2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 01/14/2000 | |
1st Engrossment | Posted on 02/15/2000 | |
2nd Engrossment | Posted on 02/21/2000 |
1.1 A bill for an act 1.2 relating to education; repealing, modifying, and 1.3 expanding certain provisions of the kindergarten 1.4 through grade 12 education code; amending Minnesota 1.5 Statutes 1998, sections 120A.05, by adding a 1.6 subdivision; 120A.22, subdivision 1; 120B.11, 1.7 subdivisions 2 and 5; 120B.22, subdivision 1; 120B.23, 1.8 subdivision 2; 121A.06; 121A.15; 121A.34; 121A.55; 1.9 121A.69, subdivision 3; 122A.09, subdivision 6; 1.10 122A.15; 122A.162; 122A.22; 122A.40, subdivision 8; 1.11 122A.41, subdivision 5; 122A.68, subdivisions 1 and 7; 1.12 122A.69; 122A.70, subdivision 2; 122A.91; 122A.92; 1.13 123B.02, subdivision 1; 123B.04, subdivisions 2 and 5; 1.14 123B.143, subdivision 1; 123B.147, as amended; 1.15 123B.49, subdivision 1; 123B.51, subdivisions 1 and 5; 1.16 123B.83, subdivision 1; 123B.90, subdivision 1; 1.17 124D.02, subdivision 1; 124D.03, subdivision 3; 1.18 124D.09, subdivisions 5, 6, and 7; 124D.10, 1.19 subdivisions 1 and 19; 124D.115, subdivision 3; 1.20 124D.118, subdivisions 2 and 3; 124D.128, subdivision 1.21 1; 124D.34, subdivision 4; 124D.35; 124D.37; 124D.40, 1.22 subdivision 2; 124D.41; 124D.42, subdivision 7; 1.23 124D.46, subdivision 1; 124D.47, subdivision 2; 1.24 124D.49, subdivision 3; 124D.50, subdivisions 2 and 3; 1.25 124D.65, subdivision 6; 124D.892; 124D.94, subdivision 1.26 4; 125B.05, as amended; 126C.31; 127A.05, subdivision 1.27 3; 127A.06; and 127A.41, subdivision 7; Minnesota 1.28 Statutes 1999 Supplement, sections 122A.40, 1.29 subdivision 5; 122A.58, subdivision 1; 122A.60, 1.30 subdivision 1; 123A.06, subdivision 1; 123B.36, 1.31 subdivision 1; 123B.43; 123B.49, subdivision 4; 1.32 123B.90, subdivision 2; 123B.91, subdivision 1; 1.33 124D.10, subdivisions 6 and 15; 124D.121; 124D.126, 1.34 subdivision 1; 124D.94, subdivision 2; 125B.20; 1.35 126C.05, subdivision 1; 127A.05, subdivision 1; and 1.36 129C.10, subdivision 3; repealing Minnesota Statutes 1.37 1998, sections 121A.03, subdivision 3; 121A.16; 1.38 121A.70; 122A.163; 122A.19, subdivision 2; 122A.32; 1.39 122A.40, subdivision 6; 122A.41, subdivision 3; 1.40 122A.49, subdivisions 1, 2, and 4; 122A.52; 122A.53; 1.41 122A.71; 122A.72, subdivisions 1, 2, 3, and 5; 1.42 122A.75; 123A.15, subdivision 1; 123A.35; 123A.36, 1.43 subdivisions 3, 4, 5, 6, 7, 8, 9, 10, and 11; 123A.37; 1.44 123A.38; 123A.39, subdivisions 1, 2, and 4; 123A.40; 1.45 123A.41, subdivisions 1 and 4; 123A.43; 123B.02, 1.46 subdivisions 5, 10, and 13; 123B.11; 123B.15; 123B.16; 2.1 123B.17; 123B.18; 123B.19; 123B.744; 123B.93; 123B.95, 2.2 subdivision 3; 124D.02, subdivision 4; 124D.06; 2.3 124D.07; 124D.081, subdivision 1; 124D.118, 2.4 subdivision 1; 124D.124; 124D.125; subdivisions 1, 2, 2.5 4, and 5; 124D.30; 124D.47, subdivision 1; 124D.68, 2.6 subdivision 8; 124D.91; 124D.92; 124D.93, subdivisions 2.7 2, 3, and 6; 125B.02; and 127A.41, subdivision 4; 2.8 Minnesota Statutes 1999 Supplement, sections 122A.72, 2.9 subdivision 4; 123A.36, subdivisions 1 and 2; 123B.02, 2.10 subdivision 9; 124D.122; 124D.127; and 124D.93, 2.11 subdivisions 1, 4, and 5; Minnesota Rules, parts 2.12 3505.4300; 3520.0400; 3530.2610; 3530.2612; 3530.2614; 2.13 3530.2616; 3530.2618; 3530.2620; 3530.2622; 3530.2624; 2.14 3530.2626; 3530.2628; 3530.2630; 3530.2632; 3530.2634; 2.15 3530.2636; 3530.2638; 3530.2640; 3530.2642; 3530.2644; 2.16 3545.0600; 3545.0700; 3545.0800; 3545.0900; and 2.17 3550.0100. 2.18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.19 ARTICLE 1 2.20 EDUCATION CODE; COMPULSORY ATTENDANCE 2.21 Section 1. Minnesota Statutes 1998, section 120A.05, is 2.22 amended by adding a subdivision to read: 2.23 Subd. 3a. [CHARTER SCHOOL.] "Charter school" means a 2.24 public school formed according to section 124D.10. 2.25 Sec. 2. Minnesota Statutes 1998, section 120A.22, 2.26 subdivision 1, is amended to read: 2.27 Subdivision 1. [PARENTAL RESPONSIBILITY.] The parent of a 2.28 child is primarily responsible for assuring that the child 2.29 acquires knowledge and skills that are essential for effective 2.30 citizenship and that the child is enrolled in school under 2.31 section 120A.22, subdivision 4. 2.32 Sec. 3. [EFFECTIVE DATE.] 2.33 Sections 1 and 2 are effective for the 2000-2001 school 2.34 year and later. 2.35 ARTICLE 2 2.36 CURRICULUM AND ASSESSMENT 2.37 Section 1. Minnesota Statutes 1998, section 120B.11, 2.38 subdivision 2, is amended to read: 2.39 Subd. 2. [ADOPTING POLICIES.] (a) A school board shall 2.40 adopt annually a written policy that includes the following: 2.41 (1) district goals for instruction and curriculum; 2.42 (2) a process for evaluating each student's progress toward 2.43 meeting graduation standards and identifying the strengths and 2.44 weaknesses of instruction and curriculum affecting students' 3.1 progress; 3.2 (3) a system for periodically reviewing all instruction and 3.4 curriculum; and 3.5 (4) a plan for improving instruction and curriculum; and3.6(5) an instruction plan that includes education3.7effectiveness processes developed under section 122A.625 and3.8integrates instruction, curriculum, and technology. 3.9 Sec. 2. Minnesota Statutes 1998, section 120B.11, 3.10 subdivision 5, is amended to read: 3.11 Subd. 5. [REPORT.] (a) By October 1 of each year, the 3.12 school board shall use standard statewide reporting procedures 3.13 the commissioner develops and adopt a report that includes the 3.14 following: 3.15 (1) student performance goals for meeting state graduation 3.16 standards adopted for that year; 3.17 (2) results of local assessment data, and any additional 3.18 test data; 3.19 (3) the annual school district improvement plans; 3.20 (4) information about district and learning site progress 3.21 in realizing previously adopted improvement plans; and 3.22 (5) the amount and type of revenue attributed to each 3.23 education site as defined in section 123B.04, subdivision 2. 3.24 (b) The school board shall publish the report in the local 3.25 newspaper with the largest circulation in the district or by 3.26 mail. The board shall make a copy of the report available to 3.27 the public for inspection. The board shall send a copy of the 3.28 report to the commissioner of children, families, and learning 3.29 by October 15 of each year. 3.30 (c) The title of the report shall contain the name and 3.31 number of the school district and read "Annual Report on 3.32 Curriculum, Instruction, and Student Performance."The report3.33must include at least the following information about advisory3.34committee membership:3.35(1) the name of each committee member and the date when3.36that member's term expires;3.37(2) the method and criteria the school board uses to select4.1committee members; and4.2(3) the date by which a community resident must apply to4.3next serve on the committee.4.4 Sec. 3. Minnesota Statutes 1998, section 120B.22, 4.5 subdivision 1, is amended to read: 4.6 Subdivision 1. [VIOLENCE PREVENTION CURRICULUM.](a)The 4.7 commissioner of children, families, and learning, in 4.8 consultation with the commissioners of health and human 4.9 services, state minority councils, battered women's programs, 4.10 sexual assault centers, representatives of religious 4.11 communities, and the assistant commissioner of the office of 4.12 drug policy and violence prevention, shall assist districts on 4.13 request in developing or implementing a violence prevention 4.14 program for students in kindergarten to grade 12 that can be 4.15 integrated into existing curriculum.The purpose of the program4.16is to help students learn how to resolve conflicts within their4.17families and communities in nonviolent, effective ways.4.18(b) Each district is encouraged to integrate into its4.19existing curriculum a program for violence prevention that4.20includes at least:4.21(1) a comprehensive, accurate, and age appropriate4.22curriculum on violence prevention, nonviolent conflict4.23resolution, sexual, racial, and cultural harassment, and student4.24hazing that promotes equality, respect, understanding, effective4.25communication, individual responsibility, thoughtful decision4.26making, positive conflict resolution, useful coping skills,4.27critical thinking, listening and watching skills, and personal4.28safety;4.29(2) planning materials, guidelines, and other accurate4.30information on preventing physical and emotional violence,4.31identifying and reducing the incidence of sexual, racial, and4.32cultural harassment, and reducing child abuse and neglect;4.33(3) a special parent education component of early childhood4.34family education programs to prevent child abuse and neglect and4.35to promote positive parenting skills, giving priority to4.36services and outreach programs for at-risk families;5.1(4) involvement of parents and other community members,5.2including the clergy, business representatives, civic leaders,5.3local elected officials, law enforcement officials, and the5.4county attorney;5.5(5) collaboration with local community services, agencies,5.6and organizations that assist in violence intervention or5.7prevention, including family-based services, crisis services,5.8life management skills services, case coordination services,5.9mental health services, and early intervention services;5.10(6) collaboration among districts and service cooperatives;5.11(7) targeting early adolescents for prevention efforts,5.12especially early adolescents whose personal circumstances may5.13lead to violent or harassing behavior;5.14(8) opportunities for teachers to receive in-service5.15training or attend other programs on strategies or curriculum5.16designed to assist students in intervening in or preventing5.17violence in school and at home; and5.18(9) administrative policies that reflect, and a staff that5.19models, nonviolent behaviors that do not display or condone5.20sexual, racial, or cultural harassment or student hazing.5.21(c) The department may provide assistance at a neutral site5.22to a nonpublic school participating in a district's program.5.23 Sec. 4. Minnesota Statutes 1998, section 120B.23, 5.24 subdivision 2, is amended to read: 5.25 Subd. 2. [GRANT APPLICATION.] To be eligible to receive a 5.26 grant, a school district, an education district, a service 5.27 cooperative, or a group of districts that cooperate for a 5.28 particular purpose must submit an application to the 5.29 commissioner in the form and manner and according to the 5.30 timeline established by the commissioner. The application must 5.31 describe how the applicant will: (1) continue or integrate into 5.32 its existing K-12 curriculum a program for violence prevention 5.33that contains the program components listed in section 120B.22; 5.34 (2) collaborate with local organizations involved in violence 5.35 prevention and intervention; and (3) structure the program to 5.36 reflect the characteristics of the children, their families and 6.1 the community involved in the program. The commissioner may 6.2 require additional information from the applicant. When 6.3 reviewing the applications, the commissioner shall determine 6.4 whether the applicant has met the requirements of this 6.5 subdivision. 6.6 Sec. 5. [EFFECTIVE DATE.] 6.7 Sections 1 to 4 are effective for the 2000-2001 school year 6.8 and later. 6.9 ARTICLE 3 6.10 STUDENT RIGHTS, RESPONSIBILITIES, AND BEHAVIOR 6.11 Section 1. Minnesota Statutes 1998, section 121A.06, is 6.12 amended to read: 6.13 121A.06 [REPORTS OF DANGEROUS WEAPON INCIDENTS IN SCHOOL 6.14 ZONES.] 6.15 Subdivision 1. [DEFINITIONS.] As used in this section: 6.16 (1) "dangerous weapon" has the meaning given it in section 6.17 609.02, subdivision 6; 6.18 (2) "school" has the meaning given it in section 120A.22, 6.19 subdivision 4; and 6.20 (3) "school zone" has the meaning given it in section 6.21 152.01, subdivision 14a, clauses (1) and (3). 6.22 Subd. 2. [REPORTS; CONTENT.]By January 1, 1994,The 6.23 commissioner, in consultation with the criminal and juvenile 6.24 information policy group, shalldevelopmaintain a standardized 6.25 form to be used by schools to report incidents involving the use 6.26 or possession of a dangerous weapon in school zones. The form 6.27 shall include the following information: 6.28 (1) a description of each incident, including a description 6.29 of the dangerous weapon involved in the incident; 6.30 (2) where, at what time, and under what circumstances the 6.31 incident occurred; 6.32 (3) information about the offender, other than the 6.33 offender's name, including the offender's age; whether the 6.34 offender was a student and, if so, where the offender attended 6.35 school; and whether the offender was under school expulsion or 6.36 suspension at the time of the incident; 7.1 (4) information about the victim other than the victim's 7.2 name, if any, including the victim's age; whether the victim was 7.3 a student and, if so, where the victim attended school; and if 7.4 the victim was not a student, whether the victim was employed at 7.5 the school; 7.6 (5) the cost of the incident to the school and to the 7.7 victim; and 7.8 (6) the action taken by the school administration to 7.9 respond to the incident. 7.10 The commissioner also shall develop an alternative 7.11 reporting format that allows school districts to provide 7.12 aggregate data, with an option to use computer technology to 7.13 report the data. 7.14 Subd. 3. [REPORTS; FILING REQUIREMENTS.] ByFebruary 1 and7.15 July 1 of each year, each school shall report incidents 7.16 involving the use or possession of a dangerous weapon in school 7.17 zones to the commissioner. The reports must be made on the 7.18 standardized forms or using the alternative format developed by 7.19 the commissioner under subdivision 2. The commissioner shall 7.20 compile the information it receives from the schools and report 7.21 it annually to the commissioner of public safety, the criminal 7.22 and juvenile information policy group, and the legislature. 7.23 Sec. 2. Minnesota Statutes 1998, section 121A.15, is 7.24 amended to read: 7.25 121A.15 [HEALTH STANDARDS; IMMUNIZATIONS; SCHOOL CHILDREN.] 7.26 Subdivision 1. [IMMUNIZATION REQUIREMENT.] Except as 7.27 provided in subdivisions 3, 4, and 10, no person over two months 7.28 old may be allowed to enroll or remain enrolled in any 7.29 elementary or secondary school or child care facility in this 7.30 state until the person has submitted to the administratoror7.31other person having general control and supervision of the7.32school or child care facility,one of the following statements: 7.33 (1) a statement froma physician or a public clinic which7.34provides immunizationsan immunization provider stating that the 7.35 person has received immunization, consistent with medically 7.36 acceptable standards, against measles after having attained the 8.1 age of 12 months, rubella, diphtheria, tetanus, pertussis, 8.2 polio, mumps, haemophilus influenza type b, and hepatitis B; or 8.3 (2) a statement froma physician or a public clinic which8.4provides immunizationsan immunization provider stating that the 8.5 person has received immunizations, consistent with medically 8.6 acceptable standards, against measles after having attained the 8.7 age of 12 months, rubella, mumps, and haemophilus influenza type 8.8 b and that the person has commenced a schedule of immunizations 8.9 for diphtheria, tetanus, pertussis, polio, and hepatitis B and 8.10 which indicates the month and year of each immunization received. 8.11 Subd. 2. [SCHEDULE OF IMMUNIZATIONS.] No person who has 8.12 commenced a treatment schedule of immunization pursuant to 8.13 subdivision 1, clause (2), may remain enrolled in any child care 8.14 facility, elementary, or secondary school in this state after 18 8.15 months of enrollment unless there is submitted to the 8.16 administrator, or other person having general control and8.17supervision of the school or child care facility,a statement 8.18 froma physician or a public clinic which provides immunizations8.19 an immunization provider that the person has completed the 8.20 primary schedule of immunizations for diphtheria, tetanus, 8.21 pertussis, polio, and hepatitis B. The statement must include 8.22 the month and year of each additional immunization received. 8.23 For a child less than seven years of age, a primary schedule of 8.24 immunizations shall consist of four doses of vaccine for 8.25 diphtheria, tetanus, and pertussis and three doses of vaccine 8.26 for poliomyelitis and hepatitis B. For a child seven years of 8.27 age or older, a primary schedule of immunizations shall consist 8.28 of three doses of vaccine for diphtheria, tetanus, polio, and 8.29 hepatitis B as specified in subdivision 10. 8.30 Subd. 3. [EXEMPTIONS FROM IMMUNIZATIONS.] (a) If a person 8.31 is at least seven years old and has not been immunized against 8.32 pertussis, the person must not be required to be immunized 8.33 against pertussis. 8.34 (b) If a person is at least 18 years old and has not 8.35 completed a series of immunizations against poliomyelitis, the 8.36 person must not be required to be immunized against 9.1 poliomyelitis. 9.2 (c) If a statement, signed by a physician, is submitted to 9.3 the administratoror other person having general control and9.4supervision of the school or child care facilitystating that an 9.5 immunization is contraindicated for medical reasons or that 9.6 laboratory confirmation of the presence of adequate immunity 9.7 exists, the immunization specified in the statement need not be 9.8 required. 9.9 (d) If a notarized statement signed by the minor child's 9.10 parent or guardian or by the emancipated person is submitted to 9.11 the administratoror other person having general control and9.12supervision of the school or child care facilitystating that 9.13 the person has not been immunized as prescribed in subdivision 1 9.14 because of the conscientiously held beliefs of the parent or 9.15 guardian of the minor child or of the emancipated person, the 9.16 immunizations specified in the statement shall not be required. 9.17 This statement must also be forwarded to the commissioner of the 9.18 department of health. 9.19 (e) If the person is under 15 months, the person is not 9.20 required to be immunized against measles, rubella, or mumps. 9.21 (f) If a person is at least five years old and has not been 9.22 immunized against haemophilus influenza type b, the person is 9.23 not required to be immunized against haemophilus influenza type 9.24 b. 9.25 Subd. 4. [SUBSTITUTE IMMUNIZATION STATEMENT.] (a) A person 9.26 who is enrolling or enrolled in an elementary or secondary 9.27 school or child care facility may substitute a statement from 9.28 the emancipated person or a parent or guardian if the person is 9.29 a minor child in lieu of the statement froma physician or9.30public clinic which provides immunizationsan immunization 9.31 provider. If the statement is from a parent or guardian or 9.32 emancipated person, the statement must indicate the month and 9.33 year of each immunization given. 9.34 (b) In order for the statement to be acceptable for a 9.35 person who is enrolling in an elementary school and who is six 9.36 years of age or younger, it must indicate that the following was 10.1 given: no less than one dose of vaccine each for measles, 10.2 mumps, and rubellagiven separately or in combination; no less 10.3 than four doses of vaccine for poliomyelitis, unless the third 10.4 dose was given after the fourth birthday, then three doses are 10.5 minimum; no less than five doses of vaccine for diphtheria, 10.6 tetanus, and pertussis, unless the fourth dose was given after 10.7 the fourth birthday, then four doses are minimum; and no less 10.8 than three doses of vaccine for hepatitis B as specified in 10.9 subdivision 10. 10.10 (c) In order for the statement to be consistent with 10.11 subdivision 10 and acceptable for a person who is enrolling in 10.12 an elementary or secondary school and is age seven through age 10.13 19, the statement must indicate that the person has received no 10.14 less than one dose of vaccine each for measles, mumps, and 10.15 rubellagiven separately or in combination, and no less than 10.16 three doses of vaccine for poliomyelitis, diphtheria, tetanus, 10.17 and hepatitis B. 10.18 (d) In order for the statement to be acceptable for a 10.19 person who is enrolling in a secondary school, and who was born 10.20 after 1956 and is 20 years of age or older, the statement must 10.21 indicate that the person has received no less than one dose of 10.22 vaccine each for measles, mumps, and rubellagiven separately or10.23in combination, and no less than one dose of vaccine for 10.24 diphtheria and tetanus within the preceding ten years. 10.25 (e) In order for the statement to be acceptable for a 10.26 person who is enrolling in a child care facility and who is at 10.27 least 15 months old but who has not reached five years of age, 10.28 it must indicate that the following were given: no less than 10.29 one dose of vaccine each for measles, mumps, and rubellagiven10.30separately or in combination; no less than one dose of vaccine 10.31 for haemophilus influenza type b; no less than four doses of 10.32 vaccine for diphtheria, tetanus, and pertussis; and no less than 10.33 three doses of vaccine for poliomyelitis. 10.34 (f) In order for the statement to be acceptable for a 10.35 person who is enrolling in a child care facility and who is five 10.36 or six years of age, it must indicate that the following was 11.1 given: no less than one dose of vaccine each for measles, 11.2 mumps, and rubellagiven separately or in combination; no less 11.3 than four doses of vaccine for diphtheria, tetanus, and 11.4 pertussis; and no less than three doses of vaccine for 11.5 poliomyelitis. 11.6 (g) In order for the statement to be acceptable for a 11.7 person who is enrolling in a child care facility and who is 11.8 seven years of age or older, the statement must indicate that 11.9 the person has received no less than one dose of vaccine each 11.10 for measles, mumps, and rubellagiven separately or in11.11combinationand consistent with subdivision 10, and no less than 11.12 three doses of vaccine for poliomyelitis, diphtheria, and 11.13 tetanus. 11.14 (h) The commissioner of health, on finding that any of the 11.15 above requirements are not necessary to protect the public's 11.16 health, may suspend for one year that requirement. 11.17 Subd. 5. [TRANSFER OF IMMUNIZATION STATEMENTS.] If a 11.18 person transfers from one elementary or secondary school to 11.19 another, the school board of a public school district or the 11.20 administrator of a nonpublic school may allow the person up to a 11.21 maximum of 30 days to submit one or more of the statements as 11.22 specified in subdivision 1 or 3, during which time the person 11.23 may enroll in and attend the school. If a person enrolls in a 11.24 child care facility in which at least 75 percent of children in 11.25 the facility participate on a one-time only or occasional basis 11.26 to a maximum of 45 hours per child, per month, or is placed in a 11.27 facility by a crisis nursery, the person shall be exempt from 11.28 all requirements of this section for up to five consecutive 11.29 days, starting from the first day of attendance. 11.30 Subd. 6. [SUSPENSION OF IMMUNIZATION REQUIREMENT.] The 11.31 commissioner of health, on finding that an immunization required 11.32 pursuant to this section is not necessary to protect the 11.33 public's health, may suspend for one year the requirement that 11.34 children receive that immunization. 11.35 Subd. 7. [FILE ON IMMUNIZATION RECORDS.] Each school or 11.36 child care facility shall maintain on file immunization records 12.1 for all persons in attendance that contain the information 12.2 required by subdivisions 1, 2, and 3. The school shall maintain 12.3 the records for at least five years after the person attains the 12.4 age of majority. The department of health and the board of 12.5 health, as defined in section 145A.02, subdivision 2, in whose 12.6 jurisdiction the school or child care facility is located, shall 12.7 have access to the files maintained pursuant to this 12.8 subdivision. When a person transfers to another elementary or 12.9 secondary school or child care facility, the administratoror12.10other person having general control and supervision of the12.11school or child care facilityshall assist the person's parent 12.12 or guardian in the transfer of the immunization file to the 12.13 person's new school or child care facility within 30 days of the 12.14 transfer. Upon the request of a public or private 12.15 post-secondary educational institution, as defined in section 12.16 135A.14, the administratoror other person having general12.17control or supervision of a schoolshall assist in the transfer 12.18 of a student's immunization file to the post-secondary 12.19 institution. 12.20 Subd. 8. [REPORT.] The administratoror other person12.21having general control and supervision of the elementary or12.22secondary schoolshall file a report with the commissioner on 12.23 all persons enrolled in the school. The superintendent of each 12.24 district shall file a report with the commissioner for all 12.25 persons within the district receiving instruction in a home 12.26 school in compliance with sections 120A.22 and 120A.24. The 12.27 parent of persons receiving instruction in a home school shall 12.28 submit the statements as required by subdivisions 1, 2, 3, and 4 12.29 to the superintendent of the district in which the person 12.30 resides by October 1 of each school year. The school report 12.31 must be prepared on forms developed jointly by the commissioner 12.32 of health and the commissioner of children, families, and 12.33 learning and be distributed to the local districts by the 12.34 commissioner of health. The school report must state the number 12.35 of persons attending the school, the number of persons who have 12.36 not been immunized according to subdivision 1 or 2, and the 13.1 number of persons who received an exemption under subdivision 3, 13.2 clause (c) or (d). The school report must be filed with the 13.3 commissioner of children, families, and learning within 60 days 13.4 of the commencement of each new school term. Upon request, a 13.5 district must be given a 60-day extension for filing the school 13.6 report. The commissioner of children, families, and learning 13.7 shall forward the report, or a copy thereof, to the commissioner 13.8 of health who shall provide summary reports to boards of health 13.9 as defined in section 145A.02, subdivision 2. The administrator 13.10or other person having general control and supervision of the13.11child care facilityshall file a report with the commissioner of 13.12 human services on all persons enrolled in the child care 13.13 facility. The child care facility report must be prepared on 13.14 forms developed jointly by the commissioner of health and the 13.15 commissioner of human services and be distributed to child care 13.16 facilities by the commissioner of health. The child care 13.17 facility report must state the number of persons enrolled in the 13.18 facility, the number of persons with no immunizations, the 13.19 number of persons who received an exemption under subdivision 3, 13.20 clause (c) or (d), and the number of persons with partial or 13.21 full immunization histories. The child care facility report 13.22 must be filed with the commissioner of human services by 13.23 November 1 of each year. The commissioner of human services 13.24 shall forward the report, or a copy thereof, to the commissioner 13.25 of health who shall provide summary reports to boards of health 13.26 as defined in section 145A.02, subdivision 2. The report 13.27 required by this subdivision is not required of a family child 13.28 care or group family child care facility, for prekindergarten 13.29 children enrolled in any elementary or secondary school provided 13.30 services according to sections 125A.05 and 125A.06, nor for 13.31 child care facilities in which at least 75 percent of children 13.32 in the facility participate on a one-time only or occasional 13.33 basis to a maximum of 45 hours per child, per month. 13.34 Subd. 9. [DEFINITIONS.] As used in this section the 13.35 following terms have the meanings given them. 13.36 (a) "Elementary or secondary school" includes any public 14.1 school as defined in section 120A.05, subdivisions 9, 11, 13, 14.2 and 17, or nonpublic school, church, or religious organization, 14.3 or home school in which a child is provided instruction in 14.4 compliance with sections 120A.22 and 120A.24. 14.5 (b) "Person enrolled in any elementary or secondary school" 14.6 means a person born after 1956 and enrolled in grades 14.7 kindergarten through 12, and a child with a disability receiving 14.8 special instruction and services as required insectionssection 14.9 125A.03to 125A.24 and 125A.65, excluding a child being provided 14.10 services according to section 125A.05, paragraph(c), or14.11125A.06, paragraph (d)(a), clause (3) or (7). 14.12 (c) "Child care facility" includes those child care 14.13 programs subject to licensure under chapter 245A, and Minnesota 14.14 Rules, chapters 9502 and 9503. 14.15 (d) "Family child care" means child care for no more than 14.16 ten children at one time of which no more than six are under 14.17 school age. The licensed capacity must include all children of 14.18 any caregiver when the children are present in the residence. 14.19 (e) "Group family child care" means child care for no more 14.20 than 14 children at any one time. The total number of children 14.21 includes all children of any caregiver when the children are 14.22 present in the residence. 14.23 (f) "Administrator" means any individual having general 14.24 control and supervision of a school or child care facility. 14.25 (g) "Immunization provider" means any physician, health 14.26 care provider, or public clinic that provides immunizations. 14.27 Subd. 10. [REQUIREMENTS FOR IMMUNIZATION STATEMENTS.] A 14.28 statement required to be submitted under subdivisions 1, 2, and 14.29 4 to document evidence of immunization shall include month, day, 14.30 and year for immunizations administered after January 1, 1990. 14.31 (a)For persons enrolled in grades 7 and 12 during the14.321996-1997 school term, the statement must indicate that the14.33person has received a dose of tetanus and diphtheria toxoid no14.34earlier than 11 years of age.14.35(b) Except as specified in paragraph (e), for persons14.36enrolled in grades 7, 8, and 12 during the 1997-1998 school15.1term, the statement must indicate that the person has received a15.2dose of tetanus and diphtheria toxoid no earlier than 11 years15.3of age.15.4(c)Except as specified in paragraph(e)(c), for persons 15.5 enrolled in grades 7 through 12 during the 1998-1999 school term 15.6 and for each year thereafter, the statement must indicate that 15.7 the person has received a dose of tetanus and diphtheria toxoid 15.8 no earlier than 11 years of age. 15.9(d)(b) For persons enrolled in grades 7 through 12during15.10the 1996-1997 school year and for each year thereafter, the 15.11 statement must indicate that the person has received at least 15.12 two doses of vaccine against measles, mumps, and rubella,given15.13alone or separatelyand given not less than one month apart. 15.14(e)(c) A person who has received at least three doses of 15.15 tetanus and diphtheria toxoids, with the most recent dose given 15.16 after age six and before age 11, is not required to have 15.17 additional immunization against diphtheria and tetanus until ten 15.18 years have elapsed from the person's most recent dose of tetanus 15.19 and diphtheria toxoid. 15.20(f)(d) The requirement for hepatitis B vaccination shall 15.21 apply to persons enrolling in kindergarten beginning with the 15.22 2000-2001 school term. 15.23(g)(e) The requirement for hepatitis B vaccination shall 15.24 apply to persons enrolling in grade 7 beginning with the 15.25 2001-2002 school term. 15.26 Subd. 11. [COMMISSIONER OF HUMAN SERVICES; CONTINUED 15.27 RESPONSIBILITIES.] Nothing in this section relieves the 15.28 commissioner of human services of the responsibility, under 15.29 chapter 245A, to inspect and assure that statements required by 15.30 this section are on file at child care programs subject to 15.31 licensure. 15.32 Sec. 3. Minnesota Statutes 1998, section 121A.34, is 15.33 amended to read: 15.34 121A.34 [SCHOOL SAFETY PATROLS.] 15.35 Subdivision 1. [ESTABLISHMENT.]In the exercise of15.36authorized control and supervision over pupils attending schools16.1and other educational institutions, both public and private,The 16.2 governing board or other directing authority of anysuchschool 16.3 or institutionis empowered to authorize the organizationunder 16.4 section 120A.22, subdivision 4, except a home school, may 16.5 organize andsupervision ofsupervise school safety patrolsfor16.6the purpose of influencingto influence andencouraging16.7 encourage other pupils to refrain from crossing public highways 16.8 at points other than regular crossings andfor the purpose of16.9directingto direct pupils when and where to cross highways. 16.10 Subd. 2. [APPOINTMENT OF MEMBERS.]Unless the parents or16.11guardian of a pupil object in writing to the school authorities16.12to the appointment of the pupil on a school safety patrol, it is16.13lawful for anyA pupil over nine yearsof age toold may be 16.14 appointedand designated as a member ofto the patrolin any16.15school in which. If there are no pupilswho have attained such16.16ageat least nine years old, then any pupil in the highest grade 16.17thereinmay besoappointedand designated. The pupil's parent 16.18 or guardian may refuse the appointment in writing to school 16.19 authorities. School authorities may also appoint and designate 16.20 nonpupil adults as members of a school safety patrol on a 16.21 voluntary or for-hire basis. 16.22 Subd. 3. [LIABILITY NOT TO ATTACH.]No liability shall16.23attach either to theA school, educational institution, 16.24 governing board, directing authority, or any individual 16.25 director, board member, superintendent, principal, teacher, or 16.26 other school authority by virtue of the organization, 16.27 maintenance, or operation ofsucha school safety patrol shall 16.28 not be liable because of injuries sustained by any pupil, 16.29 whether a member of the patrol or otherwiseby reason ofdue to 16.30 the operation and maintenance of the patrol. 16.31 Subd. 4. [IDENTIFY, OPERATION.] Identification and 16.32 operation of school safety patrols shall be uniform throughout 16.33 the state and the method of identification and signals to be 16.34 used shall be as prescribed by the commissioner of public 16.35 safety. School safety patrol members may wear fluorescent 16.36 reflective vests. 17.1 Sec. 4. Minnesota Statutes 1998, section 121A.55, is 17.2 amended to read: 17.3 121A.55 [POLICIES TO BE ESTABLISHED.] 17.4 (a) The commissioner of children, families, and learning 17.5 shall promulgate guidelines to assist each school board. Each 17.6 school board shall establish uniform criteria for dismissal and 17.7 adopt written policies and rules to effectuate the purposes of 17.8 sections 121A.40 to 121A.56. The policies shall emphasize 17.9 preventing dismissals through early detection of problems and 17.10 shall be designed to address students' inappropriate behavior 17.11 from recurring. The policies shall recognize the continuing 17.12 responsibility of the school for the education of the pupil 17.13 during the dismissal period. The alternative educational 17.14 services, if the pupil wishes to take advantage of them, must be 17.15 adequate to allow the pupil to make progress towards meeting the 17.16 graduation standards adopted under section 120B.02 and help 17.17 prepare the pupil for readmission. 17.18 (b) An area learning center under section 123A.05 may not 17.19 prohibit an expelled or excluded pupil from enrolling solely 17.20 because a district expelled or excluded the pupil. The board of 17.21 the area learning center may use the provisions of the Pupil 17.22 Fair Dismissal Act to exclude a pupil or to require an admission 17.23 plan. 17.24(c) The commissioner shall actively encourage and assist17.25school districts to cooperatively establish alternative17.26educational services within school buildings or at alternative17.27program sites that offer instruction to pupils who are dismissed17.28from school for willfully engaging in dangerous, disruptive, or17.29violent behavior, including for possessing a firearm in a school17.30zone.17.31 Sec. 5. Minnesota Statutes 1998, section 121A.69, 17.32 subdivision 3, is amended to read: 17.33 Subd. 3. [SCHOOL BOARD POLICY.] Each school board shall 17.34 adopt a written policy governing student or staff hazing. The 17.35 policy must apply to student behavior that occurs on or off 17.36 school property and during and after school hours.The policy18.1must include reporting procedures and disciplinary consequences18.2for violating the policy. Disciplinary consequences must be18.3sufficiently severe to deter violations and appropriately18.4discipline prohibited behavior.Disciplinary consequences must 18.5 conform with sections 121A.41 to 121A.56. Each school must 18.6 include the policy in the student handbook on school policies. 18.7 Sec. 6. [REPEALER.] 18.8 Minnesota Statutes 1998, sections 121A.03, subdivision 3; 18.9 121A.16; and 121A.70, are repealed. 18.10 Sec. 7. [EFFECTIVE DATE.] 18.11 Sections 1 to 6 are effective for the 2000-2001 school year 18.12 and later. 18.13 ARTICLE 4 18.14 TEACHERS AND OTHER EDUCATORS 18.15 Section 1. Minnesota Statutes 1998, section 122A.09, 18.16 subdivision 6, is amended to read: 18.17 Subd. 6. [REGISTER OF PERSONS LICENSED.] The executive 18.18 secretary of the board of teaching shall keep a record of the 18.19 proceedings of and a register of all persons licensed pursuant 18.20 to the provisions of this chapter.The register must show the18.21name, address, license number and the renewal of the license.18.22The board must on July 1, of each year or as soon thereafter as18.23is practicable, compile a list of such duly licensed teachers18.24and transmit a copy of the list to the board.A copy of the 18.25 register must be available during business hours at the office 18.26 of the board to any interested person. 18.27 Sec. 2. Minnesota Statutes 1998, section 122A.15, is 18.28 amended to read: 18.29 122A.15 [TEACHERS, SUPERVISORY AND SUPPORT PERSONNEL, 18.30 DEFINITIONS, LICENSURE.] 18.31 Subdivision 1. [TEACHERS.] The term "teachers" for the 18.32 purpose of licensure, means all persons employed in a public 18.33 school or education district or by a service cooperative as 18.34 members of the instructional, supervisory, and support staff 18.35 including superintendents, principals, supervisors, secondary 18.36 vocational and other classroom teachers, librarians, counselors, 19.1 school psychologists, school nurses, school social workers, 19.2 audio-visual directors and coordinators, recreation personnel, 19.3 media generalists, media supervisors, andspeech therapists19.4 educational speech-language pathologists. 19.5 Subd. 2. [SUPERVISORY PERSONNEL.] "Supervisory personnel" 19.6 for the purpose of licensure means superintendents, principals, 19.7 and professional employees who devote 50 percent or more of 19.8 their time to administrative or supervisory duties over other 19.9 personnel, and includes athletic coaches. 19.10 Sec. 3. Minnesota Statutes 1998, section 122A.162, is 19.11 amended to read: 19.12 122A.162 [LICENSURE RULES.] 19.13 The commissioner may not make, amend, or repeal rules 19.14 relating to licensure of school personnel not licensed by the 19.15 board of teaching unless specifically authorized to do so by 19.16 enacted law. 19.17 Sec. 4. Minnesota Statutes 1998, section 122A.22, is 19.18 amended to read: 19.19 122A.22 [DISTRICT RECORDING OF TEACHER LICENSES.] 19.20 No person shall be accounted a qualified teacher until the 19.21 person has filed either a teaching license for record or a 19.22 certified copy of a teaching license with the district 19.23 superintendent where the person intends to teacha license, or19.24certified copy of a license, authorizing the person to teach19.25school in the district school system. 19.26 Sec. 5. Minnesota Statutes 1999 Supplement, section 19.27 122A.40, subdivision 5, is amended to read: 19.28 Subd. 5. [PROBATIONARY PERIOD.] (a) The first three 19.29 consecutive years of a teacher's first teaching experience in 19.30 Minnesota in a single district is deemed to be a probationary 19.31 period of employment, and after completion thereof, the 19.32 probationary period in each district in which the teacher is 19.33 thereafter employed shall be one year. The school board must 19.34 adopt a plan for written evaluation of teachers during the 19.35 probationary period. Evaluation must occur at least three times 19.36 each year for a teacher performing services on 120 or more 20.1 school days, at least two times each year for a teacher 20.2 performing services on 60 to 119 school days, and at least one 20.3 time each year for a teacher performing services on fewer than 20.4 60 school days. Days devoted to parent-teacher conferences, 20.5 teachers' workshops, and other staff development opportunities 20.6 and days on which a teacher is absent from school must not be 20.7 included in determining the number of school days on which a 20.8 teacher performs services. Except as otherwise provided in 20.9 paragraph (b), during the probationary period any annual 20.10 contract with any teacher may or may not be renewed as the 20.11 school board shall see fit.However,The board must give any 20.12suchprobationary teacher whose contract it declines to renew 20.13 for the following school year written notice to that effect 20.14 before July 1. If the teacher requests reasons for any 20.15 nonrenewal of a teaching contract, the board must give the 20.16 teacher its reason in writing, including a statement that 20.17 appropriate supervision was furnished describing the nature and 20.18 the extent of such supervision furnished the teacher during the 20.19 employment by the board, within ten days after receiving such 20.20 request. The school board may, after a hearing held upon due 20.21 notice, discharge a teacher during the probationary period for 20.22 cause, effective immediately, under section 122A.44. 20.23 (b) A board must discharge a probationary teacher, 20.24 effective immediately, upon receipt of notice under section 20.25 122A.20, subdivision 1, paragraph (b), that the teacher's 20.26 license has been revoked due to a conviction for child abuse or 20.27 sexual abuse. 20.28 Sec. 6. Minnesota Statutes 1998, section 122A.40, 20.29 subdivision 8, is amended to read: 20.30 Subd. 8. [PEER REVIEW FORCONTINUING CONTRACTTEACHERS.] A 20.31 school board and an exclusive representative of the teachers in 20.32 the district shall develop a peer review process for continuing 20.33 contract teachers and probationary teachers through joint 20.34 agreement. 20.35 Sec. 7. Minnesota Statutes 1998, section 122A.41, 20.36 subdivision 5, is amended to read: 21.1 Subd. 5. [PEER REVIEW FORCONTINUING CONTRACTTEACHERS.] A 21.2 school board and an exclusive representative of the teachers in 21.3 the district must develop a peer review process for 21.4 nonprobationary and probationary teachers through joint 21.5 agreement. 21.6 Sec. 8. Minnesota Statutes 1999 Supplement, section 21.7 122A.58, subdivision 1, is amended to read: 21.8 Subdivision 1. [TERMINATION; HEARING.] Before a district 21.9 terminates during the interscholastic sport season the coaching 21.10 duties of an employee who isrequired to hold a license as an21.11athletic coach from the commissioner of children, families, and21.12learningthe head varsity coach of the interscholastic sport at 21.13 the secondary school level, the district must notify the 21.14 employee in writing and state its reason for the proposed 21.15 termination. Within 14 days of receiving this notification, the 21.16 employee may request in writing a hearing on the termination 21.17 before the commissioner. If a hearing is requested, the 21.18 commissioner must hold a hearing within 25 days according to the 21.19 hearing procedures specified in section 122A.40, subdivision 14, 21.20 and the termination is final upon the order of the commissioner 21.21 after the hearing. 21.22 Sec. 9. Minnesota Statutes 1999 Supplement, section 21.23 122A.60, subdivision 1, is amended to read: 21.24 Subdivision 1. [STAFF DEVELOPMENT COMMITTEE.] A school 21.25 board must use the revenue authorized in section 122A.61 for 21.26 in-service education for programs under section 120B.22, 21.27subdivision 2,or for staff development plans under this 21.28 section. The board must establish an advisory staff development 21.29 committee to develop the plan, assist site professional 21.30 development teams in developing a site plan consistent with the 21.31 goals of the plan, and evaluate staff development efforts at the 21.32 site level. A majority of the advisory committee and the site 21.33 professional development team must be teachers representing 21.34 various grade levels, subject areas, and special education. The 21.35 advisory committee must also include nonteaching staff, parents, 21.36 and administrators. Districts must report staff development 22.1 results and expenditures to the commissioner in the form and 22.2 manner determined by the commissioner. The expenditure report 22.3 must include expenditures by the board for district level 22.4 activities and expenditures made by the staff. The report must 22.5 provide a breakdown of expenditures for (1) curriculum 22.6 development and programs, (2) in-service education, workshops, 22.7 and conferences, and (3) the cost of teachers or substitute 22.8 teachers for staff development purposes. Within each of these 22.9 categories, the report must also indicate whether the 22.10 expenditures were incurred at the district level or the school 22.11 site level, and whether the school site expenditures were made 22.12 possible by the grants to school sites that demonstrate 22.13 exemplary use of allocated staff development revenue. These 22.14 expenditures are to be reported using the UFARS system. The 22.15 commissioner shall report the staff development expenditure data 22.16 to the education committees of the legislature by February 15 22.17 each year. 22.18 Sec. 10. Minnesota Statutes 1998, section 122A.68, 22.19 subdivision 1, is amended to read: 22.20 Subdivision 1. [ESTABLISHMENT.] A school district with a 22.21 teaching residency plan approved by the board of teaching may 22.22 hire graduates of approved Minnesota teacher preparation 22.23 programs as teaching residents. A district shall employ each 22.24 resident for one school year. The district and the resident may 22.25 agree to extend the residency for one additional school year. A 22.26 school may employ no more than one teaching resident for every 22.27 eight full-time equivalent licensed teachers.No more than 60022.28eligible teachers may be employed as teacher residents in any22.29one school year.22.30 Sec. 11. Minnesota Statutes 1998, section 122A.68, 22.31 subdivision 7, is amended to read: 22.32 Subd. 7. [RECOMMENDATION FOR LICENSURE REQUIREMENTS.] The 22.33 board of teaching mustdevelopmaintain for teachers of students 22.34 in prekindergarten through grade 12, model teaching residency 22.35 outcomes and assessments, and mentoring programs. 22.36 Sec. 12. Minnesota Statutes 1998, section 122A.69, is 23.1 amended to read: 23.2 122A.69 [PRACTICE ORSTUDENT TEACHERS.] 23.3 The board may, by agreements with teacher preparing 23.4 institutions, arrange for classroom experience in the district 23.5 forpractice orstudent teachers who have completed not less 23.6 than two years of an approved teacher education program.Such23.7practiceStudent teachers must be provided with appropriate 23.8 supervision by a fully qualified teacher under rules promulgated 23.9 by the board.PracticeStudent teachers are deemed employees of 23.10 the school district in which they are rendering services for 23.11 purposes of workers' compensation; liability insurance, if 23.12 provided for other district employees in accordance with section 23.13 123B.23; and legal counsel in accordance with the provisions of 23.14 section 123B.25. 23.15 Sec. 13. Minnesota Statutes 1998, section 122A.70, 23.16 subdivision 2, is amended to read: 23.17 Subd. 2. [APPLICATIONS.] The board of teaching must make 23.18 application forms available to sites interested in developing or 23.19 expanding a mentorship program. A school district, a group of 23.20 school districts, or a coalition of districts, teachers and 23.21 teacher education institutions may apply for a teacher 23.22 mentorship program grant. The board of teaching, in23.23consultation with the teacher mentoring task force,must approve 23.24 or disapprove the applications. To the extent possible, the 23.25 approved applications must reflect effective mentoring 23.26 components, include a variety of coalitions and be 23.27 geographically distributed throughout the state. The board of 23.28 teaching must encourage the selected sites to consider the use 23.29 of its assessment procedures. 23.30 Sec. 14. Minnesota Statutes 1998, section 122A.91, is 23.31 amended to read: 23.32 122A.91 [DESIGNATED STATE OFFICIAL.] 23.33 For the purposes of the agreement set forth in section 23.34 122A.90, the designated state official for this state is the 23.35commissioner of children, families, and learningexecutive 23.36 secretary of the board of teaching. 24.1 Sec. 15. Minnesota Statutes 1998, section 122A.92, is 24.2 amended to read: 24.3 122A.92 [RECORD OF CONTRACTS.] 24.4 Two copies of all contracts made on behalf of this state 24.5 pursuant to the agreement set forth in section 122A.90 must be 24.6 kept on file in the office of thecommissioner of children,24.7families, and learningboard of teaching. 24.8 Sec. 16. [REVISOR INSTRUCTION.] 24.9 In the next and subsequent editions of Minnesota Statutes 24.10 and Minnesota Rules, the revisor of statutes shall renumber 24.11 Minnesota Statutes, section 122A.61, subdivision 2, as Minnesota 24.12 Statutes, section 124D.311. The revisor shall also make 24.13 necessary cross-reference changes consistent with the 24.14 renumbering. 24.15 Sec. 17. [REPEALER.] 24.16 Minnesota Statutes 1998, sections 122A.163; 122A.19, 24.17 subdivision 2; 122A.32; 122A.40, subdivision 6; 122A.41, 24.18 subdivision 3; 122A.49, subdivisions 1, 2, and 4; 122A.52; 24.19 122A.53; 122A.71; 122A.72, subdivisions 1, 2, 3, and 5; and 24.20 122A.75; and Minnesota Statutes 1999 Supplement, section 24.21 122A.72, subdivision 4, are repealed. 24.22 Sec. 18. [EFFECTIVE DATE.] 24.23 Sections 1 to 17 are effective for the 2000-2001 school 24.24 year and later. 24.25 ARTICLE 5 24.26 SCHOOL DISTRICTS; FORMS FOR ORGANIZING 24.27 Section 1. Minnesota Statutes 1999 Supplement, section 24.28 123A.06, subdivision 1, is amended to read: 24.29 Subdivision 1. [PROGRAM FOCUS.](a) The programs and24.30services of a center must focus on academic and learning skills,24.31applied learning opportunities, trade and vocational skills,24.32work-based learning opportunities, work experience, youth24.33service to the community, transition services, and English24.34language and literacy programs for children whose primary24.35language is a language other than English. Applied learning,24.36work-based learning, and service learning may best be developed25.1in collaboration with a local education and transitions25.2partnership, culturally based organizations, mutual assistance25.3associations, or other community resources. In addition to25.4offering programs, the center shall coordinate the use of other25.5available educational services, special education services,25.6social services, health services, and post-secondary25.7institutions in the community and services area.25.8(b)Consistent with the requirements of sections 121A.40 to 25.9 121A.56, a school district may provide an alternative education 25.10 program for a student who is within the compulsory attendance 25.11 age under section 120A.20, and who is involved in severe or 25.12 repeated disciplinary action. 25.13 Sec. 2. [REPEALER.] 25.14 (a) Minnesota Statutes 1998, sections 123A.15, subdivision 25.15 1; 123A.35; 123A.36, subdivisions 3, 4, 5, 6, 7, 8, 9, 10, and 25.16 11; 123A.37; 123A.38; 123A.39, subdivisions 1, 2, and 4; 25.17 123A.40; 123A.41, subdivision 1; and 123A.43; and Minnesota 25.18 Statutes 1999 Supplement, section 123A.36, subdivisions 1 and 2, 25.19 are repealed. 25.20 (b) Minnesota Statutes 1998, section 123A.41, subdivision 25.21 4, is repealed. 25.22 Sec. 3. [EFFECTIVE DATE.] 25.23 Sections 1 and 2, paragraph (a), are effective for the 25.24 2000-2001 school year and later. Section 2, paragraph (b), is 25.25 effective July 1, 2002. 25.26 ARTICLE 6 25.27 SCHOOL DISTRICT POWERS AND DUTIES 25.28 Section 1. Minnesota Statutes 1998, section 123B.02, 25.29 subdivision 1, is amended to read: 25.30 Subdivision 1. [BOARD AUTHORITY.] The board must have the 25.31 general charge of the business of the district, the school 25.32 houses, and of the interests of the schools thereof. The 25.33 board's authority to govern and manage the district, to carry 25.34 out its duties and responsibilities, and to conduct the business 25.35 of the district includes implied powers in addition to any 25.36 specific powers granted by the legislature. 26.1 Sec. 2. Minnesota Statutes 1998, section 123B.04, 26.2 subdivision 2, is amended to read: 26.3 Subd. 2. [AGREEMENT.] (a) Either the school board or 26.4 theschoolsite decision-making team may request that the school 26.5 board enter into an agreement with aschoolsite decision-making 26.6 team concerning the governance, management, or control of the 26.7 school. A school site decision-making team may includethe26.8school principal,teachers in the school or their designee, 26.9 other employees in the school, parents of pupils in the school, 26.10 representatives of pupils in the school, or other members in the 26.11 community.The school site decision-making team shall include26.12the school principal or other person having general control and26.13supervision of the school.A principal employed at a school 26.14 must be a member of the site decision-making team. A school 26.15 district must provide notice to parents about site 26.16 decision-making teams and inform parents about how to be 26.17 involved with the site decision-making team. The site 26.18 decision-making team must reflect the diversity of the student 26.19 body of the education site. No more than one-half of the 26.20 members shall be employees of the district. 26.21 (b) School site decision-making agreements must delegate 26.22 powers, duties, and broad management responsibilities to site 26.23 teams and involve staff members, students as appropriate, and 26.24 parents in decision making. 26.25 (c) An agreement shall include a statement of powers, 26.26 duties, responsibilities, and authority to be delegated to and 26.27 within the site. 26.28 (d) An agreement may include: 26.29 (1) an achievement contract according to subdivision 4; 26.30 (2) a mechanism to allow principals, or other persons 26.31 having general control and supervision of the school, to make 26.32 decisions regarding how financial and personnel resources are 26.33 best allocated at the site and from whom goods or services are 26.34 purchased; 26.35 (3) a mechanism to implement parental involvement programs 26.36 under section 124D.895 and to provide for effective parental 27.1 communication and feedback on this involvement at the site 27.2 level; 27.3 (4) a provision that would allow the team to determine who 27.4 is hired into licensed and nonlicensed positions; 27.5 (5) a provision that would allow teachers to choose the 27.6 principal or other person having general control; 27.7 (6) an amount of revenue allocated to the site under 27.8 subdivision 3; and 27.9 (7) any other powers and duties determined appropriate by 27.10 the board. 27.11 The school board of the district remains the legal employer 27.12 under clauses (4) and (5). 27.13 (e) Any powers or duties not delegated to the school site 27.14 management team in the school site management agreement shall 27.15 remain with the school board. 27.16(f) Approved agreements shall be filed with the27.17commissioner. If a school board denies a request to enter into27.18a school site management agreement, it shall provide a copy of27.19the request and the reasons for its denial to the commissioner.27.20 Sec. 3. Minnesota Statutes 1998, section 123B.04, 27.21 subdivision 5, is amended to read: 27.22 Subd. 5. [COMMISSIONER'S ROLE.] The commissioner of 27.23 children, families, and learning, in consultation with 27.24 appropriate educational organizations, shall:, 27.25(1)upon request, provide technical support for districts 27.26 and sites with agreements under this section;. 27.27(2) conduct and compile research on the effectiveness of27.28site decision making; and27.29(3) periodically report on and evaluate the effectiveness27.30of site management agreements on a statewide basis.27.31 Sec. 4. Minnesota Statutes 1998, section 123B.143, 27.32 subdivision 1, is amended to read: 27.33 Subdivision 1. [CONTRACT; DUTIES.] All districts 27.34 maintaining a classified secondary school must employ a 27.35 superintendent who shall be an ex officio nonvoting member of 27.36 the school board. The authority for selection and employment of 28.1 a superintendent must be vested in the board in all cases. An 28.2 individual employed by a board as a superintendent shall have an 28.3 initial employment contract for a period of time no longer than 28.4 three years from the date of employment. Any subsequent 28.5 employment contract must not exceed a period of three years. A 28.6 board, at its discretion, may or may not renew an employment 28.7 contract. A board must not, by action or inaction, extend the 28.8 duration of an existing employment contract. Beginning 365 days 28.9 prior to the expiration date of an existing employment contract, 28.10 a board may negotiate and enter into a subsequent employment 28.11 contract to take effect upon the expiration of the existing 28.12 contract. A subsequent contract must be contingent upon the 28.13 employee completing the terms of an existing contract. If a 28.14 contract between a board and a superintendent is terminated 28.15 prior to the date specified in the contract, the board may not 28.16 enter into another superintendent contract with that same 28.17 individual that has a term that extends beyond the date 28.18 specified in the terminated contract. A board may terminate a 28.19 superintendent during the term of an employment contract for any 28.20 of the grounds specified in section 122A.40, subdivision 9 or 13. 28.21 A superintendent shall not rely upon an employment contract with 28.22 a board to assert any other continuing contract rights in the 28.23 position of superintendent under section 122A.40. 28.24 Notwithstanding the provisions of sections 122A.40, subdivision 28.25 10 or 11, 123A.32, 123A.75, or any other law to the contrary, no 28.26 individual shall have a right to employment as a superintendent 28.27 based on order of employment in any district. If two or more 28.28 districts enter into an agreement for the purchase or sharing of 28.29 the services of a superintendent, the contracting districts have 28.30 the absolute right to select one of the individuals employed to 28.31 serve as superintendent in one of the contracting districts and 28.32 no individual has a right to employment as the superintendent to 28.33 provide all or part of the services based on order of employment 28.34 in a contracting district. The superintendent of a district 28.35 shallperform the following: 28.36 (1)visit and supervise the schools in the district, report29.1and make recommendations about their condition when advisable or29.2on request by the board;29.3(2) recommend to the board employment and dismissal of29.4teachers;29.5(3) superintend school grading practices and examinations29.6for promotions;29.7(4)make reports required by the commissioner; 29.8(5)(2) by January 10, submit an annual report to the 29.9 commissioner in a manner prescribed by the commissioner, in 29.10 consultation with school districts, identifying theexpenditures29.11that the district requires to ensure an 80 percent and a 9029.12percent student passage rate on the basic standards test taken29.13in the eighthhighest student passage rate the district expects 29.14 to attain on the reading, math, and writing basic skills tests 29.15 by the 12th grade, identifying the amount of expenditures that 29.16 the district requires toensure a 99 percentattain the targeted 29.17 student passage rateon the basic standards test by 12th grade, 29.18 and how much the district is cross-subsidizing programs with 29.19 special education,compensatorybasic skills, and general 29.20 education revenue; and 29.21(6)(3) performotherduties prescribed by the board. 29.22 Sec. 5. Minnesota Statutes 1998, section 123B.147, as 29.23 amended by Laws 1998, chapter 398, article 5, section 55, is 29.24 amended to read: 29.25 123B.147 [PRINCIPALS.] 29.26 Subdivision 1. [PRINCIPAL MAY SUPERVISE SCHOOL BUILDING.] 29.27 Each public school building, as defined by section 120A.05, 29.28 subdivisions 9, 11, and 13, in an independent district may be 29.29 under the supervision of a principal who is assigned to that 29.30 responsibility by the board of education in that district upon 29.31 the recommendation of the superintendent of schools of that 29.32 district. If pupils in kindergarten through grade 12 attend 29.33 school in one building, one principal, who holds either an 29.34 elementary or a secondary principal's license, may supervise the 29.35 building. 29.36 Subd. 2. [VALID PRINCIPAL LICENSE REQUIRED.] Each 30.1 principalassigned the responsibilityresponsible forthe30.2supervision ofsupervising a school building shall hold a valid 30.3 license in the assigned position of supervision and 30.4 administration as established by the rules of the commissioner 30.5 of children, families, and learning. 30.6 Subd. 3. [PRINCIPALS' DUTIES.] The principal shallprovide30.7administrative, supervisory, and instructional leadership30.8services, under the supervision of the superintendent of schools30.9of the district and in accordance with the policies, rules, and30.10regulations of the board of education, for the planning,30.11management, operation, and evaluation of the education program30.12of the building or buildings to which the principal is30.13assignedperform administrative and supervisory duties as 30.14 determined by the school district. 30.15 Sec. 6. Minnesota Statutes 1999 Supplement, section 30.16 123B.36, subdivision 1, is amended to read: 30.17 Subdivision 1. [SCHOOL BOARDS MAY REQUIRE FEES.] (a) For 30.18 purposes of this subdivision, "home school" means a home school 30.19 as defined in sections 120A.22 and 120A.24 with five or fewer 30.20 students receiving instruction. 30.21 (b) A school board is authorized to require payment of fees 30.22 in the following areas: 30.23 (1) in any program where the resultant product, in excess 30.24 of minimum requirements and at the pupil's option, becomes the 30.25 personal property of the pupil; 30.26 (2) admission fees or charges for extra curricular 30.27 activities, where attendance is optional and where the admission 30.28 fees or charges a student must pay to attend or participate in 30.29 an extracurricular activity is the same for all students, 30.30 regardless of whether the student is enrolled in a public or a 30.31 home school; 30.32 (3) a security deposit for the return of materials, 30.33 supplies, or equipment; 30.34 (4) personal physical education and athletic equipment and 30.35 apparel, although any pupil may personally provide it if it 30.36 meets reasonable requirements and standards relating to health 31.1 and safety established by the board; 31.2 (5) items of personal use or products that a student has an 31.3 option to purchase such as student publications, class rings, 31.4 annuals, and graduation announcements; 31.5 (6) fees specifically permitted by any other statute, 31.6 including but not limited to section 171.05, subdivision 2; 31.7 provided (i) driver education fees do not exceed the actual cost 31.8 to the school and school district of providing driver education, 31.9 and (ii) the driver education courses are open to enrollment to 31.10 persons between the ages of 15 and 18 who reside or attend 31.11 school in the school district; 31.12 (7) field trips considered supplementary to a district 31.13 educational program; 31.14 (8) any authorized voluntary student health and accident 31.15 benefit plan; 31.16 (9) for the use of musical instruments owned or rented by 31.17 the district, a reasonable rental fee not to exceed either the 31.18 rental cost to the district or the annual depreciation plus the 31.19 actual annual maintenance cost for each instrument; 31.20 (10) transportation of pupils to and from extra curricular 31.21 activities conducted at locations other than school, where 31.22 attendance is optional; 31.23 (11) transportation of pupils to and from school for which 31.24 aid for fiscal year 1996 is not authorized under Minnesota 31.25 Statutes 1994, section 124.223, subdivision 1, and for which 31.26 levy for fiscal year 1996 is not authorized under Minnesota 31.27 Statutes 1994, section 124.226, subdivision 5, if a district 31.28 charging fees for transportation of pupils establishes 31.29 guidelines for that transportation to ensure that no pupil is 31.30 denied transportation solely because of inability to pay; 31.31 (12) motorcycle classroom education courses conducted 31.32 outside of regular school hours; provided the charge must not 31.33 exceed the actual cost of these courses to the school district; 31.34 (13) transportation to and from post-secondary institutions 31.35 for pupils enrolled under the post-secondary enrollment options 31.36 program under section 123B.88, subdivision 22. Fees collected 32.1 for this service must be reasonable and must be used to reduce 32.2 the cost of operating the route. Families who qualify for 32.3 mileage reimbursement under section 124D.09, subdivision 22, may 32.4 use their state mileage reimbursement to pay this fee. If no 32.5 fee is charged, districts must allocate costs based on the 32.6 number of pupils riding the route; and 32.7 (14) admission fees or charges to a part-time student over 32.8 age 21 attending a secondary school class or program other than 32.9 a student participating in the graduation incentives program 32.10 under section 124D.68 or a student receiving instruction under 32.11 section 125A.03. 32.12 Sec. 7. Minnesota Statutes 1999 Supplement, section 32.13 123B.43, is amended to read: 32.14 123B.43 [USE OF INDIVIDUALIZED INSTRUCTIONAL MATERIALS.] 32.15 (a) The commissioner shall assure that textbooks and 32.16 individualized instructional materials loaned to nonpublic 32.17 school pupils are secular, neutral, nonideological and that they 32.18 are incapable of diversion for religious use. 32.19 (b) Textbooks and individualized instructional materials 32.20 must not be used in religious courses, devotional exercises, 32.21 religious training or any other religious activity. 32.22 (c) Textbooks and individualized instructional materials 32.23 must be loaned only to individual pupils upon the request of a 32.24 parent or guardian or the pupil on a form designated for this 32.25 use by the commissioner. The request forms shall provide for 32.26 verification by the parent or guardian or pupil that the 32.27 requested textbooks and individualized instructional materials 32.28 are for the use of the individual pupil in connection with a 32.29 program of instruction in the pupil's elementary or secondary 32.30 school. 32.31(d) The servicing school district or the intermediary32.32service area must take adequate measures to ensure an accurate32.33and periodic inventory of all textbooks and individualized32.34instructional materials loaned to elementary and secondary32.35school pupils attending nonpublic schools. The commissioner of32.36children, families, and learning shall promulgate rules under33.1the provisions of chapter 14 to terminate the eligibility of any33.2nonpublic school pupil if the commissioner determines, after33.3notice and opportunity for hearing, that the textbooks or33.4individualized instructional materials have been used in a33.5manner contrary to the provisions of section 123B.41,33.6subdivision 5, 123B.42, or this section or any rules promulgated33.7by the commissioner of children, families, and learning.33.8 (e) Nothing contained in section 123B.41, subdivision 5, 33.9 123B.42, or this section shall be construed to authorize the 33.10 making of any payments to a nonpublic school or its faculty, 33.11 staff or administrators for religious worship or instruction or 33.12 for any other purpose. 33.13 Sec. 8. Minnesota Statutes 1998, section 123B.49, 33.14 subdivision 1, is amended to read: 33.15 Subdivision 1. [ACTIVITIES OUTSIDE DISTRICT LIMITS.] 33.16Whenever it appears to be beneficial and for the best interest33.17of the district and the pupils of the district to carry on any33.18school sport activities or educational activities connected with33.19their studies outside of the territorial limits of the district,33.20 The board may authorizesuchschool sport or educational 33.21 activitiesto beconducted outside of the territorial limits of 33.22 the district under such rules and regulations as the board deems 33.23 sufficient. The district may pay all necessary coststherefor, 33.24 including transportation, from the district funds available. 33.25 Sec. 9. Minnesota Statutes 1999 Supplement, section 33.26 123B.49, subdivision 4, is amended to read: 33.27 Subd. 4. [BOARDCONTROLAUTHORIZATION OF EXTRACURRICULAR 33.28 ACTIVITIES.] (a) The board maytake charge of and control33.29 authorize all extracurricular activities of the teachers and 33.30 children of the public schools in the district. Extracurricular 33.31 activities means all direct and personal services for pupils for 33.32 their enjoyment that are managed and operated under the guidance 33.33 of an adult or staff member. The board shall allow all resident 33.34 pupils receiving instruction in a home school as defined in 33.35 section 123B.36, subdivision 1, paragraph (a), to be eligible to 33.36 fully participate in extracurricular activities on the same 34.1 basis as public school students. 34.2 (b) Extracurricular activities have all of the following 34.3 characteristics: 34.4 (1) they are not offered for school credit nor required for 34.5 graduation; 34.6 (2) they are generally conducted outside school hours, or 34.7 if partly during school hours, at times agreed by the 34.8 participants, and approved by school authorities; 34.9 (3) the content of the activities is determined primarily 34.10 by the pupil participants under the guidance of a staff member 34.11 or other adult. 34.12 (c) If the board does nottake charge of and control34.13 authorize extracurricular activities, these activities shall be 34.14 self-sustaining with all expenses, except direct salary costs 34.15 and indirect costs of the use of school facilities, met by dues, 34.16 admissions, or other student fundraising events. The general 34.17 fund must reflect only those salaries directly related to and 34.18 readily identified with the activity and paid by public funds. 34.19 Other revenues and expenditures for extra curricular activities 34.20 must be recorded according to the "Manual of Instruction for 34.21 Uniform Student Activities Accounting for Minnesota School 34.22 Districts and Area Vocational-Technical Colleges." 34.23 Extracurricular activities not under board control must have an 34.24 annual financial audit and must also be audited annually for 34.25 compliance with this section. 34.26 (d) If the boardtakes charge of and controlsauthorizes 34.27 extracurricular activities, any or all costs of these activities 34.28 may be provided from school revenues and all revenues and 34.29 expenditures for these activities shall be recorded in the same 34.30 manner as other revenues and expenditures of the district. 34.31 (e) If the boardtakes charge of and controlsauthorizes 34.32 extracurricular activities, the teachers or pupils in the 34.33 district must not participate in such activity, nor shall the 34.34 school name or any allied name be used in connection therewith, 34.35 except by consent and direction of the board. 34.36 Sec. 10. Minnesota Statutes 1998, section 123B.51, 35.1 subdivision 1, is amended to read: 35.2 Subdivision 1. [SITES.] According to section 126C.40, 35.3 subdivision 1, or 465.71, when funds are available, the board 35.4 may locate and acquire necessary sites ofschoolhousesschools 35.5 or enlargements, or additions to existingschoolhousesites by 35.6 lease, purchase or condemnation under the right of eminent 35.7 domain; it may erectschoolhousesschools on the sites; it may 35.8 erect or purchase garages for district-owned school buses. When 35.9 property is taken by eminent domain by authority of this 35.10 subdivision when needed by the district for such purposes, the 35.11 fact that the property has been acquired by the owner under the 35.12 power of eminent domain or is already devoted to public use, 35.13 shall not prevent its acquisition by the district. The board 35.14 may sell or exchangeschoolhousesschools or sites, and execute 35.15 deeds of conveyance thereof. 35.16 Sec. 11. Minnesota Statutes 1998, section 123B.51, 35.17 subdivision 5, is amended to read: 35.18 Subd. 5. [SCHOOLHOUSESCHOOL CLOSING.] The board may close 35.19 aschoolhouseschool only after a public hearing on the question 35.20 of the necessity and practicability of the proposed closing. 35.21 Published notice of the hearing shall be given for two weeks in 35.22 the official newspaper of the district. The time and place of 35.23 the meeting, the description and location of theschoolhouse35.24 school, and a statement of the reasons for the closing must be 35.25 specified in the notice. Parties requesting to give testimony 35.26 for and against the proposal shall be heard by the board before 35.27 it makes a final decision to close or not to close 35.28 theschoolhouseschool. 35.29 Sec. 12. Minnesota Statutes 1998, section 123B.83, 35.30 subdivision 1, is amended to read: 35.31 Subdivision 1. [REDUCE STATUTORY OPERATING DEBT.] (a) 35.32Beginning in fiscal year 1978 and in each year thereafter,A 35.33 district which had statutory operating debt on June 30, 1977 35.34 pursuant to section 126C.42 must limit its expenditures in each 35.35 fiscal year so that the amount of its statutory operating debt 35.36 calculated at the end of that fiscal year is not greater than 36.1 the amount of the district's statutory operating debt as of June 36.2 30, 1977, as certified and adjusted by the commissioner, 36.3 increased by an amount equal to 2-1/2 percent of that district's 36.4 operating expenditures for the fiscal year for which the 36.5 statutory operating debt calculation is being made. 36.6 (b) When a district is no longer required to levy pursuant 36.7 to section 126C.42, subdivision 1, subdivision 2 is applicable. 36.8 Sec. 13. Minnesota Statutes 1998, section 123B.90, 36.9 subdivision 1, is amended to read: 36.10 Subdivision 1. [SCHOOL BUS SAFETY WEEK.] The third week of 36.11 school is designated as school bus safety week. 36.12A school board may designate one day of school bus safety36.13week as school bus driver day.36.14 Sec. 14. Minnesota Statutes 1999 Supplement, section 36.15 123B.90, subdivision 2, is amended to read: 36.16 Subd. 2. [STUDENT TRAINING.] (a) Each district and each 36.17 nonpublic school that has pupils transported by school bus 36.18 within the district's boundary at public expense must provide 36.19public schoolpupilsenrolledingradeskindergarten through 36.20 grade 10 with age-appropriate school bus safety training. The 36.21 trainingmust be results-oriented and shallmust consist of both 36.22 classroom instruction and practical training using a school 36.23 bus. Upon completing the training, a student shall be able to36.24demonstrate knowledge and understanding of at least the36.25following competencies and conceptsthat encompass at least the 36.26 following: 36.27 (1) transportation by school bus is a privilege and not a 36.28 right; 36.29 (2) district policies for student conduct and school bus 36.30 safety; 36.31 (3) appropriate conduct while on the school bus consistent 36.32 with school discipline policies; 36.33 (4) the danger zones surrounding a school bus; 36.34 (5) procedures for safely boarding and leaving a school 36.35 bus; 36.36 (6) procedures for safe street or road crossing; 37.1 (7) school bus evacuation and other emergency procedures; 37.2 and 37.3 (8) appropriate training on the use of lap belts or lap and 37.4 shoulder belts, if the district uses buses equipped with lap 37.5 belts or lap and shoulder belts. 37.6 (b)Each nonpublic school located within the district must37.7provide all nonpublic school pupils enrolled in grades37.8kindergarten through 10 who are transported by school bus at37.9public expense and attend school within the district's37.10boundaries with training as required in paragraph (a).The 37.11 school district shall make a bus available to the nonpublic 37.12 school for the practical training if the district transports the 37.13 nonpublic students. Each nonpublic school shall provide the 37.14 instruction. 37.15 (c)All students enrolled in grades kindergarten through 337.16who are transported by school bus and are enrolled during the37.17first or second week of school must demonstrate achievement of37.18the school bus safety training competencies by the end of the37.19third week of school. All students enrolled in grades 4 through37.2010 who are transported by school bus and are enrolled during the37.21first or second week of school must demonstrate achievement of37.22the competencies by the end of the sixth week of school.37.23Students enrolled in grades kindergarten through 10 who enroll37.24in a school after the second week of school and are transported37.25by school bus shall undergo school bus safety training and37.26demonstrate achievement of the school bus safety competencies37.27within four weeks of the first day of attendance. The pupil37.28transportation safety director in each district must certify to37.29the commissioner annually that all students transported by37.30school bus within the district have satisfactorily demonstrated37.31knowledge and understanding of the school bus safety37.32competencies according to this section or provide an explanation37.33for a student's failure to demonstrate the competencies. The37.34principal or other chief administrator of each nonpublic school37.35must certify annually to the public transportation safety37.36director of the district in which the school is located that all38.1of the school's students transported by school bus at public38.2expense have received training. A district may deny38.3transportation to a student who fails to demonstrate the38.4competencies, unless the student is unable to achieve the38.5competencies due to a disability, or to a student who attends a38.6nonpublic school that fails to provide training as required by38.7this subdivision.38.8(d) A district and a nonpublic school with students38.9transported by school bus at public expense must, to the extent38.10possible, provide kindergarten pupils with bus safety training38.11before the first day of school.38.12(e)A district and a nonpublic school with students 38.13 transported by school bus at public expense must also provide 38.14 student safety education for bicycling and pedestrian safety, 38.15 for students enrolled in grades kindergarten through 5. 38.16(f)(d) A district and a nonpublic school with students 38.17 transported by school bus at public expense must make reasonable 38.18 accommodations for the school bus, bicycle, and pedestrian 38.19 safety training of pupils known to speak English as a second 38.20 language and pupils with disabilities. 38.21 Sec. 15. Minnesota Statutes 1999 Supplement, section 38.22 123B.91, subdivision 1, is amended to read: 38.23 Subdivision 1. [COMPREHENSIVE POLICY.] Each district must 38.24 develop and implement a comprehensive, written policy governing 38.25 pupil transportation safety, including transportation of 38.26 nonpublic school students, when applicable. The policy shall, 38.27 at minimum, contain: 38.28 (1) provisions for appropriate student bus safety training 38.29 under section 123B.90; 38.30 (2) rules governing student conduct on school buses and in 38.31 school bus loading and unloading areas; 38.32 (3) a statement of parent or guardian responsibilities 38.33 relating to school bus safety; 38.34 (4) provisions for notifying students and parents or 38.35 guardians of their responsibilities and the rules, including the 38.36 district's seat belt policy, if applicable; 39.1 (5) an intradistrict system for reporting school bus 39.2 accidents or misconduct and a system for dealing with local law 39.3 enforcement officials in cases of criminal conduct on a school 39.4 bus; 39.5 (6) a discipline policy to address violations of school bus 39.6 safety rules, including procedures for revoking a student's bus 39.7 riding privileges in cases of serious or repeated misconduct; 39.8 (7) a system for integrating school bus misconduct records 39.9 with other discipline records; 39.10 (8) a statement of bus driver duties; 39.11 (9) planned expenditures for safety activities under 39.12 section 123B.89 and, where applicable, provisions governing bus 39.13 monitor qualifications, training, and duties; 39.14 (10) rules governing the use and maintenance of type III 39.15 vehicles, drivers of type III vehicles, qualifications to drive 39.16 a type III vehicle, qualifications for a type III vehicle and 39.17 the circumstances under which a student may be transported in a 39.18 type III vehicle; 39.19 (11) operating rules and procedures; 39.20 (12) provisions for annual bus driver in-service training 39.21 and evaluation; 39.22 (13) emergency procedures; 39.23 (14) a system for maintaining and inspecting equipment; 39.24 (15) requirements of the school district, if any, that 39.25 exceed state law minimum requirements for school bus operations; 39.26 and 39.27 (16) requirements for basic first aid training, which must 39.28 include the Heimlich maneuver and procedures for dealing with 39.29 obstructed airways, shock, bleeding, and seizures. 39.30Districts are encouraged to use the model policy developed39.31by the Minnesota school boards association, the department of39.32public safety, and the department of children, families, and39.33learning, as well as the current edition of the "National39.34Standards for School Buses and Operations" published by the39.35National Safety Council, in developing safety policies.Each 39.36 district shall review its policy annually and make appropriate 40.1 amendments, which must be submitted to the school bus safety40.2advisory committee within one month of approval by the school40.3board. 40.4 Sec. 16. [REPEALER.] 40.5 Minnesota Statutes 1998, sections 123B.02, subdivisions 5, 40.6 10, and 13; 123B.11; 123B.15; 123B.16; 123B.17; 123B.18; 40.7 123B.19; 123B.744; 123B.93; and 123B.95, subdivision 3; and 40.8 Minnesota Statutes 1999 Supplement, section 123B.02, subdivision 40.9 9, are repealed. 40.10 Sec. 17. [EFFECTIVE DATE.] 40.11 Sections 1 to 16 are effective for the 2000-2001 school 40.12 year and later. 40.13 ARTICLE 7 40.14 EDUCATION PROGRAMS 40.15 Section 1. Minnesota Statutes 1998, section 124D.02, 40.16 subdivision 1, is amended to read: 40.17 Subdivision 1. [KINDERGARTEN INSTRUCTION.] The boardmay40.18establish and maintain one or more kindergartens for the40.19instruction of children and after July 1, 1974,shall provide 40.20 kindergarten instruction for all eligible children, either in 40.21 the district or in another district. All children to be 40.22 eligible for kindergarten must be at least five years of age on 40.23 September 1 of the calendar year in which the school year 40.24 commences. In addition all children selected under an early40.25admissions policy established by the school board may be40.26admitted. Nothing in this section shall prohibit a school40.27district from establishing head start, prekindergarten, or40.28nursery school classes for children below kindergarten age, 40.29 consistent with section 120A.20, subdivision 1. Any school 40.30 board with evidence that providing kindergarten will cause an 40.31 extraordinary hardship on the school district may apply to the 40.32 commissioner of children, families, and learning for an 40.33 exception. 40.34 Sec. 2. Minnesota Statutes 1998, section 124D.03, 40.35 subdivision 3, is amended to read: 40.36 Subd. 3. [PUPIL APPLICATION PROCEDURES.] In order that a 41.1 pupil may attend a school or program in a nonresident district, 41.2 the pupil's parent or guardian must submit an application to the 41.3 nonresident district.Before submitting an application, the41.4pupil and the pupil's parent or guardian must explore with a41.5school guidance counselor, or other appropriate staff member41.6employed by the district the pupil is currently attending, the41.7pupil's academic or other reason for applying to enroll in a41.8nonresident district. The pupil's application must identify the41.9reason for enrolling in the nonresident district.The parent or 41.10 guardian of a pupil must submit an application by January 15 for 41.11 initial enrollment beginning the following school year. The 41.12 application must be on a form provided by the department of 41.13 children, families, and learning. A particular school or 41.14 program may be requested by the parent. Once enrolled in a 41.15 nonresident district, the pupil may remain enrolled and is not 41.16 required to submit annual or periodic applications. To return 41.17 to the resident district or to transfer to a different 41.18 nonresident district, the parent or guardian of the pupil must 41.19 provide notice to the resident district or apply to a different 41.20 nonresident district byJanuary 15March 1 for enrollment 41.21 beginning the following school year. Each district must accept 41.22 or reject an application it receives and notify the parent or 41.23 guardian in writing within 30 calendar days of receiving the 41.24 application. A notification of acceptance must include the date 41.25 enrollment can begin. Within ten days of receiving the 41.26 notification from the nonresident district, the parent or 41.27 guardian must inform the nonresident district whether the pupil 41.28 intends to enroll in the nonresident district. 41.29 Sec. 3. Minnesota Statutes 1998, section 124D.09, 41.30 subdivision 5, is amended to read: 41.31 Subd. 5. [AUTHORIZATION; NOTIFICATION.]Notwithstanding41.32any other law to the contrary,An 11th or 12th grade pupil 41.33 enrolled in a school or an American Indian-controlled tribal 41.34 contract or grant school eligible for aid under section 124D.83, 41.35 except a foreign exchange pupil enrolled in a district under a 41.36 cultural exchange program, may apply to an eligible institution, 42.1 as defined in subdivision 3, to enroll in nonsectarian courses 42.2 offered by that post-secondary institution. If an institution 42.3 accepts a secondary pupil for enrollment under this section, the 42.4 institution shall send written notice to the pupil, the pupil's 42.5 school or school district, and the commissioner within ten days 42.6 of acceptance. The notice must indicate the course and hours of 42.7 enrollment of that pupil. If the pupil enrolls in a course for 42.8 post-secondary credit, the institution must notify the pupil 42.9 about payment in the customary manner used by the institution. 42.10 Sec. 4. Minnesota Statutes 1998, section 124D.09, 42.11 subdivision 6, is amended to read: 42.12 Subd. 6. [COUNSELINGPARENTAL CONSENT.]To the extent42.13possible, the school or school district must provide counseling42.14services to pupils and their parents or guardian before the42.15pupils enroll in courses under this section to ensure that the42.16pupils and their parents or guardian are fully aware of the42.17risks and possible consequences of enrolling in post-secondary42.18courses. The school or school district must provide information42.19on the program including who may enroll, what institutions and42.20courses are eligible for participation, the decision-making42.21process for granting academic credits, financial arrangements42.22for tuition, books and materials, eligibility criteria for42.23transportation aid, available support services, the need to42.24arrange an appropriate schedule, consequences of failing or not42.25completing a course in which the pupil enrolls, the effect of42.26enrolling in this program on the pupil's ability to complete the42.27required high school graduation requirements, and the academic42.28and social responsibilities that must be assumed by the pupils42.29and their parents or guardian. The person providing counseling42.30shall encourage pupils and their parents or guardian to also use42.31available counseling services at the post-secondary institutions42.32before the quarter or semester of enrollment to ensure that42.33anticipated plans are appropriate.42.34 Prior to enrolling in a course, the pupil and the pupil's 42.35 parents or guardian must sign a form that must be provided by 42.36 the school or school district and may be obtained from a 43.1 post-secondary institution statingthat they have received the43.2information specified in this subdivision andthat they 43.3 understand the responsibilities that must be assumed in 43.4 enrolling in this program. The department must, upon request, 43.5 provide technical assistance to a school or school district in 43.6 developing appropriate forms and counseling guidelines. 43.7 Sec. 5. Minnesota Statutes 1998, section 124D.09, 43.8 subdivision 7, is amended to read: 43.9 Subd. 7. [DISSEMINATION OF INFORMATION; NOTIFICATION OF 43.10 INTENT TO ENROLL.] By March 1 of each year, a district must 43.11 provide general information about the program to all pupils in 43.12 grades 10 and 11.To assist the district in planning, a pupil43.13shall inform the district by March 30 of each year of the43.14pupil's intent to enroll in post-secondary courses during the43.15following school year. A pupil is not bound by notifying or not43.16notifying the district by March 30.43.17 Sec. 6. Minnesota Statutes 1998, section 124D.10, 43.18 subdivision 1, is amended to read: 43.19 Subdivision 1. [PURPOSESEXPECTED OUTCOMES.] (a) 43.20 Thepurpose of this section isexpected outcomes of a charter 43.21 school are to: 43.22 (1) improve pupil learning; 43.23 (2) increase learning opportunities for pupils; 43.24 (3) encourage the use of different and innovative teaching 43.25 methods; 43.26 (4) require the measurement of learning outcomes and create 43.27 different and innovative forms of measuring outcomes; 43.28 (5) establish new forms of accountability for schools; or 43.29 (6) create new professional opportunities for teachers, 43.30 including the opportunity to be responsible for the learning 43.31 program at the school site. 43.32 (b) This section does not provide a means to keep open a 43.33 school that otherwise would be closed. Applicants in these 43.34 circumstances bear the burden of proving that conversion to a 43.35 charter school fulfills a purpose specified in this subdivision, 43.36 independent of the school's closing. 44.1 Sec. 7. Minnesota Statutes 1999 Supplement, section 44.2 124D.10, subdivision 6, is amended to read: 44.3 Subd. 6. [CONTRACT.] The sponsor's authorization for a 44.4 charter school must be in the form of a written contract signed 44.5 by the sponsor and the board of directors of the charter 44.6 school. The contract must be completed within 90 days of the 44.7 commissioner's approval of the sponsor's proposed authorization. 44.8 The contract for a charter school must be in writing and contain 44.9 at least the following: 44.10 (1) a description of a program that carries out one or more 44.11 of thepurposesexpected outcomes in subdivision 1; 44.12 (2) specific outcomes pupils are to achieve under 44.13 subdivision 10; 44.14 (3) admission policies and procedures; 44.15 (4) management and administration of the school; 44.16 (5) requirements and procedures for program and financial 44.17 audits; 44.18 (6) how the school will comply with subdivisions 8, 13, 16, 44.19 and 23; 44.20 (7) assumption of liability by the charter school; 44.21 (8) types and amounts of insurance coverage to be obtained 44.22 by the charter school; 44.23 (9) the term of the contract, which may be up to three 44.24 years; and 44.25 (10) if the board of directors or the operators of the 44.26 charter school provide special instruction and services for 44.27 children with a disability under sections 125A.03 to 125A.24, 44.28 and 125A.65, a description of the financial parameters within 44.29 which the charter school will operate to provide the special 44.30 instruction and services to children with a disability. 44.31 Sec. 8. Minnesota Statutes 1999 Supplement, section 44.32 124D.10, subdivision 15, is amended to read: 44.33 Subd. 15. [REVIEW AND COMMENT.] The department must review 44.34 and comment on the evaluation, by thechartering school district44.35 sponsor, of the performance of a charter school before the 44.36 charter school's contract is renewed.The information from the45.1review and comment shall be reported to the commissioner of45.2children, families, and learning in a timely manner.45.3Periodically, the commissioner shall report trends or45.4suggestions based on the evaluation of charter school contracts45.5to the education committees of the state legislature.The 45.6 commissioner shall report annually to the house and senate 45.7 education policy committees on emerging issues affecting charter 45.8 schools, including common problems encountered by charter 45.9 schools, leasing information, sponsorship information, student 45.10 achievement and demographic enrollment data, and innovative and 45.11 best practices used in charter school programs. 45.12 Sec. 9. Minnesota Statutes 1998, section 124D.10, 45.13 subdivision 19, is amended to read: 45.14 Subd. 19. [DISSEMINATEAVAILABLE INFORMATION.] The 45.15sponsor, the operators, and thedepartment of children, 45.16 families, and learning, after consulting with charter school 45.17 sponsors and operators, mustdisseminatemake information 45.18 available to the public on how to form and operate a charter 45.19 school and how to utilize the offerings of a charter 45.20 school.Particular groups to be targeted include low-income45.21families and communities, and students of color.45.22 Sec. 10. Minnesota Statutes 1998, section 124D.115, 45.23 subdivision 3, is amended to read: 45.24 Subd. 3. [PROGRAM REIMBURSEMENT.] (a)State funds are45.25provided to reimburse school breakfasts.Each school year, the 45.26 state must reimburse schools in the amount of 5.1 cents for each 45.27 fully paid breakfast and for each free and reduced price 45.28 breakfast not eligible for the "severe need" rate. 45.29 (b) In addition to paragraph (a), each school year the 45.30 state must reimburse schools 10.5 cents for each free and 45.31 reduced price breakfast not eligible for the "severe need" rate 45.32 if between 33 and 40 percent of the school lunches served during 45.33 the second preceding school year were served free or at a 45.34 reduced price. 45.35 Sec. 11. Minnesota Statutes 1998, section 124D.118, 45.36 subdivision 2, is amended to read: 46.1 Subd. 2. [ESTABLISHMENT; SCHOOL PARTICIPATION.]Each46.2district in the state is encouraged to participate in the46.3state-supported school milk program for kindergartners.46.4 Participating districts must provide one serving of milk on each 46.5 school day to each kindergarten student attending a public or 46.6 nonpublic school in the district. No student is required to 46.7 accept the milk that is provided by the district. The program 46.8 must be promoted and operated under the direction of the 46.9 commissioner or the commissioner's designee. 46.10 Sec. 12. Minnesota Statutes 1998, section 124D.118, 46.11 subdivision 3, is amended to read: 46.12 Subd. 3. [PROGRAM GUIDELINES; DUTIES OFTHECOMMISSIONER.] 46.13 (a) The commissioner shall: 46.14 (1)encourage all districts to participate in the school46.15milk program for kindergartners;46.16(2) preparemaintain program guidelines, not subject to46.17chapter 14 until July 1, 1998,which will effectively and 46.18 efficiently distribute appropriated and donated money to 46.19 participating districts; and 46.20(3)(2) seek donations and matching funds from appropriate 46.21 private and public sources. 46.22 (b) Program guidelines may provide for disbursement to 46.23 districts through a mechanism of prepayments or by reimbursement 46.24 for approved program expenses. 46.25 Sec. 13. Minnesota Statutes 1999 Supplement, section 46.26 124D.121, is amended to read: 46.27 124D.121 [DEFINITION OF FLEXIBLE LEARNING YEAR PROGRAM.] 46.28 (a) "Flexible learning year program" means any district 46.29 plan approved by the commissioner that utilizes buildings and 46.30 facilities during the entire year or that provides forms of 46.31 optional scheduling of pupils and personnel during the learning 46.32 year in elementary and secondary schools or residential 46.33 facilities for children with a disability. 46.34 (b) An eligible district may operate a flexible learning 46.35 year program in one or more of the district's day or residential 46.36 facilities for children with a disability. 47.1 Sec. 14. Minnesota Statutes 1999 Supplement, section 47.2 124D.126, subdivision 1, is amended to read: 47.3 Subdivision 1. [POWERS AND DUTIES.] The commissioner must: 47.4 (1) not promulgate, amend, or repeal rules necessary to the 47.5 operation of sections 124D.12 to 124D.127 unless specifically 47.6 authorized to do so by enacted law; 47.7 (2) cooperate with and provide supervision of flexible 47.8 learning year programs to determine compliance with the 47.9 provisions of sections 124D.12 to 124D.127, the commissioner's 47.10 standards and qualifications, and the proposed program as 47.11 submitted and approved; 47.12 (3) provide any necessary adjustments of (a) attendance and 47.13 membership computations and (b) the dates and percentages of 47.14 apportionment of state aids; and 47.15 (4) consistent with the definition of "average daily 47.16 membership" in section 126C.05, subdivision 8, furnish the board 47.17 of a district implementing a flexible learning year program with 47.18 a formula for computing average daily membership. This formula 47.19 must be computed so that tax levies to be made by the district, 47.20 state aids to be received by the district, and any and all other 47.21 formulas based upon average daily membership are not affected 47.22 solely as a result of adopting this plan of instruction. 47.23 Sec. 15. Minnesota Statutes 1998, section 124D.128, 47.24 subdivision 1, is amended to read: 47.25 Subdivision 1. [PROGRAM ESTABLISHED.] A learning year 47.26 program provides instruction throughout the year. A pupil may 47.27 participate in the program and accelerate attainment of grade 47.28 level requirements or graduation requirements. A learning year 47.29 program may begin after the close of the regular school year in 47.30 June. The program may be for students in one or more grade 47.31 levels from kindergarten through grade 12. 47.32Students may participate in the program if they reside in:47.33(1) a district that has been designated a learning year47.34site under subdivision 2;47.35(2) a district that is a member of the same education47.36district as a site; or48.1(3) a district that participates in the same area learning48.2center program as a site.48.3 Sec. 16. Minnesota Statutes 1998, section 124D.34, 48.4 subdivision 4, is amended to read: 48.5 Subd. 4. [FOUNDATION PROGRAMS AND DUTIES.] The foundation 48.6 shall advance applied leadership and intracurricular vocational 48.7 learning experiences for students.These may include, but are48.8not limited to:48.9(1) recognition programs and awards for students48.10demonstrating excellence in applied leadership;48.11(2) summer programs for student leadership, career48.12development, applied academics, and mentorship programs with48.13business and industry;48.14(3) recognition programs for teachers, administrators, and48.15others who make outstanding contributions to school-to-work48.16programs;48.17(4) outreach programs to increase the involvement of urban48.18and suburban students;48.19(5) organized challenges requiring cooperation and48.20competition for secondary and post-secondary students;48.21(6) assistance and training to community teams to increase48.22career awareness and empowerment of youth as community leaders;48.23and48.24(7) assessment and activities in order to plan for and48.25implement continuous improvement.48.26To the extent possible, the foundation shall make these48.27programs available to students in all parts of the state.48.28 Sec. 17. Minnesota Statutes 1998, section 124D.35, is 48.29 amended to read: 48.30 124D.35 [YOUTH ENTREPRENEURSHIP EDUCATION PROGRAM.] 48.31The commissioner shall establishA youth entrepreneurship 48.32 education program toimprove the academic and entrepreneurial48.33skills of students and aid in their transition from school to48.34business creation. The program shall strengthen local economies48.35by creating jobs that enable citizens to remain in their48.36communities andteach youth to create businesses that combine 49.1 academic knowledge with entrepreneurial skills is established to 49.2 expose youth to business creation and to foster cooperation 49.3 among educators, economic development professionals, business 49.4 leaders, and representatives of labor. Assistance under this 49.5 section shall be available to new or existing student-operated 49.6 or school-operated businesses that have an educational purpose, 49.7 and provide service or products for customers or clients who do 49.8 not attend or work at the sponsoring school. The commissioner 49.9 may require an equal local match for assistance under this 49.10 section up to the maximum grant amount of $20,000. 49.11 Sec. 18. Minnesota Statutes 1998, section 124D.37, is 49.12 amended to read: 49.13 124D.37 [PURPOSEEXPECTED OUTCOMES OF THE MINNESOTA YOUTH 49.14 WORKS ACT.] 49.15 Thepurposesexpected outcomes of sections 124D.37 to 49.16 124D.45 are to: 49.17 (1)renew the ethic ofpromote civic responsibility in 49.18 Minnesota; 49.19 (2)empower youth toimprovetheir life opportunities49.20throughyouth literacy, job placement, and other essential life 49.21 skills; 49.22 (3)empower government to meet its responsibility to49.23 prepare young people to be contributing members of society; 49.24 (4)help meet human, educational, environmental, and public49.25safety needs, particularly those needs relating to poverty;49.26(5) prepare a citizenry that is academically competent,49.27ready for work, and socially responsible;49.28(6)demonstrate the connection between youth and meaningful 49.29 communityservice, community service and education, and49.30education and meaningful opportunities in the business community49.31 activities; 49.32(7) demonstrate the connection between providing49.33opportunities for at-risk youth and reducing crime rates and the49.34social costs of troubled youth;49.35(8)(5) create linkages for a comprehensive youth service 49.36 and learning program in Minnesotaincluding school age programs,50.1higher education programs, youth work programs, and service50.2corps programs; and 50.3(9)(6) coordinate federal and state activities that 50.4 advance the purposes in this section. 50.5 Sec. 19. Minnesota Statutes 1998, section 124D.40, 50.6 subdivision 2, is amended to read: 50.7 Subd. 2. [GRANT AUTHORITY.] The commissionand, beginning50.8January 1, 1997, the councilmust use any state appropriation 50.9 and any available federal funds, including any grant received 50.10 under federal law, to award grants to establish programs for 50.11 youth works meeting the requirements of section 124D.41. At 50.12 least one grant each must be available for a metropolitan 50.13 proposal, a rural proposal, and a statewide proposal. If a 50.14 portion of the suburban metropolitan area is not included in the 50.15 metropolitan grant proposal, the statewide grant proposal must 50.16 incorporate at least one suburban metropolitan area.In50.17awarding grants, the commission and, beginning January 1, 1997,50.18the council may select at least one residential proposal and one50.19nonresidential proposal, provided the proposals meet or exceed50.20the criteria in section 124D.41.50.21 Sec. 20. Minnesota Statutes 1998, section 124D.41, is 50.22 amended to read: 50.23 124D.41 [GRANT APPLICATIONS.] 50.24 Subdivision 1. [APPLICATIONS REQUIRED.] An organization 50.25 seeking federal or state grant money under sections 124D.39 to 50.26 124D.44 shall prepare and submit to the commissionand,50.27beginning January 1, 1997, the councilan application that meets 50.28 the requirementsof this sectiondeveloped by the commission. 50.29 The commissionand, beginning January 1, 1997, the councilmust 50.30 develop, and the applying organizations must comply with, the50.31form and manner of the applicationrequirements that meet the 50.32 expected outcomes in section 124D.37. 50.33 Subd. 2. [APPLICATION CONTENT.] An applicant on its 50.34 application must describe how it intends to meet the expected 50.35 outcomes under section 124D.37 and this subdivision, which 50.36 include: 51.1 (1)proposeproposing a program to provide participants the 51.2 opportunity to perform community service to meet specific unmet 51.3 community needs, and participate in classroom, work-based, and 51.4 service-learning; and 51.5 (2)assessassessing the community's unmet educational, 51.6 human, environmental, and public safety needs, the resources and 51.7 programs available for meeting those needs, and how young people 51.8 participated in assessing community needs;. 51.9(3) describe the educational component of the program,51.10including classroom hours per week, classroom time for51.11participants to reflect on the program experience, and51.12anticipated academic outcomes related to the service experience;51.13(4) describe the work to be performed, the ratio of youth51.14participants to crew leaders and mentors, and the expectations51.15and qualifications for crew leaders and mentors;51.16(5) describe local funds or resources available to meet the51.17match requirements of section 124D.44;51.18(6) describe any funds available for the program from51.19sources other than the requested grant;51.20(7) describe any agreements with local businesses to51.21provide participants with work-learning opportunities and51.22mentors;51.23(8) describe any agreement with local post-secondary51.24educational institutions to offer participants course credits51.25for their community service-learning experience;51.26(9) describe any agreement with a local high school or an51.27alternative learning center to provide remedial education,51.28credit for community service work and work-based learning, or51.29graduate equivalency degrees;51.30(10) describe any pay for service or other program delivery51.31mechanism that will provide reimbursement for benefits conferred51.32or recover costs of services participants perform;51.33(11) describe how local resources will be used to provide51.34support and assistance for participants to encourage them to51.35continue with the program, fulfill the terms of the contract,51.36and remain eligible for any postservice benefit;52.1(12) describe the arbitration mechanism for dispute52.2resolution required under section 124D.42, subdivision 2;52.3(13) describe involvement of community leaders in52.4developing broad-based support for the program;52.5(14) describe the consultation and sign-off process to be52.6used with any local labor organization representing employees in52.7the area engaged in work similar to that proposed for the52.8program to ensure that no current employees or available52.9employment positions will be displaced by program participants;52.10(15) certify to the commission and, beginning January 1,52.111997, the council, and to any certified bargaining52.12representatives representing employees of the applying52.13organization that the project will not decrease employment52.14opportunities that would be available without the project; will52.15not displace current employees including any partial52.16displacement in the form of reduced hours of work other than52.17overtime, wages, employment benefits, or regular seasonal work;52.18will not impair existing labor agreements; and will not result52.19in the substitution of project funding for preexisting funds or52.20sources of funds for ongoing work;52.21(16) describe the length of the required service period,52.22which may not be less than six months or more than two years, a52.23method to incorporate a participant's readiness to advance or52.24need for postservice financial assistance into individual52.25service requirements, and any opportunity for participating part52.26time or in another program;52.27(17) describe a program evaluation plan that contains52.28cost-effectiveness measures, measures of participant success52.29including educational accomplishments, job placements, community52.30contributions, and ongoing volunteer activities, outcome52.31measures based on a preprogram and postprogram survey of52.32community rates of arrest, incarceration, teenage pregnancy, and52.33other indicators of youth in trouble, and a list of local52.34resources dedicated to reducing these rates;52.35(18) describe a three-year financial plan for maintaining52.36the program;53.1(19) describe the role of local youth in developing all53.2aspects of the grant proposal; and53.3(20) describe the process by which the local private53.4industry council participated in, and reviewed the grant53.5application.53.6 Sec. 21. Minnesota Statutes 1998, section 124D.42, 53.7 subdivision 7, is amended to read: 53.8 Subd. 7. [TRAINING AND EDUCATION REQUIREMENTS.] Each 53.9 grantee organization must assess and work to enhance the 53.10 educational level of each entering participant.Each grantee53.11shall work to enhance the educational skills of each53.12participant. The commission and, beginning January 1, 1997, the53.13council may coordinate or contract with educational institutions53.14or other providers for educational services and evaluation.All 53.15 grantees shall give priority to educating and training 53.16 participants who do not have a high school diploma or its 53.17 equivalent, or who cannot afford post-secondary training and 53.18 education. 53.19 Sec. 22. Minnesota Statutes 1998, section 124D.46, 53.20 subdivision 1, is amended to read: 53.21 Subdivision 1. [GOALSESTABLISHMENT.]To better prepare53.22all learners to make transitions between education and53.23employment,A comprehensive education and employment transitions 53.24 system is established that is driven by multisector partnerships 53.25 and takesa lifelongan integrated approach to workforce 53.26 development. Thegoals of thestatewide education and 53.27 employment transitions systemareshall develop and implement 53.28 methods: 53.29 (1) to improve the skills learners need to achieve greater 53.30 levels of self-sufficiency through education, training, and 53.31 work; 53.32 (2) to improve work-related counseling and information 53.33 about career opportunities and vocational education programs 53.34 available to learners to facilitate workforce development; 53.35 (3) to integrate opportunities for work-based learning, 53.36 service-learning, and other applied learning methods into the 54.1elementary, secondary, and post-secondary curriculum andstate 54.2 and local graduation standards; 54.3 (4)to increase participation in employment opportunities54.4and demonstrate the relationship between education and54.5employment at the elementary, secondary, and post-secondary54.6education levels;54.7(5)to promote the efficient use of public and private 54.8 resources by coordinating elementary, secondary, and 54.9 post-secondary education with related government programs; 54.10(6)(5) to expand educational options available to all 54.11 learners through collaborative efforts between school districts, 54.12 post-secondary institutions, employers, organized labor, 54.13 workers, learners, parents, community-based organizations, and 54.14 other interested parties; 54.15(7)(6) to increase opportunities for women, minorities, 54.16 individuals with a disability, and at-risk learners to fully 54.17 participate in work-based learning; and 54.18(8) to establish performance standards for learners that54.19integrate state and local graduation standards and generally54.20recognized industry and occupational skill standards; and54.21(9)(7) to provide support systems including a unified 54.22 labor market information system; a centralized quality assurance 54.23 system with information on learner achievement, employer 54.24 satisfaction, and measurable system outcomes; a statewide 54.25 marketing system to promote the importance of lifework 54.26 development; a comprehensive professional development system for 54.27 public and private sector partners; and a comprehensive system 54.28 for providing technical support to local partnerships for 54.29 education and employment transitions. 54.30 Sec. 23. Minnesota Statutes 1998, section 124D.47, 54.31 subdivision 2, is amended to read: 54.32 Subd. 2. [YOUTH APPRENTICESHIP PROGRAMS.] (a) A 54.33 comprehensive youth apprenticeship program must require 54.34 representatives of secondary and post-secondary school systems, 54.35 affected local businesses, industries, occupations and labor, as 54.36 well as the local community, to be actively and collaboratively 55.1 involved in advising and managing the program and ensuring, in 55.2 consultation with local private industry councils, that the 55.3 youth apprenticeship program meets local labor market demands, 55.4 provides student apprentices with the high skill training 55.5 necessary for career advancement, meets applicable state 55.6 graduation requirements and labor standards, pays apprentices 55.7 for their work and provides support services to program 55.8 participants. 55.9 (b) Local employers, collaborating with labor organizations 55.10 where appropriate, must assist the program by analyzing 55.11 workplace needs, creating work-related curriculum, employing and 55.12 adequately paying youth apprentices engaged in work-related 55.13 learning in the workplace, training youth apprentices to become 55.14 skilled in an occupation, providing student apprentices with a 55.15 workplace mentor, periodically informing the school of an 55.16 apprentice's progress, and making a reasonable effort to employ 55.17 youth apprentices who successfully complete the program. 55.18 (c) A student participating in a comprehensive youth 55.19 apprenticeship program must sign a youth apprenticeship 55.20 agreement with participating entities that obligates youth 55.21 apprentices, their parents or guardians, employers, and schools 55.22 to meet program requirements; indicates how academic55.23instruction, work-based learning, and worksite learning and55.24experience will be integrated; ensures that successful youth55.25apprentices will receive a recognized credential of academic and55.26occupational proficiency; and establishes the wage rate and55.27other benefits for which youth apprentices are eligible while55.28employed during the program. 55.29 (d) Secondary school principals, counselors, or business 55.30 mentors familiar with the education to employment transitions 55.31 system must inform entering secondary school students about 55.32 available occupational and career opportunities and the option 55.33 of entering a youth apprenticeship or other work-based learning 55.34 program to obtain post-secondary academic and occupational 55.35 credentials. 55.36 Sec. 24. Minnesota Statutes 1998, section 124D.49, 56.1 subdivision 3, is amended to read: 56.2 Subd. 3. [LOCAL EDUCATION AND EMPLOYMENT TRANSITIONS 56.3 SYSTEMS.] A local education and employment transitions 56.4 partnership must assess the needs of employers, employees, and 56.5 learners, and develop a plan for implementing and achieving the 56.6 objectives of a local or regional education and employment 56.7 transitions system. The plan must provide for a comprehensive 56.8 local system for assisting learners and workers in making the 56.9 transition from school to work or for retraining in a new 56.10 vocational area. Theobjectivesexpected outcomes of a local 56.11 education and employment transitions system include: 56.12 (1) increasing the effectiveness of the educational 56.13 programsand curriculum of elementary, secondary, and56.14post-secondary schoolsthat meet state and local graduation 56.15 standards andthe work site in preparingprepare students in the 56.16 skills and knowledge needed to be successful in the workplace; 56.17 (2) implementing learner outcomes for students in grades 56.18kindergarten7 through 12 designed to introduce the world of 56.19 work and to explore career opportunities, including 56.20 nontraditional career opportunities; 56.21 (3)eliminating barriers to providing effective integrated56.22applied learning, service-learning, or work-based curriculum;56.23(4) increasing opportunities to apply academic knowledge56.24and skills, including skills needed in the workplace, in local56.25settings which include the school, school-based enterprises,56.26post-secondary institutions, the workplace, and the community;56.27(5) increasing applied instruction in the attitudes and56.28skills essential for success in the workplace, including56.29cooperative working, leadership, problem-solving, and respect56.30for diversity;56.31(6)providing staff training for vocational guidance 56.32 counselors, teachers, and other appropriate staff in the 56.33 importance of preparing learners for the transition to work, and 56.34 in methods of providing instruction that incorporate applied 56.35 learning, work-based learning, and service-learning experiences; 56.36(7)(4) identifying and enlisting local and regional 57.1 employers who can effectively provide work-based or 57.2 service-learning opportunities, including, but not limited to, 57.3 apprenticeships, internships, and mentorships; 57.4(8)(5) recruiting community and workplace mentors 57.5 including peers, parents, employers and employed individuals 57.6 from the community, and employers of high school students; 57.7(9)(6) identifying current and emerging educational, 57.8 training, and employment needs of the area or region, especially 57.9 within industries with potential for job growth; 57.10(10)(7) improving the coordination and effectiveness of 57.11 local vocational and job training programs, including vocational 57.12 education, adult basic education, tech prep, apprenticeship, 57.13 service-learning, youth entrepreneur, youth training and 57.14 employment programs administered by the commissioner of economic 57.15 security, and local job training programs under the Job Training 57.16 Partnership Act, United States Code, title 29, section 1501, et 57.17 seq.; 57.18(11)(8) identifying and applying for federal, state, 57.19 local, and private sources of funding for vocational or applied 57.20 learning programs; 57.21(12)(9) providing students with current information and 57.22 counseling about career opportunities, potential employment, 57.23 educational opportunities in post-secondary institutions, 57.24 workplaces, and the community, and the skills and knowledge 57.25 necessary to succeed; 57.26(13)(10) providing educational technology, including 57.27 interactive television networks and other distance learning 57.28 methods, to ensure access to a broad variety of work-based 57.29 learning opportunities; and 57.30(14)(11) including students with disabilities in a 57.31 district's vocational or applied learning program and ways to 57.32 serve at-risk learners through collaboration with area learning 57.33 centers under sections 123A.05 to 123A.09, or other alternative 57.34 programs; and. 57.35(15) providing a warranty to employers, post-secondary57.36education programs, and other post-secondary training programs,58.1that learners successfully completing a high school work-based58.2or applied learning program will be able to apply the knowledge58.3and work skills included in the program outcomes or graduation58.4requirements. The warranty shall require education and training58.5programs to continue to work with those learners that need58.6additional skill development until they can demonstrate58.7achievement of the program outcomes or graduation requirements.58.8 Sec. 25. Minnesota Statutes 1998, section 124D.50, 58.9 subdivision 2, is amended to read: 58.10 Subd. 2. [SERVICE-LEARNING PROGRAMS DEVELOPED.] The 58.11 commissioner, in consultation with the commission, shall develop 58.12 a service-learningprogram curriculum that includes apolicy 58.13 framework and strategies for youth community service and an 58.14 infrastructure for mentoring youth. The commissioner shall 58.15 include in the curriculum at least the following: 58.16 (1) youth community service strategies that enable young 58.17 people to make significant contributions to the welfare of their 58.18 community through such organizations as schools, colleges, 58.19 government agencies, and community-based organizations or 58.20 through individual efforts; 58.21 (2) mentoring strategies that enable young people to be 58.22 matched with caring, responsible individuals who can encourage 58.23 and guide the young people in their personal growth and 58.24 development; 58.25 (3) guidelines, criteria, and procedures for community 58.26 service programs that incorporate the results of the study in 58.27 subdivision 1; and 58.28 (4) criteria for community service activities and 58.29 service-learning. 58.30 Sec. 26. Minnesota Statutes 1998, section 124D.50, 58.31 subdivision 3, is amended to read: 58.32 Subd. 3. [STRUCTURING PROGRAMS ACCORDING TO GRADE OR 58.33 EDUCATION LEVEL.] The service-learningcurriculumframework must 58.34 accommodate students' grade level or the last completed grade 58.35 level of the participants not currently enrolled in school. 58.36 Schools must provide at least the following: 59.1 (1) for students in grades 7 to 9, an opportunity to learn 59.2 about service-learning activities and possible occupations; 59.3 (2) for students in grade 10, an opportunity to apply for 59.4 service-learning under section 124D.19 subdivision 10, and youth 59.5 apprenticeship programs; and 59.6 (3) for students in grades 11 and 12 and young people not 59.7 currently enrolled in school, an opportunity to become involved 59.8 in community service activities, participate in youth 59.9 apprenticeship programs, and, depending upon the individual's 59.10 demonstrated abilities, complete high school or pursue 59.11 post-secondary coursework. 59.12 Sec. 27. Minnesota Statutes 1998, section 124D.65, 59.13 subdivision 6, is amended to read: 59.14 Subd. 6. [PARTICIPATION OF NONPUBLIC SCHOOL PUPILS.] In 59.15 counting the number of pupils of limited English proficiency for 59.16 purposes of this section, districts may include pupils of 59.17 limited English proficiency who attend nonpublic schools in the 59.18 district. A district which counts those pupils and receives aid 59.19 pursuant to this section must offer those pupils the same 59.20 programs on the same terms that it offers to pupils of limited 59.21 English proficiency who attend the public school. A program 59.22 provided for a nonpublic school pupil pursuant to this 59.23 subdivision must be provided at a public schoolor, a neutral 59.24 site as defined in section 123B.41, subdivision 13, the 59.25 nonpublic school, or any other suitable location. The school 59.26 district must make the final decision on the location of these 59.27 services. Nonpublic school pupils served by a district's 59.28 educational program for pupils of limited English proficiency 59.29 must be counted for average daily membership pursuant to 59.30 sections 126C.01, subdivisions 6 to 8, and 126C.19, subdivisions 59.31 1 to 4. 59.32 Sec. 28. Minnesota Statutes 1998, section 124D.892, is 59.33 amended to read: 59.34 124D.892 [OFFICE OFDESEGREGATION/INTEGRATION.] 59.35 Subdivision 1. [ESTABLISHMENT.] (a)An office of59.36desegregation/integration is established inThedepartment60.1 commissioner of children, families, and learningtomust 60.2 coordinate and support activities related to student enrollment, 60.3 student and staff recruitment and retention, transportation, and 60.4 interdistrict cooperation amongmetropolitanschool districts. 60.5 (b) At the request of ametropolitanschool district 60.6 involved in cooperative desegregation/integration efforts, the 60.7officecommissioner shall perform any of the following 60.8 activities: 60.9 (1) assist districts with interdistrict student transfers, 60.10 including student recruitment, counseling, placement, and 60.11 transportation; 60.12 (2) coordinate and disseminate information about schools 60.13 and programs; 60.14 (3) assist districts with new magnet schools and programs; 60.15 (4) assist districts in providing staff development and 60.16 in-service training; and 60.17 (5) coordinate and administer staff exchanges. 60.18 (c) Theofficecommissioner shall collect data on the 60.19 efficacy of districts' desegregation/integration efforts and 60.20 make recommendations based on the data. Theofficecommissioner 60.21 shall periodically consult with the metropolitan council to 60.22 coordinate school desegregation/integration efforts with the 60.23 housing, social, economic, and infrastructure needs of the 60.24 metropolitan area. Theofficecommissioner shall develop a 60.25 process for resolving students' disputes and grievances about 60.26 student transfers under a desegregation/integration plan. 60.27 Subd. 2. [COORDINATION.] The commissioner may request 60.28 information or assistance from, or contract with, any state or 60.29 local agency or officer, local unit of government, or recognized 60.30 expert to assist the commissioner in performing the activities 60.31 described in subdivision 1. 60.32 Subd. 3. [ADVISORY BOARD.] The commissioner shall 60.33 establish an advisory board composed of: 60.34 (1) eight superintendents, each of whom shall be selected 60.35 by the superintendents of the school districts located in whole 60.36 or in part within each of the eight metropolitan districts 61.1 established under section 473.123, subdivision 3c; and 61.2 (2) one person each selected by the Indian affairs council, 61.3 the council on Asian-Pacific Minnesotans, the council on Black 61.4 Minnesotans, and the council on affairs of Chicano/Latino people. 61.5 The advisory board shall advise theofficecommissioner on 61.6 complying with the requirements under subdivision 1. The 61.7 advisory board may solicit comments from teachers, parents, 61.8 students, and interested community organizations and others. 61.9 Sec. 29. Minnesota Statutes 1999 Supplement, section 61.10 124D.94, subdivision 2, is amended to read: 61.11 Subd. 2. [CREATION OF FOUNDATION.] There is created the 61.12 Minnesota academic excellence foundation. Thepurpose of the61.13 foundation shallbe topromote academic excellence in Minnesota 61.14 public and nonpublic schools and communities through 61.15 public-private partnerships. The foundation shall be a 61.16 nonprofit organization. The board of directors of the 61.17 foundation and foundation activities are under the direction of 61.18 the commissioner of children, families, and learning. 61.19 Sec. 30. Minnesota Statutes 1998, section 124D.94, 61.20 subdivision 4, is amended to read: 61.21 Subd. 4. [FOUNDATION PROGRAMS.] The foundationmayshall 61.22 develop programs that advance the concept of educational 61.23 excellence in Minnesota public and nonpublic schools and 61.24 communities through public-private partnerships.These may61.25include, but are not limited to:61.26(a) recognition programs and awards for students61.27demonstrating academic excellence;61.28(b) summer institute programs for students with special61.29talents;61.30(c) recognition programs for teachers, administrators, and61.31others who contribute to academic excellence;61.32(d) summer mentorship programs with business and industry61.33for students with special career interests and high academic61.34achievements;61.35(e) governor's awards ceremonies and special campaigns to61.36promote awareness and expectation for academic achievement;62.1(f) an academic league to provide organized challenges62.2requiring cooperation and competition for public and nonpublic62.3pupils in elementary and secondary schools;62.4(g) systemic transformation initiatives and assistance and62.5training to community teams to increase school performance in62.6the state's education institutions through strategic quality62.7planning for continuous improvement, empowerment of multiple62.8stakeholders, validation of results via customer-supplier62.9relationships, and a total system approach based on best62.10practices in key process areas; and62.11(h) activities to measure customer satisfaction for62.12delivery of services to education institutions in order to plan62.13for and implement continuous improvement.62.14To the extent possible, the foundation shall make these62.15programs available to students in all parts of the state.62.16 Sec. 31. [REVISOR INSTRUCTION.] 62.17 In the next and subsequent editions of Minnesota Statutes 62.18 and Minnesota Rules, the revisor of statutes shall renumber each 62.19 section of Minnesota Statutes in column A with the number in 62.20 column B. The revisor shall also make necessary cross-reference 62.21 changes consistent with the renumbering. 62.22 Column A Column B 62.23 62.24 124D.35 124D.46, subd. 5 62.25 62.26 124D.46, subd. 4 268.665, subd. 7 62.27 62.28 124D.47, subd. 2 124D.46, subd. 6 62.29 Sec. 32. [REPEALER.] 62.30 Minnesota Statutes 1998, sections 124D.02, subdivision 4; 62.31 124D.06; 124D.07; 124D.081, subdivision 1; 124D.118, subdivision 62.32 1; 124D.124; 124D.125, subdivisions 1, 2, 4, and 5; 124D.30; 62.33 124D.47, subdivision 1; 124D.91; 124D.92; and 124D.93, 62.34 subdivisions 2, 3, and 6; and Minnesota Statutes 1999 62.35 Supplement, sections 124D.122; 124D.127; and 124D.93, 62.36 subdivisions 1, 4, and 5, are repealed. 62.37 Sec. 33. [EFFECTIVE DATE.] 62.38 Sections 1 to 32 are effective for the 2000-2001 school 62.39 year and later. 63.1 ARTICLE 8 63.2 EDUCATION AND TECHNOLOGY 63.3 Section 1. Minnesota Statutes 1998, section 125B.05, as 63.4 amended by Laws 1999, chapter 241, article 5, section 15, is 63.5 amended to read: 63.6 125B.05 [STATE INFORMATION SYSTEM.] 63.7 Subdivision 1. [INFORMATION SYSTEM.] The department of 63.8 children, families, and learning shall develop and maintaina63.9computerizedan information system for state information needs. 63.10 Subd. 2. [PURPOSES.] The purposes of thecomputerized63.11 information system shall be: 63.12 (a) To provide comparable and accurate educational 63.13 information in a manner which is timely and economical; 63.14 (b) To ensure accountability for state appropriations; 63.15 (c) To collect data to assess the needs of learners and 63.16 children; 63.17 (d) To provide school districts with an educational 63.18 information system capability which will meet school district 63.19 management needs; and 63.20 (e) To provide forcomputerizedanalysis of educational 63.21 information to meet the management needs of the state of 63.22 Minnesota. 63.23 Subd. 3. [SOFTWARE DEVELOPMENT.] A school district, 63.24 charter school, or cooperative unit may not implement a 63.25 financial, student, or staff software system until the system 63.26 has been reviewed by the department to ensure that it provides 63.27 the required data elements and format. 63.28 Sec. 2. Minnesota Statutes 1999 Supplement, section 63.29 125B.20, is amended to read: 63.30 125B.20 [TELECOMMUNICATION ACCESS GRANT AND STATEWIDE 63.31 COORDINATION.] 63.32 Subdivision 1. [ESTABLISHMENT;PURPOSEOUTCOMES.]The63.33purpose of developing a statewide school district63.34telecommunications network is to expand the availability of a63.35broad range of courses and degrees to students throughout the63.36state, to share information resources to improve access,64.1quality, and efficiency, to improve learning, and distance64.2cooperative learning opportunities, and to promote the exchange64.3of ideas among students, parents, teachers, media generalists,64.4librarians, and the public. In addition, through the64.5development of this statewide telecommunications network64.6emphasizing cost-effective, competitive connections, all64.7Minnesotans will benefit by enhancing access to64.8telecommunications technology throughout the state. Network64.9connections for school districts and public libraries are64.10coordinated and fully integrated into the existing state64.11telecommunications and interactive television networks to64.12achieve comprehensive and efficient interconnectivity of school64.13districts and libraries to higher education institutions, state64.14agencies, other governmental units, agencies, and institutions64.15throughout Minnesota.Expanding the ranges of courses available 64.16 to students throughout the state is the expected outcome of 64.17 developing a statewide telecommunications network. A school 64.18 district may apply to the commissioner for a grant under 64.19 subdivision 2, and a regional public library may apply under 64.20 subdivision 3. The Minnesota education telecommunications 64.21 council established in Laws 1995, First Special Session chapter 64.22 3, article 12, section 7, shall establish priorities for 64.23 awarding grants, making grant awards, and being responsible for 64.24 the coordination of networks. 64.25 Subd. 2. [SCHOOL DISTRICT TELECOMMUNICATIONS GRANT.] (a) 64.26 Priority will be given to a school district that has not 64.27 received access to interactive video, data connection, or both 64.28 under the telecommunications access grant program. Districts 64.29 may apply for a grant under this subdivision to: (1) establish 64.30 connections among school districts, and between school districts 64.31 and the state information infrastructure administered by the 64.32 department of administration under section 16B.465; or (2) if 64.33 such a connection meeting minimum electronic connectivity 64.34 standards is already established, enhance telecommunications 64.35 capacity for a school district. A district may submit a grant 64.36 application for interactive television with higher capacity 65.1 connections in order to maintain multiple simultaneous 65.2 connections.To ensure coordination among school districts, a65.3school district must submit its grant application to the council65.4through the telecommunications access grant cluster of which the65.5district is a member.65.6 (b) The application from a school district must, at a 65.7 minimum, contain information to document for each applicant 65.8 school district the following: 65.9 (1) that the proposed connection meets the minimum 65.10 standards and employs an open network architecture that will 65.11 ensure interconnectivity and interoperability with other 65.12 education institutions and libraries; 65.13 (2) that the proposed connection and system will be 65.14 connected to the state information infrastructure through the 65.15 department of administration under section 16B.465; 65.16 (3) that the proposed connection and system will be 65.17 connected to the higher education telecommunication network and 65.18 that a governance agreement has been adopted which includes 65.19 agreements between the school district system, a higher 65.20 education regional council, libraries, and coordinating 65.21 entities; 65.22 (4) the telecommunication vendor selected to provide 65.23 service from the district to a state information infrastructure 65.24 hub or to a more cost-effective connection point to the state 65.25 information infrastructure; and 65.26 (5) other information, as determined by the commissioner in 65.27 consultation with the education telecommunications council, to 65.28 ensure that connections are coordinated, meet state standards 65.29 and are cost-effective, and that service is provided in an 65.30 efficient and cost-effective manner. 65.31(c) A school district may include, in its grant65.32application, telecommunications access for collaboration with65.33nonprofit arts organizations for the purpose of educational65.34programs, or access for a secondary media center that: (1) is a65.35member of a multitype library system; (2) is open during periods65.36of the year when classroom instruction is occurring; and (3) has66.1licensed school media staff on site.66.2(d)(c) The Minnesota education telecommunications council 66.3 shall award grants and the funds shall be dispersed by the 66.4 commissioner. Grant applications must be submitted to the 66.5 commissioner by a telecommunications access grant cluster 66.6 organization. For the purposes of the grant, a school district 66.7 may include a charter school under section 124D.10, or the 66.8 Minnesota state academies. Based on the award made by the 66.9 council, all grants under this subdivision shall be paid by the 66.10 commissioner directly to a school district (unless this 66.11 application requests that the funds be paid to the coordinating 66.12 agency). Nonpublic schools as defined in section 237.065, 66.13 subdivision 2, located within the district may access the 66.14 network. The nonpublic school is responsible for actual costs 66.15 for connection from the school to the access site. 66.16(e)(d) Money awarded under this section may be used only 66.17 for the purposes explicitly stated in the grant application. 66.18 Subd. 3. [REGIONAL LIBRARY TELECOMMUNICATION GRANT.] (a) A 66.19 regional public library system may apply for a telecommunication 66.20 access grant. Priority will be given to public libraries that 66.21 have not received access to data connection under the 66.22 telecommunications access grant program. The grant must be used 66.23 to create or expand the capacity of electronic data access and 66.24 connect the library system with the state information 66.25 infrastructure administered by the department of administration 66.26 under section 16B.465. To be eligible for a telecommunications 66.27 access grant, a regional public library system must meet the 66.28 level of local support required under section 134.34. 66.29 (b) Any grant award under this subdivision may not be used 66.30 to substitute for any existing local funds allocated to provide 66.31 electronic access, or equipment for library staff or the public, 66.32 or local funds previously dedicated to other library operations. 66.33 (c) An application for a regional public library 66.34 telecommunications access grant must, at a minimum, contain 66.35 information to document the following: 66.36 (1) that the connection meets the minimum standards and 67.1 employs an open network architecture that will ensure 67.2 interconnectivity and interoperability with other libraries and 67.3 the educational system; 67.4 (2) that the connection is being established through the 67.5 most cost-effective means and that the public library has 67.6 explored and coordinated connections through school districts or 67.7 other governmental agencies; 67.8 (3) that the proposed connection and system will be 67.9 connected to the state information infrastructure through the 67.10 department of administration under section 16B.465; 67.11 (4) that the proposed connection and system will be 67.12 connected to the higher education and to the school district 67.13 telecommunication networks subject to a governance agreement 67.14 with one or more school districts and a higher education 67.15 regional council specifying how the system will be coordinated; 67.16 (5) the telecommunication vendor selected to provide 67.17 service from the library to a state information infrastructure 67.18 hub or through a more cost-effective connection point to the 67.19 state information infrastructure; and 67.20 (6) other information, as determined by the commissioner, 67.21 to ensure that connections are coordinated, meet state 67.22 standards, are cost-effective, and that service is provided in 67.23 an efficient and cost-effective manner so that libraries 67.24 throughout the state are connected in as seamless a manner as 67.25 technically possible. 67.26 Subd. 4. [AWARD OF GRANTS.] The council shall develop 67.27 application forms and procedures for telecommunication access 67.28 grants. The council shall select the grant recipientand shall67.29promptly notify any applicant that is found not to be67.30qualified. The commissioner shall make the grant payments 67.31 directly to the school district or regional library system. At 67.32 the request of the district or regional library system, the 67.33 commissioner may make the grant payment directly to the 67.34 coordinating organization. 67.35 Subd. 5. [E-RATES.] The telecommunication access grant 67.36 clusters are required to file e-rate applications for 68.1 telecommunication access grant-related expenditures on behalf of 68.2 grant participants in their clusters. Discounts received on 68.3 telecommunication access grant expenditures shall be used to 68.4 offset or reduce operations funding provided by the state. 68.5 Sec. 3. [REPEALER.] 68.6 Minnesota Statutes 1998, section 125B.02, is repealed. 68.7 Sec. 4. [EFFECTIVE DATE.] 68.8 Sections 1 to 3 are effective for the 2000-2001 school year 68.9 and later. 68.10 ARTICLE 9 68.11 EDUCATION FUNDING 68.12 Section 1. Minnesota Statutes 1999 Supplement, section 68.13 126C.05, subdivision 1, is amended to read: 68.14 Subdivision 1. [PUPIL UNIT.] Pupil units for each 68.15 Minnesota resident pupil in average daily membership enrolled in 68.16 the district of residence, in another district under sections 68.17 123A.05 to 123A.08, 124D.03, 124D.06, 124D.07, 124D.08, or 68.18 124D.68; in a charter school under section 124D.10; or for whom 68.19 the resident district pays tuition under section 123A.18, 68.20 123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88, 68.21 subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or 68.22 125A.65, shall be counted according to this subdivision. A 68.23 district may not count a person, other than a person enrolled in 68.24 the graduation incentives program under section 124D.68, who is 68.25 over the age of 21 or who has graduated from high school and is 68.26 enrolled as a part-time student in a class or program as a pupil 68.27 unit. 68.28 (a) A prekindergarten pupil with a disability who is 68.29 enrolled in a program approved by the commissioner and has an 68.30 individual education plan is counted as the ratio of the number 68.31 of hours of assessment and education service to 825 times 1.25 68.32 with a minimum of 0.28, but not more than 1.25. 68.33 (b) A prekindergarten pupil who is assessed but determined 68.34 not to be handicapped is counted as the ratio of the number of 68.35 hours of assessment service to 825 times 1.25. 68.36 (c) A kindergarten pupil with a disability who is enrolled 69.1 in a program approved by the commissioner is counted as the 69.2 ratio of the number of hours of assessment and education 69.3 services required in the fiscal year by the pupil's individual 69.4 education program plan to 875, but not more than one. 69.5 (d) A kindergarten pupil who is not included in paragraph 69.6 (c) is counted as .557 of a pupil unit for fiscal year 2000 and 69.7 thereafter. 69.8 (e) A pupil who is in any of grades 1 to 3 is counted as 69.9 1.115 pupil units for fiscal year 2000 and thereafter. 69.10 (f) A pupil who is any of grades 4 to 6 is counted as 1.06 69.11 pupil units for fiscal year 1995 and thereafter. 69.12 (g) A pupil who is in any of grades 7 to 12 is counted as 69.13 1.3 pupil units. 69.14 (h) A pupil who is in the post-secondary enrollment options 69.15 program is counted as 1.3 pupil units. 69.16 Sec. 2. Minnesota Statutes 1998, section 126C.31, is 69.17 amended to read: 69.18 126C.31 [POLICY.] 69.19Financing the education of our children is one of state69.20government's most important functions. In performing this69.21function, the state seeks to provide sufficient funding while69.22encouraging equity, accountability, and incentives toward69.23quality improvement. To help achieve these goals and to help69.24control future spending growth,The state will fund core 69.25 instruction and related support services,will facilitate69.26improvement in the quality and delivery of programs and services69.27 encourage equity and accountability, andwillequalize revenues 69.28 raised locally for discretionary purposes. 69.29 Sec. 3. [REPEALER.] 69.30 Minnesota Statutes 1998, section 124D.68, subdivision 8, is 69.31 repealed. 69.32 Sec. 4. [EFFECTIVE DATE.] 69.33 Sections 1 to 3 are effective for the 2000-2001 school year 69.34 and later. 69.35 ARTICLE 10 69.36 STATE ADMINISTRATION OF EDUCATION 70.1 Section 1. Minnesota Statutes 1999 Supplement, section 70.2 127A.05, subdivision 1, is amended to read: 70.3 Subdivision 1. [APPOINTMENT AND DUTIES.] The department 70.4 shall be under the administrative control of the commissioner of 70.5 children, families, and learning which office is established. 70.6 The governor shall appoint the commissioner under the provisions 70.7 of section 15.06. 70.8 The commissioner shall be a person who possesses 70.9 educational attainment and breadth of experience in the 70.10 administration of public education and of the finances 70.11 pertaining thereto commensurate with the spirit and intent of 70.12 this code. Notwithstanding any other law to the contrary, the 70.13 commissioner may appoint up to two deputy commissioners who 70.14 shall serve in the unclassified service. The commissioner shall 70.15 also appoint other employees as may be necessary for the 70.16 organization of the department. The commissioner shall perform 70.17 such duties as the law and rules may provide and be held 70.18 responsible for the efficient administration and discipline of 70.19 the department. The commissioner is charged with the execution 70.20 of powers and duties to promote public education in the state 70.21 and to safeguard the finances pertaining thereto. 70.22 Sec. 2. Minnesota Statutes 1998, section 127A.05, 70.23 subdivision 3, is amended to read: 70.24 Subd. 3. [GENERAL SUPERVISION OVER PUBLIC SCHOOLS AND 70.25 EDUCATIONAL AGENCIES.] The commissioner of children, families, 70.26 and learning shalladopt goals for andexercise general 70.27 supervision over public schools and other public educational 70.28 agencies in the state, classify and standardize public70.29elementary and secondary schools, and prepare for them outlines70.30and suggested courses of study. The commissioner shall develop70.31a plan to attain the adopted goals. The commissioner may 70.32 recognize educational accrediting agencies for the sole purposes 70.33 of sections 120A.22, 120A.24, and 120A.26. 70.34 Sec. 3. Minnesota Statutes 1998, section 127A.06, is 70.35 amended to read: 70.36 127A.06 [RECOMMENDATIONS; BUDGET.] 71.1The commissioner of children, families, and learning shall71.2recommend to the governor and legislature such modification and71.3unification of laws relating to the state system of education as71.4shall make those laws more readily understood and more effective71.5in execution.The commissioner of children, families, and 71.6 learning shall prepare a biennial education budget which shall 71.7 be submitted to the governor and legislature, such budget to 71.8 contain a complete statement of finances pertaining to the 71.9maintenanceoperations of the state department and to the 71.10 distribution of state aid. 71.11 Sec. 4. Minnesota Statutes 1998, section 127A.41, 71.12 subdivision 7, is amended to read: 71.13 Subd. 7. [SCHEDULE ADJUSTMENTS.](a) It is the intention71.14of the legislature to encourage efficient and effective use of71.15staff and facilities by districts. Districts are encouraged to71.16consider both cost and energy saving measures.71.17(b)Any district operating a program pursuant to sections 71.18 124D.12 to 124D.127, 124D.128, or 124D.25 to 124D.29, or 71.19 operating a commissioner-designated area learning center program 71.20 under section 123A.09, or that otherwise receives the approval 71.21 of the commissioner to operate its instructional program to 71.22 avoid an aid reduction in any year, may adjust the annual school 71.23 schedule for that program throughout the calendar year. 71.24 Sec. 5. [REPEALER.] 71.25 Minnesota Statutes 1998, section 127A.41, subdivision 4, is 71.26 repealed. 71.27 Sec. 6. [EFFECTIVE DATE.] 71.28 Sections 1 to 5 are effective for the 2000-2001 school year 71.29 and later. 71.30 ARTICLE 11 71.31 ARTS SCHOOL 71.32 Section 1. Minnesota Statutes 1999 Supplement, section 71.33 129C.10, subdivision 3, is amended to read: 71.34 Subd. 3. [POWERS AND DUTIES OF BOARD.] (a) The board has 71.35 the powers necessary for the care, management, and control of 71.36 the Perpich center for arts education and all its real and 72.1 personal property. The powers shall include, but are not 72.2 limited to, those listed in this subdivision. 72.3 (b) The board may employ and discharge necessary employees, 72.4 and contract for other services to ensure the efficient 72.5 operation of the center for arts education. 72.6 (c) The board may receive and award grants. The board may 72.7 establish a charitable foundation and accept, in trust or 72.8 otherwise, any gift, grant, bequest, or devise for educational 72.9 purposes and hold, manage, invest, and dispose of them and the 72.10 proceeds and income of them according to the terms and 72.11 conditions of the gift, grant, bequest, or devise and its 72.12 acceptance. The board must adopt internal procedures to 72.13 administer and monitor aids and grants. 72.14 (d)The board may establish or coordinate evening,72.15continuing education, extension, and summer programs for72.16teachers and pupils.72.17(e) The board may identify pupils who have artistic talent,72.18either demonstrated or potential, in dance, literary arts, media72.19arts, music, theater, and visual arts, or in more than one art72.20form.72.21(f)The board must educate pupils with artistic talent by 72.22 providing: 72.23 (1) an interdisciplinary academic and arts program for 72.24 pupils in the 11th and 12th grades. The total number of pupils 72.25 accepted under this clauseand clause (2)shall not exceed 300; 72.26 (2)additional instruction to pupils for a 13th grade.72.27Pupils eligible for this instruction are those enrolled in 12th72.28grade who need extra instruction and who apply to the board, or72.29pupils enrolled in the 12th grade who do not meet learner72.30outcomes established by the board;72.31(3)intensive arts seminarsfor one or two weeksfor pupils 72.32 in grades 9 to 12; 72.33(4)(3) summer arts institutes for pupils in grades 9 to 72.34 12; 72.35(5)(4) artist mentor and extension programs in regional 72.36 sites; and 73.1(6)(5) teacher education programsfor indirect curriculum73.2delivery. 73.3(g) The board may determine the location for the Perpich73.4center for arts education and any additional facilities related73.5to the center, including the authority to lease a temporary73.6facility.73.7(h)(e) The board must plan for the enrollment of pupils on 73.8 an equal basis from each congressional district. 73.9(i) The board may establish task forces as needed to advise73.10the board on policies and issues. The task forces expire as73.11provided in section 15.059, subdivision 6.73.12(j) The board may request the commissioner of children,73.13families, and learning for assistance and services.73.14(k)(f) The board may enter into contracts with other 73.15 public and private agencies and institutions for residential and 73.16 building maintenance services if it determines that these 73.17 services could be provided more efficiently and less expensively 73.18 by a contractor than by the board itself. The board may also 73.19 enter into contracts with public or private agencies and 73.20 institutions, school districts or combinations of school 73.21 districts, or service cooperatives to provide supplemental 73.22 educational instruction and services. 73.23(l)(g) The board may provide or contract for services and 73.24 programs by and for the center for arts education, including a 73.25 store, operating in connection with the center; theatrical 73.26 events; and other programs and services that, in the 73.27 determination of the board, serve the purposes of the center. 73.28(m)(h) The board may provide for transportation of pupils 73.29 to and from the center for arts education for all or part of the 73.30 school year, as the board considers advisable and subject to its73.31rules. Notwithstanding any other law to the contrary,and the 73.32 board may charge a reasonable fee for transportation of pupils. 73.33 Every driver providing transportation of pupils under this 73.34 paragraph must possess all qualifications required by the 73.35 commissioner of children, families, and learning. The board may 73.36 contract for furnishing authorized transportation under rules 74.1 established by the commissioner of children, families, and 74.2 learning and may purchase and furnish gasoline to a contract 74.3 carrier for use in the performance of a contract with the board 74.4 for transportation of pupils to and from the center for arts 74.5 education. When transportation is provided, scheduling of 74.6 routes, establishment of the location of bus stops, the manner 74.7 and method of transportation, the control and discipline of 74.8 pupils, and any other related matter is within the sole 74.9 discretion, control, and management of the board. 74.10(n)(i) The board may provide room and board for its pupils. 74.11 If the board provides room and board, it shall charge a 74.12 reasonable fee for the room and board. The fee is not subject 74.13 to chapter 14 and is not a prohibited fee according to sections 74.14 123B.34 to 123B.39. 74.15(o)(j) The board may establish and set fees for services 74.16 and programs. If the board sets fees not authorized or 74.17 prohibited by the Minnesota public school fee law, it may do so 74.18 without complying with the requirements of section 123B.38. 74.19(p)(k) The board may apply for all competitive grants 74.20 administered by agencies of the state and other government or 74.21 nongovernment sources. 74.22 Sec. 2. [EFFECTIVE DATE.] 74.23 Section 1 is effective for the 2000-2001 school year. 74.24 ARTICLE 12 74.25 REPEAL OF RULES 74.26 Section 1. [REPEALER.] 74.27 Minnesota Rules, parts 3505.4300; 3520.0400; 3530.2610; 74.28 3530.2612; 3530.2614; 3530.2616; 3530.2618; 3530.2620; 74.29 3530.2622; 3530.2624; 3530.2626; 3530.2628; 3530.2630; 74.30 3530.2632; 3530.2634; 3530.2636; 3530.2638; 3530.2640; 74.31 3530.2642; 3530.2644; 3545.0600; 3545.0700; 3545.0800; 74.32 3545.0900; and 3550.0100, are repealed. 74.33 Sec. 2. [EFFECTIVE DATE.] 74.34 Section 1 is effective the day following final enactment.