the district or if the attendance of such children at school 477.30 can more safely, economically, or conveniently be provided for 477.31 by such means. 477.32 (b) The school board of any local district may provide 477.33 school bus transportation to a nonpublic school in another 477.34 district for school children residing in the district and 477.35 attending that school, whether or not there is another nonpublic 477.36 school within the transporting district, if the transportation 478.1 is to schools maintaining grades or departments not maintained 478.2 in the district or if the attendance of such children at school 478.3 can more safely, economically, or conveniently be provided for 478.4 by such means. If the board transports children to a nonpublic 478.5 school located in another district, the nonpublic school must 478.6 pay the cost of such transportation provided outside the 478.7 district boundaries. 478.8 Subd. 3. [BOARD CONTROL.] When transportation is provided, 478.9 the scheduling of routes, manner and method of transportation, 478.10 control and discipline of school children and any other matter 478.11 relating thereto shall be within the sole discretion, control 478.12 and management of the board. 478.13 Subd. 4. [RULES.] The state board of education may amend 478.14 rules relating to equal transportation. 478.15 Sec. 11. [124D.044] [FUNDS AND AIDS.] 478.16 Subdivision 1. [STATE AID.] State aids made available or 478.17 appropriated shall be for the equal benefit of all school 478.18 children, and be disbursed in such manner as determined by the 478.19 board. 478.20 Subd. 2. [DISTRICT FUNDS.] The board of any district may 478.21 expend any moneys in its treasury, whether received from state 478.22 or any other source for the purpose of providing equal 478.23 transportation treatment of all school children attending school. 478.24 Sec. 12. [124D.048] [STUDENT TRANSPORTATION SAFETY.] 478.25 Subdivision 1. [RESERVED REVENUE USE.] A district must use 478.26 the student transportation safety reserved revenue under section 478.27 124.225, subdivision 7f, for providing student transportation 478.28 safety programs to enhance student conduct and safety on the bus 478.29 or when boarding and exiting the bus. A district's student 478.30 transportation policy must specify the student transportation 478.31 safety activities to be carried out under this section. A 478.32 district's student transportation safety reserved revenue may 478.33 only be used for the following purposes: 478.34 (1) to provide paid adult bus monitors, including training 478.35 and salary costs; 478.36 (2) to provide a volunteer bus monitor program, including 479.1 training costs and the cost of a program coordinator; 479.2 (3) to purchase or lease optional external public address 479.3 systems or video recording cameras for use on buses; and 479.4 (4) other activities or equipment that have been reviewed 479.5 by the state school bus safety advisory committee and approved 479.6 by the commissioner of public safety. 479.7 Subd. 2. [REPORTING.] Districts must annually report 479.8 expenditures from the student transportation safety reserved 479.9 revenue to the commissioner who shall provide the information to 479.10 the school bus safety advisory committee. 479.11 Sec. 13. [124D.05] [SCHOOL BUS SAFETY TRAINING.] 479.12 Subdivision 1. [SCHOOL BUS SAFETY WEEK.] The first week of 479.13 school is designated as school bus safety week. 479.14 A board may designate one day of school bus safety week as 479.15 school bus driver day. 479.16 Subd. 2. [STUDENT TRAINING.] (a) Each district must 479.17 provide public school pupils enrolled in grades kindergarten 479.18 through 10 with age-appropriate school bus safety training. The 479.19 training must be results-oriented and shall consist of both 479.20 classroom instruction and practical training using a school 479.21 bus. Upon completing the training, a student shall be able to 479.22 demonstrate knowledge and understanding of at least the 479.23 following competencies and concepts: 479.24 (1) transportation by school bus is a privilege and not a 479.25 right; 479.26 (2) district policies for student conduct and school bus 479.27 safety; 479.28 (3) appropriate conduct while on the school bus; 479.29 (4) the danger zones surrounding a school bus; 479.30 (5) procedures for safely boarding and leaving a school 479.31 bus; 479.32 (6) procedures for safe street or road crossing; and 479.33 (7) school bus evacuation and other emergency procedures. 479.34 (b) Each nonpublic school located within the district must 479.35 provide all nonpublic school pupils enrolled in grades 479.36 kindergarten through 10 who are transported by school bus at 480.1 public expense and attend school within the district's 480.2 boundaries with training as required in paragraph (a). The 480.3 school district shall make a bus available for the practical 480.4 training if the district transports the nonpublic students. 480.5 Each nonpublic school shall provide the instruction. 480.6 (c) Student school bus safety training shall commence 480.7 during school bus safety week. All students enrolled in grades 480.8 kindergarten through 3 who are transported by school bus and are 480.9 enrolled during the first or second week of school must 480.10 demonstrate achievement of the school bus safety training 480.11 competencies by the end of the third week of school. All 480.12 students enrolled in grades 4 through 10 who are transported by 480.13 school bus and are enrolled during the first or second week of 480.14 school must demonstrate achievement of the competencies by the 480.15 end of the sixth week of school. Students enrolled in grades 480.16 kindergarten through 10 who enroll in a school after the second 480.17 week of school and are transported by school bus shall undergo 480.18 school bus safety training and demonstrate achievement of the 480.19 school bus safety competencies within four weeks of the first 480.20 day of attendance. The pupil transportation safety director in 480.21 each district must certify to the commissioner annually that all 480.22 students transported by school bus within the district have 480.23 satisfactorily demonstrated knowledge and understanding of the 480.24 school bus safety competencies according to this section or 480.25 provide an explanation for a student's failure to demonstrate 480.26 the competencies. The principal or other chief administrator of 480.27 each nonpublic school must certify annually to the public 480.28 transportation safety director of the district in which the 480.29 school is located that all of the school's students transported 480.30 by school bus at public expense have received training. A 480.31 district may deny transportation to a student who fails to 480.32 demonstrate the competencies, unless the student is unable to 480.33 achieve the competencies due to a disability, or to a student 480.34 who attends a nonpublic school that fails to provide training as 480.35 required by this subdivision. 480.36 (d) A district and a nonpublic school with students 481.1 transported by school bus at public expense must, to the extent 481.2 possible, provide kindergarten pupils with bus safety training 481.3 before the first day of school. 481.4 (e) A district and a nonpublic school with students 481.5 transported by school bus at public expense must also provide 481.6 student safety education for bicycling and pedestrian safety, 481.7 for students enrolled in grades kindergarten through 5. 481.8 (f) A district and a nonpublic school with students 481.9 transported by school bus at public expense must make reasonable 481.10 accommodations for the school bus, bicycle, and pedestrian 481.11 safety training of pupils known to speak English as a second 481.12 language and pupils with disabilities. 481.13 Subd. 3. [MODEL TRAINING PROGRAM.] The commissioner shall 481.14 develop a comprehensive model school bus safety training program 481.15 for pupils who ride the bus that includes bus safety curriculum 481.16 for both classroom and practical instruction, methods for 481.17 assessing attainment of school bus safety competencies, and 481.18 age-appropriate instructional materials. The program must be 481.19 adaptable for use by students with disabilities. 481.20 Sec. 14. [124D.054] [NOTICE OF RECORDING DEVICE.] 481.21 If a video or audio recording device is placed on a school 481.22 bus, the bus also must contain a sign or signs, conspicuously 481.23 placed, notifying riders that their conversations or actions may 481.24 be recorded on tape. 481.25 Sec. 15. [124D.058] [BUS TRANSPORTATION A PRIVILEGE NOT A 481.26 RIGHT.] 481.27 Transportation by school bus is a privilege not a right for 481.28 an eligible student. A student's eligibility to ride a school 481.29 bus may be revoked for a violation of school bus safety or 481.30 conduct policies, or for violation of any other law governing 481.31 student conduct on a school bus, pursuant to a written school 481.32 district discipline policy. Revocation of a student's bus 481.33 riding privilege is not an exclusion, expulsion, or suspension 481.34 under the pupil fair dismissal act of 1974. Revocation 481.35 procedures for a student who is an individual with a disability 481.36 under the Individuals with Disabilities Education Act, United 482.1 States Code, title 20, section 1400 et seq., section 504 of the 482.2 Rehabilitation Act of 1973, United States Code, title 29, 482.3 section 794, and the Americans with Disabilities Act, Public Law 482.4 Number 101-336, are governed by these provisions. 482.5 Sec. 16. [124D.06] [SCHOOL DISTRICT BUS SAFETY 482.6 RESPONSIBILITIES.] 482.7 Subdivision 1. [COMPREHENSIVE POLICY.] Each district must 482.8 develop and implement a comprehensive, written policy governing 482.9 pupil transportation safety, including transportation of 482.10 nonpublic school students, when applicable. The policy shall, 482.11 at minimum, contain: 482.12 (1) provisions for appropriate student bus safety training 482.13 under section 123.7991; 482.14 (2) rules governing student conduct on school buses and in 482.15 school bus loading and unloading areas; 482.16 (3) a statement of parent or guardian responsibilities 482.17 relating to school bus safety; 482.18 (4) provisions for notifying students and parents or 482.19 guardians of their responsibilities and the rules; 482.20 (5) an intradistrict system for reporting school bus 482.21 accidents or misconduct, a system for dealing with local law 482.22 enforcement officials in cases of criminal conduct on a school 482.23 bus, and a system for reporting accidents, crimes, incidents of 482.24 misconduct, and bus driver dismissals to the department of 482.25 public safety under section 169.452; 482.26 (6) a discipline policy to address violations of school bus 482.27 safety rules, including procedures for revoking a student's bus 482.28 riding privileges in cases of serious or repeated misconduct; 482.29 (7) a system for integrating school bus misconduct records 482.30 with other discipline records; 482.31 (8) a statement of bus driver duties; 482.32 (9) planned expenditures for safety activities under 482.33 section 123.799 and, where applicable, provisions governing bus 482.34 monitor qualifications, training, and duties; 482.35 (10) rules governing the use and maintenance of type III 482.36 vehicles, drivers of type III vehicles, qualifications to drive 483.1 a type III vehicle, qualifications for a type III vehicle and 483.2 the circumstances under which a student may be transported in a 483.3 type III vehicle; 483.4 (11) operating rules and procedures; 483.5 (12) provisions for annual bus driver in-service training 483.6 and evaluation; 483.7 (13) emergency procedures; 483.8 (14) a system for maintaining and inspecting equipment; 483.9 (15) requirements of the school district, if any, that 483.10 exceed state law minimum requirements for school bus operations; 483.11 and 483.12 (16) requirements for basic first aid training, which must 483.13 include the Heimlich maneuver and procedures for dealing with 483.14 obstructed airways, shock, bleeding, and seizures. 483.15 Districts are encouraged to use the model policy developed 483.16 by the Minnesota school boards association, the department of 483.17 public safety, and the department of children, families, and 483.18 learning, as well as the current edition of the "National 483.19 Standards for School Buses and Operations" published by the 483.20 National Safety Council, in developing safety policies. Each 483.21 district shall submit a copy of its policy under this 483.22 subdivision to the school bus safety advisory committee no later 483.23 than August 1, 1994. Each district shall review its policy 483.24 annually and make appropriate amendments, which must be 483.25 submitted to the school bus safety advisory committee within one 483.26 month of approval by the school board. 483.27 Subd. 2. [SCHOOL TRANSPORTATION SAFETY DIRECTOR.] Each 483.28 board shall designate a school transportation safety director to 483.29 oversee and implement pupil transportation safety policies. The 483.30 director shall have day-to-day responsibility for pupil 483.31 transportation safety within the district, including 483.32 transportation of nonpublic school children when provided by the 483.33 district. 483.34 Sec. 17. [124D.064] [TRANSPORTATION AND AUTHORIZATION.] 483.35 Subdivision 1. [TO AND FROM SCHOOL; BETWEEN SCHOOLS.] (a) 483.36 Districts may provide transportation to and from schools 484.1 resident pupils attend, between schools the resident pupils 484.2 attend for instructional classes, or to and from 484.3 service-learning programs. Districts may provide the 484.4 transportation for pupils to nonpublic schools actually 484.5 attended, only to the extent permitted by sections 123.76 to 484.6 123.79. Districts may provide transportation for resident 484.7 pupils to and from language immersion programs. Districts may 484.8 provide transportation for a pupil who is a custodial parent and 484.9 that pupil's child between the pupil's home and the child care 484.10 provider and between the provider and the school, if the home 484.11 and provider are within the attendance area of the school. 484.12 (b) For the purposes of this subdivision, a district may 484.13 designate a licensed day care facility, respite care facility, 484.14 the residence of a relative, or the residence of a person chosen 484.15 by the pupil's parent or guardian as the home of a pupil for 484.16 part or all of the day, if requested by the pupil's parent or 484.17 guardian and if that facility or residence is within the 484.18 attendance area of the school the pupil attends. 484.19 (c) Districts may provide transportation to and from school 484.20 of an elementary pupil who moves during the school year within 484.21 an area designated by the district as a mobility zone, but only 484.22 for the remainder of the school year. The attendance areas of 484.23 schools in a mobility zone must be contiguous. To be in a 484.24 mobility zone, a school must meet both of the following 484.25 requirements: 484.26 (1) more than 50 percent of the pupils enrolled in the 484.27 school are eligible for free or reduced school lunch; and 484.28 (2) the pupil withdrawal rate for the last year is more 484.29 than 12 percent. 484.30 (d) A pupil withdrawal rate is determined by dividing: 484.31 (1) the sum of the number of pupils who withdraw from the 484.32 school, during the school year, and the number of pupils 484.33 enrolled in the school as a result of transportation provided 484.34 under this paragraph, by 484.35 (2) the number of pupils enrolled in the school. 484.36 (e) The district may establish eligibility requirements for 485.1 individual pupils to receive transportation in the mobility zone. 485.2 Subd. 2. [OUTSIDE DISTRICT.] Districts may provide 485.3 transportation to and from or board and lodging in another 485.4 district, of resident pupils of a district without a secondary 485.5 school. The pupils may attend a classified secondary school in 485.6 another district and may receive board and lodging in or 485.7 transportation to and from a district having a classified 485.8 secondary school at the expense of the district of the pupil's 485.9 residence. 485.10 Subd. 3. [SECONDARY VOCATIONAL CENTERS.] Districts may 485.11 provide transportation to and from a commissioner approved 485.12 secondary vocational center for secondary vocational classes for 485.13 resident pupils of any of the districts who are members of or 485.14 participating in programs at that center. 485.15 Subd. 4. [PUPILS WITH DISABILITIES.] Districts must 485.16 provide transportation or board and lodging of a pupil with a 485.17 disability when that pupil cannot be transported on a regular 485.18 school bus. Districts must provide the conveying of pupils with 485.19 a disability between home or a respite care facility and school 485.20 and within the school plant. Districts must provide necessary 485.21 transportation of pupils with a disability from home or from 485.22 school to other buildings, including centers such as 485.23 developmental achievement centers, hospitals and treatment 485.24 centers where special instruction or services required by 485.25 sections 120.17 and 120.1701 are provided, within or outside the 485.26 district where services are provided, and necessary 485.27 transportation for resident pupils with a disability required by 485.28 sections 120.17, subdivision 4a, and 120.1701. Transportation 485.29 of pupils with a disability between home or a respite care 485.30 facility and school shall not be subject to any distance 485.31 requirement for children. 485.32 Subd. 5. [BOARD AND LODGING; NONRESIDENTS WITH 485.33 DISABILITIES.] Districts may provide, when necessary, board and 485.34 lodging for nonresident pupils with a disability in a district 485.35 maintaining special classes. 485.36 Subd. 6. [SHARED TIME.] Districts may provide 486.1 transportation from one educational facility to another within 486.2 the district for resident pupils enrolled on a shared time basis 486.3 in educational programs, and necessary transportation required 486.4 by sections 120.17, subdivision 9, and 120.1701 for resident 486.5 pupils with a disability who are provided special instruction 486.6 and services on a shared time basis. 486.7 Subd. 7. [FARIBAULT STATE ACADEMIES.] Districts may 486.8 provide transportation for resident pupils with disabilities to 486.9 and from board and lodging facilities when the pupil is boarded 486.10 and lodged for educational purposes. 486.11 Subd. 8. [SUMMER INSTRUCTIONAL PROGRAMS.] (a) Districts 486.12 may provide services described in subdivisions 1 to 7, 9, and 10 486.13 when provided for pupils with a disability in conjunction with a 486.14 summer instructional program that is offered for credit or 486.15 required for graduation or that provides academic enrichment or 486.16 remediation. The reserved revenue may not be used for 486.17 recreational sports, leisure activities, entertainment, 486.18 recreational activities, crafts, hobbies, or any other classes 486.19 of a similar nature. Summer programs for a pupil with a 486.20 disability must relate to the pupil's individual education plan. 486.21 (b) Districts may provide services described in subdivision 486.22 1 when provided during the summer in conjunction with a learning 486.23 year program established under section 121.585. 486.24 Subd. 9. [COOPERATIVE ACADEMIC AND VOCATIONAL.] Districts 486.25 may provide transportation to, from or between educational 486.26 facilities located in any of two or more districts jointly 486.27 offering academic classes or secondary vocational classes not 486.28 provided at a secondary vocational center for resident pupils of 486.29 any of these districts. 486.30 Subd. 10. [NONPUBLIC SUPPORT SERVICES.] Districts may 486.31 provide necessary transportation within district boundaries 486.32 between a nonpublic school and a public school or a neutral site 486.33 for nonpublic school pupils who are provided pupil support 486.34 services pursuant to section 123.935. 486.35 Subd. 11. [RULES.] The state board of education may amend 486.36 rules relating to transportation data. 487.1 Sec. 18. [124D.068] [TRANSPORTATION AID ENTITLEMENT.] 487.2 Subdivision 1. [DEFINITIONS.] For purposes of this 487.3 section, the terms defined in this subdivision have the meanings 487.4 given to them. 487.5 (a) "FTE" means a full-time equivalent pupil whose 487.6 transportation is authorized for aid purposes by section 124.223. 487.7 (b) "Authorized cost for regular transportation" means the 487.8 sum of: 487.9 (1) all expenditures for transportation in the regular 487.10 category, as defined in paragraph (c), clause (1), for which aid 487.11 is authorized in section 124.223, plus 487.12 (2) an amount equal to one year's depreciation on the 487.13 district's school bus fleet and mobile units computed on a 487.14 straight line basis at the rate of 15 percent per year for 487.15 districts operating a program under section 121.585 for grades 1 487.16 to 12 for all students in the district and 12-1/2 percent per 487.17 year for other districts of the cost of the fleet, plus 487.18 (3) an amount equal to one year's depreciation on district 487.19 school buses reconditioned by the department of corrections 487.20 computed on a straight line basis at the rate of 33-1/3 percent 487.21 per year of the cost to the district of the reconditioning, plus 487.22 (4) an amount equal to one year's depreciation on the 487.23 district's type three school buses, as defined in section 487.24 169.01, subdivision 6, clause (5), which must be used a majority 487.25 of the time for the purposes in sections 124.223 and 124.226, 487.26 subdivisions 5, 8, and 9, and were purchased after July 1, 1982, 487.27 for authorized transportation of pupils, computed on a straight 487.28 line basis at the rate of 20 percent per year of the cost of the 487.29 type three school buses. 487.30 (c) "Transportation category" means a category of 487.31 transportation service provided to pupils as follows: 487.32 (1) Regular transportation is transportation services 487.33 provided during the regular school year under section 124.223, 487.34 subdivisions 1 and 2, excluding the following transportation 487.35 services provided under section 124.223, subdivision 1: 487.36 transportation between schools; transportation to and from 488.1 service-learning programs; noon transportation to and from 488.2 school for kindergarten pupils attending half-day sessions; 488.3 transportation of pupils to and from schools located outside 488.4 their normal attendance areas under the provisions of a plan for 488.5 desegregation mandated by the state board of education or under 488.6 court order; and transportation of elementary pupils to and from 488.7 school within a mobility zone. 488.8 (2) Nonregular transportation is transportation services 488.9 provided under section 124.223, subdivision 1, that are excluded 488.10 from the regular category and transportation services provided 488.11 under section 124.223, subdivisions 3, 4, 5, 6, 7, 8, 9, and 10. 488.12 (3) Excess transportation is transportation to and from 488.13 school during the regular school year for secondary pupils 488.14 residing at least one mile but less than two miles from the 488.15 public school they could attend or from the nonpublic school 488.16 actually attended, and transportation to and from school for 488.17 pupils residing less than one mile from school who are 488.18 transported because of extraordinary traffic, drug, or crime 488.19 hazards. 488.20 (4) Desegregation transportation is transportation within 488.21 and outside of the district during the regular school year of 488.22 pupils to and from schools located outside their normal 488.23 attendance areas under a plan for desegregation mandated by the 488.24 state board or under court order. 488.25 (5) Handicapped transportation is transportation provided 488.26 under section 124.223, subdivision 4, for pupils with a 488.27 disability between home or a respite care facility and school or 488.28 other buildings where special instruction required by sections 488.29 120.17 and 120.1701 is provided. 488.30 (d) "Mobile unit" means a vehicle or trailer designed to 488.31 provide facilities for educational programs and services, 488.32 including diagnostic testing, guidance and counseling services, 488.33 and health services. A mobile unit located off nonpublic school 488.34 premises is a neutral site as defined in section 123.932, 488.35 subdivision 9. 488.36 (e) "Current year" means the school year for which aid will 489.1 be paid. 489.2 (f) "Base year" means the second school year preceding the 489.3 school year for which aid will be paid. 489.4 (g) "Base cost" means the ratio of: 489.5 (1) the sum of the authorized cost in the base year for 489.6 regular transportation as defined in paragraph (b) plus the 489.7 actual cost in the base year for excess transportation as 489.8 defined in paragraph (c); 489.9 (2) to the sum of the number of weighted FTE's in the 489.10 regular and excess categories in the base year. 489.11 (h) "Pupil weighting factor" for the excess transportation 489.12 category for a district means the lesser of one, or the result 489.13 of the following computation: 489.14 (1) Divide the square mile area of the district by the 489.15 number of FTE's in the regular and excess categories in the base 489.16 year. 489.17 (2) Raise the result in clause (1) to the one-fifth power. 489.18 (3) Divide four-tenths by the result in clause (2). 489.19 The pupil weighting factor for the regular transportation 489.20 category is one. 489.21 (i) "Weighted FTE's" means the number of FTE's in each 489.22 transportation category multiplied by the pupil weighting factor 489.23 for that category. 489.24 (j) "Sparsity index" for a district means the greater of 489.25 .005 or the ratio of the square mile area of the district to the 489.26 sum of the number of weighted FTE's by the district in the 489.27 regular and excess categories in the base year. 489.28 (k) "Density index" for a district means the greater of one 489.29 or the result obtained by subtracting the product of the 489.30 district's sparsity index times 20 from two. 489.31 (l) "Contract transportation index" for a district means 489.32 the greater of one or the result of the following computation: 489.33 (1) Multiply the district's sparsity index by 20. 489.34 (2) Select the lesser of one or the result in clause (1). 489.35 (3) Multiply the district's percentage of regular FTE's in 489.36 the current year using vehicles that are not owned by the school 490.1 district by the result in clause (2). 490.2 (m) "Adjusted predicted base cost" means the predicted base 490.3 cost as computed in subdivision 3a as adjusted under subdivision 490.4 7a. 490.5 (n) "Regular transportation allowance" means the adjusted 490.6 predicted base cost, inflated and adjusted under subdivision 7b. 490.7 Subd. 2. [PREDICTED BASE COST.] A district's predicted 490.8 base cost equals the result of the following computation: 490.9 (a) Multiply the transportation formula allowance by the 490.10 district's sparsity index raised to the one-fourth power. The 490.11 transportation formula allowance is $477 for the 1993-1994 base 490.12 year. 490.13 (b) Multiply the result in paragraph (a) by the district's 490.14 density index raised to the 1/2 power. 490.15 (c) Multiply the result in paragraph (b) by the district's 490.16 contract transportation index raised to the 1/20 power. 490.17 Subd. 3. [BASE YEAR SOFTENING FORMULA.] Each district's 490.18 predicted base cost determined according to subdivision 3a must 490.19 be adjusted as provided in this subdivision to determine the 490.20 district's adjusted predicted base cost for that year. The 490.21 adjusted predicted base cost equals 50 percent of the district's 490.22 base cost plus 50 percent of the district's predicted base cost, 490.23 but the adjusted predicted base cost cannot be less than 80 490.24 percent, nor more than 105 percent, of the base cost. 490.25 Subd. 4. [INFLATION FACTORS.] (a) The adjusted predicted 490.26 base cost determined for a district under subdivision 7a for the 490.27 base year must be increased by zero percent to determine the 490.28 district's regular transportation allowance for the 1995-1996 490.29 school year. 490.30 (b) Notwithstanding paragraph (a), the regular 490.31 transportation allowance for a district for the 1995-1996 school 490.32 year cannot be less than the district's minimum regular 490.33 transportation allowance according to Minnesota Statutes 1990, 490.34 section 124.225, subdivision 1, paragraph (t). 490.35 Subd. 5. [TRANSPORTATION REVENUE.] Transportation revenue 490.36 for each district equals the sum of the district's regular 491.1 transportation revenue and the district's nonregular 491.2 transportation revenue. 491.3 (a) The regular transportation revenue for each district 491.4 equals the district's regular transportation allowance according 491.5 to subdivision 7b times the sum of the number of FTE's by the 491.6 district in the regular, desegregation, and handicapped 491.7 categories in the current school year. 491.8 (b) For the 1995-1996 school year, the nonregular 491.9 transportation revenue for each district equals the lesser of 491.10 the district's actual cost in the current school year for 491.11 nonregular transportation services or the product of the 491.12 district's actual cost in the base year for nonregular 491.13 transportation services as defined for the current year in 491.14 subdivision 1, paragraph (c), times the ratio of the district's 491.15 average daily membership for the current year to the district's 491.16 average daily membership for the base year according to section 491.17 124.17, subdivision 2, times the nonregular transportation 491.18 inflation factor for the current year, minus the amount of 491.19 regular transportation revenue attributable to FTE's in the 491.20 desegregation and handicapped categories in the current school 491.21 year, plus the excess nonregular transportation revenue for the 491.22 current year according to subdivision 7e. The nonregular 491.23 transportation inflation factor is 1.0 for the 1995-1996 school 491.24 year. 491.25 Subd. 6. [EXCESS NONREGULAR TRANSPORTATION REVENUE.] A 491.26 district's excess nonregular transportation revenue for 491.27 1992-1993 and later school years equals an amount equal to 80 491.28 percent of the difference between: 491.29 (1) the district's actual cost in the current year for 491.30 nonregular transportation services as defined for the current 491.31 year in subdivision 1, paragraph (c), and 491.32 (2) the product of the district's actual cost in the base 491.33 year for nonregular transportation services as defined for the 491.34 current year in subdivision 1, paragraph (c), times the 491.35 nonregular transportation inflation factor for the current year, 491.36 times the ratio of the district's average daily membership for 492.1 the current year to the district's average daily membership for 492.2 the base year. 492.3 Subd. 7. [RESERVED REVENUE FOR TRANSPORTATION SAFETY.] A 492.4 district must reserve an amount equal to the greater of $500 or 492.5 $1.50 times the number of fund balance pupil units, for that 492.6 school year to provide student transportation safety programs 492.7 under section 123.799. This revenue may only be used if the 492.8 district complies with the reporting requirements of section 492.9 123.7991, 123.805, 169.452, 169.4582, or 171.321, subdivision 5. 492.10 Subd. 8. [TRANSPORTATION AID.] (a) A district's 492.11 transportation aid equals the product of: 492.12 (1) the difference between the transportation revenue and 492.13 the sum of: 492.14 (i) the maximum basic transportation levy for that school 492.15 year under section 124.226, subdivision 1, plus 492.16 (ii) the maximum nonregular transportation levy for that 492.17 school year under section 124.226, subdivision 4, plus 492.18 (iii) the contracted services aid reduction under 492.19 subdivision 8k, 492.20 (2) times the ratio of the sum of the actual amounts levied 492.21 under section 124.226, subdivisions 1 and 4, to the sum of the 492.22 permitted maximum levies under section 124.226, subdivisions 1 492.23 and 4. 492.24 (b) If the total appropriation for transportation aid for 492.25 any fiscal year is insufficient to pay all districts the full 492.26 amount of aid earned, the department must reduce each district's 492.27 aid in proportion to the number of resident pupils in average 492.28 daily membership in the district to the state total average 492.29 daily membership, and must reduce the transportation levy of 492.30 off-formula districts in the same proportion. 492.31 Subd. 9. [CONTRACTED SERVICES AID REDUCTION.] (a) Each 492.32 year, a district's transportation aid must be reduced according 492.33 to the provisions of this subdivision, if the district 492.34 contracted for some or all of the transportation services 492.35 provided in the regular category. 492.36 (b) The department must determine the subtraction by 493.1 computing the district's regular transportation revenue, 493.2 excluding revenue based on the district's minimum regular 493.3 transportation allowance according to Minnesota Statutes 1990, 493.4 section 124.225, subdivision 1, paragraph (t), under two 493.5 circumstances, once including the factor specified in 493.6 subdivision 3a, paragraph (c), and once excluding the factor. 493.7 The aid subtraction equals the difference between the district's 493.8 revenue computed under the two circumstances. 493.9 Subd. 10. [ALTERNATIVE ATTENDANCE PROGRAMS.] A district 493.10 that enrolls nonresident pupils in programs under sections 493.11 120.062, 120.075, 120.0751, 120.0752, 124C.45 to 124C.48, and 493.12 126.22, must provide authorized transportation to the pupil 493.13 within the attendance area for the school that the pupil 493.14 attends. The resident district need not provide or pay for 493.15 transportation between the pupil's residence and the district's 493.16 border. 493.17 Subd. 11. [TRANSPORTATION SAFETY AID.] A district's 493.18 transportation safety aid equals the district's reserved revenue 493.19 for transportation safety under subdivision 7f for that school 493.20 year. Failure of a district to comply with the reporting 493.21 requirements of section 123.7991, 123.805, 169.452, 169.4582, or 493.22 171.321, subdivision 5, may result in a withholding of that 493.23 district's transportation safety aid for that school year. 493.24 Subd. 12. [DISTRICT REPORTS.] Each district must report 493.25 data to the department as required by the department to account 493.26 for transportation expenditures. 493.27 Subd. 13. [DEPRECIATION.] A district that owns school 493.28 buses or mobile units must transfer annually from the 493.29 undesignated fund balance account in its transportation fund to 493.30 the reserved fund balance account for bus purchases in its 493.31 transportation fund at least an amount equal to 15 percent per 493.32 year for districts operating a program under section 121.585 for 493.33 grades 1 to 12 for all students in the district and 12-1/2 493.34 percent per year for other districts of the original cost of 493.35 each type one or type two bus or mobile unit until the original 493.36 cost of each type one or type two bus or mobile unit is fully 494.1 amortized, plus 20 percent of the original cost of each type 494.2 three bus included in the district's authorized cost under the 494.3 provisions of subdivision 1, paragraph (b), clause (4), until 494.4 the original cost of each type three bus is fully amortized, 494.5 plus 33-1/3 percent of the cost to the district as of July 1 of 494.6 each year for school bus reconditioning done by the department 494.7 of corrections until the cost of the reconditioning is fully 494.8 amortized; provided, if the district's transportation aid or 494.9 levy is reduced pursuant to subdivision 8a because the 494.10 appropriation for that year is insufficient, this amount shall 494.11 be reduced in proportion to the reduction pursuant to 494.12 subdivision 8a as a percentage of the district's transportation 494.13 revenue under subdivision 7d. 494.14 Subd. 14. [TARGETED NEEDS TRANSPORTATION REVENUE.] A 494.15 district's targeted needs transportation revenue for the 494.16 1996-1997 and later school years equals the sum of the special 494.17 programs transportation revenue according to subdivision 14, the 494.18 integration transportation revenue according to subdivision 15, 494.19 and the nonpublic pupil transportation revenue according to 494.20 subdivision 16. 494.21 Subd. 15. [SPECIAL PROGRAMS TRANSPORTATION REVENUE.] A 494.22 district's special programs transportation revenue for the 494.23 1996-1997 and later school years equals the sum of: 494.24 (a) the district's actual cost in the base year for 494.25 transportation services for children with disabilities under 494.26 section 124.223, subdivisions 4, 5, 7, and 8, times the ratio of 494.27 the district's average daily membership for the current school 494.28 year to the district's average daily membership for the base 494.29 year; plus 494.30 (b) the greater of zero or 80 percent of the difference 494.31 between: 494.32 (1) the district's actual cost in the current year for 494.33 transportation services for children with disabilities under 494.34 section 124.223, subdivisions 4, 5, 7, and 8; and 494.35 (2) the amount computed in paragraph (a). 494.36 Subd. 16. [INTEGRATION TRANSPORTATION REVENUE.] A 495.1 district's integration transportation revenue for the 1996-1997 495.2 and later school years equals the following amounts: 495.3 (a) for independent school district No. 709, Duluth, $4 495.4 times the actual pupil units for the school year; 495.5 (b) for independent school district No. 625, St. Paul, $73 495.6 times the actual pupil units for the school year; and 495.7 (c) for special school district No. 1, Minneapolis, $158 495.8 times the actual pupil units for the school year. 495.9 Subd. 17. [NONPUBLIC PUPIL TRANSPORTATION REVENUE.] (a) A 495.10 district's nonpublic pupil transportation revenue for the 495.11 1996-1997 and later school years for transportation services for 495.12 nonpublic school pupils according to sections 123.39, 123.76 to 495.13 123.78, 124.223, and 124.226, equals the sum of the amounts 495.14 computed in paragraphs (b) and (c). This revenue does not limit 495.15 the obligation to transport pupils under sections 123.76 to 495.16 123.79. 495.17 (b) For regular and excess transportation according to 495.18 section 124.225, subdivision 1, paragraph (c), clauses (1) and 495.19 (3), an amount equal to the product of: 495.20 (1) the district's actual expenditure per pupil transported 495.21 in the regular and excess transportation categories during the 495.22 second preceding school year; times 495.23 (2) the number of nonpublic school pupils residing in the 495.24 district who receive regular or excess transportation service or 495.25 reimbursement for the current school year; times 495.26 (3) the ratio of the formula allowance pursuant to section 495.27 124A.22, subdivision 2, for the current school year to the 495.28 formula allowance pursuant to section 124A.22, subdivision 2, 495.29 for the second preceding school year. 495.30 (c) For nonregular transportation according to section 495.31 124.225, subdivision 1, paragraph (c), clause (2), excluding 495.32 transportation services for children with disabilities under 495.33 section 124.223, subdivisions 4, 5, 7, and 8, and late activity 495.34 transportation according to section 124.226, subdivision 9, an 495.35 amount equal to the product of: 495.36 (1) the district's actual expenditure for nonregular and 496.1 late activity transportation for nonpublic school pupils during 496.2 the second preceding school year; times 496.3 (2) the ratio of the formula allowance pursuant to section 496.4 124A.22, subdivision 2, for the current school year to the 496.5 formula allowance pursuant to section 124A.22, subdivision 2, 496.6 for the second preceding school year. 496.7 (d) Notwithstanding the amount of the formula allowance for 496.8 fiscal years 1997 and 1998 in section 124A.22, subdivision 2, 496.9 the commissioner shall use the amount of the formula allowance 496.10 less $300 in determining the nonpublic pupil transportation 496.11 revenue in paragraphs (b) and (c) for fiscal years 1997 and 1998. 496.12 Subd. 18. [TARGETED NEEDS TRANSPORTATION AID.] (a) A 496.13 district's targeted needs transportation aid is the difference 496.14 between its targeted needs transportation revenue under 496.15 subdivision 13 and its targeted needs transportation levy under 496.16 section 124.226, subdivision 10. 496.17 (b) If a district does not levy the entire amount 496.18 permitted, aid must be reduced in proportion to the actual 496.19 amount levied. 496.20 Sec. 19. [124D.07] [TRANSPORTATION LEVIES.] 496.21 Subdivision 1. [BASIC TRANSPORTATION.] Each year, a 496.22 district may levy for school transportation services an amount 496.23 not to exceed the amount raised by the basic transportation tax 496.24 rate times the adjusted net tax capacity of the district for the 496.25 preceding year. The commissioner shall establish the basic 496.26 transportation tax rate by July 1 of each year for levies 496.27 payable in the following year. The basic transportation tax 496.28 rate must be a rate, rounded up to the nearest hundredth of a 496.29 percent, that, when applied to the adjusted net tax capacity of 496.30 taxable property for all districts, raises the amount specified 496.31 in this subdivision. The basic transportation tax rate for 496.32 transportation must be the rate that raises $64,300,000 for 496.33 fiscal year 1993 and $68,000,000 for fiscal year 1994 and 496.34 subsequent fiscal years. The basic transportation tax rate 496.35 certified by the commissioner must not be changed due to changes 496.36 or corrections made to a district's adjusted net tax capacity 497.1 after the tax rate has been certified. 497.2 Subd. 2. [EXTRA TRANSPORTATION.] When the transportation 497.3 patterns of a district change as a result of leasing a school in 497.4 another district, the district may, upon approval of the 497.5 commissioner, levy for any increase in transportation cost above 497.6 the cost that would occur without the leasing of the school. 497.7 The commissioner shall approve a specific dollar amount which 497.8 may be levied because of these increased costs. The levy 497.9 authorized by this subdivision may be computed on the basis of 497.10 estimated increased costs. In the first year a district makes 497.11 the levy authorized by this subdivision, the commissioner may 497.12 authorize a levy sufficient to pay for estimated increased costs 497.13 resulting from leasing for two years. The amount provided by 497.14 this levy must not be included in the computation of the actual 497.15 net operating cost per pupil transported in future years. 497.16 Subd. 3. [OFF-FORMULA ADJUSTMENT.] If a district's basic 497.17 transportation levy under subdivision 1 attributable to that 497.18 fiscal year is more than the difference between (1) the 497.19 district's transportation revenue under section 124.225, 497.20 subdivision 7d, and (2) the sum of the district's maximum 497.21 nonregular levy under subdivision 4 and the district's 497.22 contracted services aid reduction under section 124.225, 497.23 subdivision 8k, and the amount of any reduction due to 497.24 insufficient appropriation under section 124.225, subdivision 497.25 8a, then the district's transportation levy in each fiscal year 497.26 must be reduced by the difference between the amount of the 497.27 excess and the amount of the aid reduction for the same fiscal 497.28 year according to subdivision 3a. 497.29 Subd. 4. [TRANSPORTATION LEVY EQUITY.] (a) If a district's 497.30 basic transportation levy for a fiscal year is adjusted 497.31 according to subdivision 3, an amount must be deducted from the 497.32 state payments that are authorized in chapter 273 and that are 497.33 receivable for the same fiscal year. The amount of the 497.34 deduction equals the difference between: 497.35 (1) the district's transportation revenue under section 497.36 124.225, subdivision 7d; and 498.1 (2) the sum of the district's maximum basic transportation 498.2 levy under subdivision 1, the district's maximum nonregular levy 498.3 under subdivision 4, the district's contracted services aid 498.4 reduction under section 124.225, subdivision 8k, and the amount 498.5 of any reduction due to insufficient appropriation under section 498.6 124.225, subdivision 8a. 498.7 (b) Notwithstanding paragraph (a), for fiscal year 1995, 498.8 the amount of the deduction is one-fourth of the difference 498.9 between clauses (1) and (2); for fiscal year 1996, the amount of 498.10 the deduction is one-half of the difference between clauses (1) 498.11 and (2); and for fiscal year 1997, the amount of the deduction 498.12 is three-fourths of the difference between clauses (1) and (2). 498.13 (c) The amount of the deduction in any fiscal year must not 498.14 exceed the amount of state payments that are authorized in 498.15 chapter 273 and that are receivable for the same fiscal year in 498.16 the district's transportation fund. 498.17 Subd. 5. [NONREGULAR TRANSPORTATION.] A district may also 498.18 make a levy for unreimbursed nonregular transportation costs 498.19 pursuant to this subdivision. 498.20 For the 1995-1996 school year, the amount of the levy must 498.21 be the result of the following computation: 498.22 (1) multiply 498.23 (i) the amount of the district's nonregular transportation 498.24 revenue under section 124.225, subdivision 7d, that is more than 498.25 the product of $65 times the district's average daily 498.26 membership, by 498.27 (ii) 50 percent; 498.28 (2) subtract the result in clause (1) from the district's 498.29 total nonregular transportation revenue; 498.30 (3) multiply the result in clause (2) by the lesser of one 498.31 or the ratio of 498.32 (i) the quotient derived by dividing the adjusted net tax 498.33 capacity of the district for the year before the year the levy 498.34 is certified by the average daily membership in the district for 498.35 the school year to which the levy is attributable, to 498.36 (ii) $8,000. 499.1 Subd. 6. [EXCESS TRANSPORTATION.] A district may make a 499.2 levy for excess transportation costs according to this 499.3 subdivision. The amount of the levy must be the result of the 499.4 following computation: 499.5 (a) Multiply the lesser of (1) the regular transportation 499.6 allowance for the fiscal year to which the levy is attributable, 499.7 or (2) the base cost for the fiscal year to which the levy is 499.8 attributable, by the number of weighted FTE pupils transported 499.9 in the excess category in the district in the current school 499.10 year. 499.11 (b) Add to the result in paragraph (a) the actual cost in 499.12 the fiscal year to which the levy is attributable of other 499.13 related services that are necessary because of extraordinary 499.14 traffic, drug, or crime hazards. 499.15 Subd. 7. [BUS PURCHASES.] A district may levy the amount 499.16 necessary to eliminate any projected deficit in the reserved 499.17 fund balance account for bus purchases in its transportation 499.18 fund as of June 30 of the school year beginning in the calendar 499.19 year following the calendar year the levy is certified. 499.20 Subd. 8. [CONTRACTED SERVICES.] A district may levy an 499.21 amount equal to the aid subtraction computed according to 499.22 section 124.225, subdivision 8k, for the school year beginning 499.23 in the year the levy is certified. 499.24 Subd. 9. [POST-SECONDARY AGREEMENTS.] A district may levy 499.25 an amount equal to the actual cost of transportation of 499.26 secondary pupils enrolled in courses provided under an agreement 499.27 authorized by section 123.33, subdivision 7, to and from a 499.28 pupil's home and a secondary school or a post-secondary 499.29 institution, between a secondary school and a post-secondary 499.30 institution, or between post-secondary institutions. 499.31 Subd. 10. [LATE ACTIVITY BUSES.] (a) For taxes payable in 499.32 1996, a district may levy an amount equal to the lesser of: 499.33 (1) the actual cost of late transportation home from 499.34 school, between schools within a district, or between schools in 499.35 one or more districts that have an agreement under sections 499.36 122.241 to 122.248, 122.535, 122.541, or 124.494, for pupils 500.1 involved in after school activities for the school year 500.2 beginning in the year the levy is certified; or 500.3 (2) two percent of the sum of the district's regular 500.4 transportation revenue and the district's nonregular 500.5 transportation revenue for that school year according to section 500.6 124.225, subdivision 7d. 500.7 (b) A district that levies under this section must provide 500.8 late transportation from school for students participating in 500.9 any academic-related activities provided by the district if 500.10 transportation is provided for students participating in 500.11 athletic activities. 500.12 (c) Notwithstanding section 121.904, 50 percent of the levy 500.13 certified for taxes payable in 1994, and for each year 500.14 thereafter the entire amount of this levy, must be recognized as 500.15 revenue for the fiscal year in which the levy is certified. 500.16 Subd. 11. [TARGETED NEEDS TRANSPORTATION LEVY.] A district 500.17 may make a levy for targeted needs transportation costs 500.18 according to this subdivision. The amount of the levy must be 500.19 the result of the following computation: 500.20 (1) For fiscal year 1997 and later, targeted needs 500.21 transportation levy equalization revenue equals 28 percent of 500.22 the sum of the district's special programs transportation 500.23 revenue under section 124.225, subdivision 14, and the 500.24 district's integration transportation revenue under section 500.25 124.225, subdivision 15. 500.26 (2) The targeted needs transportation levy equals the 500.27 result in clause (1) times the lesser of one or the ratio of (i) 500.28 the quotient derived by dividing the adjusted net tax capacity 500.29 of the district for the year before the year the levy is 500.30 certified by the actual pupil units in the district for the 500.31 school year to which the levy is attributable, to (ii) $3,540. 500.32 Sec. 20. [124D.074] [INTERDISTRICT DESEGREGATION 500.33 TRANSPORTATION GRANTS.] 500.34 (a) A district that provides transportation of pupils to 500.35 and from an interdistrict program for desegregation or 500.36 integration purposes may apply to the commissioner for a grant 501.1 to cover the additional costs of transportation. 501.2 (b) A district in the metropolitan area may apply to the 501.3 commissioner for a grant to cover the costs of transporting 501.4 pupils who are enrolled under section 120.062 if the enrollment 501.5 of the student in the nonresident district contributes to 501.6 desegregation or integration purposes. The commissioner shall 501.7 develop the form and manner of applications, the criteria to be 501.8 used to determine when transportation is for desegregation or 501.9 integration purposes, and the accounting procedure to be used to 501.10 determine excess costs. In determining the grant amount, the 501.11 commissioner shall consider other revenue received by the 501.12 district for transportation for desegregation or integration 501.13 purposes. 501.14 (c) Grants may be awarded under paragraph (b) only if 501.15 grants awarded under paragraph (a) have been fully funded. 501.16 Sec. 21. [124D.078] [ALTERNATIVE FACILITIES BONDING AND 501.17 LEVY PROGRAM.] 501.18 Subdivision 1. [TO QUALIFY.] An independent or special 501.19 school district qualifies to participate in the alternative 501.20 facilities bonding and levy program if the district has: 501.21 (1) more than 66 students per grade; 501.22 (2) over 1,850,000 square feet of space; 501.23 (3) average age of building space is 20 years or older; 501.24 (4) insufficient funds from projected health and safety 501.25 revenue and capital facilities revenue to meet the requirements 501.26 for deferred maintenance, to make accessibility improvements, or 501.27 to make fire, safety, or health repairs; and 501.28 (5) a ten-year facility plan approved by the commissioner 501.29 according to subdivision 2. 501.30 Subd. 2. [TEN-YEAR PLAN.] (a) A qualifying district must 501.31 have a ten-year facility plan approved by the commissioner that 501.32 includes an inventory of projects and costs that would be 501.33 eligible for: 501.34 (1) health and safety revenue; 501.35 (2) disabled access levy; and 501.36 (3) deferred capital expenditures and maintenance projects 502.1 necessary to prevent further erosion of facilities. 502.2 (b) The school district must: 502.3 (1) annually update the plan; 502.4 (2) biennially submit a facility maintenance plan; and 502.5 (3) indicate whether the district will issue bonds to 502.6 finance the plan or levy for the costs. 502.7 Subd. 3. [BOND AUTHORIZATION.] A school district, upon 502.8 approval of its board and the commissioner, may issue general 502.9 obligation bonds under this section to finance approved 502.10 facilities plans. Chapter 475, except sections 475.58 and 502.11 475.59, must be complied with. The district may levy under 502.12 subdivision 5 for the debt service revenue. The authority to 502.13 issue bonds under this section is in addition to any bonding 502.14 authority authorized by this chapter, or other law. The amount 502.15 of bonding authority authorized under this section must be 502.16 disregarded in calculating the bonding or net debt limits of 502.17 this chapter, or any other law other than section 475.53, 502.18 subdivision 4. 502.19 Subd. 4. [LEVY PROHIBITED FOR CAPITAL PROJECTS.] A 502.20 district that participates in the alternative facilities bonding 502.21 and levy program is not eligible to levy and cannot receive aid 502.22 under sections 124.83 and 124.84 for any capital projects funded 502.23 under this section. A district may levy and receive aid for 502.24 health and safety environmental management costs and health and 502.25 safety regulatory, hazard assessment, record keeping, and 502.26 maintenance programs as defined in section 124.494, subdivision 502.27 2, and approved by the commissioner. 502.28 Subd. 5. [LEVY AUTHORIZED.] A district, after local board 502.29 approval, may levy for costs related to an approved facility 502.30 plan as follows: 502.31 (a) if the district has indicated to the commissioner that 502.32 bonds will be issued, the district may levy for the principal 502.33 and interest payments on outstanding bonds issued according to 502.34 subdivision 3; or 502.35 (b) if the district has indicated to the commissioner that 502.36 the plan will be funded through levy, the district may levy 503.1 according to the schedule approved in the plan. 503.2 Subd. 6. [SEPARATE ACCOUNT.] A district must establish a 503.3 separate account under the uniform financial accounting and 503.4 reporting standards (UFARS) for this program. If the district's 503.5 levy exceeds the necessary interest and principal payments and 503.6 noncapital health and safety costs, the district must reserve 503.7 the revenue to replace future bonding authority, prepay bonds 503.8 authorized under this program, or make payments on principal and 503.9 interest. 503.10 Sec. 22. [124D.08] [BUILDING BONDS FOR CALAMITIES.] 503.11 Subdivision 1. [BONDS.] When a building owned by a 503.12 district is substantially damaged by an act of God or other 503.13 means beyond the control of the district, the district may issue 503.14 general obligation bonds without an election to provide money 503.15 immediately to carry out its adopted health and safety program. 503.16 Each year the district must pledge an attributable share of its 503.17 health and safety revenue to the repayment of principal and 503.18 interest on the bonds. The pledged revenue must be transferred 503.19 to the debt redemption fund of the district. The district must 503.20 submit to the department the repayment schedule for any bonds 503.21 issued under this section. The district must deposit in the 503.22 debt redemption fund all proceeds received for specific costs 503.23 for which the bonds were issued, including but not limited to: 503.24 (1) insurance proceeds; 503.25 (2) restitution proceeds; and 503.26 (3) proceeds of litigation or settlement of a lawsuit. 503.27 Before bonds are issued, the district must submit a 503.28 combined application to the commissioner for health and safety 503.29 revenue, according to section 124.83, and requesting review and 503.30 comment, according to section 121.15, subdivisions 6, 7, 8, and 503.31 9. The commissioner shall complete all procedures concerning 503.32 the combined application within 20 days of receiving the 503.33 application. The publication provisions of section 121.15, 503.34 subdivision 9, do not apply to bonds issued under this section. 503.35 Subd. 2. [HEALTH AND SAFETY REVENUE.] For any fiscal year 503.36 where the total amount of health and safety revenue is limited, 504.1 the commissioner must award highest priority to health and 504.2 safety revenue pledged to repay building bonds issued under 504.3 subdivision 1. 504.4 Sec. 23. [124D.084] [CAPITAL EXPENDITURE PRORATION.] 504.5 Subdivision 1. [INSUFFICIENT FUNDS.] If the total 504.6 appropriation for capital expenditure equipment aid or capital 504.7 expenditure facilities aid for any fiscal year, plus any amount 504.8 transferred under section 124.14, subdivision 7, is insufficient 504.9 to pay all districts the full amount of aid earned, the 504.10 department must reduce each district's capital expenditure 504.11 facilities and equipment revenue according to the calculations 504.12 in subdivisions 2 to 4. 504.13 Subd. 2. [ALLOWANCE REDUCTION.] If there are insufficient 504.14 capital expenditure equipment and facility aid funds, the 504.15 department must recompute the capital expenditure equipment and 504.16 facility revenue by reducing the formula allowances to the 504.17 levels that eliminate the deficiencies. The levy amounts must 504.18 not be recomputed. 504.19 Subd. 3. [AID REDUCTION.] A district's proration aid 504.20 reduction is equal to the lesser of zero, or the difference of 504.21 the existing aid calculation minus the aid amount computed under 504.22 subdivision 2. 504.23 Subd. 4. [LEVY REDUCTION.] If a district's proration aid 504.24 reduction is less than its revenue reduction, its capital 504.25 expenditure levy authority for the following year must be 504.26 reduced by the amount of the difference between its revenue 504.27 reduction and its aid reduction. 504.28 Sec. 24. [124D.088] [PURCHASE OF CERTAIN EQUIPMENT.] 504.29 The board of a district may issue certificates of 504.30 indebtedness or capital notes subject to the district debt 504.31 limits to purchase vehicles, computers, telephone systems, cable 504.32 equipment, photocopy and office equipment, technological 504.33 equipment for instruction, and other capital equipment having an 504.34 expected useful life at least as long as the terms of the 504.35 certificates or notes. The certificates or notes must be 504.36 payable in not more than five years and must be issued on the 505.1 terms and in the manner determined by the board. The 505.2 certificates or notes may be issued by resolution and without 505.3 the requirement for an election. The certificates or notes are 505.4 general obligation bonds for purposes of section 124.755. A tax 505.5 levy must be made for the payment of the principal and interest 505.6 on the certificates or notes, in accordance with section 475.61, 505.7 as in the case of bonds. The sum of the tax levies under this 505.8 section and section 124.2455 for each year must not exceed the 505.9 amount of the district's total operating capital revenue for the 505.10 year the initial debt service levies are certified. The 505.11 district's general education levy for each year must be reduced 505.12 by the amount of the tax levies for debt service certified for 505.13 each year for payment of the principal and interest on the 505.14 certificates or notes as required by section 475.61. 505.15 Sec. 25. [124D.09] [ADJUSTMENTS TO CAPITAL EXPENDITURE 505.16 AIDS.] 505.17 The capital expenditure facilities aid under section 505.18 124.243 and the capital expenditure equipment aid under section 505.19 124.244 for districts must be adjusted for each pupil attending 505.20 a nonresident district under sections 120.062, 120.075, 505.21 120.0751, 120.0752, 124C.45 to 124C.48, and 126.22. The 505.22 adjustments must be made according to this subdivision. 505.23 (a) Aid paid to a district of the pupil's residence must be 505.24 reduced by an amount equal to the revenue amount per actual 505.25 pupil unit of the resident district times the number of pupil 505.26 units of pupils enrolled in nonresident districts. 505.27 (b) Aid paid to a district serving nonresidents must be 505.28 increased by an amount equal to the revenue amount per actual 505.29 pupil unit of the nonresident district times the number of pupil 505.30 units of nonresident pupils enrolled in the district. 505.31 (c) If the amount of the reduction to be made from the aid 505.32 of a district is greater than the amount of aid otherwise due 505.33 the district, the excess reduction must be made from other state 505.34 aids due the district. 505.35 Sec. 26. [124D.094] [BONDS FOR CERTAIN CAPITAL 505.36 FACILITIES.] 506.1 (a) In addition to other bonding authority, with approval 506.2 of the commissioner, a district may issue general obligation 506.3 bonds for certain capital projects under this section. The 506.4 bonds must be used only to make capital improvements including: 506.5 (1) under section 124A.22, subdivision 11, total operating 506.6 capital revenue uses specified in clauses (4), (6), (7), (8), 506.7 (9), and (10); 506.8 (2) the cost of energy modifications; 506.9 (3) improving handicap accessibility to school buildings; 506.10 and 506.11 (4) bringing school buildings into compliance with life and 506.12 safety codes and fire codes. 506.13 (b) Before a district issues bonds under this subdivision, 506.14 it must publish notice of the intended projects, the amount of 506.15 the bond issue, and the total amount of district indebtedness. 506.16 (c) A bond issue tentatively authorized by the board under 506.17 this subdivision becomes finally authorized unless a petition 506.18 signed by more than 15 percent of the registered voters of the 506.19 district is filed with the school board within 30 days of the 506.20 board's adoption of a resolution stating the board's intention 506.21 to issue bonds. The percentage is to be determined with 506.22 reference to the number of registered voters in the district on 506.23 the last day before the petition is filed with the board. The 506.24 petition must call for a referendum on the question of whether 506.25 to issue the bonds for the projects under this section. The 506.26 approval of 50 percent plus one of those voting on the question 506.27 is required to pass a referendum authorized by this section. 506.28 (d) The bonds must be paid off within ten years of 506.29 issuance. The bonds must be issued in compliance with chapter 506.30 475, except as otherwise provided in this section. A tax levy 506.31 must be made for the payment of principal and interest on the 506.32 bonds in accordance with section 475.61. The sum of the tax 506.33 levies under this section and section 124.2455 for each year 506.34 must not exceed the amount of the district's total operating 506.35 capital revenue for the year the initial debt service levies are 506.36 certified. The district's general education levy for each year 507.1 must be reduced by the amount of the tax levies for debt service 507.2 certified for each year for payment of the principal and 507.3 interest on the bonds. 507.4 (e) Notwithstanding paragraph (d), bonds issued by a 507.5 district within the first five years following voter approval of 507.6 a combination according to section 122.243, subdivision 2, must 507.7 be paid off within 20 years of issuance. All the other 507.8 provisions and limitation of paragraph (d) apply. 507.9 Sec. 27. [124D.098] [COOPERATION AND COMBINATION REVENUE.] 507.10 Subdivision 1. [ELIGIBILITY.] A district is eligible for 507.11 cooperation and combination revenue if it has a plan approved by 507.12 the commissioner according to section 122.243 and it levied 507.13 under subdivision 3 for taxes payable in 1995. 507.14 Subd. 2. [COOPERATION AND COMBINATION REVENUE.] 507.15 Cooperation and combination revenue equals $100 times the pupil 507.16 units served in the district. For purposes of this section, 507.17 pupil units served means the number of resident and nonresident 507.18 pupil units in average daily membership receiving instruction in 507.19 the cooperating or combined district. A district may not 507.20 receive revenue under this section if it levies under section 507.21 124.912, subdivision 4. 507.22 Subd. 3. [COOPERATION AND COMBINATION LEVY.] To obtain 507.23 cooperation and combination revenue, a district may levy an 507.24 amount equal to the cooperation and combination revenue 507.25 multiplied by the lesser of one or the following ratio: 507.26 (1) the quotient derived by dividing the adjusted net tax 507.27 capacity for the district in the year preceding the year the 507.28 levy is certified by the actual pupil units in the district for 507.29 the year to which the levy is attributable, to 507.30 (2) the amount specified in subdivision 4 for the school 507.31 year to which the levy is attributable. 507.32 Subd. 4. [INCREASING LEVY.] (a) For districts that did not 507.33 enter into an agreement under section 122.541 at least three 507.34 years before the date of a successful referendum held under 507.35 section 122.243, subdivision 2, and that combine without 507.36 cooperating, the amount in subdivision 3, clause (2), must be: 508.1 (1) $4,707.50 for the first year of combination; and 508.2 (2) $2,353.75 for the second year of combination. 508.3 (b) For districts that entered into an agreement under 508.4 section 122.541 at least three years before the date of a 508.5 successful referendum held under section 122.243, subdivision 2, 508.6 and combine without cooperating, the percentages in subdivision 508.7 3, clause (2), must be: 508.8 (1) $9,415 for the first year of combination; 508.9 (2) $7,061.25 for the second year of combination; 508.10 (3) $4,707.50 for the third year of combination; and 508.11 (4) $2,353.75 for the fourth year of combination. 508.12 (c) For districts that combine after one year of 508.13 cooperation, the percentage in subdivision 3, clause (2), must 508.14 be: 508.15 (1) $9,415 for the first year of cooperation; 508.16 (2) $7,061.25 for the first year of combination; 508.17 (3) $4,707.50 for the second year of combination; and 508.18 (4) $2,353.75 for the third year of combination. 508.19 (d) For districts that combine after two years of 508.20 cooperation, the percentage in subdivision 3, clause (2), must 508.21 be: 508.22 (1) $9,415 for the first year of cooperation; 508.23 (2) $7,061.25 for the second year of cooperation; 508.24 (3) $4,707.50 for the first year of combination; and 508.25 (4) $2,353.75 for the second year of combination. 508.26 Subd. 5. [COOPERATION AND COMBINATION AID.] (a) Districts 508.27 that did not enter into an agreement under section 122.541 at 508.28 least three years before the date of a successful referendum 508.29 held under section 122.243, subdivision 2, and combine without 508.30 cooperating must receive cooperation and combination aid for the 508.31 first two years of combination. Cooperation and combination aid 508.32 must not be paid after two years of combining. 508.33 (b) Districts that entered into an agreement under section 508.34 122.541 at least three years before the date of a successful 508.35 referendum held under section 122.243, subdivision 2, and 508.36 combine without cooperating must receive cooperation and 509.1 combination aid for the first four years of combination. Aid 509.2 must not be paid after four years of combination. 509.3 (c) Districts that combine after one year of cooperation 509.4 must receive cooperation and combination aid for the first year 509.5 of cooperation and three years of combination. Aid must not be 509.6 paid after three years of combining. 509.7 (d) Districts that combine after two years of cooperation 509.8 must receive cooperation and combination aid for the first two 509.9 years of cooperation and the first two years of combination. 509.10 Aid must not be paid after two years of combining. 509.11 (e) In each case, cooperation and combination aid is equal 509.12 to the difference between the cooperation and combination 509.13 revenue and the cooperation and combination levy. 509.14 Subd. 6. [ADDITIONAL AID.] In addition to the aid in 509.15 subdivision 5, districts must receive aid according to the 509.16 following: 509.17 (1) for districts that did not enter into an agreement 509.18 under section 122.541 at least three years before the date of a 509.19 successful referendum held under section 122.243, subdivision 2, 509.20 and combine without cooperating, $100 times the pupil units 509.21 served in the district in the first year of combination; or 509.22 (2) for districts that combine after one or two years of 509.23 cooperation, $100 times the actual pupil units served in each 509.24 district for the first year of cooperation and $100 times the 509.25 actual pupil units served in the combined district for the first 509.26 year of combination; or 509.27 (3) for districts that entered into an agreement under 509.28 section 122.541 at least three years before the date of a 509.29 successful referendum held under section 122.243, subdivision 2, 509.30 and combine without cooperating, $100 times the pupil units 509.31 served in the combined district for the first two years of 509.32 combination. 509.33 Subd. 7. [PROPORTIONAL AID.] If a district does not levy 509.34 the entire amount permitted under subdivision 3, the aid in 509.35 subdivisions 5 and 6 must be reduced in proportion to the actual 509.36 amount levied. 510.1 Subd. 8. [SUBSEQUENT DISTRICTS.] If a district 510.2 subsequently cooperates or combines with districts that have 510.3 previously received revenue under this section, the new district 510.4 must receive revenue, according to subdivision 4 or 6, as 510.5 follows: 510.6 (1) if the districts previously received revenue under 510.7 subdivisions 4, paragraph (a), 5, paragraph (a), and 6, clause 510.8 (1), the new district will receive two years of revenue under 510.9 those provisions; 510.10 (2) if the districts previously received revenue under 510.11 subdivisions 4, paragraph (b), (c), or (d), 5, paragraph (b), 510.12 (c), or (d), and 6, clause (2) or (3), the new district must 510.13 receive four years of revenue under the applicable provisions of 510.14 subdivisions 5, 6, and this subdivision. The previously 510.15 cooperating or combined districts may not receive revenue, 510.16 according to subdivision 6 or 10, as though parties to a new 510.17 agreement. 510.18 As of the effective date of a cooperation and combination 510.19 agreement between districts that have previously received 510.20 revenue under this section and a new district, the new group of 510.21 districts may not receive revenue in excess of the limit 510.22 specified in subdivision 10. 510.23 Subd. 9. [REVENUE LIMIT.] Revenue under this section must 510.24 not exceed the revenue received by cooperating districts or a 510.25 combined district with 2,000 pupil units served. Revenue for 510.26 cooperating districts subject to the limitation in this 510.27 subdivision must be allocated according to the number of pupil 510.28 units served in the districts. 510.29 Subd. 10. [USE OF REVENUE.] Revenue under this section 510.30 must be used for expenses of cooperating and combining school 510.31 districts, including, but not limited to: 510.32 (1) secondary course offerings in communications, 510.33 mathematics, science, social studies, foreign languages, 510.34 physical education, health, and career education if the courses 510.35 have specific learner outcomes; 510.36 (2) participation by teachers in determining the learner 511.1 outcomes; 511.2 (3) staff in-service related to cooperation and 511.3 combination; 511.4 (4) any of the purposes set forth in sections 124.243, 511.5 subdivision 6, clauses (3), (4), and (15), and 124.244, 511.6 subdivision 4, clauses (2), (3), (4), (5), and (6), if the 511.7 purposes are related to courses offered cooperatively; and 511.8 (5) incentives for superintendents, principals, teachers, 511.9 and other licensed and nonlicensed employees, such as early 511.10 retirement, severance pay, and health insurance benefits. 511.11 Subd. 11. [JOINT PURPOSES.] Cooperating district revenue 511.12 may only be used for purposes of joint efforts between 511.13 cooperating districts. The revenue must be in a separate 511.14 account. Boards must mutually determine cooperative 511.15 expenditures. 511.16 Subd. 12. [FAILURE TO COMBINE.] A district has failed to 511.17 combine if the commissioner disapproves of the plan according to 511.18 section 122.243, subdivision 1, or if a third referendum fails 511.19 under section 122.243, subdivision 2, or if the commissioner 511.20 determines that the districts involved are not making sufficient 511.21 progress toward combination. 511.22 (a) If a district has failed to combine, cooperation and 511.23 combination aid under subdivisions 5 and 6 must not be paid and 511.24 the authority to levy under subdivision 4 ceases. The 511.25 commissioner shall reduce other aids due the district to recover 511.26 an amount equal to the aid paid under subdivision 6 plus the 511.27 difference between the aid paid under subdivision 5 and the aid 511.28 that would have been paid if the revenue had been $50 times the 511.29 pupil units served. 511.30 (b) If a district has failed to combine, the authority to 511.31 levy for reorganization operating debt under section 122.531, 511.32 subdivision 4a, and for severance pay or early retirement 511.33 incentives under subdivision 15 ceases. 511.34 Subd. 13. [CESSATION OF REVENUE.] At any time the 511.35 districts cease cooperating, aid must not be paid and the 511.36 authority to levy ceases. If a district ceases to cooperate for 512.1 all or a portion of a fiscal year for which a levy has been 512.2 certified under subdivision 3, the department must adjust the 512.3 next levy certified by the district by an amount in proportion 512.4 to the part of the fiscal year that the district did not 512.5 cooperate. 512.6 Subd. 14. [RETIREMENT AND SEVERANCE LEVY.] A cooperating 512.7 or combined district that levied under subdivision 3 for taxes 512.8 payable in 1995 may levy for severance pay or early retirement 512.9 incentives for licensed and nonlicensed employees who retire 512.10 early as a result of the cooperation or combination. 512.11 Subd. 15. [EXCLUSION FROM FUND BALANCE.] Revenue received 512.12 by a district under this section for each year of cooperation 512.13 and the first three years of combination must be excluded from 512.14 the net unreserved operating fund balance, for the purposes of 512.15 sections 124A.03, subdivision 3b, paragraph (c), and 124A.26. 512.16 Sec. 28. [124D.10] [CONSOLIDATION TRANSITION REVENUE.] 512.17 Subdivision 1. [ELIGIBILITY AND USE.] A district that has 512.18 been reorganized after June 30, 1994, under section 122.23 is 512.19 eligible for consolidation transition revenue. Revenue is equal 512.20 to the sum of aid under subdivision 2 and levy under subdivision 512.21 3. Consolidation transition revenue may only be used according 512.22 to this section. Revenue must be used for the following 512.23 purposes and may be distributed among these purposes at the 512.24 discretion of the district: 512.25 (1) to offer early retirement incentives as provided by 512.26 section 122.23, subdivision 20; 512.27 (2) to reduce operating debt as defined in section 121.915; 512.28 (3) to enhance learning opportunities for students in the 512.29 reorganized district; and 512.30 (4) for other costs incurred in the reorganization. 512.31 Revenue received and utilized under clause (3) or (4) may 512.32 be expended for operating, facilities, and/or equipment. 512.33 Revenue received under this section must not be included in the 512.34 determination of the reduction under section 124A.26, 512.35 subdivision 1. 512.36 Subd. 2. [AID.] (a) Consolidation transition aid is equal 513.1 to $200 times the number of actual pupil units in the newly 513.2 created district in the year of consolidation and $100 times the 513.3 number of actual pupil units in the first year following the 513.4 year of consolidation. The number of pupil units used to 513.5 calculate aid in either year shall not exceed 1,000 for 513.6 districts consolidating July 1, 1994, and 1,500 for districts 513.7 consolidating July 1, 1995, and thereafter. 513.8 (b) If the total appropriation for consolidation transition 513.9 aid for any fiscal year, plus any amount transferred under 513.10 section 124.14, subdivision 7, is insufficient to pay all 513.11 districts the full amount of aid earned, the department must 513.12 first pay the districts in the first year following the year of 513.13 consolidation the full amount of aid earned and distribute any 513.14 remaining funds to the newly created districts in the first year 513.15 of consolidation. 513.16 Subd. 3. [LEVY.] If the aid available in subdivision 2 is 513.17 insufficient to cover the costs of the district under section 513.18 122.23, subdivision 20, the district may levy the difference 513.19 over a period of time not to exceed three years. 513.20 Subd. 4. [NEW DISTRICTS.] If a district consolidates with 513.21 another district that has received aid under section 124.2725 or 513.22 124.2726 within six years of the effective date of the new 513.23 consolidation, only the pupil units in the district or districts 513.24 not previously reorganized must be counted for aid purposes 513.25 under subdivision 2. If two or more districts consolidate and 513.26 all districts received aid under subdivision 2 within six years 513.27 of the effective date of the new consolidation, only one quarter 513.28 of the pupil units in the newly created district must be used to 513.29 determine aid under subdivision 2. 513.30 Sec. 29. [124D.104] [SCHOOL DISTRICT COOPERATION REVENUE.] 513.31 Subdivision 1. [DISTRICT COOPERATION REVENUE.] A 513.32 district's cooperation revenue is equal to the greater of $67 513.33 times the actual pupil units or $25,000. 513.34 Subd. 2. [DISTRICT COOPERATION LEVY.] To receive district 513.35 cooperation revenue, a district may levy an amount equal to the 513.36 district's cooperation revenue multiplied by the lesser of one, 514.1 or the ratio of the quotient derived by dividing the adjusted 514.2 net tax capacity of the district for the year preceding the year 514.3 the levy is certified by the actual pupil units in the district 514.4 for the school year to which the levy is attributable to $3,500. 514.5 Subd. 3. [DISTRICT COOPERATION AID.] A district's 514.6 cooperation aid is the difference between its district 514.7 cooperation revenue and its district cooperation levy. If a 514.8 district does not levy the entire amount permitted, aid must be 514.9 reduced in proportion to the actual amount levied. 514.10 Subd. 4. [REVENUE USES.] (a) A district must place its 514.11 district cooperation revenue in a reserved account and may only 514.12 use the revenue to purchase goods and services from entities 514.13 formed for cooperative purposes or to otherwise provide 514.14 educational services in a cooperative manner. 514.15 (b) A district that was a member of an intermediate school 514.16 district organized pursuant to chapter 136D on July 1, 1994, 514.17 must place its district cooperation revenue in a reserved 514.18 account and must allocate a portion of the reserved revenue for 514.19 instructional services from entities formed for cooperative 514.20 services for special education programs and secondary vocational 514.21 programs. The allocated amount is equal to the levy made 514.22 according to section 124.2727, subdivision 6, for taxes payable 514.23 in 1994 divided by the actual pupil units in the intermediate 514.24 school district for fiscal year 1995 times the number of actual 514.25 pupil units in the school district in 1995. The district must 514.26 use 5/11 of the revenue for special education and 6/11 of the 514.27 revenue for secondary vocational education. The district must 514.28 demonstrate that the revenue is being used to provide the full 514.29 range of special education and secondary vocational programs and 514.30 services available to each child served by the intermediate. 514.31 The secondary vocational programs and service must meet the 514.32 requirements established in an articulation agreement developed 514.33 between the state board of education and the board of trustees 514.34 of the Minnesota state colleges and universities. 514.35 (c) A district that was not a member of an intermediate 514.36 district organized under chapter 136D on July 1, 1994, must 515.1 spend at least $9 per pupil unit of its district cooperation 515.2 revenue on secondary vocational programs. 515.3 Subd. 5. [PRORATION.] (a) If the total appropriation 515.4 available for district cooperation aid for any fiscal year, plus 515.5 any amount transferred under section 124.14, subdivision 7, is 515.6 insufficient to pay all districts the full amount of aid earned, 515.7 the department must reduce each district's district cooperation 515.8 revenue according to the calculations in paragraphs (b) to (d). 515.9 (b) If there is insufficient district cooperation aid 515.10 available, the department must recompute the district 515.11 cooperation revenue by proportionally reducing the formula 515.12 allowance and the revenue minimum to the levels that result in 515.13 an aid entitlement, adjusted by the percentage in section 515.14 124.195, subdivision 10, equal to the amount available. The 515.15 levy amounts must not be recomputed. 515.16 (c) A district's proration aid reduction is equal to the 515.17 lesser of zero, or the difference of the existing aid 515.18 calculation minus the aid amount computed for the district under 515.19 paragraph (b). 515.20 (d) If a district's proration aid reduction is less than 515.21 its revenue reduction, its district cooperation levy authority 515.22 for the following year must be reduced by the amount of the 515.23 difference between its revenue reduction and its aid reduction. 515.24 Sec. 30. [124D.108] [SPECIAL CONSOLIDATION AID.] 515.25 Subdivision 1. [ELIGIBILITY.] A district that reorganizes 515.26 under section 122.23 or sections 122.241 to 122.248 effective on 515.27 July 1, 1994, is eligible for special consolidation aid under 515.28 this section. A district may receive aid under this section for 515.29 only three years. 515.30 Subd. 2. [AID CALCULATION.] Special consolidation aid for 515.31 a reorganized district is calculated by computing the sum of: 515.32 (1) the difference between the total amount of early 515.33 childhood family education revenue under section 124.2711 515.34 available to the districts involved in the reorganization in the 515.35 fiscal year prior to the effective date of reorganization and 515.36 the maximum amount of early childhood family education revenue 516.1 available to the reorganized district in the current year; and 516.2 (2) the difference between the total amount of community 516.3 education revenue under section 124.2713 available to the 516.4 districts involved in the reorganization in the fiscal year 516.5 prior to the reorganization and the maximum amount of community 516.6 education revenue available to the reorganized district in the 516.7 current year. 516.8 Subd. 3. [AID AMOUNT.] In the fiscal year that the 516.9 reorganization is effective, special combination aid is equal to 516.10 the aid calculated under subdivision 2 times 100 percent. In 516.11 the fiscal year following the effective date of reorganization, 516.12 special combination aid is equal to the aid calculated under 516.13 subdivision 2 times 67 percent. In the second fiscal year 516.14 following the effective date of reorganization, special 516.15 combination aid is equal to the aid calculated under subdivision 516.16 2 times 33 percent. 516.17 Sec. 31. [124D.11] [CAPITAL FACILITIES GRANTS FOR 516.18 COOPERATION AND COMBINATION.] 516.19 Subdivision 1. [ELIGIBILITY.] Two or more districts that 516.20 have consolidated under section 122.23 or combined under 516.21 sections 122.241 to 122.248, are eligible for a capital 516.22 facilities grant of up to $200,000 for fiscal year 1995 and 516.23 $100,000 thereafter under this section. To qualify the 516.24 following criteria must be met: 516.25 (1) the proposed facility changes are part of the plan 516.26 according to section 122.242, subdivision 10, or the plan 516.27 adopted by the reorganized district according to section 516.28 124.243, subdivision 1; 516.29 (2) the changes proposed to a facility must be needed to 516.30 accommodate changes in the educational program due to the 516.31 reorganization; 516.32 (3) the utilization of the facility for educational 516.33 programs is at least 85 percent of capacity; and 516.34 (4) the grant will be used only to remodel or improve 516.35 existing facilities. 516.36 Subd. 2. [PROCEDURES.] The state board shall establish 517.1 procedures and deadlines for the grant application. The state 517.2 board must review each application and may require modifications 517.3 consistent with sections 122.241 to 122.248. 517.4 Subd. 3. [USE OF GRANT MONEY.] The grant money may be used 517.5 for any capital expenditures specified in section 124.243, 517.6 subdivision 6, clauses (4), (6), (7), (8), (9), and (10). 517.7 Sec. 32. [124D.114] [LOANS TO DISTRESSED DISTRICTS.] 517.8 Financial aid to distressed districts is governed by the 517.9 provisions of the maximum effort school aid law. 517.10 Sec. 33. [124D.118] [CITATION; MAXIMUM EFFORT SCHOOL AID 517.11 LAW.] 517.12 Sections 124.36 to 124.46 may be cited as the "maximum 517.13 effort school aid law." 517.14 Sec. 34. [124D.12] [POLICY AND PURPOSE.] 517.15 The rates of increase in school population in Minnesota and 517.16 population shifts and economic changes in recent years, and 517.17 anticipated in future years, have required and will require 517.18 large expenditures for performing the duty of the state and its 517.19 subdivisions to provide a general and uniform system of public 517.20 schools. The state policy has been to require these school 517.21 costs to be borne primarily by the local subdivisions. In most 517.22 instances the local subdivisions have been, and will be, able to 517.23 provide the required funds by local taxation as supplemented by 517.24 the aids usually given to all districts from state income tax 517.25 and other state aids. There are, however, exceptional cases due 517.26 to local conditions not found in most other districts where, 517.27 either temporarily or over a considerable period of years, the 517.28 costs will exceed the maximum which the local taxpayers can be 517.29 reasonably expected to bear. In some districts having bonds of 517.30 several issues outstanding, debt service tax levy requirements 517.31 are excessive for some years because of heavy bond principal 517.32 payments accumulating in some of the years due to overlapping or 517.33 short term issues. The policy and purpose of sections 124.36 to 517.34 124.46 is to utilize the credit of the state, to a limited 517.35 degree, to relieve those school districts, but only those, where 517.36 the maximum effort by the district is inadequate to provide the 518.1 necessary money. It is also the purpose of sections 124.36 to 518.2 124.46 to promote efficient use of school buildings. To that 518.3 end, a district that receives a maximum effort loan is 518.4 encouraged to design and use its facility to integrate social 518.5 services and library services. 518.6 Sec. 35. [124D.124] [DEFINITIONS.] 518.7 Subdivision 1. [DEFINITIONS.] As used in sections 124.38 518.8 to 124.46, the terms defined in this section shall have the 518.9 following meanings: 518.10 Subd. 2. [DISTRICT.] "District" means any school district 518.11 defined in the education code. 518.12 Subd. 3. [INDEBTEDNESS; DEBT.] "Indebtedness" or "debt" 518.13 means the net debt of any district computed according to section 518.14 475.51, subdivision 4, excluding loans made under sections 518.15 124.36 to 124.46. 518.16 Subd. 4. [DEBT SERVICE FUND.] "Debt service fund" means 518.17 the aggregate of all funds maintained by a district which are 518.18 appropriated to payment of principal of and interest on its 518.19 debts as required by chapter 475. 518.20 Subd. 5. [LEVY.] "Levy" means a district's net debt 518.21 service levy after the reduction of debt service equalization 518.22 aid under section 124.95, subdivision 5. For taxes payable in 518.23 1994 and later, each district's maximum effort debt service levy 518.24 for purposes of subdivision 7, must be reduced by an equal 518.25 number of percentage points if the commissioner determines that 518.26 the levy reduction will not result in a statewide property tax 518.27 as would be required under Minnesota Statutes 1992, section 518.28 124.46, subdivision 3. A district's levy that is adjusted under 518.29 this section must not be reduced below 18.74 percent of the 518.30 district's adjusted net tax capacity. 518.31 Subd. 6. [DEBT SERVICE LEVY.] "Debt service levy" means 518.32 the levy for all debt service fund purposes in accordance with 518.33 chapter 475. 518.34 Subd. 7. [REQUIRED DEBT SERVICE LEVY.] "Required debt 518.35 service levy" means the total dollar amount needed to be 518.36 included in the taxes levied by the district in any year for 519.1 payment of interest and principal falling due on its debts prior 519.2 to collection of the next ensuing year's debt service levy. 519.3 Subd. 8. [MAXIMUM EFFORT DEBT SERVICE LEVY.] "Maximum 519.4 effort debt service levy" means the lesser of: 519.5 (1) a levy in whichever of the following amounts is 519.6 applicable: 519.7 (a) in any district receiving a debt service loan for a 519.8 debt service levy payable in 1991 and thereafter, or granted a 519.9 capital loan after January 1, 1990, a levy in a total dollar 519.10 amount computed at a rate of 20 percent of adjusted net tax 519.11 capacity for taxes payable in 1991 and thereafter; 519.12 (b) in any district granted a debt service loan after July 519.13 31, 1981, or granted a capital loan which is approved after July 519.14 31, 1981, a levy in a total dollar amount computed as a tax rate 519.15 of 13.08 percent on the adjusted gross tax capacity for taxes 519.16 payable in 1990 or a tax rate of 18.42 percent on the adjusted 519.17 net tax capacity for taxes payable in 1991 and thereafter; 519.18 (c) in any district granted a debt service loan before 519.19 August 1, 1981, or granted a capital loan which was approved 519.20 before August 1, 1981, a levy in a total dollar amount computed 519.21 as a tax rate of 12.26 percent on the adjusted gross tax 519.22 capacity for taxes payable in 1990 or a tax rate of 17.17 519.23 percent on the adjusted net tax capacity for taxes payable in 519.24 1991 and thereafter, until and unless the district receives an 519.25 additional loan; or 519.26 (2) a levy in whichever of the following amounts is 519.27 applicable: 519.28 (a) in any district which received a debt service or 519.29 capital loan from the state before January 1, 1965, a levy in a 519.30 total dollar amount computed as 4.10 mills on the market value 519.31 in each year, unless the district applies or has applied for an 519.32 additional loan subsequent to January 1, 1965, or issues or has 519.33 issued bonds on the public market, other than bonds refunding 519.34 state loans, subsequent to January 1, 1967; 519.35 (b) in any district granted a debt service or capital loan 519.36 between January 1, 1965, and July 1, 1969, a levy in a total 520.1 dollar amount computed as 5-1/2 mills on the market value in 520.2 each year, until and unless the district receives an additional 520.3 loan; 520.4 (c) in any district granted a debt service or capital loan 520.5 between July 1, 1969, and July 1, 1975, a levy in a total dollar 520.6 amount computed as 6.3 mills on market value in each year until 520.7 and unless the district has received an additional loan; 520.8 (d) in any district for which a capital loan was approved 520.9 prior to August 1, 1981, a levy in a total dollar amount equal 520.10 to the sum of the amount of the required debt service levy and 520.11 an amount which when levied annually will in the opinion of the 520.12 commissioner be sufficient to retire the remaining interest and 520.13 principal on any outstanding loans from the state within 30 520.14 years of the original date when the capital loan was granted. 520.15 The board in any district affected by the provisions of clause 520.16 (2)(d) may elect instead to determine the amount of its levy 520.17 according to the provisions of clause (1). If a district's 520.18 capital loan is not paid within 30 years because it elects to 520.19 determine the amount of its levy according to the provisions of 520.20 clause (2)(d), the liability of the district for the amount of 520.21 the difference between the amount it levied under clause (2)(d) 520.22 and the amount it would have levied under clause (1), and for 520.23 interest on the amount of that difference, must not be satisfied 520.24 and discharged pursuant to Minnesota Statutes 1988, or an 520.25 earlier edition of Minnesota Statutes if applicable, section 520.26 124.43, subdivision 4. 520.27 Subd. 9. [ADJUSTED NET TAX CAPACITY.] "Adjusted net tax 520.28 capacity" means, as of any date, the net tax capacity of all 520.29 taxable property most recently determined by the commissioner of 520.30 revenue in accordance with the provisions of section 124.2131. 520.31 Subd. 10. [MARKET VALUE.] "Market value" means the value 520.32 of all taxable property in the district on which its net debt 520.33 limit is based as provided in section 475.53, subdivision 4. 520.34 Subd. 11. [FUND.] "Fund" means the "maximum effort school 520.35 loan fund." 520.36 Subd. 12. [SCHOOL LOAN BONDS.] "School loan bonds" means 521.1 bonds issued by the state under section 124.46 to support the 521.2 fund and to refund bonds or certificates of indebtedness 521.3 previously issued for that purpose. 521.4 Subd. 13. [NET PROCEEDS.] "Net proceeds" of bonds means 521.5 the amounts received upon their sale less expenses incident to 521.6 their issuance, sale, and delivery and the amount required to 521.7 pay and redeem any bonds or certificates of indebtedness 521.8 refunded thereby. 521.9 Subd. 14. [YEAR.] "Year" means the school year ending on 521.10 and including June 30 in each calendar year. 521.11 Sec. 36. [124D.128] [NET DEBT; DETERMINATION.] 521.12 In computing "net debt" and in determining whether any 521.13 district is eligible for a state loan, state loans to any such 521.14 district shall not be considered, notwithstanding the provisions 521.15 of any other general or special law. 521.16 Sec. 37. [124D.13] [FUND ESTABLISHED; DIVISION INTO 521.17 ACCOUNTS.] 521.18 Subdivision 1. [MAXIMUM EFFORT SCHOOL LOAN FUND.] A 521.19 "maximum effort school loan fund" for administration of moneys 521.20 to be received and disbursed as authorized and required by 521.21 sections 124.36 to 124.46, must be maintained in the state 521.22 treasury. The fund must be divided into three accounts for the 521.23 purposes specified in subdivisions 2, 3, 4, and 5. 521.24 Subd. 2. [DEBT SERVICE LOAN ACCOUNT.] A debt service loan 521.25 account must be maintained out of which loans under section 521.26 124.42 must be made. All money appropriated to the fund by 521.27 section 124.40 must be paid into this account initially. 521.28 Subd. 3. [CAPITAL LOAN ACCOUNT.] A capital loan account 521.29 must be maintained out of which loans under section 124.431 must 521.30 be made. On November 1, all moneys in the debt service loan 521.31 account in excess of those required for debt service loans then 521.32 agreed to be made must be transferred to the capital loan 521.33 account. On July 1, all moneys in the capital loan account in 521.34 excess of those required for capital loans theretofore agreed to 521.35 be made must be transferred to the debt service loan account. 521.36 Subd. 4. [LOAN REPAYMENT ACCOUNT.] A loan repayment 522.1 account must be maintained. All principal and interest paid by 522.2 districts on debt service loans and capital loans made under 522.3 section 124.42 or 124.431 must be paid into the account. The 522.4 state's cost of administering the maximum effort school aid law 522.5 must be paid out of this account, to an amount not exceeding 522.6 $10,000 in any year. As soon as possible in each year after the 522.7 committee has determined the ratio existing between the correct 522.8 market value of all taxable property in each district in the 522.9 state and the "market value in money" of such property as 522.10 recorded in accordance with section 270.13, the commissioner of 522.11 revenue shall prepare a list of all such ratios. The clerical 522.12 costs preparing the list must be paid as a cost of 522.13 administration of the maximum effort school aid law. The 522.14 documents division of the department of administration may 522.15 publish and sell copies of the list. The sums required to pay 522.16 the principal of and interest on all school loan bonds as 522.17 provided in section 124.46 must be transferred out of the loan 522.18 repayment account into the state bond fund. 522.19 Subd. 5. [EXCESS MONEY IN LOAN REPAYMENT ACCOUNT.] The 522.20 commissioner shall transfer from the loan repayment account into 522.21 the debt service loan account all money deposited to the credit 522.22 of the loan repayment account that is not required for the 522.23 payment of principal and interest and costs as prescribed in 522.24 subdivision 4 but is needed for debt service loans in the fiscal 522.25 year beginning July 1, and those moneys are annually 522.26 appropriated to that account for the purposes prescribed by the 522.27 maximum effort school aid law. Money deposited to the credit of 522.28 the loan repayment account and not required for the transfers or 522.29 for the payment of principal and interest due on school loan 522.30 bonds may be invested and reinvested in securities which are 522.31 general obligations of the United States or the state of 522.32 Minnesota. When all school loan bonds have been fully paid with 522.33 interest accrued thereon, the balance remaining in the account 522.34 must be transferred to the state bond fund. 522.35 Sec. 38. [124D.134] [APPROPRIATION.] 522.36 Subdivision 1. [APPROPRIATION.] In addition to all sums 523.1 which have been or may hereafter be appropriated thereto by any 523.2 law, the net proceeds of sale of any state school loan bonds 523.3 authorized to be issued under section 124.46, and all income 523.4 received from the investment of said net proceeds is hereby 523.5 appropriated to the school loan bond account in the state bond 523.6 fund. 523.7 Subd. 2. [REMAINING MONEY.] Any amounts remaining in the 523.8 fund on July 1, including any unused portion of the 523.9 appropriation made in subdivision 1, must be available for use 523.10 by the commissioner in making further debt service loans and 523.11 capital loans. 523.12 Subd. 3. [PRINCIPAL INTEREST PAYMENTS.] All payments of 523.13 principal and interest on debt service notes or capital loan 523.14 contracts, as received by the commissioner, are appropriated to 523.15 the loan repayment account. 523.16 Sec. 39. [124D.138] [SCHOOL LOANS.] 523.17 Subdivision 1. [CONSIDERATION BY COMMISSIONER.] The 523.18 commissioner shall receive and consider applications for and 523.19 grant or deny loans under sections 124.36 to 124.46. 523.20 Subd. 2. [APPLICATION FORMS; RULES.] The commissioner, 523.21 with the assistance of the attorney general or a designated 523.22 assistant, shall prepare forms of applications for debt service 523.23 loans and capital loans and instruments evidencing the loans. 523.24 The state board must promulgate rules to facilitate the 523.25 commissioner's operations in compliance with sections 124.36 to 523.26 124.46. The rules are subject to the procedure set forth in 523.27 sections 14.02, 14.04 to 14.28, 14.38, 14.44 to 14.45, and 14.57 523.28 to 14.62. 523.29 Subd. 3. [CLERK.] The commissioner may employ a clerk to 523.30 administer the maximum effort school aid law. The commissioner 523.31 may fix the clerk's compensation, which must be paid out of the 523.32 loan repayment account of the fund. 523.33 Sec. 40. [124D.14] [DEBT SERVICE LOANS.] 523.34 Subdivision 1. [QUALIFICATION; APPLICATION; AWARD; 523.35 INTEREST.] A district in which the required levy for debt 523.36 service in any year will exceed its maximum effort debt service 524.1 levy by ten percent or by $5,000, whichever is less, is 524.2 qualified for a debt service loan hereunder in an amount not 524.3 exceeding the amount applied for, and not exceeding one percent 524.4 of the net debt of the district, and not exceeding the 524.5 difference between the required and the maximum effort debt 524.6 service levy in that year. Applications must be filed with the 524.7 commissioner in each calendar year up to and including July 1. 524.8 The commissioner shall determine whether the applicant is 524.9 entitled to a loan and the amount thereof, and on or before 524.10 October 1 shall certify to each applicant district the amount 524.11 granted and its due date. The commissioner shall notify the 524.12 county auditor of each county in which the district is located 524.13 that the amount certified is available and appropriated for 524.14 payment of principal and interest on its outstanding bonds. The 524.15 auditors shall reduce by the loan amount the taxes otherwise 524.16 leviable as the district's debt service levy on the tax rolls 524.17 for that year. Each debt service loan shall bear interest from 524.18 its date at a rate equal to the average annual rate payable on 524.19 Minnesota state school loan bonds most recently issued prior to 524.20 the disbursement of the loan to the district, but in no event 524.21 less than 3-1/2 percent per year on the principal amount from 524.22 time to time remaining unpaid. Interest is payable on December 524.23 15 of the year following that in which the loan is received and 524.24 annually thereafter. 524.25 Subd. 2. [NOTE.] Each debt service loan must be evidenced 524.26 by a note executed on behalf of the district by the signatures 524.27 of its chair or vice-chair and the school district clerk. The 524.28 note must be dated November 1 of the year in which executed, and 524.29 must state its principal amount, interest rate, and that it is 524.30 payable at the commissioner's office. The note must have 524.31 printed thereon, or the commissioner shall attach thereto, a 524.32 grill for entry of the date and amount of each payment and 524.33 allocations of each payment to accrued interest or principal. 524.34 The note must also include a certificate to be executed by the 524.35 county auditor of each county in which any portion of the 524.36 district is situated, prior to the delivery of the note, stating 525.1 that the county auditor has entered the debt service loan 525.2 evidenced thereby in the auditor's bond register. The notes 525.3 must be delivered to the commissioner not later than November 15 525.4 of the year in which executed. The commissioner shall cause a 525.5 record to be made and preserved showing the obligor district and 525.6 the date and principal amount of each note. 525.7 Subd. 3. [WARRANT.] The commissioner shall issue to each 525.8 district whose note has been so received a warrant on the debt 525.9 service loan account of the maximum effort school loan fund, 525.10 payable on presentation to the state treasurer out of any money 525.11 in such account. The warrant shall be issued by the 525.12 commissioner in sufficient time to coincide with the next date 525.13 on which the district is obligated to make principal or interest 525.14 payments on its bonded debt in the ensuing year. Interest must 525.15 accrue from the date such warrant is issued. The proceeds 525.16 thereof must be used by the district to pay principal or 525.17 interest on its bonded debt falling due in the ensuing year. 525.18 Subd. 4. [LEVY.] Each district receiving a debt service 525.19 loan shall levy for debt service in that year and each year 525.20 thereafter, until all its debts to the fund are paid, (a) the 525.21 amount of its maximum effort debt service levy, or (b) the 525.22 amount of its required debt service levy less the amount of any 525.23 debt service loan in that year, whichever is greater. Whenever 525.24 the maximum effort debt service levy is greater the district 525.25 must remit to the commissioner, within ten days after its 525.26 receipt of the last regular tax distribution in the year in 525.27 which it is collected, that portion of the maximum effort debt 525.28 service tax collections, including penalties and interest, which 525.29 exceeds the required debt service levy. By September 1 the 525.30 commissioner shall notify the county auditor of each county 525.31 containing taxable property situated within the school district 525.32 of the amount of the maximum effort debt service levy of the 525.33 district for that year, and said county auditor or auditors 525.34 shall extend upon the tax rolls an ad valorem tax upon all 525.35 taxable property within the district in the aggregate amount so 525.36 certified. 526.1 Sec. 41. [124D.144] [CAPITAL LOANS.] 526.2 Subdivision 1. [CAPITAL LOAN REQUESTS AND USES.] Capital 526.3 loans are available only to qualifying districts. Capital loans 526.4 must not be used for the construction of swimming pools, ice 526.5 arenas, athletic facilities, auditoriums, bus garages, or 526.6 heating system improvements. Proceeds of the loans may be used 526.7 only for sites for education facilities and for acquiring, 526.8 bettering, furnishing, or equipping education facilities. 526.9 Contracts must be entered into within 18 months after the date 526.10 on which each loan is granted. For purposes of this section, 526.11 "education facilities" includes space for Head Start programs 526.12 and social service programs. 526.13 Subd. 2. [CAPITAL LOANS ELIGIBILITY.] Beginning July 1, 526.14 1992, a district is not eligible for a capital loan unless the 526.15 district's estimated net debt tax rate as computed by the 526.16 commissioner after debt service equalization aid would be more 526.17 than 20 percent of adjusted net tax capacity. The estimate must 526.18 assume a 20-year maturity schedule for new debt. 526.19 Subd. 3. [DISTRICT REQUEST FOR REVIEW AND COMMENT.] A 526.20 district or a joint powers district that intends to apply for a 526.21 capital loan must submit a proposal to the commissioner for 526.22 review and comment according to section 121.15 by July 1 of an 526.23 odd-numbered year. The commissioner shall prepare a review and 526.24 comment on the proposed facility, regardless of the amount of 526.25 the capital expenditure required to construct the facility. In 526.26 addition to the information provided under section 121.15, 526.27 subdivision 7, the commissioner shall consider the following 526.28 criteria in determining whether to make a positive review and 526.29 comment. 526.30 (a) To grant a positive review and comment the commissioner 526.31 shall determine that all of the following conditions are met: 526.32 (1) the facilities are needed for pupils for whom no 526.33 adequate facilities exist or will exist; 526.34 (2) the district will serve, on average, at least 80 pupils 526.35 per grade or is eligible for elementary or secondary sparsity 526.36 revenue; 527.1 (3) no form of cooperation with another district would 527.2 provide the necessary facilities; 527.3 (4) the facilities are comparable in size and quality to 527.4 facilities recently constructed in other districts that have 527.5 similar enrollments; 527.6 (5) the facilities are comparable in size and quality to 527.7 facilities recently constructed in other districts that are 527.8 financed without a capital loan; 527.9 (6) the district is projected to maintain or increase its 527.10 average daily membership over the next five years or is eligible 527.11 for elementary or secondary sparsity revenue; 527.12 (7) the current facility poses a threat to the life, 527.13 health, and safety of pupils, and cannot reasonably be brought 527.14 into compliance with fire, health, or life safety codes; 527.15 (8) the district has made a good faith effort, as evidenced 527.16 by its maintenance expenditures, to adequately maintain the 527.17 existing facility during the previous ten years and to comply 527.18 with fire, health, and life safety codes and state and federal 527.19 requirements for handicapped accessibility; 527.20 (9) the district has made a good faith effort to encourage 527.21 integration of social service programs within the new facility; 527.22 and 527.23 (10) evaluations by boards of adjacent districts have been 527.24 received. 527.25 (b) The commissioner may grant a negative review and 527.26 comment if: 527.27 (1) the state demographer has examined the population of 527.28 the communities to be served by the facility and determined that 527.29 the communities have not grown during the previous five years; 527.30 (2) the state demographer determines that the economic and 527.31 population bases of the communities to be served by the facility 527.32 are not likely to grow or to remain at a level sufficient, 527.33 during the next ten years, to ensure use of the entire facility; 527.34 (3) the need for facilities could be met within the 527.35 district or adjacent districts at a comparable cost by leasing, 527.36 repairing, remodeling, or sharing existing facilities or by 528.1 using temporary facilities; 528.2 (4) the district plans do not include cooperation and 528.3 collaboration with health and human services agencies and other 528.4 political subdivisions; or 528.5 (5) if the application is for new construction, an existing 528.6 facility that would meet the district's needs could be purchased 528.7 at a comparable cost from any other source within the area. 528.8 Subd. 4. [MULTIPLE DISTRICT PROPOSALS; REVIEW AND 528.9 COMMENT.] In addition to the requirements of subdivision 2, the 528.10 commissioner may use additional requirements to determine a 528.11 positive review and comment on projects that are designed to 528.12 serve more than one district. These requirements may include: 528.13 (1) reducing or increasing the number of districts that 528.14 plan to use the facility; 528.15 (2) location of the facility; and 528.16 (3) formation of a joint powers agreement among the 528.17 participating districts. 528.18 Subd. 5. [ADJACENT DISTRICT COMMENTS.] The district must 528.19 present the proposed project to the board of each adjacent 528.20 district at a public meeting of that district. The board of an 528.21 adjacent district must make a written evaluation of how the 528.22 project will affect the future education and building needs of 528.23 the adjacent district. The board must submit the evaluation to 528.24 the applying district within 30 days of the meeting. 528.25 Subd. 6. [DISTRICT APPLICATION FOR CAPITAL LOAN.] The 528.26 school board of a district desiring a capital loan must adopt a 528.27 resolution stating the amount proposed to be borrowed, the 528.28 purpose for which the debt is to be incurred, and an estimate of 528.29 the dates when the facilities for which the loan is requested 528.30 will be contracted for and completed. Applications for loans 528.31 must be accompanied by a copy of the adopted board resolution 528.32 and copies of the adjacent district evaluations. The 528.33 commissioner shall retain the evaluation as part of a permanent 528.34 record of the district submitting the evaluation. 528.35 Applications must be in the form and accompanied by the 528.36 additional data required by the commissioner. Applications must 529.1 be received by the commissioner by September 1 of an 529.2 odd-numbered year. A district must resubmit an application each 529.3 odd-numbered year. Capital loan applications that do not 529.4 receive voter approval or are not approved in law cancel July 1 529.5 of the year following application. When an application is 529.6 received, the commissioner shall obtain from the commissioner of 529.7 revenue the information in the revenue department's official 529.8 records that is required to be used in computing the debt limit 529.9 of the district under section 475.53, subdivision 4. 529.10 Subd. 7. [STATE BOARD REVIEW; DISTRICT PROPOSALS.] By 529.11 November 1 of each odd-numbered year, the state board must 529.12 review all applications for capital loans that have received a 529.13 positive review and comment. When reviewing applications, the 529.14 state board must consider whether the criteria in subdivision 2 529.15 have been met. The state board may not approve an application 529.16 if all of the required deadlines have not been met. The state 529.17 board may either approve or reject an application for a capital 529.18 loan. 529.19 Subd. 8. [RECOMMENDATIONS OF THE COMMISSIONER.] The 529.20 commissioner shall examine and consider applications for capital 529.21 loans that have been approved by the state board of education, 529.22 and promptly notify any district rejected by the state board of 529.23 the state board's decision. 529.24 The commissioner shall report each capital loan that has 529.25 been approved by the state board and that has received voter 529.26 approval to the education committees of the legislature by 529.27 January 1 of each even-numbered year. The commissioner must not 529.28 report a capital loan that has not received voter approval. The 529.29 commissioner shall also report on the money remaining in the 529.30 capital loan account and, if necessary, request that another 529.31 bond issue be authorized. 529.32 Subd. 9. [LOAN AMOUNT LIMITS.] (a) A loan must not be 529.33 recommended for approval for a district exceeding an amount 529.34 computed as follows: 529.35 (1) the amount requested by the district under subdivision 529.36 5; 530.1 (2) plus the aggregate principal amount of general 530.2 obligation bonds of the district outstanding on June 30 of the 530.3 year following the year the application was received, not 530.4 exceeding the limitation on net debt of the district in section 530.5 475.53, subdivision 4, or 305 percent of its adjusted net tax 530.6 capacity as most recently determined, whichever is less; 530.7 (3) less the maximum net debt permissible for the district 530.8 on December 1 of the year the application is received, under the 530.9 limitation in section 475.53, subdivision 4, or 305 percent of 530.10 its adjusted net tax capacity as most recently determined, 530.11 whichever is less; 530.12 (4) less any amount by which the amount voted exceeds the 530.13 total cost of the facilities for which the loan is granted. 530.14 (b) The loan may be approved in an amount computed as 530.15 provided in paragraph (a), clauses (1) to (3), subject to later 530.16 reduction according to paragraph (a), clause (4). 530.17 Subd. 10. [LEGISLATIVE ACTION.] Each capital loan must be 530.18 approved in a law. 530.19 If the aggregate amount of the capital loans exceeds the 530.20 amount that is or can be made available, the commissioner shall 530.21 allot the available amount among any number of qualified 530.22 applicant districts, according to the commissioner's judgment 530.23 and discretion, based upon the districts' respective needs. 530.24 Subd. 11. [DISTRICT REFERENDUM.] After receipt of the 530.25 review and comment on the project and before January 1 of the 530.26 even-numbered year, the question authorizing the borrowing of 530.27 money for the facilities must be submitted by the school board 530.28 to the voters of the district at a regular or special election. 530.29 The question submitted must state the total amount to be 530.30 borrowed from all sources. Approval of a majority of those 530.31 voting on the question is sufficient to authorize the issuance 530.32 of the obligations on public sale in accordance with chapter 530.33 475. The face of the ballot must include the following 530.34 statement: "APPROVAL OF THIS QUESTION DOES NOT GUARANTEE THAT 530.35 THE SCHOOL DISTRICT WILL RECEIVE A CAPITAL LOAN FROM THE STATE. 530.36 THE LOAN MUST BE APPROVED BY THE STATE LEGISLATURE AND IS 531.1 DEPENDENT ON AVAILABLE FUNDING." The district must mail to the 531.2 commissioner a certificate by the clerk showing the vote at the 531.3 election. 531.4 Subd. 12. [CONTRACT.] Each capital loan must be evidenced 531.5 by a contract between the district and the state acting through 531.6 the commissioner. The contract must obligate the state to 531.7 reimburse the district, from the maximum effort school loan 531.8 fund, for eligible capital expenses for construction of the 531.9 facility for which the loan is granted, an amount computed as 531.10 provided in subdivision 8. The commissioner must receive from 531.11 the district a certified resolution of the board estimating the 531.12 costs of construction and reciting that contracts for 531.13 construction of the facilities for which the loan is granted 531.14 have been awarded and that bonds of the district have been 531.15 issued and sold in the amount necessary to pay all estimated 531.16 costs of construction in excess of the amount of the loan. The 531.17 contract must obligate the district to repay the loan out of the 531.18 excesses of its maximum effort debt service levy over its 531.19 required debt service levy, including interest at a rate equal 531.20 to the weighted average annual rate payable on Minnesota state 531.21 school loan bonds issued for the project and disbursed to the 531.22 districts on a reimbursement basis, but in no event less than 531.23 3-1/2 percent per year on the principal amount from time to time 531.24 unpaid. The district must each year, as long as it is indebted 531.25 to the state, levy for debt service (a) the amount of its 531.26 maximum effort debt service levy or (b) the amount of its 531.27 required debt service levy, whichever is greater, except as the 531.28 required debt service levy may be reduced by a loan under 531.29 section 124.42. On November 20 of each year, each district 531.30 having an outstanding capital loan must compute the excess 531.31 amount in the debt redemption fund. The commissioner shall 531.32 prescribe the form and calculation to be used in computing the 531.33 excess amount. A completed copy of this form must be sent to 531.34 the commissioner before December 1 of each year. The 531.35 commissioner may recompute the excess amount and shall promptly 531.36 notify the district of the recomputed amount. On December 15 of 532.1 each year, the district must remit to the commissioner an amount 532.2 equal to the excess amount in the debt redemption fund. When 532.3 the maximum effort debt service levy is greater, the district 532.4 must remit to the commissioner within ten days after its receipt 532.5 of the last regular tax distribution in each year, that part of 532.6 the debt service tax collections, including penalties and 532.7 interest that exceeded the required debt service levy. The 532.8 commissioner shall supervise the collection of outstanding 532.9 accounts due the fund and may, by notice to the proper county 532.10 auditor, require the maximum levy to be made as required in this 532.11 subdivision. Interest on capital loans must be paid on December 532.12 15 of the year after the year the loan is granted and annually 532.13 in later years. By September 1, the commissioner shall notify 532.14 the county auditor of each county containing taxable property 532.15 situated within the district of the amount of the maximum effort 532.16 debt service levy of the district for that year. The county 532.17 auditor or auditors shall extend upon the tax rolls an ad 532.18 valorem tax upon all taxable property within the district in the 532.19 aggregate amount so certified. 532.20 Subd. 13. [LOAN FORGIVENESS.] If any capital loan is not 532.21 paid within 50 years after it is granted from maximum effort 532.22 debt service levies in excess of required debt service levies, 532.23 the liability of the district on the loan is satisfied and 532.24 discharged and interest on the loan ceases. 532.25 Subd. 14. [PARTICIPATION BY COUNTY AUDITOR; RECORD OF 532.26 CONTRACT; PAYMENT OF LOAN.] The district must file a copy of the 532.27 capital loan contract with the county auditor of each county in 532.28 which any part of the district is situated. The county auditor 532.29 shall enter the capital loan, evidenced by the contract, in the 532.30 auditor's bond register. The commissioner shall keep a record 532.31 of each capital loan and contract showing the name and address 532.32 of the district, the date of the contract, and the amount of the 532.33 loan initially approved. On receipt of the resolution required 532.34 in subdivision 11, the commissioner shall issue warrants, which 532.35 may be dispersed in accordance with the schedule in the 532.36 contract, on the capital loan account for the amount that may be 533.1 disbursed under subdivision 1. Interest on each disbursement of 533.2 the capital loan amount accrues from the date on which the state 533.3 treasurer issues the warrant. 533.4 Subd. 15. [BOND SALE LIMITATIONS.] A district having an 533.5 outstanding state loan must not issue and sell any bonds on the 533.6 public market, except to refund state loans, unless it agrees to 533.7 make the maximum effort debt service levy in each later year at 533.8 the higher rate provided in section 124.38, subdivision 7, and 533.9 unless it schedules the maturities of the bonds according to 533.10 section 475.54, subdivision 2. A district that refunds bonds at 533.11 a lower interest rate may continue to make the maximum effort 533.12 debt service levy in each later year at the current rate 533.13 provided in section 124.38, subdivision 7, if the district can 533.14 demonstrate to the commissioner's satisfaction that the 533.15 district's repayments of the state loan will not be reduced 533.16 below the previous year's level. The district must report each 533.17 sale to the commissioner. 533.18 After a district's capital loan has been outstanding for 20 533.19 years, the district must not issue bonds on the public market 533.20 except to refund the loan. 533.21 Sec. 42. [124D.148] [PREPAYMENTS.] 533.22 A district may at any time pay the entire principal or part 533.23 thereof and interest then due on a note or contract held by the 533.24 state, out of any moneys not needed for school purposes. The 533.25 district may issue and sell its refunding bonds in accordance 533.26 with chapter 475, for such purpose, by actions of its school 533.27 board and without the necessity of a vote by its electors, if 533.28 such refunding bonds plus its net debt does not exceed the debt 533.29 limit prescribed by chapter 475. Any such refunding bonds may 533.30 bear interest at a rate or rates higher or lower than the rate 533.31 payable on the loan or loans refunded thereby. 533.32 Sec. 43. [124D.15] [APPLICATIONS OF PAYMENT.] 533.33 The commissioner shall apply payments received from 533.34 collections of maximum effort debt service levies in excess of 533.35 required debt service levies of a district on its debt service 533.36 notes and capital loan contracts as follows: First, to payment 534.1 of interest accrued on its notes, if any; second, to interest on 534.2 its contracts, if any; third, toward principal of its notes, if 534.3 any; and last, toward principal of its contracts, if any. While 534.4 more than one note or more than one contract is held, priority 534.5 of payment of interest must be given to the one of earliest 534.6 date, and after interest accrued on all notes is paid, similar 534.7 priority shall be given in the application of any remaining 534.8 amount to the payment of principal. In any year when the 534.9 receipts from a district are not sufficient to pay the interest 534.10 accrued on any of its notes or contracts, the deficiency must be 534.11 added to the principal, and the commissioner shall notify the 534.12 district and each county auditor concerned of the new amount of 534.13 principal of the note or contract. 534.14 Sec. 44. [124D.154] [ISSUANCE AND SALE OF BONDS.] 534.15 Subdivision 1. [CERTIFICATION.] The commissioner shall 534.16 certify to the commissioner of finance the amount anticipated to 534.17 be needed for debt service loans and capital loans to be made 534.18 under the maximum effort school aid law prior to October 1 in 534.19 the following year. Each such certification of the commissioner 534.20 shall also state an estimate of the dates and amounts the 534.21 certified amount will be needed in the maximum effort school 534.22 loan fund and an estimate as to the years and amounts in which 534.23 payments on debt service loans and capital loans will be 534.24 received. 534.25 Subd. 2. [ISSUANCE AND SALE OF BONDS; COMMISSIONER OF 534.26 FINANCE.] Upon receipt of each such certification, subject to 534.27 authorization as provided in subdivision 4, the commissioner of 534.28 finance shall from time to time as needed issue and sell state 534.29 of Minnesota school loan bonds in the aggregate principal amount 534.30 stated in the commissioner's certificate, for the prompt and 534.31 full payment of which, with the interest thereon, the full 534.32 faith, credit, and taxing powers of the state are hereby 534.33 irrevocably pledged. The commissioner of finance shall credit 534.34 the net proceeds of the sale of the bonds to the purposes for 534.35 which they are appropriated by section 124.40, subdivision 1. 534.36 The bonds shall be issued and sold at such price, in such 535.1 manner, in such number of series, at such times, and in such 535.2 form and denominations, shall bear such dates of issue and of 535.3 maturity, either without option of prior redemption or subject 535.4 to prepayment upon such notice and at such times and prices, 535.5 shall bear interest at such rate or rates and payable at such 535.6 intervals, shall be payable at such bank or banks within or 535.7 without the state, with such provisions for registration, 535.8 conversion, and exchange, and for the issuance of notes in 535.9 anticipation of the sale and delivery of definitive bonds, and 535.10 in accordance with such further provisions as the commissioner 535.11 of finance shall determine subject to the limitations stated in 535.12 this subdivision. The bonds are not subject to the provisions 535.13 of sections 14.02, 14.04 to 14.28, 14.38, 14.44 to 14.45, and 535.14 14.57 to 14.62. The maturity date must not be more than 20 535.15 years after the date of issue of any bond and the principal 535.16 amounts. The due dates must conform as near as may be with the 535.17 commissioner's estimates of dates and amounts of payments to be 535.18 received on debt service and capital loans. The bonds and any 535.19 interest coupons attached to them must be executed by the 535.20 commissioner of finance and attested by the state treasurer 535.21 under their official seals. The signatures of these officers 535.22 and their seals may be printed, lithographed, stamped, engraved, 535.23 or otherwise reproduced thereon. Each bond must be 535.24 authenticated by the manual signature on its face of one of the 535.25 officers or a person authorized to sign on behalf of a bank or 535.26 trust company designated by the commissioner to act as registrar 535.27 or other authenticating agent. The commissioner of finance is 535.28 authorized and directed to ascertain and certify to purchasers 535.29 of the bonds the performance and existence of all acts, 535.30 conditions, and things necessary to make them valid and binding 535.31 general obligations of the state of Minnesota in accordance with 535.32 their terms. 535.33 Subd. 3. [SCHOOL LOAN BOND ACCOUNT.] The commissioner of 535.34 finance shall maintain a separate school loan bond account in 535.35 the state bond fund, showing all money transferred to that fund 535.36 for the payment of school loan bonds and all income received 536.1 from the investment of such money. On December 1, the 536.2 commissioner of finance shall transfer to the bond account as 536.3 much of the money then on hand in the loan repayment account in 536.4 the maximum effort school loan fund as will be sufficient, with 536.5 the balance on hand in said bond account, to pay all principal 536.6 and interest due and to become due within the next ensuing year 536.7 and July 1 in the second ensuing year on school loan bonds 536.8 issued and sold pursuant to this section. If money is not 536.9 available for the transfer in the full amount required, and if 536.10 any principal or interest on school loan bonds should become due 536.11 at any time when there is not on hand a sufficient amount from 536.12 any of the sources herein appropriated for the payment thereof, 536.13 the moneys must be paid out of the general fund in the state 536.14 treasury according to section 16A.641, and the amount necessary 536.15 therefor is hereby appropriated. 536.16 Subd. 4. [AUTHORITY FOR ISSUANCE OF BONDS.] Bonds shall be 536.17 issued pursuant to this section only when authorized by a law 536.18 specifying the purpose thereof and the maximum amount of the 536.19 proceeds authorized to be expended for that purpose. An act 536.20 authorizing the issuance of bonds in the manner provided in this 536.21 section, together with this section, constitute complete 536.22 authority for the issue. The bonds must not be subject to the 536.23 restrictions or limitations contained in any other law. Bonds 536.24 issued pursuant to this section may be sold at public or private 536.25 sale and are deemed "authorized securities" within the 536.26 provisions of section 50.14. 536.27 Sec. 45. [124D.158] [BOND ISSUE; MAXIMUM EFFORT SCHOOL 536.28 LOANS; 1965.] 536.29 To provide money to be loaned to districts as agencies and 536.30 political subdivisions of the state for the acquisition and 536.31 betterment of public land and buildings and other public 536.32 improvements of a capital nature, in the manner provided by the 536.33 maximum effort school aid law, the state auditor is directed to 536.34 issue and sell school loan bonds of the state of Minnesota in 536.35 the maximum amount of $10,400,000. Said amount is appropriated 536.36 to the maximum effort school loan fund and must be expended 537.1 under the direction of the school loan committee for the making 537.2 of debt service loans and capital loans to districts as provided 537.3 in sections 124.36 to 124.46. These bonds must be issued and 537.4 sold and provision for their payment made in accordance with 537.5 section 124.46, and an amount sufficient to pay interest on the 537.6 bonds to and including July 1 in the second year after the date 537.7 of issue must be credited from the bond proceeds to the school 537.8 loan bond account in the state bond fund. Any expenses 537.9 incidental to the sale, printing, execution, and delivery of the 537.10 bonds, including, but without limitation, actual and necessary 537.11 travel and subsistence expenses of state officers and employees 537.12 for such purposes, must be paid from the maximum effort school 537.13 loan fund, and the amounts necessary for the expenses are 537.14 appropriated from the fund. 537.15 Sec. 46. [124D.16] [BOND ISSUE; MAXIMUM EFFORT SCHOOL 537.16 LOANS; 1967.] 537.17 To provide money to be loaned to school districts as 537.18 agencies and political subdivisions of the state for the 537.19 acquisition and betterment of public land and buildings and 537.20 other public improvements of a capital nature, in the manner 537.21 provided by the maximum effort school aid law, the state auditor 537.22 is directed to issue and sell school loan bonds of the state of 537.23 Minnesota in the maximum amount of $2,800,000, in addition to 537.24 the bonds already authorized for this purpose, said amount is 537.25 appropriated to the maximum effort school loan fund and must be 537.26 expended under the direction of the school loan committee for 537.27 the making of debt service loans and capital loans to districts 537.28 as provided in sections 124.36 to 124.46. These bonds must be 537.29 issued and sold and provision for their payment made in 537.30 accordance with section 124.46, and an amount sufficient to pay 537.31 interest on the bonds to and including July 1 in the second year 537.32 after the date of issue must be credited from the bond proceeds 537.33 to the school loan bond account in the state bond fund. Any 537.34 expenses incidental to the sale, printing, execution, and 537.35 delivery of the bonds, including, but without limitation, actual 537.36 and necessary travel and subsistence expenses of state officers 538.1 and employees for such purposes, must be paid from the maximum 538.2 effort school loan fund, and the amounts necessary for the 538.3 expenses are appropriated from the fund. 538.4 Sec. 47. [124D.164] [BOND ISSUE; MAXIMUM EFFORT SCHOOL 538.5 LOANS; 1969.] 538.6 To provide money to be loaned to districts as agencies and 538.7 political subdivisions of the state for the acquisition and 538.8 betterment of public land and buildings and other public 538.9 improvements of a capital nature, in the manner provided by the 538.10 maximum effort school aid law, the commissioner of finance is 538.11 directed to issue and sell school loan bonds of the state of 538.12 Minnesota in the maximum amount of $20,000,000, in addition to 538.13 the bonds already authorized for this purpose, said amount is 538.14 appropriated to the maximum effort school loan fund and must be 538.15 expended under the direction of the commissioner for the making 538.16 of debt service loans and capital loans to districts as provided 538.17 in sections 124.36 to 124.46. These bonds must be issued and 538.18 sold and provision for their payment made in accordance with 538.19 section 124.46, and an amount sufficient to pay interest on the 538.20 bonds to and including July 1 in the second year after the date 538.21 of issue must be credited from the bond proceeds to the school 538.22 loan bond account in the state bond fund. Any expenses 538.23 incidental to the sale, printing, execution, and delivery of the 538.24 bonds, including, but without limitation, actual and necessary 538.25 travel and subsistence expenses of state officers and employees 538.26 for those purposes, must be paid from the maximum effort school 538.27 loan fund, and the amounts necessary for the expenses are 538.28 appropriated from it. 538.29 Sec. 48. [124D.168] [BOND ISSUE; MAXIMUM EFFORT SCHOOL 538.30 LOANS; 1980.] 538.31 To provide money to be loaned to school districts as 538.32 agencies and political subdivisions of the state for the 538.33 acquisition and betterment of public land and buildings and 538.34 other public improvements of a capital nature, in the manner 538.35 provided by the maximum effort school aid law, the commissioner 538.36 of finance is directed to issue and sell school loan bonds of 539.1 the state of Minnesota in the maximum amount of $20,000,000, in 539.2 addition to the bonds already authorized for this purpose. Said 539.3 amount is appropriated to the maximum effort school loan fund 539.4 and must be expended under the direction of the commissioner for 539.5 the making of debt service loans and capital loans to districts 539.6 as provided in sections 124.36 to 124.46. These bonds must be 539.7 issued and sold and provision for their payment made in 539.8 accordance with section 124.46, and an amount sufficient to pay 539.9 interest on the bonds to and including July 1 in the second year 539.10 after the date of issue must be credited from the bond proceeds 539.11 to the school loan bond account in the state bond fund. Any 539.12 expenses incidental to the sale, printing, execution, and 539.13 delivery of the bonds, including, but without limitation, actual 539.14 and necessary travel and subsistence expenses of state officers 539.15 and employees for those purposes, must be paid from the maximum 539.16 effort school loan fund, and the amounts necessary for the 539.17 expenses are appropriated from it. 539.18 Sec. 49. [124D.17] [BOND ISSUE; MAXIMUM EFFORT SCHOOL 539.19 LOANS; 1988.] 539.20 To provide money to be loaned to districts as agencies and 539.21 political subdivisions of the state to acquire and to better 539.22 public land and buildings and other public improvements of a 539.23 capital nature, in the manner provided by the maximum effort 539.24 school aid law, the commissioner of finance shall issue and sell 539.25 school loan bonds of the state of Minnesota in the maximum 539.26 amount of $22,000,000, in addition to the bonds already 539.27 authorized for this purpose. The same amount is appropriated to 539.28 the maximum effort school loan fund and must be spent under the 539.29 direction of the commissioner to make debt service loans and 539.30 capital loans to districts as provided in sections 124.36 to 539.31 124.46. The bonds must be issued and sold and provision for 539.32 their payment must be made according to section 124.46. 539.33 Expenses incidental to the sale, printing, execution, and 539.34 delivery of the bonds, including, but without limitation, actual 539.35 and necessary travel and subsistence expenses of state officers 539.36 and employees for those purposes, must be paid from the maximum 540.1 effort school loan fund, and the money necessary for the 540.2 expenses is appropriated from that fund. 540.3 Sec. 50. [124D.174] [BOND ISSUE; MAXIMUM EFFORT SCHOOL 540.4 LOANS; 1990.] 540.5 To provide money to be loaned to districts as agencies and 540.6 political subdivisions of the state to acquire and to better 540.7 public land and buildings and other public improvements of a 540.8 capital nature, in the manner provided by the maximum effort 540.9 school aid law, the commissioner of finance shall issue and sell 540.10 school loan bonds of the state of Minnesota in the maximum 540.11 amount of $23,000,000, in addition to the bonds already 540.12 authorized for this purpose. The bonds must be issued and sold 540.13 and provision for their payment must be made according to 540.14 section 124.46. Expenses incidental to the sale, printing, 540.15 execution, and delivery of the bonds, including, but without 540.16 limitation, actual and necessary travel and subsistence expenses 540.17 of state officers and employees for those purposes, must be paid 540.18 from the maximum effort school loan fund, and the money 540.19 necessary for the expenses is appropriated from that fund. 540.20 Sec. 51. [124D.178] [BOND ISSUE; MAXIMUM EFFORT SCHOOL 540.21 LOANS; 1991.] 540.22 To provide money to be loaned to districts as agencies and 540.23 political subdivisions of the state to acquire and to better 540.24 public land and buildings and other public improvements of a 540.25 capital nature, in the manner provided by the maximum effort 540.26 school aid law, the commissioner of finance shall issue and sell 540.27 school loan bonds of the state of Minnesota in the maximum 540.28 amount of $45,065,000, in addition to the bonds already 540.29 authorized for this purpose. The same amount is appropriated to 540.30 the maximum effort school loan fund and must be spent under the 540.31 direction of the commissioner to make debt service loans and 540.32 capital loans to districts as provided in sections 124.36 to 540.33 124.46. The bonds must be issued and sold and provision for 540.34 their payment must be made according to section 124.46. 540.35 Expenses incidental to the sale, printing, execution, and 540.36 delivery of the bonds, including, but without limitation, actual 541.1 and necessary travel and subsistence expenses of state officers 541.2 and employees for those purposes, must be paid from the maximum 541.3 effort school loan fund, and the money necessary for the 541.4 expenses is appropriated from that fund. 541.5 Sec. 52. [124D.18] [CITATION.] 541.6 Sections 124.492 to 124.495 may be cited as the 541.7 "cooperative secondary facilities grant act." 541.8 Sec. 53. [124D.184] [POLICY AND PURPOSE.] 541.9 Because of the rates of decline in school-aged population, 541.10 population shifts and economic changes that the state has 541.11 experienced in recent years and anticipates in future years, and 541.12 because in some instances local districts have not, and will not 541.13 be able to provide the required construction funds through local 541.14 property taxes, the purpose of the cooperative secondary 541.15 facilities grant program is to provide an incentive to encourage 541.16 cooperation in making available to all secondary students those 541.17 educational programs, services and facilities that are most 541.18 efficiently and effectively provided by a cooperative effort of 541.19 several school districts. The policy and purpose of sections 541.20 124.493 to 124.495 is to use the credit of the state, to a 541.21 limited degree, to provide grants to cooperating groups of 541.22 districts to improve and expand the educational opportunities 541.23 and facilities available to their secondary students. 541.24 Sec. 54. [124D.188] [APPROVAL AUTHORITY; APPLICATION 541.25 FORMS.] 541.26 Subdivision 1. [APPROVAL BY COMMISSIONER.] To the extent 541.27 money is available, the commissioner may approve projects from 541.28 applications submitted under section 124.494. The grant money 541.29 must be used only to acquire, construct, remodel or improve the 541.30 building or site of a cooperative secondary facility under 541.31 contracts to be entered into within 15 months after the date on 541.32 which each grant is awarded. 541.33 Subd. 2. [COOPERATION AND COMBINATION.] Districts that 541.34 receive a cooperative secondary facilities grant after May 1, 541.35 1991, shall: 541.36 (1) submit a plan as set forth in section 122.242 for 542.1 approval by the state board of education; and 542.2 (2) hold a referendum on the question of combination no 542.3 later than four years after a grant is awarded under subdivision 542.4 1. 542.5 The districts are eligible for cooperation and combination 542.6 revenue under section 124.2725. 542.7 Sec. 55. [124D.19] [GRANT APPLICATION PROCESS.] 542.8 Subdivision 1. [QUALIFICATION.] Any group of districts 542.9 that meets the criteria required under subdivision 2 may apply 542.10 for an incentive grant for construction of a new secondary 542.11 facility or for remodeling and improving an existing secondary 542.12 facility. A grant for new construction must not exceed the 542.13 lesser of $5,000,000 or 75 percent of the approved construction 542.14 costs of a cooperative secondary education facility. A grant 542.15 for remodeling and improving an existing facility must not 542.16 exceed $200,000. 542.17 Subd. 2. [REVIEW BY COMMISSIONER.] (a) A group of 542.18 districts that submits an application for a grant must submit a 542.19 proposal to the commissioner for review and comment under 542.20 section 121.15. The commissioner shall prepare a review and 542.21 comment on the proposed facility by July 1 of an odd-numbered 542.22 year, regardless of the amount of the capital expenditure 542.23 required to acquire, construct, remodel or improve the secondary 542.24 facility. The commissioner shall not approve an application for 542.25 an incentive grant for any secondary facility unless the 542.26 facility receives a favorable review and comment under section 542.27 121.15 and the following criteria are met: 542.28 (1) a minimum of two or more districts, with kindergarten 542.29 to grade 12 enrollments in each district of no more than 1,200 542.30 pupils, enter into a joint powers agreement; 542.31 (2) a joint powers board representing all participating 542.32 districts is established under section 471.59 to govern the 542.33 cooperative secondary facility; 542.34 (3) the planned secondary facility will result in the joint 542.35 powers district meeting the requirements of Minnesota Rules, 542.36 parts 3500.2010 and 3500.2110; 543.1 (4) at least 198 pupils would be served in grades 10 to 12, 543.2 264 pupils would be served in grades 9 to 12, or 396 pupils 543.3 would be served in grades 7 to 12; 543.4 (5) no more than one superintendent is employed by the 543.5 joint powers board as a result of the cooperative secondary 543.6 facility agreement; 543.7 (6) a statement of need is submitted, that may include 543.8 reasons why the current secondary facilities are inadequate, 543.9 unsafe or inaccessible to the handicapped; 543.10 (7) an educational plan is prepared, that includes input 543.11 from both community and professional staff; 543.12 (8) a combined seniority list for all participating 543.13 districts is developed by the joint powers board; 543.14 (9) an education program is developed that provides for 543.15 more learning opportunities and course offerings, including the 543.16 offering of advanced placement courses, for students than is 543.17 currently available in any single member district; 543.18 (10) a plan is developed for providing instruction of any 543.19 resident students in other districts when distance to the 543.20 secondary education facility makes attendance at the facility 543.21 unreasonably difficult or impractical; and 543.22 (11) the joint powers board established under clause (2) 543.23 discusses with technical colleges located in the area how 543.24 vocational education space in the cooperative secondary facility 543.25 could be jointly used for secondary and post-secondary purposes. 543.26 (b) To the extent possible, the joint powers board is 543.27 encouraged to provide for severance pay or for early retirement 543.28 incentives under section 125.611, for any teacher or 543.29 administrator, as defined under section 125.12, subdivision 1, 543.30 who is placed on unrequested leave as a result of the 543.31 cooperative secondary facility agreement. 543.32 (c) For the purpose of paragraph (a), clause (8), each 543.33 district must be considered to have started school each year on 543.34 the same date. 543.35 (d) The districts may develop a plan that provides for the 543.36 location of social service, health, and other programs serving 544.1 pupils and community residents within the cooperative secondary 544.2 facility. The commissioner shall consider this plan when 544.3 preparing a review and comment on the proposed facility. 544.4 (e) The districts must schedule and conduct a meeting on 544.5 library services. The school districts, in cooperation with the 544.6 regional public library system and its appropriate member 544.7 libraries, must discuss the possibility of including jointly 544.8 operated library services at the cooperative secondary facility. 544.9 (f) The board of a district that has reorganized under 544.10 section 122.23 or 122.243 and that is applying for a grant for 544.11 remodeling or improving an existing facility may act in the 544.12 place of a joint powers board to meet the criteria of this 544.13 subdivision. 544.14 Subd. 3. [REORGANIZING DISTRICTS.] A district that is a 544.15 member of a joint powers board established under subdivision 2 544.16 and that is planning to reorganize under section 122.21, 122.22, 544.17 or 122.23 must notify the joint powers board one year in advance 544.18 of the effective date of the reorganization. Notwithstanding 544.19 section 471.59 or any other law to the contrary, the board of a 544.20 district that reorganizes under section 122.21, 122.22, or 544.21 122.23 may appoint representatives to the joint powers board who 544.22 will serve on the joint powers board for two years after the 544.23 effective date of the reorganization if authorized in the 544.24 agreement establishing the joint powers board to govern the 544.25 cooperative secondary facility. These representatives shall 544.26 have the same powers as representatives of any other school 544.27 district under the joint powers agreement. 544.28 Subd. 4. [DISTRICT PROCEDURES.] A joint powers board of a 544.29 secondary district established under subdivision 2 or a school 544.30 board of a reorganized district that intends to apply for a 544.31 grant must adopt a resolution stating the proposed costs of the 544.32 project, the purpose for which the costs are to be incurred, and 544.33 an estimate of the dates when the facilities for which the grant 544.34 is requested will be contracted for and completed. Applications 544.35 for the state grants must be accompanied by (a) a copy of the 544.36 resolution, (b) a certificate by the clerk and treasurer of the 545.1 joint powers board showing the current outstanding indebtedness 545.2 of each member district, and (c) a certificate by the county 545.3 auditor of each county in which a portion of the joint powers 545.4 district lies showing the information in the auditor's official 545.5 records that is required to be used in computing the debt limit 545.6 of the district under section 475.53, subdivision 4. The 545.7 clerk's and treasurer's certificate must show, as to each 545.8 outstanding bond issue of each member district, the amount 545.9 originally issued, the purpose for which issued, the date of 545.10 issue, the amount remaining unpaid as of the date of the 545.11 resolution, and the interest rates and due dates and amounts of 545.12 principal thereon. Applications and necessary data must be in 545.13 the form prescribed by the commissioner and the rules of the 545.14 state board of education. Applications must be received by the 545.15 commissioner by September 1 of an odd-numbered year. When an 545.16 application is received, the commissioner shall obtain from the 545.17 commissioner of revenue, and from the public utilities 545.18 commission when required, the information in their official 545.19 records that is required to be used in computing the debt limit 545.20 of the joint powers district under section 475.53, subdivision 4. 545.21 Subd. 5. [AWARD OF GRANTS.] By November 1 of the 545.22 odd-numbered year, the commissioner shall examine and consider 545.23 all applications for grants, and if any district is found not 545.24 qualified, the commissioner shall promptly notify that board. 545.25 A grant award is subject to verification by the district as 545.26 specified in subdivision 6. A grant award for a new facility 545.27 must not be made until the site of the secondary facility has 545.28 been determined. A grant award to remodel or improve an 545.29 existing facility must not be made until the districts have 545.30 reorganized. If the total amount of the approved applications 545.31 exceeds the amount that is or can be made available, the 545.32 commissioner shall allot the available amount equally between 545.33 the approved applicant districts. The commissioner shall 545.34 promptly certify to each qualified district the amount, if any, 545.35 of the grant awarded to it. 545.36 Subd. 6. [COLLOCATION GRANT.] A group of districts that 546.1 receives a grant for a new facility under subdivision 4 is also 546.2 eligible to receive an additional grant in the amount of 546.3 $1,000,000. To receive the additional grant, the group of 546.4 districts must develop a plan under subdivision 2, paragraph 546.5 (d), that provides for the location of a significant number of 546.6 noneducational student and community service programs within the 546.7 cooperative secondary facility. 546.8 Subd. 7. [REFERENDUM; BOND ISSUE.] Within 180 days after 546.9 being awarded a grant for a new facility under subdivision 4, 546.10 the joint powers board must submit the question of authorizing 546.11 the borrowing of funds for the secondary facility to the voters 546.12 of the joint powers district at a special election, which may be 546.13 held in conjunction with the annual election of the school board 546.14 members of the member districts. The question submitted must 546.15 state the total amount of funding needed from all sources. A 546.16 majority of those voting in the affirmative on the question is 546.17 sufficient to authorize the joint powers board to accept the 546.18 grant and to issue the bonds on public sale in accordance with 546.19 chapter 475. The clerk of the joint powers board must certify 546.20 the vote of the bond election to the commissioner. If the 546.21 question is approved by the voters, the commissioner shall 546.22 notify the approved applicant districts that the grant amount 546.23 certified under subdivision 4 is available and appropriated for 546.24 payment under this subdivision. If a majority of those voting 546.25 on the question do not vote in the affirmative, the grant must 546.26 be canceled. 546.27 Subd. 8. [CONTRACT.] Each grant must be evidenced by a 546.28 contract between the board and the state acting through the 546.29 commissioner. The contract obligates the state to pay to the 546.30 board an amount computed according to subdivision 4, and 546.31 according to a schedule, and terms and conditions acceptable to 546.32 the commissioner of finance. 546.33 Subd. 9. [CONSOLIDATION.] A group of districts that 546.34 operates a cooperative secondary facility that was acquired, 546.35 constructed, remodeled, or improved under this section and 546.36 implements consolidation proceedings according to section 547.1 122.23, may propose a temporary school board structure in the 547.2 petition or resolution required under section 122.23, 547.3 subdivision 2. The districts may propose the number of existing 547.4 school board members of each district to become members of the 547.5 board of the consolidated district and a method to gradually 547.6 reduce the membership to six or seven. The proposal must be 547.7 approved, disapproved, or modified by the state board of 547.8 education. The election requirements of section 122.23, 547.9 subdivision 18, do not apply to a proposal approved by the state 547.10 board. Elections conducted after the effective date of the 547.11 consolidation are subject to the Minnesota election law. 547.12 Sec. 56. [124D.194] [LEVY FOR SEVERANCE PAY.] 547.13 A joint powers board established under section 124.494 may 547.14 make a levy to provide severance pay and early retirement 547.15 incentives under section 125.611, for any teacher as defined 547.16 under section 125.12, subdivision 1, who is placed on 547.17 unrequested leave as a result of the cooperative secondary 547.18 facility agreement. A joint powers board making a levy must 547.19 certify to each participating district tax levies sufficient to 547.20 raise the amount necessary to provide the district's portion of 547.21 severance pay and early retirement incentives. The tax levy 547.22 certified to each district must be expressed as a local tax 547.23 rate, that, when applied to the adjusted net tax capacity of all 547.24 of the participating districts raises the amount necessary to 547.25 provide severance pay and early retirement incentives. Each 547.26 participating school district must include the levy in the next 547.27 tax roll which it shall certify to the county auditor, and must 547.28 remit the collections of the levy to the joint powers board. 547.29 Sec. 57. [124D.198] [TRANSPORTATION.] 547.30 The joint powers board representing the districts that have 547.31 entered into a joint powers agreement under section 124.494, 547.32 subdivision 2, or the boards of the districts that are 547.33 contiguous to the districts that have entered into a joint 547.34 powers agreement, may transport nonresident pupils without 547.35 charge between a school within the district and a point within a 547.36 district that has entered into a joint powers agreement chosen 548.1 by the pupil on a route traveled by a bus from the district. 548.2 Sec. 58. [124D.20] [STATE BOND AUTHORIZATION.] 548.3 To provide money for the cooperative secondary facilities 548.4 grant program, the commissioner of finance, upon the request of 548.5 the commissioner of children, families, and learning, shall 548.6 issue and sell bonds of the state up to the amount of 548.7 $14,000,000 in the manner, upon the terms and with the effect 548.8 prescribed by sections 16A.631 to 16A.675 and the Minnesota 548.9 Constitution, article XI, sections 4 to 7. 548.10 Sec. 59. [124D.204] [LUNCH AID; FOOD SERVICE ACCOUNTING.] 548.11 Subdivision 1. [SCHOOL LUNCH AID COMPUTATION.] Each school 548.12 year, the state must pay districts participating in the national 548.13 school lunch program the amount of 6.5 cents for each full paid, 548.14 reduced, and free student lunch served to students in the 548.15 district. 548.16 Subd. 2. [APPLICATION.] School districts shall apply to 548.17 the department for this payment on forms provided by the 548.18 department. 548.19 Subd. 3. [SCHOOL FOOD SERVICE FUND.] (a) The expenses 548.20 described in this subdivision must be recorded as provided in 548.21 this subdivision. 548.22 (b) In each district, the expenses for a school food 548.23 service program for pupils must be attributed to a school food 548.24 service fund. Under a food service program, the school food 548.25 service may prepare or serve milk, meals, or snacks in 548.26 connection with school or community service activities. 548.27 (c) Revenues and expenditures for food service activities 548.28 must be recorded in the food service fund. The costs of 548.29 processing applications, accounting for meals, preparing and 548.30 serving food, providing kitchen custodial services, and other 548.31 expenses involving the preparing of meals or the kitchen section 548.32 of the lunchroom may be charged to the food service fund or to 548.33 the general fund of the district. The costs of lunchroom 548.34 supervision, lunchroom custodial services, lunchroom utilities, 548.35 and other administrative costs of the food service program must 548.36 be charged to the general fund. 549.1 That portion of superintendent and fiscal manager costs 549.2 that can be documented as attributable to the food service 549.3 program may be charged to the food service fund provided that 549.4 the school district does not employ or contract with a food 549.5 service director or other individual who manages the food 549.6 service program, or food service management company. If the 549.7 cost of the superintendent or fiscal manager is charged to the 549.8 food service fund, the charge must be at a wage rate not to 549.9 exceed the statewide average for food service directors as 549.10 determined by the department. 549.11 (d) Capital expenditures for the purchase of food service 549.12 equipment must be made from the capital fund and not the food 549.13 service fund, unless two conditions apply: 549.14 (1) the unreserved balance in the food service fund at the 549.15 end of the last fiscal year is greater than the cost of the 549.16 equipment to be purchased; and 549.17 (2) the department has approved the purchase of the 549.18 equipment. 549.19 (e) If the two conditions set out in paragraph (d) apply, 549.20 the equipment may be purchased from the food service fund. 549.21 (f) If a deficit in the food service fund exists at the end 549.22 of a fiscal year, and the deficit is not eliminated by revenues 549.23 from food service operations in the next fiscal year, then the 549.24 deficit must be eliminated by a permanent fund transfer from the 549.25 general fund at the end of that second fiscal year. However, if 549.26 a district contracts with a food service management company 549.27 during the period in which the deficit has accrued, the deficit 549.28 must be eliminated by a payment from the food service management 549.29 company. 549.30 (g) Notwithstanding paragraph (f), a district may incur a 549.31 deficit in the food service fund for up to three years without 549.32 making the permanent transfer if the district submits to the 549.33 commissioner by January 1 of the second fiscal year a plan for 549.34 eliminating that deficit at the end of the third fiscal year. 549.35 (h) If a surplus in the food service fund exists at the end 549.36 of a fiscal year for three successive years, a district may 550.1 recode for that fiscal year the costs of lunchroom supervision, 550.2 lunchroom custodial services, lunchroom utilities, and other 550.3 administrative costs of the food service program charged to the 550.4 general fund according to paragraph (c) and charge those costs 550.5 to the food service fund in a total amount not to exceed the 550.6 amount of surplus in the food service fund. 550.7 Sec. 60. [124D.208] [LACTOSE REDUCED MILK.] 550.8 If a nonpublic school or district 550.9 (1) receives school lunch aid under section 124.646 or 550.10 participates in the school breakfast program; and 550.11 (2) receives a written request from the parent of a pupil 550.12 who is lactose intolerant, the nonpublic school or school 550.13 district must make available lactose reduced milk; milk 550.14 fortified with lactase in liquid, tablet, granular, or other 550.15 form; or milk to which lactobacillus acidophilus has been added 550.16 for the pupil. Notwithstanding any law, local ordinance, or 550.17 local regulation to the contrary, a school may pour or serve 550.18 portions of any product required by this section from a large 550.19 container of the product at the time and place the pupil is 550.20 being served. 550.21 Sec. 61. [124D.21] [SCHOOL BREAKFAST PROGRAM.] 550.22 Subdivision 1. [PURPOSE.] The purpose of the school 550.23 breakfast program is to provide affordable morning nutrition to 550.24 children so that they can effectively learn. 550.25 Subd. 2. [PROGRAM.] The state school breakfast program 550.26 enables schools participating in the federal School Breakfast 550.27 Program to cover their costs for breakfast. 550.28 Subd. 3. [PROGRAM REIMBURSEMENT.] (a) State funds are 550.29 provided to reimburse school breakfasts. Each school year, the 550.30 state must reimburse schools in the amount of 5.1 cents for each 550.31 fully paid breakfast and for each free and reduced price 550.32 breakfast not eligible for the "severe need" rate. 550.33 (b) In addition to paragraph (a), each school year the 550.34 state must reimburse schools 10.5 cents for each free and 550.35 reduced price breakfast not eligible for the "severe need" rate 550.36 if between 33 and 40 percent of the school lunches served during 551.1 the second preceding school year were served free or at a 551.2 reduced price. 551.3 Sec. 62. [124D.214] [WAIVER; PILOT SCHOOL BREAKFAST 551.4 PROGRAMS.] 551.5 The commissioner shall request a waiver from the United 551.6 States government as necessary to allow pilot school breakfast 551.7 programs to be implemented in districts where no program 551.8 currently exists. The pilot school breakfast program must 551.9 provide students with breakfasts designed to be taken with the 551.10 student and consumed away from the school site. 551.11 Sec. 63. [124D.218] [SCHOOL BREAKFAST INCENTIVE.] 551.12 The commissioner may provide a cash incentive to schools to 551.13 increase participation in school breakfast programs or to 551.14 initiate a school breakfast program if none currently exists. 551.15 Sec. 64. [124D.22] [SCHOOL BREAKFAST PROGRAM.] 551.16 Subdivision 1. [BREAKFAST REQUIRED.] A district must offer 551.17 a school breakfast program in every school building in which at 551.18 least 33 percent of the school lunches served during the second 551.19 preceding school year were served free or at a reduced price. 551.20 Subd. 2. [EXEMPTION.] Subdivision 1 does not apply to a 551.21 school in which fewer than 25 pupils are expected to take part 551.22 in the program. It also does not apply to a district that does 551.23 not participate in the national school lunch program. 551.24 Sec. 65. [124D.224] [MILK PROGRAM.] 551.25 Subdivision 1. [LEGISLATIVE FINDINGS.] The legislature 551.26 finds that for best health and well-being, school children in 551.27 the state should receive at least one serving of milk each day. 551.28 The school milk program established in this section is to 551.29 provide districts in the state with added resources so that all 551.30 kindergarten students in public and nonpublic schools may have 551.31 access to wholesome milk on a daily basis. 551.32 Subd. 2. [ESTABLISHMENT; SCHOOL PARTICIPATION.] Each 551.33 district in the state is encouraged to participate in the 551.34 state-supported school milk program for kindergartners. 551.35 Participating districts must provide one serving of milk on each 551.36 school day to each kindergarten student attending a public or 552.1 nonpublic school in the district. No student is required to 552.2 accept the milk that is provided by the district. The program 552.3 must be promoted and operated under the direction of the 552.4 commissioner or the commissioner's designee. 552.5 Subd. 3. [PROGRAM GUIDELINES; DUTIES OF THE 552.6 COMMISSIONER.] (a) The commissioner shall: 552.7 (1) encourage all districts to participate in the school 552.8 milk program for kindergartners; 552.9 (2) prepare program guidelines, not subject to chapter 14, 552.10 which will effectively and efficiently distribute appropriated 552.11 and donated money to participating districts; and 552.12 (3) seek donations and matching funds from appropriate 552.13 private and public sources. 552.14 (b) Program guidelines may provide for disbursement to 552.15 districts through a mechanism of prepayments or by reimbursement 552.16 for approved program expenses. 552.17 (c) It is suggested that the benefits of the school milk 552.18 program may reach the largest number of kindergarten students if 552.19 districts are allowed to submit annual bids stating the 552.20 per-serving level of support that would be acceptable to the 552.21 district for their participation in the program. The 552.22 commissioner would review all bids received and approve bids in 552.23 sufficient number and value to maximize the provision of milk to 552.24 kindergarten students consistent with available funds. 552.25 Subd. 4. [REIMBURSEMENT.] In accordance with program 552.26 guidelines, the commissioner shall prepay or reimburse 552.27 participating districts for the state share of the district's 552.28 cost for providing milk to kindergarten students. 552.29 Sec. 66. [124D.228] [MINORITY TEACHER INCENTIVES.] 552.30 Subdivision 1. [ELIGIBLE DISTRICT.] A district is eligible 552.31 for reimbursement under this section if the district has: 552.32 (1) a minority enrollment of more than ten percent; or 552.33 (2) a desegregation/integration plan approved by the state 552.34 board of education to provide equal educational opportunities 552.35 for all students. 552.36 Subd. 2. [ELIGIBLE EMPLOYEE.] The following employees are 553.1 eligible for reimbursement under this section: 553.2 (1) a teacher who is a member of a minority group and who 553.3 has not taught in a Minnesota school district during the school 553.4 year before the year the teacher is employed according to this 553.5 section; and 553.6 (2) an aide or an education assistant who is a member of a 553.7 minority group and who has not been employed as an aide or an 553.8 education assistant in a Minnesota school district during the 553.9 school year before the year the aide or education assistant is 553.10 employed according to this section. 553.11 Subd. 3. [REIMBURSEMENT.] Reimbursement must equal 553.12 one-half of the salary and fringe benefits, but not more than 553.13 $20,000. The district must receive reimbursement for each year 553.14 a minority teacher, aide, or education assistant is employed. 553.15 The department must establish application or other procedures 553.16 for districts to obtain the reimbursement. The department must 553.17 not prorate the reimbursement. 553.18 Subd. 4. [MINORITY GROUP.] For the purposes of this 553.19 section, a person is a member of a minority group if the person 553.20 is African American, American Indian, Asian Pacific American, or 553.21 an American of Mexican, Puerto Rican, or Spanish origin or 553.22 ancestry. 553.23 Sec. 67. [124D.23] [STAFF DEVELOPMENT PROGRAM.] 553.24 Subdivision 1. [STAFF DEVELOPMENT COMMITTEE.] A board 553.25 shall use the revenue authorized in section 124A.29 for 553.26 in-service education for programs under section 126.77, 553.27 subdivision 2, or for staff development plans under this 553.28 section. The board must establish a staff development committee 553.29 to develop the plan, assist site decision-making teams in 553.30 developing a site plan consistent with the goals of the plan, 553.31 and evaluate staff development efforts at the site level. A 553.32 majority of the advisory committee must be teachers representing 553.33 various grade levels, subject areas, and special education. The 553.34 advisory committee must also include nonteaching staff, parents, 553.35 and administrators. Districts must report staff development 553.36 results and expenditures to the commissioner in the form and 554.1 manner determined by the commissioner. The expenditure report 554.2 shall include expenditures by the board for district level 554.3 activities and expenditures made by the staff. The report shall 554.4 provide a breakdown of expenditures for (1) curriculum 554.5 development and programs, (2) in-service education, workshops, 554.6 and conferences, and (3) the cost of teachers or substitute 554.7 teachers for staff development purposes. Within each of these 554.8 categories, the report shall also indicate whether the 554.9 expenditures were incurred at the district level or the school 554.10 site level, and whether the school site expenditures were made 554.11 possible by the grants to school sites that demonstrate 554.12 exemplary use of allocated staff development revenue. These 554.13 expenditures are to be reported using the UFARS system. The 554.14 commissioner shall report the staff development expenditure data 554.15 to the education committees of the legislature by February 15 554.16 each year. 554.17 Subd. 2. [CONTENTS OF THE PLAN.] The plan must include the 554.18 staff development outcomes under subdivision 2a, the means to 554.19 achieve the outcomes, and procedures for evaluating progress at 554.20 each school site toward meeting education outcomes. 554.21 Subd. 3. [STAFF DEVELOPMENT OUTCOMES.] The staff 554.22 development committee must adopt a staff development plan for 554.23 improving student achievement of education outcomes. The plan 554.24 must be consistent with education outcomes that the board 554.25 determines. The plan shall include ongoing staff development 554.26 activities that contribute toward continuous improvement in 554.27 achievement of the following goals: 554.28 (1) improve student achievement of state and local 554.29 education standards in all areas of the curriculum; 554.30 (2) effectively meet the needs of a diverse student 554.31 population, including at-risk children, children with 554.32 disabilities, and gifted children, within the regular classroom 554.33 and other settings; 554.34 (3) provide an inclusive curriculum for a racially, 554.35 ethnically, and culturally diverse student population that is 554.36 consistent with the state education diversity rule and the 555.1 district's education diversity plan; 555.2 (4) improve staff ability to collaborate and consult with 555.3 one another and to resolve conflicts; 555.4 (5) effectively teach and model violence prevention policy 555.5 and curriculum that address issues of harassment and teach 555.6 nonviolent alternatives for conflict resolution; and 555.7 (6) provide teachers and other members of site-based 555.8 management teams with appropriate management and financial 555.9 management skills. 555.10 Sec. 68. [124D.234] [EDUCATIONAL EFFECTIVENESS PROGRAM.] 555.11 Subdivision 1. [PROGRAM OUTCOMES.] The outcomes of the 555.12 educational effectiveness program are to: 555.13 (1) increase meaningful parental involvement in site-based 555.14 decision making; 555.15 (2) improve results-oriented instructional processes; 555.16 (3) create flexible school-based organizational structures; 555.17 and 555.18 (4) improve student achievement. 555.19 Subd. 2. [ADVISORY TASK FORCE; PROGRAM IMPLEMENTATION.] 555.20 The commissioner of children, families, and learning shall 555.21 develop and maintain a program of educational effectiveness and 555.22 results-oriented instruction. The commissioner may appoint an 555.23 advisory task force to assist the department of children, 555.24 families, and learning in developing an implementation program 555.25 for providing staff development to school district staff in 555.26 educational effectiveness. The program shall be based on 555.27 established principles of instructional design and the essential 555.28 elements of effective instruction as determined by educational 555.29 research. The program shall take into account the diverse needs 555.30 of the school districts due to such factors as district size and 555.31 location. 555.32 Subd. 3. [EVALUATION AND REPORT.] The commissioner shall 555.33 annually provide for independent evaluation of the effectiveness 555.34 of this section. The evaluation shall measure the extent to 555.35 which the outcomes defined in subdivision 1 are met and the 555.36 cost-effectiveness of any funding for the program. The 556.1 evaluation shall also determine to what extent the program has a 556.2 measurable impact on student achievement at the site level. 556.3 Subd. 4. [EDUCATIONAL EFFECTIVENESS STAFF DEVELOPMENT.] 556.4 The department of children, families, and learning shall provide 556.5 assistance to the school districts in implementing an 556.6 educational effectiveness program. In selecting an agency to 556.7 provide assistance to the school districts, the department shall 556.8 consider such factors as support of the proposal by the 556.9 participating school districts and the extent to which the 556.10 proposal provides for participation by school district staff. 556.11 The department shall evaluate the performance of the service 556.12 providers. The staff development shall be facilitated by 556.13 building level decision-making teams. The staff development 556.14 shall include clarification of individual school missions, 556.15 goals, expectations, enhancement of collaborative planning and 556.16 collegial relationships among the building staff, improvement of 556.17 curriculum, assessment, instructional and organizational skills, 556.18 improvement of financial and management skills, and planning of 556.19 other staff development programs. 556.20 Subd. 5. [SCHOOL IMPROVEMENT INCENTIVE GRANTS.] The state 556.21 board of education shall develop criteria to provide school 556.22 improvement incentive grants to schools sites. The criteria 556.23 must include the extent to which a site has implemented the 556.24 characteristics of the educational effectiveness program and 556.25 demonstrated improvement in student achievement of education 556.26 outcomes. Notwithstanding any law to the contrary, the grant 556.27 must remain under the control of the site decision-making team 556.28 or principal at the site and may be used for any purpose 556.29 determined by the team. A school board may not reduce other 556.30 funding otherwise due the site. A grant may not exceed $60,000 556.31 per site in any fiscal year. 556.32 Sec. 69. [124D.238] [EDUCATIONAL EFFECTIVENESS PLAN.] 556.33 The commissioner of children, families, and learning shall 556.34 develop a comprehensive statewide plan for maintaining and 556.35 improving educational effectiveness in early childhood family 556.36 education programs through secondary education programs. The 557.1 plan shall include provisions for the participation of 557.2 post-secondary teacher preparation programs and early childhood 557.3 family education programs. The plan shall encourage 557.4 implementation of educational effectiveness strategies based on 557.5 research findings in the area, develop in-service programs for 557.6 school district staff, integrate developments in educational 557.7 technology with classroom instruction, and develop a mechanism 557.8 for establishing a statewide network to coordinate and 557.9 disseminate information on research in educational 557.10 effectiveness. The commissioner may employ consultants and 557.11 specialists to assist in the development of the plan, and, to 557.12 the extent possible, shall utilize the information provided by 557.13 the planning, evaluation, and reporting process and the 557.14 statewide assessment program. The plan shall be revised as 557.15 necessary. 557.16 Sec. 70. [124D.24] [DECLARATION OF POLICY.] 557.17 It is the intent of the legislature to provide for 557.18 distribution of educational aids such as textbooks, standardized 557.19 tests and pupil support services so that every school pupil in 557.20 the state will share equitably in education benefits and 557.21 therefore further assure all Minnesota pupils and their parents 557.22 freedom of choice in education. 557.23 Sec. 71. [124D.244] [DEFINITIONS.] 557.24 Subdivision 1. [DEFINITIONS.] As used in sections 123.931 557.25 to 123.947, the terms defined in this section shall have the 557.26 meanings ascribed to them. 557.27 Subd. 2. [TEXTBOOK.] "Textbook" means any book or book 557.28 substitute which a pupil uses as a text or text substitute in a 557.29 particular class or program in the school regularly attended and 557.30 a copy of which is expected to be available for the individual 557.31 use of each pupil in this class or program. The term shall be 557.32 limited to books, workbooks, or manuals, whether bound or in 557.33 loose-leaf form, intended for use as a principal source of study 557.34 material for a given class or a group of students. The term 557.35 includes only such secular, neutral and nonideological textbooks 557.36 as are available, used by, or of benefit to Minnesota public 558.1 school pupils. 558.2 Subd. 3. [STANDARDIZED TESTS.] "Standardized tests" means 558.3 standardized tests and scoring services which are provided by 558.4 commercial publishing organizations or the state and which are 558.5 in use in the public schools of Minnesota to measure the 558.6 progress of pupils in secular subjects. 558.7 Subd. 4. [PUPIL SUPPORT SERVICES.] "Pupil support services" 558.8 means guidance and counseling services and health services. 558.9 Subd. 5. [INDIVIDUALIZED INSTRUCTIONAL OR COOPERATIVE 558.10 LEARNING MATERIALS.] "Individualized instructional or 558.11 cooperative learning materials" means educational materials 558.12 which: 558.13 (a) are designed primarily for individual pupil use or use 558.14 by pupils in a cooperative learning group in a particular class 558.15 or program in the school the pupil regularly attends; 558.16 (b) are secular, neutral, nonideological and not capable of 558.17 diversion for religious use; and 558.18 (c) are available, used by, or of benefit to Minnesota 558.19 public school pupils. 558.20 Subject to the requirements in clauses (a), (b), and (c), 558.21 "individualized instructional or cooperative learning materials" 558.22 include, but are not limited to, the following if they do not 558.23 fall within the definition of "textbook" in subdivision 1b: 558.24 published materials; periodicals; documents; pamphlets; 558.25 photographs; reproductions; pictorial or graphic works; 558.26 prerecorded video programs; prerecorded tapes, cassettes and 558.27 other sound recordings; manipulative materials; desk charts; 558.28 games; study prints and pictures; desk maps; models; learning 558.29 kits; blocks or cubes; flash cards; individualized multimedia 558.30 systems; prepared instructional computer software programs; 558.31 choral and band sheet music; and CD-Rom. 558.32 "Individualized instructional or cooperative learning 558.33 materials" do not include instructional equipment, instructional 558.34 hardware, or ordinary daily consumable classroom supplies. 558.35 Subd. 6. [PUPILS.] "Pupils" means elementary and secondary 558.36 pupils. 559.1 Subd. 7. [ELEMENTARY PUPILS.] "Elementary pupils" means 559.2 pupils in grades kindergarten through 6; provided, each 559.3 kindergarten pupil shall be counted as one-half pupil for all 559.4 computations pursuant to sections 123.931 to 123.937. 559.5 Subd. 8. [SECONDARY PUPILS.] "Secondary pupils" means 559.6 pupils in grades 7 through 12. 559.7 Subd. 9. [NONPUBLIC SCHOOL DEFINED.] "Nonpublic school" 559.8 means any school, church or religious organization, or home 559.9 school wherein a resident of Minnesota may legally fulfill the 559.10 compulsory instruction requirements of section 120.101, which is 559.11 located within the state, and which meets the requirements of 559.12 Title VI of the Civil Rights Act of 1964 (Public Law Number 559.13 88-352). It does not mean a public school. 559.14 Subd. 10. [NONSECTARIAN NONPUBLIC SCHOOL.] "Nonsectarian 559.15 nonpublic school" means any nonpublic school as defined in 559.16 subdivision 3, which is not church related, is not controlled by 559.17 a church, and does not promote a religious belief. 559.18 Subd. 11. [PUPIL OR STUDENT.] "Pupil" or "student" means a 559.19 child enrolled in a school and is limited to children who are 559.20 residents, or children of residents, of Minnesota. 559.21 Subd. 12. [INTERMEDIARY SERVICE AREA.] "Intermediary 559.22 service area" means a school administrative unit approved by the 559.23 commissioner, other than a single school district, including but 559.24 not limited to the following: 559.25 (a) a service cooperative; 559.26 (b) a cooperative of two or more school districts; 559.27 (c) learning centers; or 559.28 (d) an association of schools or school districts. 559.29 Subd. 13. [NEUTRAL SITE.] "Neutral site" means a public 559.30 center, a nonsectarian nonpublic school, a mobile unit located 559.31 off the nonpublic school premises, or any other location off the 559.32 nonpublic school premises which is neither physically nor 559.33 educationally identified with the functions of the nonpublic 559.34 school. 559.35 Subd. 14. [GUIDANCE AND COUNSELING SERVICES.] "Guidance 559.36 and counseling services" means all activities of a licensed 560.1 counselor in counseling pupils and parents, providing counseling 560.2 on learning problems, evaluating the abilities of pupils, 560.3 assisting pupils in personal and social development and 560.4 providing referral assistance. 560.5 Subd. 15. [HEALTH SERVICES.] "Health services" means 560.6 physician, dental, nursing or optometric services and health 560.7 supplies brought to the site by the health professional for 560.8 pupil usage in the field of physical or mental health; provided 560.9 the term does not include direct educational instruction, 560.10 services which are required pursuant to sections 120.17 and 560.11 120.1701, or services which are eligible to receive special 560.12 education aid pursuant to section 124.32. 560.13 Sec. 72. [124D.248] [TEXTBOOKS; INDIVIDUAL INSTRUCTION OR 560.14 COOPERATIVE LEARNING MATERIAL; STANDARD TESTS.] 560.15 Subdivision 1. [PROVISION.] The state board of education 560.16 shall promulgate rules under the provisions of chapter 14 560.17 requiring that in each school year, based upon formal requests 560.18 by or on behalf of nonpublic school pupils in a nonpublic 560.19 school, the local districts or intermediary service areas must 560.20 purchase or otherwise acquire textbooks, individualized 560.21 instructional or cooperative learning materials, and 560.22 standardized tests and loan or provide them for use by children 560.23 enrolled in that nonpublic school. These textbooks, 560.24 individualized instructional or cooperative learning materials, 560.25 and standardized tests must be loaned or provided free to the 560.26 children for the school year for which requested. The loan or 560.27 provision of the textbooks, individualized instructional or 560.28 cooperative learning materials, and standardized tests shall be 560.29 subject to rules prescribed by the state board of education. 560.30 Subd. 2. [TITLE.] The title to textbooks, individualized 560.31 instructional or cooperative learning materials, and 560.32 standardized testing materials must remain in the servicing 560.33 school district or intermediary service area, and possession or 560.34 custody may be granted or charged to administrators of the 560.35 nonpublic school attended by the nonpublic school pupil or 560.36 pupils to whom the textbooks, individualized instructional or 561.1 cooperative learning materials, or standardized tests are loaned 561.2 or provided. 561.3 Subd. 3. [COST; LIMITATION.] (a) The cost per pupil of the 561.4 textbooks, individualized instructional or cooperative learning 561.5 materials, and standardized tests provided for in this section 561.6 for each school year must not exceed the statewide average 561.7 expenditure per pupil, adjusted pursuant to clause (b), by the 561.8 Minnesota public elementary and secondary schools for textbooks, 561.9 individualized instructional materials and standardized tests as 561.10 computed and established by the department by March 1 of the 561.11 preceding school year from the most recent public school year 561.12 data then available. 561.13 (b) The cost computed in clause (a) shall be increased by 561.14 an inflation adjustment equal to the percent of increase in the 561.15 formula allowance, pursuant to section 124A.22, subdivision 2, 561.16 from the second preceding school year to the current school year. 561.17 (c) The commissioner shall allot to the districts or 561.18 intermediary service areas the total cost for each school year 561.19 of providing or loaning the textbooks, individualized 561.20 instructional or cooperative learning materials, and 561.21 standardized tests for the pupils in each nonpublic school. The 561.22 allotment shall not exceed the product of the statewide average 561.23 expenditure per pupil, according to clause (a), adjusted 561.24 pursuant to clause (b), multiplied by the number of nonpublic 561.25 school pupils who make requests pursuant to this section and who 561.26 are enrolled as of September 15 of the current school year. 561.27 Sec. 73. [124D.25] [PROVISION OF PUPIL SUPPORT SERVICES.] 561.28 Subdivision 1. [PROVIDED SERVICES.] The state board of 561.29 education shall promulgate rules under the provisions of chapter 561.30 14 requiring each district or other intermediary service area: 561.31 (a) to provide each year upon formal request by a specific date 561.32 by or on behalf of a nonpublic school pupil enrolled in a 561.33 nonpublic school located in that district or area, the same 561.34 specific health services as are provided for public school 561.35 pupils by the district where the nonpublic school is located; 561.36 and (b) to provide each year upon formal request by a specific 562.1 date by or on behalf of a nonpublic school secondary pupil 562.2 enrolled in a nonpublic school located in that district or area, 562.3 the same specific guidance and counseling services as are 562.4 provided for public school secondary pupils by the district 562.5 where the nonpublic school is located. The district where the 562.6 nonpublic school is located must provide the necessary 562.7 transportation within the district boundaries between the 562.8 nonpublic school and a public school or neutral site for 562.9 nonpublic school pupils who are provided pupil support services 562.10 pursuant to this section. Each request for pupil support 562.11 services must set forth the guidance and counseling or health 562.12 services requested by or on behalf of all eligible nonpublic 562.13 school pupils enrolled in a given nonpublic school. No district 562.14 or intermediary service area must not expend an amount for these 562.15 pupil support services which exceeds the amount allotted to it 562.16 under this section. 562.17 Subd. 2. [LOCATION OF SERVICES.] Health services may be 562.18 provided to nonpublic school pupils pursuant to this section at 562.19 a public school, a neutral site, the nonpublic school or any 562.20 other suitable location. Guidance and counseling services may 562.21 be provided to nonpublic school pupils pursuant to this section 562.22 only at a public school or a neutral site. District or 562.23 intermediary service area personnel and representatives of the 562.24 nonpublic school pupils receiving pupil support services must 562.25 hold an annual consultation regarding the type of services, 562.26 provider of services, and the location of the provision of these 562.27 services. The district board or intermediary service area 562.28 governing board must make the final decision on the location of 562.29 the provision of these services. 562.30 Subd. 3. [GUIDANCE AND COUNSELING; EXCLUSIONS.] Guidance 562.31 and counseling services provided to nonpublic school pupils 562.32 pursuant to this section shall not include the planning or 562.33 selection of particular courses or classroom activities of the 562.34 nonpublic school. 562.35 Subd. 4. [HEALTH SERVICES; ALLOTMENT.] Each school year 562.36 the commissioner shall allot to the school districts or other 563.1 intermediary service areas for the provision of health services 563.2 pursuant to this section the actual cost of the services 563.3 provided for the pupils in each respective nonpublic school for 563.4 that school year. The allotment must not exceed the average 563.5 expenditure per public school pupil for these services by those 563.6 Minnesota public elementary and secondary schools which provide 563.7 health services to public school pupils, multiplied by the 563.8 number of pupils in that particular nonpublic school who request 563.9 these health services and who are enrolled as of September 15 of 563.10 the current school year. 563.11 Subd. 5. [GUIDANCE AND COUNSELING SERVICES; ALLOTMENT.] 563.12 Each school year the commissioner shall allot to the school 563.13 districts or intermediary service areas for the provision of 563.14 guidance and counseling services pursuant to this section the 563.15 actual cost of the services provided for the pupils in each 563.16 respective nonpublic school for that school year. The allotment 563.17 for guidance and counseling services for the secondary pupils in 563.18 each nonpublic school must not exceed the average expenditure 563.19 per public school secondary pupil for these services by those 563.20 Minnesota public schools which provide these services to their 563.21 secondary pupils, multiplied by the number of secondary pupils 563.22 in that particular nonpublic school who request these services 563.23 and who are enrolled as of September 15 of the current school 563.24 year. 563.25 Subd. 6. [COMPUTATION OF MAXIMUM ALLOTMENTS.] For purposes 563.26 of computing maximum allotments for each school year pursuant to 563.27 this section, the average public school expenditure per pupil 563.28 for health services and the average public school expenditure 563.29 per secondary pupil for guidance and counseling services shall 563.30 be computed and established by the department by March 1 of the 563.31 preceding school year from the most recent public school year 563.32 data then available. 563.33 Subd. 7. [NONPUBLIC EDUCATION COUNCIL.] (a) The 563.34 commissioner shall appoint a 15-member council on nonpublic 563.35 education. The 15 members shall represent various areas of the 563.36 state, represent various methods of providing nonpublic 564.1 education, and shall be knowledgeable about nonpublic 564.2 education. The compensation, removal of members, filling of 564.3 vacancies, and terms are governed by section 15.0575. The 564.4 council shall not expire. The council shall advise the 564.5 commissioner and the state board on issues affecting nonpublic 564.6 education and nonpublic schools. The council may recognize 564.7 educational accrediting agencies, for the sole purpose of 564.8 sections 120.101, 120.102, and 120.103. 564.9 (b) A parent or guardian of a nonpublic school pupil or a 564.10 nonpublic school may file a complaint about services provided 564.11 under sections 123.931 to 123.937 with the nonpublic education 564.12 council. The council may review the complaint and make a 564.13 recommendation for resolution to the commissioner. 564.14 Sec. 74. [124D.254] [PAYMENTS FOR CONTRACTUAL 564.15 OBLIGATIONS.] 564.16 The commissioner shall make such payments to school 564.17 districts or intermediary service areas pursuant to sections 564.18 123.931 to 123.937 as are needed to meet contractual obligations 564.19 incurred for the provision of benefits to nonpublic school 564.20 students pursuant to section 123.933 or 123.935. 564.21 Sec. 75. [124D.258] [ADMINISTRATIVE COSTS.] 564.22 Each year, a district or intermediary service area may 564.23 claim and receive from the department an additional sum for the 564.24 administration of sections 123.933 and 123.935, equal to five 564.25 percent of the district's or area's allocation for that year 564.26 pursuant to those sections. 564.27 Sec. 76. [124D.26] [NOTICE TO DISTRICTS; PRORATION.] 564.28 If the appropriation for nonpublic educational aid under 564.29 sections 123.931 to 123.947 is not sufficient to meet the 564.30 required payments in any fiscal year, the department must notify 564.31 the school districts at the earliest possible date of the need 564.32 to prorate the appropriation among the districts. 564.33 Sec. 77. [124D.264] [LIMIT ON DISTRICT OBLIGATIONS.] 564.34 If the amount appropriated for purposes of sections 123.931 564.35 to 123.937 for any year is not sufficient to make the payments 564.36 required pursuant to sections 123.931 to 123.937 for that year, 565.1 then no school district or intermediary service area is required 565.2 to expend an amount pursuant to sections 123.931 to 123.937 for 565.3 that year which exceeds the amount of the payments it receives 565.4 pursuant to sections 123.931 to 123.937 for that year. 565.5 Sec. 78. [124D.268] [USE OF INDIVIDUALIZED INSTRUCTIONAL 565.6 MATERIALS.] 565.7 (a) The commissioner shall assure that textbooks and 565.8 individualized instructional materials loaned to nonpublic 565.9 school pupils are secular, neutral, nonideological and that they 565.10 are incapable of diversion for religious use. 565.11 (b) Textbooks and individualized instructional materials 565.12 must not be used in religious courses, devotional exercises, 565.13 religious training or any other religious activity. 565.14 (c) Textbooks and individualized instructional materials 565.15 must be loaned only to individual pupils upon the request of a 565.16 parent or guardian or the pupil on a form designated for this 565.17 use by the commissioner. The request forms shall provide for 565.18 verification by the parent or guardian or pupil that the 565.19 requested textbooks and individualized instructional materials 565.20 are for the use of the individual pupil in connection with a 565.21 program of instruction in the pupil's elementary or secondary 565.22 school. 565.23 (d) The servicing school district or the intermediary 565.24 service area must take adequate measures to ensure an accurate 565.25 and periodic inventory of all textbooks and individualized 565.26 instructional materials loaned to elementary and secondary 565.27 school pupils attending nonpublic schools. The state board of 565.28 education shall promulgate rules under the provisions of chapter 565.29 14 to terminate the eligibility of any nonpublic school pupil if 565.30 the commissioner determines, after notice and opportunity for 565.31 hearing, that the textbooks or individualized instructional 565.32 materials have been used in a manner contrary to the provisions 565.33 of section 123.932, subdivision 1e, 123.933, or this section or 565.34 any rules promulgated by the state board of education. 565.35 (e) Nothing contained in section 123.932, subdivision 1e, 565.36 123.933, or this section shall be construed to authorize the 566.1 making of any payments to a nonpublic school or its faculty, 566.2 staff or administrators for religious worship or instruction or 566.3 for any other purpose. 566.4 Sec. 79. [124D.27] [TAX AND AID ANTICIPATION BORROWING; 566.5 DEFINITIONS.] 566.6 School district as used in sections 124.71 to 124.76 means 566.7 any school district in the state of Minnesota, however organized 566.8 and wherever located. 566.9 Sec. 80. [124D.274] [APPLICATION OF LIMITING TAX 566.10 LEGISLATION.] 566.11 Notwithstanding the provisions of section 471.69 or section 566.12 471.75, or of any other provision of law which by per capita 566.13 limitation, local tax rate limitation, or otherwise, limits the 566.14 power of a district to incur any debt or to issue any warrant or 566.15 order, a district has the powers in sections 124.71 to 124.76 566.16 specifically conferred upon it and all powers incident and 566.17 necessary to carrying out the purposes of sections 124.71 to 566.18 124.76. 566.19 Sec. 81. [124D.278] [AUTHORITY TO BORROW MONEY; 566.20 LIMITATIONS.] 566.21 Subdivision 1. [BORROWING AUTHORITY.] The board of any 566.22 school district may borrow money upon negotiable tax 566.23 anticipation certificates of indebtedness, in the manner and 566.24 subject to the limitations set forth in sections 124.71 to 566.25 124.76, for the purpose of anticipating general taxes already 566.26 levied by the district for school purposes. The aggregate of 566.27 the borrowing under this subdivision must never exceed 75 566.28 percent of the taxes which are due and payable in the calendar 566.29 year, and as to which taxes no penalty for nonpayment or 566.30 delinquency has attached. In determining the amount of taxes 566.31 due and payable in the calendar year, any amounts paid by the 566.32 state to replace such taxes, whether paid in that calendar year 566.33 or not, must be included. 566.34 Subd. 2. [LIMITATIONS.] The board may also borrow money in 566.35 the manner and subject to the limitations set forth in sections 566.36 124.71 to 124.76 in anticipation of receipt of state aids for 567.1 schools as defined in Minnesota Statutes and of federal school 567.2 aids to be distributed by or through the department. The 567.3 aggregate of such borrowings under this subdivision shall never 567.4 exceed 75 percent of such aids which are receivable by said 567.5 school district in the school year (from July 1 to June 30) in 567.6 which the money is borrowed, as estimated and certified by the 567.7 commissioner. 567.8 Sec. 82. [124D.28] [ENABLING RESOLUTION; FORM OF 567.9 CERTIFICATES OF INDEBTEDNESS.] 567.10 The board may authorize and effect such borrowing, and may 567.11 issue such certificates of indebtedness upon passage of a 567.12 resolution specifying the amount and purposes for which it deems 567.13 such borrowing is necessary. The resolution must be adopted by 567.14 a vote of at least two-thirds of the board members. The board 567.15 must fix the amount, date, maturity, form, denomination, and 567.16 other details of the certificates of indebtedness, not 567.17 inconsistent with this chapter. The board must fix the date and 567.18 place for receipt of bids for the purchase of the certificates 567.19 when bids are required and direct the clerk to give notice of 567.20 the date and place for bidding. 567.21 Sec. 83. [124D.284] [REPAYMENT; MATURITY DATE OF 567.22 CERTIFICATES; INTEREST.] 567.23 The proceeds of the current tax levies and future state aid 567.24 receipts or other school funds which may become available must 567.25 be applied to the extent necessary to repay such certificates 567.26 and the full faith and credit of the district shall be pledged 567.27 to payment of the certificates. Certificates issued in 567.28 anticipation of receipt of aids shall mature not later than the 567.29 anticipated date of receipt of the aids as estimated by the 567.30 commissioner, but in no event later than three months after the 567.31 close of the school year in which issued. Certificates issued 567.32 in anticipation of receipt of taxes shall mature not later than 567.33 the anticipated date of receipt in full of the taxes, but in no 567.34 event later than three months after the close of the calendar 567.35 year in which issued. The certificates must be sold at not less 567.36 than par. The certificates must bear interest after maturity 568.1 until paid at the rate they bore before maturity and any 568.2 interest accruing before or after maturity must be paid from any 568.3 available school funds. 568.4 Sec. 84. [124D.288] [STATE PAYMENT OF DEBT OBLIGATION UPON 568.5 POTENTIAL DEFAULT; REPAYMENT; STATE OBLIGATION NET DEBT.] 568.6 Subdivision 1. [DEFINITIONS.] For the purposes of this 568.7 section, the term "debt obligation" means either a tax or aid 568.8 anticipation certificate of indebtedness or a general obligation 568.9 bond. 568.10 Subd. 2. [NOTIFICATIONS; PAYMENT; APPROPRIATION.] (a) If a 568.11 district believes that it may be unable to make a principal or 568.12 interest payment on any outstanding debt obligation on the date 568.13 that payment is due, it must notify the commissioner as soon as 568.14 possible, but not less than 15 working days before the date that 568.15 principal or interest payment is due. The notice must include 568.16 the name of the district, an identification of the debt 568.17 obligation issue in question, the date the payment is due, the 568.18 amount of principal and interest due on the payment date, the 568.19 amount of principal or interest that the district will be unable 568.20 to repay on that date, the paying agent for the debt obligation, 568.21 the wire transfer instructions to transfer funds to that paying 568.22 agent, and an indication as to whether a payment is being 568.23 requested by the district under this section. If a paying agent 568.24 becomes aware of a potential default, it shall inform the 568.25 commissioner of that fact. After receipt of a notice which 568.26 requests a payment under this section, after consultation with 568.27 the district and the paying agent, and after verification of the 568.28 accuracy of the information provided, the commissioner shall 568.29 notify the commissioner of finance of the potential default. 568.30 The notice must include a final figure as to the amount due that 568.31 the district will be unable to repay on the date due. 568.32 (b) Except as provided in subdivision 9, upon receipt of 568.33 this notice from the commissioner, the commissioner of finance 568.34 shall issue a warrant and authorize the commissioner to pay to 568.35 the paying agent for the debt obligation the specified amount on 568.36 or before the date due. The amounts needed for the purposes of 569.1 this subdivision are annually appropriated to the department 569.2 from the state general fund. 569.3 (c) The departments of children, families, and learning and 569.4 finance must jointly develop detailed procedures for districts 569.5 to notify the state that they have obligated themselves to be 569.6 bound by the provisions of this section, procedures for 569.7 districts and paying agents to notify the state of potential 569.8 defaults and to request state payment under this section, and 569.9 procedures for the state to expedite payments to prevent 569.10 defaults. The procedures are not subject to chapter 14. 569.11 Subd. 3. [SCHOOL DISTRICT BOUND; INTEREST RATE ON STATE 569.12 PAID AMOUNT.] If, at the request of a district, the state has 569.13 paid part or all of the principal or interest due on a 569.14 district's debt obligation on a specific date, the district is 569.15 bound by all provisions of this section and the amount paid 569.16 shall bear taxable interest from the date paid until the date of 569.17 repayment at the state treasurer's invested cash rate as it is 569.18 certified by the commissioner of finance. Interest shall only 569.19 accrue on the amounts paid and outstanding less the reduction in 569.20 aid under subdivision 4 and other payments received from the 569.21 district. 569.22 Subd. 4. [PLEDGE OF DISTRICT'S FULL FAITH AND CREDIT.] If, 569.23 at the request of a district, the state has paid part or all of 569.24 the principal or interest due on a district's debt obligation on 569.25 a specific date, the pledge of the full faith and credit and 569.26 unlimited taxing powers of the district to repay the principal 569.27 and interest due on those debt obligations shall also, without 569.28 an election or the requirement of a further authorization, 569.29 become a pledge of the full faith and credit and unlimited 569.30 taxing powers of the district to repay to the state the amount 569.31 paid, with interest. Amounts paid by the state must be repaid 569.32 in the order in which the state payments were made. 569.33 Subd. 5. [AID REDUCTION FOR REPAYMENT.] Except as provided 569.34 in this subdivision, the state must reduce the state aid payable 569.35 to the district under chapters 124, 124A, and 273, according to 569.36 the schedule in section 124.155, subdivision 2, by the amount 570.1 paid by the state under this section on behalf of the district, 570.2 plus the interest due on it, and the amount reduced must revert 570.3 from the appropriate account to the state general fund. 570.4 Payments from the school endowment fund or any federal aid 570.5 payments shall not be reduced. If, after review of the 570.6 financial situation of the district, the commissioner advises 570.7 the commissioner of finance that a total reduction of the aids 570.8 would cause an undue hardship on or an undue disruption of the 570.9 educational program of the district, the commissioner, with the 570.10 approval of the commissioner of finance, may establish a 570.11 different schedule for reduction of those aids to repay the 570.12 state. The amount of aids to be reduced are decreased by any 570.13 amounts repaid to the state by the school district from other 570.14 revenue sources. 570.15 Subd. 6. [TAX LEVY FOR REPAYMENT.] (a) With the approval 570.16 of the commissioner, a district may levy in the year the state 570.17 makes a payment under this section an amount up to the amount 570.18 necessary to provide funds for the repayment of the amount paid 570.19 by the state plus interest through the date of estimated 570.20 repayment by the district. The proceeds of this levy may be 570.21 used only for this purpose unless they are in excess of the 570.22 amount actually due, in which case the excess shall be used to 570.23 repay other state payments made under this section or shall be 570.24 deposited in the debt redemption fund of the district. This 570.25 levy shall be an increase in the levy limits of the district for 570.26 purposes of section 275.065, subdivision 6. The amount of aids 570.27 to be reduced to repay the state shall be decreased by the 570.28 amount levied. This levy by the district is not eligible for 570.29 debt service equalization under section 124.95. 570.30 (b) If the state is not repaid in full for a payment made 570.31 under this section by November 30 of the calendar year following 570.32 the year in which the state makes the payment, the commissioner 570.33 shall require the district to certify a property tax levy in an 570.34 amount up to the amount necessary to provide funds for repayment 570.35 of the amount paid by the state plus interest through the date 570.36 of estimated repayment by the district. To prevent undue 571.1 hardship, the commissioner may allow the district to certify the 571.2 levy over a five-year period. The proceeds of the levy may be 571.3 used only for this purpose unless they are in excess of the 571.4 amount actually due, in which case the excess shall be used to 571.5 repay other state payments made under this section or shall be 571.6 deposited in the debt redemption fund of the district. This 571.7 levy shall be an increase in the levy limits of the school 571.8 district for purposes of section 275.065, subdivision 6. If the 571.9 commissioner orders the district to levy, the amount of aids 571.10 reduced to repay the state shall be decreased by the amount 571.11 levied. This levy by the district is not eligible for debt 571.12 service equalization under section 124.95 or any successor 571.13 provision. A levy under this subdivision must be explained as a 571.14 specific increase at the meeting required under section 275.065, 571.15 subdivision 6. 571.16 Subd. 7. [ELECTION AS TO MANDATORY APPLICATION.] A 571.17 district may covenant and obligate itself, prior to the issuance 571.18 of an issue of debt obligations, to notify the commissioner of a 571.19 potential default and to use the provisions of this section to 571.20 guarantee payment of the principal and interest on those debt 571.21 obligations when due. If the district obligates itself to be 571.22 bound by this section, it must covenant in the resolution that 571.23 authorizes the issuance of the debt obligations to deposit with 571.24 the paying agent three business days prior to the date on which 571.25 a payment is due an amount sufficient to make that payment or to 571.26 notify the commissioner under subdivision 1 that it will be 571.27 unable to make all or a portion of that payment. A district 571.28 that has obligated itself must include a provision in its 571.29 agreement with the paying agent for that issue that requires the 571.30 paying agent to inform the commissioner if it becomes aware of a 571.31 potential default in the payment of principal or interest on 571.32 that issue or if, on the day two business days prior to the date 571.33 a payment is due on that issue, there are insufficient funds to 571.34 make the payment on deposit with the paying agent. If a 571.35 district either covenants to be bound by this section or accepts 571.36 state payments under this section to prevent a default of a 572.1 particular issue of debt obligations, the provisions of this 572.2 section shall be binding as to that issue as long as any debt 572.3 obligation of that issue remain outstanding. If the provisions 572.4 of this section are or become binding for more than one issue of 572.5 debt obligations and a district is unable to make payments on 572.6 one or more of those issues, the district must continue to make 572.7 payments on the remaining issues. 572.8 Subd. 8. [MANDATORY PLAN; TECHNICAL ASSISTANCE.] If the 572.9 state makes payments on behalf of a district under this section 572.10 or the district defaults in the payment of principal or interest 572.11 on an outstanding debt obligation, it must submit a plan to the 572.12 commissioner for approval specifying the measures it intends to 572.13 implement to resolve the issues which led to its inability to 572.14 make the payment and to prevent further defaults. The 572.15 department must provide technical assistance to the district in 572.16 preparing its plan. If the commissioner determines that a 572.17 district's plan is not adequate, the commissioner shall notify 572.18 the district that the plan has been disapproved, the reasons for 572.19 the disapproval, and that the state shall not make future 572.20 payments under this section for debt obligations issued after 572.21 the date specified in that notice until its plan is approved. 572.22 The commissioner may also notify the district that until its 572.23 plan is approved, other aids due the district will be withheld 572.24 after a date specified in the notice. 572.25 Subd. 9. [STATE BOND RATING.] If the commissioner of 572.26 finance determines that the credit rating of the state would be 572.27 adversely affected thereby, the commissioner of finance shall 572.28 not issue warrants under subdivision 2 for the payment of 572.29 principal or interest on any debt obligations for which a 572.30 district did not, prior to their issuance, obligate itself to be 572.31 bound by the provisions of this section. 572.32 Sec. 85. [124D.29] [SALE OF CERTIFICATES; DISBURSEMENT OF 572.33 PROCEEDS.] 572.34 Subdivision 1. [PUBLIC SALE.] The clerk of the board shall 572.35 give notice of the proposed sale as required by chapter 475. At 572.36 the time and place so fixed, such certificates may be sold by 573.1 the board, or its officers if authorized by the board, to the 573.2 bidder who will agree to purchase the same on terms deemed most 573.3 favorable to the district. Such certificates shall be executed 573.4 and delivered as required by chapter 475. The money so received 573.5 shall be disbursed solely for the purposes for which such taxes 573.6 are levied or aids are receivable. The purchaser of such 573.7 certificates shall not be obligated to see to such application 573.8 of the proceeds. 573.9 Subd. 2. [PUBLIC SALE EXCEPTION.] Public sale of tax and 573.10 aid anticipation certificates of indebtedness according to 573.11 subdivision 1 shall not be required (1) if the proposed 573.12 borrowing is in an amount less than $400,000, and if the sum of 573.13 all outstanding tax and aid anticipation certificates issued by 573.14 the board within the preceding six months does not exceed 573.15 $400,000 or, (2) if the certificates mature no later than 13 573.16 months after their date of issue. If no public sale is held, 573.17 the certificates of indebtedness may be sold in accordance with 573.18 the most favorable of two or more proposals solicited privately 573.19 or the interest rates may be determined by direct negotiation. 573.20 Sec. 86. [124D.294] [BUILDING CONSTRUCTION DOWN PAYMENT 573.21 PROGRAM.] 573.22 Subdivision 1. [CREATION OF A DOWN PAYMENT ACCOUNT.] A 573.23 district may create a down payment account as a separate account 573.24 in its construction fund. All proceeds from the down payment 573.25 levy must be deposited in the capital expenditure fund and 573.26 transferred to this account. Interest income attributable to 573.27 the down payment account must be credited to the account. 573.28 Subd. 2. [USES OF THE ACCOUNT.] Money in the down payment 573.29 account must be used as a down payment for the future costs of 573.30 acquisition and betterment for a project that has been reviewed 573.31 under section 121.15 and has been approved according to 573.32 subdivision 3. 573.33 Subd. 3. [FACILITIES DOWN PAYMENT LEVY REFERENDUM.] A 573.34 district may levy the local tax rate approved by a majority of 573.35 the electors voting on the question to provide funds for a down 573.36 payment for an approved project. The election must take place 574.1 no more than five years before the estimated date of 574.2 commencement of the project. The referendum must be held on a 574.3 date set by the board. A referendum for a project not receiving 574.4 a positive review and comment by the commissioner under section 574.5 121.15 must be approved by at least 60 percent of the voters at 574.6 the election. The referendum may be called by the school board 574.7 and may be held: 574.8 (1) separately, before an election for the issuance of 574.9 obligations for the project under chapter 475; or 574.10 (2) in conjunction with an election for the issuance of 574.11 obligations for the project under chapter 475; or 574.12 (3) notwithstanding section 475.59, as a conjunctive 574.13 question authorizing both the down payment levy and the issuance 574.14 of obligations for the project under chapter 475. Any 574.15 obligations authorized for a project may be issued within five 574.16 years of the date of the election. 574.17 The ballot must provide a general description of the 574.18 proposed project, state the estimated total cost of the project, 574.19 state whether the project has received a positive or negative 574.20 review and comment from the commissioner, state the maximum 574.21 amount of the down payment levy as a percentage of net tax 574.22 capacity, state the amount that will be raised by that local tax 574.23 rate in the first year it is to be levied, and state the maximum 574.24 number of years that the levy authorization will apply. 574.25 The ballot must contain a textual portion with the 574.26 information required in this section and a question stating 574.27 substantially the following: 574.28 "Shall the down payment levy proposed by the board of 574.29 .......... School District No. .......... be approved?" 574.30 If approved, the amount provided by the approved local tax 574.31 rate applied to the net tax capacity for the year preceding the 574.32 year the levy is certified may be certified for the number of 574.33 years approved. 574.34 In the event a conjunctive question proposes to authorize 574.35 both the down payment levy and the issuance of obligations for 574.36 the project, appropriate language authorizing the issuance of 575.1 obligations must also be included in the question. 575.2 The district must notify the commissioner of the results of 575.3 the referendum. 575.4 Subd. 4. [EXCESS BUILDING CONSTRUCTION FUND LEVY 575.5 PROCEEDS.] Any funds remaining in the down payment account that 575.6 are not applied to the payment of the costs of the approved 575.7 project before its final completion must be transferred to the 575.8 district's debt redemption fund. 575.9 Sec. 87. [124D.298] [HEALTH, SAFETY, AND ENVIRONMENTAL 575.10 MANAGEMENT.] 575.11 "Health, safety, and environmental management" means school 575.12 district activities necessary for a district's compliance with 575.13 state law and rules of the departments of health, labor and 575.14 industry, public safety, and pollution control agency as well as 575.15 any related federal standards. These activities include hazard 575.16 assessment, required training, record keeping, and program 575.17 management. 575.18 Sec. 88. [124D.30] [CAPITAL EXPENDITURE; HEALTH AND 575.19 SAFETY.] 575.20 Subdivision 1. [HEALTH AND SAFETY PROGRAM.] To receive 575.21 health and safety revenue for any fiscal year a district must 575.22 submit to the commissioner an application for aid and levy by 575.23 the date determined by the commissioner. The application may be 575.24 for hazardous substance removal, fire and life safety code 575.25 repairs, labor and industry regulated facility and equipment 575.26 violations, and health, safety, and environmental management. 575.27 The application must include a health and safety program adopted 575.28 by the school district board. The program must include the 575.29 estimated cost, per building, of the program by fiscal year. 575.30 Subd. 2. [CONTENTS OF PROGRAM.] A district must adopt a 575.31 health and safety program. The program must include plans, 575.32 where applicable, for hazardous substance removal, fire and life 575.33 safety code repairs, regulated facility and equipment 575.34 violations, and health, safety, and environmental management. 575.35 (a) A hazardous substance plan must contain provisions for 575.36 the removal or encapsulation of asbestos from school buildings 576.1 or property, asbestos-related repairs, cleanup and disposal of 576.2 polychlorinated biphenyls found in school buildings or property, 576.3 and cleanup, removal, disposal, and repairs related to storing 576.4 heating fuel or transportation fuels such as alcohol, gasoline, 576.5 fuel, oil, and special fuel, as defined in section 296.01. If a 576.6 district has already developed a plan for the removal or 576.7 encapsulation of asbestos as required by the federal Asbestos 576.8 Hazard Emergency Response Act of 1986, the district may use a 576.9 summary of that plan, which includes a description and schedule 576.10 of response actions, for purposes of this section. The plan 576.11 must also contain provisions to make modifications to existing 576.12 facilities and equipment necessary to limit personal exposure to 576.13 hazardous substances, as regulated by the federal Occupational 576.14 Safety and Health Administration under Code of Federal 576.15 Regulations, title 29, part 1910, subpart Z; or is determined by 576.16 the commissioner to present a significant risk to district staff 576.17 or student health and safety as a result of foreseeable use, 576.18 handling, accidental spill, exposure, or contamination. 576.19 (b) A fire and life safety plan must contain a description 576.20 of the current fire and life safety code violations, a plan for 576.21 the removal or repair of the fire and life safety hazard, and a 576.22 description of safety preparation and awareness procedures to be 576.23 followed until the hazard is fully corrected. 576.24 (c) A facilities and equipment violation plan must contain 576.25 provisions to correct health and safety hazards as provided in 576.26 department of labor and industry standards pursuant to section 576.27 182.655. 576.28 (d) A health, safety, and environmental management plan 576.29 must contain a description of training, record keeping, hazard 576.30 assessment, and program management as defined in section 124.829. 576.31 (e) A plan to test for and mitigate radon produced hazards. 576.32 Subd. 3. [HEALTH AND SAFETY REVENUE.] A district's health 576.33 and safety revenue for a fiscal year equals: 576.34 (1) the sum of (a) the total approved cost of the 576.35 district's hazardous substance plan for fiscal years 1985 576.36 through 1989, plus (b) the total approved cost of the district's 577.1 health and safety program for fiscal year 1990 through the 577.2 fiscal year to which the levy is attributable, minus 577.3 (2) the sum of (a) the district's total hazardous substance 577.4 aid and levy for fiscal years 1985 through 1989 under sections 577.5 124.245 and 275.125, subdivision 11c, plus (b) the district's 577.6 health and safety revenue under this subdivision, for years 577.7 before the fiscal year to which the levy is attributable, plus 577.8 (c) the amount of other federal, state, or local receipts for 577.9 the district's hazardous substance or health and safety programs 577.10 for fiscal year 1985 through the fiscal year to which the levy 577.11 is attributable. 577.12 Subd. 4. [HEALTH AND SAFETY LEVY.] To receive health and 577.13 safety revenue, a district may levy an amount equal to the 577.14 district's health and safety revenue as defined in subdivision 3 577.15 multiplied by the lesser of one, or the ratio of the quotient 577.16 derived by dividing the adjusted net tax capacity of the 577.17 district for the year preceding the year the levy is certified 577.18 by the actual pupil units in the district for the school year to 577.19 which the levy is attributable, to $4,707.50. 577.20 Subd. 5. [HEALTH AND SAFETY AID.] A district's health and 577.21 safety aid is the difference between its health and safety 577.22 revenue and its health and safety levy. If a district does not 577.23 levy the entire amount permitted, health and safety aid must be 577.24 reduced in proportion to the actual amount levied. Health and 577.25 safety aid may not be reduced as a result of reducing a 577.26 district's health and safety levy according to section 121.912. 577.27 Subd. 6. [USES OF HEALTH AND SAFETY REVENUE.] Health and 577.28 safety revenue may be used only for approved expenditures 577.29 necessary to correct fire safety hazards, life safety hazards, 577.30 or for the removal or encapsulation of asbestos from school 577.31 buildings or property, asbestos-related repairs, cleanup and 577.32 disposal of polychlorinated biphenyls found in school buildings 577.33 or property, or the cleanup, removal, disposal, and repairs 577.34 related to storing heating fuel or transportation fuels such as 577.35 alcohol, gasoline, fuel oil, and special fuel, as defined in 577.36 section 296.01, labor and industry regulated facility and 578.1 equipment hazards, and health, safety, and environmental 578.2 management. Health and safety revenue must not be used for the 578.3 construction of new facilities or the purchase of portable 578.4 classrooms. The revenue may not be used for a building or 578.5 property or part of a building or property used for 578.6 post-secondary instruction or administration or for a purpose 578.7 unrelated to elementary and secondary education. 578.8 Subd. 7. [PRORATION.] In the event that the health and 578.9 safety aid available for any year is prorated, a district having 578.10 its aid prorated may levy an additional amount equal to the 578.11 amount not paid by the state due to proration. 578.12 Subd. 8. [HEALTH, SAFETY, AND ENVIRONMENTAL MANAGEMENT 578.13 COST.] (a) A district's cost for health, safety, and 578.14 environmental management is limited to the lesser of: 578.15 (1) actual cost to implement their plan; or 578.16 (2) an amount determined by the commissioner, based on 578.17 enrollment, building age, and size. 578.18 (b) Effective July 1, 1993, the department may contract 578.19 with regional service organizations, private contractors, 578.20 Minnesota safety council, or state agencies to provide 578.21 management assistance to school districts for health and safety 578.22 capital projects. Management assistance is the development of 578.23 written programs for the identification, recognition and control 578.24 of hazards, and prioritization and scheduling of district health 578.25 and safety capital projects. 578.26 (c) Notwithstanding paragraph (b), the department may 578.27 approve revenue, up to the limit defined in paragraph (a) for 578.28 districts having an approved health, safety, and environmental 578.29 management plan that uses district staff to accomplish 578.30 coordination and provided services. 578.31 Sec. 89. [124D.304] [HANDICAPPED ACCESS AND FIRE SAFETY 578.32 IMPROVEMENTS TO SCHOOL BUILDINGS.] 578.33 Subdivision 1. [REMOVAL OF ARCHITECTURAL BARRIERS.] If a 578.34 board has insufficient money in its capital expenditure fund to 578.35 remove architectural barriers from a building it owns in order 578.36 to allow a pupil to attend a school in the pupil's attendance 579.1 area or to meet the needs of an employee with a disability, a 579.2 district may submit an application to the commissioner 579.3 containing at least the following: 579.4 (1) program modifications that the board considered, such 579.5 as relocating classrooms, providing an accessible unisex 579.6 bathroom, providing alternative library resources, or using 579.7 special equipment, such as bookcarts, and the reasons the 579.8 modifications were not feasible; 579.9 (2) a description of the proposed building modifications 579.10 and the cost of the modifications; and 579.11 (3) the age and market value of the building. 579.12 Individuals developing an application for a district shall 579.13 complete a workshop, developed jointly by the commissioner and 579.14 the council on disability, about access criteria. 579.15 In consultation with the council on disability, the 579.16 commissioner shall develop criteria to determine the 579.17 cost-effectiveness of removing barriers in older buildings. 579.18 The commissioner shall approve or disapprove an application 579.19 within 60 days of receiving it. 579.20 Subd. 2. [FIRE SAFETY MODIFICATIONS.] If a district has 579.21 insufficient money in its capital expenditure fund to make 579.22 modifications to a school building required by a fire inspection 579.23 conducted according to section 121.1502, the district may submit 579.24 an application to the commissioner containing information 579.25 required by the commissioner. The commissioner shall approve or 579.26 disapprove of the application according to criteria established 579.27 by the commissioner. The criteria shall take into consideration 579.28 the cost-effectiveness of making modifications to older 579.29 buildings. 579.30 Subd. 3. [LEVY AUTHORITY.] The district may levy up to 579.31 $300,000 under this section, as approved by the commissioner. 579.32 The approved amount may be levied over eight or fewer years. 579.33 Subd. 4. [LEVY AUTHORITY IN COMBINED DISTRICTS.] 579.34 Notwithstanding subdivision 3, a district that has combined or 579.35 consolidated may levy up to 50 percent times $300,000 times the 579.36 number of former districts that operated on June 30, 1991, in 580.1 the area that now makes up the combined or consolidated 580.2 district. The approved amount is reduced by any amount levied 580.3 under subdivision 3 in the consolidated or combined district or 580.4 in the former districts that make up the consolidated or 580.5 combined district. Levy authority under this subdivision 580.6 expires at the same time as levy authority under subdivision 3. 580.7 Sec. 90. [124D.308] [ENERGY EFFICIENCY PROJECTS.] 580.8 Subdivision 1. [DEFINITIONS.] The definitions in this 580.9 subdivision apply to this section. 580.10 (a) "Energy conservation measure" means a training program 580.11 or facility alteration designed to reduce energy consumption or 580.12 operating costs and includes: 580.13 (1) insulation of the building structure and systems within 580.14 the building; 580.15 (2) storm windows and doors, caulking or weatherstripping, 580.16 multiglazed windows and doors, heat absorbing or heat reflective 580.17 glazed and coated window and door systems, additional glazing, 580.18 reductions in glass area, and other window and door system 580.19 modifications that reduce energy consumption; 580.20 (3) automatic energy control systems; 580.21 (4) heating, ventilating, or air conditioning system 580.22 modifications or replacements; 580.23 (5) replacement or modifications of lighting fixtures to 580.24 increase the energy efficiency of the lighting system without 580.25 increasing the overall illumination of a facility, unless such 580.26 increase in illumination is necessary to conform to the 580.27 applicable state or local building code for the lighting system 580.28 after the proposed modifications are made; 580.29 (6) energy recovery systems; 580.30 (7) cogeneration systems that produce steam or forms of 580.31 energy such as heat, as well as electricity, for use primarily 580.32 within a building or complex of buildings; 580.33 (8) energy conservation measures that provide long-term 580.34 operating cost reductions. 580.35 (b) "Guaranteed energy savings contract" means a contract 580.36 for the evaluation and recommendations of energy conservation 581.1 measures, and for one or more energy conservation measures. The 581.2 contract must provide that all payments, except obligations on 581.3 termination of the contract before its expiration, are to be 581.4 made over time, but not to exceed 15 years from the date of 581.5 final installation, and the savings are guaranteed to the extent 581.6 necessary to make payments for the systems. 581.7 (c) "Qualified provider" means a person or business 581.8 experienced in the design, implementation, and installation of 581.9 energy conservation measures. A qualified provider to whom the 581.10 contract is awarded shall give a sufficient bond to the school 581.11 district for its faithful performance. 581.12 (d) "Commissioner" means the commissioner of public service. 581.13 Subd. 2. [ENERGY EFFICIENCY CONTRACT.] (a) Notwithstanding 581.14 any law to the contrary, a school district may enter into a 581.15 guaranteed energy savings contract with a qualified provider to 581.16 significantly reduce energy or operating costs. 581.17 (b) Before entering into a contract under this subdivision, 581.18 the board must comply with clauses (1) to (5). 581.19 (1) The board must seek proposals from multiple qualified 581.20 providers by publishing notice of the proposed guaranteed energy 581.21 savings contract in the board's official newspaper and in other 581.22 publications if the board determines that additional publication 581.23 is necessary to notify multiple qualified providers. 581.24 (2) The board must select the qualified provider that best 581.25 meets the needs of the board. The board must provide public 581.26 notice of the meeting at which it will select the qualified 581.27 provider. 581.28 (3) The contract between the board and the qualified 581.29 provider must describe the methods that will be used to 581.30 calculate the costs of the contract and the operational and 581.31 energy savings attributable to the contract. 581.32 (4) The qualified provider shall issue a report to the 581.33 board giving a description of all costs of installations, 581.34 modifications, or remodeling, including costs of design, 581.35 engineering, installation, maintenance, repairs, or debt 581.36 service, and giving detailed calculations of the amounts by 582.1 which energy or operating costs will be reduced and the 582.2 projected payback schedule in years. 582.3 (5) The board must provide published notice of the meeting 582.4 in which it proposes to award the contract, the names of the 582.5 parties to the proposed contract, and the contract's purpose. 582.6 Subd. 3. [EVALUATION BY COMMISSIONER.] Upon request of the 582.7 board, the commissioner of public service shall review the 582.8 report required in subdivision 2 and provide an evaluation to 582.9 the board on the proposed contract within 15 working days of 582.10 receiving the report. In evaluating the proposed contract, the 582.11 commissioner shall determine whether the detailed calculations 582.12 of the costs and of the energy and operating savings are 582.13 accurate and reasonable. The commissioner may request 582.14 additional information about a proposed contract as the 582.15 commissioner deems necessary. If the commissioner requests 582.16 additional information, the commissioner shall not be required 582.17 to submit an evaluation to the board within fewer than ten 582.18 working days of receiving the requested information. 582.19 Subd. 4. [REVIEW OF SAVINGS UNDER CONTRACT.] Upon request 582.20 of the board, the commissioner shall conduct a review of the 582.21 energy and operating cost savings realized under a guaranteed 582.22 energy savings contract every three years during the period a 582.23 contract is in effect. The commissioner shall compare the 582.24 savings realized under the contract during the period under 582.25 review with the calculations of savings included in the report 582.26 required under subdivision 2 and provide an evaluation to the 582.27 board concerning the performance of the system and the accuracy 582.28 and reasonableness of the claimed energy and operating cost 582.29 savings. 582.30 Subd. 5. [PAYMENT OF REVIEW EXPENSES.] The commissioner of 582.31 public service may charge a district requesting services under 582.32 subdivisions 2a and 2b actual costs incurred by the department 582.33 of public service while conducting the review, or one-half 582.34 percent of the total identified project cost, whichever is 582.35 less. Before conducting the review, the commissioner shall 582.36 notify a district requesting review services that expenses will 583.1 be charged to the district. The commissioner shall bill the 583.2 district upon completion of the contract review. Money 583.3 collected by the commissioner under this subdivision must be 583.4 deposited in the general fund. A district may include the cost 583.5 of a review by the commissioner under subdivision 2a in a 583.6 contract made pursuant to this section. 583.7 Subd. 6. [CONTRACT PROVISIONS.] Guaranteed energy savings 583.8 contracts that include a written guarantee that savings will 583.9 meet or exceed the cost of energy conservation measures is not 583.10 subject to competitive bidding requirements. The contract is 583.11 not subject to section 123.37 or 471.345. 583.12 Subd. 7. [DISTRICT ACTION.] A district may enter into a 583.13 guaranteed energy savings contract with a qualified provider if, 583.14 after review of the report and the commissioner's evaluation if 583.15 requested, the board finds that the amount it would spend on the 583.16 energy conservation measures recommended in the report is not 583.17 likely to exceed the amount to be saved in energy and operation 583.18 costs over 15 years from the date of installation if the 583.19 recommendations in the report were followed, and the qualified 583.20 provider provides a written guarantee that the energy or 583.21 operating cost savings will meet or exceed the costs of the 583.22 system. The guaranteed energy savings contract may provide for 583.23 payments over a period of time, not to exceed 15 years. 583.24 Notwithstanding section 121.912, a district annually may 583.25 transfer from the general fund to the capital expenditure fund 583.26 an amount up to the amount saved in energy and operation costs 583.27 as a result of guaranteed energy savings contracts. 583.28 Subd. 8. [INSTALLATION CONTRACTS.] A district may enter 583.29 into an installment payment contract for the purchase and 583.30 installation of energy conservation measures. The contract must 583.31 provide for payments of not less than 1/15 of the price to be 583.32 paid within two years from the date of the first operation, and 583.33 the remaining costs to be paid monthly, not to exceed a 15-year 583.34 term from the date of the first operation. 583.35 Subd. 9. [CONTRACT CONTINUANCE.] Guaranteed energy savings 583.36 contracts may extend beyond the fiscal year in which they become 584.1 effective. The district must include in its annual 584.2 appropriations measure for each later fiscal year any amounts 584.3 payable under guaranteed energy savings contracts during the 584.4 year. Failure of a board to make such an appropriation does not 584.5 affect the validity of the guaranteed energy savings contract or 584.6 the district's obligations under the contracts. 584.7 Subd. 10. [PUBLIC INFORMATION.] A guaranteed energy 584.8 savings contract must provide that all work plans and other 584.9 information prepared by the qualified provider in relation to 584.10 the project, including a detailed description of the project, 584.11 are public data after the contract is entered into. Information 584.12 defined as trade secret information under section 13.37, 584.13 subdivision 1, shall remain nonpublic data. 584.14 Sec. 91. [124D.31] [CAPITAL LEVIES.] 584.15 Subdivision 1. [TO LEASE BUILDING OR LAND.] When a 584.16 district finds it economically advantageous to rent or lease a 584.17 building or land for any instructional purposes or for school 584.18 storage or furniture repair, and it determines that the capital 584.19 expenditure facilities revenues authorized under sections 584.20 124.243 and 124A.22, subdivision 10, are insufficient for this 584.21 purpose, it may apply to the commissioner for permission to make 584.22 an additional capital expenditure levy for this purpose. An 584.23 application for permission to levy under this subdivision must 584.24 contain financial justification for the proposed levy, the terms 584.25 and conditions of the proposed lease, and a description of the 584.26 space to be leased and its proposed use. The criteria for 584.27 approval of applications to levy under this subdivision must 584.28 include: the reasonableness of the price, the appropriateness 584.29 of the space to the proposed activity, the feasibility of 584.30 transporting pupils to the leased building or land, conformity 584.31 of the lease to the laws and rules of the state of Minnesota, 584.32 and the appropriateness of the proposed lease to the space needs 584.33 and the financial condition of the district. The commissioner 584.34 must not authorize a levy under this subdivision in an amount 584.35 greater than the cost to the district of renting or leasing a 584.36 building or land for approved purposes. The proceeds of this 585.1 levy must not be used for custodial or other maintenance 585.2 services. A district may not levy under this subdivision for 585.3 the purpose of leasing or renting a district-owned building to 585.4 itself. 585.5 Subd. 2. [PRE-JULY 1990 LEASE PURCHASE, INSTALLMENT BUYS.] 585.6 A district may annually levy the amount needed to make payments 585.7 required by a lease purchase agreement, installment purchase 585.8 agreement, or other deferred payment agreement authorized by 585.9 Minnesota Statutes 1989 Supplement, section 465.71, if: 585.10 (1) the agreement was approved by the commissioner before 585.11 July 1, 1990, according to Minnesota Statutes 1989 Supplement, 585.12 section 275.125, subdivision 11d; or 585.13 (2) the district levied in 1989 for the payments. 585.14 Subd. 3. [COOPERATING DISTRICTS.] A district that has an 585.15 agreement according to section 122.535 or 122.541 may levy for 585.16 the repair costs, as approved by the department, of a building 585.17 located in another district that is a party to the agreement. 585.18 Subd. 4. [INTERACTIVE TELEVISION.] (a) A district with its 585.19 central administrative office located within economic 585.20 development region one, two, three, four, five, six, seven, 585.21 eight, nine, and ten may apply to the commissioner for ITV 585.22 revenue up to the greater of .5 percent of the adjusted net tax 585.23 capacity of the district or $25,000 for the construction, 585.24 maintenance, and lease costs of an interactive television system 585.25 for instructional purposes. The approval by the commissioner 585.26 and the application procedures set forth in subdivision 1 shall 585.27 apply to the revenue in this subdivision. In granting the 585.28 approval, the commissioner shall consider whether the district 585.29 is maximizing efficiency through peak use and off-peak use 585.30 pricing structures. 585.31 (b) To obtain ITV revenue, a district may levy an amount 585.32 not to exceed the district's ITV revenue times the lesser of one 585.33 or the ratio of: 585.34 (1) the quotient derived by dividing the adjusted net tax 585.35 capacity of the district for the year before the year the levy 585.36 is certified by the actual pupil units in the district for the 586.1 year to which the levy is attributable; to 586.2 (2) 100 percent of the equalizing factor as defined in 586.3 section 124A.02, subdivision 8, for the year to which the levy 586.4 is attributable. 586.5 (c) A district's ITV aid is the difference between its ITV 586.6 revenue and the ITV levy. 586.7 (d) The revenue in the first year after reorganization for 586.8 a district that has reorganized under section 122.22, 122.23, or 586.9 122.241 to 122.247 shall be the greater of: 586.10 (1) the revenue computed for the reorganized district under 586.11 paragraph (a), or 586.12 (2)(i) for two districts that reorganized, 75 percent of 586.13 the revenue computed as if the districts involved in the 586.14 reorganization were separate, or 586.15 (ii) for three or more districts that reorganized, 50 586.16 percent of the revenue computed as if the districts involved in 586.17 the reorganization were separate. 586.18 (e) The revenue in paragraph (d) is increased by the 586.19 difference between the initial revenue and ITV lease costs for 586.20 leases that had been entered into by the preexisting districts 586.21 on the effective date of the consolidation or combination and 586.22 with a term not exceeding ten years. This increased revenue is 586.23 only available for the remaining term of the lease. However, in 586.24 no case shall the revenue exceed the amount available had the 586.25 preexisting districts received revenue separately. 586.26 Subd. 5. [ENERGY CONSERVATION.] The district may annually 586.27 levy, without the approval of a majority of the voters in the 586.28 district, an amount sufficient to repay the annual principal and 586.29 interest of the loan made pursuant to sections 216C.37 and 586.30 298.292 to 298.298. 586.31 Subd. 6. [LEASE PURCHASE, INSTALLMENT BUYS.] (a) Upon 586.32 application to, and approval by, the commissioner in accordance 586.33 with the procedures and limits in subdivision 1, a district, as 586.34 defined in this subdivision, may: 586.35 (1) purchase real or personal property under an installment 586.36 contract or may lease real or personal property with an option 587.1 to purchase under a lease purchase agreement, by which 587.2 installment contract or lease purchase agreement title is kept 587.3 by the seller or vendor or assigned to a third party as security 587.4 for the purchase price, including interest, if any; and 587.5 (2) annually levy the amounts necessary to pay the 587.6 district's obligations under the installment contract or lease 587.7 purchase agreement. 587.8 (b) The obligation created by the installment contract or 587.9 the lease purchase agreement must not be included in the 587.10 calculation of net debt for purposes of section 475.53, and does 587.11 not constitute debt under other law. An election is not 587.12 required in connection with the execution of the installment 587.13 contract or the lease purchase agreement. 587.14 (c) The proceeds of the levy authorized by this subdivision 587.15 must not be used to acquire a facility to be primarily used for 587.16 athletic or school administration purposes. 587.17 (d) For the purposes of this subdivision, "district" means: 587.18 (1) a school district required to have a comprehensive plan 587.19 for the elimination of segregation whose plan has been 587.20 determined by the commissioner to be in compliance with the 587.21 state board of education rules relating to equality of 587.22 educational opportunity and school desegregation; or 587.23 (2) a school district that participates in a joint program 587.24 for interdistrict desegregation with a district defined in 587.25 clause (1) if the facility acquired under this subdivision is to 587.26 be primarily used for the joint program. 587.27 (e) Notwithstanding subdivision 1, the prohibition against 587.28 a levy by a district to lease or rent a district-owned building 587.29 to itself does not apply to levies otherwise authorized by this 587.30 subdivision. 587.31 (f) For the purposes of this subdivision, any references in 587.32 subdivision 1 to building or land shall include personal 587.33 property. 587.34 Sec. 92. [124D.314] [MISCELLANEOUS LEVIES.] 587.35 Subdivision 1. [STATUTORY OBLIGATIONS.] (a) A district may 587.36 levy the amount authorized for liabilities of dissolved 588.1 districts pursuant to section 122.45; the amounts necessary to 588.2 pay the district's obligations under section 268.06, subdivision 588.3 25; the amounts necessary to pay for job placement services 588.4 offered to employees who may become eligible for benefits 588.5 pursuant to section 268.08; the amounts necessary to pay the 588.6 district's obligations under section 127.05; the amounts 588.7 authorized by section 122.531; the amounts necessary to pay the 588.8 district's obligations under section 122.533; and for severance 588.9 pay required by sections 120.08, subdivision 3, and 122.535, 588.10 subdivision 6. 588.11 (b) Each year, a member district of an education district 588.12 that levies under this subdivision must transfer the amount of 588.13 revenue certified under paragraph (b) to the education district 588.14 board according to this subdivision. By June 20 and November 30 588.15 of each year, an amount must be transferred equal to: 588.16 (1) 50 percent times 588.17 (2) the amount certified in paragraph (b) minus homestead 588.18 and agricultural credit aid allocated for that levy according to 588.19 section 273.1398, subdivision 6. 588.20 Subd. 2. [DESEGREGATION.] Each year, special school 588.21 district No. 1, Minneapolis, may levy an amount not to exceed 588.22 $197 times its actual pupil units for that fiscal year; 588.23 independent school district No. 625, St. Paul, may levy an 588.24 amount not to exceed $197 times its actual pupil units for that 588.25 fiscal year; and independent school district No. 709, Duluth, 588.26 may levy an amount not to exceed the sum of $660,000 and the 588.27 amount raised by a tax rate of 2.0 percent times the adjusted 588.28 net tax capacity of the district. Notwithstanding section 588.29 121.904, the entire amount of this levy must be recognized as 588.30 revenue for the fiscal year in which the levy is certified. 588.31 This levy must not be considered in computing the aid reduction 588.32 under section 124.155. 588.33 Subd. 3. [RULE COMPLIANCE.] Each year a district that is 588.34 required to implement a plan according to the requirements of 588.35 Minnesota Rules, parts 3535.0200 to 3535.2200, may levy an 588.36 amount not to exceed a net tax rate of 2.0 percent times the 589.1 adjusted net tax capacity of the district for taxes payable in 589.2 1991 and thereafter. A district that levies according to 589.3 subdivision 2 may not levy according to this subdivision. 589.4 Notwithstanding section 121.904, the entire amount of this levy 589.5 must be recognized as revenue for the fiscal year in which the 589.6 levy is certified. This levy must not be considered in 589.7 computing the aid reduction under section 124.155. 589.8 Subd. 4. [CRIME RELATED COSTS.] For taxes levied in 1991 589.9 and subsequent years, payable in 1992 and subsequent years, each 589.10 district may make a levy on all taxable property located within 589.11 the district for the purposes specified in this subdivision. 589.12 The maximum amount which may be levied for all costs under this 589.13 subdivision shall be equal to $1 multiplied by the population of 589.14 the school district. For purposes of this subdivision, 589.15 "population" of the school district means the same as contained 589.16 in section 275.14. The proceeds of the levy must be used for 589.17 reimbursing the cities and counties who contract with the 589.18 district for the following purposes: (1) to pay the costs 589.19 incurred for the salaries, benefits, and transportation costs of 589.20 peace officers and sheriffs for liaison services in the 589.21 district's middle and secondary schools; (2) to pay the costs 589.22 for a drug abuse prevention program as defined in Minnesota 589.23 Statutes 1991 Supplement, section 609.101, subdivision 3, 589.24 paragraph (f), in the elementary schools; or (3) to pay the 589.25 costs for a gang resistance education training curriculum in the 589.26 middle schools. The district must initially attempt to contract 589.27 for these services with the police department of each city or 589.28 the sheriff's department of the county within the district 589.29 containing the school receiving the services. If a local police 589.30 department or a county sheriff's department does not wish to 589.31 provide the necessary services, the district may contract for 589.32 these services with any other police or sheriff's department 589.33 located entirely or partially within the school district's 589.34 boundaries. The levy authorized under this subdivision is not 589.35 included in determining the district's levy limitations. 589.36 Subd. 5. [ICE ARENA LEVY.] (a) Each year, an independent 590.1 school district operating and maintaining an ice arena, may levy 590.2 for the net operational costs of the ice arena. The levy may 590.3 not exceed the net actual costs of operation of the arena for 590.4 the previous year. Net actual costs are defined as operating 590.5 costs less any operating revenues. 590.6 (b) A district operating and maintaining an ice arena must 590.7 demonstrate to the satisfaction of the office of monitoring in 590.8 the department that the district will offer equal sports 590.9 opportunities for male and female students to use its ice arena, 590.10 particularly in areas of access to prime practice time, team 590.11 support, and providing junior varsity and younger level teams 590.12 for girls' ice sports and ice sports offerings. 590.13 Subd. 6. [ABATEMENT LEVY.] (a) Each year, a school 590.14 district may levy an amount to replace the net revenue lost to 590.15 abatements that have occurred under chapter 278, section 270.07, 590.16 375.192, or otherwise. The maximum abatement levy is the sum of: 590.17 (1) the amount of the net revenue loss determined under 590.18 section 124.214, subdivision 2, that is not paid in state aid 590.19 including any aid amounts not paid due to proration; 590.20 (2) the difference of (i) the amount of any abatements that 590.21 have been reported by the county auditor for the first six 590.22 months of the calendar year during which the abatement levy is 590.23 certified that the district chooses to levy, (ii) less any 590.24 amount actually levied under this clause that was certified in 590.25 the previous calendar year for the first six months of the 590.26 previous calendar year; and 590.27 (3) an amount equal to any interest paid on abatement 590.28 refunds. 590.29 (b) A district may spread this levy over a period not to 590.30 exceed three years. 590.31 By July 15, the county auditor shall separately report the 590.32 abatements that have occurred during the first six calendar 590.33 months of that year to the commissioner and each district 590.34 located within the county. 590.35 Sec. 93. [124D.318] [OPERATING DEBT LEVIES.] 590.36 Subdivision 1. [1977 STATUTORY OPERATING DEBT.] (1) In 591.1 each year in which so required by this subdivision, a district 591.2 must make an additional levy to eliminate its statutory 591.3 operating debt, determined as of June 30, 1977, and certified 591.4 and adjusted by the commissioner. This levy shall not be made 591.5 in more than 30 successive years and each year before it is 591.6 made, it must be approved by the commissioner and the approval 591.7 shall specify its amount. This levy shall be an amount which is 591.8 equal to the amount raised by a levy of a net tax rate of 1.66 591.9 percent times the adjusted net tax capacity of the district for 591.10 the preceding year for taxes payable in 1991 and thereafter; 591.11 provided that in the last year in which the district is required 591.12 to make this levy, it must levy an amount not to exceed the 591.13 amount raised by a levy of a net tax rate of 1.66 percent times 591.14 the adjusted net tax capacity of the district for the preceding 591.15 year for taxes payable in 1991 and thereafter. When the sum of 591.16 the cumulative levies made pursuant to this subdivision and 591.17 transfers made according to section 121.912, subdivision 4, 591.18 equals an amount equal to the statutory operating debt of the 591.19 district, the levy shall be discontinued. 591.20 (2) The district must establish a special account in the 591.21 general fund which shall be designated "appropriated fund 591.22 balance reserve account for purposes of reducing statutory 591.23 operating debt" on its books and records. This account shall 591.24 reflect the levy authorized pursuant to this subdivision. The 591.25 proceeds of this levy must be used only for cash flow 591.26 requirements and must not be used to supplement district 591.27 revenues or income for the purposes of increasing the district's 591.28 expenditures or budgets. 591.29 (3) A district which is required to levy pursuant to this 591.30 subdivision must certify the maximum levy allowable under 591.31 section 124A.23, subdivision 2, in that same year. 591.32 (4) Each district must make permanent fund balance 591.33 transfers so that the total statutory operating debt of the 591.34 district is reflected in the general fund as of June 30, 1977. 591.35 Subd. 2. [1983 OPERATING DEBT.] (1) Each year, a district 591.36 may make an additional levy to eliminate a deficit in the net 592.1 unappropriated operating funds of the district, determined as of 592.2 June 30, 1983, and certified and adjusted by the commissioner. 592.3 This levy may in each year be an amount not to exceed the amount 592.4 raised by a levy of a net tax rate of 1.85 percent times the 592.5 adjusted net tax capacity for taxes payable in 1991 and 592.6 thereafter of the district for the preceding year as determined 592.7 by the commissioner. However, the total amount of this levy for 592.8 all years it is made must not exceed the lesser of (a) the 592.9 amount of the deficit in the net unappropriated operating funds 592.10 of the district as of June 30, 1983, or (b) the amount of the 592.11 aid reduction, according to Laws 1981, Third Special Session 592.12 chapter 2, article 2, section 2, but excluding clauses (l), (m), 592.13 (n), (o), and (p), and Laws 1982, Third Special Session chapter 592.14 1, article 3, section 6, to the district in fiscal year 1983. 592.15 When the cumulative levies made pursuant to this subdivision 592.16 equal the total amount permitted by this subdivision, the levy 592.17 must be discontinued. 592.18 (2) The proceeds of this levy must be used only for cash 592.19 flow requirements and must not be used to supplement district 592.20 revenues or income for the purposes of increasing the district's 592.21 expenditures or budgets. 592.22 (3) A district that levies pursuant to this subdivision 592.23 must certify the maximum levy allowable under section 124A.23, 592.24 subdivisions 2 and 2a, in that same year. 592.25 Subd. 3. [1985 OPERATING DEBT.] (1) Each year, a district 592.26 may levy to eliminate a deficit in the net unappropriated 592.27 balance in the general fund of the district, determined as of 592.28 June 30, 1985, and certified and adjusted by the commissioner. 592.29 Each year this levy may be an amount not to exceed the amount 592.30 raised by a levy of a net tax rate of 1.85 percent times the 592.31 adjusted net tax capacity for taxes payable in 1991 and 592.32 thereafter of the district for the preceding year. However, the 592.33 total amount of this levy for all years it is made must not 592.34 exceed the amount of the deficit in the net unappropriated 592.35 balance in the general fund of the district as of June 30, 592.36 1985. When the cumulative levies made pursuant to this 593.1 subdivision equal the total amount permitted by this 593.2 subdivision, the levy shall be discontinued. 593.3 (2) A district, if eligible, may levy under this 593.4 subdivision or subdivision 2 but not both. 593.5 (3) The proceeds of this levy must be used only for cash 593.6 flow requirements and must not be used to supplement district 593.7 revenues or income for the purposes of increasing the district's 593.8 expenditures or budgets. 593.9 (4) A district that levies pursuant to this subdivision 593.10 must certify the maximum levy allowable under section 124A.23, 593.11 subdivision 2, in that same year. 593.12 Subd. 4. [1992 OPERATING DEBT.] (a) For taxes payable for 593.13 calendar year 2003 and earlier, a district that has filed a plan 593.14 pursuant to section 121.917, subdivision 4, may levy, with the 593.15 approval of the commissioner, to eliminate a deficit in the net 593.16 unappropriated balance in the operating funds of the district, 593.17 determined as of June 30, 1992, and certified and adjusted by 593.18 the commissioner. Each year this levy may be an amount not to 593.19 exceed the lesser of: 593.20 (1) an amount raised by a levy of a net tax rate of one 593.21 percent times the adjusted net tax capacity; or 593.22 (2) $100,000. 593.23 This amount must be reduced by referendum revenue authorized 593.24 under section 124A.03 pursuant to the plan filed under section 593.25 121.917. However, the total amount of this levy for all years 593.26 it is made must not exceed the amount of the deficit in the net 593.27 unappropriated balance in the operating funds of the district as 593.28 of June 30, 1992. When the cumulative levies made pursuant to 593.29 this subdivision equal the total amount permitted by this 593.30 subdivision, the levy must be discontinued. 593.31 (b) A district, if eligible, may levy under this 593.32 subdivision or subdivision 2 or 3, or under section 122.531, 593.33 subdivision 4a, or Laws 1992, chapter 499, article 7, sections 593.34 16 or 17, but not under more than one. 593.35 (c) The proceeds of this levy must be used only for cash 593.36 flow requirements and must not be used to supplement district 594.1 revenues or income for the purposes of increasing the district's 594.2 expenditures or budgets. 594.3 (d) A district that levies pursuant to this subdivision 594.4 must certify the maximum levy allowable under section 124A.23, 594.5 subdivision 2, in that same year. 594.6 Sec. 94. [124D.32] [BENEFITS LEVIES.] 594.7 Subdivision 1. [HEALTH INSURANCE.] (a) A district may levy 594.8 the amount necessary to make employer contributions for 594.9 insurance for retired employees under this subdivision. 594.10 Notwithstanding section 121.904, 50 percent of the amount levied 594.11 must be recognized as revenue for the fiscal year in which the 594.12 levy is certified. This levy must not be considered in 594.13 computing the aid reduction under section 124.155. 594.14 (b) The school board of a joint vocational technical 594.15 district formed under sections 136C.60 to 136C.69 and the school 594.16 board of a school district may provide employer-paid hospital, 594.17 medical, and dental benefits to a person who: 594.18 (1) is eligible for employer-paid insurance under 594.19 collective bargaining agreements or personnel plans in effect on 594.20 June 30, 1992; 594.21 (2) has at least 25 years of service credit in the public 594.22 pension plan of which the person is a member on the day before 594.23 retirement or, in the case of a teacher, has a total of at least 594.24 25 years of service credit in the teachers retirement 594.25 association, a first-class city teacher retirement fund, or any 594.26 combination of these; 594.27 (3) upon retirement is immediately eligible for a 594.28 retirement annuity; 594.29 (4) is at least 55 and not yet 65 years of age; and 594.30 (5) retires on or after May 15, 1992, and before July 21, 594.31 1992. 594.32 A school board paying insurance under this subdivision may 594.33 not exclude any eligible employees. 594.34 (c) An employee who is eligible both for the health 594.35 insurance benefit under this subdivision and for an early 594.36 retirement incentive under a collective bargaining agreement or 595.1 personnel plan established by the employer must select either 595.2 the early retirement incentive provided under the collective 595.3 bargaining agreement personnel plan or the incentive provided 595.4 under this subdivision, but may not receive both. For purposes 595.5 of this subdivision, a person retires when the person terminates 595.6 active employment and applies for retirement benefits. The 595.7 retired employee is eligible for single and dependent coverages 595.8 and employer payments to which the person was entitled 595.9 immediately before retirement, subject to any changes in 595.10 coverage and employer and employee payments through collective 595.11 bargaining or personnel plans, for employees in positions 595.12 equivalent to the position from which the employee retired. The 595.13 retired employee is not eligible for employer-paid life 595.14 insurance. Eligibility ceases when the retired employee attains 595.15 the age of 65, or when the employee chooses not to receive the 595.16 retirement benefits for which the employee has applied, or when 595.17 the employee is eligible for employer-paid health insurance from 595.18 a new employer. Coverages must be coordinated with relevant 595.19 health insurance benefits provided through the federally 595.20 sponsored Medicare program. 595.21 (d) Unilateral implementation of this section by a public 595.22 employer is not an unfair labor practice for purposes of chapter 595.23 179A. The authority provided in this subdivision for an 595.24 employer to pay health insurance costs for certain retired 595.25 employees is not subject to the limits in section 179A.20, 595.26 subdivision 2a. 595.27 (e) If a school district levies according to this 595.28 subdivision, it may not also levy according to section 122.531, 595.29 subdivision 9, for eligible employees. 595.30 Subd. 2. [RETIRED EMPLOYEE HEALTH BENEFITS.] For taxes 595.31 payable in 1996, 1997, 1998, and 1999 only, a district may levy 595.32 an amount up to the amount the district is required by the 595.33 collective bargaining agreement in effect on March 30, 1992, to 595.34 pay for health insurance or unreimbursed medical expenses for 595.35 licensed and nonlicensed employees who have terminated services 595.36 in the employing district and withdrawn from active teaching 596.1 service or other active service, as applicable, before July 1, 596.2 1992. The total amount of the levy each year may not exceed 596.3 $300,000. 596.4 Notwithstanding section 121.904, 50 percent of the proceeds 596.5 of this levy must be recognized in the fiscal year in which it 596.6 is certified. 596.7 Subd. 3. [RETIREMENT LEVIES.] (1) In addition to the 596.8 excess levy authorized in 1976 any district within a city of the 596.9 first class which was authorized in 1975 to make a retirement 596.10 levy under Minnesota Statutes 1974, section 275.127 and chapter 596.11 422A may levy an amount per pupil unit which is equal to the 596.12 amount levied in 1975 payable 1976, under Minnesota Statutes 596.13 1974, section 275.127 and chapter 422A, divided by the number of 596.14 pupil units in the district in 1976-1977. 596.15 (2) In 1979 and each year thereafter, any district which 596.16 qualified in 1976 for an extra levy under paragraph (1) shall be 596.17 allowed to levy the same amount as levied for retirement in 1978 596.18 under this clause reduced each year by ten percent of the 596.19 difference between the amount levied for retirement in 1971 596.20 under Minnesota Statutes 1971, sections 275.127 and 422.01 to 596.21 422.54 and the amount levied for retirement in 1975 under 596.22 Minnesota Statutes 1974, section 275.127 and chapter 422A. 596.23 (3) In 1991 and each year thereafter, a district to which 596.24 this subdivision applies may levy an additional amount required 596.25 for contributions to the Minneapolis employees retirement fund 596.26 as a result of the maximum dollar amount limitation on state 596.27 contributions to the fund imposed under section 422A.101, 596.28 subdivision 3. The additional levy must not exceed the most 596.29 recent amount certified by the board of the Minneapolis 596.30 employees retirement fund as the district's share of the 596.31 contribution requirement in excess of the maximum state 596.32 contribution under section 422A.101, subdivision 3. 596.33 (4) For taxes payable in 1994 and thereafter, special 596.34 school district No. 1, Minneapolis, and independent school 596.35 district No. 625, St. Paul, may levy for the increase in the 596.36 employer retirement fund contributions, under Laws 1992, chapter 597.1 598, article 5, section 1. Notwithstanding section 121.904, the 597.2 entire amount of this levy may be recognized as revenue for the 597.3 fiscal year in which the levy is certified. This levy must not 597.4 be considered in computing the aid reduction under section 597.5 124.155. 597.6 (5) If the employer retirement fund contributions under 597.7 section 354A.12, subdivision 2a, are increased for fiscal year 597.8 1994 or later fiscal years, special school district No. 1, 597.9 Minneapolis, and independent school district No. 625, St. Paul, 597.10 may levy in payable 1994 or later an amount equal to the amount 597.11 derived by applying the net increase in the employer retirement 597.12 fund contribution rate of the respective teacher retirement fund 597.13 association between fiscal year 1993 and the fiscal year 597.14 beginning in the year after the levy is certified to the total 597.15 covered payroll of the applicable teacher retirement fund 597.16 association. Notwithstanding section 121.904, the entire amount 597.17 of this levy may be recognized as revenue for the fiscal year in 597.18 which the levy is certified. This levy must not be considered 597.19 in computing the aid reduction under section 124.155. If an 597.20 applicable school district levies under this paragraph, they may 597.21 not levy under paragraph (4). 597.22 (6) In addition to the levy authorized under paragraph (5), 597.23 special school district No. 1, Minneapolis, may also levy 597.24 payable in 1997 or later an amount equal to the contributions 597.25 under section 423A.02, subdivision 3, and may also levy in 597.26 payable 1994 or later an amount equal to the state aid 597.27 contribution under section 354A.12, subdivision 3b. Independent 597.28 school district No. 625, St. Paul, may levy payable in 1997 or 597.29 later an amount equal to the supplemental contributions under 597.30 section 423A.02, subdivision 3. Notwithstanding section 597.31 121.904, the entire amount of these levies may be recognized as 597.32 revenue for the fiscal year in which the levy is certified. 597.33 These levies must not be considered in computing the aid 597.34 reduction under section 124.155. 597.35 Subd. 4. [MINNEAPOLIS HEALTH INSURANCE SUBSIDY.] Each year 597.36 special school district No. 1, Minneapolis, may make an 598.1 additional levy not to exceed the amount raised by a net tax 598.2 rate of .10 percent times the adjusted net tax capacity for 598.3 taxes payable in 1991 and thereafter of the property in the 598.4 district for the preceding year. The proceeds may be used only 598.5 to subsidize health insurance costs for eligible teachers as 598.6 provided in this section. 598.7 "Eligible teacher" means a retired teacher who was a basic 598.8 member of the Minneapolis teachers retirement fund association, 598.9 who retired before May 1, 1974, or who had 20 or more years of 598.10 basic member service in the Minneapolis teacher retirement fund 598.11 association and retired before June 30, 1983, and who is not 598.12 eligible to receive the hospital insurance benefits of the 598.13 federal Medicare program of the Social Security Act without 598.14 payment of a monthly premium. The district must notify eligible 598.15 teachers that a subsidy is available. To obtain a subsidy, an 598.16 eligible teacher must submit to the school district a copy of 598.17 receipts for health insurance premiums paid. The district must 598.18 disburse the health insurance premium subsidy to each eligible 598.19 teacher according to a schedule determined by the district, but 598.20 at least annually. An eligible teacher may receive a subsidy up 598.21 to an amount equal to the lesser of 90 percent of the cost of 598.22 the eligible teacher's health insurance or up to 90 percent of 598.23 the cost of the number two qualified plan of health coverage for 598.24 individual policies made available by the Minnesota 598.25 comprehensive health association under chapter 62E. 598.26 If funds remaining from the previous year's health 598.27 insurance subsidy levy, minus the previous year's required 598.28 subsidy amount, are sufficient to pay the estimated current year 598.29 subsidy, the levy must be discontinued until the remaining funds 598.30 are estimated by the school board to be insufficient to pay the 598.31 subsidy. 598.32 This subdivision does not extend benefits to teachers who 598.33 retire after June 30, 1983, and does not create a contractual 598.34 right or claim for altering the benefits in this subdivision. 598.35 This subdivision does not restrict the district's right to 598.36 modify or terminate coverage under this subdivision. 599.1 Sec. 95. [124D.324] [TAX LEVY FOR UNPAID JUDGMENT.] 599.2 If such judgment is not satisfied, or stayed by appeal or 599.3 otherwise, before the next annual meeting of the district, a 599.4 certified copy thereof may be presented at its annual meeting, 599.5 whereupon the district shall cause the amount of the judgment, 599.6 with interest, to be added to the tax of the district. If such 599.7 tax is not levied and certified to the county auditor on or 599.8 before October 1 next after presentation, a certified copy 599.9 thereof may be filed with such auditor at any time before the 599.10 auditor has extended the tax of such district, with an affidavit 599.11 showing the amount remaining unpaid thereon and the fact of such 599.12 presentation to the district. Thereupon the auditor shall at 599.13 once levy and extend such amount as a tax upon the property 599.14 taxable within the district. By mutual agreement between the 599.15 district and the judgment creditor the levy may be spread 599.16 equally over a period of more than one year. 599.17 Sec. 96. [124D.328] [LEVY PROCEDURE.] 599.18 Subdivision 1. [CERTIFY LEVY LIMITS.] By September 8, the 599.19 commissioner shall notify the school districts of their levy 599.20 limits. The commissioner shall certify to the county auditors 599.21 the levy limits for all districts headquartered in the 599.22 respective counties together with adjustments for errors in 599.23 levies not penalized pursuant to section 124.918, subdivision 3, 599.24 as well as adjustments to final pupil unit counts. A district 599.25 may require the commissioner to review the certification and to 599.26 present evidence in support of modification of the certification. 599.27 The county auditor shall reduce levies for any excess of 599.28 levies over levy limitations pursuant to section 275.16. Such 599.29 reduction in excess levies may, at the discretion of the school 599.30 district, be spread over two calendar years. 599.31 Subd. 2. [NOTICE TO COMMISSIONER; FORMS.] By October 7 of 599.32 each year each district must notify the commissioner of the 599.33 proposed levies in compliance with the levy limitations of this 599.34 chapter and chapters 124A, 124B, and 136D. By January 15 of 599.35 each year each district must notify the commissioner of the 599.36 final levies certified. The commissioner shall prescribe the 600.1 form of these notifications and may request any additional 600.2 information necessary to compute certified levy amounts. 600.3 Subd. 3. [ADJUSTMENTS.] If any district levy is found to 600.4 be excessive as a result of a decision of the tax court or a 600.5 redetermination by the commissioner of revenue under section 600.6 124.2131, subdivisions 2 to 11, or for any other reason, the 600.7 amount of the excess must be deducted from the levy certified in 600.8 the next year for the same purpose. If no levy is certified in 600.9 the next year for the same purpose or if the amount certified is 600.10 less than the amount of the excess, the excess must be deducted 600.11 from that levy and the levy certified pursuant to section 600.12 124A.23, subdivision 2. If the amount of any aid would have 600.13 been increased in a prior year as a result of a decision of the 600.14 tax court or a redetermination by the commissioner of revenue, 600.15 the amount of the increase shall be added to the amount of 600.16 current aid for the same purposes. 600.17 Subd. 4. [APPLICABILITY.] Notwithstanding any other 600.18 charter provision, general or special laws to the contrary, 600.19 every school district in the state shall abide by the terms and 600.20 provisions of this section and chapter 124A. 600.21 Subd. 5. [ESTIMATES.] The computation of levy limitations 600.22 pursuant to this chapter and chapters 124A, 124B, 136C, and 136D 600.23 shall be based on estimates where necessary. If as a result of 600.24 using estimates for these computations the amount of any levy is 600.25 different from the amount which could actually have been levied 600.26 if actual data had been available, levy limitations in the first 600.27 year when the actual data is known shall be adjusted to reflect 600.28 for this difference. The amount of any adjustment to levy 600.29 limitations pursuant to this subdivision shall be recognized as 600.30 revenue in the school year when the levy for which the levy 600.31 limitation is so adjusted is recognized as revenue. 600.32 Subd. 6. [ADJUSTMENTS FOR LAW CHANGES.] Whenever a change 600.33 enacted in law changes the levy authority for a school district 600.34 or an intermediate school district for a fiscal year after the 600.35 levy for that fiscal year has been certified by the district 600.36 under section 275.07, the department must adjust the next levy 601.1 certified by the district by the amount of the change in levy 601.2 authority for that fiscal year resulting from the change. 601.3 Notwithstanding section 121.904, the entire amount for fiscal 601.4 year 1992 and 50 percent for fiscal years thereafter of the levy 601.5 adjustment must be recognized as revenue in the fiscal year the 601.6 levy is certified, if sufficient levy resources are available 601.7 under generally accepted accounting principles in the district 601.8 fund where the adjustment is to occur. Districts that do not 601.9 have sufficient levy resources available in the fund where the 601.10 adjustment is to occur must recognize in the fiscal year the 601.11 levy is certified an amount equal to the levy resources 601.12 available. The remaining adjustment amount must be recognized 601.13 as revenue in the fiscal year after the levy is certified. 601.14 Subd. 7. [REPORTING.] For each tax settlement, the county 601.15 auditor shall report to each school district by fund, the 601.16 district tax settlement revenue defined in section 121.904, 601.17 subdivision 4a, clause (a), and the amount levied pursuant to 601.18 section 124.914, subdivision 1, on the form specified in section 601.19 276.10. The county auditor shall send to the district a copy of 601.20 the spread levy report specified in section 275.124. 601.21 Subd. 8. [TACONITE PAYMENT AND OTHER REDUCTIONS.] (1) 601.22 Reductions in levies pursuant to section 124.918, subdivision 1, 601.23 and section 273.138, must be made prior to the reductions in 601.24 clause (2). 601.25 (2) Notwithstanding any other law to the contrary, 601.26 districts which received payments pursuant to sections 298.018; 601.27 298.23 to 298.28, except an amount distributed under section 601.28 298.28, subdivision 4, paragraph (c), clause (ii); 298.34 to 601.29 298.39; 298.391 to 298.396; 298.405; and any law imposing a tax 601.30 upon severed mineral values, or recognized revenue pursuant to 601.31 section 477A.15; must not include a portion of these aids in 601.32 their permissible levies pursuant to those sections, but instead 601.33 must reduce the permissible levies authorized by this chapter 601.34 and chapter 124A by the greater of the following: 601.35 (a) an amount equal to 50 percent of the total dollar 601.36 amount of the payments received pursuant to those sections or 602.1 revenue recognized pursuant to section 477A.15 in the previous 602.2 fiscal year; or 602.3 (b) an amount equal to the total dollar amount of the 602.4 payments received pursuant to those sections or revenue 602.5 recognized pursuant to section 477A.15 in the previous fiscal 602.6 year less the product of the same dollar amount of payments or 602.7 revenue times the ratio of the maximum levy allowed the district 602.8 under Minnesota Statutes 1986, sections 124A.03, subdivision 2, 602.9 124A.06, subdivision 3a, 124A.08, subdivision 3a, 124A.10, 602.10 subdivision 3a, 124A.12, subdivision 3a, and 124A.14, 602.11 subdivision 5a, to the total levy allowed the district under 602.12 this section and Minnesota Statutes 1986, sections 124A.03, 602.13 124A.06, subdivision 3a, 124A.08, subdivision 3a, 124A.10, 602.14 subdivision 3a, 124A.12, subdivision 3a, 124A.14, subdivision 602.15 5a, and 124A.20, subdivision 2, for levies certified in 1986. 602.16 (3) No reduction pursuant to this subdivision shall reduce 602.17 the levy made by the district pursuant to section 124A.23, to an 602.18 amount less than the amount raised by a levy of a net tax rate 602.19 of 6.82 percent times the adjusted net tax capacity for taxes 602.20 payable in 1990 and thereafter of that district for the 602.21 preceding year as determined by the commissioner. The amount of 602.22 any increased levy authorized by referendum pursuant to section 602.23 124A.03, subdivision 2, shall not be reduced pursuant to this 602.24 subdivision. The amount of any levy authorized by section 602.25 124.912, subdivision 1, to make payments for bonds issued and 602.26 for interest thereon, shall not be reduced pursuant to this 602.27 subdivision. 602.28 (4) Before computing the reduction pursuant to this 602.29 subdivision of the capital expenditure facilities levy 602.30 authorized by section 124.243, the capital expenditure equipment 602.31 levy authorized by section 124.244, the health and safety levy 602.32 authorized by sections 124.83 and 124.91, subdivision 6, the 602.33 commissioner shall ascertain from each affected school district 602.34 the amount it proposes to levy under each section or 602.35 subdivision. The reduction must be computed on the basis of the 602.36 amount so ascertained. 603.1 (5) Notwithstanding any law to the contrary, any amounts 603.2 received by districts in any fiscal year pursuant to sections 603.3 298.018; 298.23 to 298.28; 298.34 to 298.39; 298.391 to 298.396; 603.4 298.405; or any law imposing a tax on severed mineral values; 603.5 and not deducted from general education aid pursuant to section 603.6 124A.035, subdivision 5, clause (2), and not applied to reduce 603.7 levies pursuant to this subdivision shall be paid by the 603.8 district to the St. Louis county auditor in the following amount 603.9 by March 15 of each year, the amount required to be subtracted 603.10 from the previous fiscal year's general education aid pursuant 603.11 to section 124A.035, subdivision 5, which is in excess of the 603.12 general education aid earned for that fiscal year. The county 603.13 auditor shall deposit any amounts received pursuant to this 603.14 clause in the St. Louis county treasury for purposes of paying 603.15 the taconite homestead credit as provided in section 273.135. 603.16 Sec. 97. [124D.33] [DEBT SERVICE EQUALIZATION PROGRAM.] 603.17 Subdivision 1. [DEFINITIONS.] (a) For purposes of this 603.18 section, the eligible debt service revenue of a district is 603.19 defined as follows: 603.20 (1) the amount needed to produce between five and six 603.21 percent in excess of the amount needed to meet when due the 603.22 principal and interest payments on the obligations of the 603.23 district for eligible projects according to subdivision 2, 603.24 including the amounts necessary for repayment of energy loans 603.25 according to section 216C.37 or sections 298.292 to 298.298, 603.26 debt service loans and capital loans, lease purchase payments 603.27 under section 124.91, subdivisions 2 and 3, alternative 603.28 facilities levies under section 124.239, subdivision 5, minus 603.29 (2) the amount of debt service excess levy reduction for 603.30 that school year calculated according to the procedure 603.31 established by the commissioner. 603.32 (b) The obligations in this paragraph are excluded from 603.33 eligible debt service revenue: 603.34 (1) obligations under section 124.2445; 603.35 (2) the part of debt service principal and interest paid 603.36 from the taconite environmental protection fund or northeast 604.1 Minnesota economic protection trust; 604.2 (3) obligations issued under Laws 1991, chapter 265, 604.3 article 5, section 18, as amended by Laws 1992, chapter 499, 604.4 article 5, section 24; and 604.5 (4) obligations under section 124.2455. 604.6 (c) For purposes of this section, if a preexisting school 604.7 district reorganized under section 122.22, 122.23, or 122.241 to 604.8 122.248 is solely responsible for retirement of the preexisting 604.9 district's bonded indebtedness, capital loans or debt service 604.10 loans, debt service equalization aid must be computed separately 604.11 for each of the preexisting districts. 604.12 Subd. 2. [ELIGIBILITY.] (a) The following portions of a 604.13 district's debt service levy qualify for debt service 604.14 equalization: 604.15 (1) debt service for repayment of principal and interest on 604.16 bonds issued before July 2, 1992; 604.17 (2) debt service for bonds refinanced after July 1, 1992, 604.18 if the bond schedule has been approved by the commissioner and, 604.19 if necessary, adjusted to reflect a 20-year maturity schedule; 604.20 and 604.21 (3) debt service for bonds issued after July 1, 1992, for 604.22 construction projects that have received a positive review and 604.23 comment according to section 121.15, if the commissioner has 604.24 determined that the district has met the criteria under section 604.25 124.431, subdivision 2, and if the bond schedule has been 604.26 approved by the commissioner and, if necessary, adjusted to 604.27 reflect a 20-year maturity schedule. 604.28 (b) The criterion in section 124.431, subdivision 2, 604.29 paragraph (a), clause (2), shall be considered to have been met 604.30 if the district in the fiscal year in which the bonds are 604.31 authorized at an election conducted under chapter 475: 604.32 (i) serves an average of at least 66 pupils per grade in 604.33 the grades to be served by the facility; or 604.34 (ii) is eligible for elementary or secondary sparsity 604.35 revenue. 604.36 (c) The criterion described in section 124.431, subdivision 605.1 2, paragraph (a), clause (9), does not apply to bonds authorized 605.2 by elections held before July 1, 1992. 605.3 Subd. 3. [NOTIFICATION.] A district eligible for debt 605.4 service equalization revenue under subdivision 2 must notify the 605.5 commissioner of the amount of its intended debt service revenue 605.6 calculated under subdivision 1 for all bonds sold prior to the 605.7 notification by July 1 of the calendar year the levy is 605.8 certified. 605.9 Subd. 4. [DEBT SERVICE EQUALIZATION REVENUE.] (a) For 605.10 fiscal years 1995 and later, the debt service equalization 605.11 revenue of a district equals the eligible debt service revenue 605.12 minus the amount raised by a levy of ten percent times the 605.13 adjusted net tax capacity of the district. 605.14 (b) For fiscal year 1993, debt service equalization revenue 605.15 equals one-third of the amount calculated in paragraph (a). 605.16 (c) For fiscal year 1994, debt service equalization revenue 605.17 equals two-thirds of the amount calculated in paragraph (a). 605.18 Subd. 5. [EQUALIZED DEBT SERVICE LEVY.] To obtain debt 605.19 service equalization revenue, a district must levy an amount not 605.20 to exceed the district's debt service equalization revenue times 605.21 the lesser of one or the ratio of: 605.22 (1) the quotient derived by dividing the adjusted net tax 605.23 capacity of the district for the year before the year the levy 605.24 is certified by the actual pupil units in the district for the 605.25 school year ending in the year prior to the year the levy is 605.26 certified; to 605.27 (2) $4,707.50. 605.28 Subd. 6. [DEBT SERVICE EQUALIZATION AID.] A district's 605.29 debt service equalization aid is the difference between the debt 605.30 service equalization revenue and the equalized debt service levy. 605.31 If the amount of debt service equalization aid actually 605.32 appropriated for the fiscal year in which this calculation is 605.33 made is insufficient to fully fund debt service equalization 605.34 aid, the commissioner shall prorate the amount of aid across all 605.35 eligible districts. 605.36 Subd. 7. [DEBT SERVICE EQUALIZATION AID PAYMENT SCHEDULE.] 606.1 Debt service equalization aid must be paid as follows: 30 606.2 percent before September 15, 30 percent before December 15, 25 606.3 percent before March 15, and a final payment of 15 percent by 606.4 July 15 of the subsequent fiscal year. 606.5 Sec. 98. [124D.334] [DEBT SERVICE APPROPRIATION.] 606.6 (a) $30,054,000 in fiscal year 1996, $28,162,000 in fiscal 606.7 year 1997, and $33,948,000 in fiscal year 1998 and each year 606.8 thereafter is appropriated from the general fund to the 606.9 commissioner of children, families, and learning for payment of 606.10 debt service equalization aid under section 124.95. The 1998 606.11 appropriation includes $4,970,000 for 1997 and $28,978,000 for 606.12 1998. 606.13 (b) The appropriations in paragraph (a) must be reduced by 606.14 the amount of any money specifically appropriated for the same 606.15 purpose in any year from any state fund. 606.16 Sec. 99. [124D.338] [DEBT SERVICE LEVY.] 606.17 A district may levy the amounts necessary to make payments 606.18 for bonds issued and for interest on them, including the bonds 606.19 and interest on them, issued as authorized by Minnesota Statutes 606.20 1974, section 275.125, subdivision 3, clause (7)(C); and the 606.21 amounts necessary for repayment of debt service loans and 606.22 capital loans, minus the amount of debt service equalization 606.23 revenue of the district. 606.24 Sec. 100. [124D.34] [DEFINITIONS.] 606.25 Subdivision 1. [APPLICABILITY.] For the purposes of this 606.26 chapter, the words defined in section 102.02 have the same 606.27 meanings. For the purpose of this chapter and chapter 124, the 606.28 following terms have the meanings given them. 606.29 Subd. 2. [ADJUSTED NET TAX CAPACITY.] "Adjusted net tax 606.30 capacity" means the net tax capacity of the taxable property of 606.31 the district as adjusted by the commissioner of revenue under 606.32 section 124.2131. The adjusted net tax capacity for any given 606.33 calendar year must be used to compute levy limitations for 606.34 levies certified in the succeeding calendar year and aid for the 606.35 school year beginning in the second succeeding calendar year. 606.36 Subd. 3. [REFERENDUM MARKET VALUE.] "Referendum market 607.1 value" means the market value of all taxable property, except 607.2 that any class of property, or any portion of a class of 607.3 property, with a class rate of less than one percent under 607.4 section 273.13 must have a referendum market value equal to its 607.5 net tax capacity multiplied by 100. 607.6 Subd. 4. [EQUALIZING FACTOR.] "Equalizing factor" means 607.7 the ratio, rounded to the nearest dollar, of the formula 607.8 allowance to the general education tax rate for the 607.9 corresponding year. 607.10 Subd. 5. [LEVY USE.] A levy "for use in a particular 607.11 school year," "attributable to a particular school year," or 607.12 "recognized as revenue in a particular school year," means the 607.13 levy certified in the calendar year ending in the school year 607.14 preceding that particular school year, and payable in the 607.15 calendar year in which that school year begins. 607.16 Subd. 6. [PUPIL UNITS, ACTUAL.] "Actual pupil units" means 607.17 pupil units identified in section 124.17, subdivision 1. 607.18 Subd. 7. [PUPIL UNITS, AFDC.] "AFDC pupil units" for 607.19 fiscal year 1993 and thereafter means pupil units identified in 607.20 section 124.17, subdivision 1d. 607.21 Subd. 8. [SHARED TIME AVERAGE DAILY MEMBERSHIP.] The 607.22 average daily membership of a pupil enrolled on a shared time 607.23 basis equals the ratio of the total minutes for which the pupil 607.24 is enrolled and the minimum minutes required during the year for 607.25 a regularly enrolled public school pupil. 607.26 Subd. 9. [SHARED TIME AID.] Aid for shared time pupils 607.27 must equal the formula allowance times the full-time equivalent 607.28 actual pupil units for shared time pupils. Aid for shared time 607.29 pupils is in addition to any other aid to which the district is 607.30 otherwise entitled. Shared time average daily membership may 607.31 not be used in the computation of pupil units under section 607.32 124.17, subdivision 1, for any purpose other than the 607.33 computation of shared time aid pursuant to subdivisions 20 to 22 607.34 and section 124A.034, subdivisions 1 to 1b. 607.35 Subd. 10. [SHARED TIME PUPILS.] "Shared time pupils" means 607.36 those pupils who attend public school programs for part of the 608.1 regular school day and who otherwise fulfill the requirements of 608.2 section 120.101 by attendance at a nonpublic school. 608.3 Subd. 11. [TRAINING AND EXPERIENCE INDEX.] "Training and 608.4 experience index" means a measure of a district's teacher 608.5 training and experience relative to the education and experience 608.6 of teachers in the state. The measure must be determined 608.7 pursuant to section 124A.04. 608.8 Subd. 12. [AVERAGE SALARY FOR BEGINNING TEACHERS.] 608.9 "Average salary for beginning teachers" means the average salary 608.10 for all teachers in the state who are in their first year of 608.11 teaching and who have no additional credits or degrees above a 608.12 bachelor's degree. At least biennially, the department must 608.13 recompute this average using complete new data. 608.14 Subd. 13. [NET UNAPPROPRIATED OPERATING FUND BALANCE.] 608.15 "Net unappropriated operating fund balance" means the sum of the 608.16 fund balances in the general, food service, and community 608.17 service funds minus the balances reserved for statutory 608.18 operating debt reduction, bus purchase, severance pay, taconite, 608.19 reemployment insurance, maintenance levy reduction, operating 608.20 capital, disabled access, health and safety, and encumbrances, 608.21 computed as of June 30 each year. 608.22 Sec. 101. [124D.344] [REFERENDUM AND DESEGREGATION REVENUE 608.23 CONVERSION.] 608.24 Subdivision 1. [REVENUE CONVERSION.] Except as provided 608.25 under subdivision 4, the referendum authority under section 608.26 124A.03 and the levy authority under section 124.912, 608.27 subdivisions 2 and 3, of a district must be converted by the 608.28 department according to this section. 608.29 Subd. 2. [ADJUSTMENT RATIO.] For assessment years 1991, 608.30 1992, and 1993, the commissioner of revenue must determine for 608.31 each district a ratio equal to: 608.32 (1) the net tax capacity for taxable property in the 608.33 district determined by applying the property tax class rates for 608.34 assessment year 1990 to the market values of taxable property 608.35 for each assessment year, divided by 608.36 (2) the net tax capacity of the district for the assessment 609.1 year. 609.2 Subd. 3. [RATE ADJUSTMENT.] The department must adjust a 609.3 district's referendum authority for a referendum approved before 609.4 July 1, 1991, excluding authority based on a dollar amount, and 609.5 the levy authority under section 124.912, subdivisions 2 and 3, 609.6 by multiplying the sum of the rates authorized by a district 609.7 under section 124A.03 and the rates in section 124.912, 609.8 subdivisions 2 and 3, by the ratio determined under subdivision 609.9 2 for the assessment year for which the revenue is 609.10 attributable. The adjusted rates for assessment year 1993 apply 609.11 to later years for which the revenue is authorized. 609.12 Subd. 4. [PER PUPIL REVENUE CONVERSION.] (a) The 609.13 department must convert each district's referendum revenue 609.14 authority for fiscal year 2002 and later years to an allowance 609.15 per pupil unit as follows: the revenue allowance equals the 609.16 amount determined by dividing the district's maximum revenue 609.17 under section 124A.03, for fiscal year 2001 by the district's 609.18 2000-2001 actual pupil units. A district's maximum revenue for 609.19 all later years for which the revenue is authorized equals the 609.20 revenue allowance times the district's actual pupil units for 609.21 that year. 609.22 (b) The referendum allowance reduction must be applied 609.23 first to the authority with the earliest expiration date. 609.24 Sec. 102. [124D.348] [REFERENDUM REVENUE.] 609.25 Subdivision 1. [REFERENDUM ALLOWANCE.] A district's 609.26 referendum revenue allowance equals the referendum revenue 609.27 authority for that year divided by its actual pupil units for 609.28 that school year. 609.29 Subd. 2. [REFERENDUM ALLOWANCE LIMIT.] Notwithstanding 609.30 subdivision 1b, a district's referendum allowance must not 609.31 exceed the greater of: 609.32 (1) the district's referendum allowance for fiscal year 609.33 1994; or 609.34 (2) 25 percent of the formula allowance minus $300 for 609.35 fiscal year 1997 and later. 609.36 Subd. 3. [SPARSITY EXCEPTION.] A district that qualifies 610.1 for sparsity revenue under section 124A.22 is not subject to a 610.2 referendum allowance limit. 610.3 Subd. 4. [TOTAL REFERENDUM REVENUE.] The total referendum 610.4 revenue for each district equals the district's referendum 610.5 allowance times the actual pupil units for the school year. 610.6 Subd. 5. [REFERENDUM EQUALIZATION REVENUE.] A district's 610.7 referendum equalization revenue equals $315 times the district's 610.8 actual pupil units for that year. 610.9 Referendum equalization revenue must not exceed a 610.10 district's total referendum revenue for that year. 610.11 Subd. 6. [REFERENDUM EQUALIZATION LEVY.] (a) For fiscal 610.12 year 1996, a district's referendum equalization levy equals the 610.13 district's referendum equalization revenue times the lesser of 610.14 one or the ratio of the district's adjusted net tax capacity per 610.15 actual pupil unit to 100 percent of the equalizing factor as 610.16 defined in section 124A.02, subdivision 8. 610.17 (b) For fiscal year 1997 and thereafter, a district's 610.18 referendum equalization levy for a referendum levied against the 610.19 referendum market value of all taxable property as defined in 610.20 section 124A.02, subdivision 3b, equals the district's 610.21 referendum equalization revenue times the lesser of one or the 610.22 ratio of the district's referendum market value per actual pupil 610.23 unit to $476,000. 610.24 (c) For fiscal year 1997 and thereafter, a district's 610.25 referendum equalization levy for a referendum levied against the 610.26 net tax capacity of all taxable property equals the district's 610.27 referendum equalization revenue times the lesser of one or the 610.28 ratio of the district's adjusted net tax capacity per actual 610.29 pupil unit to 100 percent of the equalizing factor for that year. 610.30 Subd. 7. [REFERENDUM EQUALIZATION AID.] (a) A district's 610.31 referendum equalization aid equals the difference between its 610.32 referendum equalization revenue and levy. 610.33 (b) If a district's actual levy for referendum equalization 610.34 revenue is less than its maximum levy limit, aid must be 610.35 proportionately reduced. 610.36 Subd. 8. [UNEQUALIZED REFERENDUM LEVY.] Each year, a 611.1 district may levy an amount equal to the difference between its 611.2 total referendum revenue according to subdivision 1f and its 611.3 equalized referendum aid and levy according to subdivisions 1g 611.4 and 1h. 611.5 Subd. 9. [REFERENDUM REVENUE.] (a) The revenue authorized 611.6 by section 124A.22, subdivision 1, may be increased in the 611.7 amount approved by the voters of the district at a referendum 611.8 called for the purpose. The referendum may be called by the 611.9 board or may be called by the board upon written petition of 611.10 qualified voters of the district. The referendum must be 611.11 conducted one or two calendar years before the increased levy 611.12 authority, if approved, first becomes payable. Only one election 611.13 to approve an increase may be held in a calendar year. Unless 611.14 the referendum is conducted by mail under paragraph (g), the 611.15 referendum must be held on the first Tuesday after the first 611.16 Monday in November. The ballot must state the maximum amount of 611.17 the increased revenue per actual pupil unit, the estimated 611.18 referendum tax rate as a percentage of market value in the first 611.19 year it is to be levied, and that the revenue must be used to 611.20 finance school operations. The ballot may state a schedule, 611.21 determined by the board, of increased revenue per actual pupil 611.22 units that differs from year to year over the number of years 611.23 for which the increased revenue is authorized. If the ballot 611.24 contains a schedule showing different amounts, it must also 611.25 indicate the estimated referendum tax rate as a percent of 611.26 market value for the amount specified for the first year and for 611.27 the maximum amount specified in the schedule. The ballot may 611.28 state that existing referendum levy authority is expiring. In 611.29 this case, the ballot may also compare the proposed levy 611.30 authority to the existing expiring levy authority, and express 611.31 the proposed increase as the amount, if any, over the expiring 611.32 referendum levy authority. The ballot must designate the 611.33 specific number of years, not to exceed ten, for which the 611.34 referendum authorization applies. The notice required under 611.35 section 275.60 may be modified to read, in cases of renewing 611.36 existing levies: 612.1 "BY VOTING "YES" ON THIS BALLOT QUESTION, YOU MAY BE VOTING 612.2 FOR A PROPERTY TAX INCREASE." 612.3 The ballot may contain a textual portion with the 612.4 information required in this subdivision and a question stating 612.5 substantially the following: 612.6 "Should the increase in the revenue proposed by (petition 612.7 to) the board of ........., School District No. .., be approved?" 612.8 If approved, an amount equal to the approved revenue per 612.9 actual pupil unit times the actual pupil units for the school 612.10 year beginning in the year after the levy is certified must be 612.11 authorized for certification for the number of years approved, 612.12 if applicable, or until revoked or reduced by the voters of the 612.13 district at a subsequent referendum. 612.14 (b) The board must prepare and deliver by first class mail 612.15 at least 15 days but no more than 30 days before the day of the 612.16 referendum to each taxpayer a notice of the referendum and the 612.17 proposed revenue increase. The board need not mail more than 612.18 one notice to any taxpayer. For the purpose of giving mailed 612.19 notice under this subdivision, owners must be those shown to be 612.20 owners on the records of the county auditor or, in any county 612.21 where tax statements are mailed by the county treasurer, on the 612.22 records of the county treasurer. Every property owner whose 612.23 name does not appear on the records of the county auditor or the 612.24 county treasurer is deemed to have waived this mailed notice 612.25 unless the owner has requested in writing that the county 612.26 auditor or county treasurer, as the case may be, include the 612.27 name on the records for this purpose. The notice must project 612.28 the anticipated amount of tax increase in annual dollars and 612.29 annual percentage for typical residential homesteads, 612.30 agricultural homesteads, apartments, and commercial-industrial 612.31 property within the school district. 612.32 The notice for a referendum may state that an existing 612.33 referendum levy is expiring and project the anticipated amount 612.34 of increase over the existing referendum levy in the first year, 612.35 if any, in annual dollars and annual percentage for typical 612.36 residential homesteads, agricultural homesteads, apartments, and 613.1 commercial-industrial property within the district. 613.2 The notice must include the following statement: "Passage 613.3 of this referendum will result in an increase in your property 613.4 taxes." However, in cases of renewing existing levies, the 613.5 notice may include the following statement: "Passage of this 613.6 referendum may result in an increase in your property taxes." 613.7 (c) A referendum on the question of revoking or reducing 613.8 the increased revenue amount authorized pursuant to paragraph 613.9 (a) may be called by the board and must be called by the board 613.10 upon the written petition of qualified voters of the district. 613.11 A referendum to revoke or reduce the levy amount must be based 613.12 upon the dollar amount, local tax rate, or amount per actual 613.13 pupil unit, that was stated to be the basis for the initial 613.14 authorization. Revenue approved by the voters of the district 613.15 pursuant to paragraph (a) must be received at least once before 613.16 it is subject to a referendum on its revocation or reduction for 613.17 subsequent years. Only one revocation or reduction referendum 613.18 may be held to revoke or reduce referendum revenue for any 613.19 specific year and for years thereafter. 613.20 (d) A petition authorized by paragraph (a) or (c) is 613.21 effective if signed by a number of qualified voters in excess of 613.22 15 percent of the registered voters of the district on the day 613.23 the petition is filed with the board. A referendum invoked by 613.24 petition must be held on the date specified in paragraph (a). 613.25 (e) The approval of 50 percent plus one of those voting on 613.26 the question is required to pass a referendum authorized by this 613.27 subdivision. 613.28 (f) At least 15 days before the day of the referendum, the 613.29 district must submit a copy of the notice required under 613.30 paragraph (b) to the commissioner and to the county auditor of 613.31 each county in which the district is located. Within 15 days 613.32 after the results of the referendum have been certified by the 613.33 board, or in the case of a recount, the certification of the 613.34 results of the recount by the canvassing board, the district 613.35 must notify the commissioner of the results of the referendum. 613.36 (g) Except for a referendum held under subdivision 2b, any 614.1 referendum under this section held on a day other than the first 614.2 Tuesday after the first Monday in November must be conducted by 614.3 mail in accordance with section 204B.46. Notwithstanding 614.4 paragraph (b) to the contrary, in the case of a referendum 614.5 conducted by mail under this paragraph, the notice required by 614.6 paragraph (b) must be prepared and delivered by first class mail 614.7 at least 20 days before the referendum. 614.8 Subd. 10. [SCHOOL REFERENDUM LEVY; MARKET VALUE.] 614.9 Notwithstanding the provisions of subdivision 2, a school 614.10 referendum levy approved after November 1, 1992, for taxes 614.11 payable in 1993 and thereafter, must be levied against the 614.12 referendum market value of all taxable property as defined in 614.13 section 124A.02, subdivision 3b. Any referendum levy amount 614.14 subject to the requirements of this subdivision must be 614.15 certified separately to the county auditor under section 275.07. 614.16 All other provisions of subdivision 2 that do not conflict 614.17 with this subdivision apply to referendum levies under this 614.18 subdivision. 614.19 Subd. 11. [REFERENDUM DATE.] In addition to the referenda 614.20 allowed in subdivision 2, clause (a), the commissioner may 614.21 authorize a referendum for a different day. 614.22 (a) The commissioner may grant authority to a district to 614.23 hold a referendum on a different day if the district is in 614.24 statutory operating debt and has an approved plan or has 614.25 received an extension from the department to file a plan to 614.26 eliminate the statutory operating debt. 614.27 (b) The commissioner may grant authority for a district to 614.28 hold a referendum on a different day if: (1) the district will 614.29 conduct a bond election under chapter 475 on that same day; and 614.30 (2) the proceeds of the referendum will provide only additional 614.31 operating revenue necessitated by the facility for which bonding 614.32 authority is sought. The commissioner may only grant authority 614.33 under this paragraph if the district demonstrates to the 614.34 commissioner's satisfaction that the district's ability to 614.35 operate the new facility will be significantly affected if the 614.36 operating referendum is not conducted until the November general 615.1 election. Authority under this paragraph expires November 30, 615.2 1998. 615.3 (c) The commissioner must approve, deny, or modify each 615.4 district's request for a referendum levy on a different day 615.5 within 60 days of receiving the request from a district. 615.6 Subd. 12. [FISCAL YEAR 1997 REFERENDUM ALLOWANCE 615.7 REDUCTION.] For fiscal year 1997, a district's referendum 615.8 allowance under subdivision 1c is reduced by the amounts 615.9 calculated in paragraphs (a), (b), (c), and (d). 615.10 (a) The referendum allowance reduction equals the amount by 615.11 which a district's supplemental revenue reduction exceeds the 615.12 district's supplemental revenue allowance for fiscal year 1993. 615.13 (b) Notwithstanding paragraph (a), if a district's initial 615.14 referendum allowance is less than ten percent of the formula 615.15 allowance for that year, the reduction equals the lesser of (1) 615.16 an amount equal to $100, or (2) the amount calculated in 615.17 paragraph (a). 615.18 (c) Notwithstanding paragraph (a) or (b), a district's 615.19 referendum allowance reduction equals (1) an amount equal to 615.20 $100, times (2) one minus the ratio of 20 percent of the formula 615.21 allowance minus the district's initial referendum allowance 615.22 limit to 20 percent of the formula allowance for that year if: 615.23 (i) the district's adjusted net tax capacity for assessment 615.24 year 1992 per actual pupil unit for fiscal year 1995 is less 615.25 than $3,000; 615.26 (ii) the district's net unappropriated operating fund 615.27 balance as of June 30, 1993, divided by the actual pupil units 615.28 for fiscal year 1995 is less than $200; 615.29 (iii) the district's supplemental revenue allowance for 615.30 fiscal year 1993 is equal to zero; and 615.31 (iv) the district's initial referendum revenue authority 615.32 for the current year divided by the district's net tax capacity 615.33 for assessment year 1992 is greater than ten percent. 615.34 (d) Notwithstanding paragraph (a), (b), or (c), the 615.35 referendum revenue reduction for a newly reorganized district is 615.36 computed as follows: 616.1 (1) for a newly reorganized district created effective July 616.2 1, 1994, the referendum revenue reduction equals the lesser of 616.3 the amount calculated for the combined district under paragraph 616.4 (a), (b), or (c), or the sum of the amounts by which each of the 616.5 reorganizing district's supplemental revenue reduction exceeds 616.6 its respective supplemental revenue allowances calculated for 616.7 the districts as if they were still in existence for fiscal year 616.8 1995; or 616.9 (2) for a newly reorganized district created after July 1, 616.10 1994, the referendum revenue reduction equals the lesser of the 616.11 amount calculated for the combined district under paragraph (a), 616.12 (b), or (c), or the sum of the amounts by which each of the 616.13 reorganizing district's supplemental revenue reduction exceeds 616.14 its respective supplemental revenue allowances calculated for 616.15 the year preceding the year of reorganization. 616.16 Subd. 13. [REFERENDUM ALLOWANCE REDUCTION.] For fiscal 616.17 year 1998 and later, a district's referendum allowance for 616.18 referendum authority under subdivision 1c is reduced as provided 616.19 in this subdivision. 616.20 (a) For referendum revenue authority approved before June 616.21 1, 1996, and effective for fiscal year 1997, the reduction 616.22 equals the amount of the reduction computed for fiscal year 1997 616.23 under subdivision 3b. 616.24 (b) For referendum revenue authority approved before June 616.25 1, 1996, and effective beginning in fiscal year 1998, the 616.26 reduction equals the amount of the reduction computed for fiscal 616.27 year 1998 under subdivision 3b. 616.28 (c) For referendum revenue authority approved after May 31, 616.29 1996, there is no reduction. 616.30 (d) For districts with more than one referendum authority, 616.31 the reduction must be computed separately for each authority. 616.32 The reduction must be applied first to authorities levied 616.33 against tax capacity, and then to authorities levied against 616.34 referendum market value. For districts with more than one 616.35 authority levied against net tax capacity or against referendum 616.36 market value, the referendum allowance reduction must be applied 617.1 first to the authority with the earliest expiration date. 617.2 (e) For a newly reorganized district created after July 1, 617.3 1996, the referendum revenue reduction equals the lesser of the 617.4 amount calculated for the combined district, or the sum of the 617.5 amounts by which each of the reorganizing district's 617.6 supplemental revenue reduction exceeds its respective 617.7 supplemental revenue allowances calculated for the year 617.8 preceding the year of reorganization. 617.9 Sec. 103. [124D.35] [REFERENDUM AUTHORITY.] 617.10 Subdivision 1. [EXPIRATION.] Unless scheduled to expire 617.11 sooner, a referendum levy authorized under section 124A.03 617.12 expires July 1, 2000. This subdivision does not apply to a 617.13 referendum levy that is authorized for ten or fewer years and 617.14 that is levied against the referendum market value of all 617.15 taxable property located within the school district. 617.16 Subd. 2. [CONVERSION TO MARKET VALUE.] (a) Before June 1, 617.17 1997, by June 1 of each year, a board may, by resolution of a 617.18 majority of its board, convert any remaining portion of its 617.19 referendum authority under section 124A.03, subdivision 2, that 617.20 is authorized to be levied against net tax capacity to 617.21 referendum authority that is authorized to be levied against the 617.22 referendum market value of all taxable property located within 617.23 the district. At the option of the board, any remaining portion 617.24 of its referendum authority may be converted in two or more 617.25 parts at separate times. The referendum authority may be 617.26 converted from net tax capacity to referendum market value 617.27 according to a schedule adopted by resolution of the board for 617.28 years before taxes payable in 2001, provided that, for taxes 617.29 payable in 2001 and later, the full amount of the referendum 617.30 authority is levied against referendum market value. The board 617.31 must notify the commissioner of the amount of referendum 617.32 authority that has been converted from net tax capacity to 617.33 referendum market value, if any, by June 15, of each year. The 617.34 maximum length of a referendum converted under this paragraph is 617.35 ten years. 617.36 (b) For referendum levy amounts converted between June 1, 618.1 1997, and June 1, 1998, all other conditions of this subdivision 618.2 apply except that the maximum length of the referendum is 618.3 limited to seven years. 618.4 (c) For referendum levy amounts converted between June 1, 618.5 1998, and June 1, 1999, all other conditions of this subdivision 618.6 apply except that the maximum length of the referendum is 618.7 limited to six years. 618.8 (d) For referendum levy amounts converted between June 1, 618.9 1999, and June 1, 2000, all other conditions of this subdivision 618.10 apply except that the maximum length of the referendum is 618.11 limited to five years. 618.12 Subd. 3. [ALTERNATIVE CONVERSION.] A district that has a 618.13 referendum levied against net tax capacity that expires before 618.14 taxes payable in 1998 may convert its referendum authority 618.15 according to this subdivision. In the payable year before the 618.16 year of expiration, the board may authorize a referendum under 618.17 section 124A.03. Notwithstanding any other law to the contrary, 618.18 the district may propose, and if approved by its electors, have 618.19 its referendum authority reauthorized in part on tax capacity 618.20 and in part on referendum market value according to a schedule 618.21 adopted by resolution of the board for years before taxes 618.22 payable in 2001, provided that, for taxes payable in 2001 and 618.23 later, the full amount of referendum authority is levied against 618.24 referendum market value. If the full amount of the referendum 618.25 is reauthorized on referendum market value prior to taxes 618.26 payable in 1998, the referendum may extend for ten years. If 618.27 the referendum becomes fully reauthorized on referendum market 618.28 value for a later year, the referendum must not extend for more 618.29 than the maximum number of years allowed under subdivision 2. 618.30 Subd. 4. [REFERENDUM.] The board must prepare and publish 618.31 in the official legal newspaper of the district a notice of the 618.32 public meeting on the district's intent to convert any portion 618.33 of its referendum levy to market value not less than 30 days 618.34 before the scheduled date of the meeting. The resolution 618.35 converting a portion of the district's referendum levy to 618.36 referendum market value becomes final unless within 30 days 619.1 after the meeting where the resolution was adopted a petition 619.2 requesting an election signed by a number of qualified voters in 619.3 excess of 15 percent of the registered voters of the district on 619.4 the day the petition is filed with the board. If a petition is 619.5 filed, then the board resolution has no effect and the amount of 619.6 referendum revenue authority specified in the resolution cancels 619.7 for taxes payable in the following year and thereafter. The 619.8 board must schedule a referendum under section 124A.03, 619.9 subdivision 2. 619.10 Sec. 104. [124D.354] [ANNUAL FOUNDATION OR GENERAL 619.11 EDUCATION AID APPROPRIATION.] 619.12 There is annually appropriated from the general fund to the 619.13 department the amount necessary for general education aid. This 619.14 amount must be reduced by the amount of any money specifically 619.15 appropriated for the same purpose in any year from any state 619.16 fund. 619.17 Sec. 105. [124D.358] [SHARED TIME AID.] 619.18 Subdivision 1. [TO RESIDENT DISTRICT.] Aid for shared time 619.19 pupils must be paid to the district of the pupil's residence. 619.20 If a pupil attends shared time classes in another district, the 619.21 resident district must pay to the district of attendance an 619.22 amount of tuition equal to the ratio in section 124A.02, 619.23 subdivision 20, times the amount of tuition that would be 619.24 charged and paid for a nonresident public school pupil in a 619.25 similar circumstance. The district of residence is not 619.26 obligated for tuition except by previous agreement. 619.27 Subd. 2. [EXCEPTION.] Notwithstanding subdivision 1, the 619.28 resident district of a shared time pupil attending shared time 619.29 classes in another district may grant the district of 619.30 attendance, upon its request, permission to claim the pupil as a 619.31 resident for state aid purposes. In this case, state aid must 619.32 be paid to the district of attendance and, upon agreement, the 619.33 district of attendance may bill the resident district for any 619.34 unreimbursed education costs, but not for unreimbursed 619.35 transportation costs. The agreement may, however, provide for 619.36 the resident district to pay the cost of any of the particular 620.1 transportation categories specified in section 124.225, 620.2 subdivision 1, and in this case, aid for those categories must 620.3 be paid to the district of residence rather than to the district 620.4 of attendance. 620.5 Subd. 3. [SECTION 123.935 SERVICES.] Minutes of enrollment 620.6 in a public school during which a nonpublic school pupil 620.7 receives services pursuant to section 123.935 must not be used 620.8 in the computation of shared time aid. 620.9 Subd. 4. [LOCATION OF SERVICES.] Public school programs 620.10 may be provided to shared time pupils only at a public school 620.11 building. Special instruction and services for children with a 620.12 disability required pursuant to section 120.17 may also be 620.13 provided at a neutral site as defined in section 123.932, and 620.14 diagnostic and health services required pursuant to section 620.15 120.17 may also be provided at a nonpublic school building. As 620.16 used in this subdivision, "diagnostic services" means speech, 620.17 hearing, vision, psychological, medical and dental diagnostic 620.18 services and "health services" means physician, nursing or 620.19 optometric services provided to pupils in the field of physical 620.20 and mental health. 620.21 Sec. 106. [124D.36] [DEDUCTIONS FROM GENERAL EDUCATION 620.22 AID.] 620.23 Subdivision 1. [PERMANENT SCHOOL FUND.] The amount of 620.24 money received by a district as income from the permanent school 620.25 fund for any year must be deducted from the general education 620.26 aid earned by the district for the same year or from aid earned 620.27 from other state sources. 620.28 Subd. 2. [MINIMUM.] The amount payable to any district 620.29 from state sources for any one year may not be reduced below the 620.30 amount payable as apportionment of the school endowment fund 620.31 pursuant to sections 124.08 to 124.10. 620.32 Subd. 3. [COUNTY APPORTIONMENT DEDUCTION.] Each year the 620.33 amount of money apportioned to a district for that year pursuant 620.34 to section 124.10, subdivision 2, excluding any district where 620.35 the general education levy is determined according to section 620.36 124A.23, subdivision 3, must be deducted from the general 621.1 education aid earned by that district for the same year or from 621.2 aid earned from other state sources. 621.3 Subd. 4. [TACONITE DEDUCTIONS.] (1) Notwithstanding any 621.4 provisions of any other law to the contrary, the adjusted net 621.5 tax capacity used in calculating general education aid may 621.6 include only property that is currently taxable in the district. 621.7 (2) For districts that received payments under sections 621.8 298.018; 298.23 to 298.28; 298.34 to 298.39; 298.391 to 298.396; 621.9 and 298.405; any law imposing a tax upon severed mineral values, 621.10 or recognized revenue pursuant to section 477A.15; the general 621.11 education aid must be reduced in the final adjustment payment by 621.12 the difference between the dollar amount of the payments 621.13 received pursuant to those sections, or revenue recognized 621.14 pursuant to section 477A.15 in the fiscal year to which the 621.15 final adjustment is attributable and the amount that was 621.16 calculated, pursuant to section 124.918, subdivision 8, as a 621.17 reduction of the levy attributable to the fiscal year to which 621.18 the final adjustment is attributable. If the final adjustment 621.19 of a district's general education aid for a fiscal year is a 621.20 negative amount because of this clause, the next fiscal year's 621.21 general education aid to that district must be reduced by this 621.22 negative amount in the following manner: there must be withheld 621.23 from each scheduled general education aid payment due the 621.24 district in such fiscal year, 15 percent of the total negative 621.25 amount, until the total negative amount has been withheld. The 621.26 amount reduced from general education aid pursuant to this 621.27 clause must be recognized as revenue in the fiscal year to which 621.28 the final adjustment payment is attributable. 621.29 Sec. 107. [124D.364] [PAYMENTS TO RESIDENT AND NONRESIDENT 621.30 DISTRICTS.] 621.31 Subdivision 1. [AID TO DISTRICT OF RESIDENCE.] General 621.32 education aid must be paid to the district of residence unless 621.33 otherwise specifically provided by law. 621.34 Subd. 2. [REPORTING; REVENUE FOR HOMELESS.] For all school 621.35 purposes, unless otherwise specifically provided by law, a 621.36 homeless pupil must be considered a resident of the school 622.1 district that enrolls the pupil. 622.2 Subd. 3. [DISTRICT WITHOUT SCHOOLS.] Except as otherwise 622.3 provided in law, any district not maintaining classified 622.4 elementary or secondary schools must pay the tuition required in 622.5 order to enable resident pupils to attend school in another 622.6 district when necessary, and must receive general education aid 622.7 on the same basis as other districts. The aid must be computed 622.8 as if the pupils were enrolled in the district of residence. 622.9 Subd. 4. [NOTIFICATION OF RESIDENT DISTRICT.] A district 622.10 educating a pupil who is a resident of another district must 622.11 notify the district of residence within 60 days of the date the 622.12 pupil is determined by the district to be a nonresident, but not 622.13 later than August 1 following the end of the school year in 622.14 which the pupil is educated. If the district of residence does 622.15 not receive a notification from the providing district pursuant 622.16 to this subdivision, it is not liable to that district for any 622.17 tuition billing received after August 1 of the next school year. 622.18 Subd. 5. [STATE AGENCY AND COURT PLACEMENTS.] If a state 622.19 agency or a court of the state desires to place a child in a 622.20 district that is not the child's district of residence, that 622.21 agency or court must, before placement, allow the district of 622.22 residence an opportunity to participate in the placement 622.23 decision and notify the district of residence, the district of 622.24 attendance and the commissioner of the placement decision. When 622.25 a state agency or court determines that an immediate emergency 622.26 placement is necessary and that time does not permit district 622.27 participation in the placement decision or notice to the 622.28 districts and the commissioner of the placement decision before 622.29 the placement, the agency or court may make the decision and 622.30 placement without that participation or prior notice. The 622.31 agency or court must notify the district of residence, the 622.32 district of attendance and the commissioner of an emergency 622.33 placement within 15 days of the placement. 622.34 Subd. 6. [ALTERNATIVE ATTENDANCE PROGRAMS.] The general 622.35 education aid for districts must be adjusted for each pupil 622.36 attending a nonresident district under sections 120.062, 623.1 120.075, 120.0751, 120.0752, 124C.45 to 124C.48, and 126.22. 623.2 The adjustments must be made according to this subdivision. 623.3 (a) General education aid paid to a resident district must 623.4 be reduced by an amount equal to the general education revenue 623.5 exclusive of compensatory revenue attributable to the pupil in 623.6 the resident district. 623.7 (b) General education aid paid to a district serving a 623.8 pupil in programs listed in this subdivision must be increased 623.9 by an amount equal to the general education revenue exclusive of 623.10 compensatory revenue attributable to the pupil in the 623.11 nonresident district. 623.12 (c) If the amount of the reduction to be made from the 623.13 general education aid of the resident district is greater than 623.14 the amount of general education aid otherwise due the district, 623.15 the excess reduction must be made from other state aids due the 623.16 district. 623.17 (d) The district of residence must pay tuition to a 623.18 district or an area learning center, operated according to 623.19 paragraph (e), providing special instruction and services to a 623.20 pupil with a disability, as defined in section 120.03, or a 623.21 pupil, as defined in section 120.181, who is enrolled in a 623.22 program listed in this subdivision. The tuition must be equal 623.23 to (1) the actual cost of providing special instruction and 623.24 services to the pupil, including a proportionate amount for debt 623.25 service and for capital expenditure facilities and equipment, 623.26 and debt service but not including any amount for 623.27 transportation, minus (2) the amount of general education aid, 623.28 the amount of capital expenditure facilities aid and capital 623.29 expenditure equipment aid received under section 124.245, 623.30 subdivision 6, and special education aid, attributable to that 623.31 pupil, that is received by the district providing special 623.32 instruction and services. 623.33 (e) An area learning center operated by a service 623.34 cooperative, intermediate district, education district, or a 623.35 joint powers cooperative may elect through the action of the 623.36 constituent boards to charge tuition for pupils rather than to 624.1 calculate general education aid adjustments under paragraph (a), 624.2 (b), or (c). The tuition must be equal to the greater of the 624.3 average general education revenue per pupil unit attributable to 624.4 the pupil, or the actual cost of providing the instruction, 624.5 excluding transportation costs, if the pupil meets the 624.6 requirements of section 120.03 or 120.181. 624.7 Subd. 7. [CHARTER SCHOOLS.] (a) The general education aid 624.8 for districts must be adjusted for each pupil attending a 624.9 charter school under section 120.064. The adjustments must be 624.10 made according to this subdivision. 624.11 (b) General education aid paid to a resident district must 624.12 be reduced by an amount equal to the general education revenue 624.13 exclusive of compensatory revenue. 624.14 (c) General education aid paid to a district in which a 624.15 charter school not providing transportation according to section 624.16 120.064, subdivision 15, is located must be increased by an 624.17 amount equal to the product of: (1) the sum of $170, plus the 624.18 transportation sparsity allowance for the district, plus the 624.19 transportation transition allowance for the district; times (2) 624.20 the pupil units attributable to the pupil. 624.21 (d) If the amount of the reduction to be made from the 624.22 general education aid of the resident district is greater than 624.23 the amount of general education aid otherwise due the district, 624.24 the excess reduction must be made from other state aids due the 624.25 district. 624.26 Sec. 108. [124D.368] [TRAINING AND EXPERIENCE INDEX.] 624.27 The training and experience index must be constructed in 624.28 the following manner: 624.29 (a) The department must construct a matrix that classifies 624.30 teachers by the extent of training received in accredited 624.31 institutions of higher education and by the years of experience 624.32 that districts take into account in determining teacher salaries. 624.33 (b) The average salary for each cell of the matrix must be 624.34 computed as follows using data from the second year of the 624.35 previous biennium: 624.36 (1) For each district, multiply the salary paid to 625.1 full-time equivalent teachers with that combination of training 625.2 and experience according to the district's teacher salary 625.3 schedule by the number of actual pupil units in that district. 625.4 (2) Add the amounts computed in clause (1) for all 625.5 districts in the state and divide the resulting sum by the total 625.6 number of actual pupil units in all districts in the state that 625.7 employ teachers. 625.8 (c) For each cell in the matrix, compute the ratio of the 625.9 average salary in that cell to the average salary for all 625.10 teachers in the state. 625.11 (d) The index for each district that employs teachers 625.12 equals the sum of the ratios for each teacher in that district 625.13 divided by the number of teachers in that district. The index 625.14 for a district that employs no teachers is zero. 625.15 Sec. 109. [124D.37] [GENERAL EDUCATION REVENUE.] 625.16 Subdivision 1. [GENERAL EDUCATION REVENUE.] (a) For fiscal 625.17 year 1996, the general education revenue for each district 625.18 equals the sum of the district's basic revenue, compensatory 625.19 education revenue, training and experience revenue, secondary 625.20 sparsity revenue, elementary sparsity revenue, and supplemental 625.21 revenue. 625.22 (b) For fiscal year 1997 and thereafter, the general 625.23 education revenue for each district equals the sum of the 625.24 district's basic revenue, compensatory education revenue, 625.25 secondary sparsity revenue, elementary sparsity revenue, 625.26 transportation sparsity, total operating capital revenue, 625.27 transition revenue, and supplemental revenue. 625.28 Subd. 2. [BASIC REVENUE.] The basic revenue for each 625.29 district equals the formula allowance times the actual pupil 625.30 units for the school year. The formula allowance for fiscal 625.31 year 1997 is $3,505 and for fiscal year 1998 and subsequent 625.32 fiscal years the formula allowance is $3,430. 625.33 Subd. 3. [CONTRACT DEADLINE AND PENALTY.] (a) The 625.34 following definitions apply to this subdivision: 625.35 (1) "Public employer" means: 625.36 (i) a district; and 626.1 (ii) a public employer, as defined by section 179A.03, 626.2 subdivision 15, other than a district that (i) negotiates a 626.3 contract under chapter 179A with teachers, and (ii) is 626.4 established by, receives state money, or levies under chapters 626.5 120 to 129, or 136D, or 268A. 626.6 (2) "Teacher" means a person, other than a superintendent 626.7 or assistant superintendent, principal, assistant principal, or 626.8 a supervisor or confidential employee who occupies a position 626.9 for which the person must be licensed by the board of teaching, 626.10 state board of education, the former board of technical 626.11 colleges, or the board of trustees of the Minnesota state 626.12 colleges and universities. 626.13 (b) Notwithstanding any law to the contrary, a public 626.14 employer and the exclusive representative of the teachers must 626.15 both sign a collective bargaining agreement on or before January 626.16 15 of an even-numbered calendar year. If a collective 626.17 bargaining agreement is not signed by that date, state aid paid 626.18 to the public employer for that fiscal year must be reduced. 626.19 However, state aid must not be reduced if: 626.20 (1) a public employer and the exclusive representative of 626.21 the teachers have submitted all unresolved contract items to 626.22 interest arbitration according to section 179A.16 before 626.23 December 31 of an odd-numbered year and filed required final 626.24 positions on all unresolved items with the commissioner of 626.25 mediation services before January 15 of an even-numbered year; 626.26 and 626.27 (2) the arbitration panel has issued its decision within 60 626.28 days after the date the final positions were filed. 626.29 (c)(1) For a district that reorganizes according to section 626.30 122.22, 122.23, or 122.241 to 122.248 effective July 1 of an 626.31 odd-numbered year, state aid must not be reduced according to 626.32 this subdivision if the board and the exclusive representative 626.33 of the teachers both sign a collective bargaining agreement on 626.34 or before the March 15 following the effective date of 626.35 reorganization. 626.36 (2) For a district that jointly negotiates a contract 627.1 before the effective date of reorganization under section 627.2 122.22, 122.23, or 122.241 to 122.248 that, for the first time, 627.3 includes teachers in all districts to be reorganized, state aid 627.4 must not be reduced according to this subdivision if the board 627.5 and the exclusive representative of the teachers sign a 627.6 collective bargaining agreement on or before the March 15 627.7 following the expiration of the teacher contracts in each 627.8 district involved in the joint negotiation. 627.9 (3) Only one extension of the contract deadline is 627.10 available to a district under this paragraph. 627.11 (d) The reduction must equal $25 times the number of fund 627.12 balance pupil units: 627.13 (1) for a district, that are in the district during that 627.14 fiscal year; or 627.15 (2) for a public employer other than a district, that are 627.16 in programs provided by the employer during the preceding fiscal 627.17 year. 627.18 The department must determine the number of full-time 627.19 equivalent actual pupil units in the programs. The department 627.20 must reduce general education aid; if general education aid is 627.21 insufficient or not paid, the department must reduce other state 627.22 aids. 627.23 (e) Reductions from aid to districts and public employers 627.24 other than districts must be returned to the general fund. 627.25 Subd. 4. [COMPENSATORY EDUCATION REVENUE.] The 627.26 compensatory education revenue for each district equals the 627.27 formula allowance less $300 times the AFDC pupil units computed 627.28 according to section 124.17, subdivision 1d. 627.29 Subd. 5. [TRAINING AND EXPERIENCE REVENUE.] The training 627.30 and experience revenue for each district equals the greater of 627.31 zero or the result of the following computation: 627.32 (1) subtract .8 from the training and experience index; 627.33 (2) multiply the result in clause (1) by the product of 627.34 $660 times the actual pupil units for the school year. 627.35 Subd. 6. [FISCAL YEAR 1996 TRAINING AND EXPERIENCE 627.36 LEVY.] A district's training and experience levy for fiscal year 628.1 1996 equals its training and experience revenue times the lesser 628.2 of one or the ratio of the district's adjusted net tax capacity 628.3 per actual pupil unit for the year before the year the levy is 628.4 certified to the equalizing factor for the school year to which 628.5 the levy is attributable. 628.6 Subd. 7. [FISCAL YEAR 1996 TRAINING AND EXPERIENCE AID.] A 628.7 district's training and experience aid for fiscal year 1996 628.8 equals its training and experience revenue minus its training 628.9 and experience levy times the ratio of the actual amount levied 628.10 to the permitted levy. 628.11 Subd. 8. [DEFINITIONS.] The definitions in this 628.12 subdivision apply only to subdivisions 6 and 6a. 628.13 (a) "High school" means a secondary school that has pupils 628.14 enrolled in at least the 10th, 11th, and 12th grades. If there 628.15 is no secondary school in the district that has pupils enrolled 628.16 in at least the 10th, 11th, and 12th grades, and the school is 628.17 at least 19 miles from the next nearest school, the commissioner 628.18 must designate one school in the district as a high school for 628.19 the purposes of this section. 628.20 (b) "Secondary average daily membership" means, for a 628.21 district that has only one high school, the average daily 628.22 membership of resident pupils in grades 7 through 12. For a 628.23 district that has more than one high school, "secondary average 628.24 daily membership" for each high school means the product of the 628.25 average daily membership of resident pupils in grades 7 through 628.26 12 in the high school, times the ratio of six to the number of 628.27 grades in the high school. 628.28 (c) "Attendance area" means the total surface area of the 628.29 district, in square miles, divided by the number of high schools 628.30 in the district. For a district that does not operate a high 628.31 school and is less than 19 miles from the nearest operating high 628.32 school, the attendance area equals zero. 628.33 (d) "Isolation index" for a high school means the square 628.34 root of 55 percent of the attendance area plus the distance in 628.35 miles, according to the usually traveled routes, between the 628.36 high school and the nearest high school. For a district in 629.1 which there is located land defined in section 84A.01, 84A.20, 629.2 or 84A.31, the distance in miles is the sum of: 629.3 (1) the square root of one-half of the attendance area; and 629.4 (2) the distance from the border of the district to the 629.5 nearest high school. 629.6 (e) "Qualifying high school" means a high school that has 629.7 an isolation index greater than 23 and that has secondary 629.8 average daily membership of less than 400. 629.9 (f) "Qualifying elementary school" means an elementary 629.10 school that is located 19 miles or more from the nearest 629.11 elementary school or from the nearest elementary school within 629.12 the district and, in either case, has an elementary average 629.13 daily membership of an average of 20 or fewer per grade. 629.14 (g) "Elementary average daily membership" means, for a 629.15 district that has only one elementary school, the average daily 629.16 membership of resident pupils in kindergarten through grade 6. 629.17 For a district that has more than one elementary school, 629.18 "average daily membership" for each school means the average 629.19 daily membership of kindergarten through grade 6 multiplied by 629.20 the ratio of seven to the number of grades in the elementary 629.21 school. For a building in a district where the nearest 629.22 elementary school is at least 65 miles distant, pupils served 629.23 must be used to determine average daily membership. 629.24 Subd. 9. [SECONDARY SPARSITY REVENUE.] (a) A district's 629.25 secondary sparsity revenue for a school year equals the sum of 629.26 the results of the following calculation for each qualifying 629.27 high school in the district: 629.28 (1) the formula allowance for the school year less $300, 629.29 multiplied by 629.30 (2) the secondary average daily membership of the high 629.31 school, multiplied by 629.32 (3) the quotient obtained by dividing 400 minus the 629.33 secondary average daily membership by 400 plus the secondary 629.34 daily membership, multiplied by 629.35 (4) the lesser of 1.5 or the quotient obtained by dividing 629.36 the isolation index minus 23 by ten. 630.1 (b) A newly formed district that is the result of districts 630.2 combining under the cooperation and combination program or 630.3 consolidating under section 122.23 must receive secondary 630.4 sparsity revenue equal to the greater of: (1) the amount 630.5 calculated under paragraph (a) for the combined district; or (2) 630.6 the sum of the amounts of secondary sparsity revenue the former 630.7 districts had in the year before consolidation, increased for 630.8 any subsequent changes in the secondary sparsity formula. 630.9 Subd. 10. [ELEMENTARY SPARSITY REVENUE.] A district's 630.10 elementary sparsity revenue equals the sum of the following 630.11 amounts for each qualifying elementary school in the district: 630.12 (1) the formula allowance for the year less $300, 630.13 multiplied by 630.14 (2) the elementary average daily membership of the school, 630.15 multiplied by 630.16 (3) the quotient obtained by dividing 140 minus the 630.17 elementary average daily membership by 140 plus the average 630.18 daily membership. 630.19 Subd. 11. [SUPPLEMENTAL REVENUE.] (a) A district's 630.20 supplemental revenue allowance for fiscal year 1994 and later 630.21 fiscal years equals the district's supplemental revenue for 630.22 fiscal year 1993 divided by the district's 1992-1993 actual 630.23 pupil units. 630.24 (b) A district's supplemental revenue allowance is reduced 630.25 for fiscal year 1995 and later according to subdivision 9. 630.26 (c) A district's supplemental revenue equals the 630.27 supplemental revenue allowance, if any, times its actual pupil 630.28 units for that year. 630.29 (d) A district may cancel its supplemental revenue by 630.30 notifying the commissioner of education before June 30, 1994. A 630.31 district that is reorganizing under section 122.22, 122.23, or 630.32 122.241 may cancel its supplemental revenue by notifying the 630.33 commissioner of children, families, and learning before July 1 630.34 of the year of the reorganization. If a district cancels its 630.35 supplemental revenue according to this paragraph, its 630.36 supplemental revenue allowance for fiscal year 1993 for purposes 631.1 of subdivision 9 and section 124A.03, subdivision 3b, equals 631.2 zero. 631.3 Subd. 12. [SUPPLEMENTAL LEVY.] To obtain supplemental 631.4 revenue, a district may levy an amount not more than the product 631.5 of its supplemental revenue for the school year times the lesser 631.6 of one or the ratio of its general education levy to its general 631.7 education revenue, excluding transition revenue and supplemental 631.8 revenue, for the same year. 631.9 Subd. 13. [SUPPLEMENTAL AID.] A district's supplemental 631.10 aid equals its supplemental revenue minus its supplemental levy 631.11 times the ratio of the actual amount levied to the permitted 631.12 levy. 631.13 Subd. 14. [SUPPLEMENTAL REVENUE REDUCTION.] A district's 631.14 supplemental revenue allowance is reduced by the sum of: 631.15 (1) the sum of one-fourth of the difference of: 631.16 (i) the sum of the district's training and experience 631.17 revenue and compensatory revenue per actual pupil unit for 631.18 fiscal year 1996, and 631.19 (ii) the sum of district's training and experience revenue 631.20 and compensatory revenue per actual pupil unit for fiscal year 631.21 1994; and 631.22 (2) $100. 631.23 A district's supplemental revenue allowance may not be less 631.24 than zero. 631.25 Subd. 15. [TOTAL OPERATING CAPITAL REVENUE.] (a) For 631.26 fiscal year 1997 and thereafter, total operating capital revenue 631.27 for a district equals the amount determined under paragraph (b), 631.28 (c), (d), (e), or (f), plus $68 times the actual pupil units for 631.29 the school year. The revenue must be placed in a reserved 631.30 account in the general fund and may only be used according to 631.31 subdivision 11. 631.32 (b) For fiscal years 1996 and later, capital revenue for a 631.33 district equals $100 times the district's maintenance cost index 631.34 times its actual pupil units for the school year. 631.35 (c) For 1996 and later fiscal years, the previous formula 631.36 revenue for a district equals $128 times its actual pupil units 632.1 for fiscal year 1995. 632.2 (d) Notwithstanding paragraph (b), for fiscal year 1996, 632.3 the revenue for each district equals 25 percent of the amount 632.4 determined in paragraph (b) plus 75 percent of the previous 632.5 formula revenue. 632.6 (e) Notwithstanding paragraph (b), for fiscal year 1997, 632.7 the revenue for each district equals 50 percent of the amount 632.8 determined in paragraph (b) plus 50 percent of the previous 632.9 formula revenue. 632.10 (f) Notwithstanding paragraph (b), for fiscal year 1998, 632.11 the revenue for each district equals 75 percent of the amount 632.12 determined in paragraph (b) plus 25 percent of the previous 632.13 formula revenue. 632.14 (g) The revenue for a district that operates a program 632.15 under section 121.585, is increased by an amount equal to $15 632.16 times the number of actual pupil units at the site where the 632.17 program is implemented. 632.18 Subd. 16. [USES OF TOTAL OPERATING CAPITAL REVENUE.] Total 632.19 operating capital revenue may be used only for the following 632.20 purposes: 632.21 (1) to acquire land for school purposes; 632.22 (2) to acquire or construct buildings for school purposes, 632.23 up to $400,000; 632.24 (3) to rent or lease buildings, including the costs of 632.25 building repair or improvement that are part of a lease 632.26 agreement; 632.27 (4) to improve and repair school sites and buildings, and 632.28 equip or reequip school buildings with permanent attached 632.29 fixtures; 632.30 (5) for a surplus school building that is used 632.31 substantially for a public nonschool purpose; 632.32 (6) to eliminate barriers or increase access to school 632.33 buildings by individuals with a disability; 632.34 (7) to bring school buildings into compliance with the 632.35 uniform fire code adopted according to chapter 299F; 632.36 (8) to remove asbestos from school buildings, encapsulate 633.1 asbestos, or make asbestos-related repairs; 633.2 (9) to clean up and dispose of polychlorinated biphenyls 633.3 found in school buildings; 633.4 (10) to clean up, remove, dispose of, and make repairs 633.5 related to storing heating fuel or transportation fuels such as 633.6 alcohol, gasoline, fuel oil, and special fuel, as defined in 633.7 section 296.01; 633.8 (11) for energy audits for school buildings and to modify 633.9 buildings if the audit indicates the cost of the modification 633.10 can be recovered within ten years; 633.11 (12) to improve buildings that are leased according to 633.12 section 123.36, subdivision 10; 633.13 (13) to pay special assessments levied against school 633.14 property but not to pay assessments for service charges; 633.15 (14) to pay principal and interest on state loans for 633.16 energy conservation according to section 216C.37 or loans made 633.17 under the northeast Minnesota economic protection trust fund act 633.18 according to sections 298.292 to 298.298; 633.19 (15) to purchase or lease interactive telecommunications 633.20 equipment; 633.21 (16) by board resolution, to transfer money into the debt 633.22 redemption fund to pay the amounts needed to meet, when due, 633.23 principal and interest payments on certain obligations issued 633.24 according to chapter 475; 633.25 (17) to pay capital expenditure equipment-related 633.26 assessments of any entity formed under a cooperative agreement 633.27 between two or more districts; 633.28 (18) to purchase or lease computers and related materials, 633.29 copying machines, telecommunications equipment, and other 633.30 noninstructional equipment; 633.31 (19) to purchase or lease assistive technology or equipment 633.32 for instructional programs; 633.33 (20) to purchase textbooks; 633.34 (21) to purchase new and replacement library books; 633.35 (22) to purchase vehicles; 633.36 (23) to purchase or lease telecommunications equipment, 634.1 computers, and related equipment for integrated information 634.2 management systems for: 634.3 (i) managing and reporting learner outcome information for 634.4 all students under a results-oriented graduation rule; 634.5 (ii) managing student assessment, services, and achievement 634.6 information required for students with individual education 634.7 plans; and 634.8 (iii) other classroom information management needs; and 634.9 (24) to pay personnel costs directly related to the 634.10 acquisition, operation, and maintenance of telecommunications 634.11 systems, computers, related equipment, and network and 634.12 applications software. 634.13 Subd. 17. [USES OF REVENUE.] Except as otherwise 634.14 prohibited by law, a district may spend general fund money for 634.15 capital purposes. 634.16 Subd. 18. [MAINTENANCE COST INDEX.] (a) A district's 634.17 maintenance cost index is equal to the ratio of: 634.18 (1) the total weighted square footage for all eligible 634.19 district-owned facilities; and 634.20 (2) the total unweighted square footage of these facilities. 634.21 (b) The department shall determine a district's maintenance 634.22 cost index annually. Eligible district-owned facilities must 634.23 include only instructional or administrative square footage 634.24 owned by the district. The commissioner may adjust the age of a 634.25 building or addition for major renovation projects. 634.26 (c) The square footage weighting factor for each original 634.27 building or addition equals the lesser of: 634.28 (1) one plus the ratio of the age in years to 100; or 634.29 (2) 1.5. 634.30 (d) The weighted square footage for each original building 634.31 or addition equals the product of the unweighted square footage 634.32 times the square footage weighting factor. 634.33 Subd. 19. [TRANSPORTATION SPARSITY DEFINITIONS.] The 634.34 definitions in this subdivision apply to subdivisions 13a and 634.35 13b. 634.36 (a) "Sparsity index" for a district means the greater of .2 635.1 or the ratio of the square mile area of the district to the 635.2 actual pupil units of the district. 635.3 (b) "Density index" for a district means the ratio of the 635.4 square mile area of the district to the actual pupil units of 635.5 the district. However, the density index for a district cannot 635.6 be greater than .2 or less than .005. 635.7 (c) "Fiscal year 1996 base allowance" for a district means 635.8 the result of the following computation: 635.9 (1) sum the following amounts: 635.10 (i) the fiscal year 1996 regular transportation revenue for 635.11 the district according to section 124.225, subdivision 7d, 635.12 paragraph (a), excluding the revenue attributable nonpublic 635.13 school pupils and to pupils with disabilities receiving special 635.14 transportation services; plus 635.15 (ii) the fiscal year 1996 nonregular transportation revenue 635.16 for the district according to section 124.225, subdivision 7d, 635.17 paragraph (b), excluding the revenue for desegregation 635.18 transportation according to section 124.225, subdivision 1, 635.19 paragraph (c), clause (4), and the revenue attributable to 635.20 nonpublic school pupils and to pupils with disabilities 635.21 receiving special transportation services or board and lodging; 635.22 plus 635.23 (iii) the fiscal year 1996 excess transportation levy for 635.24 the district according to section 124.226, subdivision 5, 635.25 excluding the levy attributable to nonpublic school pupils; plus 635.26 (iv) the fiscal year 1996 late activity bus levy for the 635.27 district according to section 124.226, subdivision 9, excluding 635.28 the levy attributable to nonpublic school pupils; plus 635.29 (v) an amount equal to one-third of the fiscal year 1996 635.30 bus depreciation for the district according to section 124.225, 635.31 subdivision 1, paragraph (b), clauses (2), (3), and (4). 635.32 (2) divide the result in clause (1) by the district's 635.33 1995-1996 actual pupil units. 635.34 Subd. 20. [TRANSPORTATION SPARSITY REVENUE ALLOWANCE.] (a) 635.35 A district's transportation sparsity allowance equals the 635.36 greater of zero or the result of the following computation: 636.1 (i) Multiply the formula allowance according to section 636.2 124A.22, subdivision 2, by .1469. 636.3 (ii) Multiply the result in clause (i) by the district's 636.4 sparsity index raised to the 26/100 power. 636.5 (iii) Multiply the result in clause (ii) by the district's 636.6 density index raised to the 13/100 power. 636.7 (iv) Multiply the formula allowance according to section 636.8 124A.22, subdivision 2, by .0485. 636.9 (v) Subtract the result in clause (iv) from the result in 636.10 clause (iii). 636.11 (b) Transportation sparsity revenue is equal to the 636.12 transportation sparsity allowance times the actual pupil units. 636.13 Subd. 21. [TRANSITION ALLOWANCE.] (a) A district's 636.14 transportation transition allowance for fiscal year 1997 equals 636.15 the result of the following computation: 636.16 (1) if the result in subdivision 13a, paragraph (a), clause 636.17 (iii), for fiscal year 1997 is less than the fiscal year 1996 636.18 base allowance, the transportation transition allowance equals 636.19 the fiscal year 1996 base allowance minus the result in 636.20 subdivision 13a, paragraph (a), clause (iii). 636.21 (2) if the result in subdivision 13a, paragraph (b), for 636.22 fiscal year 1997 is greater than the fiscal year 1996 base 636.23 allowance and less than 110 percent of the fiscal year 1996 base 636.24 allowance, the transportation transition allowance equals zero. 636.25 (3) if the result in subdivision 13a, paragraph (b), for 636.26 fiscal year 1997 is greater than 110 percent of the fiscal year 636.27 1996 base allowance, the transportation transition allowance 636.28 equals 110 percent of the fiscal year 1996 base allowance minus 636.29 the result in subdivision 13a, paragraph (a), clause (iii). 636.30 (b) A district's transportation transition allowance for 636.31 fiscal year 1998 equals the result of the following: 636.32 (1) if the result in subdivision 13a, paragraph (a), clause 636.33 (iii), for fiscal year 1998 is less than the fiscal year 1996 636.34 base allowance, the transportation transition allowance equals 636.35 the fiscal year 1996 base allowance minus the result in 636.36 subdivision 13a, paragraph (a), clause (iii); or 637.1 (2) if the result in subdivision 13a, paragraph (a), clause 637.2 (iii), for fiscal year 1998 is greater than or equal to the 637.3 fiscal year 1996 base allowance, the transportation transition 637.4 allowance equals zero. 637.5 (c) For fiscal years 1997 and 1998, a district's training 637.6 and experience transition allowance is equal to the training and 637.7 experience revenue the district would have received under 637.8 Minnesota Statutes 1994, section 124A.22, subdivision 4, divided 637.9 by the actual pupil units for fiscal year 1997 minus $130. For 637.10 fiscal year 1999 and later, a district's training and experience 637.11 transition allowance equals zero. 637.12 If the training and experience transition allowance is less 637.13 than zero, the reduction must be determined according to the 637.14 following schedule: 637.15 (i) for fiscal year 1997, the reduction is equal to .9 637.16 times the amount initially determined; 637.17 (ii) for fiscal year 1998, the reduction is equal to .75 637.18 times the amount initially determined; 637.19 (iii) for fiscal year 1999, the reduction is equal to .50 637.20 times the amount initially determined; 637.21 (iv) for fiscal year 2000, the reduction is equal to .25 637.22 times the amount initially determined; and 637.23 (v) for fiscal year 2001 and thereafter, the transition 637.24 allowance must not be less than zero. 637.25 (d) A district's transition allowance for fiscal year 1997 637.26 and thereafter is equal to the sum of its transportation 637.27 transition allowance and its training and experience transition 637.28 allowance. 637.29 Subd. 22. [TRANSITION REVENUE ADJUSTMENT.] A district's 637.30 transition revenue adjustment equals the district's transition 637.31 allowance times the actual pupil units for the school year. 637.32 Subd. 23. [TRANSITION LEVY ADJUSTMENT.] A district's 637.33 general education levy must be adjusted by an amount equal to 637.34 the district's transition revenue times the lesser of 1 or the 637.35 ratio of the district's general education levy to its general 637.36 education revenue, excluding transition revenue and supplemental 638.1 revenue. 638.2 Subd. 24. [TRANSITION AID ADJUSTMENT.] A district's 638.3 transition aid adjustment is the difference between the 638.4 transition revenue and the transition levy. 638.5 Subd. 25. [TRAINING AND EXPERIENCE REVENUE.] Training and 638.6 experience revenue for each district equals the greater of zero 638.7 or the result of the following computation: 638.8 (1) subtract .8 from the training and experience index; 638.9 (2) multiply the result in clause (1) by the product of 638.10 $660 times the actual pupil units for that school year. 638.11 Sec. 110. [124D.374] [LEARNING AND DEVELOPMENT REVENUE 638.12 AMOUNT AND USE.] 638.13 Subdivision 1. [REVENUE.] Of a district's general 638.14 education revenue an amount equal to the sum of the number of 638.15 elementary fund balance pupils in average daily membership 638.16 defined in section 124.17, subdivision 1h, and one-half of the 638.17 number of kindergarten fund balance pupils in average daily 638.18 membership as defined in section 124.17, subdivision 1h, times 638.19 .06 for fiscal year 1995 and thereafter times the formula 638.20 allowance must be reserved according to this section. 638.21 Subd. 2. [INSTRUCTOR DEFINED.] Primary instructor means a 638.22 public employee licensed by the board of teaching whose duties 638.23 are full-time instruction, excluding a teacher for whom 638.24 categorical aids are received pursuant to sections 124.3201, 638.25 124.3202, and 124.321. Except as provided in section 125.230, 638.26 subdivision 6, instructor does not include supervisory and 638.27 support personnel, except school social workers as defined in 638.28 section 125.03. An instructor whose duties are less than 638.29 full-time instruction must be included as an equivalent only for 638.30 the number of hours of instruction in grades kindergarten 638.31 through 6. 638.32 Subd. 3. [INSTRUCTION CONTACT TIME.] Instruction may be 638.33 provided by a primary instructor, by a team of instructors, or 638.34 by teacher resident supervised by a primary instructor. The 638.35 district must maximize instructor-to-learner average 638.36 instructional contact time. 639.1 Subd. 4. [REVENUE USE.] (a) Revenue must be used according 639.2 to either paragraph (b), (c), or (d). 639.3 (b) Revenue must be used to reduce and maintain the 639.4 district's instructor to learner ratios in kindergarten through 639.5 grade 6 to a level of 1 to 17 on average. The district must 639.6 prioritize the use of the revenue to attain this level initially 639.7 in kindergarten and grade 1 and then through the subsequent 639.8 grades as revenue is available. 639.9 (c) Notwithstanding paragraph (b), for fiscal year 1995, a 639.10 district with exceptional need as defined in subdivision 6, 639.11 paragraph (a), may use the revenue to reduce and maintain the 639.12 district's instructor-to-learner ratios in kindergarten through 639.13 grade 6 to a level that is at least 2.0 less than the district's 639.14 adopted staffing ratio, if the remaining learning and 639.15 development revenue is used to continue or initiate staffing 639.16 patterns that meet the needs of a diverse student population. 639.17 Programs to meet the needs of a diverse student population may 639.18 include programs for at-risk pupils and learning enrichment 639.19 programs. 639.20 (d) The revenue may be used to prepare and use an 639.21 individualized learning plan for each learner. A district must 639.22 not increase the district wide instructor-to-learner ratios in 639.23 other grades as a result of reducing instructor-to-learner 639.24 ratios in kindergarten through grade 6. Revenue may not be used 639.25 to provide instructor preparation time or to provide the 639.26 district's share of revenue required under section 124.311. A 639.27 district may use a portion of the revenue reserved under this 639.28 section to employ up to the same number of full-time equivalent 639.29 education assistants or aides as the district employed during 639.30 the 1992-1993 school year under Minnesota Statutes 1992, section 639.31 124.331, subdivision 2. 639.32 Subd. 5. [ADDITIONAL REVENUE USE.] If the board of a 639.33 district determines that the district has achieved and is 639.34 maintaining the instructor-to-learner ratios specified in 639.35 subdivision 4 and is using individualized learning plans, the 639.36 board may use the revenue to purchase material and services or 640.1 provide staff development needed for reduced 640.2 instructor-to-learner ratios. If additional revenue remains, 640.3 the district must use the revenue to improve program offerings, 640.4 including programs provided through interactive television, 640.5 throughout the district or other general education purposes. 640.6 Subd. 6. [EXCEPTIONAL NEED DEFINED.] (a) A district is 640.7 considered to have exceptional need if the district has the 640.8 following characteristics: 640.9 (1) ten percent or more of the district's pupils are 640.10 eligible for free and reduced lunch as of October 1 of the 640.11 previous fiscal year; 640.12 (2) ten percent or more of the district's pupils are 640.13 students of color; 640.14 (3) the district's adjusted net tax capacity divided by its 640.15 pupil units for the current year is less than $3,500; and 640.16 (4) the district's general education revenue per pupil unit 640.17 is less than the average general education revenue per pupil 640.18 unit for the economic development region in which the district 640.19 is located. 640.20 (b) A school building is considered to have exceptional 640.21 need if the school building has the following characteristics: 640.22 (1) 50 percent or more of the school building's pupils are 640.23 eligible for free and reduced lunch as of October 1 of the 640.24 previous fiscal year; 640.25 (2) the adjusted net tax capacity of the district in which 640.26 the school building is located, divided by the district's pupil 640.27 units for the current year, is less than $3,500; and 640.28 (3) the district's general education revenue per pupil unit 640.29 is less than the average general education revenue per pupil 640.30 unit for the economic development region in which the district 640.31 is located. 640.32 Sec. 111. [124D.378] [GENERAL EDUCATION LEVY AND AID.] 640.33 Subdivision 1. [GENERAL EDUCATION TAX RATE.] The 640.34 commissioner must establish the general education tax rate by 640.35 July 1 of each year for levies payable in the following year. 640.36 The general education tax capacity rate must be a rate, rounded 641.1 up to the nearest tenth of a percent, that, when applied to the 641.2 adjusted net tax capacity for all districts, raises the amount 641.3 specified in this subdivision. The general education tax rate 641.4 must be the rate that raises $1,054,000,000 for fiscal year 1996 641.5 and $1,359,000,000 for fiscal year 1997 and later fiscal years. 641.6 The general education tax rate may not be changed due to changes 641.7 or corrections made to a district's adjusted net tax capacity 641.8 after the tax rate has been established. 641.9 Subd. 2. [GENERAL EDUCATION LEVY.] To obtain general 641.10 education revenue, excluding supplemental revenue, a district 641.11 may levy an amount not to exceed the general education tax rate 641.12 times the adjusted net tax capacity of the district for the 641.13 preceding year. If the amount of the general education levy 641.14 would exceed the general education revenue, excluding 641.15 supplemental revenue, the general education levy must be 641.16 determined according to subdivision 3. 641.17 Subd. 3. [GENERAL EDUCATION LEVY; DISTRICTS OFF THE 641.18 FORMULA.] If the amount of the general education levy for a 641.19 district exceeds the district's general education revenue, 641.20 excluding training and experience revenue and supplemental 641.21 revenue, the amount of the general education levy must be 641.22 limited to the following: 641.23 (1) the district's general education revenue, excluding 641.24 training and experience revenue and supplemental revenue; plus 641.25 (2) the amount of the aid reduction for the same school 641.26 year according to section 124A.24; minus 641.27 (3) payments made for the same school year according to 641.28 section 124A.035, subdivision 4. 641.29 For purposes of statutory cross-reference, a levy made 641.30 according to this subdivision must be construed to be the levy 641.31 made according to subdivision 2. 641.32 Subd. 4. [GENERAL EDUCATION AID.] A district's general 641.33 education aid is the sum of the following amounts: 641.34 (1) the product of (i) the difference between the general 641.35 education revenue, excluding transition revenue and supplemental 641.36 revenue, and the general education levy, times (ii) the ratio of 642.1 the actual amount levied to the permitted levy; 642.2 (2) transition aid according to section 124A.22, 642.3 subdivision 13e; 642.4 (3) supplemental aid according to section 124.214, 642.5 subdivision 2; 642.6 (4) shared time aid according to section 124A.02, 642.7 subdivision 21; and 642.8 (5) referendum aid according to section 124A.03. 642.9 Subd. 5. [USES OF REVENUE.] Except as provided in section 642.10 124A.225, general education revenue may be used during the 642.11 regular school year and the summer for general and special 642.12 school purposes. 642.13 Sec. 112. [124D.38] [GENERAL EDUCATION LEVY EQUITY.] 642.14 If a district's general education levy is determined 642.15 according to section 124A.23, subdivision 3, an amount must be 642.16 deducted from state aid authorized in this chapter and chapters 642.17 124 and 124B, receivable for the same school year, and from 642.18 other state payments receivable for the same school year 642.19 authorized in chapter 273. The aid in section 124.646 must not 642.20 be reduced. 642.21 The amount of the deduction equals the difference between: 642.22 (1) the general education tax rate, according to section 642.23 124A.23, times the district's adjusted net tax capacity used to 642.24 determine the general education aid for the same school year; 642.25 and 642.26 (2) the district's general education revenue, excluding 642.27 transition revenue and supplemental revenue, for the same school 642.28 year, according to section 124A.22. 642.29 Sec. 113. [124D.384] [REDUCTION TO GENERAL EDUCATION 642.30 REVENUE.] 642.31 Subdivision 1. [REVENUE REDUCTION.] A district's general 642.32 education revenue for a school year must be reduced if the 642.33 estimated net unappropriated operating fund balance as of June 642.34 30 in the prior school year exceeds 25 percent of the formula 642.35 allowance for the current fiscal year times the fund balance 642.36 pupil units in the prior year. For purposes of this subdivision 643.1 and section 124.243, subdivision 2, fund balance pupil units 643.2 means the number of resident pupil units in average daily 643.3 membership, including shared time pupils, according to section 643.4 124A.02, subdivision 20, plus 643.5 (1) pupils attending the district for which general 643.6 education aid adjustments are made according to section 643.7 124A.036, subdivision 5; minus 643.8 (2) the sum of the resident pupils attending other 643.9 districts for which general education aid adjustments are made 643.10 according to section 124A.036, subdivision 5, plus pupils for 643.11 whom payment is made according to section 126.22, subdivision 8, 643.12 or 126.23. The amount of the reduction must equal the lesser of: 643.13 (1) the amount of the excess, or 643.14 (2) $250 times the actual pupil units for the school year. 643.15 The final adjustment payments made under section 124.195, 643.16 subdivision 6, must be adjusted to reflect actual net operating 643.17 fund balances as of June 30 of the prior school year. 643.18 Subd. 2. [ALTERNATIVE REDUCTION CALCULATION.] For any 643.19 district where the ratio of (1) the number of nonpublic students 643.20 ages 5 to 18, according to the report required under section 643.21 120.102, to (2) the total number of residents in the district 643.22 ages 5 to 18 as counted according to the annual fall school 643.23 census is greater than 40 percent, the district's net 643.24 unappropriated operating fund balance for that year for the 643.25 purpose of calculating the fund balance reduction under this 643.26 section is equal to the sum of the district's net unappropriated 643.27 fund balance in the general, transportation, and food service 643.28 funds. 643.29 Subd. 3. [LEVY REDUCTION.] If a district's general 643.30 education revenue is reduced, the general education levy must be 643.31 reduced by the following amount: 643.32 (1) the reduction specified in subdivision 1, times 643.33 (2) the lesser of one or the ratio of the district's 643.34 general education levy to its general education revenue, 643.35 excluding training and experience revenue and supplemental 643.36 revenue. 644.1 Subd. 4. [AID REDUCTION.] A district's general education 644.2 aid must be reduced by an amount equal to the difference between 644.3 the revenue reduction and the levy reduction. 644.4 Subd. 5. [ALLOCATION AMONG OPERATING FUNDS.] The revenue 644.5 reduction required under this section must be allocated to the 644.6 transportation fund and the community service fund in the 644.7 following manner: 644.8 (1) each year, a district must calculate the ratio of the 644.9 transportation net unappropriated operating fund balance and the 644.10 community service net unappropriated operating fund balance to 644.11 the total net unappropriated operating fund balance; 644.12 (2) multiply the ratios computed in clause (1) by the total 644.13 fund balance reduction required under this section; 644.14 (3) the district must transfer the amounts, if any, 644.15 calculated in clause (2) from the transportation and community 644.16 service funds to the general fund. 644.17 Subd. 6. [ALLOCATION AMONG ACCOUNTS.] The district must 644.18 apportion any fund balance reduction under this section among 644.19 all reserved and unreserved fund balance accounts included in 644.20 the net unappropriated operating fund balance in the proportion 644.21 that each account bears to the total. 644.22 Sec. 114. [124D.388] [COMPENSATORY EDUCATION REVENUE.] 644.23 Subdivision 1. [USE OF THE REVENUE.] The compensatory 644.24 education revenue under section 124A.22, subdivision 3, must be 644.25 used to meet the educational needs of pupils whose educational 644.26 achievement is below the level that is appropriate for pupils of 644.27 their age. These needs may be met by providing the following: 644.28 (1) direct instructional services under the assurance of 644.29 mastery program according to section 124.311; 644.30 (2) remedial instruction in reading, language arts, and 644.31 mathematics to improve the achievement level of these pupils; 644.32 (3) additional teachers and teacher aides to provide more 644.33 individualized instruction to these pupils; 644.34 (4) summer programs that enable these pupils to improve 644.35 their achievement or that reemphasize material taught during the 644.36 regular school year; 645.1 (5) in-service education for teachers, teacher aides, 645.2 principals, and other personnel to improve their ability to 645.3 recognize these pupils and provide appropriate responses to the 645.4 pupils' needs; 645.5 (6) for instructional material for these pupils including: 645.6 textbooks, workbooks, periodicals, pamphlets, photographs, 645.7 reproductions, filmstrips, prepared slides, prerecorded video 645.8 programs, sound recordings, desk charts, games, study prints and 645.9 pictures, desk maps, models, learning kits, blocks and cubes, 645.10 flashcards, instructional computer software programs, pencils, 645.11 pens, crayons, notebooks, duplicating fluids, and papers; 645.12 (7) programs to reduce truancy, encourage completion of 645.13 high school, enhance self-concept, provide health services, 645.14 provide nutrition services, provide a safe and secure learning 645.15 environment, provide coordination for pupils receiving services 645.16 from other governmental agencies, provide psychological services 645.17 to determine the level of social, emotional, cognitive, and 645.18 intellectual development, and provide counseling services, 645.19 guidance services, and social work services; 645.20 (8) bilingual programs, bicultural programs, and programs 645.21 for pupils of limited English proficiency; 645.22 (9) all day kindergarten; 645.23 (10) extended school day and extended school year programs; 645.24 and 645.25 (11) other methods to increase achievement, as needed. 645.26 Subd. 2. [BUILDING ALLOCATION.] A district must consider 645.27 the concentration of children from low-income families in each 645.28 school building in the district when allocating compensatory 645.29 revenue. 645.30 Subd. 3. [SEPARATE ACCOUNTS.] Each district that receives 645.31 compensatory education revenue shall maintain separate accounts 645.32 to identify expenditures for salaries and programs related to 645.33 this revenue. 645.34 Subd. 4. [ANNUAL EXPENDITURE REPORT.] Each year a district 645.35 that receives compensatory education revenue must submit a 645.36 report identifying the expenditures it incurred in providing 646.1 compensatory education to the pupils described in subdivision 646.2 1. The report must conform to uniform financial and reporting 646.3 standards established for this purpose. 646.4 Sec. 115. [124D.39] [RESERVED REVENUE FOR STAFF 646.5 DEVELOPMENT.] 646.6 Subdivision 1. [STAFF DEVELOPMENT AND PARENTAL INVOLVEMENT 646.7 REVENUE.] A district is encouraged to reserve general education 646.8 revenue for in-service education for programs under section 646.9 126.77, subdivision 2, for staff development plans, including 646.10 plans for challenging instructional activities and experiences 646.11 under section 126.70, and for curriculum development and 646.12 programs, other in-service education, teachers' workshops, 646.13 teacher conferences, the cost of substitute teachers staff 646.14 development purposes, and other related costs for staff 646.15 development efforts. Districts may expend an additional amount 646.16 of basic revenue for staff development based on their needs. 646.17 The board must initially allocate 50 percent of the revenue to 646.18 each school site in the district on a per teacher basis, which 646.19 must be retained by the school site until used. The board may 646.20 retain 25 percent to be used for district wide staff development 646.21 efforts. The remaining 25 percent of the revenue must be used 646.22 to make grants to school sites that demonstrate exemplary use of 646.23 allocated staff development revenue. A grant may be used for 646.24 any purpose authorized under section 126.70, 126.77, subdivision 646.25 2, or for the costs of curriculum development and programs, 646.26 other in-service education, teachers' workshops, teacher 646.27 conferences, substitute teachers for staff development purposes, 646.28 and other staff development efforts, and determined by the site 646.29 decision-making team. The site decision-making team must 646.30 demonstrate to the board the extent to which staff at the site 646.31 have met the outcomes of the program. The board may withhold a 646.32 portion of initial allocation of revenue if the staff 646.33 development outcomes are not being met. 646.34 Subd. 2. [CAREER TEACHER STAFF DEVELOPMENT.] Of a 646.35 district's basic revenue under section 124A.22, subdivision 2, 646.36 an amount equal to $5 times the number of actual pupil units 647.1 must be reserved by a district operating a career teacher 647.2 program according to sections 125.701 to 125.705. The revenue 647.3 may be used only to provide staff development for the career 647.4 teacher program. 647.5 Sec. 116. [124D.394] [RESERVED REVENUE FOR CERTAIN TEACHER 647.6 PROGRAM.] 647.7 A district that has a family connections program or a 647.8 mentor-teacher program may reserve part of the basic revenue 647.9 under section 124A.22, subdivision 2, for the district's share 647.10 of the portion of the teaching contract that is in addition to 647.11 the standard teaching contract of the district. 647.12 Sec. 117. [124D.398] [STAFF DEVELOPMENT INCENTIVE.] 647.13 Subdivision 1. [ELIGIBILITY.] A school site is eligible 647.14 for revenue under this section if it has implemented an 647.15 outplacement program on an ongoing basis to counsel staff and 647.16 has implemented a program according to section 125.231. 647.17 Subd. 2. [REVENUE.] Staff development incentive revenue is 647.18 equal to the number of teachers at the site times $25. 647.19 Subd. 3. [STAFF DEVELOPMENT LEVY.] A district's levy 647.20 equals its revenue times the lesser of one or the ratio of: 647.21 (1) the quotient derived by dividing the district's 647.22 adjusted net tax capacity for the year before the year the levy 647.23 is certified by the district's actual pupil units for the school 647.24 year to which the levy is attributable, to 647.25 (2) the equalizing factor for the school year to which the 647.26 levy is attributable. 647.27 Subd. 4. [STAFF DEVELOPMENT AID.] A district's aid equals 647.28 its revenue minus its levy times the ratio of the actual amount 647.29 levied to the permitted levy. 647.30 Subd. 5. [USE.] The revenue must be used at the site for 647.31 staff development purposes. 647.32 Sec. 118. [124D.40] [STATEWIDE AVERAGE REVENUE.] 647.33 By October 1 of each year the commissioner must estimate 647.34 the statewide average general education revenue per actual pupil 647.35 unit and the range in general education revenue among pupils and 647.36 districts by computing the difference between the fifth and 648.1 ninety-fifth percentiles of general education revenue. The 648.2 commissioner must provide that information to all districts. 648.3 If the disparity in general education revenue as measured 648.4 by the difference between the fifth and ninety-fifth percentiles 648.5 increases in any year, the commissioner must propose a change in 648.6 the general education formula that will limit the disparity in 648.7 general education revenue to no more than the disparity for the 648.8 previous school year. The commissioner must submit the proposal 648.9 to the education committees of the legislature by January 15. 648.10 Sec. 119. [124D.404] [EQUITABLE COMPENSATION PENALTY.] 648.11 Subdivision 1. [IMPLEMENTATION.] A district subject to 648.12 sections 471.991 to 471.999 must implement the plan to establish 648.13 equitable compensation relationships set forth in its report to 648.14 the commissioner of employee relations. The plan must be 648.15 implemented by December 31, 1991, unless a later date is 648.16 approved by the commissioner. If a report was filed before 648.17 October 1, 1987, and had an implementation date after December 648.18 31, 1991, the date in the report must be approved by the 648.19 commissioner. 648.20 Subd. 2. [AID REDUCTION FOR ADMINISTRATION COSTS.] By 648.21 October 1, 1992, the commissioner of employee relations must 648.22 certify to the commissioner of education the districts that have 648.23 not complied with subdivision 1. For each of these school 648.24 districts, the commissioner of education must reduce general 648.25 education aid for fiscal year 1993 by an amount equal to five 648.26 percent of the district's administration costs for the 1990-1991 648.27 school year. If the reduction exceeds the district's general 648.28 education aid, the reduction must be made from other aids paid 648.29 to the district. 648.30 Subd. 3. [ADJUSTMENT OF YEARS.] The commissioners of 648.31 employee relations and children, families, and learning must 648.32 adjust the years designated in subdivision 2 for districts with 648.33 implementation dates after December 31, 1991. 648.34 Subd. 4. [EXTENSIONS.] The commissioner of employee 648.35 relations must extend an implementation date upon a finding that 648.36 failure to implement was attributable to severe hardship or to 649.1 circumstances beyond the control of the district. 649.2 Sec. 120. [124D.408] [TITLE.] 649.3 Sections 124A.697 to 124A.73 may be cited as the "Minnesota 649.4 education finance act of 1992." 649.5 Sec. 121. [124D.41] [POLICY.] 649.6 Financing the education of our children is one of state 649.7 government's most important functions. In performing this 649.8 function, the state seeks to provide sufficient funding while 649.9 encouraging equity, accountability, and incentives toward 649.10 quality improvement. To help achieve these goals and to help 649.11 control future spending growth, the state will fund core 649.12 instruction and related support services, will facilitate 649.13 improvement in the quality and delivery of programs and 649.14 services, and will equalize revenues raised locally for 649.15 discretionary purposes. 649.16 Sec. 122. [124D.414] [CORE INSTRUCTIONAL AID.] 649.17 Subdivision 1. [BASIC OUTCOMES.] Basic outcomes are 649.18 defined as learner outcomes that must be achieved as a 649.19 requirement for graduation, specified in rule by the state board. 649.20 Basic outcomes are the basic knowledge and skills determined 649.21 necessary by the state board for graduates to become productive 649.22 employees, parents, and citizens. The state board must review 649.23 and amend, if necessary, its graduation rule every two years. 649.24 Subd. 2. [AID AMOUNT.] Core instructional aid is equal to 649.25 the cost determined necessary by the legislature to achieve the 649.26 basic outcomes for each student times the number of actual pupil 649.27 units for the school year plus support services aid for the 649.28 district as determined under section 124A.711. The core 649.29 instructional aid allowance for fiscal year 1998 and thereafter 649.30 is zero. 649.31 Subd. 3. [AID TO LEARNING SITES.] Each district is 649.32 encouraged to direct core instructional aid to the learning 649.33 sites in the district and minimize the core instructional aid 649.34 used for other programs or services. Each district must, to the 649.35 extent possible, facilitate allocation of each learning site's 649.36 core instructional aid by site management teams consisting of 650.1 site administrators, teachers, parents, and other interested 650.2 persons. 650.3 Subd. 4. [AID USES.] Aid received under this section may 650.4 only be used to deliver instructional services needed to assure 650.5 that all pupils in the district achieve the basic outcomes 650.6 through the following programs and services: 650.7 (1) salaries and benefits for licensed and nonlicensed 650.8 instructional staff used to instruct or direct instructional 650.9 delivery or provide academic instructional support services; 650.10 (2) instructional supplies and resources including, but not 650.11 limited to, curricular materials, maps, individualized 650.12 instructional materials, test materials, and other related 650.13 supplies; 650.14 (3) payments to other service providers for direct 650.15 instruction or instructional materials; 650.16 (4) computers, interactive television, and other 650.17 technologically related equipment used in the direct delivery of 650.18 instruction; 650.19 (5) programs and services related to students' academic and 650.20 career progression including, but not limited to, community- and 650.21 work-based learning through mentoring, community service, and 650.22 youth apprenticeships; 650.23 (6) early childhood education programs designed to ensure 650.24 that students are ready to learn when they enter the education 650.25 system; and 650.26 (7) activities related to measurement of student progress 650.27 toward basic outcomes. 650.28 Sec. 123. [124D.418] [ELECTIVE INSTRUCTIONAL REVENUE.] 650.29 Subdivision 1. [ELECTIVE OUTCOMES.] Elective outcomes are 650.30 defined as learner outcomes that may be offered to students that 650.31 are not defined as basic outcomes. The standards of achievement 650.32 of elective outcomes are determined by the local board. 650.33 Subd. 2. [REVENUE.] Elective instructional revenue is 650.34 equal to the elective instructional revenue allowance times the 650.35 number of pupil units for the school year. The revenue 650.36 allowance for fiscal year 2000 and thereafter is zero. 651.1 Subd. 3. [LEVY.] Elective instructional levy is equal to 651.2 elective instructional revenue times the lesser of one or the 651.3 ratio of: 651.4 (1) net tax capacity divided by the number of pupil units 651.5 for the year the revenue is attributable, divided by 651.6 (2) the equalizing factor. 651.7 Subd. 4. [AID.] Elective instructional aid is equal to 651.8 elective instructional revenue minus elective instructional 651.9 levy. If a district levies less than the authorized amount, the 651.10 aid must be reduced proportionately. 651.11 Subd. 5. [REVENUE USE.] Elective instructional revenue may 651.12 only be used for the following purposes: 651.13 (1) salaries and benefits for licensed and nonlicensed 651.14 instructional staff used to instruct or direct instructional 651.15 delivery; 651.16 (2) instructional supplies and resources including, but not 651.17 limited to, curricular materials, maps, individualized 651.18 instructional materials, test materials, and other related 651.19 supplies; 651.20 (3) tuition payments to other service providers for direct 651.21 instruction or instructional materials; 651.22 (4) computers, interactive television, and other 651.23 technologically related equipment used in the direct delivery of 651.24 instruction; 651.25 (5) instructional support services including staff 651.26 development, curriculum development, and other instructional 651.27 support services; 651.28 (6) pupil support services including health, counseling, 651.29 and psychological services; 651.30 (7) administrative costs that are not to exceed five 651.31 percent of the operating budget for the year; and 651.32 (8) district facility operations and maintenance. 651.33 Sec. 124. [124D.42] [SUPPORT SERVICES AID.] 651.34 Subdivision 1. [SUPPORT SERVICES.] "Support services" 651.35 means services and programs beyond the core instruction 651.36 considered essential to allow students to achieve the basic 652.1 outcomes including, but not limited to, the following: 652.2 (1) counselors, psychologists, and social workers; 652.3 (2) services and programs for students needing special 652.4 education and handicapped children aged zero to three; 652.5 (3) health care, including early childhood screening; 652.6 (4) transportation; 652.7 (5) nutrition programs; 652.8 (6) libraries and other media and information centers; 652.9 (7) programs for specialized curricula relating to programs 652.10 such as violence prevention, AIDS awareness and prevention, and 652.11 drug abuse prevention; and 652.12 (8) programs and services for students judged to be at high 652.13 risk of not completing their education or otherwise having a 652.14 social or economic problem in excess of other students. 652.15 Subd. 2. [DETERMINATION OF AID.] The total amount of 652.16 support services aid must be determined according to indices for 652.17 each service recommended by the commissioner after consultations 652.18 with appropriate state agencies, educators, and other interested 652.19 persons. The commissioner must recommend indices and aid 652.20 amounts to the legislature by February 1 of each odd-numbered 652.21 year. The indices must reflect the need for each service based 652.22 on the economic, geographic, demographic, and other appropriate 652.23 characteristics of each district. 652.24 Sec. 125. [124D.424] [LOCAL DISCRETIONARY REVENUE.] 652.25 Subdivision 1. [LOCAL DISCRETIONARY REVENUE.] Local 652.26 discretionary revenue is available for districts to implement 652.27 programs to offer outcomes or to cover other district operating 652.28 expenditures not provided according to sections 124A.697 and 652.29 124A.70. 652.30 Subd. 2. [REVENUE.] A district's local discretionary 652.31 revenue is equal to the amount authorized according to section 652.32 124A.03. Revenue may not exceed zero times the actual pupil 652.33 units for the year the revenue is attributable. 652.34 Subd. 3. [LEVY.] Local discretionary levy is equal to 652.35 local discretionary revenue times the lesser of one or the ratio 652.36 of: 653.1 (1) net tax capacity divided by the number of pupil units 653.2 for the year the revenue is attributable, divided by 653.3 (2) the equalizing factor. 653.4 Subd. 4. [AID.] Local discretionary aid is equal to local 653.5 discretionary revenue minus local discretionary levy. If a 653.6 district levies less than the authorized amount, the aid must be 653.7 reduced proportionately. 653.8 Sec. 126. [124D.428] [EDUCATION TRUST FUND.] 653.9 Subdivision 1. [CREATION.] The commissioner must deposit 653.10 to the credit of the education trust fund all money available to 653.11 the credit of the trust. The commissioner must maintain the 653.12 trust as a separate fund to be used only to pay money as 653.13 provided by law to districts or to repay advances made from the 653.14 general fund, as provided under subdivision 4. 653.15 Subd. 2. [APPROPRIATION.] The money to be paid by law from 653.16 the education trust fund is appropriated annually. 653.17 Subd. 3. [ESTIMATES; REDUCTION OF PAYMENTS.] (a) At the 653.18 beginning of each fiscal year, the commissioner, in consultation 653.19 with the commissioner of revenue, must estimate for the fiscal 653.20 year: 653.21 (1) the amount of revenues to be deposited in the trust 653.22 fund and other law; and 653.23 (2) the payments authorized by law to be made out of the 653.24 trust. 653.25 (b) If the estimated payments exceed the estimated receipts 653.26 of the trust fund, the appropriations from the trust to each 653.27 program are proportionately reduced, unless otherwise provided 653.28 by law. 653.29 Subd. 4. [GENERAL FUND ADVANCE.] If the money in the trust 653.30 fund is insufficient to make payments on the dates provided by 653.31 law, but the commissioner estimates receipts for the fiscal year 653.32 will be sufficient, the commissioner must advance money from the 653.33 general fund to the trust fund necessary to make the payments. 653.34 On or before the close of the biennium, the trust must repay the 653.35 advances with interest, calculated at the rate of earnings on 653.36 invested treasurer's cash, to the general fund. 654.1 Sec. 127. [124D.43] [COMPREHENSIVE ARTS PLANNING PROGRAM.] 654.2 The Lola and Rudy Perpich Minnesota center for arts 654.3 education shall prescribe the form and manner of application by 654.4 one or more school districts to be designated as a site to 654.5 participate in the comprehensive arts planning program. Up to 654.6 30 sites may be selected. The center shall designate sites in 654.7 consultation with the Minnesota alliance for arts in education 654.8 and the Minnesota state arts board. 654.9 Sec. 128. [124D.434] [COMPREHENSIVE ARTS PLANNING PROGRAM 654.10 SITES.] 654.11 Subdivision 1. [FUNDING.] Each site shall receive $1,250 654.12 each year for two years. If fewer than 30 sites are selected, 654.13 each site shall receive an additional proportionate share of 654.14 money appropriated and not used. Before receiving money for the 654.15 second year, a long-range plan for arts education must be 654.16 submitted to the Lola and Rudy Perpich Minnesota center for arts 654.17 education. 654.18 Subd. 2. [CRITERIA.] The center, in consultation with the 654.19 comprehensive arts planning program state steering committee, 654.20 must establish criteria for site selection. Criteria shall 654.21 include at least the following: 654.22 (1) a willingness by the district or group of districts to 654.23 designate a program chair for comprehensive arts planning with 654.24 sufficient authority to implement the program; 654.25 (2) a willingness by the district or group of districts to 654.26 create a committee comprised of school district and community 654.27 people whose function is to promote comprehensive arts education 654.28 in the district; 654.29 (3) commitment on the part of committee members to 654.30 participate in training offered by the department of children, 654.31 families, and learning; 654.32 (4) a commitment of the committee to conduct a needs 654.33 assessment of arts education; 654.34 (5) commitment by the committee to evaluate its involvement 654.35 in the program; 654.36 (6) a willingness by the district to adopt a long-range 655.1 plan for arts education in the district; and 655.2 (7) location of the district or group of districts to 655.3 assure representation of urban, suburban, and rural districts 655.4 and distribution of sites throughout the state. 655.5 Subd. 3. [PROGRAM ACCOUNTS.] A district receiving funds 655.6 must maintain a separate account for the receipt and 655.7 disbursement of all funds relating to the program. The funds 655.8 must be spent only for the purpose of arts education programs, 655.9 including teacher release time. 655.10 Subd. 4. [ADDITIONAL FUNDING.] A district receiving funds 655.11 may receive funds for the program from private sources and from 655.12 other governmental agencies, including any state or federal 655.13 funds available for arts education. 655.14 Sec. 129. [124D.438] [SCHOOL BUILDING ACCESSIBILITY 655.15 CAPITAL IMPROVEMENT.] 655.16 Sections 124C.71 to 124C.73 may be cited as the "school 655.17 building accessibility capital improvement grant act." 655.18 Sec. 130. [124D.44] [APPROVAL; APPLICATION FORMS.] 655.19 Subdivision 1. [APPROVAL BY COMMISSIONER.] The 655.20 commissioner of children, families, and learning may approve or 655.21 disapprove applications under section 124C.73. The grant money 655.22 must be used only to remove architectural barriers from a 655.23 building or site. 655.24 Subd. 2. [APPLICATION FORMS.] The commissioner shall 655.25 prepare application forms and establish application dates. 655.26 Subd. 3. [MATCH.] A district applying for a grant under 655.27 this section must match the grant with local district funds. 655.28 Sec. 131. [124D.444] [GRANT APPLICATION PROCESS.] 655.29 Subdivision 1. [QUALIFICATION.] A school district that 655.30 meets the criteria required under subdivision 2 may apply for a 655.31 grant in an amount up to 50 percent of the approved costs of 655.32 removing architectural barriers from a building or site. A 655.33 grant may not exceed $150,000 to a recipient district in any 655.34 fiscal year. 655.35 Subd. 2. [PROJECT REVIEW.] The commissioner, in 655.36 consultation with the Minnesota state council on disability, 656.1 shall review applications for grants. A school district must 656.2 apply by July 1 of each year in order to be considered for a 656.3 grant. 656.4 Subd. 3. [AWARD OF GRANTS.] (a) The commissioner shall 656.5 examine and consider all applications for grants, and if a 656.6 district is found not qualified, the commissioner shall promptly 656.7 notify the district board. The commissioner shall give first 656.8 priority to districts that have entered into the cooperation and 656.9 combination process under sections 122.241 to 122.248, or that 656.10 have consolidated since January 1, 1987. The commissioner shall 656.11 further prioritize grants on the basis of the following: the 656.12 district's tax burden, the long-term feasibility of the project, 656.13 the suitability of the project, and the district's need for the 656.14 project. If the total amount of the applications exceeds the 656.15 amount that is or can be made available, the commissioner shall 656.16 award grants according to the commissioner's judgment and 656.17 discretion and based upon a ranking of the projects according to 656.18 the factors listed in this paragraph. The commissioner shall 656.19 promptly certify to each district the amount, if any, of the 656.20 grant awarded to it. 656.21 (b) For fiscal year 1994, the commissioner may develop 656.22 criteria in addition to the factors listed in paragraph (a), in 656.23 order to award demonstration grants. 656.24 Subd. 4. [MATCHING REVENUE.] Upon being awarded a grant 656.25 under subdivision 3, the board shall determine the need for 656.26 additional revenue. If the board determines that the local 656.27 match cannot be made from existing revenue, the board may levy 656.28 according to section 124.84. 656.29 Subd. 5. [PROJECT BUDGET.] A district that receives a 656.30 grant must provide the commissioner with the project budget and 656.31 any other information the commissioner requests. 656.32 Sec. 132. [124D.448] [TELECOMMUNICATION ACCESS GRANT AND 656.33 STATEWIDE COORDINATION.] 656.34 Subdivision 1. [ESTABLISHMENT; PURPOSE.] The purpose of 656.35 developing a statewide school district telecommunications 656.36 network is to expand the availability of a broad range of 657.1 courses and degrees to students throughout the state, to share 657.2 information resources to improve access, quality, and 657.3 efficiency, to improve learning, and distance cooperative 657.4 learning opportunities, and to promote the exchange of ideas 657.5 among students, parents, teachers, media generalists, 657.6 librarians, and the public. In addition, through the 657.7 development of this statewide telecommunications network 657.8 emphasizing cost-effective, competitive connections, all 657.9 Minnesotans will benefit by enhancing access to 657.10 telecommunications technology throughout the state. Network 657.11 connections for school districts and public libraries will be 657.12 coordinated and fully integrated into the existing state 657.13 telecommunications and interactive television networks to 657.14 achieve comprehensive and efficient interconnectivity of school 657.15 districts and libraries to higher education institutions, state 657.16 agencies, other governmental units, agencies, and institutions 657.17 throughout Minnesota. A school district may apply to the 657.18 commissioner for a grant under subdivision 2, and a regional 657.19 public library may apply under subdivision 3. The Minnesota 657.20 education telecommunication council established in Laws 1995, 657.21 First Special Session chapter 3, article 12, section 7, shall 657.22 establish priorities for awarding grants, making grant awards, 657.23 and being responsible for the coordination of networks. 657.24 Subd. 2. [SCHOOL DISTRICT TELECOMMUNICATIONS GRANT.] (a) A 657.25 school district may apply for a grant under this subdivision 657.26 to: (1) establish connections among school districts, and 657.27 between school districts and the MNet statewide 657.28 telecommunications network administered by the department of 657.29 administration under section 16B.465; or (2) if such a 657.30 connection meeting minimum electronic connectivity standards is 657.31 already established, enhance telecommunications capacity for a 657.32 school district. The minimum standards of capacity are a 56 657.33 kilobyte data line and 768 kilobyte ITV connection, subject to 657.34 change based on the recommendations by the Minnesota education 657.35 telecommunications council. A district may submit a grant 657.36 application for interactive television with higher capacity 658.1 connections in order to maintain multiple simultaneous 658.2 connections. To ensure coordination among school districts, a 658.3 school district must submit its grant application to the council 658.4 through an organization that coordinates the applications and 658.5 connections of at least ten school districts or through an 658.6 existing technology cooperative. 658.7 (b) The application must, at a minimum, contain information 658.8 to document for each applicant school district the following: 658.9 (1) that the proposed connection meets the minimum 658.10 standards and employs an open network architecture that will 658.11 ensure interconnectivity and interoperability with other 658.12 education institutions and libraries; 658.13 (2) that the proposed connection and system will be 658.14 connected to MNet through the department of administration under 658.15 section 16B.465 and that a network service and management 658.16 agreement is in place; 658.17 (3) that the proposed connection and system will be 658.18 connected to the higher education telecommunication network and 658.19 that a governance agreement has been adopted which includes 658.20 agreements between the school district system, a higher 658.21 education regional council, libraries, and coordinating 658.22 entities; 658.23 (4) the telecommunication vendor, which may be MNet, 658.24 selected to provide service from the district to an MNet hub or 658.25 to a more cost-effective connection point to MNet; and 658.26 (5) other information, as determined by the commissioner in 658.27 consultation with the education telecommunications council, to 658.28 ensure that connections are coordinated, meet state standards 658.29 and are cost-effective, and that service is provided in an 658.30 efficient and cost-effective manner. 658.31 (c) A grant applicant shall obtain a grant proposal for 658.32 network services from MNet. If MNet is not selected as the 658.33 vendor, the application must provide the reasons for choosing an 658.34 alternative vendor. A school district may include, in its grant 658.35 application, telecommunications access for collaboration with 658.36 nonprofit arts organizations for the purpose of educational 659.1 programs, or access for a secondary media center that: (1) is a 659.2 member of a multitype library system; (2) is open during periods 659.3 of the year when classroom instruction is occurring; and (3) has 659.4 licensed school media staff on site. 659.5 (d) The Minnesota education telecommunications council 659.6 shall award grants and the funds shall be dispersed by the 659.7 commissioner. The highest priority for these grants shall be to 659.8 bring school districts up to the minimum connectivity standards. 659.9 A grant to enhance telecommunications capacity beyond the 659.10 minimum connectivity standards shall be no more than 75 percent 659.11 of the maximum grant under this subdivision. Grant applications 659.12 for minimum connection and enhanced telecommunications capacity 659.13 grants must be submitted to the commissioner by a coordinating 659.14 organization including, but not limited to, service cooperatives 659.15 and education districts. For the purposes of the grant, a 659.16 school district may include a charter school under section 659.17 120.064, or the Faribault academies. Based on the award made by 659.18 the council, all grants under this subdivision shall be paid by 659.19 the commissioner directly to a school district (unless this 659.20 application requests that the funds be paid to the coordinating 659.21 agency). Nonpublic schools as defined in section 237.065, 659.22 subdivision 2, located within the district may access the 659.23 network. The nonpublic school is responsible for actual costs 659.24 for connection from the school to the access site. 659.25 (e) Money awarded under this section may be used only for 659.26 the purposes explicitly stated in the grant application. 659.27 Subd. 3. [REGIONAL LIBRARY TELECOMMUNICATION GRANT.] (a) A 659.28 regional public library system may apply for a telecommunication 659.29 access grant. The grant must be used to create or expand the 659.30 capacity of electronic data access and connect the library 659.31 system with the MNet statewide telecommunications network 659.32 administered by the department of administration under section 659.33 16B.465. Connections must meet minimum system standards of a 56 659.34 kilobyte data line and 768 kilobyte ITV connection. To be 659.35 eligible for a telecommunications access grant, a regional 659.36 public library system must: (1) meet the level of local support 660.1 required under section 134.34; and (2) be open at least 20 hours 660.2 per week. 660.3 (b) Any grant award under this subdivision may not be used 660.4 to substitute for any existing local funds allocated to provide 660.5 electronic access, or equipment for library staff or the public, 660.6 or local funds previously dedicated to other library operations. 660.7 (c) An application for a regional public library 660.8 telecommunications access grant must, at a minimum, contain 660.9 information to document the following: 660.10 (1) that the connection meets the minimum standards and 660.11 employs an open network architecture that will ensure 660.12 interconnectivity and interoperability with other libraries and 660.13 the educational system; 660.14 (2) that the connection is being established through the 660.15 most cost-effective means and that the public library has 660.16 explored and coordinated connections through school districts or 660.17 other governmental agencies; 660.18 (3) that the proposed connection and system will be 660.19 connected to MNet through the department of administration under 660.20 section 16B.465 and that a network service and management 660.21 agreement is in place; 660.22 (4) that the proposed connection and system will be 660.23 connected to the higher education and to the school district 660.24 telecommunication networks subject to a governance agreement 660.25 with one or more school districts and a higher education 660.26 regional council specifying how the system will be coordinated; 660.27 (5) the telecommunication vendor, which may be MNet, 660.28 selected to provide service from the library to an MNet hub or 660.29 through a more cost-effective connection point to MNet; and 660.30 (6) other information, as determined by the commissioner, 660.31 to ensure that connections are coordinated, meet state 660.32 standards, are cost-effective, and that service is provided in 660.33 an efficient and cost-effective manner so that libraries 660.34 throughout the state are connected in as seamless a manner as 660.35 technically possible. 660.36 (d) A grant applicant shall obtain a grant proposal for 661.1 network services from MNet. If MNet is not selected as the 661.2 vendor, the application must provide the reasons for choosing an 661.3 alternative vendor. 661.4 Subd. 4. [AWARD OF GRANTS.] The council shall develop 661.5 application forms and procedures for school district minimum 661.6 connectivity grants, enhanced telecommunications grants, and 661.7 regional library telecommunication access grants. The council 661.8 shall select the grant recipient and shall promptly notify any 661.9 applicant that is found not to be qualified. The commissioner 661.10 shall make the grant payments directly to the school district or 661.11 regional library system. At the request of the district, the 661.12 commissioner may make the grant payment directly to the 661.13 coordinating organization. If appropriations are insufficient 661.14 to fund all applications, the commissioner shall first fully 661.15 fund the minimum connectivity grants. Unsuccessful applicants 661.16 may reapply for a grant. 661.17 ARTICLE 8 661.18 CHAPTER 125 661.19 Section 1. Minnesota Statutes 1996, section 125.03, is 661.20 amended to read: 661.21 125.03 [TEACHERS, SUPERVISORY AND SUPPORT PERSONNEL, 661.22 DEFINITIONS, LICENSURE.] 661.23 Subdivision 1. [TEACHERS.] The term "teachers" for the 661.24 purpose of licensure, means all persons employed in a public 661.25 school or education district or by a SC as members of the 661.26 instructional, supervisory, and support staff including 661.27 superintendents, principals, supervisors, secondary vocational 661.28 and other classroom teachers, librarians, counselors, school 661.29 psychologists, school nurses, school social workers, 661.30 audio-visual directors and coordinators, recreation personnel, 661.31 media generalists, media supervisors, and speech therapists. 661.32 Subd. 4. [SUPERVISORY PERSONNEL.] "Supervisory personnel" 661.33 for the purpose of licensure means superintendents, principals, 661.34 and professional employees who devote 50 percent or more of 661.35 their time to administrative or supervisory duties over other 661.36 personnel, and includes athletic coaches. 662.1 Subd. 6. [ASSESSMENT PROFESSIONALS.] When aschoolboard 662.2 of aschooldistrict with 10,000 pupils or more in average daily 662.3 membership employs a person to administer or interpret 662.4 individual aptitude, intelligence or personality tests, the 662.5 person must hold a graduate level degree related to 662.6 administering and interpreting psychological assessments. 662.7 Sec. 2. Minnesota Statutes 1996, section 125.05, 662.8 subdivision 1, is amended to read: 662.9 Subdivision 1. [AUTHORITY TO LICENSE.] (a) The board of 662.10 teachingshallmust license teachers, as defined in section 662.11 125.03, subdivision 1, except for supervisory personnel, as 662.12 defined in section 125.03, subdivision 4. 662.13 (b) The state board of educationshallmust license 662.14 supervisory personnel as defined in section 125.03, subdivision 662.15 4. 662.16 (c) Licenses under the jurisdiction of the board of 662.17 teaching and the state board of education must be issued through 662.18 the licensing section of the departmentof children, families,662.19and learning. 662.20 Sec. 3. Minnesota Statutes 1996, section 125.05, 662.21 subdivision 1a, is amended to read: 662.22 Subd. 1a. [TEACHER AND SUPPORT PERSONNEL QUALIFICATIONS.] 662.23 (a) The board of teachingshallmust issue licenses under its 662.24 jurisdiction to persons the board finds to be qualified and 662.25 competent for their respective positions. 662.26 (b) The boardshallmust require a person to successfully 662.27 complete an examination of skills in reading, writing, and 662.28 mathematics before being granted an initial teaching license to 662.29 provide direct instruction to pupils in prekindergarten, 662.30 elementary, secondary, or special education programs. The board 662.31shallmust require colleges and universities offering a board 662.32 approved teacher preparation program to provide remedial 662.33 assistance that includes a formal diagnostic component to 662.34 persons enrolled in their institution who did not achieve a 662.35 qualifying score on the skills examination, including those for 662.36 whom English is a second language. The colleges and 663.1 universities must provide assistance in the specific academic 663.2 areas of deficiency in which the person did not achieve a 663.3 qualifying score. School districts must provide similar, 663.4 appropriate, and timely remedial assistance that includes a 663.5 formal diagnostic component and mentoring to those persons 663.6 employed by the district who completed their teacher education 663.7 program outside the state of Minnesota, received a one-year 663.8 license to teach in Minnesota and did not achieve a qualifying 663.9 score on the skills examination, including those persons for 663.10 whom English is a second language. 663.11 (c) A person who has completed an approved teacher 663.12 preparation program and obtained a one-year license to teach, 663.13 but has not successfully completed the skills examination, may 663.14 renew the one-year license for two additional one-year periods. 663.15 Each renewal of the one-year license is contingent upon the 663.16 licensee: 663.17 (1) providing evidence of participating in an approved 663.18 remedial assistance program provided by a school district or 663.19 post-secondary institution that includes a formal diagnostic 663.20 component in the specific areas in which the licensee did not 663.21 obtain qualifying scores; and 663.22 (2) attempting to successfully complete the skills 663.23 examination during the period of each one-year license. 663.24 (d) The board of teachingshallmust grant continuing 663.25 licenses only to those persons who have met board criteria for 663.26 granting a continuing license, which includes successfully 663.27 completing the skills examination in reading, writing, and 663.28 mathematics. 663.29 (e) All colleges and universities approved by the board of 663.30 teaching to prepare persons for teacher licensureshallmust 663.31 include in their teacher preparation programs a common core of 663.32 teaching knowledge and skills to be acquired by all persons 663.33 recommended for teacher licensure. This common core shall meet 663.34 the standards developed by the interstate new teacher assessment 663.35 and support consortium in its 1992 "model standards for 663.36 beginning teacher licensing and development." Amendments to 664.1 standards adopted under this paragraph are covered by chapter 14. 664.2 Sec. 4. Minnesota Statutes 1996, section 125.05, 664.3 subdivision 1c, is amended to read: 664.4 Subd. 1c. [SUPERVISORY AND COACH QUALIFICATIONS.] The 664.5 state board of educationshallmust issue licenses under its 664.6 jurisdiction to persons the state board finds to be qualified 664.7 and competent for their respective positions under the rules it 664.8 adopts. 664.9 Sec. 5. Minnesota Statutes 1996, section 125.05, 664.10 subdivision 6, is amended to read: 664.11 Subd. 6. [LIMITED PROVISIONAL LICENSES.] The board of 664.12 teaching may grant provisional licenses, which shall be valid 664.13 for two years, in fields in which licenses were not issued 664.14 previously or in fields in which a shortage of licensed teachers 664.15 exists. A shortageshall beis defined as a lack of or an 664.16 inadequate supply of licensed personnel within a given licensure 664.17 area in a school district that has notified the board of 664.18 teaching of the shortage and has applied to the board of 664.19 teaching for provisional licenses for that district's licensed 664.20 staff. 664.21 Sec. 6. Minnesota Statutes 1996, section 125.05, 664.22 subdivision 8, is amended to read: 664.23 Subd. 8. [BACKGROUND CHECKS.] (a) The board of teaching 664.24 and the state board of educationshallmust request a criminal 664.25 history background check from the superintendent of the bureau 664.26 of criminal apprehension on all applicants for initial licenses 664.27 under their jurisdiction. An application for a license under 664.28 this section must be accompanied by: 664.29 (1) an executed criminal history consent form, including 664.30 fingerprints; and 664.31 (2) a money order or cashier's check payable to the bureau 664.32 of criminal apprehension for the fee for conducting the criminal 664.33 history background check. 664.34 (b) The superintendent of the bureau of criminal 664.35 apprehension shall perform the background check required under 664.36 paragraph (a) by retrieving criminal history data maintained in 665.1 the criminal justice information system computers and shall also 665.2 conduct a search of the national criminal records repository, 665.3 including the criminal justice data communications network. The 665.4 superintendent is authorized to exchange fingerprints with the 665.5 Federal Bureau of Investigation for purposes of the criminal 665.6 history check. The superintendent shall recover the cost to the 665.7 bureau of a background check through the fee charged to the 665.8 applicant under paragraph (a). 665.9 (c) The board of teaching or the state board of education 665.10 may issue a license pending completion of a background check 665.11 under this subdivision, butshallmust notify the individual 665.12 that the individual's license may be revoked based on the result 665.13 of the background check. 665.14 Sec. 7. [125.052] [TEACHER RULE VARIANCES.] 665.15 Notwithstanding any law to the contrary, and only upon 665.16 receiving the agreement of the state board of teaching, the 665.17 state board of education may grant a variance to its rules 665.18 governing licensure of teachers for those teachers licensed by 665.19 the board of teaching. The state board may grant a variance, 665.20 without the agreement of the board of teaching, to its rules 665.21 governing licensure of teachers for those teachers it licenses. 665.22 Sec. 8. [125.056] [NONLICENSED COMMUNITY EXPERTS; 665.23 VARIANCE.] 665.24 Subdivision 1. [AUTHORIZATION.] Notwithstanding any law or 665.25 state board of education rule to the contrary, the board of 665.26 teaching may allow school districts to hire nonlicensed 665.27 community experts to teach in the public schools on a limited 665.28 basis according to this section. 665.29 Subd. 2. [APPLICATIONS; CRITERIA.] A district must apply 665.30 to the board of teaching for approval to hire nonlicensed 665.31 teaching personnel from the community. In approving or 665.32 disapproving the district's application for each community 665.33 expert, the must shall consider: 665.34 (1) the qualifications of the community person whom the 665.35 district proposes to employ; 665.36 (2) the reasons for the district's need for a variance from 666.1 the teacher licensure requirements; 666.2 (3) the district's efforts to obtain licensed teachers, who 666.3 are acceptable to the school board, for the particular course or 666.4 subject area; 666.5 (4) the amount of teaching time for which the community 666.6 expert would be hired; 666.7 (5) the extent to which the district is utilizing other 666.8 nonlicensed community experts under this section; 666.9 (6) the nature of the community expert's proposed teaching 666.10 responsibility; and 666.11 (7) the proposed level of compensation to the community 666.12 expert. 666.13 Subd. 3. [APPROVAL OF PLAN.] The board of teaching must 666.14 approve or disapprove an application within 60 days of receiving 666.15 it from a school district. 666.16 Sec. 9. Minnesota Statutes 1996, section 125.06, is 666.17 amended to read: 666.18 125.06 [APPLICANTS TRAINED IN OTHER STATES.] 666.19 When a license to teach is authorized to be issued to any 666.20 holder of a diploma or a degree of a Minnesota state university, 666.21 or of the University of Minnesota, or of a liberal arts 666.22 university, or a technical training institution, such license 666.23 may also, in the discretion of the board of teaching or the 666.24 state board of education, whichever has jurisdiction, be issued 666.25 to any holder of a diploma or a degree of a teacher training 666.26 institution of equivalent rank and standing of any other state,. 666.27 The diploma or degree must be granted by virtue of the 666.28 completion of a course in teacher preparation essentially 666.29 equivalent in content to that required by such Minnesota state 666.30 university or the University of Minnesota or a liberal arts 666.31 university in Minnesota or a technical training institution as 666.32 preliminary to the granting of a diploma or a degree of the same 666.33 rank and class. 666.34 Sec. 10. Minnesota Statutes 1996, section 125.09, is 666.35 amended to read: 666.36 125.09 [SUSPENSION OR REVOCATION OF LICENSES.] 667.1 Subdivision 1. [GROUNDS FOR REVOCATION, SUSPENSION, OR 667.2 DENIAL.] The board of teaching or the state board of education, 667.3 whichever has jurisdiction over a teacher's licensure, may, on 667.4 the written complaint of the school board employing a teacher, a 667.5 teacher organization, or any other interested person,which667.6complaint shall specify the nature and character of the charges,667.7 refuse to issue, refuse to renew, suspend, or revoke a teacher's 667.8 license to teach for any of the following causes: 667.9 (1) Immoral character or conduct; 667.10 (2) Failure, without justifiable cause, to teach for the 667.11 term of the teacher's contract; 667.12 (3) Gross inefficiency or willful neglect of duty; or 667.13 (4) Failure to meet licensure requirements; or 667.14 (5) Fraud or misrepresentation in obtaining a license. 667.15 The written complaint must specify the nature and character 667.16 of the charges. For purposes of this subdivision, the board of 667.17 teaching is delegated the authority to suspend or revoke 667.18 coaching licenses under the jurisdiction of the state board of 667.19 education. 667.20 Subd. 4. [MANDATORY REPORTING.] A school boardshallmust 667.21 report to the board of teaching, the state board of education, 667.22 or the board of trustees of the Minnesota state colleges and 667.23 universities, whichever has jurisdiction over the teacher's 667.24 license, when its teacher is discharged or resigns from 667.25 employment after a charge is filed with the school board under 667.26 section 125.17, subdivisions 4, clauses (1), (2), and (3), and 667.27 5, or after charges are filed that are ground for discharge 667.28 under section 125.12, subdivision 8, clauses (a), (b), (c), (d), 667.29 and (e), or when a teacher is suspended or resigns while an 667.30 investigation is pending under section 125.12, subdivision 8, 667.31 clauses (a), (b), (c), (d), and (e); 125.17, subdivisions 4, 667.32 clauses (1), (2), and (3), and 5; or 626.556. The report must 667.33 be made to the board within ten days after the discharge, 667.34 suspension, or resignation has occurred. The board to which the 667.35 report is madeshallmust investigate the report for violation 667.36 of subdivision 1 and the reportingschoolboardshallmust 668.1 cooperate in the investigation. Notwithstanding any provision 668.2 in chapter 13 or any law to the contrary, upon written request 668.3 from the licensing board having jurisdiction over the teacher's 668.4 license, aschoolboard or school superintendent shall provide 668.5 the licensing board with information about the teacher from the 668.6schooldistrict's files, any termination or disciplinary 668.7 proceeding, any settlement or compromise, or any investigative 668.8 file. Upon written request from the appropriate licensing 668.9 board, aschoolboard or school superintendent may, at the 668.10 discretion of theschoolboard or school superintendent, solicit 668.11 the written consent of a student and the student's parent to 668.12 provide the licensing board with information that may aid the 668.13 licensing board in its investigation and license proceedings. 668.14 The licensing board's request need not identify a student or 668.15 parent by name. The consent of the student and the student's 668.16 parent must meet the requirements of chapter 13 and Code of 668.17 Federal Regulations, title 34, section 99.30. The licensing 668.18 board may provide a consent form to theschooldistrict. Any 668.19 data transmitted to any board under this sectionshall beis 668.20 private data under section 13.02, subdivision 12, 668.21 notwithstanding any other classification of the data when it was 668.22 in the possession of any other agency. 668.23 The licensing board to which a report is madeshallmust 668.24 transmit to the attorney general's office any record or data it 668.25 receives under this subdivision for the sole purpose of having 668.26 the attorney general's office assist that board in its 668.27 investigation. When the attorney general's office has informed 668.28 an employee of the appropriate licensing board in writing that 668.29 grounds exist to suspend or revoke a teacher's license to teach, 668.30 that licensing board must consider suspending or revoking or 668.31 decline to suspend or revoke the teacher's license within 45 668.32 days of receiving a stipulation executed by the teacher under 668.33 investigation or a recommendation from an administrative law 668.34 judge that disciplinary action be taken. 668.35 Subd. 5. [IMMUNITY FROM LIABILITY.] A school board, its 668.36 members in their official capacity, and employees of theschool669.1 district run by the board are immune from civil or criminal 669.2 liability for reporting or cooperating as required under 669.3 subdivision 4, if their actions required under subdivision 4 are 669.4 done in good faith and with due care. 669.5 Sec. 11. Minnesota Statutes 1996, section 125.11, is 669.6 amended to read: 669.7 125.11 [RECORDING OF LICENSES; DISTRICT SUPERINTENDENT.] 669.8 No person shall be accounted a qualified teacher untilsuch669.9 the person has filed for record with the district superintendent 669.10 wheresuchthe person intends to teach a license, or certified 669.11 copythereofof a license, authorizingsuchthe person to teach 669.12 school insuchthe district school system. 669.13 Sec. 12. Minnesota Statutes 1996, section 125.12, 669.14 subdivision 1a, is amended to read: 669.15 Subd. 1a. [NONPROVISIONAL LICENSE DEFINED.] For purposes 669.16 of this section, "nonprovisional license"shall meanmeans an 669.17 entrance, continuing, or life license. 669.18 Sec. 13. Minnesota Statutes 1996, section 125.12, 669.19 subdivision 2, is amended to read: 669.20 Subd. 2. [HIRING, DISMISSING.] School boardsshallmust 669.21 hire or dismiss teachers at duly called meetings. Where a 669.22 husband and wife, brother and sister, or two brothers or 669.23 sisters, constitute a quorum, no contract employing a teacher 669.24 shall be made or authorized except upon the unanimous vote of 669.25 the full board.NoA teacher related by blood or marriage, 669.26 within the fourth degree, computed by the civil law, to a board 669.27 member shall not be employed except by a unanimous vote of the 669.28 full board. The initial employment of the teacher in the 669.29 districtshallmust be by written contract, signed by the 669.30 teacher and by the chair and clerk. All subsequent employment 669.31 of the teacher in the districtshallmust be by written 669.32 contract, signed by the teacher and by the chair and clerk, 669.33 except where there is a master agreement covering the employment 669.34 of the teacher. Contracts for teaching or supervision of 669.35 teaching can be made only with qualified teachers.NoA teacher 669.36 shall not be required to reside within the employingschool670.1 district as a condition to teaching employment or continued 670.2 teaching employment. 670.3 Sec. 14. Minnesota Statutes 1996, section 125.12, 670.4 subdivision 2a, is amended to read: 670.5 Subd. 2a. [EMPLOYMENT IN SUPERVISORY POSITIONS.] 670.6 Notwithstanding other law, a teacher, as defined in section 670.7 179A.03, does not have a right to employment in a district as an 670.8 assistant superintendent, as a principal defined in section 670.9 179A.03, as a confidential or supervisory employee defined in 670.10 section 179A.03, or in a position that is a promotion from the 670.11 position currently held, based on seniority, seniority date, or 670.12 order of employment by the district; provided that. This 670.13 provision shall not alter the reinstatement rights of an 670.14 individual who is placed on leave from an assistant 670.15 superintendent, principal or assistant principal, or supervisory 670.16 or confidential employee position pursuant to this chapter. 670.17 Sec. 15. Minnesota Statutes 1996, section 125.12, 670.18 subdivision 3, is amended to read: 670.19 Subd. 3. [PROBATIONARY PERIOD.] The first three 670.20 consecutive years of a teacher's first teaching experience in 670.21 Minnesota in a singleschooldistrictshall beis deemed to be a 670.22 probationary period of employment, and after completion thereof, 670.23 the probationary period in eachschooldistrict in which the 670.24 teacher is thereafter employed shall be one year. The school 670.25 boardshallmust adopt a plan for written evaluation of teachers 670.26 during the probationary period. Evaluationshallmust occur at 670.27 least three times each year for a teacher performing services on 670.28 120 or more school days, at least two times each year for a 670.29 teacher performing services on 60 to 119 school days, and at 670.30 least one time each year for a teacher performing services on 670.31 fewer than 60 school days. Days devoted to parent-teacher 670.32 conferences, teachers' workshops, and other staff development 670.33 opportunities and days on which a teacher is absent from 670.34 schoolshallmust not be included in determining the number of 670.35 school days on which a teacher performs services. During the 670.36 probationary period any annual contract with any teacher may or 671.1 may not be renewed as the school board shall see fit;671.2provided,. However,thattheschoolboardshallmust give 671.3 any such teacher whose contract it declines to renew for the 671.4 following school year written notice to that effect before June 671.5 1. If the teacher requests reasons for any nonrenewal of a 671.6 teaching contract, theschoolboardshallmust give the teacher 671.7 its reason in writing, including a statement that appropriate 671.8 supervision was furnished describing the nature and the extent 671.9 of such supervision furnished the teacher during the employment 671.10 by the board, within ten days after receiving such request. The 671.11 school board may, after a hearing held upon due notice, 671.12 discharge a teacher during the probationary period for cause, 671.13 effective immediately, under section 123.35, subdivision 5. 671.14 Sec. 16. Minnesota Statutes 1996, section 125.12, 671.15 subdivision 3b, is amended to read: 671.16 Subd. 3b. [PEER REVIEW FOR PROBATIONARY TEACHERS.] A 671.17 school board and an exclusive representative of the teachers in 671.18 the districtshallmust develop a probationary teacher peer 671.19 review process through joint agreement. 671.20 Sec. 17. Minnesota Statutes 1996, section 125.12, 671.21 subdivision 4, is amended to read: 671.22 Subd. 4. [TERMINATION OF CONTRACT AFTER PROBATIONARY 671.23 PERIOD.] A teacher who has completed a probationary period in 671.24 anyschooldistrict, and who has not been discharged or advised 671.25 of a refusal to renew the teacher's contract pursuant to 671.26 subdivision 3, shall have a continuing contract with such 671.27 district. Thereafter, the teacher's contractshallmust remain 671.28 in full force and effect, except as modified by mutual consent 671.29 of the board and the teacher, until terminated by a majority 671.30 roll call vote of the full membership of the board prior to 671.31 April 1 upon one of the grounds specified in subdivision 6 or 671.32 prior to June 1 upon one of the grounds specified in subdivision 671.33 6a or 6b, or until the teacher is discharged pursuant to 671.34 subdivision 8, or by the written resignation of the teacher 671.35 submitted prior to April 1; provided, however, that. If an 671.36 agreement as to the terms and conditions of employment for the 672.1 succeeding school year has not been adopted pursuant to the 672.2 provisions of sections 179A.01 to 179A.25 prior to March 1, the 672.3 teacher's right of resignationshall beis extended to the 30th 672.4 calendar day following the adoption of said contract in 672.5 compliance with section 179A.20, subdivision 5. Such written 672.6 resignation by the teachershall beis effective as of June 30 672.7 if submitted prior to that date and the teachers' right of 672.8 resignation for the school year then beginning shall cease on 672.9 July 15. Before a teacher's contract is terminated by the 672.10 board, the boardshallmust notify the teacher in writing and 672.11 state its ground for the proposed termination in reasonable 672.12 detail together with a statement that the teacher may make a 672.13 written request for a hearing before the board within 14 days 672.14 after receipt of such notification. If the grounds are those 672.15 specified in subdivision 6 or 8, the notice must also state a 672.16 teacher may request arbitration under subdivision 9a. Within 14 672.17 days after receipt of this notification the teacher may make a 672.18 written request for a hearing before the board or an arbitrator 672.19 and it shall be granted upon reasonable notice to the teacher of 672.20 the date set for hearing, before final action is taken. If no 672.21 hearing is requested within such period, it shall be deemed 672.22 acquiescence by the teacher to the board's action. Such 672.23 termination shall take effect at the close of the school year in 672.24 which the contract is terminated in the manner aforesaid. Such 672.25 contract may be terminated at any time by mutual consent of the 672.26 board and the teacher and this sectionshalldoes not affect the 672.27 powers of a board to suspend, discharge, or demote a teacher 672.28 under and pursuant to other provisions of law. 672.29 Sec. 18. Minnesota Statutes 1996, section 125.12, 672.30 subdivision 6, is amended to read: 672.31 Subd. 6. [GROUNDS FOR TERMINATION.] A continuing contract 672.32 may be terminated, effective at the close of the school year, 672.33 upon any of the following grounds: 672.34 (a) Inefficiency; 672.35 (b) Neglect of duty, or persistent violation of school 672.36 laws, rules, regulations, or directives; 673.1 (c) Conduct unbecoming a teacher which materially impairs 673.2 the teacher's educational effectiveness; 673.3 (d) Other good and sufficient grounds rendering the teacher 673.4 unfit to perform the teacher's duties. 673.5 A contractshallmust not be terminated upon one of the 673.6 grounds specified in clause (a), (b), (c), or (d), unless the 673.7 teachershall have failedfails to correct the deficiency after 673.8 being given written notice of the specific items of complaint 673.9 and reasonable time within which to remedy them. 673.10 Sec. 19. Minnesota Statutes 1996, section 125.12, 673.11 subdivision 6a, is amended to read: 673.12 Subd. 6a. [NEGOTIATED UNREQUESTED LEAVE OF ABSENCE.] The 673.13 school board and the exclusive bargaining representative of the 673.14 teachers may negotiate a plan providing for unrequested leave of 673.15 absence without pay or fringe benefits for as many teachers as 673.16 may be necessary because of discontinuance of position, lack of 673.17 pupils, financial limitations, or merger of classes caused by 673.18 consolidation of districts. Failing to successfully negotiate 673.19 such a plan, the provisions of subdivision 6b shall apply. The 673.20 negotiated planshallmust not include provisions which would 673.21 result in the exercise of seniority by a teacher holding a 673.22 provisional license, other than a vocational education license, 673.23 contrary to the provisions of subdivision 6b, clause (c), or the 673.24 reinstatement of a teacher holding a provisional license, other 673.25 than a vocational education license, contrary to the provisions 673.26 of subdivision 6b, clause (e). The provisions of section 673.27 179A.16shalldo not apply for the purposes of this subdivision. 673.28 Sec. 20. Minnesota Statutes 1996, section 125.12, 673.29 subdivision 6b, is amended to read: 673.30 Subd. 6b. [UNREQUESTED LEAVE OF ABSENCE.] Theschoolboard 673.31 may place on unrequested leave of absence, without pay or fringe 673.32 benefits, as many teachers as may be necessary because of 673.33 discontinuance of position, lack of pupils, financial 673.34 limitations, or merger of classes caused by consolidation of 673.35 districts. The unrequested leaveshall beis effective at the 673.36 close of the school year. In placing teachers on unrequested 674.1 leave, the boardshall beis governed by the following 674.2 provisions: 674.3 (a) The board may place probationary teachers on 674.4 unrequested leave first in the inverse order of their 674.5 employment.NoA teacher who has acquired continuing contract 674.6 rightsshallmust not be placed on unrequested leave of absence 674.7 while probationary teachers are retained in positions for which 674.8 the teacher who has acquired continuing contract rights is 674.9 licensed; 674.10 (b) Teachers who have acquired continuing contract rights 674.11 shall be placed on unrequested leave of absence in fields in 674.12 which they are licensed in the inverse order in which they were 674.13 employed by the school district. In the case of equal 674.14 seniority, the order in which teachers who have acquired 674.15 continuing contract rights shall be placed on unrequested leave 674.16 of absence in fields in which they are licensedshall beis 674.17 negotiable; 674.18 (c) Notwithstanding the provisions of clause (b),noa 674.19 teachershall beis not entitled to exercise any seniority when 674.20 that exercise results in that teacher being retained by the 674.21 district in a field for which the teacher holds only a 674.22 provisional license, as defined by the board of teaching, unless 674.23 that exercise of seniority results in the placement on 674.24 unrequested leave of absence of another teacher who also holds a 674.25 provisional license in the same field. The provisions of this 674.26 clauseshalldo not apply to vocational education licenses; 674.27 (d) Notwithstanding clauses (a), (b) and (c), if the 674.28 placing of a probationary teacher on unrequested leave before a 674.29 teacher who has acquired continuing rights, the placing of a 674.30 teacher who has acquired continuing contract rights on 674.31 unrequested leave before another teacher who has acquired 674.32 continuing contract rights but who has greater seniority, or the 674.33 restriction imposed by the provisions of clause (c) would place 674.34 the district in violation of its affirmative action program, the 674.35 district may retain the probationary teacher, the teacher with 674.36 less seniority, or the provisionally licensed teacher; 675.1 (e) Teachers placed on unrequested leave of absenceshall675.2 must be reinstated to the positions from which they have been 675.3 given leaves of absence or, if not available, to other available 675.4 positions in the school district in fields in which they are 675.5 licensed. Reinstatementshallmust be in the inverse order of 675.6 placement on leave of absence.NoA teachershallmust not be 675.7 reinstated to a position in a field in which the teacher holds 675.8 only a provisional license, other than a vocational education 675.9 license, while another teacher who holds a nonprovisional 675.10 license in the same field remains on unrequested leave. The 675.11 order of reinstatement of teachers who have equal seniority and 675.12 who are placed on unrequested leave in the same school 675.13 yearshall beis negotiable; 675.14 (f)NoAppointment of a new teachershallmust not be made 675.15 while there is available, on unrequested leave, a teacher who is 675.16 properly licensed to fill such vacancy, unless the teacher fails 675.17 to advise the school board within 30 days of the date of 675.18 notification that a position is available to that teacher who 675.19 may return to employment and assume the duties of the position 675.20 to which appointed on a future date determined by the board; 675.21 (g) A teacher placed on unrequested leave of absence may 675.22 engage in teaching or any other occupation during the period of 675.23 this leave; 675.24 (h) The unrequested leave of absenceshallmust not impair 675.25 the continuing contract rights of a teacher or result in a loss 675.26 of credit for previous years of service; 675.27 (i) The unrequested leave of absence of a teacher who is 675.28 placed on unrequested leave of absence and who is not reinstated 675.29 shall continue for a period of five years, after which the right 675.30 to reinstatement shall terminate; provided. The teacher's right 675.31 to reinstatement shall also terminate if the teacher fails to 675.32 file with the board by April 1 of any year a written statement 675.33 requesting reinstatement; 675.34 (j) The same provisions applicable to terminations of 675.35 probationary or continuing contracts in subdivisions 3 and 4 675.36shallmust apply to placement on unrequested leave of absence; 676.1 (k) Nothing in this subdivision shall be construed to 676.2 impair the rights of teachers placed on unrequested leave of 676.3 absence to receive reemployment insurance if otherwise eligible. 676.4 Sec. 21. Minnesota Statutes 1996, section 125.12, 676.5 subdivision 7, is amended to read: 676.6 Subd. 7. [SUSPENSION AND LEAVE OF ABSENCE FOR HEALTH 676.7 REASONS.] Affliction with active tuberculosis or other 676.8 communicable disease, mental illness, drug or alcoholic 676.9 addiction, or other serious incapacity shall be grounds for 676.10 temporary suspension and leave of absence while the teacher is 676.11 suffering from such disability. Unless the teacher consents, 676.12 such actionshallmust be taken only upon evidence that 676.13 suspension is required from a physician who has examined the 676.14 teacher. The physicianshallmust be competent in the field 676.15 involved andshallmust be selected by the teacher from a list 676.16 of three provided by the school board, and the examinationshall676.17 must be at the expense of the school district. A copy of the 676.18 report of the physician shall be furnished the teacher upon 676.19 request. If the teacher fails to submit to the examination 676.20 within the prescribed time, the board may discharge the teacher, 676.21 effective immediately. In the event of mental illness, if the 676.22 teacher submits to such an examination and the examining 676.23 physician's or psychiatrist's statement is unacceptable to the 676.24 teacher or the board, a panel of three physicians or 676.25 psychiatristsshallmust be selected to examine the teacher at 676.26 the board's expense. The board and the teacher shall each 676.27 select a member of this panel, and these two members shall 676.28 select a third member. The panelshallmust examine the teacher 676.29 and submit a statement of its findings and conclusions to the 676.30 board. Upon receipt and consideration of the statement from the 676.31 panel the board may suspend the teacher. The boardshallmust 676.32 notify the teacher in writing of such suspension and the reasons 676.33 therefor. During the leave of absence, the district must pay 676.34 the teachershall be paidsick leave benefitsby the districtup 676.35 to the amount of unused accumulated sick leave, and after it is 676.36 exhausted, the district may in its discretion pay additional 677.1 benefits. The teachershallmust be reinstated to the teacher's 677.2 position upon evidence from such a physician of sufficient 677.3 recovery to be capable of resuming performance of duties in a 677.4 proper manner. In the event that the teacher does not qualify 677.5 for reinstatement within 12 months after the date of suspension, 677.6 the continuing disability may be a ground for discharge under 677.7 subdivision 8. 677.8 Sec. 22. Minnesota Statutes 1996, section 125.12, 677.9 subdivision 8, is amended to read: 677.10 Subd. 8. [IMMEDIATE DISCHARGE.] Aschoolboard may 677.11 discharge a continuing-contract teacher, effective immediately, 677.12 upon any of the following grounds: 677.13 (a) Immoral conduct, insubordination, or conviction of a 677.14 felony; 677.15 (b) Conduct unbecoming a teacher which requires the 677.16 immediate removal of the teacher from classroom or other duties; 677.17 (c) Failure without justifiable cause to teach without 677.18 first securing the written release of the school board; 677.19 (d) Gross inefficiency which the teacher has failed to 677.20 correct after reasonable written notice; 677.21 (e) Willful neglect of duty; or 677.22 (f) Continuing physical or mental disability subsequent to 677.23 a 12 months leave of absence and inability to qualify for 677.24 reinstatement in accordance with subdivision 7. 677.25 For purposes of this subdivision, conduct unbecoming a 677.26 teacher includes an unfair discriminatory practice described in 677.27 section 363.03, subdivision 5. 677.28 Prior to discharging a teacher the boardshallmust notify 677.29 the teacher in writing and state its ground for the proposed 677.30 discharge in reasonable detail. Within ten days after receipt 677.31 of this notification the teacher may make a written request for 677.32 a hearing before the board and it shall be granted before final 677.33 action is taken. The board may, however, suspend a teacher with 677.34 pay pending the conclusion of such hearing and determination of 677.35 the issues raisedthereinin the hearing after charges have been 677.36 filed which constitute ground for discharge. 678.1 Sec. 23. Minnesota Statutes 1996, section 125.12, 678.2 subdivision 9, is amended to read: 678.3 Subd. 9. [HEARING PROCEDURES.] Any hearing held pursuant 678.4 to this sectionshallmust be held upon appropriate and timely 678.5 notice to the teacher, and any hearing held pursuant to 678.6 subdivision 6 or 8shallmust be private or public at the 678.7 discretion of the teacher. A hearing held pursuant to 678.8 subdivision 6bshallmust be public and may be consolidated by 678.9 the school board. At the hearing, the board and the teacher may 678.10 each be represented by counsel at each party's own expense, and 678.11 such counsel may examine and cross-examine witnesses and present 678.12 arguments. The boardshallmust first present evidence to 678.13 sustain the grounds for termination or discharge and then 678.14 receive evidence presented by the teacher. Each party may then 678.15 present rebuttal evidence. Dismissal of the teachershallmust 678.16 be based upon substantial and competent evidence in the record. 678.17 All witnesses shall be sworn upon oath administered by the 678.18 presiding officer of the board. The clerk of the board shall 678.19 issue subpoenas for witnesses or the production of records 678.20 pertinent to the grounds upon the request of either the board or 678.21 the teacher. The boardshallmust employ a court reporter to 678.22 record the proceedings at the hearing, and either party may 678.23 obtain a transcriptthereofof the hearing at its own expense. 678.24 Sec. 24. Minnesota Statutes 1996, section 125.12, 678.25 subdivision 9a, is amended to read: 678.26 Subd. 9a. [HEARING AND DETERMINATION BY ARBITRATOR.] A 678.27 teacher whose termination is proposed under subdivision 4 on 678.28 grounds specified in subdivision 6, or whose discharge is 678.29 proposed under subdivision 8, may elect a hearing before an 678.30 arbitrator instead of the school board. The hearing is governed 678.31 by this subdivision. 678.32 (a) The teacher must make a written request for a hearing 678.33 before an arbitrator within 14 days after receiving notification 678.34 of proposed termination on grounds specified in subdivision 6 or 678.35 within ten days of receiving notification of proposed discharge 678.36 under subdivision 8. If a request for a hearing does not 679.1 specify that the hearing be before an arbitrator, itshall beis 679.2 considered to be a request for a hearing before the school board. 679.3 (b) If the teacher and the school board are unable to 679.4 mutually agree on an arbitrator, theschoolboardshallmust 679.5 request from the bureau of mediation services a list of five 679.6 persons to serve as an arbitrator. If the matter to be heard is 679.7 a proposed termination on grounds specified in subdivision 6, 679.8 arbitrators on the list must be available to hear the matter and 679.9 make a decision within a time frame that will allow theschool679.10 board to comply with all statutory timelines relating to 679.11 termination. If the teacher and theschoolboard are unable to 679.12 mutually agree on an arbitrator from the list provided, the 679.13 parties shall alternately strike names from the list until the 679.14 name of one arbitrator remains. The person remaining after the 679.15 striking procedureshallmust be the arbitrator. If the parties 679.16 are unable to agree on who shall strike the first name, the 679.17 question must be decided by a flip of a coin. The teacher and 679.18 the school boardshallmust share equally the costs and fees of 679.19 the arbitrator. 679.20 (c) The arbitrator shall determine, by a preponderance of 679.21 the evidence, whether the grounds for termination or discharge 679.22 specified in subdivision 6 or 8 exist to support the proposed 679.23 termination or discharge. A lesser penalty than termination or 679.24 discharge may be imposed by the arbitrator only to the extent 679.25 that either party proposes such lesser penalty in the 679.26 proceeding. In making the determination, the arbitration 679.27 proceeding is governed by sections 572.11 to 572.17 and by the 679.28 collective bargaining agreement applicable to the teacher. 679.29 (d) An arbitration hearing conducted under this subdivision 679.30 is a meeting for preliminary consideration of allegations or 679.31 charges within the meaning of section 471.705, subdivision 1d, 679.32 clause (c), andshallmust be closed, unless the teacher 679.33 requests it to be open. 679.34 (e) The arbitrator's award is final and binding on the 679.35 parties, subject to sections 572.18 to 572.26. 679.36 Sec. 25. Minnesota Statutes 1996, section 125.12, 680.1 subdivision 10, is amended to read: 680.2 Subd. 10. [DECISION.] After the hearing, the board 680.3shallmust issue a written decision and order. If the board 680.4 orders termination of a continuing contract or discharge of a 680.5 teacher, its decisionshallmust include findings of fact based 680.6 upon competent evidence in the record andshallmust be served 680.7 on the teacher, accompanied by an order of termination or 680.8 discharge, prior to April 1 in the case of a contract 680.9 termination for grounds specified in subdivision 6, prior to 680.10 June 1 for grounds specified in subdivision 6a or 6b, or within 680.11 ten days after conclusion of the hearing in the case of a 680.12 discharge. If the decision of the board or of a reviewing court 680.13 is favorable to the teacher, the proceedingsshallmust be 680.14 dismissed and the decision entered in the board minutes, and all 680.15 references to such proceedingsshallmust be excluded from the 680.16 teacher's record file. 680.17 Sec. 26. Minnesota Statutes 1996, section 125.12, 680.18 subdivision 11, is amended to read: 680.19 Subd. 11. [JUDICIAL REVIEW.] The pendency of judicial 680.20 proceedingsshallmust not be ground for postponement of the 680.21 effective date of theschoolboard's order, but if judicial 680.22 review eventuates in reinstatement of the teacher, the board 680.23shallmust pay the teacher all compensation withheld as a result 680.24 of the termination or dismissal order. 680.25 Sec. 27. Minnesota Statutes 1996, section 125.12, 680.26 subdivision 13, is amended to read: 680.27 Subd. 13. [EXCEPTION.] This sectionshalldoes not apply 680.28 to any district in a city of the first class. 680.29 Sec. 28. Minnesota Statutes 1996, section 125.12, 680.30 subdivision 14, is amended to read: 680.31 Subd. 14. [RECORDS RELATING TO INDIVIDUAL TEACHER; ACCESS; 680.32 EXPUNGEMENT.] All evaluations and files generated within a 680.33 school district relating to each individual teachershallmust 680.34 be available to each individual teacher upon written request. 680.35 Effective January 1, 1976, all evaluations and files, wherever 680.36 generated, relating to each individual teachershallmust be 681.1 available to each individual teacher upon written request. The 681.2 teacher shall have the right to reproduce any of the contents of 681.3 the files at the teacher's expense and to submit for inclusion 681.4 in the file written information in response to any material 681.5 contained therein. 681.6 Aschooldistrict may destroy the files as provided by law 681.7 andshallmust expunge from the teacher's file any material 681.8 found to be false or substantially inaccurate through the 681.9 grievance procedure required pursuant to section 179A.20, 681.10 subdivision 4; provided,. The grievance procedure promulgated 681.11 by the director of the bureau of mediation services, pursuant to 681.12 section 179A.04, subdivision 3, clause (h),shall applyapplies 681.13 to those principals and supervisory employees not included in an 681.14 appropriate unit as defined in section 179A.03. Expungement 681.15 proceedingsshallmust be commenced within the time period 681.16 provided in the collective bargaining agreement for the 681.17 commencement of a grievance. If no time period is provided in 681.18 the bargaining agreement, the expungement proceedingsshallmust 681.19 commence within 15 days after the teacher has knowledge of the 681.20 inclusion in the teacher's file of the material the teacher 681.21 seeks to have expunged. 681.22 Sec. 29. Minnesota Statutes 1996, section 125.121, is 681.23 amended to read: 681.24 125.121 [COACHES, TERMINATION OF DUTIES.] 681.25 Subdivision 1. [TERMINATION; HEARING.] Before a district 681.26 terminates the coaching duties of an employee who is required to 681.27 hold a license as an athletic coach from the state board of 681.28 education, the districtshallmust notify the employee in 681.29 writing and state its reason for the proposed termination. 681.30 Within 14 days of receiving this notification, the employee may 681.31 request in writing a hearing on the termination before the 681.32 board. If a hearing is requested, the boardshallmust hold a 681.33 hearing within 25 days according to the hearing procedures 681.34 specified in section 125.12, subdivision 9, and the 681.35 terminationshall not beis finalexceptupon the order of the 681.36 board after the hearing. 682.1 Subd. 2. [FINAL DECISION.] Within ten days after the 682.2 hearing, the boardshallmust issue a written decision regarding 682.3 the termination. If the board decides to terminate the 682.4 employee's coaching duties, the decisionshallmust state the 682.5 reason on which it is based and include findings of fact based 682.6 upon competent evidence in the record. The board may terminate 682.7 the employee's duties or not, as it sees fit, for any reason 682.8 which is found to be true based on substantial and competent 682.9 evidence in the record. 682.10 Subd. 3. [EXCEPTIONS.] This section shall not apply to the 682.11 termination of coaching duties pursuant to a district transfer 682.12 policy or as a result of the nonrenewal or termination of the 682.13 employee's contract or the employee's discharge, demotion or 682.14 suspension pursuant to section 125.12 or 125.17. This section 682.15 shall not apply to the termination of an employee's coaching 682.16 duties prior to completion of the probationary period of 682.17 employment. 682.18 Sec. 30. [125.123] [CONTRACTS.] 682.19 Subdivision 1. [AUTHORIZATION.] A board may enter into 682.20 short-term, limited contracts with classroom teachers employed 682.21 by the district. 682.22 Subd. 2. [PURPOSE.] The board must determine the needs of 682.23 its classroom teachers and the need for changes in its 682.24 curriculum. In determining these needs, the school board must 682.25 obtain recommendations from classroom teachers, staff 682.26 responsible for curriculum, and the curriculum advisory 682.27 committee. It shall consider assessment results, other test 682.28 results, the need for mentor teachers, and the district 682.29 improvement plan portion of the report adopted according to 682.30 section 123.972, subdivision 3. Contracts executed under this 682.31 section shall relate directly to the identified needs. 682.32 Subd. 3. [SELECTION COMMITTEE.] A committee of six members 682.33 appointed by the board shall recommend teachers to receive 682.34 contracts. Three members of the committee shall be classroom 682.35 teachers. Three members shall be administrators, parents, 682.36 members of the school board, or members of the community. The 683.1 committee shall consider only classroom teachers who have 683.2 background, knowledge, or expertise needed to perform duties in 683.3 the areas of need identified by the board. Years of service in 683.4 the district must not be a factor for consideration by the 683.5 committee. A teacher shall not have a right to a contract under 683.6 this section based on seniority or order of employment in the 683.7 district. The committee shall recommend to the school board 683.8 names of individual teachers. The number of individual teachers 683.9 recommended shall be approximately the number designated by the 683.10 board to meet the identified needs. The board may award 683.11 contracts to any of the recommended teachers but not to any 683.12 others. The board may request the committee to recommend 683.13 additional names of teachers. 683.14 Subd. 4. [SHORT-TERM, LIMITED CONTRACTS.] Contracts 683.15 executed under this section shall provide classroom teachers any 683.16 one or a combination of the following: 683.17 (1) released time during the school day; 683.18 (2) additional hours in a school day; or 683.19 (3) additional days or weeks of employment during the 683.20 summer. 683.21 Contracts executed under this section shall terminate within one 683.22 year of the date of execution. During the term of a contract 683.23 under this section a teacher may be discharged for cause from 683.24 duties under this contract; a hearing shall be held on the 683.25 discharge upon request of the teacher. A teacher has no rights 683.26 in a subsequent year to a contract under this subdivision. 683.27 Subd. 5. [APPLICATION OF OTHER LAWS.] The provisions of 683.28 section 125.12 or 125.17 shall not apply to initial awards, 683.29 renewal, or termination of contracts under this section. The 683.30 provisions of this section concerning short-term, limited 683.31 contracts shall not be construed to alter any aspect of other 683.32 contracts executed by a school board. 683.33 Subd. 6. [REPORT.] Each district awarding contracts under 683.34 this section is encouraged to submit a report to the 683.35 commissioner. The report shall indicate the number of contracts 683.36 awarded, whether duties are to be performed before, during, or 684.1 after the school day or during the summer, the total cost of all 684.2 contracts, and a general description of the duties. The 684.3 statement shall also describe how the recommendations required 684.4 by subdivision 2 were obtained. Any problems associated with 684.5 implementing this section may be included. 684.6 Sec. 31. [125.125] [HIRING TEACHERS; SUBSTITUTE TEACHERS.] 684.7 The board must employ and contract with necessary qualified 684.8 teachers and discharge the same for cause. The board must not 684.9 hire a substitute teacher except: 684.10 (a) For a duration of time of less than one school year to 684.11 replace a regular teacher who is absent; or 684.12 (b) For a duration of time equal to or greater than one 684.13 school year to replace a regular teacher on a leave of absence. 684.14 If a substitute teacher is hired pursuant to clause (b), 684.15 each full school year during which the teacher is employed by a 684.16 district pursuant to that clause shall be deemed one year of the 684.17 teacher's probationary period of employment pursuant to either 684.18 section 125.12, subdivision 3, or 125.17, subdivision 2. The 684.19 teacher shall be eligible for continuing contract status 684.20 pursuant to section 125.12, subdivision 4, or tenure status 684.21 pursuant to section 125.17, subdivision 3, after completion of 684.22 the applicable probationary period. 684.23 Sec. 32. Minnesota Statutes 1996, section 125.13, is 684.24 amended to read: 684.25 125.13 [EXCHANGE TEACHERS.] 684.26 Subdivision 1. [EXCHANGE TEACHER.] A person holding a 684.27 license and contract to teach in a Minnesota public school and 684.28 assigned by the employing district to teach elsewhere is an 684.29 exchange teacher. 684.30 Subd. 2. [TEACHER QUALIFICATIONS.] Any district is 684.31 authorized to assign a teacher for service elsewhere than in the 684.32 employing district in exchange for a teacher with qualifications 684.33 satisfactory to the commissioner. 684.34 Subd. 3. [RETENTION OF RIGHTS.] The exchange teacher shall 684.35 retain all rights in the employing district as though teaching 684.36 in that district. 685.1 Sec. 33. Minnesota Statutes 1996, section 125.135, is 685.2 amended to read: 685.3 125.135 [STAFF EXCHANGE PROGRAM.] 685.4 Subdivision 1. [ESTABLISHMENT.] A staff exchange program 685.5 is established to allow localschooldistricts to arrange 685.6 temporary and voluntary exchanges among members of their 685.7 kindergarten through grade 12 instructional and administrative 685.8 staffs. The purpose of the program is to provide participants 685.9 with an understanding of the educational concerns of other local 685.10 school districts, including concerns of class organization, 685.11 curriculum development, instructional practices, and 685.12 characteristics of the student population. 685.13 The educational needs and interests of the hostschool685.14 district and the training, experience, and interests of the 685.15 participants must determine the assignments of the participants 685.16 in the host district. Participants may teach courses, provide 685.17 counseling and tutorial services, work with teachers to better 685.18 prepare students for future educational experiences, serve an 685.19 underserved population in the district, or assist with 685.20 administrative functions. The assignments participants perform 685.21 for the host district must be comparable to the assignments the 685.22 participants perform for the district employing the 685.23 participants. Participation in the exchange program need not be 685.24 limited to one school or one school district and may involve 685.25 other education organizations including education districts and 685.26 SCs. 685.27 Subd. 2. [PROGRAM REQUIREMENTS.] All staff exchanges made 685.28 under this section are subject to the requirements in this 685.29 subdivision. 685.30 (a) A school district employing a participating staff 685.31 member must not adversely affect the staff member's salary, 685.32 seniority, or other employment benefits, or otherwise penalize 685.33 the staff member for participating in the program. 685.34 (b) Upon completion or termination of an exchange, aschool685.35 district employing a participating staff member must permit the 685.36 staff member to return to the same assignment the staff member 686.1 performed in the district before the exchange, if available, or, 686.2 if not, a similar assignment. 686.3 (c) Aschooldistrict employing a participating staff 686.4 member must continue to provide the staff member's salary and 686.5 other employment benefits during the period of the exchange. 686.6 (d) A participant must be licensed and tenured. 686.7 (e) Participation in the program must be voluntary. 686.8 (f) The length of participation in the program must be no 686.9 less than one-half of a school year and no more than one school 686.10 year, and any premature termination of participation must be 686.11 upon the mutual agreement of the participant and the 686.12 participatingschooldistrict. 686.13 (g) A participant is responsible for transportation to and 686.14 from the hostschooldistrict. 686.15 (h) This subdivision does not abrogate or change rights of 686.16 staff members participating in the staff exchange program or the 686.17 terms of an agreement between the exclusive representative of 686.18 the school district employees and theschooldistrict. 686.19 (i) Participatingschooldistricts may enter into 686.20 supplementary agreements with the exclusive representative of 686.21 the school district employees to accomplish the purpose of this 686.22 section. 686.23 Subd. 3. [APPLICATION PROCEDURES.] The school board of 686.24 aschooldistrict must decide by resolution to participate in 686.25 the staff exchange program. A staff member wishing to 686.26 participate in the exchange program must submit an application 686.27 to the school district employing the staff member. The district 686.28 must, in a timely and appropriate manner, provide to the 686.29 exclusive bargaining representatives of teachers in the state 686.30 the number and names of prospective participants within the 686.31 district, the assignments available within the district, and the 686.32 length of time for each exchange. The exclusive bargaining 686.33 representatives are requested to cooperatively participate in 686.34 the coordination of exchanges to facilitate exchanges across all 686.35 geographical regions of the state. Prospective participants 686.36 must contact teachers and districts with whom they are 687.1 interested in making an exchange. The prospective participants 687.2 must make all arrangements to accomplish their exchange and the 687.3 superintendents of the participating districts must approve the 687.4 arrangements for the exchange in writing. 687.5 Sec. 34. Minnesota Statutes 1996, section 125.138, is 687.6 amended to read: 687.7 125.138 [FACULTY EXCHANGE AND TEMPORARY ASSIGNMENT 687.8 PROGRAM.] 687.9 Subdivision 1. [ESTABLISHMENT.] A program of faculty 687.10 collaborationshall beis established to allow Minnesota school 687.11 districts and post-secondary institutions to arrange temporary 687.12 placements in each other's institutions. These arrangements 687.13 must be made on a voluntary cooperative basis between a school 687.14 district and post-secondary institution, or between 687.15 post-secondary institutions. Exchanges between post-secondary 687.16 institutions may occur among campuses in the same system or in 687.17 different systems. 687.18 Subd. 2. [USES OF PROGRAM.] Each participating school 687.19 district and post-secondary institution may determine the way in 687.20 which the staff member's time is to be used, but it must be in a 687.21 way that promotes understanding of the needs of each educational 687.22 system or institution. For example, a public school educator 687.23 may teach courses, provide counseling and tutorial services, 687.24 assist with the preparation of future educators, or take 687.25 professional development courses. A post-secondary teacher 687.26 might teach courses at the school district, counsel students, or 687.27 work in school administration. Participation need not be 687.28 limited to one school or institution and may involve other 687.29 groups including service cooperatives. 687.30 Subd. 3. [SALARIES; BENEFITS; CERTIFICATION.] Temporary 687.31 placements made under the program must not have a negative 687.32 effect on participants' salaries, seniority, or other benefits. 687.33 Notwithstanding sections 123.35, subdivision 6, and 125.04, a 687.34 member of the staff of a post-secondary institution may teach in 687.35 an elementary or secondary school or perform a service, agreed 687.36 upon according to this section, for which a license would 688.1 otherwise be required without holding the applicable license. 688.2 In addition, a licensed educator employed by a school district 688.3 may teach or perform a service, agreed upon according to this 688.4 section, at a post-secondary institution without meeting the 688.5 applicable qualifications of the post-secondary institution. 688.6 Aschooldistrict is not subject to section 124.19, subdivision 688.7 3, as a result of entering into an agreement according to this 688.8 section that enables a post-secondary educator to teach or 688.9 provide services in the district. All arrangements and details 688.10 regarding the exchange must be mutually agreed to by each 688.11 participating school district and post-secondary institution 688.12 before implementation. 688.13 Subd. 4. [EDUCATORS' EMPLOYMENT; CONTINUATION.] An 688.14 educator who held a temporary position or an exchanged position 688.15 under this sectionshallmust be continued in or restored to the 688.16 position previously held, or to a position of like seniority, 688.17 status, and pay upon return. Retirement benefits under an 688.18 employer-sponsored pension or retirement planshallmust not be 688.19 reduced because of time spent on an exchange or temporary 688.20 position under section 125.138. 688.21 Subd. 5. [ENTITLEMENT TO BENEFITS AND POSITION.] An 688.22 educator who is continued in or restored to a position in 688.23 accordance with subdivision 4: 688.24 (1)shallmust be continued or restored without loss of 688.25 seniority; and 688.26 (2) may participate in insurance or other benefits offered 688.27 by the employer under its established rules and practices. 688.28 Sec. 35. Minnesota Statutes 1996, section 125.16, is 688.29 amended to read: 688.30 125.16 [TEACHERS' REPORTS.] 688.31NoAn ordershallmust not be issued for the payment of the 688.32 wages of any teacher while the teacher is in default in making 688.33 reports or in returning the teacher's register. The teachers, 688.34 principals, and superintendents shall make such reports as may 688.35 be required by law or the rules of the state or local board 688.36 under like penalty. 689.1 Sec. 36. Minnesota Statutes 1996, section 125.17, is 689.2 amended to read: 689.3 125.17 [TEACHER TENURE ACT; CITIES OF THE FIRST CLASS; 689.4 DEFINITIONS.] 689.5 Subdivision 1. [WORDS, TERMS, AND PHRASES.] Unless the 689.6 language or context clearly indicates that a different meaning 689.7 is intended, the following words, terms, and phrases, for the 689.8 purposes of the following subdivisions in this section shall be 689.9 defined as follows: 689.10 (a) [TEACHERS.] The term "teacher" includes every person 689.11 regularly employed, as a principal, or to give instruction in a 689.12 classroom, or to superintend or supervise classroom instruction, 689.13 or as placement teacher and visiting teacher. Persons regularly 689.14 employed as counselors and school librarians shall be covered by 689.15 these sections as teachers if licensed as teachers or as school 689.16 librarians. 689.17 (b) [SCHOOL BOARD.] The term "school board" includes a 689.18 majority in membership of any and all boards or official bodies 689.19 having the care, management, or control over public schools. 689.20 (c) [DEMOTE.] The word "demote" means to reduce in rank or 689.21 to transfer to a lower branch of the service or to a position 689.22 carrying a lower salary or compensation. 689.23 (d) [NONPROVISIONAL LICENSE.] For purposes of this section, 689.24 "nonprovisional license" shall mean an entrance, continuing, or 689.25 life license. 689.26 Subd. 2. [PROBATIONARY PERIOD; DISCHARGE OR DEMOTION.] All 689.27 teachers in the public schools in cities of the first class 689.28 during the first three years of consecutive employment shall be 689.29 deemed to be in a probationary period of employment during which 689.30 period any annual contract with any teacher may, or may not, be 689.31 renewed as the school board, after consulting with the peer 689.32 review committee charged with evaluating the probationary 689.33 teachers under subdivision 2a or 2b, shall see fit. The school 689.34 site management team or the school board if there is no school 689.35 site management team,shallmust adopt a plan for a written 689.36 evaluation of teachers during the probationary period according 690.1 to subdivision 2a. Evaluation by the peer review committee 690.2 charged with evaluating probationary teachers under subdivision 690.3 2ashallmust occur at least three times each year for a teacher 690.4 performing services on 120 or more school days, at least two 690.5 times each year for a teacher performing services on 60 to 119 690.6 school days, and at least one time each year for a teacher 690.7 performing services on fewer than 60 school days. Days devoted 690.8 to parent-teacher conferences, teachers' workshops, and other 690.9 staff development opportunities and days on which a teacher is 690.10 absent from schoolshallmust not be included in determining the 690.11 number of school days on which a teacher performs services. The 690.12 school board may, during such probationary period, discharge or 690.13 demote a teacher for any of the causes as specified in this 690.14 code. The board must give a written statement of the cause of 690.15 such discharge or demotionshall be givento the teacherby the690.16school boardat least 30 days before such removal or 690.17 demotionshall becomebecomes effective, and. The teacher so 690.18 notifiedshall havehas no right of appealtherefromfrom the 690.19 discharge or demotion. 690.20 Subd. 2b. [PEER REVIEW FOR PROBATIONARY TEACHERS.] A 690.21schoolboard and an exclusive representative of the teachers in 690.22 the districtshallmust develop a probationary teacher peer 690.23 review process through joint agreement. 690.24 Subd. 3. [PERIOD OF SERVICE AFTER PROBATIONARY PERIOD; 690.25 DISCHARGE OR DEMOTION.] After the completion of such 690.26 probationary period, without discharge, such teachers as are 690.27 thereupon reemployed shall continue in service and hold their 690.28 respective position during good behavior and efficient and 690.29 competent service andshallmust not be discharged or demoted 690.30 except for cause after a hearing. 690.31AnyA probationary teachershall beis deemed to have been 690.32 reemployed for the ensuing school year, unless the school board 690.33 in charge of such schoolshall givegave such teacher notice in 690.34 writing before June 1 of the termination of such employment. In 690.35 event of such notice the employmentshall terminateterminates 690.36 at the close of the school sessions of the current school year. 691.1 Subd. 3b. [PEER REVIEW FOR CONTINUING CONTRACT TEACHERS.] 691.2 A school board and an exclusive representative of the teachers 691.3 in the districtshallmust develop a peer review process for 691.4 nonprobationary teachers through joint agreement. 691.5 Subd. 4. [GROUNDS FOR DISCHARGE OR DEMOTION.] Causes for 691.6 the discharge or demotion of a teacher either during or after 691.7 the probationary periodshallmust be: 691.8 (1) Immoral character, conduct unbecoming a teacher, or 691.9 insubordination; 691.10 (2) Failure without justifiable cause to teach without 691.11 first securing the written release of the school board having 691.12 the care, management, or control of the school in which the 691.13 teacher is employed; 691.14 (3) Inefficiency in teaching or in the management of a 691.15 school; 691.16 (4) Affliction with active tuberculosis or other 691.17 communicable diseaseshallmust be considered as cause for 691.18 removal or suspension while the teacher is suffering from such 691.19 disability; or 691.20 (5) Discontinuance of position or lack of pupils. 691.21 For purposes of this subdivision, conduct unbecoming a 691.22 teacher includes an unfair discriminatory practice described in 691.23 section 363.03, subdivision 5. 691.24 Subd. 5. [HEARING OF CHARGES AGAINST TEACHER.] The charges 691.25 against a teachershallmust be in writing and signed by the 691.26 person making the same and then filed with the secretary or 691.27 clerk of the school board having charge of the school in which 691.28 the teacher is employed.SuchThe school board, before 691.29 discharging or demoting a teacher,shallmust then accord the 691.30 teacher against whomsuchcharges have been filed a full hearing 691.31 and give to the teacher at least ten days' notice in writing of 691.32 the time and place of such hearing; such. The notice may be 691.33 served personally or sent by certified mail addressed tosuch691.34 the teacher at the teacher's last known post office address;691.35provided, that. If the chargebeis made byanya person 691.36 not in connection with the school system the charge may be 692.1 disregarded bysuchthe school board. If the grounds are those 692.2 specified in subdivision 4, clause (1), (2), (3), or (4), the 692.3 notice must also state a teacher may request arbitration under 692.4 subdivision 10a.Upon such hearing being held suchAt the 692.5 hearing, the school board oranarbitrator shall hear all 692.6 evidence that may be adduced in support of the charges and for 692.7 the teacher's defensetheretoto the charges. Either 692.8 partyshall havehas the right to have a written record of the 692.9 hearing at the expense of the board and to have witnesses 692.10 subpoenaed and all witnesses so subpoenaedshallmust be 692.11 examined under oath. Any member of the school board conducting 692.12 such a hearingshall havehas authority to issue subpoenas and 692.13 to administer oaths to witnesses. 692.14 Subd. 6. [COUNSEL; EXAMINATION OF WITNESSES.] Each party 692.15 appearing before the school boardshall havehas the right to be 692.16 represented by counsel, and such counsel may examine and 692.17 cross-examine witnesses and present arguments. 692.18 Subd. 7. [HEARINGS.] All hearings before the school 692.19 boardshallmust be private or may be public at the decision of 692.20 the teacher against whom such charges have been filed. 692.21 Subd. 8. [DECISION, WHEN RENDERED.]SuchThe hearing must 692.22 be concluded and a decision in writing, stating the grounds on 692.23 which it is based, rendered within 25 days after giving of such 692.24 notice. Where the hearing is before a school board the teacher 692.25 may be discharged or demoted upon the affirmative vote of a 692.26 majority of the members of theschoolboard. If the charges, or 692.27 any of such, are found to be true, theschoolboard conducting 692.28 the hearingshallmust discharge, demote, or suspend the 692.29 teacher, as seems to be for the best interest of the school.No692.30 A teachershallmust not be discharged for either of the causes 692.31 specified in subdivision 4, clause (3), except during the school 692.32 year, and then only upon charges filed at least four months 692.33 before the close of the school sessions of such school year. 692.34 Subd. 9. [CHARGES EXPUNGED FROM RECORDS.] In all cases 692.35 where the final decision is in favor of the teacher the charge 692.36 or chargesshallmust be physically expunged from the records. 693.1 Subd. 10. [SUSPENSION PENDING HEARING; SALARY.]Upon the693.2filing of chargesAfter charges are filed against a teacher, the 693.3 school board may suspend the teacher from regular duty. If,693.4upon final decision,the teacher is suspended or removed after 693.5 the final decision, theschoolboard may in its discretion 693.6 determine the teacher's salary or compensation as of the time of 693.7 filing the charges. If the final decision is favorable to the 693.8 teacherthere shall be no abatement of, the board must not abate 693.9 the teacher's salary or compensation. 693.10 Subd. 10a. [HEARING AND DETERMINATION BY ARBITRATOR.] A 693.11 teacher against whom charges have been filed alleging any cause 693.12 for discharge or demotion specified in subdivision 4, clause 693.13 (1), (2), (3), or (4), may elect a hearing before an arbitrator 693.14 instead of the school board. The hearing is governed by this 693.15 subdivision. 693.16 (a) The teacher must make a written request for a hearing 693.17 before an arbitrator within ten days after receiving a written 693.18 notice of the filing of charges required by subdivision 5. 693.19 Failure to request a hearing before an arbitrator during this 693.20 period is considered acquiescence to a hearing before the board. 693.21 (b) If the teacher and the school board are unable to 693.22 mutually agree on an arbitrator, theschoolboardshallmust 693.23 request from the bureau of mediation services a list of five 693.24 persons to serve as an arbitrator. If the teacher and the 693.25 school board are unable to mutually agree on an arbitrator from 693.26 the list provided, the parties shall alternately strike names 693.27 from the list until the name of one arbitrator remains. The 693.28 person remaining after the striking procedureshallmust be the 693.29 arbitrator. If the parties are unable to agree on who shall 693.30 strike the first name, the question must be decided by a flip of 693.31 a coin. The teacher and theschoolboardshallmust share 693.32 equally the costs and fees of the arbitrator. 693.33 (c) The arbitrator shall determine, by a preponderance of 693.34 the evidence, whether the causes specified in subdivision 4, 693.35 clause (1), (2), (3), or (4), exist to support the proposed 693.36 discharge or demotion. A lesser penalty than discharge or 694.1 demotion may be imposed by the arbitrator only to the extent 694.2 that either party proposes such lesser penalty in the 694.3 proceeding. In making the determination, the arbitration 694.4 proceeding is governed by sections 572.11 to 572.17 and by the 694.5 collective bargaining agreement applicable to the teacher. 694.6 (d) An arbitration hearing conducted under this subdivision 694.7 is a meeting for preliminary consideration of allegations or 694.8 charges within the meaning of section 471.705, subdivision 1d, 694.9 clause (c), andshallmust be closed, unless the teacher 694.10 requests it to be open. 694.11 (e) The arbitrator's decision is final and binding on the 694.12 parties, subject to sections 572.18 to 572.26. 694.13 Subd. 11. [SERVICES TERMINATED BY DISCONTINUANCE OR LACK 694.14 OF PUPILS; PREFERENCE GIVEN.] (a)AnyA teacher whose services 694.15 are terminated on account of discontinuance of position or lack 694.16 of pupilsshallmust receive first consideration for other 694.17 positions in the district for which that teacher is qualified. 694.18 In the event it becomes necessary to discontinue one or more 694.19 positions, in making such discontinuance, teachersshallmust be 694.20 discontinued in any department in the inverse order in which 694.21 they were employed. 694.22 (b) Notwithstanding the provisions of clause (a),noa 694.23 teachershall beis not entitled to exercise any seniority when 694.24 that exercise results in that teacher being retained by the 694.25 district in a field for which the teacher holds only a 694.26 provisional license, as defined by the board of teaching, unless 694.27 that exercise of seniority results in the termination of 694.28 services, on account of discontinuance of position or lack of 694.29 pupils, of another teacher who also holds a provisional license 694.30 in the same field. The provisions of this clauseshalldo not 694.31 apply to vocational education licenses. 694.32 (c) Notwithstanding the provisions of clause (a),noa 694.33 teachershallmust not be reinstated to a position in a field in 694.34 which the teacher holds only a provisional license, other than a 694.35 vocational education license, while another teacher who holds a 694.36 nonprovisional license in the same field is available for 695.1 reinstatement. 695.2 Subd. 12. [RECORDS RELATING TO INDIVIDUAL TEACHER; ACCESS; 695.3 EXPUNGEMENT.] All evaluations and files generated within 695.4 aschooldistrict relating to each individual teachershallmust 695.5 be available to each individual teacher upon the teacher's 695.6 written request. Effective January 1, 1976, all evaluations and 695.7 files, wherever generated, relating to each individual teacher 695.8shallmust be available to each individual teacher upon the 695.9 teacher's written request. The teachershall havehas the right 695.10 to reproduce any of the contents of the files at the teacher's 695.11 expense and to submit for inclusion in the file written 695.12 information in response to any material contained therein. 695.13 Aschooldistrict may destroy the files as provided by law 695.14 andshallmust expunge from the teacher's file any material 695.15 found to be false or substantially inaccurate through the 695.16 grievance procedure required pursuant to section 179A.20, 695.17 subdivision 4; provided,. The grievance procedure promulgated 695.18 by the director of the bureau of mediation services, pursuant to 695.19 section 179A.04, subdivision 3, clause (h),shall applyapplies 695.20 to those principals and supervisory employees not included in an 695.21 appropriate unit as defined in section 179A.03. Expungement 695.22 proceedingsshallmust be commenced within the time period 695.23 provided in the collective bargaining agreement for the 695.24 commencement of a grievance. If no time period is provided in 695.25 the bargaining agreement, the expungement proceedingsshallmust 695.26 commence within 15 days after the teacher has knowledge of the 695.27 inclusion in the teacher's file of the material the teacher 695.28 seeks to have expunged. 695.29 Sec. 37. Minnesota Statutes 1996, section 125.18, is 695.30 amended to read: 695.31 125.18 [SABBATICAL LEAVE FOR SCHOOL TEACHERS.] 695.32 Subdivision 1. [QUALIFICATIONS.] A teacher who holds a 695.33 license, according to this chapter, and a contract for 695.34 employment by a school district or other organization providing 695.35 public education may be granted a sabbatical leave by the board 695.36 employing the teacher under rules promulgated by the board. 696.1 Subd. 2. [RETURN TO POSITION.]AnyA teacher whomakes696.2applicationapplies for and accepts sabbatical leave shall agree 696.3 that, upon the conclusion of said sabbatical leave, the teacher 696.4 shall return to the teacher's position for a period determined 696.5 by the board before the leave is granted, or repay the district 696.6 the portion of salary received while on sabbatical leave. 696.7 Subd. 3. [RETAIN RIGHTS IN EMPLOYING DISTRICT.]AnyA 696.8 teacher who has been granted a sabbatical leaveshallmust 696.9 retain all rights in the employing district as though teaching 696.10 in that district. 696.11 Subd. 4. [DEFINITION.] The term sabbatical leave, as used 696.12 in this section,shall meanmeans compensated leaves of absence 696.13 granted for purposes of professional improvement or service. 696.14 Sec. 38. Minnesota Statutes 1996, section 125.182, is 696.15 amended to read: 696.16 125.182 [DEFINITIONS.] 696.17 Subdivision 1. [DEFINITIONS.] For the purpose of sections 696.18 125.181 to 125.185, the terms defined in this section have the 696.19 meanings given them, unless another meaning is clearly indicated. 696.20 Subd. 2. [TEACHER.] "Teacher" means a classroom teacher or 696.21 other similar professional employee required to hold a license 696.22 from the board of teaching. 696.23 Subd. 3. [BOARD.] "Board" means the board of teaching. 696.24 Sec. 39. Minnesota Statutes 1996, section 125.183, is 696.25 amended to read: 696.26 125.183 [MEMBERSHIP.] 696.27 Subdivision 1. [BOARD OF TEACHING.] The board of teaching 696.28 consists of 11 members appointed by the governor. Membership 696.29 terms, compensation of members, removal of members, the filling 696.30 of membership vacancies, and fiscal year and reporting 696.31 requirementsshall beare as provided in sections 214.07 to 696.32 214.09. No member may be reappointed for more than one 696.33 additional term. 696.34 Subd. 3. [MEMBERSHIP.] Except for the representatives of 696.35 higher education and the public, to be eligible for appointment 696.36 to the board of teaching a person must be fully licensed for the 697.1 position held and have at least five years teaching experience 697.2 in Minnesota, including the two years immediately preceding 697.3 nomination and appointment. Each nominee, other than a public 697.4 nominee, must be selected on the basis of professional 697.5 experience and knowledge of teacher education, accreditation, 697.6 and licensure. The board must be composed of: 697.7 (1) six classroom teachers; 697.8 (2) one higher education representative, who must be a 697.9 faculty member preparing teachers; 697.10 (3) one school administrator; and 697.11 (4) three members of the public, two of whom must be 697.12 present or former members of school boards. 697.13 Subd. 4. [VACANT POSITION.] The position of a member who 697.14 leaves Minnesota or whose employment status changes to a 697.15 category different from that from which appointedshall beis 697.16 deemed vacant. 697.17 Subd. 5. [ADMINISTRATION, TERMS, COMPENSATION; REMOVAL; 697.18 VACANCIES.] The provision of staff, administrative services and 697.19 office space; the review and processing of complaints; the 697.20 setting of fees; the selection and duties of an executive 697.21 secretary to serve the board; and other provisions relating to 697.22 board operationsshall beare as provided in chapter 214. 697.23 Membership terms, compensation of members, removal of members, 697.24 the filling of membership vacancies, and fiscal year and 697.25 reporting requirementsshall beare as provided in sections 697.26 214.07 to 214.09. 697.27 Subd. 6. [REIMBURSEMENT TO DISTRICTS.] The board may 697.28 reimburse local school districts for the costs of substitute 697.29 teachers employed when regular teachers are providing 697.30 professional assistance to the state by serving on the board or 697.31 on a committee or task force appointed by the board and charged 697.32 to make recommendations concerning standards for teacher 697.33 licensure in this state. 697.34 Sec. 40. Minnesota Statutes 1996, section 125.184, is 697.35 amended to read: 697.36 125.184 [MEETINGS.] 698.1 Subdivision 1. [MEETINGS.] The board of teachingshall698.2 must meet regularly atsuchthe times and places as the board 698.3shall determinedetermines. Meetingsshallmust be called by 698.4 the chair or at the written request of any eight members. 698.5 Subd. 2. [EXECUTIVE SECRETARY.] The board of teaching 698.6shallmust have an executive secretary whoshall beis in the 698.7 unclassified civil service and whoshallis notbea member of 698.8 the board. 698.9 Sec. 41. Minnesota Statutes 1996, section 125.185, is 698.10 amended to read: 698.11 125.185 [DUTIES.] 698.12 Subdivision 1. [CODE OF ETHICS.] The board of teaching 698.13shallmust develop by rule a code of ethics covering standards 698.14 of professional teaching practices, including areas of ethical 698.15 conduct and professional performance and methods of enforcement. 698.16 Subd. 2. [ADVISE MEMBERS OF PROFESSION.] The boardshall698.17 must act in an advisory capacity to members of the profession in 698.18 matters of interpretation of the code of ethics. 698.19 Subd. 3. [OFFICERS.] The board shall elect a chair and 698.20 such other officers as it may deem necessary. 698.21 Subd. 4. [LICENSE AND RULES.] (a) The boardshallmust 698.22 adopt rules to license public school teachers and interns 698.23 subject to chapter 14. 698.24 (b) The boardshallmust adopt rules requiring a person to 698.25 successfully complete a skills examination in reading, writing, 698.26 and mathematics as a requirement for initial teacher licensure. 698.27 Such rulesshallmust require college and universities offering 698.28 a board approved teacher preparation program to provide remedial 698.29 assistance to persons who did not achieve a qualifying score on 698.30 the skills examination, including those for whom English is a 698.31 second language. 698.32 (c) The boardshallmust adopt rules to approve teacher 698.33 preparation programs. 698.34 (d) The boardshallmust provide the leadership and shall 698.35 adopt rules for the redesign of teacher education programs to 698.36 implement a research based, results-oriented curriculum that 699.1 focuses on the skills teachers need in order to be effective. 699.2 The board shall implement new systems of teacher preparation 699.3 program evaluation to assure program effectiveness based on 699.4 proficiency of graduates in demonstrating attainment of program 699.5 outcomes. 699.6 (e) The boardshallmust adopt rules requiring successful 699.7 completion of an examination of general pedagogical knowledge 699.8 and examinations of licensure-specific teaching skills. The 699.9 rules shall be effective on the dates determined by the board, 699.10 but not later than July 1, 1999. 699.11 (f) The boardshallmust adopt rules requiring teacher 699.12 educators to work directly with elementary or secondary school 699.13 teachers in elementary or secondary schools to obtain periodic 699.14 exposure to the elementary or secondary teaching environment. 699.15 (g) The boardshallmust grant licenses to interns and to 699.16 candidates for initial licenses. 699.17 (h) The boardshallmust design and implement an assessment 699.18 system which requires a candidate for an initial license and 699.19 first continuing license to demonstrate the abilities necessary 699.20 to perform selected, representative teaching tasks at 699.21 appropriate levels. 699.22 (i) The boardshallmust receive recommendations from local 699.23 committees as established by the board for the renewal of 699.24 teaching licenses. 699.25 (j) The boardshallmust grant life licenses to those who 699.26 qualify according to requirements established by the board, and 699.27 suspend or revoke licenses pursuant to sections 125.09 and 699.28 214.10. The boardshallmust not establish any expiration date 699.29 for application for life licenses. 699.30 Subd. 4b. [COST AND EDUCATIONAL IMPLICATIONS OF RULES.] 699.31 Prior to the adoption by the board of teaching of any rule which 699.32 must be submitted to public hearing, a representative of the 699.33 commissioner shall appear before the board of teaching and at 699.34 the hearing required pursuant to section 14.14, subdivision 1, 699.35 to comment on the cost and educational implications of that 699.36 proposed rule. 700.1 Subd. 5. [REGISTER OF PERSONS LICENSED.] The executive 700.2 secretary of the board of teaching shall keep a record of the 700.3 proceedings of and a register of all persons licensed pursuant 700.4 to the provisions of this chapter. The registershallmust show 700.5 the name, address, license number and the renewalthereofof the 700.6 license. The boardshallmust on July 1, of each year or as 700.7 soon thereafter as is practicable, compile a list of such duly 700.8 licensed teachers and transmit a copythereofof the list to the 700.9 board. A copy of the registershallmust be available during 700.10 business hours at the office of the board to any interested 700.11 person. 700.12 Subd. 6. [FINANCES OF BOARD.] The commissioner shall 700.13 provide all necessary materials and assistance for the 700.14 transaction of the business of the board of teaching and all 700.15 moneys received by the board of teaching shall be paid into the 700.16 state treasury as provided by law. The expenses of 700.17 administering sections 125.01 to 125.187 which are incurred by 700.18 the board of teaching shall be paid for from appropriations made 700.19 to the board of teaching. 700.20 Subd. 7. [FRAUD; GROSS MISDEMEANOR.]AnyA person who 700.21shall in any manner claimclaims to be a licensed teacher 700.22 without a valid existing license issued by the board or any 700.23 person who employs fraud or deception in applying for or 700.24 securing a licenseshall beis guilty of a gross misdemeanor. 700.25 Subd. 9. [ADOPTING RULES.] The board of teaching may adopt 700.26 rules subject to the provisions of chapter 14 to implement 700.27 sections 125.04 to 125.09 and 125.181 to 125.187. 700.28 Subd. 10. [VARIANCES.] Notwithstanding subdivision 9 and 700.29 section 14.05, subdivision 4, the board of teaching may grant a 700.30 variance to its rules upon application by a school district for 700.31 purposes of implementing experimental programs in learning or 700.32 management. 700.33 Sec. 42. Minnesota Statutes 1996, section 125.187, is 700.34 amended to read: 700.35 125.187 [VALIDITY OF CERTIFICATES OR LICENSES.] 700.36NoA rule adopted by the board of teachingshallmust not 701.1 affect the validity of certificates or licenses to teach in 701.2 effect on July 1, 1974, or the rights and privileges of the 701.3 holders thereof, except that any such certificate or license may 701.4 be suspended or revoked for any of the causes and by the 701.5 procedures specified by law. 701.6 Sec. 43. Minnesota Statutes 1996, section 125.188, 701.7 subdivision 1, is amended to read: 701.8 Subdivision 1. [REQUIREMENTS.] (a) A preparation program 701.9 that is an alternative to the post-secondary teacher preparation 701.10 program as a means to acquire an entrance license is 701.11 established. The program may be offered in any instructional 701.12 field. 701.13 (b) To participate in the alternative preparation program, 701.14 the candidate must: 701.15 (1) have a bachelor's degree; 701.16 (2) pass an examination of skills in reading, writing, and 701.17 mathematics as required by section 125.05; 701.18 (3) have been offered a job to teach in a school district, 701.19 group of districts, or an education district approved by the 701.20 board of teaching to offer an alternative preparation licensure 701.21 program; 701.22 (4)(i) have a college major in the subject area to be 701.23 taught; or 701.24 (ii) have five years of experience in a field related to 701.25 the subject to be taught; and 701.26 (5) document successful experiences working with children. 701.27 (c) An alternative preparation license is of one year 701.28 duration and is issued by the board of teaching to participants 701.29 on admission to the alternative preparation program. 701.30 (d) The board of teachingshallmust ensure that one of the 701.31 purposes of this program is to enhance the school 701.32 desegregation/integration policies adopted by the state. 701.33 Sec. 44. Minnesota Statutes 1996, section 125.188, 701.34 subdivision 3, is amended to read: 701.35 Subd. 3. [PROGRAM APPROVAL.] (a) The board of teaching 701.36shallmust approve alternative preparation programs based on 702.1 criteria adopted by the board. 702.2 (b) An alternative preparation program at a school 702.3 district, group of schools, or an education district must be 702.4 affiliated with a post-secondary institution that has a teacher 702.5 preparation program. 702.6 Sec. 45. Minnesota Statutes 1996, section 125.188, 702.7 subdivision 5, is amended to read: 702.8 Subd. 5. [STANDARD ENTRANCE LICENSE.] The board of 702.9 teachingshallmust issue a standard entrance license to an 702.10 alternative preparation licensee who has successfully completed 702.11 the school year in the alternative preparation program and who 702.12 has received a positive recommendation from the licensee's 702.13 mentorship team. 702.14 Sec. 46. Minnesota Statutes 1996, section 125.1885, 702.15 subdivision 5, is amended to read: 702.16 Subd. 5. [STANDARD ENTRANCE LICENSE.] The state board of 702.17 educationshallmust issue a standard entrance license to an 702.18 alternative preparation licensee who has successfully completed 702.19 the school year in the alternative preparation program and who 702.20 has received a positive recommendation from the licensee's 702.21 mentorship team. 702.22 Sec. 47. Minnesota Statutes 1996, section 125.189, is 702.23 amended to read: 702.24 125.189 [TEACHERS OF DEAF AND HARD OF HEARING STUDENTS; 702.25 LICENSURE REQUIREMENTS.] 702.26 The board of teachingwillmust review and determine 702.27 appropriate licensure requirements for a candidate for a license 702.28 or an applicant for a continuing license to teach deaf and hard 702.29 of hearing students in prekindergarten through grade 12. In 702.30 addition to other requirements, a candidate must demonstrate the 702.31 minimum level of proficiency in American sign language as 702.32 determined by the board. 702.33 Sec. 48. Minnesota Statutes 1996, section 125.1895, 702.34 subdivision 4, is amended to read: 702.35 Subd. 4. [REIMBURSEMENT.] For purposes of revenue under 702.36 sections 124.321 and 124.322, the department of children, 703.1 families, and learningshallmust only reimburse school 703.2 districts for the services of those interpreters/transliterators 703.3 who satisfy the standards of competency under this section. 703.4 Sec. 49. [125.193] [TEACHERS; LICENSES.] 703.5 Subdivision 1. [BILINGUAL AND ENGLISH AS A SECOND LANGUAGE 703.6 LICENSES.] The board of teaching, hereinafter the board, must 703.7 grant teaching licenses in bilingual education and English as a 703.8 second language to persons who present satisfactory evidence 703.9 that they: 703.10 (a) Possess competence and communicative skills in English 703.11 and in another language; 703.12 (b) Possess a bachelor's degree or other academic degree 703.13 approved by the board, and meet such requirements as to course 703.14 of study and training as the board may prescribe. 703.15 Subd. 2. [PERSONS HOLDING GENERAL TEACHING LICENSES.] A 703.16 person holding a general teaching license who presents the board 703.17 with satisfactory evidence of competence and communicative 703.18 skills in a language other than English may be licensed under 703.19 this section. 703.20 Subd. 3. [EMPLOYMENT OF TEACHERS.] Teachers employed in a 703.21 bilingual education or English as a second language program 703.22 established pursuant to sections 126.261 to 126.269 shall not be 703.23 employed to replace any presently employed teacher who otherwise 703.24 would not be replaced. 703.25 Subd. 4. [TEACHER PREPARATION PROGRAMS.] For the purpose 703.26 of licensing bilingual and English as a second language 703.27 teachers, the board may approve programs at colleges or 703.28 universities designed for their training subject to the approval 703.29 of the state board of education. 703.30 Subd. 5. [PERSONS ELIGIBLE FOR EMPLOYMENT.] Any person 703.31 licensed under this section shall be eligible for employment by 703.32 a school board as a teacher in a bilingual education or English 703.33 as a second language program in which the language for which the 703.34 person is licensed is taught or used as a medium of 703.35 instruction. A board may prescribe only those additional 703.36 qualifications for teachers licensed under this section as are 704.1 approved by the board of teaching. 704.2 Subd. 6. [AFFIRMATIVE EFFORTS IN HIRING.] In hiring for 704.3 all positions in bilingual education programs, districts must 704.4 give preference to and make affirmative efforts to seek, 704.5 recruit, and employ persons who are (a) native speakers of the 704.6 language which is the medium of instruction in the bilingual 704.7 education program, and (b) who share the culture of the limited 704.8 English speaking children who are enrolled in the program. The 704.9 district shall provide procedures for the involvement of the 704.10 parent advisory committees in designing the procedures for the 704.11 recruitment, screening and selection of applicants. This 704.12 section must not be construed to limit the school board's 704.13 authority to hire and discharge personnel. 704.14 Sec. 50. Minnesota Statutes 1996, section 125.211, 704.15 subdivision 2, is amended to read: 704.16 Subd. 2. [RESPONSIBILITY.] By July 1, 1989, the board of 704.17 teachingshallmust begin to evaluate the effectiveness of 704.18 prebaccalaureate, postbaccalaureate, and other alternative 704.19 program structures for preparing candidates for entrance into 704.20 the teaching profession. The evaluation shall be conducted by 704.21 independent research centers or evaluators who are not 704.22 associated with a Minnesota teacher education institution and 704.23 shall be longitudinal in nature. By July 1, 1990, the board of 704.24 teachingshallmust make a preliminary report on the 704.25 effectiveness of alternative program structures to the education 704.26 and finance committees of the legislature. 704.27 Sec. 51. Minnesota Statutes 1996, section 125.230, 704.28 subdivision 4, is amended to read: 704.29 Subd. 4. [EMPLOYMENT CONDITIONS.] A school district 704.30shallmust pay a teaching resident a salary equal to 75 percent 704.31 of the salary of a first-year teacher with a bachelor's degree 704.32 in the district. The resident shall be a member of the local 704.33 bargaining unit and shall be covered under the terms of the 704.34 contract, except for salary and benefits, unless otherwise 704.35 provided in this subdivision. The school districtshallmust 704.36 provide health insurance coverage for the resident if the 705.1 district provides it for teachers, and may provide other 705.2 benefits upon negotiated agreement. 705.3 Sec. 52. Minnesota Statutes 1996, section 125.230, 705.4 subdivision 6, is amended to read: 705.5 Subd. 6. [LEARNING AND DEVELOPMENT REVENUE ELIGIBILITY.] A 705.6 school district with an approved teaching residency program may 705.7 use learning and development revenue for each teaching resident 705.8 in kindergarten through grade six. A district also may use the 705.9 revenue for a paraprofessional who is a person of color enrolled 705.10 in an approved teacher preparation program. A school 705.11 districtshallmust not use a teaching resident to replace an 705.12 existing teaching position unless: 705.13 (1) there is no teacher available who is properly licensed 705.14 to fill the vacancy, who has been placed on unrequested leave of 705.15 absence in the district, and who wishes to be reinstated; and 705.16 (2) the district's collective bargaining agreement includes 705.17 a memorandum of understanding that permits teaching residents to 705.18 fill an existing teaching position. 705.19 Sec. 53. Minnesota Statutes 1996, section 125.230, 705.20 subdivision 7, is amended to read: 705.21 Subd. 7. [RECOMMENDATION FOR LICENSURE REQUIREMENTS.] (a) 705.22 The board of teachingshallmust develop for teachers of 705.23 students in prekindergarten through grade 12, model teaching 705.24 residency outcomes and assessments, and mentoring programs. 705.25 (b) The board of teachingshallmust report to the 705.26 education committees of the legislature by February 15, 1994, on 705.27 developing a residency program as part of teacher licensure. 705.28 The report shall at least discuss: 705.29 (1) whether a teacher residency program should be a 705.30 prerequisite to obtaining an initial teaching license or a 705.31 continuing teacher license; 705.32 (2) the number of teacher residency positions available 705.33 statewide by school district; 705.34 (3) how a teacher residency program and a mentorship 705.35 program for school teachers can be structured; 705.36 (4) whether additional state funding for teacher residency 706.1 programs is required; 706.2 (5) the interrelationship between existing teacher 706.3 preparation programs and a teacher residency program; 706.4 (6) issues related to implementing a teacher residency 706.5 program, including a timeline for implementing the program; and 706.6 (7) how a teacher residency program may impact upon a 706.7 teacher licensed in another state who seeks a teaching position 706.8 in Minnesota. 706.9 Sec. 54. [125.2305] [PRACTICE OR STUDENT TEACHERS.] 706.10 The board may, by agreements with teacher preparing 706.11 institutions, arrange for classroom experience in the district 706.12 for practice or student teachers who have completed not less 706.13 than two years of an approved teacher education program. Such 706.14 practice teachers must be provided with appropriate supervision 706.15 by a fully qualified teacher under rules promulgated by the 706.16 board. Practice teachers are deemed employees of the school 706.17 district in which they are rendering services for purposes of 706.18 workers' compensation; liability insurance, if provided for 706.19 other district employees in accordance with section 123.41; and 706.20 legal counsel in accordance with the provisions of section 706.21 127.03. 706.22 Sec. 55. Minnesota Statutes 1996, section 125.231, 706.23 subdivision 3, is amended to read: 706.24 Subd. 3. [APPLICATIONS.] The board of teachingshallmust 706.25 make application forms available to sites interested in 706.26 developing or expanding a mentorship program. A school 706.27 district, a group of school districts, or a coalition of 706.28 districts, teachers and teacher education institutions may apply 706.29 for a teacher mentorship program grant. The board of teaching, 706.30 in consultation with the teacher mentoring task force,shall706.31 must approve or disapprove the applications. To the extent 706.32 possible, the approved applications must reflect effective 706.33 mentoring components, include a variety of coalitions and be 706.34 geographically distributed throughout the state. The board of 706.35 teachingshallmust encourage the selected sites to consider the 706.36 use of its assessment procedures. 707.1 Sec. 56. [125.232] [STAFF DEVELOPMENT PROGRAM.] 707.2 Subdivision 1. [STAFF DEVELOPMENT COMMITTEE.] A school 707.3 board must use the revenue authorized in section 124A.29 for 707.4 in-service education for programs under section 126.77, 707.5 subdivision 2, or for staff development plans under this 707.6 section. The board must establish a staff development committee 707.7 to develop the plan, assist site decision-making teams in 707.8 developing a site plan consistent with the goals of the plan, 707.9 and evaluate staff development efforts at the site level. A 707.10 majority of the advisory committee must be teachers representing 707.11 various grade levels, subject areas, and special education. The 707.12 advisory committee must also include nonteaching staff, parents, 707.13 and administrators. Districts must report staff development 707.14 results and expenditures to the commissioner in the form and 707.15 manner determined by the commissioner. The expenditure report 707.16 must include expenditures by the board for district level 707.17 activities and expenditures made by the staff. The report must 707.18 provide a breakdown of expenditures for (1) curriculum 707.19 development and programs, (2) in-service education, workshops, 707.20 and conferences, and (3) the cost of teachers or substitute 707.21 teachers for staff development purposes. Within each of these 707.22 categories, the report must also indicate whether the 707.23 expenditures were incurred at the district level or the school 707.24 site level, and whether the school site expenditures were made 707.25 possible by the grants to school sites that demonstrate 707.26 exemplary use of allocated staff development revenue. These 707.27 expenditures are to be reported using the UFARS system. The 707.28 commissioner shall report the staff development expenditure data 707.29 to the education committees of the legislature by February 15 707.30 each year. 707.31 Subd. 2. [CONTENTS OF THE PLAN.] The plan must include the 707.32 staff development outcomes under subdivision 3, the means to 707.33 achieve the outcomes, and procedures for evaluating progress at 707.34 each school site toward meeting education outcomes. 707.35 Subd. 3. [STAFF DEVELOPMENT OUTCOMES.] The staff 707.36 development committee must adopt a staff development plan for 708.1 improving student achievement of education outcomes. The plan 708.2 must be consistent with education outcomes that the school board 708.3 determines. The plan must include ongoing staff development 708.4 activities that contribute toward continuous improvement in 708.5 achievement of the following goals: 708.6 (1) improve student achievement of state and local 708.7 education standards in all areas of the curriculum; 708.8 (2) effectively meet the needs of a diverse student 708.9 population, including at-risk children, children with 708.10 disabilities, and gifted children, within the regular classroom 708.11 and other settings; 708.12 (3) provide an inclusive curriculum for a racially, 708.13 ethnically, and culturally diverse student population that is 708.14 consistent with the state education diversity rule and the 708.15 district's education diversity plan; 708.16 (4) improve staff ability to collaborate and consult with 708.17 one another and to resolve conflicts; 708.18 (5) effectively teach and model violence prevention policy 708.19 and curriculum that address issues of harassment and teach 708.20 nonviolent alternatives for conflict resolution; and 708.21 (6) provide teachers and other members of site-based 708.22 management teams with appropriate management and financial 708.23 management skills. 708.24 Sec. 57. [125.233] [TEACHER CENTERS.] 708.25 Subdivision 1. [DEFINITION.] For the purposes of this 708.26 section, "teacher" has the meaning given it in section 179A.03, 708.27 subdivision 18. 708.28 Subd. 2. [ESTABLISHMENT.] A teacher center may be 708.29 established by one or more school boards and the exclusive 708.30 representatives of the teachers. The teacher center shall serve 708.31 at least ten districts or 3,000 teachers. 708.32 Subd. 3. [POLICY BOARD MEMBERSHIP.] Representatives of 708.33 exclusive representatives and representatives of the school 708.34 boards shall mutually determine the composition of the policy 708.35 board according to the guidelines in this subdivision. A 708.36 majority of the policy board must be teachers. The number of 709.1 policy board members from each participating district must be in 709.2 proportion to the number of teachers in each district. The 709.3 board shall be composed of elementary teachers, secondary 709.4 teachers, and other teachers, parents, and representatives of 709.5 school boards, post-secondary education, business, and labor. 709.6 At least one teacher from each participating district shall be a 709.7 member of the board. 709.8 Subd. 4. [BOARD POWERS AND DUTIES.] The board shall 709.9 develop policy, designate a fiscal agent, adopt a budget, expend 709.10 funds to accomplish the purposes of the center, contract for 709.11 technical and other assistance, and perform other managerial or 709.12 supervisory activities consistent with the rules of the state 709.13 board of education. The board may employ staff or contract with 709.14 consultants for services. 709.15 Subd. 5. [CENTER FUNCTIONS.] A teacher center shall 709.16 perform functions according to this subdivision. The center 709.17 shall assist teachers, diagnose learning needs, experiment with 709.18 the use of multiple instructional approaches, assess pupil 709.19 outcomes, assess staff development needs and plans, and teach 709.20 school personnel about effective pedagogical approaches. The 709.21 center shall develop and produce curricula and curricular 709.22 materials designed to meet the educational needs of pupils being 709.23 served, by applying educational research and new and improved 709.24 methods, practices, and techniques. The center shall provide 709.25 programs to improve the skills of teachers to meet the special 709.26 educational needs of pupils. The center shall provide programs 709.27 to familiarize teachers with developments in curriculum 709.28 formulation and educational research, including how research can 709.29 be used to improve teaching skills. The center shall facilitate 709.30 sharing of resources, ideas, methods, and approaches directly 709.31 related to classroom instruction and improve teachers' 709.32 familiarity with current teaching materials and products for use 709.33 in their classrooms. The center shall provide in-service 709.34 programs. 709.35 Sec. 58. Minnesota Statutes 1996, section 125.53, is 709.36 amended to read: 710.1 125.53 [DESIGNATED STATE OFFICIAL.] 710.2 For the purposes of the agreement set forth in section 710.3 125.52, the designated state official for this stateshall beis 710.4 the commissioner of children, families, and learning. 710.5 Sec. 59. Minnesota Statutes 1996, section 125.54, is 710.6 amended to read: 710.7 125.54 [RECORD OF CONTRACTS.] 710.8 Two copies of all contracts made on behalf of this state 710.9 pursuant to the agreement set forth in section 125.52shallmust 710.10 be kept on file in the office of the commissioner of children, 710.11 families, and learning. 710.12 Sec. 60. Minnesota Statutes 1996, section 125.60, is 710.13 amended to read: 710.14 125.60 [EXTENDED LEAVES OF ABSENCE.] 710.15 Subdivision 1. [DEFINITION.] As used in this section, the 710.16 term "teachers" shall have the meaning given it in section 710.17 125.03, subdivision 1. 710.18 Subd. 2. [LEAVE OF ABSENCE.] The board of any district may 710.19 grant an extended leave of absence without salary to any full- 710.20 or part-time elementary or secondary teacher who has been 710.21 employed by the district for at least five years and has at 710.22 least ten years of allowable service, as defined in section 710.23 354.05, subdivision 13, or the bylaws of the appropriate 710.24 retirement association or ten years of full-time teaching 710.25 service in Minnesota public elementary and secondary schools. 710.26 The maximum duration of an extended leave of absence pursuant to 710.27 this sectionshallmust be determined by mutual agreement of the 710.28 board and the teacher at the time the leave is granted and shall 710.29 be at least three but no more than five years. An extended 710.30 leave of absence pursuant to this section shall be taken by 710.31 mutual consent of the board and the teacher. If the school 710.32 board denies a teacher's request, itshallmust provide 710.33 reasonable justification for the denial. 710.34 Subd. 3. [REINSTATEMENT.] Except as provided in 710.35 subdivisions 6a and 6b, a teacher on an extended leave of 710.36 absence pursuant to this section shall have the right to be 711.1 reinstated to a position for which the teacher is licensed at 711.2 the beginning of any school year which immediately follows a 711.3 year of the extended leave of absence, unless the teacher fails 711.4 to give the required notice of intention to return or is 711.5 discharged or placed on unrequested leave of absence or the 711.6 contract is terminated pursuant to section 125.12 or 125.17 711.7 while the teacher is on the extended leave. The boardshallis 711.8 notbeobligated to reinstate any teacher who is on an extended 711.9 leave of absence pursuant to this section, unless the teacher 711.10advisesadvised the board of the intention to return before 711.11 February 1 in the school year preceding the school year in which 711.12 the teacher wishes to return or by February 1 in the calendar 711.13 year in which the leave is scheduled to terminate. 711.14 Subd. 4. [SENIORITY AND CONTINUING CONTRACT RIGHTS.] Any 711.15 teacher who is reinstated to a teaching position after an 711.16 extended leave of absence pursuant to this section shall retain 711.17 seniority and continuing contract rights in the employing 711.18 district as though the teacher had been teaching in the district 711.19 during the period of the extended leave; provided, however,. 711.20 This subdivision shall not be construed to require a board to 711.21 reinstate a teacher to any particular position or to include the 711.22 years spent on the extended leave of absence in the 711.23 determination of a teacher's salary upon return to teaching in 711.24 this district. 711.25 Subd. 5. [SALARY.] The years spent by a teacher on an 711.26 extended leave of absence pursuant to this section shall not be 711.27 included in the determination of salary upon return to teaching 711.28 in the district. The credits earned by a teacher on an extended 711.29 leave of absence pursuant to this section shall not be included 711.30 in the determination of salary upon return to teaching in the 711.31 district for a period equal to the time of the extended leave of 711.32 absence. 711.33 Subd. 6. [SCHOOL BOARD AUTHORITY.] Nothing within the 711.34 provisions of this section shall be construed to limit the 711.35 authority of a school board to grant any teacher a leave of 711.36 absence which is not subject to the provisions of this section 712.1 and sections 354.094 and 354A.091. 712.2 Subd. 6a. [EMPLOYMENT IN ANOTHER DISTRICT.]NoA school 712.3 board shall not be obligated to reinstate a teacher who takes a 712.4 full-time or part-time position as a teacher in another 712.5 Minnesota school district while on an extended leave of absence 712.6 pursuant to this section. This subdivision shall not apply to a 712.7 teacher who is employed as a substitute teacher. 712.8 Subd. 6b. [SUPERINTENDENT.] A school board shall not be 712.9 obligated to reinstate a superintendent on an extended leave of 712.10 absence pursuant to this section to a position in the district. 712.11 Subd. 8. [BENEFITS.] A teacher on an extended leave of 712.12 absence shall receive all of the health, accident, medical, 712.13 surgical and hospitalization insurance or benefits, for both the 712.14 teacher and the teacher's dependents, for which the teacher 712.15 would otherwise be eligible if not on an extended leave,. A 712.16 teacher shall receive the coverage if such coverage is available 712.17 from the school district's insurer, if the teacher requests the 712.18 coverage, and if the teacher either (a) reimburses the district 712.19 for the full amount of the premium necessary to maintain the 712.20 coverage within one month following the district's payment of 712.21 the premium, or (b) if the district is wholly or partially 712.22 self-insured, pays the district, according to a schedule agreed 712.23 upon by the teacher and the school board, an amount determined 712.24 by the school board to be the amount that would be charged for 712.25 the coverage chosen by the teacher if the school board purchased 712.26 all health, accident, medical, surgical and hospitalization 712.27 coverage for its teachers from an insurer. 712.28 Sec. 61. Minnesota Statutes 1996, section 125.611, is 712.29 amended to read: 712.30 125.611 [TEACHER EARLY RETIREMENT INCENTIVE PROGRAM.] 712.31 Subdivision 1. [CRITERIA.] For purposes of this section, 712.32 "teacher" means a teacher as defined in section 125.03, 712.33 subdivision 1, who: 712.34 (a) is employed in a public elementary or secondary school 712.35 in the state and 712.36 (b) either 713.1 (1)(i) hasnot less thanat least 15 total years of 713.2 full-time teaching service in elementary, secondary, and 713.3 technical colleges, or at least 15 years of allowable service as 713.4 defined in sections 354.05, subdivision 13; 354.092; 354.093; 713.5 354.094; 354.53; 354.66; 354A.011, subdivision 4; 354A.091; 713.6 354A.092; 354A.093; 354A.094; or Laws 1982, chapter 578, article 713.7 II, section 1 and 713.8 (ii) has or will have attained the age of 55 years but less 713.9 than 65 years as of the June 30 in the school year during which 713.10 an application for an early retirement incentive is made, or 713.11 (2) hasnot less thanat least 30 total years of full-time 713.12 teaching service in elementary, secondary, and technical 713.13 colleges, or at least 30 years of allowable service as defined 713.14 in sections 354.05, subdivision 13; 354.092; 354.093; 354.094; 713.15 354.53; 354.66; 354A.011, subdivision 4; 354A.091; 354A.092; 713.16 354A.093; 354A.094; or Laws 1982, chapter 578, article II, 713.17 section 1. 713.18 Subd. 2. [RETIREMENT.] For purposes of this section, 713.19 "retirement" means termination of services in the employing 713.20 district and withdrawal from active teaching service. 713.21 Subd. 11. [EMPLOYMENT AS SUBSTITUTE.] Notwithstanding the 713.22 provisions of subdivision 2, a teacher who has entered into an 713.23 agreement for termination of services and withdrawal from active 713.24 teaching service with an early retirement incentive may be 713.25 employed as a substitute teacher after retirement. 713.26 Subd. 12. [UNEMPLOYMENT INSURANCE.] Any amount of 713.27 unemployment insurance that the teacher receives and for which 713.28 the district is required to pay into the reemployment insurance 713.29 fund pursuant to section 268.06, subdivision 25, may be deducted 713.30 by the district from the amount of the teacher's early 713.31 retirement incentive or recovered by the district from the 713.32 teacher up to the amount of the early retirement incentive. 713.33 Subd. 13. [APPLICATIONS.] A teacher meeting the 713.34 requirements of subdivision 1 may apply to the school board of 713.35 the employing district for a contract for termination of 713.36 services, withdrawal from active teaching service, and payment 714.1 of an early retirement incentive. This applicationshallmust 714.2 be submitted on or before February 1 of the school year at the 714.3 end of which the teacher wishes to retire. A school boardshall714.4 must approve or deny the application within 30 days after it is 714.5 received by the board. The amount of the early retirement 714.6 incentive shall be agreed upon between the teacher and the 714.7 school board. The early retirement incentive shall be paid by 714.8 the employing district at the time and in the manner mutually 714.9 agreed upon by a teacher and the board. 714.10 Sec. 62. Minnesota Statutes 1996, section 125.62, 714.11 subdivision 2, is amended to read: 714.12 Subd. 2. [APPLICATION.] To obtain a joint grant, a joint 714.13 applicationshallmust be submitted to the state board of 714.14 education. The application must be developed with the 714.15 participation of the parent advisory committee, established 714.16 according to section 126.51, and the Indian advisory committee 714.17 at the post-secondary institution. The joint application shall 714.18 set forth: 714.19 (1) the in-kind, coordination, and mentorship services to 714.20 be provided by the post-secondary institution; and 714.21 (2) the coordination and mentorship services to be provided 714.22 by the school district. 714.23 Sec. 63. Minnesota Statutes 1996, section 125.62, 714.24 subdivision 3, is amended to read: 714.25 Subd. 3. [REVIEW AND COMMENT.] The state boardshallmust 714.26 submit the joint application to the Minnesota Indian scholarship 714.27 committee for review and comment. 714.28 Sec. 64. Minnesota Statutes 1996, section 125.62, 714.29 subdivision 7, is amended to read: 714.30 Subd. 7. [LOAN FORGIVENESS.] The loan may be forgiven if 714.31 the recipient is employed as a teacher, as defined in section 714.32 125.12 or 125.17, in an eligible school or program in 714.33 Minnesota. One-fourth of the principal of the outstanding loan 714.34 amount shall be forgiven for each year of eligible employment, 714.35 or a pro rata amount for eligible employment during part of a 714.36 school year, part-time employment as a substitute teacher, or 715.1 other eligible part-time teaching. Loans for $2,500 or less may 715.2 be forgiven at the rate of up to $1,250 per year. The following 715.3 schools and programs are eligible for the purposes of loan 715.4 forgiveness: 715.5 (1) a school or program operated by a school district; 715.6 (2) a tribal contract school eligible to receive aid 715.7 according to section 124.86; 715.8 (3) a head start program; 715.9 (4) an early childhood family education program; 715.10 (5) a program providing educational services to children 715.11 who have not entered kindergarten; or 715.12 (6) a program providing educational enrichment services to 715.13 American Indian students in grades kindergarten through 12. 715.14 If a person has an outstanding loan obtained through this 715.15 program, the duty to make payments of principal and interest may 715.16 be deferred during any time period the person is enrolled at 715.17 least one-half time in an advanced degree program in a field 715.18 that leads to employment by a school district. To defer loan 715.19 obligations, the person shall provide written notification to 715.20 the state board of education and the recipients of the joint 715.21 grant that originally authorized the loan. Upon approval by the 715.22 state board and the joint grant recipients, payments shall be 715.23 deferred. 715.24 The higher education services office shall approve the loan 715.25 forgiveness program, loan deferral, and procedures to administer 715.26 the programshall be approved by the higher education services715.27office. 715.28 Sec. 65. Minnesota Statutes 1996, section 125.623, 715.29 subdivision 3, is amended to read: 715.30 Subd. 3. [PROGRAM REQUIREMENTS.] (a) A grant recipient 715.31shallmust recruit persons of color to be teachers in 715.32 elementary, secondary, early childhood or parent education, and 715.33 provide support in linking program participants with jobs in the 715.34 recipient's school district. 715.35 (b) A grant recipientshallmust establish an advisory 715.36 council composed of representatives of communities of color. 716.1 (c) A grant recipient, with the assistance of the advisory 716.2 council,shallmust recruit high school students and other 716.3 persons, including educational paraprofessionals, support them 716.4 through the higher education application and admission process, 716.5 advise them while enrolled and link them with support resources 716.6 in the college or university and the community. 716.7 (d) A grant recipientshallmust award stipends to students 716.8 of color enrolled in an approved licensure program to help cover 716.9 the costs of tuition, student fees, supplies, and books. 716.10 Stipend awards must be based on a student's financial need and 716.11 students must apply for any additional financial aid they are 716.12 eligible for to supplement this program. No more than ten 716.13 percent of the grant may be used for costs of administering the 716.14 program. Students must agree to teach in the grantee school 716.15 district for at least two years after licensure. If the 716.16 district has no licensed positions open, the student may teach 716.17 in another district in Minnesota. 716.18 (e) The commissioner of children, families, and learning 716.19 shall consider the following criteria in awarding grants: 716.20 (1) whether the program is likely to increase the 716.21 recruitment and retention of students of color in teaching; 716.22 (2) whether grant recipients will recruit paraprofessionals 716.23 from the district to work in its schools; and 716.24 (3) whether grant recipients will establish or have a 716.25 mentoring program for students of color. 716.26 Sec. 66. Minnesota Statutes 1996, section 125.80, is 716.27 amended to read: 716.28 125.80 [TEACHER LUNCH PERIOD.] 716.29 Each teachershallmust be provided with a duty-free lunch 716.30 period, scheduled according to school board policy or negotiated 716.31 agreement. 716.32 Sec. 67. [REPEALER.] 716.33 Minnesota Statutes 1996, sections 125.70; 125.701; 125.702; 716.34 125.703; 125.704; and 125.705, are repealed. 716.35 ARTICLE 9 716.36 CHAPTER 126 717.1 STUDENTS AND SCHOOL ENVIRONMENT 717.2 Section 1. Minnesota Statutes 1996, section 126.05, is 717.3 amended to read: 717.4 126.05 [TEACHER TRAINING, EFFECTS OF DRUGS AND ALCOHOL.] 717.5 All educational institutions providing teacher education 717.6shallmust offer a program in the personal use and misuse of and 717.7 dependency on tobacco, alcohol, drugs and other chemicals, and. 717.8 Every student attendingsuch institutioneducational 717.9 institutions in preparation for teaching service shall be 717.10 required to take and to satisfactorily complete such a program. 717.11 Every student who graduates after June, 1974, shall complete 717.12 such a course. 717.13 Sec. 2. Minnesota Statutes 1996, section 126.14, is 717.14 amended to read: 717.15 126.14 [UNITED STATES FLAG.] 717.16 Subdivision 1. [DISPLAYED BY SCHOOLS.]There shall be717.17displayed atEvery public school in Minnesotawhen in session717.18 must display an appropriate United States flag when in session. 717.19Such displayThe flag shall be displayed upon the school grounds 717.20 or outside the school building,uponon a proper staff, on every 717.21 legal holiday occurring during the school term and at such other 717.22 times as therespective boardsboard ofsuch districtsthe 717.23 district may directand. The flag must be displayed within the 717.24 principal rooms ofsuchthe school building at all other times 717.25 whilethe sameschool is in session. 717.26 Subd. 2. [SCHOOL BOARDS TO PROVIDE FLAGS AND STAFFS.]It717.27shall be the duty of eachThe boardtomust providesuchthe 717.28 flag for each of the school buildingsofin theirrespective717.29 districts, together with a suitable stafffor theto display 717.30thereofthe flag outside ofsuchthe school building and proper 717.31 arrangementfor theto displaythereof within suchthe flag in 717.32 the building, and a suitable receptacle for the safekeeping 717.33 ofsuchthe flag when not in use, as by this section directed,717.34at all times. 717.35 Sec. 3. Minnesota Statutes 1996, section 126.1995, is 717.36 amended to read: 718.1 126.1995 [SAFETY REQUIREMENT GUIDELINES.] 718.2 The departmentof children, families, and learning, in 718.3 cooperation with the Minnesota fire marshal's division,shall718.4 must develop guidelines for school lab safety. The guidelines 718.5 shall include a list of safety requirements and an explanation 718.6 of the minimum state and national laws, codes, and standards 718.7 affecting school lab safety the Minnesota fire marshal considers 718.8 necessary for schools to implement. The district superintendent 718.9mustshall ensure that every school lab within the district 718.10 complies with the school lab safety requirements. Lack of 718.11 funding is not an excuse for noncompliance. 718.12 Sec. 4. [REPEALER.] 718.13 Minnesota Statutes 1996, sections 126.113; 126.115; 126.12; 718.14 126.13; 126.15; 126.151; 126.20; 126.202; 126.21; 126.22; 718.15 126.23; 126.235; 126.237; 126.239; 126.261; 126.262; 126.264; 718.16 126.265; 126.266; 126.267; 126.269; 126.36; 126.43; 126.45; 718.17 126.46; 126.47; 126.48; 126.49; 126.50; 126.501; 126.51; 126.52; 718.18 126.531; 126.54; 126.55; 126.56; 126.681; 126.69; 126.699; 718.19 126.70; 126.72; 126.77; 126.78; 126.82; and 126.84, are repealed. 718.20 ARTICLE 10 718.21 CHAPTER 129C 718.22 Section 1. Minnesota Statutes 1996, section 129C.10, 718.23 subdivision 3, is amended to read: 718.24 Subd. 3. [POWERS AND DUTIES OF BOARD.] (a) The board has 718.25 the powers necessary for the care, management, and control of 718.26 the Lola and Rudy Perpich Minnesota center for arts education 718.27 and all its real and personal property. The powers shall 718.28 include, but are not limited to, those listed in this 718.29 subdivision. 718.30 (b) The board may employ and discharge necessary employees, 718.31 and contract for other services to ensure the efficient 718.32 operation of the center for arts education. 718.33 (c) The board may receive and award grants. The board may 718.34 establish a charitable foundation and accept, in trust or 718.35 otherwise, any gift, grant, bequest, or devise for educational 718.36 purposes and hold, manage, invest, and dispose of them and the 719.1 proceeds and income of them according to the terms and 719.2 conditions of the gift, grant, bequest, or devise and its 719.3 acceptance. The boardshallmust adopt internal procedures to 719.4 administer and monitor aids and grants. 719.5 (d) The board may establish or coordinate evening, 719.6 continuing education, extension, and summer programs for 719.7 teachers and pupils. 719.8 (e) The board may identify pupils who have artistic talent, 719.9 either demonstrated or potential, in dance, literary arts, media 719.10 arts, music, theater, and visual arts, or in more than one art 719.11 form. 719.12 (f) The boardshallmust educate pupils with artistic 719.13 talent by providing: 719.14 (1) an interdisciplinary academic and arts program for 719.15 pupils in the 11th and 12th grades. The total number of pupils 719.16 accepted under this clause and clause (2) shall not exceed 300; 719.17 (2) additional instruction to pupils for a 13th grade. 719.18 Pupils eligible for this instruction are those enrolled in 12th 719.19 grade who need extra instruction and who apply to the board, or 719.20 pupils enrolled in the 12th grade who do not meet learner 719.21 outcomes established by the board. Criteria for admission into 719.22 the 13th grade shall not be subject to chapter 14; 719.23 (3) intensive arts seminars for one or two weeks for pupils 719.24 in grades 9 to 12; 719.25 (4) summer arts institutes for pupils in grades 9 to 12; 719.26 (5) artist mentor and extension programs in regional sites; 719.27 and 719.28 (6) teacher education programs for indirect curriculum 719.29 delivery. 719.30 (g) The board may determine the location for the Lola and 719.31 Rudy Perpich Minnesota center for arts education and any 719.32 additional facilities related to the center, including the 719.33 authority to lease a temporary facility. 719.34 (h) The board must plan for the enrollment of pupils on an 719.35 equal basis from each congressional district. 719.36 (i) The board may establish task forces as needed to advise 720.1 the board on policies and issues. The task forces expire as 720.2 provided in section 15.059, subdivision 6. 720.3 (j) The board may request the commissioner of children, 720.4 families, and learning for assistance and services. 720.5 (k) The board may enter into contracts with other public 720.6 and private agencies and institutions for residential and 720.7 building maintenance services if it determines that these 720.8 services could be provided more efficiently and less expensively 720.9 by a contractor than by the board itself. The board may also 720.10 enter into contracts with public or private agencies and 720.11 institutions, school districts or combinations of school 720.12 districts, or service cooperatives to provide supplemental 720.13 educational instruction and services. 720.14 (l) The board may provide or contract for services and 720.15 programs by and for the center for arts education, including a 720.16 store, operating in connection with the center; theatrical 720.17 events; and other programs and services that, in the 720.18 determination of the board, serve the purposes of the center. 720.19 (m) The board may provide for transportation of pupils to 720.20 and from the center for arts education for all or part of the 720.21 school year, as the board considers advisable and subject to its 720.22 rules. Notwithstanding any other law to the contrary, the board 720.23 may charge a reasonable fee for transportation of pupils. Every 720.24 driver providing transportation of pupils under this paragraph 720.25 must possess all qualifications required by the state board of 720.26 education. The board may contract for furnishing authorized 720.27 transportation under rules established by the commissioner of 720.28 children, families, and learning and may purchase and furnish 720.29 gasoline to a contract carrier for use in the performance of a 720.30 contract with the board for transportation of pupils to and from 720.31 the center for arts education. When transportation is provided, 720.32 scheduling of routes, establishment of the location of bus 720.33 stops, the manner and method of transportation, the control and 720.34 discipline of pupils, and any other related matter is within the 720.35 sole discretion, control, and management of the board. 720.36 (n) The board may provide room and board for its pupils. 721.1 If the board provides room and board, it shall charge a 721.2 reasonable fee for the room and board. The fee is not subject 721.3 to chapter 14 and is not a prohibited fee according to sections 721.4 120.71 to 120.76. 721.5 (o) The board may establish and set fees for services and 721.6 programs without regard to chapter 14. If the board sets fees 721.7 not authorized or prohibited by the Minnesota public school fee 721.8 law, it may do so without complying with the requirements of 721.9 section 120.75, subdivision 1. 721.10 Sec. 2. Minnesota Statutes 1996, section 129C.10, 721.11 subdivision 3a, is amended to read: 721.12 Subd. 3a. [CENTER ACCOUNT.]There is established in the721.13state treasuryA center for arts education account is 721.14 established in the special revenue fund in the state treasury. 721.15 All money collected by the board, including rental income,shall721.16 must be deposited in the account. Money in the account, 721.17 including interest earned, is appropriated to the board for the 721.18 operation of its services and programs. 721.19 Sec. 3. Minnesota Statutes 1996, section 129C.10, 721.20 subdivision 3b, is amended to read: 721.21 Subd. 3b. [APPEAL.] A parent who disagrees with a board 721.22 action that adversely affects the academic program of an 721.23 enrolled pupil may appeal the board's action to the commissioner 721.24 of children, families, and learning within 30 days of the 721.25 board's action. The decision of the commissioner shall be 721.26 binding on the board. The boardshallmust inform each pupil 721.27 and parent at the time of enrolling of a parent's right to 721.28 appeal a board action affecting the pupil's academic program. 721.29 Sec. 4. Minnesota Statutes 1996, section 129C.10, 721.30 subdivision 4, is amended to read: 721.31 Subd. 4. [EMPLOYEES.] (a)(1) The boardshallmust appoint 721.32 a director of the center for arts education who shall serve in 721.33 the unclassified service. 721.34 (2) The boardshallmust employ, upon recommendation of the 721.35 director, a coordinator of resource programs who shall serve in 721.36 the unclassified service. 722.1 (3) The boardshallmust employ, upon recommendation of the 722.2 director, up to six department chairs who shall serve in the 722.3 unclassified service. The chairs shall be licensed teachers 722.4 unless no licensure exists for the subject area or discipline 722.5 for which the chair is hired. 722.6 (4) The board may employ other necessary employees, upon 722.7 recommendation of the director. 722.8 (5) The boardshallmust employ, upon recommendation of the 722.9 director, an executive secretary for the director, who shall 722.10 serve in the unclassified service. 722.11 (b) The employees hired under this subdivision and other 722.12 necessary employees hired by the board shall be state employees 722.13 in the executive branch. 722.14 Sec. 5. Minnesota Statutes 1996, section 129C.10, 722.15 subdivision 6, is amended to read: 722.16 Subd. 6. [PUBLIC POST-SECONDARY INSTITUTIONS; PROVIDING 722.17 SPACE.] Public post-secondary institutionsshallmust provide 722.18 space for programs offered by the Lola and Rudy Perpich 722.19 Minnesota center for arts education at no cost or reasonable 722.20 cost to the center to the extent that space is available at the 722.21 public post-secondary institutions. 722.22 Sec. 6. Minnesota Statutes 1996, section 129C.15, is 722.23 amended to read: 722.24 129C.15 [RESOURCE, MAGNET, AND OUTREACH PROGRAMS.] 722.25 Subdivision 1. [RESOURCE AND OUTREACH.] The center 722.26shallmust offer resource and outreach programs and services 722.27 statewide aimed at the enhancement of arts education 722.28 opportunities for pupils in elementary and secondary school. 722.29 The programs and servicesshallmust include: 722.30 (1) developing and demonstrating exemplary curriculum, 722.31 instructional practices, and assessment; 722.32 (2) disseminating information; and 722.33 (3) providing programs for pupils and teachers that develop 722.34 technical and creative skills in art forms that are 722.35 underrepresented and in geographic regions that are underserved. 722.36 Subd. 2. [MAGNET PROGRAMS.] The centershallmust identify 723.1 at least one school district in each congressional district with 723.2 interest and the potential to offer magnet arts programs using 723.3 the curriculum developed by the Lola and Rudy Perpich Minnesota 723.4 center for arts education. 723.5 Subd. 3. [CENTER RESPONSIBILITIES.] The centershallmust: 723.6 (1) provide information and technical services to arts 723.7 teachers, professional arts organizations, school districts, and 723.8 the department of children, families, and learning; 723.9 (2) gather and conduct research in arts education; 723.10 (3) design and promote arts education opportunities for all 723.11 Minnesota pupils in elementary and secondary schools; and 723.12 (4) serve as liaison for the department of children, 723.13 families, and learning to national organizations for arts 723.14 education. 723.15 Sec. 7. [129C.20] [MATERIALS, TRAINING, AND ASSISTANCE.] 723.16 The Lola and Rudy Perpich Minnesota center for arts 723.17 education, in cooperation with the Minnesota alliance for arts 723.18 in education and the Minnesota state arts board must provide 723.19 materials, training, and assistance to the arts education 723.20 committees in the school districts. The center may contract 723.21 with the Minnesota alliance for arts in education for its 723.22 involvement in providing services, including staff assistance, 723.23 to the program. 723.24 ARTICLE 11 723.25 REPEALERS 723.26 Section 1. [REPEALER.] 723.27 (a) Minnesota Statutes 1996, sections 124.01; 124.06; 723.28 124.07; 124.078; 124.079; 124.08; 124.09; 124.10; 124.12; 723.29 124.14; 124.15; 124.155; 124.17; 124.175; 124.177; 124.18; 723.30 124.19; 124.193; 124.195; 124.196; 124.2131; 124.2134; 124.2139; 723.31 124.214; 124.223; 124.225; 124.226; 124.227; 124.239; 124.242; 723.32 124.2442; 124.2445; 124.245; 124.2455; 124.248; 124.255; 124.26; 723.33 124.2601; 124.2605; 124.261; 124.2613; 124.2615; 124.2711; 723.34 124.2712; 124.2713; 124.2714; 124.2715; 124.2716; 124.2725; 723.35 124.2726; 124.2727; 124.2728; 124.273; 124.276; 124.278; 723.36 124.311; 124.312; 124.313; 124.314; 124.32; 124.3201; 124.3202; 724.1 124.321; 124.322; 124.323; 124.35; 124.36; 124.37; 124.38; 724.2 124.381; 124.39; 124.40; 124.41; 124.42; 124.431; 124.44; 724.3 124.45; 124.46; 124.472; 124.473; 124.474; 124.476; 124.477; 724.4 124.478; 124.479; 124.48; 124.481; 124.491; 124.492; 124.493; 724.5 124.494; 124.4945; 124.4946; 124.495; 124.511; 124.573; 124.574; 724.6 124.625; 124.63; 124.646; 124.6462; 124.6469; 124.647; 124.6471; 724.7 124.6472; 124.648; 124.71; 124.72; 124.73; 124.74; 124.75; 724.8 124.755; 124.76; 124.82; 124.829; 124.83; 124.84; 124.85; 724.9 124.86; 124.90; 124.91; 124.912; 124.914; 124.916; 124.918; 724.10 124.95; 124.961; and 124.97, are repealed. 724.11 (b) Minnesota Statutes 1996, sections 124A.02; 124A.029; 724.12 124A.03; 124A.0311; 124A.032; 124A.034; 124A.035; 124A.036; 724.13 124A.04; 124A.22; 124A.225; 124A.23; 124A.24; 124A.26; 124A.28; 724.14 124A.29; 124A.291; 124A.292; 124A.30; 124A.31; 124A.697; 724.15 124A.698; 124A.70; 124A.71; 124A.711; 124A.72; and 124A.73, are 724.16 repealed. 724.17 (c) Minnesota Statutes 1996, sections 124C.07; 124C.08; 724.18 124C.09; 124C.10; 124C.11; 124C.12; 124C.41; 124C.45; 124C.46; 724.19 124C.47; 124C.48; 124C.49; 124C.498; 124C.55; 124C.56; 124C.57; 724.20 124C.58; 124C.60; 124C.71; 124C.72; 124C.73 124C.74; and 724.21 124C.77, are repealed. 724.22 (d) Minnesota Statutes 1996, sections 126A.01; and 126A.06, 724.23 are repealed. 724.24 (e) Minnesota Statutes 1996, sections 126B.01; 126B.03; 724.25 126B.06; and 126B.10, are repealed. 724.26 (f) Minnesota Statutes 1996, sections 127.01; 127.02; 724.27 127.03; 127.04; 127.05; 127.06; 127.08; 127.09; 127.10; 127.11; 724.28 127.12; 127.13; 127.15; 127.16; 127.17; 127.19; 127.20; 127.21; 724.29 127.23; 127.25; 127.26; 127.27; 127.28; 127.281; 127.282; 724.30 127.29; 127.30; 127.31; 127.311; 127.32; 127.33; 127.34; 127.35; 724.31 127.36; 127.37; 127.38; 127.39; 127.40; 127.41; 127.411; 724.32 127.412; 127.413; 127.42; 127.43; 127.44; 127.45; 127.455; 724.33 127.46; 127.47; and 127.48, are repealed. 724.34 Sec. 2. [REVISOR INSTRUCTION.] 724.35 (a) If a provision of a section of Minnesota Statutes 724.36 amended by this act is amended by the 1997 regular session, the 725.1 revisor shall codify the amendment consistent with the 725.2 recodification of the affected section by this act, 725.3 notwithstanding any law to the contrary. 725.4 (b) In the next and subsequent editions of Minnesota 725.5 Statutes, the revisor shall correct all cross-references to 725.6 sections renumbered, recodified, or repealed by this act. 725.7 Sec. 3. [EFFECTIVE DATE.] 725.8 This act is effective August 1, 2000.