Minnesota Legislature
HF 2874
3rd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to education; kindergarten through grade 12; 1.3 providing for general education; special education; 1.4 interagency services and lifelong learning; facilities 1.5 and organization; policies promoting academic 1.6 excellence; education policy issues; libraries; state 1.7 agencies; appropriating money; amending Minnesota 1.8 Statutes 1996, sections 43A.17, subdivisions 9 and 10; 1.9 120.03, subdivision 1; 120.06, subdivision 2a; 1.10 120.064, subdivisions 5 and 11; 120.101, subdivision 1.11 3; 120.17, subdivisions 1, 2, 3, 3a, 3b, 6, 7, 9, and 1.12 15; 120.1701, subdivisions 2, 5, 11, and 17; 120.173, 1.13 subdivisions 1 and 6; 120.73, subdivision 1; 121.1115, 1.14 by adding subdivisions; 121.908, subdivisions 2 and 3; 1.15 122.23, subdivision 6; 123.35, subdivision 19a; 1.16 123.39, subdivision 1, and by adding a subdivision; 1.17 123.935, subdivisions 1 and 2; 124.14, subdivision 7, 1.18 and by adding a subdivision; 124.17, subdivision 2, 1.19 and by adding a subdivision; 124.248, subdivisions 1 1.20 and 1a; 124.2713, subdivision 6a; 124.273, by adding a 1.21 subdivision; 124.32, by adding a subdivision; 1.22 124.3201, subdivision 5; 124.323, by adding a 1.23 subdivision; 124.646, subdivision 4; 124.755, 1.24 subdivision 1; 124.95, subdivision 6; 124A.03, 1.25 subdivisions 2b and 3c; 124A.034, subdivision 2; 1.26 124A.036, subdivisions 1a, 4, 6, and by adding a 1.27 subdivision; 124A.22, by adding a subdivision; 1.28 124A.292, subdivision 3; 124A.30; 124C.45, subdivision 1.29 2; 124C.47; 124C.48, by adding a subdivision; 125.191; 1.30 126.237; 127.27, subdivisions 2 and 4; 256B.0625, 1.31 subdivision 26; 260.015, subdivision 19; and 260.132, 1.32 subdivision 4; Minnesota Statutes 1997 Supplement, 1.33 sections 120.101, subdivision 5; 120.1701, subdivision 1.34 3; 120.181; 121.11, subdivision 7c; 121.1113, 1.35 subdivision 1; 121.904, subdivision 4a; 124.17, 1.36 subdivisions 1d, 6, and 7; 124.248, subdivisions 2a 1.37 and 6; 124.2601, subdivisions 3 and 6; 124.2711, 1.38 subdivision 2a; 124.2713, subdivision 6; 124.3111, 1.39 subdivisions 2 and 3; 124.3201, subdivisions 1, 2, and 1.40 4; 124.6475; 124.648, subdivision 3; 124.91, 1.41 subdivisions 1 and 5; 124.916, subdivision 2; 1.42 124A.036, subdivision 5; 124A.22, subdivisions 1 and 1.43 11; 124A.23, subdivision 1; 124A.28, subdivisions 1 1.44 and 1a; 124C.46, subdivisions 1 and 2; 126.79, 1.45 subdivisions 3, 6, 7, 8, and 9; 127.27, subdivisions 1.46 10 and 11; 127.281; 127.31, subdivision 15; 127.32; 2.1 127.36, subdivision 1; and 127.38; Laws 1992, chapter 2.2 499, article 7, section 31; Laws 1997, First Special 2.3 Session chapter 4, article 1, section 58; article 1, 2.4 section 61, subdivision 3; article 2, section 51, 2.5 subdivisions 2, 4, 5, and 29; article 3, section 23, 2.6 by adding a subdivision; article 3, section 25, 2.7 subdivisions 2 and 4; article 4, section 35, 2.8 subdivision 9; article 5, section 24, subdivision 4; 2.9 article 5, section 28, subdivisions 4, 9, and 12; 2.10 article 6, section 20, subdivision 4; article 8, 2.11 section 4, subdivision 3; article 9, section 11; 2.12 article 9, section 12, subdivision 8; article 10, 2.13 section 3, subdivision 2; article 10, section 4; and 2.14 article 10, section 5; proposing coding for new law in 2.15 Minnesota Statutes, chapters 120; 124A; and 126; 2.16 repealing Minnesota Statutes 1996, sections 124.2713, 2.17 subdivision 6b; 124.647; 124A.292, subdivisions 2 and 2.18 4; 124A.697; 124A.698; 124A.70; 124A.71; 124A.711, 2.19 subdivision 1; 124A.72; 124A.73; and 126.12; Minnesota 2.20 Statutes 1997 Supplement, sections 124.2601, 2.21 subdivisions 4 and 5; 124.912, subdivisions 2 and 3; 2.22 124A.711, subdivision 2; and 135A.081; Laws 1993, 2.23 chapter 146, article 5, section 20, as amended; Laws 2.24 1997, chapter 231, article 1, section 17; Minnesota 2.25 Rules, part 3525.2750, subpart 1, item B. 2.26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.27 ARTICLE 1 2.28 GENERAL EDUCATION 2.29 Section 1. Minnesota Statutes 1997 Supplement, section 2.30 121.904, subdivision 4a, is amended to read: 2.31 Subd. 4a. [LEVY RECOGNITION.] (a) "School district tax 2.32 settlement revenue" means the current, delinquent, and 2.33 manufactured home property tax receipts collected by the county 2.34 and distributed to the school district, including distributions 2.35 made pursuant to section 279.37, subdivision 7, and excluding 2.36 the amount levied pursuant to section 124.914, subdivision 1. 2.37 (b) In June of each year, the school district shall 2.38 recognize as revenue, in the fund for which the levy was made, 2.39 the lesser of: 2.40 (1) the May, June, and July school district tax settlement 2.41 revenue received in that calendar year; or 2.42 (2) the sum of the state aids and credits enumerated in 2.43 section 124.155, subdivision 2, which are for the fiscal year 2.44 payable in that fiscal year plus an amount equal to the levy 2.45 recognized as revenue in June of the prior year plus 31 percent 2.46 of the amount of the levy certified in the prior calendar year 2.47 according to section 124A.03, subdivision 2; or 2.48 (3)(i)7.06.8 percent of the lesser of the amount of the 3.1 general education levy certified in the prior calendar year 3.2 according to section 124A.23, subdivision 2, or the difference 3.3 between the amount of the total general fund levy certified in 3.4 the prior calendar year and the sum of the amounts certified in 3.5 the prior calendar year according to sections 124A.03, 3.6 subdivision 2; 124.315, subdivision 4; 124.912, subdivisions 1, 3.7 paragraph (2), 2, and 3; 124.916, subdivisions 1, 2, and 3, 3.8 paragraphs (4), (5), and (6); and 124.918, subdivision 6; plus 3.9 (ii) 31 percent of the referendum levy certified in the 3.10 prior calendar year according to section 124A.03, subdivision 2; 3.11 plus 3.12 (iii) the entire amount of the levy certified in the prior 3.13 calendar year according to sections 124.315, subdivision 4; 3.14 124.912, subdivisions 1, paragraph (2), 2, and 3; 124.916, 3.15 subdivisions 1, 2, and 3, paragraphs (4), (5), and (6); and 3.16 124.918, subdivision 6. 3.17 (c) In July of each year, the school district shall 3.18 recognize as revenue that portion of the school district tax 3.19 settlement revenue received in that calendar year and not 3.20 recognized as revenue for the previous fiscal year pursuant to 3.21 clause (b). 3.22 (d) All other school district tax settlement revenue shall 3.23 be recognized as revenue in the fiscal year of the settlement. 3.24 Portions of the school district levy assumed by the state, 3.25 including prior year adjustments and the amount to fund the 3.26 school portion of the reimbursement made pursuant to section 3.27 273.425, shall be recognized as revenue in the fiscal year 3.28 beginning in the calendar year for which the levy is payable. 3.29 Sec. 2. Minnesota Statutes 1996, section 121.908, 3.30 subdivision 2, is amended to read: 3.31 Subd. 2. Each district shall submit to the commissioner by 3.32AugustSeptember 15 of each yearanunaudited financial 3.33statementdata for the preceding fiscal year. Thisstatement3.34 financial data shall be submittedon formsin the format 3.35 prescribed by the commissioner. 3.36 Sec. 3. Minnesota Statutes 1996, section 121.908, 4.1 subdivision 3, is amended to read: 4.2 Subd. 3. ByDecember 31November 30 of the calendar year 4.3 of the submission of the unaudited financialstatementdata, the 4.4 district shall provide to the commissionerand state auditor an4.5 audited financial data for the preceding fiscal year. An 4.6 audited financial statement prepared in a form which will allow 4.7 comparison with and correction of material differences in the 4.8 unauditedstatementfinancial data shall be submitted to the 4.9 commissioner and the state auditor by November 30. The audited 4.10 financial statement must also provide a statement of assurance 4.11 pertaining to uniform financial accounting and reporting 4.12 standards compliance and a copy of the management letter 4.13 submitted to the district by the school district's auditor. 4.14 Sec. 4. Minnesota Statutes 1996, section 123.39, 4.15 subdivision 1, is amended to read: 4.16 Subdivision 1. The board may provide for the 4.17 transportation of pupils to and from school and for any other 4.18 purpose. The board may also provide for the transportation of 4.19 pupils to schools in other districts for grades and departments 4.20 not maintained in the district, including high school, at the 4.21 expense of the district, when funds are available therefor and 4.22 if agreeable to the district to which it is proposed to 4.23 transport the pupils, for the whole or a part of the school 4.24 year, as it may deem advisable, and subject to its rules. In 4.25 any school district, the board shall arrange for the attendance 4.26 of all pupils living two miles or more from the school, except 4.27 pupils whose transportation privileges have been revoked under 4.28 section 123.805, subdivision 1, clause (6), or 123.7991, 4.29 paragraph (b), through suitable provision for transportation or 4.30 through the boarding and rooming of the pupils who may be more 4.31 economically and conveniently provided for by that 4.32 means. Arrangement for attendance may include a requirement 4.33 that the student's parent or guardian request transportation 4.34 services from the school district. The board shall provide 4.35 transportation to and from the home of a child with a disability 4.36 not yet enrolled in kindergarten when special instruction and 5.1 services under sections 120.17 and 120.1701 are provided in a 5.2 location other than in the child's home. When transportation is 5.3 provided, scheduling of routes, establishment of the location of 5.4 bus stops, manner and method of transportation, control and 5.5 discipline of school children and any other matter relating 5.6 thereto shall be within the sole discretion, control, and 5.7 management of the school board. The district may provide for 5.8 the transportation of pupils or expend a reasonable amount for 5.9 room and board of pupils whose attendance at school can more 5.10 economically and conveniently be provided for by that means or 5.11 who attend school in a building rented or leased by a district 5.12 within the confines of an adjacent district. 5.13 Sec. 5. Minnesota Statutes 1996, section 123.39, is 5.14 amended by adding a subdivision to read: 5.15 Subd. 1a. [VOLUNTARY SURRENDER OF TRANSPORTATION 5.16 PRIVILEGES.] The parent or guardian of a secondary student may 5.17 voluntarily surrender the secondary student's to and from school 5.18 transportation privileges granted under subdivision 1. A 5.19 district may reduce parking fees or offer other incentives to a 5.20 student who voluntarily waives these transportation privileges. 5.21 The school district shall inform each secondary student who has 5.22 voluntarily surrendered transportation privileges of the 5.23 location of the nearest school bus stop and establish a policy 5.24 allowing the student to ride the bus on an occasional basis. 5.25 The district must also establish a process to allow a student to 5.26 regain transportation privileges if the student's circumstances 5.27 change during the school year. 5.28 Sec. 6. Minnesota Statutes 1996, section 124.14, 5.29 subdivision 7, is amended to read: 5.30 Subd. 7. [APPROPRIATION TRANSFERS.] If a direct 5.31 appropriation from the general fund to the department of 5.32 children, families, and learning for any education aid or grant 5.33 authorized in this chapter and chapters 121, 123, 124A, 124C, 5.34 125, 126, and 134, excluding appropriations under sections 5.35 124.255, 124.26, 124.2601, 124.2605, 124.261, 124.2615, 5.36 124.2711, 124.2712, 124.2713, 124.2714, 124.2715, and 124.2716, 6.1 exceeds the amount required, the commissioner of children, 6.2 families, and learning may transfer the excess to any education 6.3 aid or grant appropriation that is insufficient. However, 6.4 section 124A.032 applies to a deficiency in the direct 6.5 appropriation for general education aid. Excess appropriations 6.6 shall be allocated proportionately among aids or grants that 6.7 have insufficient appropriations. The commissioner of finance 6.8 shall make the necessary transfers among appropriations 6.9 according to the determinations of the commissioner of children, 6.10 families, and learning. If the amount of the direct 6.11 appropriation for the aid or grant plus the amount transferred 6.12 according to this subdivision is insufficient, the commissioner 6.13 shall prorate the available amount among eligible districts. 6.14 The state is not obligated for any additional amounts. 6.15 Sec. 7. Minnesota Statutes 1996, section 124.14, is 6.16 amended by adding a subdivision to read: 6.17 Subd. 7a. [APPROPRIATION TRANSFERS FOR COMMUNITY EDUCATION 6.18 PROGRAMS.] If a direct appropriation from the general fund to 6.19 the department of children, families, and learning for an 6.20 education aid or grant authorized under section 124.255, 124.26, 6.21 124.2601, 124.2605, 124.261, 124.2615, 124.2711, 124.2712, 6.22 124.2713, 124.2714, 124.2715, or 124.2716 exceeds the amount 6.23 required, the commissioner of children, families, and learning 6.24 may transfer the excess to any education aid or grant 6.25 appropriation that is insufficiently funded under these sections. 6.26 Excess appropriations shall be allocated proportionately among 6.27 aids or grants that have insufficient appropriations. The 6.28 commissioner of finance shall make the necessary transfers among 6.29 appropriations according to the determinations of the 6.30 commissioner of children, families, and learning. If the amount 6.31 of the direct appropriation for the aid or grant plus the amount 6.32 transferred according to this subdivision is insufficient, the 6.33 commissioner shall prorate the available amount among eligible 6.34 districts. The state is not obligated for any additional 6.35 amounts. 6.36 Sec. 8. Minnesota Statutes 1997 Supplement, section 7.1 124.17, subdivision 1d, is amended to read: 7.2 Subd. 1d. [COMPENSATION REVENUE PUPIL UNITS.] Compensation 7.3 revenue pupil units for fiscal year 1998 and thereafter must be 7.4 computed according to this subdivision. 7.5 (a) The compensation revenue concentration percentage for 7.6 each building in a district equals the product of 100 times the 7.7 ratio of: 7.8 (1) the sum of the number of pupils enrolled in the 7.9 building eligible to receive free lunch plus one-half of the 7.10 pupils eligible to receive reduced priced lunch on October 1 of 7.11 the previous fiscal year; to 7.12 (2) the number of pupils enrolled in the building on 7.13 October 1 of the previous fiscal year. 7.14 (b) The compensation revenue pupil weighting factor for a 7.15 building equals the lesser of one or the quotient obtained by 7.16 dividing the building's compensation revenue concentration 7.17 percentage by 80.0. 7.18 (c) The compensation revenue pupil units for a building 7.19 equals the product of: 7.20 (1) the sum of the number of pupils enrolled in the 7.21 building eligible to receive free lunch and one-half of the 7.22 pupils eligible to receive reduced priced lunch on October 1 of 7.23 the previous fiscal year times the equity adjustment factor; 7.24 times 7.25 (2) the compensation revenue pupil weighting factor for the 7.26 building times the equity adjustment factor; times 7.27 (3) .60. 7.28 (d) For fiscal years 1999 and later, a district qualifies 7.29 for the equity adjustment factor if the district served more 7.30 than 5,000 pupils eligible to receive free or reduced price 7.31 lunch during the previous fiscal year and if the district's 7.32 percentage of pupils eligible to receive free or reduced price 7.33 lunch during the previous fiscal year is less than the statewide 7.34 average percentage for that year. The equity adjustment factor 7.35 equals the ratio of the statewide percentage of pupils eligible 7.36 to receive free or reduced price lunch during the previous 8.1 fiscal year to the district's percentage of pupils eligible to 8.2 receive free or reduced price lunch. 8.3 (e) Notwithstanding paragraphs (a) to (c), for charter 8.4 schools and contracted alternative programs in the first year of 8.5 operation, compensation revenue pupil units shall be computed 8.6 using data for the current fiscal year. If the charter school 8.7 or contracted alternative program begins operation after October 8.8 1, compensatory revenue pupil units shall be computed based on 8.9 pupils enrolled on an alternate date determined by the 8.10 commissioner, and the compensation revenue pupil units shall be 8.11 prorated based on the ratio of the number of days of student 8.12 instruction to 170 days. 8.13 (f) The percentages in this subdivision must be based on 8.14 the count of individual pupils and not on a building average or 8.15 minimum. 8.16 Sec. 9. Minnesota Statutes 1996, section 124.17, is 8.17 amended by adding a subdivision to read: 8.18 Subd. 5a. [BASIC SKILLS SUMMER SCHOOL PUPIL UNITS.] When a 8.19 pupil who has not passed an assessment of basic graduation 8.20 standards in reading, writing, or mathematics is enrolled in a 8.21 mastery of basic skills summer school program that is not a part 8.22 of the regular school term and the student has a total 8.23 enrollment time of more than 1,020 hours in a school year, the 8.24 pupil may be counted as more than one pupil in average daily 8.25 membership for purposes of this subdivision only. The amount in 8.26 excess of one pupil must be determined by the ratio of the 8.27 number of hours of instruction provided to that pupil in excess 8.28 of 1,020 hours. For each pupil, only the amount of summer 8.29 school enrollment time attributable to basic skills instruction 8.30 may be used to calculate the additional hours in the school 8.31 year. Basic skills instruction is defined as in Minnesota's 8.32 rules on graduation standards and includes reading, writing, and 8.33 mathematics. Hours that occur after the close of the 8.34 instructional year in June are attributable to the following 8.35 fiscal year. A pupil for whom payment is made under this 8.36 subdivision may be counted by a district only for the 9.1 computation of basic revenue, according to section 124A.22, 9.2 subdivision 2. 9.3 Sec. 10. Minnesota Statutes 1997 Supplement, section 9.4 124.17, subdivision 6, is amended to read: 9.5 Subd. 6. [FREE AND REDUCED PRICED LUNCHES.] The 9.6 commissioner shall determine the number of children eligible to 9.7 receive either a free or reduced priced lunch on October 1 each 9.8 year. Children enrolled in a building on October 1 and 9.9 determined to be eligible to receive free or reduced price lunch 9.10 by January 15 of the following year shall be counted as eligible 9.11 on October 1 for purposes of subdivision 1d. The commissioner 9.12 may use federal definitions for these purposes and may adjust 9.13 these definitions as appropriate. The commissioner may adopt 9.14 reporting guidelines to assure accuracy of data counts and 9.15 eligibility. Districts shall use any guidelines adopted by the 9.16 commissioner. 9.17 Sec. 11. Minnesota Statutes 1997 Supplement, section 9.18 124.17, subdivision 7, is amended to read: 9.19 Subd. 7. [LEP PUPIL UNITS.] (a) Limited English 9.20 proficiency pupil units for fiscal year 1998 and thereafter 9.21 shall be determined according to this subdivision. 9.22 (b) The limited English proficiency concentration 9.23 percentage for a district equals the product of 100 times the 9.24 ratio of: 9.25 (1) the number of pupils of limited English proficiency 9.26 enrolled in the district during the current fiscal year; to 9.27 (2) the number of pupils in average daily membership 9.28 enrolled in the district. 9.29 (c) The limited English proficiency pupil units for each 9.30 pupil enrolled in a program for pupils of limited English 9.31 proficiency in accordance with sections 126.261 to 126.269 9.32 equals the lesser of one or the quotient obtained by dividing 9.33 the limited English proficiency concentration percentage for the 9.34 pupil's district of enrollment by 11.5. 9.35 (d) Limited English proficiency pupil units shall be 9.36 counted by the district of enrollment. 10.1 (e) Notwithstanding paragraph (d), for the purposes of this 10.2 subdivision, pupils enrolled in a cooperative or intermediate 10.3 school district shall be counted by the district of residence. 10.4 Sec. 12. Minnesota Statutes 1996, section 124.248, 10.5 subdivision 1, is amended to read: 10.6 Subdivision 1. [GENERAL EDUCATION REVENUE.] General 10.7 education revenue shall be paid to a charter school as though it 10.8 were a school district. The general education revenue for each 10.9 pupil unit is the state average general education revenue per 10.10 pupil unit minus$170an amount equal to the product of the 10.11 formula allowance according to section 124A.22, subdivision 2, 10.12 times .0485, calculated withoutcompensatorybasic skills 10.13 revenue, transportation sparsity revenue, and the transportation 10.14 portion of the transition revenue adjustment, pluscompensatory10.15 basic skills revenue as though the school were a school district. 10.16 Sec. 13. Minnesota Statutes 1996, section 124.248, 10.17 subdivision 1a, is amended to read: 10.18 Subd. 1a. [TRANSPORTATION REVENUE.] Transportation revenue 10.19 shall be paid to a charter school that provides transportation 10.20 services according to section 120.064, subdivision 15, according 10.21 to this subdivision. Transportation aid shall equal 10.22 transportation revenue. 10.23(a)In addition to the revenue under subdivision 1, a 10.24 charter school providing transportation services shall receive 10.25 general education aid for each pupil unit equal to the sum of 10.26$170an amount equal to the product of the formula allowance 10.27 according to section 124A.22, subdivision 2, times .0485, plus 10.28 the transportation sparsity allowance for the school district in 10.29 which the charter school is located, plus the transportation 10.30 transition allowance for the school district in which the 10.31 charter school is located. 10.32(b) For the first two years that a charter school is10.33providing transportation services, the special programs10.34transportation revenue equals the charter school's actual cost10.35in the current school year for transportation services for10.36children with disabilities under section 124.223, subdivisions11.14, 5, 7, and 8. For the third year of transportation services11.2and later fiscal years, the special programs transportation11.3revenue shall be computed according to section 124.225,11.4subdivision 14.11.5 Sec. 14. Minnesota Statutes 1997 Supplement, section 11.6 124.248, subdivision 2a, is amended to read: 11.7 Subd. 2a. [BUILDING LEASE AID.] When a charter school 11.8 finds it economically advantageous to rent or lease a building 11.9 or land for any instructional purposes and it determines that 11.10 the total operating capital revenue under section 124A.22, 11.11 subdivision 10, is insufficient for this purpose, it may apply 11.12 to the commissioner for building lease aid for this purpose. 11.13 Criteria for aid approval and revenue uses shall be as defined 11.14 for the building lease levy in section 124.91, subdivision 1, 11.15 paragraphs (a) and (b). The amount of building lease aid per 11.16 pupil unit served for a charter school for any year shall not 11.17 exceed the lesser of (a) 80 percent of the approved cost or (b) 11.18 the product of theactualpupil units served for the current 11.19 school year times the sum of the state average debt redemption 11.20 fund revenue plus capital revenue, according to section 124.91, 11.21 peractualpupil unit served for the current fiscal year. 11.22 Sec. 15. Minnesota Statutes 1997 Supplement, section 11.23 124.248, subdivision 6, is amended to read: 11.24 Subd. 6. [START-UP COSTS.] During the first two years of a 11.25 charter school's operation, the charter school is eligible for 11.26 aid to pay for start-up costs and additional operating costs. 11.27 Start-up cost aid equals the greater of: 11.28 (1) $50,000 per charter school; or 11.29 (2) $500 times the charter school's pupil units served for 11.30 that year. 11.31 Sec. 16. Minnesota Statutes 1996, section 124.3201, 11.32 subdivision 5, is amended to read: 11.33 Subd. 5. [SCHOOL DISTRICT SPECIAL EDUCATION REVENUE.] (a) 11.34 A school district's special education revenue for fiscal year 11.35 1996 and later equals the state total special education revenue, 11.36 minus the amount determined under paragraph (b), times the ratio 12.1 of the district's adjusted special education base revenue to the 12.2 state total adjusted special education base revenue. If the 12.3 state board of education modifies its rules for special 12.4 education in a manner that increases a school district's special 12.5 education obligations or service requirements, the commissioner 12.6 of children, families, and learning shall annually increase each 12.7 district's special education revenue by the amount necessary to 12.8 compensate for the increased service requirements. The 12.9 additional revenue equals the cost in the current year 12.10 attributable to rule changes not reflected in the computation of 12.11 special education base revenue, multiplied by the appropriate 12.12 percentages from subdivision 2. 12.13 (b) Notwithstanding paragraph (a), if the special education 12.14 base revenue for a district equals zero, the special education 12.15 revenue equals the amount computed according to subdivision 2 12.16 using current year data. 12.17 (c) Notwithstanding paragraphs (a) and (b), if the special 12.18 education base revenue for a district is greater than zero, and 12.19 the base year amount for the district under subdivision 2, 12.20 paragraph (a), clause (7), equals zero, the special education 12.21 revenue equals the sum of the amount computed according to 12.22 paragraph (a), plus the amount computed according to subdivision 12.23 2, paragraph (a), clause (7), using current year data. 12.24 Sec. 17. Minnesota Statutes 1996, section 124A.03, 12.25 subdivision 2b, is amended to read: 12.26 Subd. 2b. [REFERENDUM DATE.] In addition to the referenda 12.27 allowed in subdivision 2, clause (a), the commissioner may 12.28 authorize a referendum for a different day. 12.29 (a) The commissioner may grant authority to a district to 12.30 hold a referendum on a different day if the district is in 12.31 statutory operating debt and has an approved plan or has 12.32 received an extension from the department to file a plan to 12.33 eliminate the statutory operating debt. 12.34 (b) The commissioner may grant authority for a district to 12.35 hold a referendum on a different day if: (1) the district will 12.36 conduct a bond election under chapter 475 on that same day; and 13.1 (2) the proceeds of the referendum will provide only additional 13.2 operating revenuenecessitated by the facilitycomplementing the 13.3 purpose for which bonding authority is sought. The commissioner 13.4 may only grant authority under this paragraph if the district 13.5 demonstrates to the commissioner's satisfaction that the 13.6 district's ability to operate the new facility or achieve 13.7 efficiencies with the purchases connected to the proceeds of the 13.8 bond sale will be significantly affected if the operating 13.9 referendum is not conducted until the November general 13.10 election. Authority under this paragraph expires November 30, 13.11 1998. 13.12 (c) The commissioner must approve, deny, or modify each 13.13 district's request for a referendum levy on a different day 13.14 within 60 days of receiving the request from a district. 13.15 Sec. 18. Minnesota Statutes 1996, section 124A.03, 13.16 subdivision 3c, is amended to read: 13.17 Subd. 3c. [REFERENDUM ALLOWANCE REDUCTION.] For fiscal 13.18 year 1998 and later, a district's referendum allowance for 13.19 referendum authority under subdivision 1c is reduced as provided 13.20 in this subdivision. 13.21 (a) For referendum revenue authority approved before June 13.22 1, 1996, and effective for fiscal year 1997, the reduction 13.23 equals the amount of the reduction computed for fiscal year 1997 13.24 under subdivision 3b. 13.25 (b) For referendum revenue authority approved before June 13.26 1, 1996, and effective beginning in fiscal year 1998, the 13.27 reduction equals the amount of the reduction computed for fiscal 13.28 year 1998 under subdivision 3b. 13.29 (c) For referendum revenue authority approved after May 31, 13.30 1996, there is no reduction. 13.31 (d) For districts with more than one referendum authority, 13.32 the reduction shall be computed separately for each authority. 13.33 The reduction shall be applied first to authorities levied 13.34 against tax capacity, and then to authorities levied against 13.35 referendum market value. For districts with more than one 13.36 authority levied against net tax capacity or against referendum 14.1 market value, the referendum allowance reduction shall be 14.2 applied first to the authority with the earliest expiration date. 14.3 (e) When referendum authority approved before June 1, 1996, 14.4 expires, the referendum allowance reduction for a district shall 14.5 be decreased by the amount of the decrease in the district's 14.6 total referendum allowance under subdivision 1c. For districts 14.7 with more than one referendum authority remaining after the 14.8 expiration, the amount of any remaining allowance reduction 14.9 shall be reallocated among the remaining referendum authority 14.10 approved before June 1, 1996, according to paragraph (d). 14.11 (f) For a newly reorganized district created after July 1, 14.12 1996, the referendum revenue reduction equals the lesser of the 14.13 amount calculated for the combined district, or the sum of the 14.14 amounts by which each of the reorganizing district's 14.15 supplemental revenue reduction exceeds its respective 14.16 supplemental revenue allowances calculated for the year 14.17 preceding the year of reorganization. 14.18 Sec. 19. Minnesota Statutes 1997 Supplement, section 14.19 124A.036, subdivision 5, is amended to read: 14.20 Subd. 5. [ALTERNATIVE ATTENDANCE PROGRAMS.] The general 14.21 education aid for districts must be adjusted for each pupil 14.22 attending a nonresident district under sections 120.062, 14.23 120.075, 120.0751, 120.0752, 124C.45 to 124C.48, and 126.22. 14.24 The adjustments must be made according to this subdivision. 14.25 (a) General education aid paid to a resident district must 14.26 be reduced by an amount equal to the general education revenue 14.27 exclusive ofcompensatorybasic skills revenue attributable to 14.28 the pupil in the resident district. 14.29 (b) General education aid paid to a district serving a 14.30 pupil in programs listed in this subdivision shall be increased 14.31 by an amount equal to the general education revenue exclusive of 14.32compensatorybasic skills revenue attributable to the pupil in 14.33 the nonresident district. 14.34 (c) If the amount of the reduction to be made from the 14.35 general education aid of the resident district is greater than 14.36 the amount of general education aid otherwise due the district, 15.1 the excess reduction must be made from other state aids due the 15.2 district. 15.3 (d) The district of residence shall pay tuition to a 15.4 district or an area learning center, operated according to 15.5 paragraph (e), providing special instruction and services to a 15.6 pupil with a disability, as defined in section 120.03, or a 15.7 pupil, as defined in section 120.181, who is enrolled in a 15.8 program listed in this subdivision. The tuition shall be equal 15.9 to (1) the actual cost of providing special instruction and 15.10 services to the pupil, including a proportionate amount for debt 15.11 service and for capital expenditure facilities and equipment, 15.12 and debt service but not including any amount for 15.13 transportation, minus (2) the amount of general education aid 15.14 and special education aid, attributable to that pupil, that is 15.15 received by the district providing special instruction and 15.16 services. 15.17 (e) An area learning center operated by a service 15.18 cooperative, intermediate district, education district, or a 15.19 joint powers cooperative may elect through the action of the 15.20 constituent boards to charge tuition for pupils rather than to 15.21 calculate general education aid adjustments under paragraph (a), 15.22 (b), or (c). The tuition must be equal to the greater of the 15.23 average general education revenue per pupil unit attributable to 15.24 the pupil, or the actual cost of providing the instruction, 15.25 excluding transportation costs, if the pupil meets the 15.26 requirements of section 120.03 or 120.181. 15.27 Sec. 20. Minnesota Statutes 1996, section 124A.036, 15.28 subdivision 6, is amended to read: 15.29 Subd. 6. [CHARTER SCHOOLS.] (a) The general education aid 15.30 for districts must be adjusted for each pupil attending a 15.31 charter school under section 120.064. The adjustments must be 15.32 made according to this subdivision. 15.33 (b) General education aid paid to a resident district must 15.34 be reduced by an amount equal to the general education revenue 15.35 exclusive ofcompensatorybasic skills revenue. 15.36 (c) General education aid paid to a district in which a 16.1 charter school not providing transportation according to section 16.2 120.064, subdivision 15, is located shall be increased by an 16.3 amount equal to the product of: (1) the sum of$170an amount 16.4 equal to the product of the formula allowance according to 16.5 section 124A.22, subdivision 2, times .0485, plus the 16.6 transportation sparsity allowance for the district, plus the 16.7 transportation transition allowance for the district; times (2) 16.8 the pupil units attributable to the pupil. 16.9 (d) If the amount of the reduction to be made from the 16.10 general education aid of the resident district is greater than 16.11 the amount of general education aid otherwise due the district, 16.12 the excess reduction must be made from other state aids due the 16.13 district. 16.14 Sec. 21. Minnesota Statutes 1997 Supplement, section 16.15 124A.22, subdivision 1, is amended to read: 16.16 Subdivision 1. [GENERAL EDUCATION REVENUE.](a) For fiscal16.17years 1997 and 1998, the general education revenue for each16.18district equals the sum of the district's basic revenue,16.19compensatory education revenue, secondary sparsity revenue,16.20elementary sparsity revenue, transportation sparsity revenue,16.21total operating capital revenue, transition revenue, and16.22supplemental revenue.16.23(b)For fiscal year 1999 and thereafter, the general 16.24 education revenue for each district equals the sum of the 16.25 district's basic revenue, basic skills revenue, training and 16.26 experience revenue, secondary sparsity revenue, elementary 16.27 sparsity revenue, transportation sparsity revenue, total 16.28 operating capital revenue, graduation standards implementation 16.29 revenue, transition revenue, and supplemental revenue. 16.30 Sec. 22. Minnesota Statutes 1996, section 124A.22, is 16.31 amended by adding a subdivision to read: 16.32 Subd. 14. [GRADUATION STANDARDS IMPLEMENTATION 16.33 REVENUE.] (a) A school district's graduation standards 16.34 implementation revenue is equal to $63 times its actual pupil 16.35 units for fiscal year 1999 and $56 per pupil unit for fiscal 16.36 year 2000 and later. Graduation standards implementation 17.1 revenue is reserved and must be used according to paragraphs (b) 17.2 and (c). 17.3 (b) For fiscal year 1999, revenue must be reserved for 17.4 programs according to clauses (1) to (3). 17.5 (1) At least $36 per actual pupil unit must be allocated to 17.6 school sites in proportion to the number of students enrolled at 17.7 each school site weighted according to section 124.17, 17.8 subdivision 1, and is reserved for programs designed to enhance 17.9 the implementation of the graduation rule through intensive 17.10 staff development and decentralized decision making. 17.11 (2) At least $5 per actual pupil unit is reserved for 17.12 gifted and talented programs that are integrated with the 17.13 graduation rule. This aid must supplement, not supplant, money 17.14 spent on gifted and talented programs authorized under Laws 17.15 1997, First Special Session chapter 4, article 5, section 24. 17.16 (3) Any remaining aid under this paragraph must be used for 17.17 either class size reduction or for technology purchases related 17.18 to the graduation rule consistent with subdivision 11, clauses 17.19 (15), (18), (19), (23), and (24). 17.20 (c) For fiscal year 2000 and later, revenue must be 17.21 allocated to school sites and reserved for programs designed to 17.22 enhance the implementation of the graduation rule through either 17.23 staff development programs or class size reduction programs 17.24 based at the school site. 17.25 (d) To the extent possible, school districts shall make 17.26 opportunities for graduation standards implementation available 17.27 to teachers employed by intermediate school districts. If the 17.28 commissioner determines that the supplemental appropriation made 17.29 for this subdivision under section 40, subdivision 2, is in 17.30 excess of the amount needed for this subdivision, the 17.31 commissioner shall make equal payments of one-third of the 17.32 excess to each intermediate school district for the purpose of 17.33 paragraph (a). 17.34 Sec. 23. Minnesota Statutes 1997 Supplement, section 17.35 124A.23, subdivision 1, is amended to read: 17.36 Subdivision 1. [GENERAL EDUCATION TAX RATE.] The 18.1 commissioner shall establish the general education tax rate by 18.2 July 1 of each year for levies payable in the following year. 18.3 The general education tax capacity rate shall be a rate, rounded 18.4 up to the nearest hundredth of a percent, that, when applied to 18.5 the adjusted net tax capacity for all districts, raises the 18.6 amount specified in this subdivision. The general education tax 18.7 rate shall be the rate that raises$1,359,000,000 for fiscal18.8year 1998 and$1,385,500,000 for fiscal year 1999and, 18.9 $1,328,000,000 for fiscal year 2000, and $1,325,100,000 for 18.10 fiscal year 2001, and later fiscal years. The general education 18.11 tax rate may not be changed due to changes or corrections made 18.12 to a district's adjusted net tax capacity after the tax rate has 18.13 been established. If the levy target for fiscal year 1999 or 18.14 fiscal year 2000 is changed by another law enacted during the 18.15 1997 or 1998 session, the commissioner shall reduce the general 18.16 education levy target in thisbillsection by the amount of the 18.17 reduction in the enacted law. 18.18 Sec. 24. Minnesota Statutes 1997 Supplement, section 18.19 124A.28, subdivision 1, is amended to read: 18.20 Subdivision 1. [USE OF THE REVENUE.] The compensatory 18.21 education revenue under section 124A.22, subdivision 3, and the 18.22 portion of the transition revenue adjustment under section 18.23 124A.22, subdivision 13c, attributable to the compensatory 18.24 transition allowance under section 124A.22, subdivision 13b, 18.25 paragraph (b), must be used to meet the educational needs of 18.26 pupils whose progress toward meeting state or local content or 18.27 performance standards is below the level that is appropriate for 18.28 learners of their age. Any of the following may be provided to 18.29 meet these learners' needs: 18.30 (1) direct instructional services under the assurance of 18.31 mastery program according to section 124.3111; 18.32 (2) remedial instruction in reading, language arts, 18.33 mathematics, other content areas, or study skills to improve the 18.34 achievement level of these learners; 18.35 (3) additional teachers and teacher aides to provide more 18.36 individualized instruction to these learners through individual 19.1 tutoring, lower instructor-to-learner ratios, or team teaching; 19.2 (4) a longer school day or week during the regular school 19.3 year or through a summer program that may be offered directly by 19.4 the site or under a performance-based contract with a 19.5 community-based organization; 19.6 (5) comprehensive and ongoing staff development consistent 19.7 with district and site plans according to section 126.70, for 19.8 teachers, teacher aides, principals, and other personnel to 19.9 improve their ability to identify the needs of these learners 19.10 and provide appropriate remediation, intervention, 19.11 accommodations, or modifications; 19.12 (6) instructional materials and technology appropriate for 19.13 meeting the individual needs of these learners; 19.14 (7) programs to reduce truancy, encourage completion of 19.15 high school, enhance self-concept, provide health services, 19.16 provide nutrition services, provide a safe and secure learning 19.17 environment, provide coordination for pupils receiving services 19.18 from other governmental agencies, provide psychological services 19.19 to determine the level of social, emotional, cognitive, and 19.20 intellectual development, and provide counseling services, 19.21 guidance services, and social work services; 19.22 (8) bilingual programs, bicultural programs, and programs 19.23 for learners of limited English proficiency; 19.24 (9) all day kindergarten; 19.25 (10) extended school day and extended school year programs; 19.26 (11) substantial parent involvement in developing and 19.27 implementing remedial education or intervention plans for a 19.28 learner, including learning contracts between the school, the 19.29 learner, and the parent that establish achievement goals and 19.30 responsibilities of the learner and the learner's parent or 19.31 guardian; and 19.32 (12) other methods to increase achievement, as needed. 19.33 Sec. 25. Minnesota Statutes 1997 Supplement, section 19.34 124A.28, subdivision 1a, is amended to read: 19.35 Subd. 1a. [BUILDING ALLOCATION.] (a) For fiscal years 1999 19.36 and later, a district must allocaterevenueany increase in its 20.1 compensatory revenue over the amount of compensatory revenue 20.2 that would have been earned in fiscal year 1998, as calculated 20.3 under section 124A.22, subdivision 13b, paragraph (c), clause 20.4 (1), to each school building in the district where the children 20.5 who have generated the revenue are served. 20.6 (b) A district may allocate compensatory revenue not 20.7 otherwise allocated under paragraph (a) to school sites 20.8 according to a plan adopted by the school board. 20.9 (c) For the purposes of this section and section 124.17, 20.10 subdivision 1d, "building" means education site as defined in 20.11 section 123.951, subdivision 1. 20.12 (d) If the pupil is served at a site other than one owned 20.13 and operated by the district, the revenue shall be paid to the 20.14 district and used for services for pupils who generate the 20.15 revenue. 20.16 Sec. 26. Minnesota Statutes 1996, section 124A.30, is 20.17 amended to read: 20.18 124A.30 [STATEWIDE AVERAGE REVENUE.] 20.19 By October 1 of each year the commissioner shall estimate 20.20 the statewide average adjusted generaleducationrevenue per 20.21 actual pupil unit and therangedisparity in adjusted general 20.22educationrevenue among pupils and districts by computingthe20.23difference between the fifth andthe ratio of the ninety-fifth 20.24percentilespercentile to the fifth percentile of adjusted 20.25 generaleducationrevenue. The commissioner must provide that 20.26 information to all school districts. 20.27 If the disparity in adjusted generaleducationrevenue as 20.28 measured by thedifference between the fifth andratio of the 20.29 ninety-fifthpercentilespercentile to the fifth percentile 20.30 increases in any year, the commissionermust propose ashall 20.31 recommend to the legislature options for change in the general 20.32 education formula that will limit the disparity in adjusted 20.33 generaleducationrevenue to no more than the disparity for the 20.34 previous school year. The commissioner must submit theproposal20.35 recommended options to the education committees of the 20.36 legislature by January 15. 21.1 For purposes of this section, adjusted general revenue 21.2 means the sum of basic revenue under section 124A.22, 21.3 subdivision 2; supplemental revenue under section 124A.22, 21.4 subdivisions 8 and 9; transition revenue under section 124.22, 21.5 subdivision 13c; and referendum revenue under section 124A.03. 21.6 Sec. 27. [124A.32] [IN-SCHOOL SUSPENSION REVENUE.] 21.7 A school site shall receive $4 per pupil per school day for 21.8 each pupil the school site suspends and places in an in-school 21.9 suspension program or alternative to an out-of-school suspension 21.10 program instead of prohibiting the pupil from attending school. 21.11 The school site shall use the revenue for the increased costs of 21.12 having a licensed teacher instruct a pupil placed in an 21.13 in-school suspension program or alternative to an out-of-school 21.14 suspension program. 21.15 Sec. 28. Laws 1992, chapter 499, article 7, section 31, is 21.16 amended to read: 21.17 Sec. 31. [REPEALER.] 21.18Minnesota Statutes 1990, sections 124A.02, subdivision 24;21.19124A.23, subdivisions 2 and 3; 124A.26, subdivisions 2 and 3;21.20124A.27; 124A.28; and 124A.29, subdivision 2; and Minnesota21.21Statutes 1991 Supplement, sections 124A.02, subdivisions 16 and21.2223; 124A.03, subdivisions 1b, 1c, 1d, 1e, 1f, 1g, 1h, and 1i;21.23124A.04; 124A.22, subdivisions 2, 3, 4, 4a, 4b, 8, and 9;21.24124A.23, subdivisions 1, 4, and 5; 124A.24; 124A.26, subdivision21.251; and 124A.29, subdivision 1, are repealed effective June 30,21.261999;Laws 1991, chapter 265, article 7, section 35, is repealed. 21.27 Sec. 29. Laws 1997, First Special Session chapter 4, 21.28 article 1, section 58, is amended to read: 21.29 Sec. 58. [BUS PURCHASE LEVY.] 21.30 (a) For 1997 taxes payable in 1998, a school district may 21.31 levy the amount necessary to eliminate the deficit in the 21.32 reserved fund balance account for bus purchases in its 21.33 transportation fund as of June 30, 1996. 21.34 (b) For 1998 taxes payable in 1999, a school district that 21.35 had a positive balance in the reserved fund balance account for 21.36 bus purchases in its transportation fund as of June 30, 1996, 22.1 but that had already entered into a contract for new buses or 22.2 ordered new buses that had not been received prior to June 30, 22.3 1996, may levy an amount equal to the difference between the 22.4 purchase price of the buses and its balance in the reserve 22.5 account for bus purchases. 22.6 Sec. 30. Laws 1997, First Special Session chapter 4, 22.7 article 1, section 61, subdivision 3, is amended to read: 22.8 Subd. 3. [EQUALIZING FACTORS.] The commissioner shall 22.9 adjust each equalizing factor established using adjusted net tax 22.10 capacity per actual pupil unit under Minnesota Statutes, 22.11 chapters 124 and 124A, by dividing the equalizing factor by the 22.12 ratio of the statewide tax capacity as calculated using the 22.13 class rates in effect for assessment year 1996 to the statewide 22.14 tax capacity using the class rates for that assessment year. 22.15 Sec. 31. Laws 1997, First Special Session chapter 4, 22.16 article 2, section 51, subdivision 29, is amended to read: 22.17 Subd. 29. [FIRST GRADE PREPAREDNESS.] (a) For grants for 22.18 the first grade preparedness program under Minnesota Statutes, 22.19 section 124.2613, and for school sites that have provided a 22.20 full-day kindergarten option for kindergarten students enrolled 22.21 in fiscal years 1996 and 1997: 22.22 $5,000,000 ..... 1998 22.23$5,000,000$5,500,000 ..... 1999 22.24 (b) To be a qualified site, licensed teachers must have 22.25 taught the optional full-day kindergarten classes. A district 22.26 that charged a fee for students participating in an optional 22.27 full-day program is eligible to receive the grant to provide 22.28 full-day kindergarten for all students as required by Minnesota 22.29 Statutes, section 124.2613, subdivision 4. Districts with 22.30 eligible sites must apply to the commissioner of children, 22.31 families, and learning for a grant. 22.32 (c) This appropriation must first be used to fund programs 22.33 operating during the 1996-1997 school year under paragraph (b) 22.34 and Minnesota Statutes, section 124.2613. Any remaining funds 22.35 may be used to expand the number of sites providing first grade 22.36 preparedness programs. 23.1 Sec. 32. Laws 1997, First Special Session chapter 4, 23.2 article 5, section 28, subdivision 12, is amended to read: 23.3 Subd. 12. [GRADUATION RULE IMPLEMENTATION AT THE SITE 23.4 AID.] For graduation rule implementation: 23.5 $10,000,000 ..... 1998 23.6 (a) This appropriation shall be paid to districts according 23.7 to paragraph (b). The purpose of the aid is to accelerate the 23.8 implementation of the graduation rule throughout all education 23.9 sites in the district through intensive staff development and 23.10 decentralized decision making. The board shall work with the 23.11 teaching staff in the district to determine the most effective 23.12 staff development processes to assure an acceleration of the 23.13 implementation. This appropriation is one-time only. 23.14 (b) A district shall receive aid equal to $10 times the 23.15 number of fund balance pupil units in the district for fiscal 23.16 year 1998 excluding pupil units attributable to shared time 23.17 pupils. At least 30 percent must be used for the purposes of 23.18 paragraph (a). 23.19 Sec. 33. Laws 1997, First Special Session chapter 4, 23.20 article 9, section 11, is amended to read: 23.21 Sec. 11. [ADDITIONAL TECHNOLOGY REVENUE.] 23.22 (a) For fiscal year 1998 only, the allowance in Minnesota 23.23 Statutes, section 124A.22, subdivision 10, paragraph (a), is 23.24 increased by: 23.25 (1) $24 per pupil unit; or 23.26 (2) the lesser of $25,000 or $80 per pupil unit. 23.27 Revenue received under this section must be used according 23.28 to Minnesota Statutes, section 124A.22, subdivision 11, clauses 23.29 (15), (18), (19), (23), and (24). 23.30 (b) For the purposes of paragraph (a), "pupil unit" means 23.31 fund balance pupil unit as defined in Minnesota Statutes, 23.32 section 124A.26, subdivision 1, excluding pupil units 23.33 attributable to shared time pupils. 23.34 Sec. 34. [COMPENSATION PUPIL UNITS; FISCAL YEAR 1998.] 23.35 Notwithstanding Minnesota Statutes, section 124.17, 23.36 subdivision 1d, paragraphs (a) to (c), for fiscal year 1998 24.1 only, compensation revenue pupil units for buildings with no 24.2 free or reduced price lunch counts for fiscal year 1997 because 24.3 the site did not participate in the national school lunch 24.4 program, or for a contracted alternative program for which no 24.5 count was reported to the department of children, families, and 24.6 learning, shall be computed using data for the current fiscal 24.7 year. 24.8 Sec. 35. [SUPPLEMENTAL REVENUE.] 24.9 Supplemental revenue for fiscal years 1998 and later under 24.10 Minnesota Statutes, section 124A.22, subdivision 8, is increased 24.11 by the following amounts: 24.12 (1) for independent school district No. 593, Crookston, 24.13 $117,000; 24.14 (2) for independent school district No. 361, International 24.15 Falls, $107,000; 24.16 (3) for independent school district No. 706, Virginia, 24.17 $43,000; and 24.18 (4) for independent school district No. 2154, 24.19 Eveleth-Gilbert, $8,000. 24.20 Supplemental revenue increased under this section is not 24.21 subject to reduction under Minnesota Statutes, section 124A.22, 24.22 subdivision 9. 24.23 Sec. 36. [MODEL TRANSPORTATION AND SCHOOL START TIME 24.24 POLICY.] 24.25 Subdivision 1. [TRANSPORTATION EFFICIENCY.] Independent 24.26 school district No. 270, Hopkins, shall establish a task force 24.27 consisting of community members, school board members, parents, 24.28 teachers, and administrators to examine its existing pupil 24.29 transportation system. The task force shall examine all manner 24.30 of school bus transportation efficiencies, including: 24.31 (1) state transportation mandates; 24.32 (2) school bus route design; 24.33 (3) school bus stop locations; 24.34 (4) school bus student pick-up times; and 24.35 (5) changes to peak-hour highway policies for school buses, 24.36 with particular attention paid to the effects of metered ramps 25.1 on school bus efficiency. 25.2 The task force shall also evaluate alternative 25.3 transportation methods such as metropolitan transit commission 25.4 bus service, student carpools, and other manners of student 25.5 transportation to and from school. 25.6 Subd. 2. [SCHOOL START TIME.] The task force shall 25.7 evaluate the effect of transportation decisions on school start 25.8 times and make recommendations about school start times for 25.9 elementary and secondary students. 25.10 Subd. 3. [REPORT.] Independent school district No. 270, 25.11 Hopkins, shall summarize the activities of the task force and 25.12 prepare a report to be presented by March 1, 1999, to the 1999 25.13 legislature. 25.14 Sec. 37. [INDEPENDENT SCHOOL DISTRICT NO. 2862, JACKSON 25.15 COUNTY CENTRAL; REFERENDUM AUTHORITY.] 25.16 Subdivision 1. [REFERENDUM REVENUE ADJUSTMENT.] 25.17 Notwithstanding Minnesota Statutes, section 124A.03, referendum 25.18 equalization aid for fiscal year 1998 for independent school 25.19 district No. 2862, Jackson County Central, is $72,000, and the 25.20 district's net tax capacity referendum levy is $61,000. 25.21 Subd. 2. [AID ADJUSTMENT.] The department of children, 25.22 families, and learning shall adjust the aid payments for fiscal 25.23 year 1998 to independent school district No. 2862, Jackson 25.24 County Central, according to subdivision 1. 25.25 Subd. 3. [LEVY ADJUSTMENT.] For taxes payable in 1999, the 25.26 department of children, families, and learning shall make a levy 25.27 adjustment for the independent school district No. 2862, Jackson 25.28 County Central, referendum levy authority for fiscal year 1998, 25.29 according to subdivision 1. 25.30 Sec. 38. [LEVY RECOGNITION SHIFT.] 25.31 (a) The early levy recognition shift percentage established 25.32 under Minnesota Statutes, section 121.904, subdivision 4a, as 25.33 amended, is reduced to 2.9 percent for fiscal years 1999 and 25.34 later. 25.35 (b) The commissioner of finance must certify to the 25.36 commissioner of children, families, and learning the levy 26.1 recognition shift percent established under this section by 26.2 January 5, 1999. The commissioner of children, families, and 26.3 learning must notify school districts of a change in the levy 26.4 recognition shift by January 15, 1999. 26.5 Sec. 39. [TECHNOLOGY AID.] 26.6 A district is eligible for technology aid equal to $61 26.7 times the number of fund balance pupil units in the district for 26.8 fiscal year 1999 excluding pupil units attributable to shared 26.9 time pupil units. 26.10 Sec. 40. [APPROPRIATION.] 26.11 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 26.12 LEARNING.] The sums indicated in this section are appropriated 26.13 from the general fund to the department of children, families, 26.14 and learning for the fiscal years designated. 26.15 Subd. 2. [GENERAL EDUCATION AID.] For general education 26.16 aid: 26.17 $185,000 ..... 1998 26.18 $59,787,000 ..... 1999 26.19 This aid is in addition to any other aid appropriated for 26.20 this purpose. 26.21 Subd. 3. [HOPKINS.] For a grant to independent school 26.22 district No. 270, Hopkins, for the purposes of section 36: 26.23 $50,000 ..... 1999 26.24 Subd. 4. [IN-SCHOOL SUSPENSION COSTS.] For in-school 26.25 suspension costs that school sites incur under Minnesota 26.26 Statutes, section 124A.32: 26.27 $300,000 ..... 1999 26.28 Subd. 5. [TECHNOLOGY INTEGRATION PROJECT.] For a grant to 26.29 independent school district No. 62, Ortonville, to implement a 26.30 technology integration program: 26.31 $200,000 ..... 1999 26.32 The purpose of the technology integration pilot project is 26.33 to demonstrate successful and effective uses of technology for 26.34 students, teachers, guidance counselors, administrators, and 26.35 parents to implement Minnesota's graduation standards and track 26.36 student performance in meeting the standards. 27.1 Subd. 6. [SHIFT REDUCTION.] In addition to any amounts 27.2 appropriated by other law, for reduction of the early 27.3 recognition of school district property taxes: 27.4 $52,000,000 ..... 1999 27.5 Subd. 7. [TECHNOLOGY AID.] For technology aid: 27.6 $59,000,000 ..... 1999 27.7 Sec. 41. [REPEALER.] 27.8 (a) Minnesota Statutes 1997 Supplement, section 124.912, 27.9 subdivisions 2 and 3, are repealed effective for taxes payable 27.10 in 1998. 27.11 (b) Minnesota Statutes 1996, sections 124A.697; 124A.698; 27.12 124A.70; 124A.71; 124A.711, subdivision 1; 124A.72; and 124A.73; 27.13 and Minnesota Statutes 1997 Supplement, section 124A.711, 27.14 subdivision 2, are repealed. 27.15 Sec. 42. [EFFECTIVE DATE.] 27.16 (a) Sections 1, 2, 4, 5, 26, 29, 31, and 36 are effective 27.17 July 1, 1998. 27.18 (b) Section 3 is effective July 1, 1999. 27.19 (c) Sections 8, 17, 23, 28, and 37 are effective the day 27.20 following final enactment. 27.21 (d) Sections 9, 12, 13, 16, 19, 20, 21, 22, 24, 25, and 27 27.22 are effective for revenue for fiscal year 1999. 27.23 (e) Sections 6, 7, 11, 14, 15, 16, 18, 30, 32, 33, 34, and 27.24 35 are effective for revenue for fiscal year 1998. 27.25 (f) Section 10 is effective retroactively to July 1, 1997, 27.26 for revenue for fiscal year 1999. 27.27 (g) Sections 38 and 40, subdivision 6, are effective for 27.28 revenue for fiscal year 1999, unless, based on the November 1998 27.29 general fund forecast, a negative unrestricted general fund 27.30 balance is projected for the biennium ending June 30, 1999, 27.31 which would reduce the general fund budget reserve below five 27.32 percent of fiscal year 1999 general fund expenditures. 27.33 ARTICLE 2 27.34 SPECIAL EDUCATION 27.35 Section 1. Minnesota Statutes 1996, section 120.03, 27.36 subdivision 1, is amended to read: 28.1 Subdivision 1. Every child who has a hearing impairment, 28.2 visual disability, speech or language impairment, physical 28.3 handicap, other health impairment, mental handicap, 28.4 emotional/behavioral disorder, specific learning 28.5 disability, autism, traumatic brain injury, or deaf/blind 28.6 disability and needs special instruction and services, as 28.7 determined by the standards of the state board, is a child with 28.8 a disability. In addition, every childunderup to agefive28.9 three, and at local district discretion from age three to seven, 28.10 who needs special instruction and services, as determined by the 28.11 standards of the state board, because the child has a 28.12 substantial delay or has an identifiable physical or mental 28.13 condition known to hinder normal development is a child with a 28.14 disability. 28.15 Sec. 2. [120.031] [STATEWIDE DATA MANAGEMENT SYSTEM TO 28.16 MAXIMIZE MEDICAL ASSISTANCE REIMBURSEMENT.] 28.17 Subdivision 1. [DEFINITION.] For purposes of this section, 28.18 cooperative unit has the meaning given in section 123.35, 28.19 subdivision 19b, paragraph (d). 28.20 Subd. 2. [PROVIDING ASSISTANCE AND TRAINING.] The 28.21 commissioner, in cooperation with the commissioner of human 28.22 services, shall develop a statewide data management system using 28.23 the educational data reporting system or other existing data 28.24 management system for school districts and cooperative units to 28.25 use to maximize medical assistance reimbursement for health and 28.26 health-related services provided under individual education 28.27 plans and individual family service plans. The statewide data 28.28 management system must enable school district and cooperative 28.29 unit staff to: 28.30 (1) establish medical assistance billing systems or improve 28.31 existing systems; 28.32 (2) understand the appropriate medical assistance billing 28.33 codes for services provided under individual education plans and 28.34 individual family service plans; 28.35 (3) comply with the Individuals with Disabilities Education 28.36 Act, Public Law Number 105-17; 29.1 (4) contract with billing agents; and 29.2 (5) carry out other activities necessary to maximize 29.3 medical assistance reimbursement. 29.4 Sec. 3. Minnesota Statutes 1996, section 120.06, 29.5 subdivision 2a, is amended to read: 29.6 Subd. 2a. [EDUCATION AND RESIDENCE OF HOMELESS.] (a) 29.7 Notwithstanding subdivision 1, a school district must not deny 29.8 free admission to a homeless person of school age solely because 29.9 the school district cannot determine that the person is a 29.10 resident of the school district. 29.11 (b) The school district of residence for a homeless person 29.12 of school age shall be the school district in which the homeless 29.13 shelter or other program, center, or facility assisting the 29.14 homeless person is located. The educational services a school 29.15 district provides to a homeless person must allow the person to 29.16 work toward meeting the graduation standards under section 29.17 121.11, subdivision 7c. 29.18 Sec. 4. Minnesota Statutes 1996, section 120.064, 29.19 subdivision 5, is amended to read: 29.20 Subd. 5. [CONTRACT.] The sponsor's authorization for a 29.21 charter school shall be in the form of a written contract signed 29.22 by the sponsor and the board of directors of the charter 29.23 school. The contract for a charter school shall be in writing 29.24 and contain at least the following: 29.25 (1) a description of a program that carries out one or more 29.26 of the purposes in subdivision 1; 29.27 (2) specific outcomes pupils are to achieve under 29.28 subdivision 10; 29.29 (3) admission policies and procedures; 29.30 (4) management and administration of the school; 29.31 (5) requirements and procedures for program and financial 29.32 audits; 29.33 (6) how the school will comply with subdivisions 8, 13, 15, 29.34 and 21; 29.35 (7) assumption of liability by the charter school; 29.36 (8) types and amounts of insurance coverage to be obtained 30.1 by the charter school;and30.2 (9) the term of the contract, which may be up to three 30.3 years; and 30.4 (10) if the board of directors or the operators of the 30.5 charter school provide special instruction and services for 30.6 children with a disability under section 120.17, a description 30.7 of the financial parameters within which the charter school will 30.8 operate to provide the special instruction and services to 30.9 children with a disability. 30.10 Sec. 5. Minnesota Statutes 1996, section 120.101, 30.11 subdivision 3, is amended to read: 30.12 Subd. 3. [PARENT DEFINED; RESIDENCY DETERMINED.] (a) In 30.13 sections 120.101 to 120.103, "parent" means a parent, guardian, 30.14 or other person having legal custody of a child. 30.15 (b) In section 120.17, "parent" means a parent, guardian, 30.16 or other person having legal custody of a child under age 18. 30.17 For an unmarried pupil age 18 or over, "parent" means the pupil 30.18 unless a guardian or conservator has been appointed, in which 30.19 case it means the guardian or conservator. 30.20 (c) For purposes of section 120.17, the school district of 30.21 residence for an unmarried pupil age 18 or over who is a parent 30.22 under paragraph (b) and who is placed in a center for care and 30.23 treatment, shall be the school district in which the pupil's 30.24 biological or adoptive parent or designated guardian resides. 30.25 (d) For a married pupil age 18 or over, the school district 30.26 of residence is the school district in which the married pupil 30.27 resides. 30.28 Sec. 6. Minnesota Statutes 1996, section 120.17, 30.29 subdivision 1, is amended to read: 30.30 Subdivision 1. [SPECIAL INSTRUCTION FOR CHILDREN WITH A 30.31 DISABILITY.] (a) As defined in paragraph (b), to the extent 30.32 required in federal law as of July 1, 1999, every district shall 30.33 provide special instruction and services, either within the 30.34 district or in another district, for children with a disability 30.35 who are residents of the district and who are disabled as set 30.36 forth in section 120.03. 31.1 (b) Notwithstanding any age limits in laws to the contrary, 31.2 special instruction and services must be provided from birth 31.3 until September 1 after the child with a disability becomes 22 31.4 years old but shall not extend beyond secondary school or its 31.5 equivalent, except as provided in section 126.22, subdivision 31.6 2. Local health, education, and social service agencies shall 31.7 refer children under age five who are known to need or suspected 31.8 of needing special instruction and services to the school 31.9 district. Districts with less than the minimum number of 31.10 eligible children with a disability as determined by the state 31.11 board shall cooperate with other districts to maintain a full 31.12 range of programs for education and services for children with a 31.13 disability. This subdivision does not alter the compulsory 31.14 attendance requirements of section 120.101. 31.15 Sec. 7. Minnesota Statutes 1996, section 120.17, 31.16 subdivision 2, is amended to read: 31.17 Subd. 2. [METHOD OF SPECIAL INSTRUCTION.] (a) As defined 31.18 in this subdivision, to the extent required by federal law as of 31.19 July 1, 1999, special instruction and services for children with 31.20 a disability must be based on the assessment and individual 31.21 education plan. The instruction and services may be provided by 31.22 one or more of the following methods: 31.23 (1) in connection with attending regular elementary and 31.24 secondary school classes; 31.25 (2) establishment of special classes; 31.26 (3) at the home or bedside of the child; 31.27 (4) in other districts; 31.28 (5) instruction and services by special education 31.29 cooperative centers established under this section, or in 31.30 another member district of the cooperative center to which the 31.31 resident district of the child with a disability belongs; 31.32 (6) in a state residential school or a school department of 31.33 a state institution approved by the commissioner; 31.34 (7) in other states; 31.35 (8) by contracting with public, private or voluntary 31.36 agencies; 32.1 (9) for children under age five and their families, 32.2 programs and services established through collaborative efforts 32.3 with other agencies; 32.4 (10) for children under age five and their families, 32.5 programs in which children with a disability are served with 32.6 children without a disability; and 32.7 (11) any other method approved by the commissioner. 32.8 (b) Preference shall be given to providing special 32.9 instruction and services to children under age three and their 32.10 families in the residence of the child with the parent or 32.11 primary caregiver, or both, present. 32.12 (c) The primary responsibility for the education of a child 32.13 with a disability shall remain with the district of the child's 32.14 residence regardless of which method of providing special 32.15 instruction and services is used. If a district other than a 32.16 child's district of residence provides special instruction and 32.17 services to the child, then the district providing the special 32.18 instruction and services shall notify the child's district of 32.19 residence before the child's individual education plan is 32.20 developed and shall provide the district of residence an 32.21 opportunity to participate in the plan's development. The 32.22 district of residence must inform the parents of the child about 32.23 the methods of instruction that are available. 32.24 (d) Paragraphs (e) to (i) may be cited as the "Blind 32.25 Persons' Literacy Rights and Education Act." 32.26 (e) The following definitions apply to paragraphs (f) to 32.27 (i). 32.28 "Blind student" means an individual who is eligible for 32.29 special educational services and who: 32.30 (1) has a visual acuity of 20/200 or less in the better eye 32.31 with correcting lenses or has a limited field of vision such 32.32 that the widest diameter subtends an angular distance of no 32.33 greater than 20 degrees; or 32.34 (2) has a medically indicated expectation of visual 32.35 deterioration. 32.36 "Braille" means the system of reading and writing through 33.1 touch commonly known as standard English Braille. 33.2"Individualized education plan" means a written statement33.3developed for a student eligible for special education and33.4services pursuant to this section and section 602(a)(20) of part33.5A of the Individuals with Disabilities Education Act, United33.6States Code, title 20, section 1401(a).33.7 (f) In developing an individualized education plan for each 33.8 blind student the presumption must be that proficiency in 33.9 Braille reading and writing is essential for the student to 33.10 achieve satisfactory educational progress. The assessment 33.11 required for each student must include a Braille skills 33.12 inventory, including a statement of strengths and deficits. 33.13 Braille instruction and use are not required by this paragraph 33.14 if, in the course of developing the student's individualized 33.15 education program, team members concur that the student's visual 33.16 impairment does not affect reading and writing performance 33.17 commensurate with ability. This paragraph does not require the 33.18 exclusive use of Braille if other special education services are 33.19 appropriate to the student's educational needs. The provision 33.20 of other appropriate services does not preclude Braille use or 33.21 instruction. Instruction in Braille reading and writing shall 33.22 be available for each blind student for whom the 33.23 multidisciplinary team has determined that reading and writing 33.24 is appropriate. 33.25 (g) Instruction in Braille reading and writing must be 33.26 sufficient to enable each blind student to communicate 33.27 effectively and efficiently with the same level of proficiency 33.28 expected of the student's peers of comparable ability and grade 33.29 level. 33.30 (h) The student's individualized education plan must 33.31 specify: 33.32 (1) the results obtained from the assessment required under 33.33 paragraph (f); 33.34 (2) how Braille will be implemented through integration 33.35 with other classroom activities; 33.36 (3) the date on which Braille instruction will begin; 34.1 (4) the length of the period of instruction and the 34.2 frequency and duration of each instructional session; 34.3 (5) the level of competency in Braille reading and writing 34.4 to be achieved by the end of the period and the objective 34.5 assessment measures to be used; and 34.6 (6) if a decision has been made under paragraph (f) that 34.7 Braille instruction or use is not required for the student: 34.8 (i) a statement that the decision was reached after a 34.9 review of pertinent literature describing the educational 34.10 benefits of Braille instruction and use; and 34.11 (ii) a specification of the evidence used to determine that 34.12 the student's ability to read and write effectively without 34.13 Braille is not impaired. 34.14 (i) Instruction in Braille reading and writing is a service 34.15 for the purpose of special education and services under this 34.16 section. 34.17 (j) Paragraphs (e) to (i) shall not be construed to 34.18 supersede any rights of a parent or guardian of a child with a 34.19 disability under federal or state law. 34.20 Sec. 8. Minnesota Statutes 1996, section 120.17, 34.21 subdivision 3, is amended to read: 34.22 Subd. 3. [RULES OF THE STATE BOARD.] (a) As defined in 34.23 this paragraph, but not to exceed the extent required by federal 34.24 law as of July 1, 1999, the state board shall promulgate rules 34.25 relative to qualifications of essential personnel, courses of 34.26 study, methods of instruction, pupil eligibility, size of 34.27 classes, rooms, equipment, supervision, parent consultation, and 34.28anyotherrules it deemsnecessary rules for instruction of 34.29 children with a disability. These rules shall provide standards 34.30 and procedures appropriate for the implementation of and within 34.31 the limitations of subdivisions 3a and 3b. These rules shall 34.32 also provide standards for the discipline, control, management 34.33 and protection of children with a disability. The state board 34.34 shall not adopt rules for pupils servedin level 1, 2, or 3, as34.35defined in Minnesota Rules, part 3525.2340,primarily in the 34.36 regular classroom establishing either case loads or the maximum 35.1 number of pupils that may be assigned to special education 35.2 teachers. The state board, in consultation with the departments 35.3 of health and human services, shall adopt permanent rules for 35.4 instruction and services for children under age five and their 35.5 families. These rules are binding on state and local education, 35.6 health, and human services agencies. The state board shall 35.7 adopt rules to determine eligibility for special education 35.8 services. The rules shall include procedures and standards by 35.9 which to grant variances for experimental eligibility criteria. 35.10 The state board shall, according to section 14.05, subdivision 35.11 4, notify a district applying for a variance from the rules 35.12 within 45 calendar days of receiving the request whether the 35.13 request for the variance has been granted or denied. If a 35.14 request is denied, the board shall specify the program standards 35.15 used to evaluate the request and the reasons for denying the 35.16 request. 35.17 (b) As provided in this paragraph, but not to exceed the 35.18 extent required by federal law as of July 1, 1999, the state's 35.19 regulatory scheme should support schools by assuring that all 35.20 state special education rules adopted by the state board of 35.21 education result in one or more of the following outcomes: 35.22 (1) increased time available to teachers and, where 35.23 appropriate, to support staff including school nurses for 35.24 educating students through direct and indirect instruction; 35.25 (2) consistent and uniform access to effective education 35.26 programs for students with disabilities throughout the state; 35.27 (3) reduced inequalities,and conflict, appropriate due 35.28 process hearing procedures and reduced court actions related to 35.29 the delivery of special education instruction and services for 35.30 students with disabilities; 35.31 (4) clear expectations for service providers and for 35.32 students with disabilities; 35.33 (5) increased accountability for all individuals and 35.34 agencies that provide instruction and other services to students 35.35 with disabilities; 35.36 (6) greater focus for the state and local resources 36.1 dedicated to educating students with disabilities; and 36.2 (7) clearer standards for evaluating the effectiveness of 36.3 education and support services for students with disabilities. 36.4 Sec. 9. Minnesota Statutes 1996, section 120.17, 36.5 subdivision 3a, is amended to read: 36.6 Subd. 3a. [SCHOOL DISTRICT OBLIGATIONS.] (a) As defined in 36.7 this subdivision, to the extent required by federal law as of 36.8 July 1, 1999, every district shall ensure that: 36.9 (1) all students with disabilities are provided the special 36.10 instruction and services which are appropriate to their needs. 36.11 Where the individual education plan team has determined 36.12 appropriate goals and objectives based on the student's needs, 36.13 including the extent to which the student can be included in the 36.14 least restrictive environment, and where there are essentially 36.15 equivalent and effective instruction, related services, or 36.16 assistive technology devices available to meet the student's 36.17 needs, cost to the school district may be among the factors 36.18 considered by the team in choosing how to provide the 36.19 appropriate services, instruction, or devices that are to be 36.20 made part of the student's individual education plan. The 36.21 student's needs and the special education instruction and 36.22 services to be provided shall be agreed upon through the 36.23 development of an individual education plan. The plan shall 36.24 address the student's need to develop skills to live and work as 36.25 independently as possible within the community. By grade 9 or 36.26 age 14, the plan shall address the student's needs for 36.27 transition from secondary services to post-secondary education 36.28 and training, employment, community participation, recreation, 36.29 and leisure and home living. The plan must include a statement 36.30 of the needed transition services, including a statement of the 36.31 interagency responsibilities or linkages or both before 36.32 secondary services are concluded; 36.33 (2) children with a disability under age five and their 36.34 families are provided special instruction and services 36.35 appropriate to the child's level of functioning and needs; 36.36 (3) children with a disability and their parents or 37.1 guardians are guaranteed procedural safeguards and the right to 37.2 participate in decisions involving identification, assessment 37.3 including assistive technology assessment, and educational 37.4 placement of children with a disability; 37.5 (4) eligibility and needs of children with a disability are 37.6 determined by an initial assessment or reassessment, which may 37.7 be completed using existing data under United States Code, title 37.8 20, section 33, et seq.; 37.9 (5) to the maximum extent appropriate, children with a 37.10 disability, including those in public or private institutions or 37.11 other care facilities, are educated with children who are not 37.12 disabled, and that special classes, separate schooling, or other 37.13 removal of children with a disability from the regular 37.14 educational environment occurs only when and to the extent that 37.15 the nature or severity of the disability is such that education 37.16 in regular classes with the use of supplementary services cannot 37.17 be achieved satisfactorily; 37.18(5)(6) in accordance with recognized professional 37.19 standards, testing and evaluation materials, and procedures 37.20 utilized for the purposes of classification and placement of 37.21 children with a disability are selected and administered so as 37.22 not to be racially or culturally discriminatory; and 37.23(6)(7) the rights of the child are protected when the 37.24 parents or guardians are not known or not available, or the 37.25 child is a ward of the state. 37.26 (b) For paraprofessionals employed to work in programs for 37.27 students with disabilities, the school board in each district 37.28 shall ensure that: 37.29 (1) before or immediately upon employment, each 37.30 paraprofessional develops sufficient knowledge and skills in 37.31 emergency procedures, building orientation, roles and 37.32 responsibilities, confidentiality, vulnerability, and 37.33 reportability, among other things, to begin meeting the needs of 37.34 the students with whom the paraprofessional works; 37.35 (2) annual training opportunities are available to enable 37.36 the paraprofessional to continue to further develop the 38.1 knowledge and skills that are specific to the students with whom 38.2 the paraprofessional works, including understanding 38.3 disabilities, following lesson plans, and implementing follow-up 38.4 instructional procedures and activities; and 38.5 (3) a districtwide process obligates each paraprofessional 38.6 to work under the ongoing direction of a licensed teacher and, 38.7 where appropriate and possible, the supervision of a school 38.8 nurse. 38.9 Sec. 10. Minnesota Statutes 1996, section 120.17, 38.10 subdivision 3b, is amended to read: 38.11 Subd. 3b. [PROCEDURES FOR DECISIONS.] As defined in this 38.12 paragraph, but not to exceed the extent required by federal law 38.13 as of July 1, 1999, every district shall utilizeat leastthe 38.14 following procedures for decisions involving identification, 38.15 assessment, and educational placement of children with a 38.16 disability: 38.17 (a) Parents and guardians shall receive prior written 38.18 notice of: 38.19 (1) any proposed formal educational assessment or proposed 38.20 denial of a formal educational assessment of their child; 38.21 (2) a proposed placement of their child in, transfer from 38.22 or to, or denial of placement in a special education program; or 38.23 (3) the proposed provision, addition, denial or removal of 38.24 special education services for their child;. 38.25 (b) The district shall not proceed with the initial formal 38.26 assessment of a child, the initial placement of a child in a 38.27 special education program, or the initial provision of special 38.28 education services for a child without the prior written consent 38.29 of the child's parent or guardian. The refusal of a parent or 38.30 guardian to consent may be overridden by the decision in a 38.31 hearing held pursuant toclauseparagraph (e) at the district's 38.32 initiative;. 38.33 (c) Parents and guardians shall have an opportunity to meet 38.34 with appropriate district staff in at least one conciliation 38.35 conference, mediation, or other method of alternative dispute 38.36 resolution that the parties agree to, if they object to any 39.1 proposal of which they are notified pursuant toclause39.2 paragraph (a). The intent of the state is to encourage parties 39.3 to resolve disputes through mediation or other form of 39.4 alternative dispute resolution. A school district and a parent 39.5 or guardian must participate in mediation using the mediation 39.6 services of MNSEMS, which is free to both parties, unless a 39.7 parent or guardian objects to the mediation. Mediation under 39.8 this paragraph shall not affect parties' subsequent rights to a 39.9 due process hearing. All mediation is subject to the 39.10 confidentiality requirements under rule 114.08 of the general 39.11 rules of practice for the district courts. The conciliation 39.12 process or other form of alternative dispute resolution shall 39.13 not be used to deny or delay a parent or guardian's right to a 39.14 due process hearing. If the parent or guardian refuses efforts 39.15 by the district to conciliate the dispute with the school 39.16 district, the requirement of an opportunity for conciliation or 39.17 other alternative dispute resolution shall be deemed to be 39.18 satisfied. Notwithstanding other law, in any proceeding 39.19 following a conciliation conference, the school district must 39.20 not offer a conciliation conference memorandum into evidence, 39.21 except for any portions that describe the district's final 39.22 proposed offer of service. Otherwise, with respect to forms of 39.23 dispute resolution, mediation, or conciliation, Minnesota Rule 39.24 of Evidence 408 applies. The department of children, families, 39.25 and learning may reimburse the districts or directly pay the 39.26 costs of lay advocates, not to exceed $150 per dispute, used in 39.27 conjunction with alternative dispute resolution. 39.28 (d) The commissioner shall establish a mediation process to 39.29 assist parents, school districts, or other parties to resolve 39.30 disputes arising out of the identification, assessment, or 39.31 educational placement of children with a disability. The 39.32 mediation process must be offered as an informal alternative to 39.33 the due process hearing provided underclauseparagraph (e), but 39.34 must not be used to deny or postpone the opportunity of a parent 39.35 or guardian to obtain a due process hearing. 39.36 (e) Parents, guardians, and the district shall have an 40.1 opportunity to obtain an impartial due process hearing initiated 40.2 and conducted by and in the school district responsible for 40.3 assuring that an appropriate program is provided in accordance 40.4 with state board rules, if the parent or guardian continues to 40.5 object to: 40.6 (1) a proposed formal educational assessment or proposed 40.7 denial of a formal educational assessment of their child; 40.8 (2) the proposed placement of their child in, or transfer 40.9 of their child to a special education program; 40.10 (3) the proposed denial of placement of their child in a 40.11 special education program or the transfer of their child from a 40.12 special education program; 40.13 (4) the proposed provision or addition of special education 40.14 services for their child; or 40.15 (5) the proposed denial or removal of special education 40.16 services for their child. 40.17 Unless otherwise agreed to by its parties, an impartial due 40.18 process hearing is limited to eight hours, with a maximum of 40.19 four hours available to each party. The party requesting the 40.20 hearing shall plead with specificity as to what issues are in 40.21 dispute and all issues not pleaded with specificity are deemed 40.22 waived. Parties to a hearing are encouraged to present only 40.23 essential witnesses to prove a claim. A hearing review officer, 40.24 at the officer's discretion, may exclude cumulative evidence. 40.25 Within five business days after the request for a hearing, 40.26 or as directed by the hearing officer, the objecting party shall 40.27 provide the other party with a brief written statement of 40.28 particulars of the objection, the reasons for the objection, and 40.29 the specific remedies sought. The other party shall provide the 40.30 objecting party with a written response to the statement of 40.31 objections within five business days of receipt of the statement. 40.32 The hearing shall take place before an impartial hearing 40.33 officer mutually agreed to by the school board and the parent or 40.34 guardian. Within four business days of the receipt of the 40.35 request for the hearing, if the parties have not agreed on the 40.36 hearing officer, the school board shall request the commissioner 41.1 to appoint a hearing officer from a list maintained for that 41.2 purpose. A retired judge, retired court referee, or retired 41.3 federal magistrate judge who is otherwise qualified under this 41.4 section and wishes to be a hearing officer must be put on the 41.5 list. The school board shall include with the request the name 41.6 of the person requesting the hearing, the name of the student, 41.7 the attorneys involved, if any, and the date the hearing request 41.8 was received. The hearing officer shall not be a school board 41.9 member or employee of the school district where the child 41.10 resides or of the child's school district of residence, an 41.11 employee of any other public agency involved in the education or 41.12 care of the child, or any person with a personal or professional 41.13 interest which would conflict with the person's objectivity at 41.14 the hearing. A person who otherwise qualifies as a hearing 41.15 officer is not an employee of the district solely because the 41.16 person is paid by the district to serve as a hearing 41.17 officer. Any party to a hearing, except an expedited hearing 41.18 under federal law, may make and serve upon the opposing party 41.19 and the commissioner a notice to remove a hearing officer 41.20 appointed by the commissioner. The notice shall be served and 41.21 filed within two business days after the party receives notice 41.22 of the appointment of the hearing officer by the commissioner, 41.23 but not later than the commencement of the hearing. 41.24 No such notice may be filed by a party against a hearing 41.25 officer who has presided at a motion or any other proceeding of 41.26 which the party had notice. A hearing officer who has presided 41.27 at a motion or other proceeding may not be removed except upon 41.28 an affirmative showing of prejudice on the part of the hearing 41.29 officer. 41.30 After the party has once disqualified a hearing officer as 41.31 a matter of right, that party may disqualify the substitute 41.32 hearing officer only by making an affirmative showing of 41.33 prejudice or bias to the commissioner, or to the chief 41.34 administrative law judge if the hearing officer is an 41.35 administrative law judge. 41.36 Upon the filing of a notice to remove or if a party makes 42.1 an affirmative showing of prejudice against a substitute hearing 42.2 officer, the commissioner shall assign any other hearing officer 42.3 to hear the matter. 42.4 If the hearing officer requests an independent educational 42.5 assessment of a child, the cost of the assessment shall be at 42.6 district expense. The proceedings shall be recorded and 42.7 preserved, at the expense of the school district, pending 42.8 ultimate disposition of the action. 42.9 (f) The decision of the hearing officer pursuant toclause42.10 paragraph (e) shall be rendered not more than 45 calendar days 42.11 from the date of the receipt of the request for the hearing, 42.12 except that hearing officers may exclude from the 45 calendar 42.13 days the time required for mediation under paragraph (c) and are 42.14 encouraged to accelerate the timeline to 30 days for children 42.15 birth through two whose needs change rapidly and require quick 42.16 resolution of complaints. A hearing officer may not grant 42.17 specific extensions of time beyond the 45-day period unless 42.18 requested by either party for good cause shown on the record. 42.19 The decision of the hearing officer shall be binding on all 42.20 parties unless appealed to the commissioner by the parent; 42.21 guardian; school board of the district where the child resides 42.22 pursuant toclause (g)paragraph (h); and also in the case of 42.23 children birth through two, by the county board. 42.24 The local decision shall: 42.25 (1) be in writing; 42.26 (2) state the controlling facts upon which the decision is 42.27 made in sufficient detail to apprise the parties and the hearing 42.28 review officer of the basis and reason for the decision; and 42.29 (3) be based on the standards set forth in subdivision 3a 42.30 and the rules of the state board. 42.31 (g) The hearing officer may require the resident school 42.32 district to provide compensatory educational services to the 42.33 child if the hearing officer finds that the school district has 42.34 not offered or made available to the child a free appropriate 42.35 public education in the child's educational program and that the 42.36 child has suffered a loss of educational benefit. Such services 43.1 shall take the form of direct and indirect special education and 43.2 related services designed to address any loss of educational 43.3 benefit that may have occurred. The hearing officer's finding 43.4 shall be based on a present determination of whether the child 43.5 has suffered a loss of educational benefit. 43.6(g)(h) Any local decision issued pursuant toclauses43.7 paragraphs (e) and (f) may be appealed to the commissioner 43.8 within 30 calendar days of receipt of that written decision, by 43.9 the parent, guardian, or the school board of the district 43.10 responsible for assuring that an appropriate program is provided 43.11 in accordance with state board rules. The appealing party shall 43.12 note the specific parts of the hearing decision being appealed. 43.13 If the decision is appealed, a written transcript of the 43.14 hearing shall be made by the school district and provided by the 43.15 district to the parties involved and the hearing review officer 43.16 within five calendar days of the filing of the appeal. The 43.17 hearing review officer shall conduct an appellate review and 43.18 issue a final independent decision based on an impartial review 43.19 of the local decision and the entire record within 30 calendar 43.20 days after the filing of the appeal. However, the hearing 43.21 review officer shall seek additional evidence if necessary and 43.22 may afford the parties an opportunity for written or oral 43.23 argument; provided any hearing held to seek additional evidence 43.24 shall be an impartial due process hearing but shall be deemed 43.25 not to be a contested case hearing for purposes of chapter 14. 43.26 The hearing review officer may grant specific extensions of time 43.27 beyond the 30-day period at the request of any party for good 43.28 cause shown on the record. 43.29 The final decision shall: 43.30 (1) be in writing; 43.31 (2) include findings and conclusions; and 43.32 (3) be based upon the standards set forth in subdivision 3a 43.33 and in the rules of the state board. 43.34(h)(i) The decision of the hearing review officer shall be 43.35 final unless appealed by the parent or guardian or school board 43.36 to the Minnesota court of appeals or federal district court as 44.1 provided by federal law. State judicial review shall be in 44.2 accordance with chapter 14. 44.3(i)(j) The commissioner of children, families, and 44.4 learning shall select an individual who has the qualifications 44.5 enumerated in this paragraph to serve as the hearing review 44.6 officer: 44.7 (1) the individual must be knowledgeable and impartial; 44.8 (2) the individual must not have a personal interest in or 44.9 specific involvement with the student who is a party to the 44.10 hearing; 44.11 (3) the individual must not have been employed as an 44.12 administrator by the district that is a party to the hearing; 44.13 (4) the individual must not have been involved in the 44.14 selection of the administrators of the district that is a party 44.15 to the hearing; 44.16 (5) the individual must not have a personal, economic, or 44.17 professional interest in the outcome of the hearing other than 44.18 the proper administration of the federal and state laws, rules, 44.19 and policies; 44.20 (6) the individual must not have substantial involvement in 44.21 the development of a state or local policy or procedures that 44.22 are challenged in the appeal; 44.23 (7) the individual is not a current employee or board 44.24 member of a Minnesota public school district, education 44.25 district, intermediate unit or regional education agency, the 44.26 department of children, families, and learning, the state board 44.27 of education; and 44.28 (8) the individual is not a current employee or board 44.29 member of a disability advocacy organization or group. 44.30(j)(k) In all appeals, the parent or guardian of the pupil 44.31 with a disability or the district that is a party to the hearing 44.32 may challenge the impartiality or competence of the proposed 44.33 hearing review officer by applying to the hearing review officer. 44.34(k)(l) Pending the completion of proceedings pursuant to 44.35 this subdivision, unless the district and the parent or guardian 44.36 of the child agree otherwise, the child shall remain in the 45.1 child's current educational placement and shall not be denied 45.2 initial admission to school. 45.3(l)(m) The child's school district of residence, a 45.4 resident district, and providing district shall receive notice 45.5 of and may be a party to any hearings or appeals under this 45.6 subdivision. 45.7(m)(n) A school district is not liable for harmless 45.8 technical violations of this subdivision or rules implementing 45.9 this subdivision if the school district can demonstrate on a 45.10 case-by-case basis that the violations did not harm the 45.11 student's educational progress or the parent or guardian's right 45.12 to notice, participation, or due process. 45.13(n)(o) Within ten calendar days after appointment, the 45.14 hearing officer shall schedule and hold a prehearing 45.15 conference. At that conference, or later, the hearing officer 45.16 may take any appropriate action that a court might take under 45.17 Rule 16 of Minnesota Rules of Civil Procedure including, but not 45.18 limited to, scheduling, jurisdiction, and listing witnesses 45.19 including expert witnesses. 45.20(o)(p) A hearing officer or hearing review officer 45.21 appointed under this subdivision shall be deemed to be an 45.22 employee of the state under section 3.732 for the purposes of 45.23 section 3.736 only. 45.24(p)(q) In order to be eligible for selection, hearing 45.25 officers and hearing review officers shall participate in 45.26 training and follow procedures as designated by the commissioner. 45.27(q)(r) The hearing officer may admit all evidence which 45.28 possesses probative value, including hearsay, if it is the type 45.29 of evidence on which reasonable, prudent persons are accustomed 45.30 to rely in the conduct of their serious affairs. The hearing 45.31 officer shall give effect to the rules of privilege recognized 45.32 by law. Evidence which is incompetent, irrelevant, immaterial, 45.33 or unduly repetitious shall be excluded. 45.34 Sec. 11. Minnesota Statutes 1996, section 120.17, 45.35 subdivision 6, is amended to read: 45.36 Subd. 6. [PLACEMENT IN ANOTHER DISTRICT; RESPONSIBILITY.] 46.1 The responsibility for special instruction and services for a 46.2 child with a disability temporarily placed in another district 46.3 for care and treatment shall be determined in the following 46.4 manner: 46.5 (a) The school district of residence of a child shall be 46.6 the district in which the child's parent resides, if living, or 46.7 the child's guardian, or the district designated by the 46.8 commissioner of children, families, and learning if neither 46.9 parent nor guardian is living within the state. 46.10 (b) When a child is temporarily placed for care and 46.11 treatment in a day program located in another district and the 46.12 child continues to live within the district of residence during 46.13 the care and treatment, the district of residence is responsible 46.14 for providing transportation and an appropriate educational 46.15 program for the child. The district may provide the educational 46.16 program at a school within the district of residence, at the 46.17 child's residence, or in the district in which the day treatment 46.18 center is located by paying tuition to that district. 46.19 (c) When a child is temporarily placed in a residential 46.20 program for care and treatment, the nonresident district in 46.21 which the child is placed is responsible for providing an 46.22 appropriate educational program for the child and necessary 46.23 transportation while the child is attending the educational 46.24 program; and shall bill the district of the child's residence 46.25 for the actual cost of providing the program, as outlined in 46.26 subdivision 4, except that the board, lodging, and treatment 46.27 costs incurred in behalf of a child with a disability placed 46.28 outside of the school district of residence by the commissioner 46.29 of human services or the commissioner of corrections or their 46.30 agents, for reasons other than for making provision for the 46.31 child's special educational needs shall not become the 46.32 responsibility of either the district providing the instruction 46.33 or the district of the child's residence. For the purposes of 46.34 this section, the state correctional facilities operated on a 46.35 fee-for-service basis are considered to be residential programs 46.36 for care and treatment. 47.1 (d) The district of residence shall pay tuition and other 47.2 program costs, not including transportation costs, to the 47.3 district providing the instruction and services. The district 47.4 of residence may claim general education aid for the child as 47.5 provided by law. Transportation costs shall be paid by the 47.6 district responsible for providing the transportation and the 47.7 state shall pay transportation aid to that district. 47.8 Sec. 12. Minnesota Statutes 1996, section 120.17, 47.9 subdivision 7, is amended to read: 47.10 Subd. 7. [PLACEMENT IN STATE INSTITUTION; RESPONSIBILITY.] 47.11 Responsibility for special instruction and services for a child 47.12 with a disability placed in a state institution on a temporary 47.13 basis shall be determined in the following manner: 47.14 (a) The legal residence of such child shall be the school 47.15 district in which the child's parent resides, if living, or the 47.16 child's guardian. 47.17 (b) When the educational needs of such child can be met 47.18 through the institutional program, the costs for such 47.19 instruction shall be paid by the department to which the 47.20 institution is assigned with exception of children placed in 47.21 fee-for-service facilities operated by the commissioner of 47.22 corrections whose cost for such instruction shall be paid as 47.23 outlined in subdivision 6. 47.24 (c) When it is determined that such child can benefit from 47.25 public school enrollment, provision for such instruction shall 47.26 be made in the following manner: 47.27 (1) determination of eligibility for special instruction 47.28 and services shall be made by the commissioner of children, 47.29 families, and learning and the commissioner of the department 47.30 responsible for the institution; 47.31 (2) the school district where the institution is located 47.32 shall be responsible for providing transportation and an 47.33 appropriate educational program for the child and shall make a 47.34 tuition charge to the child's district of residence for the 47.35 actual cost of providing the program; 47.36 (3) the district of the child's residence shall pay the 48.1 tuition and other program costs excluding transportation costs 48.2 and may claim general education aid for the child. 48.3 Transportation costs shall be paid by the district where the 48.4 institution is located and the state shall pay transportation 48.5 aid to that district. 48.6 Sec. 13. Minnesota Statutes 1996, section 120.17, 48.7 subdivision 9, is amended to read: 48.8 Subd. 9. [SPECIAL INSTRUCTION.] No resident of a district 48.9 who is eligible for special instruction and servicespursuant to48.10 under this section shall be deniedprovision of thisinstruction 48.11 and service on a shared time basis consistent with section 48.12 124A.034, subdivision 2, because ofattendance atattending a 48.13 nonpublic school defined in section 123.932, subdivision 3. If 48.14 a resident pupil with a disability attends a nonpublic school 48.15 located within the district of residence, the district shall 48.16 provide necessary transportation for that pupil within the 48.17 district between the nonpublic school and the educational 48.18 facility where special instruction and services are provided on 48.19 a shared time basis. If a resident pupil with a disability 48.20 attends a nonpublic school located in another district and if no 48.21 agreement existspursuant tounder section 124A.034, subdivision 48.22 1 or 1a, forthe provision ofproviding special instruction and 48.23 services on a shared time basis to that pupil by the district of 48.24 attendance and where the special instruction and services are 48.25 provided within the district of residence, the district of 48.26 residence shall provide necessary transportation for that pupil 48.27 between the boundary of the district of residence and the 48.28 educational facility. The district of residence may provide 48.29 necessary transportation for that pupil between its boundary and 48.30 the nonpublic school attended, but the nonpublic school shall 48.31 pay the cost of transportation provided outside the district 48.32 boundary. 48.33 Sec. 14. Minnesota Statutes 1996, section 120.17, 48.34 subdivision 15, is amended to read: 48.35 Subd. 15. [THIRD PARTY PAYMENT.] (a) Nothing in this 48.36 section relieves an insurer or similar third party from an 49.1 otherwise valid obligation to pay, or changes the validity of an 49.2 obligation to pay, for services rendered to a child with a 49.3 disability, and the child's family. A school district may pay 49.4 or reimburse copayments, coinsurance, deductibles, and other 49.5 enrollee cost-sharing amounts, on behalf of the student or 49.6 family, in connection with health and related services provided 49.7 under an individual educational plan. 49.8 (b) Beginning July 1, 1999, districts shall seek 49.9 reimbursement from insurers and similar third parties for the 49.10 cost of services provided by the district whenever the services 49.11 provided by the district are otherwise covered by the child's 49.12 health coverage. Districts shall request, but may not require, 49.13 the child's family to provide information about the child's 49.14 health coverage when a child with a disability begins to receive 49.15 services from the district of a type that may be reimbursable, 49.16 and shall request, but may not require, updated information 49.17 after that as needed. Districts shall request, but may not 49.18 require, the child's parent or legal representative to sign a 49.19 consent form, permitting the school district to apply for and 49.20 receive reimbursement directly from the insurer or other similar 49.21 third party, to the extent permitted by the insurer or other 49.22 third party. 49.23 (c) Of the reimbursements received, districts may: 49.24 (1) retain an amount sufficient to compensate the district 49.25 for its administrative costs of obtaining reimbursements; 49.26 (2) regularly obtain from education- and health-related 49.27 entities training and other appropriate technical assistance 49.28 designed to improve the district's ability to determine which 49.29 services are reimbursable and to seek timely reimbursement in a 49.30 cost-effective manner; or 49.31 (3) reallocate reimbursements for the benefit of students 49.32 with special needs in the district. 49.33 (d) To the extent required by federal law, a school 49.34 district may not require parents of children with disabilities, 49.35 if they would incur a financial cost, to use private or public 49.36 health coverage to pay for the services that must be provided 50.1 under an individual education plan. 50.2 (e) When obtaining informed consent, consistent with 50.3 sections 13.05, subdivision 4, paragraph (d); and 256B.77, 50.4 subdivision 2, paragraph (p), to bill health plans for covered 50.5 services, the school district must notify the legal 50.6 representative (1) that the cost of the person's health 50.7 insurance premium may increase due to providing the covered 50.8 service in the school setting, (2) that the school district may 50.9 pay certain health plan expenses, health plan expenses include, 50.10 but are not limited to, an enrollee's copayments, coinsurance, 50.11 deductibles, monthly premium increases or other enrollee 50.12 cost-sharing amounts for health and related services required by 50.13 an individual service plan, or individual family service plan, 50.14 and (3) that the school's billing for each type of covered 50.15 service may affect service limits and prior authorization 50.16 thresholds. The informed consent may be revoked in writing at 50.17 any time by the person authorizing the billing of the health 50.18 plan. 50.19 (f) To the extent required by federal law, no school 50.20 district may withhold or delay any service that must be provided 50.21 under an individual education plan because a family has refused 50.22 to provide informed consent to bill a health plan for services 50.23 or a health plan company has refused to pay any, all, or a 50.24 portion of the cost of services billed. 50.25 (g) A school district may disclose information contained in 50.26 a student's individual education plan, consistent with section 50.27 13.32, subdivision 3(a), including records of the student's 50.28 diagnosis and treatment, to a health plan company only with the 50.29 signed and dated consent of the student's parent, or other 50.30 legally authorized individual. The school district shall 50.31 disclose only that information necessary for the health plan 50.32 company to decide matters of payment. A health plan company may 50.33 use the information only for making decisions regarding payment, 50.34 and any other use of the information and dissemination of the 50.35 information is prohibited. 50.36 Sec. 15. Minnesota Statutes 1996, section 120.1701, 51.1 subdivision 17, is amended to read: 51.2 Subd. 17. [MEDIATION PROCEDURE.] The commissioner, or the 51.3 commissioner's designee, of the state lead agency shall use 51.4 federal funds to provide mediation for the activities in 51.5 paragraphs (a) and (b). 51.6 (a) A parent may resolve a dispute regarding issues in 51.7 subdivision 16, paragraph (b), clause (5), through mediation. 51.8 If the parent chooses mediation, all public agencies involved in 51.9 the dispute shall participate in the mediation process. The 51.10 parent and the public agencies must complete the mediation 51.11 process within2030 calendar days of the date thecommissioner51.12 office of dispute resolution receives a parent's written request 51.13 for mediation. The mediation process may not be used to delay a 51.14 parent's right to a due process hearing. The resolution of the 51.15 mediation is not binding on any party. 51.16 (b) Resolution of a dispute through mediation, or other 51.17 form of alternative dispute resolution, is not limited to formal 51.18 disputes arising from the objection of a parent or guardian and 51.19 is not limited to the period following a request for a due 51.20 process hearing. 51.21 (c) The commissioner shall provide training and resources 51.22 to school districts to facilitate early identification of 51.23 disputes and access to mediation. 51.24(b)(d) The local primary agency may request mediation on 51.25 behalf of involved agencies when there are disputes between 51.26 agencies regarding responsibilities to coordinate, provide, pay 51.27 for, or facilitate payment for early intervention services. 51.28 Sec. 16. Minnesota Statutes 1996, section 120.173, 51.29 subdivision 1, is amended to read: 51.30 Subdivision 1. [COMMISSIONER APPROVAL.] The commissioner 51.31 of children, families, and learning may approve applications 51.32 from school districts to provide prevention services as an 51.33 alternative to special education and other compensatory programs 51.34during three school years. A district with an approved program 51.35 may provide instruction and services in a regular education 51.36 classroom, or an area learning center, to eligible pupils. 52.1 Pupils eligible to participate in the program are low-performing 52.2 pupils who, based on documented experience, the professional 52.3 judgment of a classroom teacher, or a team of licensed 52.4 professionals, would eventually qualify for special education 52.5 instruction or related services under section 120.17 if the 52.6 intervention services authorized by this section were 52.7 unavailable. Pupils may be provided services during extended 52.8 school days and throughout the entire year and through the 52.9 assurance of mastery program under section 124.3111. 52.10 Sec. 17. Minnesota Statutes 1996, section 120.173, 52.11 subdivision 6, is amended to read: 52.12 Subd. 6. [PUPIL RIGHTS.] A pupil participating in the 52.13 program must be individually evaluated according to the pupil's 52.14 actual abilities and needs. A pupil who is eligible for 52.15 services under section 120.17 is entitled to procedural 52.16 protections provided underPublic Law Number 94-142United 52.17 States Code, title 20, section 33, in any matter that affects 52.18 the identification, evaluation, placement, or change in 52.19 placement of a pupil. The district must ensure the protection 52.20 of a pupil's civil rights, provide equal educational 52.21 opportunities, and prohibit discrimination. Failure to comply 52.22 with this subdivision will at least cause a district to become 52.23 ineligible to participate in the program. Notwithstanding rules 52.24 of the state board of education, a pupil's rights under this 52.25 section cannot be waived by the state board. 52.26 Sec. 18. Minnesota Statutes 1997 Supplement, section 52.27 120.181, is amended to read: 52.28 120.181 [PLACEMENT OF CHILDREN WITHOUT DISABILITIES; 52.29 EDUCATION AND TRANSPORTATION.] 52.30 The responsibility for providing instruction and 52.31 transportation for a pupil without a disability who has a 52.32 short-term or temporary physical or emotional illness or 52.33 disability, as determined by the standards of the state board, 52.34 and who is temporarily placed for care and treatment for that 52.35 illness or disability, shall be determined as provided in this 52.36 section. 53.1 (a) The school district of residence of the pupil shall be 53.2 the district in which the pupil's parent or guardian resides, or 53.3 when neither the pupil's parent nor guardian resides within the 53.4 state and tuition has been denied, the district designated by 53.5 the commissioner of children, families, and learning. 53.6 (b) Prior to the placement of a pupil for care and 53.7 treatment, the district of residence shall be notified and 53.8 provided an opportunity to participate in the placement 53.9 decision. When an immediate emergency placement is necessary 53.10 and time does not permit resident district participation in the 53.11 placement decision, the district in which the pupil is 53.12 temporarily placed, if different from the district of residence, 53.13 shall notify the district of residence of the emergency 53.14 placement within 15 days of the placement. 53.15 (c) When a pupil without a disability is temporarily placed 53.16 for care and treatment in a day program and the pupil continues 53.17 to live within the district of residence during the care and 53.18 treatment, the district of residence shall provide instruction 53.19 and necessary transportation for the pupil. The district may 53.20 provide the instruction at a school within the district of 53.21 residence, at the pupil's residence, or in the case of a 53.22 placement outside of the resident district, in the district in 53.23 which the day treatment program is located by paying tuition to 53.24 that district. The district of placement may contract with a 53.25 facility to provide instruction by teachers licensed by the 53.26 state board of teaching. 53.27 (d) When a pupil without a disability is temporarily placed 53.28 in a residential program for care and treatment, the district in 53.29 which the pupil is placed shall provide instruction for the 53.30 pupil and necessary transportation while the pupil is receiving 53.31 instruction, and in the case of a placement outside of the 53.32 district of residence, the nonresident district shall bill the 53.33 district of residence for the actual cost of providing the 53.34 instruction for the regular school year and for summer school, 53.35 excluding transportation costs. When a pupil without a 53.36 disability is temporarily placed in a residential program 54.1 outside the district of residence, the administrator of the 54.2 court placing the pupil shall send timely written notice of the 54.3 placement to the district of residence. The district of 54.4 placement may contract with a residential facility to provide 54.5 instruction by teachers licensed by the state board of 54.6 teaching. For purposes of this section, the state correctional 54.7 facilities operated on a fee-for-service basis are considered to 54.8 be residential programs for care and treatment. 54.9 (e) The district of residence shall include the pupil in 54.10 its residence count of pupil units and pay tuition as provided 54.11 in section 124.18 to the district providing the instruction. 54.12 Transportation costs shall be paid by the district providing the 54.13 transportation and the state shall pay transportation aid to 54.14 that district. For purposes of computing state transportation 54.15 aid, pupils governed by this subdivision shall be included in 54.16 the disabled transportation category. 54.17 Sec. 19. Minnesota Statutes 1996, section 123.935, 54.18 subdivision 1, is amended to read: 54.19 Subdivision 1. [PROVIDED SERVICES.] The state board of 54.20 education shall promulgate rules under the provisions of chapter 54.21 14 requiring each school district or other intermediary service 54.22 area: (a) to provide each year upon formal request by a 54.23 specific date by or on behalf of a nonpublic school pupil 54.24 enrolled in a nonpublic school located in that district or area, 54.25 the same specific health services as are provided for public 54.26 school pupils by the district where the nonpublic school is 54.27 located; and (b) to provide each year upon formal request by a 54.28 specific date by or on behalf of a nonpublic school secondary 54.29 pupil enrolled in a nonpublic school located in that district or 54.30 area, the same specific guidance and counseling services as are 54.31 provided for public school secondary pupils by the district 54.32 where the nonpublic school is located. The district where the 54.33 nonpublic school is located shall provide the necessary 54.34 transportation within the district boundaries between the 54.35 nonpublic school and a public school or neutral site for 54.36 nonpublic school pupils who are provided pupil support services 55.1pursuant tounder this section if the district elects to provide 55.2 pupil support services at a site other than the nonpublic school. 55.3 Each request for pupil support services shall set forth the 55.4 guidance and counseling or health services requested by or on 55.5 behalf of all eligible nonpublic school pupils enrolled in a 55.6 given nonpublic school. No district or intermediary service 55.7 area shall expend an amount for these pupil support services 55.8 which exceeds the amount allotted to it under this section. 55.9 Sec. 20. Minnesota Statutes 1996, section 123.935, 55.10 subdivision 2, is amended to read: 55.11 Subd. 2. [LOCATION OF SERVICES.] Health and guidance and 55.12 counseling services may be provided to nonpublic school 55.13 pupilspursuant tounder this section at a public school, a 55.14 neutral site, the nonpublic school or any other suitable 55.15 location.Guidance and counseling services may be provided to55.16nonpublic school pupils pursuant to this section only at a55.17public school or a neutral site.District or intermediary 55.18 service area personnel and representatives of the nonpublic 55.19 school pupils receiving pupil support services shall hold an 55.20 annual consultation regarding the type of services, provider of 55.21 services, and the location of the provision of these services. 55.22 The district board or intermediary service area governing board 55.23 shall make the final decision on the location of the provision 55.24 of these services. 55.25 Sec. 21. Minnesota Statutes 1996, section 124.17, 55.26 subdivision 2, is amended to read: 55.27 Subd. 2. [AVERAGE DAILY MEMBERSHIP.] Membership for pupils 55.28 in grades kindergarten through 12 and for prekindergarten pupils 55.29 with disabilities shall mean the number of pupils on the current 55.30 roll of the school, counted from the date of entry until 55.31 withdrawal. The date of withdrawal shall mean the day the pupil 55.32 permanently leaves the school or the date it is officially known 55.33 that the pupil has left or has been legally excused. However, a 55.34 pupil, regardless of age, who has been absent from school for 15 55.35 consecutive school days during the regular school year or for 55.36 five consecutive school days during summer school or 56.1 intersession classes of flexible school year programs without 56.2 receiving instruction in the home or hospital shall be dropped 56.3 from the roll and classified as withdrawn. Nothing in this 56.4 section shall be construed as waiving the compulsory attendance 56.5 provisions cited in section 120.101. Average daily membership 56.6 shall equal the sum for all pupils of the number of days of the 56.7 school year each pupil is enrolled in the district's schools 56.8 divided by the number of days the schools are in session. Days 56.9 of summer school or intersession classes of flexible school year 56.10 programs shall only be included in the computation of membership 56.11 for pupils with a disability not appropriately servedat level56.124, 5, or 6 of the continuum of placement model described in56.13Minnesota Rules, part 3525.0200primarily in the regular 56.14 classroom. 56.15 Sec. 22. Minnesota Statutes 1997 Supplement, section 56.16 124.3111, subdivision 2, is amended to read: 56.17 Subd. 2. [ELIGIBLE PUPILS.] A pupil is eligible to receive 56.18 services through an assurance of mastery program if the pupil 56.19 has not demonstrated progress toward mastering the required 56.20 graduation standards, after receiving instruction that was 56.21 designed to enable the pupil to make progress toward mastering 56.22 the required graduation standards in a regular classroom 56.23 setting. A pupil also is eligible to receive services through 56.24 an assurance of mastery program if the pupil, based on the 56.25 professional judgment of a classroom teacher or a team of 56.26 licensed professionals, demonstrates a need for alternative 56.27 instructional strategies or interventions. To determine pupil 56.28 eligibility, a district must use a process adopted by the school 56.29 board to review curriculum and instruction, for the subjects and 56.30 at the grade level at which the district uses the revenue. 56.31 Sec. 23. Minnesota Statutes 1997 Supplement, section 56.32 124.3111, subdivision 3, is amended to read: 56.33 Subd. 3. [ELIGIBLE SERVICES.] (a) Assurance of mastery 56.34 programs may provide direct instructional services to an 56.35 eligible pupil, or a group of eligible pupils, under the 56.36 following conditions in paragraphs (b) to(d)(e). 57.1 (b) Instruction may be provided at one or more grade levels 57.2 from kindergarten to grade 8 and for students in grades 9 57.3 through 12 who have failed the basic skills tests. If an 57.4 assessment of pupils' needs within a district demonstrates that 57.5 the eligible pupils in grades kindergarten to grade 8 are being 57.6 appropriately served, a district may serve eligible pupils in 57.7 grades 9 to 12. 57.8 (c) Instruction must be provided under the supervision of 57.9 the eligible pupil's regular classroom teacher. Instruction may 57.10 be provided by the eligible pupil's classroom teacher, by 57.11 another teacher, by a team of teachers, or by an education 57.12 assistant or aide. A special education teacher may provide 57.13 instruction, but instruction that is provided under this section 57.14 is not eligible for aid under section 124.3201. 57.15 (d) The instruction that is provided must differ from the 57.16 initial instruction the pupil received in the regular classroom 57.17 setting. The instruction may differ by presenting different 57.18 curriculum than was initially presented in the regular classroom 57.19 or by presenting the same curriculum: 57.20 (1) at a different rate or in a different sequence than it 57.21 was initially presented; 57.22 (2) using different teaching methods or techniques than 57.23 were used initially; or 57.24 (3) using different instructional materials than were used 57.25 initially. 57.26 (e) Instruction must focus on preventive measures that meet 57.27 students' individual needs. 57.28 Sec. 24. Minnesota Statutes 1996, section 124.32, is 57.29 amended by adding a subdivision to read: 57.30 Subd. 13. [LITIGATION AND HEARING COSTS.] (a) For fiscal 57.31 year 1999 and thereafter, the commissioner of children, 57.32 families, and learning, or the commissioner's designee, shall 57.33 use federal funds to reimburse school districts for the 57.34 administrative costs of a due process hearing incurred under 57.35 section 120.17, subdivision 3b, paragraphs (e), (h), and (i), 57.36 including hearing officer fees, court reporter fees, mileage 58.1 costs, transcript costs, and rental of hearing rooms, but not 58.2 including district legal or attorney fees. In order to receive 58.3 federal aid under this paragraph, a school district shall submit 58.4 to the commissioner at the end of each school year itemized 58.5 actual costs for fees and other expenses under this paragraph. 58.6 Federal funds used for aid to school districts under this 58.7 paragraph shall be based on costs districts submitted during the 58.8 previous school year. 58.9 (b) For fiscal year 1999 and thereafter, a school district, 58.10 to the extent to which it prevails as prescribed by Rule 68 of 58.11 the Federal Rules of Civil Procedure, shall receive state aid 58.12 for litigation costs incurred after a request for a due process 58.13 hearing is served upon the parties based on 50 percent of the 58.14 costs associated with a due process hearing under section 58.15 120.17, subdivision 3b, paragraphs (e), (h), and (i), not 58.16 covered under paragraph (a), including hearing officer fees, 58.17 court reporter fees, expert witness fees, mileage costs, 58.18 transcript costs, cost of outside evaluations ordered by the 58.19 hearing officer, rental of hearing rooms, and district legal or 58.20 attorney fees. No more than 60 percent of the aid a school 58.21 district receives under this paragraph shall be for the costs of 58.22 district legal or attorney fees, which shall be available only 58.23 if the district can satisfactorily demonstrate to the 58.24 commissioner that it is the prevailing party under Rule 68 of 58.25 the Federal Rules of Civil Procedure, and the district has made 58.26 a good faith effort to resolve the dispute through mediation. 58.27 To receive aid under this paragraph, a school district shall 58.28 submit to the commissioner at the end of each school year 58.29 itemized actual costs associated with due process hearing and 58.30 indicate those costs for which federal funds are available under 58.31 paragraph (a). Aid under this paragraph for each school 58.32 district is based on costs submitted from the previous school 58.33 year. 58.34 Sec. 25. Minnesota Statutes 1997 Supplement, section 58.35 124.3201, subdivision 1, is amended to read: 58.36 Subdivision 1. [DEFINITIONS.] For the purposes of this 59.1 section and section 124.321, the definitions in this subdivision 59.2 apply. 59.3 (a) "Base year" for fiscal year19982000 and later fiscal 59.4 years means thesecondfiscal year preceding the fiscal year for 59.5 which aid will be paid. 59.6 (b) "Basic revenue" has the meaning given it in section 59.7 124A.22, subdivision 2. For the purposes of computing basic 59.8 revenue pursuant to this section, each child with a disability 59.9 shall be counted as prescribed in section 124.17, subdivision 1. 59.10 (c) "Essential personnel" means teachers, related services, 59.11 and support services staff providing direct services to students. 59.12 (d) "Average daily membership" has the meaning given it in 59.13 section 124.17. 59.14 (e) "Program growth factor" means 1.00 for fiscal year 2000 59.15 and later. 59.16 (f) "Aid percentage factor" means 60 percent for fiscal 59.17 year 1996, 70 percent for fiscal year 1997, 80 percent for 59.18 fiscal year 1998, 90 percent for fiscal year 1999, and 100 59.19 percent for fiscal years 2000 and later. 59.20 (g) "Levy percentage factor" means 100 minus the aid 59.21 percentage factor for that year. 59.22 Sec. 26. Minnesota Statutes 1997 Supplement, section 59.23 124.3201, subdivision 2, is amended to read: 59.24 Subd. 2. [SPECIAL EDUCATION BASE REVENUE.] (a) The special 59.25 education base revenue equals the sum of the following amounts 59.26 computed using base year data: 59.27 (1) 68 percent of the salary of each essential person 59.28 employed in the district's program for children with a 59.29 disability during theregular schoolfiscal year, whether the 59.30 person is employed by one or more districts or a Minnesota 59.31 correctional facility operating on a fee-for-service basis; 59.32 (2) for the Minnesota state academy for the deaf or the 59.33 Minnesota state academy for the blind, 68 percent of the salary 59.34 of each instructional aide assigned to a child attending the 59.35 academy, if that aide is required by the child's individual 59.36 education plan; 60.1 (3) for special instruction and services provided to any 60.2 pupil by contracting with public, private, or voluntary agencies 60.3 other than school districts, in place of special instruction and 60.4 services provided by the district, 52 percent of the difference 60.5 between the amount of the contract and the basic revenue of the 60.6 district for that pupil for the fraction of the school day the 60.7 pupil receives services under the contract; 60.8 (4) for special instruction and services provided to any 60.9 pupil by contracting for services with public, private, or 60.10 voluntary agencies other than school districts, that are 60.11 supplementary to a full educational program provided by the 60.12 school district, 52 percent of the amount of the contract for 60.13 that pupil; 60.14 (5) for supplies and equipment purchased or rented for use 60.15 in the instruction of children with a disability an amount equal 60.16 to 47 percent of the sum actually expended by the district, or a 60.17 Minnesota correctional facility operating on a fee-for-service 60.18 basis, but not to exceed an average of $47 in any one school 60.19 year for each child with a disability receiving instruction; 60.20 (6) for fiscal years 1997 and later, special education base 60.21 revenue shall include amounts under clauses (1) to (5) for 60.22 special education summer programs provided during the base year 60.23 for that fiscal year; and 60.24 (7) for fiscal years 1999 and later, the cost of providing 60.25 transportation services for children with disabilities under 60.26 section 124.225, subdivision 1, paragraph (b), clause (4). 60.27 (b) If requested by a school district operating a special 60.28 education program during the base year for less than the full 60.29schoolfiscal year, or a school district in which is located a 60.30 Minnesota correctional facility operating on a fee-for-service 60.31 basis for less than the full fiscal year, the commissioner may 60.32 adjust the base revenue to reflect the expenditures that would 60.33 have occurred during the base year had the program been operated 60.34 for the fullschoolfiscal year. 60.35 (c) Notwithstanding paragraphs (a) and (b), the portion of 60.36 a school district's base revenue attributable to a Minnesota 61.1 correctional facility operating on a fee-for-service basis 61.2 during the facilities first year of operating on a 61.3 fee-for-service basis shall be computed using current year data. 61.4 Sec. 27. Minnesota Statutes 1997 Supplement, section 61.5 124.3201, subdivision 4, is amended to read: 61.6 Subd. 4. [STATE TOTAL SPECIAL EDUCATION REVENUE.] (a) The 61.7 state total special education revenue for fiscal year 1998 61.8 equals $358,542,000. The state total special education revenue 61.9 for fiscal year 1999 equals $435,322,000. The state total 61.10 special education revenue for later fiscal years equals: 61.11 (1) the state total special education revenue for the 61.12 preceding fiscal year; times 61.13 (2) the program growth factor; times 61.14 (3) the ratio of the state total average daily membership 61.15 for the current fiscal year to the state total average daily 61.16 membership for the preceding fiscal year. 61.17 (b) For fiscal years 2000 and later, the commissioner shall 61.18 increase the state total special education revenue amount by the 61.19 amount of any decrease in the excess cost aid program due to 61.20 eliminating the two-year lag under subdivision 1. 61.21 Sec. 28. Minnesota Statutes 1996, section 124.3201, 61.22 subdivision 5, is amended to read: 61.23 Subd. 5. [SCHOOL DISTRICT SPECIAL EDUCATION REVENUE.] (a) 61.24 A school district's special education revenue for fiscal year 61.25 1996 and later equals the state total special education revenue, 61.26 minus the amount determined under paragraph (b), times the ratio 61.27 of the district's adjusted special education base revenue to the 61.28 state total adjusted special education base revenue. If the 61.29 state board of education modifies its rules for special 61.30 education in a manner that increases a school district's special 61.31 education obligations or service requirements, the commissioner 61.32 of children, families, and learning shall annually increase each 61.33 district's special education revenue by the amount necessary to 61.34 compensate for the increased service requirements. The 61.35 additional revenue equals the cost in the current year 61.36 attributable to rule changes not reflected in the computation of 62.1 special education base revenue, multiplied by the appropriate 62.2 percentages from subdivision 2. 62.3 (b) Notwithstanding paragraph (a), if the special education 62.4 base revenue for a district equals zero, the special education 62.5 revenue equals the amount computed according to subdivision 2 62.6 using current year data. 62.7 (c) If the state special education base revenue is not 62.8 known during the current year, the department of children, 62.9 families, and learning shall initially calculate school district 62.10 special education revenue based on 95 percent of the state total 62.11 special education revenue established in subdivision 4 until the 62.12 special education base revenue is known. 62.13 Sec. 29. Minnesota Statutes 1996, section 124.323, is 62.14 amended by adding a subdivision to read: 62.15 Subd. 4. [TUITION.] Notwithstanding section 120.17, for 62.16 children who are nonresidents of Minnesota, receive services 62.17 under section 124.3201, subdivisions 1 and 2, and are placed in 62.18 the serving school district by court action, the serving school 62.19 district shall submit unreimbursed tuition bills for eligible 62.20 services to the department of children, families, and learning 62.21 instead of the resident school district. To be eligible for 62.22 reimbursement, the serving school district, as part of its child 62.23 intake procedures, must demonstrate good faith effort to obtain 62.24 from the placing agency a financial commitment to pay tuition 62.25 costs. 62.26 Sec. 30. Minnesota Statutes 1996, section 124A.034, 62.27 subdivision 2, is amended to read: 62.28 Subd. 2. [LOCATION OF SERVICES.] (a) Public school 62.29 programs that provide instruction in core curriculum may be 62.30 provided to shared time pupils only at a public school building; 62.31provided, however, that special instruction and services for62.32children with a disability required pursuant to section 120.1762.33may also be provided at a neutral site as defined in section62.34123.932,public school programs, excluding programs that provide 62.35 instruction in core curriculum, may be provided to shared time 62.36 pupils at a public school building, a neutral site, the 63.1 nonpublic school, or any other suitable location. Guidance and 63.2 counseling and diagnostic and health services requiredpursuant63.3tounder section 120.17 mayalsobe provided at a nonpublic 63.4 school building. As used in this subdivision, "diagnostic 63.5 services" means speech, hearing, vision, psychological, medical 63.6 and dental diagnostic services and "health services" means 63.7 physician, nursing or optometric services provided to pupils in 63.8 the field of physical and mental health. 63.9 (b) For those children with a disability under section 63.10 120.17 who attend nonpublic school and for whom a free and 63.11 appropriate education is available at a public school, a school 63.12 district may provide special instruction and services at the 63.13 nonpublic school building only to the extent required under the 63.14 Individuals with Disabilities Education Act, Public Law Number 63.15 105-17, as amended. A school district may provide special 63.16 instruction and services for such children at a neutral site as 63.17 defined in section 123.932, subdivision 9. 63.18 Sec. 31. Minnesota Statutes 1996, section 124A.036, 63.19 subdivision 1a, is amended to read: 63.20 Subd. 1a. [REPORTING; REVENUE FOR HOMELESS.] For all 63.21 school purposes, unless otherwise specifically provided by law, 63.22 a homeless pupilmust be consideredis a resident of the school 63.23 districtthat enrolls the pupilin which the homeless shelter or 63.24 other program, center, or facility assisting the homeless pupil 63.25 or the pupil's family is located. 63.26 Sec. 32. Minnesota Statutes 1996, section 124A.036, is 63.27 amended by adding a subdivision to read: 63.28 Subd. 1b. [REVENUE FOR CHILDREN OF DIVORCED PARENTS.] (a) 63.29 In those instances when the divorced parents share joint 63.30 physical custody of the child and the divorced parents reside in 63.31 different school districts, for all school purposes, unless 63.32 otherwise specifically provided by law, the child must be 63.33 considered a resident of the school district in which the child 63.34 resides for the majority of the school year, as indicated by the 63.35 child's parents. 63.36 (b) When the child of divorced parents under paragraph (a) 64.1 resides with each parent on alternate weeks, the parents shall 64.2 transport the child to the border of the resident school 64.3 district during those weeks when the child resides in the 64.4 nonresident school district. 64.5 Sec. 33. Minnesota Statutes 1996, section 124A.036, 64.6 subdivision 4, is amended to read: 64.7 Subd. 4. [STATE AGENCY AND COURT PLACEMENTS.] If a state 64.8 agency or a court of the state desires to place a child in a 64.9 school district which is not the child's district of 64.10 residence or to place a pupil who is a parent under section 64.11 120.101, subdivision 3, in a school district which is not the 64.12 school district in which the pupil's biological or adoptive 64.13 parent or designated guardian resides, that agency or court 64.14 shall, prior to placement, allow the district of residence an 64.15 opportunity to participate in the placement decision and notify 64.16 the district of residence, the district of attendance and the 64.17 commissioner of children, families, and learning of the 64.18 placement decision. When a state agency or court determines 64.19 that an immediate emergency placement is necessary and that time 64.20 does not permit district participation in the placement decision 64.21 or notice to the districts and the commissioner of children, 64.22 families, and learning of the placement decision prior to the 64.23 placement, the agency or court may make the decision and 64.24 placement without that participation or prior notice. The 64.25 agency or court shall notify the district of residence, the 64.26 district of attendance and the commissioner of children, 64.27 families, and learning of an emergency placement within 15 days 64.28 of the placement. 64.29 Sec. 34. Minnesota Statutes 1996, section 124C.45, 64.30 subdivision 2, is amended to read: 64.31 Subd. 2. [ACCESS TO SERVICES.] A center shall have access 64.32 to the district's regular education programs, special education 64.33 programs, technology facilities, and staff. It may contract 64.34 with individuals or post-secondary institutions. It shall seek 64.35 the involvement of community education programs, post-secondary 64.36 institutions, interagency collaboratives, community resources, 65.1 businesses, and other federal, state, and local public agencies. 65.2 Sec. 35. Minnesota Statutes 1997 Supplement, section 65.3 124C.46, subdivision 1, is amended to read: 65.4 Subdivision 1. [PROGRAM FOCUS.] (a) The programs and 65.5 services of a center must focus on academic and learning skills, 65.6 applied learning opportunities, trade and vocational skills, 65.7 work-based learning opportunities, work experience, youth 65.8 service to the community, and transition services. Applied 65.9 learning, work-based learning, and service learning may best be 65.10 developed in collaboration with a local education and 65.11 transitions partnership. In addition to offering programs, the 65.12 center shall coordinate the use of other available educational 65.13 services, special education services, social services, health 65.14 services, and post-secondary institutions in the community and 65.15 services area. 65.16 (b) Consistent with the requirements of sections 127.26 to 65.17 127.39, a school district may provide an alternative education 65.18 program for a student who is within the compulsory attendance 65.19 age under section 120.06 and who is involved in severe or 65.20 repeated disciplinary action. 65.21 (c) Area learning centers are encouraged to offer 65.22 extended-day and extended-year programs to pupils who are at 65.23 risk of not meeting state graduation standards. 65.24 Sec. 36. Minnesota Statutes 1997 Supplement, section 65.25 124C.46, subdivision 2, is amended to read: 65.26 Subd. 2. [PEOPLE TO BE SERVED.] A center shall provide 65.27 programs for secondary pupils and adults. A center may also 65.28 provide programs and services for elementary and secondary 65.29 pupils who are not attending the center to assist them in being 65.30 successful in school. An individual education plan team may 65.31 identify a center as an appropriate placement to the extent a 65.32 center can provide the student with the appropriate special 65.33 education services described in the student's plan. Pupils 65.34 eligible to be served are those age five to adults2122 and 65.35 older who qualify under the graduation incentives program in 65.36 section 126.22, subdivision 2, or those pupils who are eligible 66.1 to receive special education services under section 120.17. 66.2 Sec. 37. Minnesota Statutes 1996, section 124C.47, is 66.3 amended to read: 66.4 124C.47 [RESOURCE CENTER FOR OTHER PROGRAMS.] 66.5 An area learning center must serve as a resource for other 66.6 districts, educational, community, and business organizations. 66.7 The center may charge a fee for these services. The following 66.8 services shall be provided for a region or the state: 66.9 (1) information and research for alternative programs; 66.10 (2) regional or state workshops on awareness, 66.11 identification, programs, and support for these pupils;and66.12 (3) recommendations for staff qualifications to ensure the 66.13 most qualified staff can be selected for the programs; and 66.14 (4) recommendations for successful learning programs for 66.15 special education students placed in an alternative setting. 66.16 Sec. 38. Minnesota Statutes 1996, section 124C.48, is 66.17 amended by adding a subdivision to read: 66.18 Subd. 3. [SPECIAL EDUCATION REVENUE.] Payment of special 66.19 education revenue for nonresident pupils enrolled in the center 66.20 must be made according to section 120.17, subdivision 6. 66.21 Sec. 39. Minnesota Statutes 1996, section 126.237, is 66.22 amended to read: 66.23 126.237 [ALTERNATE INSTRUCTION REQUIRED.] 66.24 (a) Before a pupil is referred for a special education 66.25 assessment, the district must conduct and document at least two 66.26 instructional strategies, alternatives, or interventions while 66.27 the pupil is in the regular classroom. The pupil's teacher must 66.28 provide the documentation. A special education assessment team 66.29 may waive this requirement when they determine the pupil's need 66.30 for the assessment is urgent. This section may not be used to 66.31 deny a pupil's right to a special education assessment. 66.32 (b) A school district shall adopt procedures for using 66.33 alternative intervention services, including the assurance of 66.34 mastery program under section 124.3111 and the first grade 66.35 preparedness program under section 124.2613, to serve at-risk 66.36 students who demonstrate a need for alternative instructional 67.1 strategies or interventions. 67.2 Sec. 40. Minnesota Statutes 1996, section 127.27, 67.3 subdivision 2, is amended to read: 67.4 Subd. 2. [DISMISSAL.] "Dismissal" means the denial of the 67.5appropriatecurrent educational program to any pupil, including 67.6 exclusion, expulsion, and suspension. It does not include 67.7 removal from class. 67.8 Sec. 41. Minnesota Statutes 1996, section 127.27, 67.9 subdivision 4, is amended to read: 67.10 Subd. 4. [EXCLUSION.] "Exclusion" means an action taken by 67.11 the school board to prevent enrollment or reenrollment of a 67.12 pupil for a period that shall not extend beyond the end of the 67.13 current school year. 67.14 Sec. 42. Minnesota Statutes 1997 Supplement, section 67.15 127.27, subdivision 10, is amended to read: 67.16 Subd. 10. [SUSPENSION.] "Suspension" means an action by 67.17 the school administration, under rules promulgated by the school 67.18 board, prohibiting a pupil from attending school for a period of 67.19 no more than ten school days. If a suspension is longer than 67.20 five days, the suspending administrator must provide the 67.21 superintendent with a reason for the longer suspension. This 67.22 definition does not apply to dismissal from school for one 67.23 school day or less, except as provided in federal law for a 67.24 student with a disability. Each suspension actionshallmay 67.25 include a readmission plan. The readmission plan shall include, 67.26 where appropriate, a provision for implementing alternative 67.27 educational services upon readmission and may not be used to 67.28 extend the current suspension. The school administration may 67.29 not impose consecutive suspensions against the same pupil for 67.30 the same course of conduct, or incident of misconduct, except 67.31 where the pupil will create an immediate and substantial danger 67.32 to self or to surrounding persons or property, or where the 67.33 district is in the process of initiating an expulsion, in which 67.34 case the school administration may extend the suspensionupto a 67.35 total of 15 days. In the case of a pupil with a disability,a67.36suspension may not exceed ten school daysschool districts must 68.1 comply with applicable federal law. The school administration 68.2 shall implement alternative educational servicesto the extent68.3thatwhen the suspension exceedsfiveten days. A separate 68.4 administrative conference is required for each period of 68.5 suspension. 68.6 Sec. 43. Minnesota Statutes 1997 Supplement, section 68.7 127.27, subdivision 11, is amended to read: 68.8 Subd. 11. [ALTERNATIVE EDUCATIONAL SERVICES.] "Alternative 68.9 educational services" may include, but are not limited to, 68.10 special tutoring, modified curriculum, modified instruction, 68.11 other modifications or adaptations, instruction through 68.12 electronic media, special education services as indicated by 68.13 appropriate assessment, homebound instruction, supervised 68.14 homework, or enrollment in another district or in an alternative 68.15 learning center under section 124C.45 selected to allow the 68.16 pupil to progress toward meeting graduation standards under 68.17 section 121.11, subdivision 7c, although in a different setting. 68.18 Sec. 44. Minnesota Statutes 1997 Supplement, section 68.19 127.281, is amended to read: 68.20 127.281 [EXCLUSION AND EXPULSION OF PUPILS WITH A 68.21 DISABILITY.] 68.22 When a pupil who has an individual education plan is 68.23 excluded or expelled under sections 127.26 to 127.39 for 68.24 misbehavior that is not a manifestation of the pupil's 68.25 disability, the district shall continue to provide special 68.26 education and related services after a period of suspension, if 68.27 suspension is imposed. The district shall initiate a review of 68.28 the individual education plan withinfiveten school days of 68.29 commencing an expulsion, exclusion, or a suspension. 68.30 Sec. 45. Minnesota Statutes 1997 Supplement, section 68.31 127.31, subdivision 15, is amended to read: 68.32 Subd. 15. [ADMISSION OR READMISSION PLAN.] A school 68.33 administrator shall prepare and enforce an admission or 68.34 readmission plan for any pupil who issuspended,excluded,or 68.35 expelled from school. The plan may include measures to improve 68.36 the pupil's behavior and require parental involvement in the 69.1 admission or readmission process, and may indicate the 69.2 consequences to the pupil of not improving the pupil's behavior. 69.3 Sec. 46. Minnesota Statutes 1997 Supplement, section 69.4 127.32, is amended to read: 69.5 127.32 [APPEAL.] 69.6 A party to an exclusion or expulsion decision made under 69.7 sections 127.26 to 127.39 may appeal the decision to the 69.8 commissioner of children, families, and learning within 21 69.9 calendar days of school board action. Upon being served with a 69.10 notice of appeal, the district shall provide the commissioner 69.11 and the parent or guardian with a complete copy of the hearing 69.12 record within five days of its receipt of the notice of appeal. 69.13 All written submissions by the appellant must be submitted and 69.14 served on the respondent within ten days of its actual receipt 69.15 of the transcript. All written submissions by the respondent 69.16 must be submitted and served on the appellant within ten days of 69.17 its actual receipt of the written submissions of the appellant. 69.18 The decision of the school board must be implemented during the 69.19 appeal to the commissioner. 69.20 In an appeal under this section, the commissioner may 69.21 affirm the decision of the agency, may remand the decision for 69.22 additional findings, or may reverse or modify the decision if 69.23 the substantial rights of the petitionersmayhave been 69.24 prejudiced because the administrative findings, inferences, 69.25 conclusions, or decisions are: 69.26 (1) in violation of constitutional provisions; 69.27 (2) in excess of the statutory authority or jurisdiction of 69.28 the school district; 69.29 (3) made upon unlawful procedure, except as provided in 69.30 section 127.311; 69.31 (4) affected by other error of law; 69.32 (5) unsupported by substantial evidence in view of the 69.33 entire record submitted; or 69.34 (6) arbitrary or capricious. 69.35 The commissioner or the commissioner's representative shall make 69.36 a final decision based upon the recordof evidence presented at70.1the hearing. The commissioner shall issue a decision within 30 70.2 calendar days of receiving the entire record and the parties' 70.3 written submission on appeal. The commissioner's decision shall 70.4 be final and binding upon the parties after the time for appeal 70.5 expires under section 127.33. 70.6 Sec. 47. Minnesota Statutes 1997 Supplement, section 70.7 127.36, subdivision 1, is amended to read: 70.8 Subdivision 1. [EXCLUSIONS AND EXPULSIONS.] The school 70.9 board shall report each exclusion or expulsion within 30 days of 70.10 the effective date of the action to the commissioner of 70.11 children, families, and learning. This report shall include a 70.12 statement of alternative educational services given the pupil 70.13before beginning exclusion or expulsion proceedings,and the 70.14 reason for, the effective date, and the duration of the 70.15 exclusion or expulsion. 70.16 Sec. 48. Minnesota Statutes 1997 Supplement, section 70.17 127.38, is amended to read: 70.18 127.38 [POLICIES TO BE ESTABLISHED.] 70.19 (a) The commissioner of children, families, and learning 70.20 shall promulgate guidelines to assist each school board. Each 70.21 school board shall establish uniform criteria for dismissal and 70.22 adopt written policies and rules to effectuate the purposes of 70.23 sections 127.26 to 127.39. The policies shall emphasize 70.24 preventing dismissals through early detection of problems and 70.25 shall be designed to address students' inappropriate behavior 70.26 from recurring. The policies shall recognize the continuing 70.27 responsibility of the school for the education of the pupil 70.28 during the dismissal period. The alternative educational 70.29 services, if the pupil wishes to take advantage of them, must be 70.30 adequate to allow the pupil to make progress towards meeting the 70.31 graduation standards adopted under section 121.11, subdivision 70.32 7c, and, at a minimum, appropriate to the grade level the pupil 70.33 would have been enrolled in if the pupil had not been dismissed, 70.34 and help prepare the pupil for readmission. 70.35 (b) An area learning center under section 124C.45 may not 70.36 prohibit an expelled or excluded pupil from enrolling solely 71.1 because a district expelled or excluded the pupil. The board of 71.2 the area learning center may use the provisions of The Pupil 71.3 Fair Dismissal Act to exclude a pupil or to require an admission 71.4 plan. 71.5 (c) The commissioner shall actively encourage and assist 71.6 school districts to cooperatively establish alternative 71.7 educational services within school buildings or at alternative 71.8 program sites that offer instruction to pupils who are dismissed 71.9 from school for willfully engaging in dangerous, disruptive, or 71.10 violent behavior, including for possessing a firearm in a school 71.11 zone. 71.12 Sec. 49. Minnesota Statutes 1996, section 256B.0625, 71.13 subdivision 26, is amended to read: 71.14 Subd. 26. [SPECIAL EDUCATION SERVICES.] Medical assistance 71.15 covers medical services identified in a recipient's 71.16 individualized education plan and covered under the medical 71.17 assistance state plan. The services may be provided by a 71.18 Minnesota school district that is enrolled as a medical 71.19 assistance provider or its subcontractor, and only if the 71.20 services meet all the requirements otherwise applicable if the 71.21 service had been provided by a provider other than a school 71.22 district, in the following areas: medical necessity, 71.23 physician's orders, documentation, personnel qualifications, and 71.24 prior authorization requirements. Services of a speech-language 71.25 pathologist provided under this section are covered 71.26 notwithstanding Minnesota Rules, part 9505.0390, subpart 1, item 71.27 L, if the person: 71.28 (1) holds a masters degree in speech-language pathology; 71.29 (2) is licensed by the Minnesota board of teaching as an 71.30 educational speech-language pathologist; and 71.31 (3) either has a certificate of clinical competence from 71.32 the American Speech and Hearing Association, has completed the 71.33 equivalent educational requirements and work experience 71.34 necessary for the certificate or has completed the academic 71.35 program and is acquiring supervised work experience to qualify 71.36 for the certificate. Medical assistance coverage for medically 72.1 necessary services provided under other subdivisions in this 72.2 section may not be denied solely on the basis that the same or 72.3 similar services are covered under this subdivision. 72.4 Sec. 50. Laws 1997, First Special Session chapter 4, 72.5 article 2, section 51, subdivision 2, is amended to read: 72.6 Subd. 2. [AMERICAN INDIAN LANGUAGE AND CULTURE PROGRAMS.] 72.7 For grants to American Indian language and culture education 72.8 programs according to Minnesota Statutes, section 126.54, 72.9 subdivision 1: 72.10 $591,000 ..... 1998 72.11$591,000$716,000 ..... 1999 72.12 The 1998 appropriation includes $59,000 for 1997 and 72.13 $532,000 for 1998. 72.14 The 1999 appropriation includes $59,000 for 1998 and 72.15$532,000$657,000 for 1999. 72.16 Any balance in the first year does not cancel but is 72.17 available in the second year. 72.18 Sec. 51. Laws 1997, First Special Session chapter 4, 72.19 article 2, section 51, subdivision 4, is amended to read: 72.20 Subd. 4. [AMERICAN INDIAN POST-SECONDARY PREPARATION 72.21 GRANTS.] For American Indian post-secondary preparation grants 72.22 according to Minnesota Statutes, section 124.481: 72.23 $857,000 ..... 1998 72.24$857,000$982,000 ..... 1999 72.25 Any balance in the first year does not cancel but is 72.26 available in the second year. 72.27 Sec. 52. Laws 1997, First Special Session chapter 4, 72.28 article 2, section 51, subdivision 5, is amended to read: 72.29 Subd. 5. [AMERICAN INDIAN SCHOLARSHIPS.] For American 72.30 Indian scholarships according to Minnesota Statutes, section 72.31 124.48: 72.32 $1,600,000 ..... 1998 72.33$1,600,000$1,725,000 ..... 1999 72.34 Any balance in the first year does not cancel but is 72.35 available in the second year. 72.36 Sec. 53. [RULES AFFECTING SPECIAL EDUCATION INSTRUCTION 73.1 AND SERVICES.] 73.2 (a) The state board of education must amend all rules 73.3 relating to providing special instruction and services to 73.4 children with a disability so that the rules do not impose 73.5 requirements that exceed federal law. The state board, with the 73.6 assistance of the department of children, families, and 73.7 learning, shall provide a written report to the education 73.8 committees of the legislature by January 1, 1999, identifying 73.9 and explaining those state special education rules that exceed 73.10 federal special education requirements by improving services or 73.11 efficiency or reducing state or district costs. The state board 73.12 may use the expedited process under Minnesota Statutes, section 73.13 14.389, to amend these rules. 73.14 (b) As of July 1, 1999, any rules relating to providing 73.15 special instruction and services to children with a disability 73.16 are invalid to the extent they exceed the requirements in 73.17 federal law unless a law is enacted before July 1, 1999, 73.18 indicating the intent of the state to exceed one or more federal 73.19 requirements. 73.20 Sec. 54. [GRANTS TO IMPLEMENT CONSTRUCTIVE SCHOOL 73.21 DISCIPLINE POLICIES.] 73.22 Subdivision 1. [ESTABLISHMENT.] A grant program for fiscal 73.23 year 1999 is established to develop, implement, and evaluate 73.24 school discipline policies, consistent with the Pupil Fair 73.25 Dismissal Act of 1974 under Minnesota Statutes, sections 127.26 73.26 to 127.39 and 127.40 to 127.48. Discipline policies developed 73.27 under this section should be designed to enable students to 73.28 successfully return to the regular classroom setting after being 73.29 disciplined for misbehavior. Discipline policies should focus 73.30 on early intervention strategies that limit the need to provide 73.31 regular education students with additional special programs or 73.32 services. 73.33 Subd. 2. [ELIGIBILITY.] An applicant for a grant must be a 73.34 school site, school district, charter school, or provider of an 73.35 alternative education program. To be eligible for a grant, the 73.36 grant applicant must meet all of the following criteria: 74.1 (1) develop a plan to establish a school site mediation 74.2 board under Minnesota Statutes, sections 127.411 to 127.42, to 74.3 mediate issues relating to district or school site codes of 74.4 conduct that apply to regular and special education students; 74.5 (2) include in the code of conduct a plan to remove from 74.6 the regular classroom setting those students who violate the 74.7 code; 74.8 (3) provide students who violate the code with an 74.9 alternative education setting within the school or program site; 74.10 and 74.11 (4) make the alternative education setting a constructive 74.12 experience by using instructional materials tied to educational 74.13 standards, placing students in an alternative setting outside 74.14 the normal school day, involving parents in effecting 74.15 discipline, or developing intervention techniques such as 74.16 timeouts, among other alternatives. 74.17 Subd. 3. [APPLICATION PROCESS.] To obtain a grant to 74.18 implement constructive school discipline policies, a grant 74.19 applicant must submit an application to the commissioner of 74.20 children, families, and learning in the form and manner the 74.21 commissioner establishes. The application must describe how the 74.22 applicant will meet the eligibility criteria under subdivision 74.23 2. The commissioner may require the applicant to provide 74.24 additional information. 74.25 Subd. 4. [GRANT AWARDS.] The commissioner may award up to 74.26 five grants of up to $50,000. Grant recipients must be located 74.27 throughout the state and have diverse experiences with student 74.28 disciplinary matters. The amount of the grant shall be based on 74.29 the number of students the grant recipient anticipates will be 74.30 disciplined and on the alternative education settings the grant 74.31 recipient proposes to use. Grant recipients must use the grant 74.32 proceeds to accomplish the purposes of this section. 74.33 Subd. 5. [EVALUATION.] The commissioner shall evaluate the 74.34 grant sites and selected control sites to determine the impact 74.35 of the constructive discipline policy grant program on measures 74.36 of student behavior and performance, including at least, student 75.1 achievement and attendance, and the impact of the program on the 75.2 school site, student body, classroom, and school faculty. The 75.3 evaluation must also address the financial impact of the program 75.4 on the district and the school site. Upon implementing a 75.5 student code of conduct consistent with this section, the grant 75.6 recipient must cooperate in evaluating the impact of code 75.7 policies. As a part of the evaluation process, the grant 75.8 recipient must document student and parent response to code 75.9 policies over at least a three-year period. The commissioner 75.10 shall compile for the education committees of the legislature a 75.11 progress report by February 1, 1999, and a final report by 75.12 February 1, 2001, on the effectiveness and impact of discipline 75.13 policies. 75.14 Sec. 55. [SPEECH-LANGUAGE PATHOLOGISTS.] 75.15 The board of teaching shall allow individuals who hold a 75.16 certificate of clinical competence from the American 75.17 Speech-Language-Hearing Association to be licensed as 75.18 speech-language pathologists. 75.19 Sec. 56. [BOARD OF TEACHING; RULE CHANGES; SPEECH-LANGUAGE 75.20 SERVICES.] 75.21 The board of teaching, in order to comply with section 55, 75.22 shall by rule allow individuals who hold a certificate of 75.23 clinical competence from the American Speech-Language-Hearing 75.24 Association to be licensed as speech-language pathologists. 75.25 Sec. 57. [SPECIAL EDUCATION BASE ADJUSTMENT; ROCHESTER.] 75.26 Special education base revenue for independent school 75.27 district No. 535, Rochester, is increased by $150,000 per year 75.28 for fiscal years 1998 and 1999 to reflect the increased special 75.29 education costs associated with the opening of a new facility 75.30 for juvenile offenders in Olmsted county. 75.31 Sec. 58. [REPORT TO COMPARE FEDERAL AND STATE SPECIAL 75.32 EDUCATION LAW.] 75.33 The commissioner of children, families, and learning shall 75.34 prepare a report comparing existing and currently proposed 75.35 federal laws and regulations and state laws and rules governing 75.36 special education, indicating those state laws and rules 76.1 governing special education that exceed or expand upon minimum 76.2 requirements under federal special education law or regulations 76.3 and the rationale for the state to exceed or expand upon those 76.4 federal requirements. The commissioner shall make the report 76.5 available to the public, the education committees of the 76.6 legislature, and the state board by September 30, 1998, for 76.7 consideration in amending state rules under section 53. 76.8 Sec. 59. [APPROPRIATIONS.] 76.9 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 76.10 LEARNING.] The sums indicated in this section are appropriated 76.11 from the general fund to the department of children, families, 76.12 and learning for the fiscal years designated. 76.13 Subd. 2. [CONSTRUCTIVE SCHOOL DISCIPLINE POLICIES.] For 76.14 grants to develop, implement, and evaluate school discipline 76.15 policies under section 54: 76.16 $250,000 ..... 1999 76.17 Grant recipients may expend grant proceeds over a 76.18 three-year period. Of this amount, $13,500 is for performing an 76.19 evaluation. 76.20 Subd. 3. [STATEWIDE THIRD-PARTY BILLING SYSTEM; 76.21 ASSISTANCE.] For developing and implementing an effective and 76.22 efficient statewide third-party billing system under section 2: 76.23 $200,000 ..... 1999 76.24 Funds remain available until expended. 76.25 Subd. 4. [LITIGATION COSTS.] For paying 50 percent of the 76.26 litigation costs a district actually incurs under section 24, 76.27 paragraph (b): 76.28 $300,00 ..... 1999 76.29 If the amount appropriated is insufficient to fully fund 76.30 the aid for hearing and litigation costs under Minnesota 76.31 Statutes, section 124.32, subdivision 13, paragraph (b), the 76.32 commissioner shall prorate the appropriation to school districts 76.33 based on the amount of aid calculated for each district. 76.34 Subd. 5. [PROVIDING TECHNICAL ASSISTANCE.] For department 76.35 staff to provide technical assistance and training to school 76.36 districts and cooperative units under section 2: 77.1 $50,000 ..... 1999 77.2 Subd. 6. [COURT-PLACED SPECIAL EDUCATION REVENUE.] For 77.3 reimbursing serving school districts for unreimbursed eligible 77.4 expenditures attributable to children placed in the serving 77.5 school district by court action under Minnesota Statutes, 77.6 section 124.323: 77.7 $300,000 ..... 1999 77.8 Sec. 60. [PROVIDING TECHNICAL ASSISTANCE.] 77.9 $50,000 is appropriated in fiscal year 1999 from the 77.10 general fund to the commissioner of human services to provide 77.11 technical assistance and training under section 2. 77.12 Sec. 61. [REPEALER.] 77.13 Minnesota Rules, part 3525.2750, subpart 1, item B, is 77.14 repealed. 77.15 Sec. 62. [EFFECTIVE DATE.] 77.16 Sections 9, 22, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 77.17 56, and 57 are effective the day following final enactment. 77.18 ARTICLE 3 77.19 INTERAGENCY SERVICES AND LIFELONG LEARNING 77.20 Section 1. Minnesota Statutes 1996, section 120.1701, 77.21 subdivision 2, is amended to read: 77.22 Subd. 2. [DEFINITIONS.] For the purposes of this section 77.23 the following terms have the meaning given them. 77.24 (a) "Coordinate" means to provide ready access to a 77.25 community's services and resources to meet child and family 77.26 needs. 77.27 (b) "Core early intervention services" means services that 77.28 are available at no cost to children and families. These 77.29 services include: 77.30 (1) identification and referral; 77.31 (2) screening; 77.32 (3) evaluation; 77.33 (4) assessment; 77.34 (5) service coordination; 77.35 (6) special education and related services provided under 77.36 section 120.17, subdivision 3a, and United States Code, title 78.1 20, section 1401; and 78.2 (7) protection of parent and child rights by means of 78.3 procedural safeguards. 78.4 (c) "County board" means a county board established under 78.5 chapter 375. 78.6 (d) "Early intervention record" means any personally 78.7 identifiable information about a child or the child's family 78.8 that is generated by the early intervention system, and that 78.9 pertains to evaluation and assessment, development of an 78.10 individualized family service plan, and the delivery of early 78.11 intervention services. 78.12 (e) "Early intervention services" means services provided 78.13 in conformity with an individualized family service plan that 78.14 are designed to meet the special developmental needs of a child 78.15 eligible under Code of Federal Regulations, title 34, part 303, 78.16 and the needs of the child's family related to enhancing the 78.17 child's development and that are selected in collaboration with 78.18 the parent. These services include core early intervention 78.19 services and additional early intervention services listed in 78.20 subdivision 4 and services defined in Code of Federal 78.21 Regulations, title 34, section 303, et seq. 78.22 (f) "Early intervention system" means the total effort in 78.23 the state to meet the needs of eligible children and their 78.24 families, including, but not limited to: 78.25 (1) any public agency in the state that receives funds 78.26 under the Individuals with Disabilities Education Act, United 78.27 States Code, title 20, sections 1471 to 1485 (Part H, Public Law 78.28 Number 102-119); 78.29 (2) other state and local agencies administering programs 78.30 involved in the provision of early intervention services, 78.31 including, but not limited to: 78.32 (i) the Maternal and Child Health program under title V of 78.33 the Social Security Act, United States Code, title 42, sections 78.34 701 to 709; 78.35 (ii) the Individuals with Disabilities Education Act, 78.36 United States Code, title 20, sections 1411 to 1420 (Part B); 79.1 (iii) medical assistance under the Social Security Act, 79.2 United States Code, title 42, section 1396 et seq.; 79.3 (iv) the Developmental Disabilities Assistance and Bill of 79.4 Rights Act, United States Code, title 42, sections 6021 to 6030 79.5 (Part B); and 79.6 (v) the Head Start Act, United States Code, title 42, 79.7 sections 9831 to 9852; and 79.8 (3) services provided by private groups or third-party 79.9 payers in conformity with an individualized family service plan. 79.10 (g) "Eligibility for Part H" means eligibility for early 79.11 childhood special education under section 120.03 and Minnesota 79.12 Rules, part 3525.2335, subpart 1, items A and B. 79.13 (h) "Facilitate payment" means helping families access 79.14 necessary public or private assistance that provides payment for 79.15 services required to meet needs identified in a service plan, 79.16 individual education plan (IEP), individual service plan (ISP), 79.17 or individualized family service plan (IFSP), according to time 79.18 frames required by the plan. This may also include activities 79.19 to collect fees for services provided on a sliding fee basis, 79.20 where permitted by state law. 79.21 (i) "Individualized family service plan" or "IFSP" means a 79.22 written plan for providing services to a child and the child's 79.23 family. 79.24 (j) "Interagency child find systems" means activities 79.25 developed on an interagency basis with the involvement of 79.26 interagency early intervention committees and other relevant 79.27 community groups to actively seek out, identify, and refer 79.28 infants and young children with, or at risk of, disabilities, 79.29 and their families. 79.30 (k) "Local primary agency" means the agency designated 79.31 jointly by the school and county board under subdivision 4. 79.32 (l) "Natural environments" means the child's home and 79.33 community settings in which children without disabilities 79.34 participate. 79.35 (m) "Parent" means the biological parent with parental 79.36 rights, adoptive parent, legal guardian, or surrogate parent. 80.1(m)(n) "Part H state plan" means the annual state plan 80.2 application approved by the federal government under the 80.3 Individuals with Disabilities Education Act, United States Code, 80.4 title 20, section 1471 et seq. (Part H, Public Law Number 80.5 102-119). 80.6(n)(o) "Pay for" means using federal, state, local, and 80.7 private dollars available for early intervention services. 80.8(o)(p) "Respite" means short-term, temporary care provided 80.9 to a child with a disability due to the temporary absence or 80.10 need for relief of the family member or members or primary 80.11 caregiver, normally providing the care. 80.12(p)(q) "State lead agency" means the state agency 80.13 receiving federal funds under the Individuals with Disabilities 80.14 Education Act, United States Code, title 20, section 1471 et 80.15 seq. (Part H, Public Law Number 102-119). 80.16(q)(r) "Surrogate parent" means a person appointed by the 80.17 local education agency to assure that the rights of the child to 80.18 early intervention services are protected. A person cannot be a 80.19 surrogate parent to a child for whom the person provides early 80.20 intervention services. 80.21 Sec. 2. Minnesota Statutes 1997 Supplement, section 80.22 120.1701, subdivision 3, is amended to read: 80.23 Subd. 3. [STATE INTERAGENCY COORDINATING COUNCIL.] An 80.24 interagency coordinating council of at least 17, but not more 80.25 than 25 members is established, in compliance with Public Law 80.26 Number 102-119, section 682. The members shall be appointed by 80.27 the governor. Council members shall elect the council chair. 80.28 The representative of the commissioner of children, families, 80.29 and learning may not serve as the chair. The council shall be 80.30 composed of at least five parents, including persons of color, 80.31 of children with disabilities under age 12, including at least 80.32 three parents of a child with a disability under age seven, five 80.33 representatives of public or private providers of services for 80.34 children with disabilities under age five, including a special 80.35 education director, county social service director, local Head 80.36 Start director, and a community health services or public health 81.1 nursing administrator, one member of the senate, one member of 81.2 the house of representatives, one representative of teacher 81.3 preparation programs in early childhood-special education or 81.4 other preparation programs in early childhood intervention, at 81.5 least one representative of advocacy organizations for children 81.6 with disabilities under age five, one physician who cares for 81.7 young children with special health care needs, one 81.8 representative each from the commissioners of commerce, 81.9 children, families, and learning, health, human services,and81.10economic securitya representative from the state agency 81.11 responsible for child care, and a representative from Indian 81.12 health services or a tribal council. Section 15.059, 81.13 subdivisions 2 to 5, apply to the council. The council shall 81.14 meet at least quarterly. 81.15 The council shall address methods of implementing the state 81.16 policy of developing and implementing comprehensive, 81.17 coordinated, multidisciplinary interagency programs of early 81.18 intervention services for children with disabilities and their 81.19 families. 81.20 The duties of the council include recommending policies to 81.21 ensure a comprehensive and coordinated system of all state and 81.22 local agency services for children under age five with 81.23 disabilities and their families. The policies must address how 81.24 to incorporate each agency's services into a unified state and 81.25 local system of multidisciplinary assessment practices, 81.26 individual intervention plans, comprehensive systems to find 81.27 children in need of services, methods to improve public 81.28 awareness, and assistance in determining the role of interagency 81.29 early intervention committees. 81.30 Each year by June 1, the council shall recommend to the 81.31 governor and the commissioners of children, families, and 81.32 learning, health, human services, commerce, and economic 81.33 security policies for a comprehensive and coordinated system. 81.34 Notwithstanding any other law to the contrary, the state 81.35 interagency coordinating council shall expire on June 30, 2001. 81.36 Sec. 3. Minnesota Statutes 1996, section 120.1701, 82.1 subdivision 5, is amended to read: 82.2 Subd. 5. [INTERAGENCY EARLY INTERVENTION COMMITTEES.] (a) 82.3 A school district, group of districts, or special education 82.4 cooperative, in cooperation with the health and human service 82.5 agencies located in the county or counties in which the district 82.6 or cooperative is located, shall establish an interagency early 82.7 intervention committee for children with disabilities under age 82.8 five and their families under this section, and for children 82.9 with disabilities ages three to 22 consistent with the 82.10 requirements under sections 120.1703 and 120.1705. Committees 82.11 shall include representatives of local and regional health, 82.12 education, and county human service agencies; county boards; 82.13 school boards; early childhood family education programs; 82.14 parents of young children with disabilities under age 12; 82.15 current service providers; and may also include representatives 82.16 from other private or public agencies and school nurses. The 82.17 committee shall elect a chair from among its members and shall 82.18 meet at least quarterly. 82.19 (b) The committee shall develop and implement interagency 82.20 policies and procedures concerning the following ongoing duties: 82.21 (1) develop public awareness systems designed to inform 82.22 potential recipient families of available programs and services; 82.23 (2) implement interagency child find systems designed to 82.24 actively seek out, identify, and refer infants and young 82.25 children with, or at risk of, disabilities and their families; 82.26 (3) establish and evaluate the identification, referral, 82.27 child and family assessment systems, procedural safeguard 82.28 process, and community learning systems to recommend, where 82.29 necessary, alterations and improvements; 82.30 (4) assure the development of individualized family service 82.31 plans for all eligible infants and toddlers with disabilities 82.32 from birth through age two, and their families, and individual 82.33 education plans and individual service plans when necessary to 82.34 appropriately serve children with disabilities, age three and 82.35 older, and their families and recommend assignment of financial 82.36 responsibilities to the appropriate agencies. Agencies are 83.1 encouraged to develop individual family service plans for 83.2 children with disabilities, age three and older; 83.3 (5) implement a process for assuring that services involve 83.4 cooperating agencies at all steps leading to individualized 83.5 programs; 83.6 (6) facilitate the development of a transitional plan if a 83.7 service provider is not recommended to continue to provide 83.8 services; 83.9 (7) identify the current services and funding being 83.10 provided within the community for children with disabilities 83.11 under age five and their families; 83.12 (8) develop a plan for the allocation and expenditure of 83.13 additional state and federal early intervention funds under 83.14 United States Code, title 20, section 1471 et seq. (Part H, 83.15 Public Law Number 102-119) and United States Code, title 20, 83.16 section 631, et seq. (Chapter I, Public Law Number 89-313); and 83.17 (9) develop a policy that is consistent with section 13.05, 83.18 subdivision 9, and federal law to enable a member of an 83.19 interagency early intervention committee to allow another member 83.20 access to data classified as not public. 83.21 (c) The local committee shall also: 83.22 (1) participate in needs assessments and program planning 83.23 activities conducted by local social service, health and 83.24 education agencies for young children with disabilities and 83.25 their families; 83.26 (2) review and comment on the early intervention section of 83.27 the total special education system for the district, the county 83.28 social service plan, the section or sections of the community 83.29 health services plan that address needs of and service 83.30 activities targeted to children with special health care needs, 83.31 and the section of the maternal and child health special project 83.32 grants that address needs of and service activities targeted to 83.33 children with chronic illness and disabilities; and 83.34 (3) prepare a yearly summary on the progress of the 83.35 community in serving young children with disabilities, and their 83.36 families, including the expenditure of funds, the identification84.1of unmet service needs identified on the individual family84.2services plan and other individualized plans, and local, state,84.3and federal policies impeding the implementation of this section. 84.4 (d) The summary must be organized following a format 84.5 prescribed by the commissioner of the state lead agency and must 84.6 be submitted to each of the local agencies and to the state 84.7 interagency coordinating council by October 1 of each year. 84.8 The departments of children, families, and learning, 84.9 health, and human services must provide assistance to the local 84.10 agencies in developing cooperative plans for providing services. 84.11 Sec. 4. Minnesota Statutes 1996, section 120.1701, 84.12 subdivision 11, is amended to read: 84.13 Subd. 11. [PAYOR OF LAST RESORT.](a) For fiscal years84.141995 and 1996,The state lead agency shallestablishmaintain a 84.15 reserve account from federal sources to pay for services in 84.16 dispute or to pay for early intervention services when local 84.17 agencies have exhausted all other public and private funds 84.18 available for Part H eligible children. 84.19(b) The lead agency shall report to the legislature by84.20January 1, 1996, regarding county board expenditures for early84.21intervention services and the continuing need and funding of the84.22reserve account.84.23 Sec. 5. Minnesota Statutes 1996, section 120.1701, 84.24 subdivision 17, is amended to read: 84.25 Subd. 17. [MEDIATION PROCEDURE.] The commissioner or 84.26 designee of the state lead agency shall use federal funds to 84.27 provide mediation for the activities in paragraphs (a) and (b). 84.28 (a) A parent may resolve a dispute regarding issues in 84.29 subdivision 16, paragraph (b), clause (5), through mediation. 84.30 If the parent chooses mediation, all public agencies involved in 84.31 the dispute shall participate in the mediation process. The 84.32 parent and the public agencies must complete the mediation 84.33 process within 20 calendar days of the date the commissioner 84.34 receives a parent's written request for mediation. The 84.35 mediation process may not be used to delay a parent's right to a 84.36 due process hearing. The resolution of the mediation is not 85.1 binding on any party. 85.2 (b) The local primary agency may request mediation on 85.3 behalf of involved agencies when there are disputes between 85.4 agencies regarding responsibilities to coordinate, provide, pay 85.5 for, or facilitate payment for early intervention services. 85.6 Sec. 6. [120.1703] [COORDINATED INTERAGENCY SERVICES.] 85.7 Subdivision 1. [CITATION.] Sections 120.1703 and 120.1705 85.8 shall be cited as the "Interagency Services for Children with 85.9 Disabilities Act." 85.10 Subd. 2. [PURPOSE.] It is the policy of the state to 85.11 develop and implement a coordinated, multidisciplinary, 85.12 interagency intervention service system for children ages three 85.13 to 22 with disabilities. 85.14 Subd. 3. [DEFINITIONS.] For purposes of sections 120.1703 85.15 and 120.1705, the following terms have the meanings given them: 85.16 (a) "Health plan" means: 85.17 (1) a health plan under section 62Q.01, subdivision 3; 85.18 (2) a county-based purchasing plan under section 256B.692; 85.19 (3) a self-insured health plan established by a local 85.20 government under section 471.617; or 85.21 (4) self-insured health coverage provided by the state to 85.22 its employees or retirees. 85.23 (b) For purposes of this section, "health plan company" 85.24 means an entity that issues a health plan as defined in 85.25 paragraph (a). 85.26 (c) "Individual interagency intervention plan" means a 85.27 standardized written plan describing those programs or services 85.28 and the accompanying funding sources available to eligible 85.29 children with disabilities. 85.30 (d) "Interagency intervention service system" means a 85.31 system that coordinates services and programs required in state 85.32 and federal law to meet the needs of eligible children with 85.33 disabilities ages three to 22, including: 85.34 (1) services provided under the following programs or 85.35 initiatives administered by state or local agencies: 85.36 (i) the maternal and child health program under title V of 86.1 the Social Security Act, United States Code, title 42, sections 86.2 701 to 709; 86.3 (ii) the Individuals with Disabilities Education Act under 86.4 United States Code, title 20, chapter 33, subchapter II, 86.5 sections 1411 to 1420; 86.6 (iii) medical assistance under the Social Security Act, 86.7 United States Code, title 42, chapter 7, subchapter XIX, section 86.8 1396, et seq.; 86.9 (iv) the Developmental Disabilities Assistance and Bill of 86.10 Rights Act, United States Code, title 42, chapter 75, subchapter 86.11 II, sections 6021 to 6030, Part B; 86.12 (v) the Head Start Act, United States Code, title 42, 86.13 chapter 105, subchapter II, sections 9831 to 9852; 86.14 (vi) rehabilitation services provided under chapter 268A; 86.15 (vii) juvenile court act services provided under sections 86.16 260.011 to 260.301; 86.17 (viii) the children's mental health collaboratives under 86.18 section 245.493; 86.19 (ix) the family service collaboratives under section 86.20 121.8355; 86.21 (x) the family community support plan under section 86.22 245.4881, subdivision 4; 86.23 (xi) the Minnesota care program under chapter 256L; 86.24 (xii) the community health services grants under chapter 86.25 145; 86.26 (xiii) the community social services act funding under the 86.27 Social Security Act, United States Code, title 42, sections 1397 86.28 to 1397f; and 86.29 (xiv) the community interagency transition committees under 86.30 section 120.17, subdivision 16; 86.31 (2) services provided under a health plan in conformity 86.32 with an individual family service plan or an individual 86.33 education plan; and 86.34 (3) additional appropriate services that local agencies and 86.35 counties provide on an individual need basis upon determining 86.36 eligibility and receiving a request from the interagency early 87.1 intervention committee and the child's parent. 87.2 (e) "Children with disabilities" has the meaning given in 87.3 section 120.03. 87.4 (f) A "standardized written plan" means those individual 87.5 services or programs available through the interagency 87.6 intervention service system to an eligible child other than the 87.7 services or programs described in the child's individual 87.8 education plan or the child's individual family service plan. 87.9 Subd. 4. [STATE INTERAGENCY COMMITTEE.] (a) The governor 87.10 shall convene by July 1, 1998, an 18-member interagency 87.11 committee to develop and implement a coordinated, 87.12 multidisciplinary, interagency intervention service system for 87.13 children with disabilities ages three to 22. The commissioners 87.14 of commerce, children, families, and learning, health, human 87.15 rights, human services, economic security, and corrections shall 87.16 each appoint two committee members from their departments; the 87.17 association of Minnesota counties shall appoint two county 87.18 representatives, one of whom shall be an elected official, as 87.19 committee members; and the Minnesota school boards association 87.20 and the school nurse association of Minnesota shall each appoint 87.21 one committee member. The committee shall select a chair from 87.22 among its members. The committee shall meet at least monthly. 87.23 (b) The committee shall: 87.24 (1) identify and assist in removing state and federal 87.25 barriers to local coordination of services provided to children 87.26 with disabilities; 87.27 (2) ensure adequate, equitable, and flexible funding 87.28 sources to streamline these services; 87.29 (3) develop guidelines for implementing policies that 87.30 ensure a comprehensive and coordinated system of all state and 87.31 local agency services, including multidisciplinary assessment 87.32 practices for children with disabilities ages three to 22; 87.33 (4) develop, consistent with federal law, a standardized 87.34 written plan for providing services to a child with 87.35 disabilities; 87.36 (5) identify how current systems for dispute resolution can 88.1 be coordinated and develop guidelines for that coordination; 88.2 (6) develop an evaluation process to measure the success of 88.3 state and local interagency efforts in improving the quality and 88.4 coordination of services to children with disabilities ages 88.5 three to 22; 88.6 (7) develop guidelines to assist the governing boards of 88.7 the interagency early intervention committees in carrying out 88.8 the duties assigned in section 120.1705, subdivision 1, 88.9 paragraph (b); and 88.10 (8) carry out other duties necessary to develop and 88.11 implement within communities a coordinated, multidisciplinary, 88.12 interagency intervention service system for children with 88.13 disabilities. 88.14 (c) The committee shall consult on an ongoing basis with 88.15 the state education advisory committee for special education and 88.16 the governor's interagency coordinating council in carrying out 88.17 its duties under this section, including assisting the governing 88.18 boards of the interagency early intervention committees. 88.19 Subd. 5. [INTERVENTION DEMONSTRATION PROJECTS.] (a) The 88.20 state interagency committee shall issue a request for proposals 88.21 by January 1, 1999, to provide grants to the governing boards of 88.22 interagency intervention committees under section 120.1705 or a 88.23 combination of one or more counties and school districts to 88.24 establish five voluntary interagency intervention demonstration 88.25 projects. One grant shall be used to implement a coordinated 88.26 service system for all eligible children with disabilities up to 88.27 age five who received services under section 120.1701. Each 88.28 project must be operational by July 1, 1999. The governing 88.29 boards of the interagency early intervention committees and the 88.30 counties and school districts receiving project grants must 88.31 develop efficient ways to coordinate services and funding for 88.32 children with disabilities ages three to 22, consistent with the 88.33 requirements of this section and section 120.1705 and the 88.34 guidelines developed by the state interagency committee under 88.35 this section. 88.36 (b) The state interagency committee shall evaluate the 89.1 demonstration projects and provide the evaluation results to 89.2 interagency early intervention committees. 89.3 Subd. 6. [THIRD-PARTY LIABILITY.] Nothing in this section 89.4 and section 120.1705 relieves a health plan company, third-party 89.5 administrator or other third-party payer of an obligation to pay 89.6 for, or changes the validity of an obligation to pay for, 89.7 services provided to children with disabilities ages three to 22 89.8 and their families. 89.9 Subd. 7. [AGENCY OBLIGATION.] Nothing in this section and 89.10 section 120.1705 removes the obligation of the state, counties, 89.11 local school districts, a regional agency, or a local agency or 89.12 organization to comply with any federal or state law that 89.13 mandates responsibility for finding, assessing, delivering, 89.14 assuring, or paying for education or related services for 89.15 children with disabilities and their families. 89.16 Sec. 7. [120.1705] [INTERAGENCY EARLY INTERVENTION 89.17 COMMITTEE RESPONSIBILITIES.] 89.18 Subdivision 1. [ADDITIONAL DUTIES.] (a) The governing 89.19 boards of the interagency early intervention committees are 89.20 responsible for developing and implementing interagency policies 89.21 and procedures to coordinate services at the local level for 89.22 children with disabilities ages three to 22 under guidelines 89.23 established by the state interagency committee under section 89.24 120.1703, subdivision 4. Consistent with the requirements in 89.25 this section and section 120.1703, the governing boards of the 89.26 interagency early intervention committees shall organize as a 89.27 joint powers board under section 471.59 or enter into an 89.28 interagency agreement that establishes a governance structure. 89.29 (b) The governing board of each interagency early 89.30 intervention committee as defined in section 120.1701, 89.31 subdivision 5, paragraph (a), which may include a juvenile 89.32 justice professional, shall: 89.33 (1) identify and assist in removing state and federal 89.34 barriers to local coordination of services provided to children 89.35 with disabilities; 89.36 (2) ensure adequate, equitable, and flexible use of funding 90.1 by local agencies for these services; 90.2 (3) implement policies that ensure a comprehensive and 90.3 coordinated system of all state and local agency services, 90.4 including multidisciplinary assessment practices, for children 90.5 with disabilities ages three to 22; 90.6 (4) use a standardized written plan for providing services 90.7 to a child with disabilities developed under section 120.1703; 90.8 (5) access the coordinated dispute resolution system and 90.9 incorporate the guidelines for coordinating services at the 90.10 local level, consistent with section 120.1703; 90.11 (6) use the evaluation process to measure the success of 90.12 the local interagency effort in improving the quality and 90.13 coordination of services to children with disabilities ages 90.14 three to 22 consistent with section 120.1703; 90.15 (7) develop a transitional plan for children moving from 90.16 the interagency early childhood intervention system under 90.17 section 120.1701 into the interagency intervention service 90.18 system under this section; 90.19 (8) coordinate services and facilitate payment for services 90.20 from public and private institutions, agencies, and health plan 90.21 companies; and 90.22 (9) share needed information consistent with state and 90.23 federal data practices requirements. 90.24 Subd. 2. [SERVICES.] (a) Consistent with their training 90.25 and experience, physicians, other health care professionals 90.26 including school nurses, and education and human services 90.27 providers jointly must, with full participation of parents, 90.28 determine appropriate and medically necessary services for 90.29 eligible children with disabilities ages three to 22. The 90.30 services provided to the child under this section must conform 90.31 with the child's standardized written plan. The governing board 90.32 of an interagency early intervention committee must provide 90.33 those services contained in a child's individual education plan 90.34 and those services for which a legal obligation exists to the 90.35 extent funding is available. 90.36 (b) Nothing in this section and section 120.1703 increases 91.1 or decreases the obligation of the state, county, regional 91.2 agency, local school district, or local agency or organization 91.3 to pay for education, health care, or social services. 91.4 (c) A health plan may not exclude any medically necessary 91.5 covered service solely because the service is or could be 91.6 identified in a child's individual family service plan, 91.7 individual education plan, a plan established under section 504 91.8 of the federal Rehabilitation Act of 1973, or a student's 91.9 individual health plan. This paragraph reaffirms the obligation 91.10 of a health plan company to provide or pay for certain medically 91.11 necessary covered services, and encourages a health plan company 91.12 to coordinate this care with any other providers of similar 91.13 services. Also, a health plan company may not exclude from a 91.14 health plan any medically necessary covered service such as an 91.15 assessment or physical examination solely because the resulting 91.16 information may be used for an individual education plan or a 91.17 standardized written plan. 91.18 Subd. 3. [IMPLEMENTATION TIMELINE.] (a) By July 1, 2000, 91.19 all governing boards of interagency early intervention 91.20 committees statewide must implement a coordinated service system 91.21 for children with disabilities up to age five consistent with 91.22 the requirements of this section and section 120.1703 and the 91.23 evaluation results from the demonstration projects under section 91.24 120.1703, subdivision 5. Children with disabilities up to the 91.25 age of 22 shall be eligible for coordinated services and their 91.26 eligibility to receive such services under this section shall be 91.27 phased in over a four-year period as follows: 91.28 (1) July 1, 2001, children up to age nine become eligible; 91.29 (2) July 1, 2002, children up to age 14 become eligible; 91.30 (3) July 1, 2003, children up to age 18 become eligible; 91.31 and 91.32 (4) July 1, 2004, children up to age 22 become eligible. 91.33 Sec. 8. Minnesota Statutes 1997 Supplement, section 91.34 126.79, subdivision 3, is amended to read: 91.35 Subd. 3. [LOCAL PROGRAMS; APPLICATION PROCEDURE; GRANT 91.36 AWARDS.] The commissioner shall make grants to eligible 92.1 applicants to establish local learn and earn programs. Each 92.2 program shall operate for at least a four-year period. A local 92.3 program shall select its participants from among eligible 92.4 students who are entering or are in the ninth grade at the 92.5 inception of the program. A program may not refill a program 92.6 slot with another student if a student drops out of the program. 92.7 Students selected to participate in the program shall be 92.8 considered part of the program class and students who drop out 92.9 may return to the program at any time prior to graduation. 92.10 The commissioner shall establish the application procedure 92.11 for awarding grants under this section. The commissioner shall 92.12 begin awarding grants bySeptember 1, 1997May 1, 1998. 92.13 Sec. 9. Minnesota Statutes 1997 Supplement, section 92.14 126.79, subdivision 6, is amended to read: 92.15 Subd. 6. [PROGRAM COMPONENTS.] Each learn and earn 92.16 graduation achievement program must provide the opportunity for 92.17 participating students to complete: 92.18 (1) 250 hours each year, not including regular required 92.19 classroom hours, in basic education competency skills; 92.20 (2) 250 hours each year of service to the community 92.21service; and 92.22 (3) 250 hours each year of cultural enrichment and personal 92.23 development, including but not limited to adult mentoring; 92.24 participating in community cultural events; developing life 92.25 skills for use in the home, workplace, and community; and 92.26 learning to set goals, manage time, and make appropriate 92.27 behavior choices for varying social situations. 92.28 Sec. 10. Minnesota Statutes 1997 Supplement, section 92.29 126.79, subdivision 7, is amended to read: 92.30 Subd. 7. [PROGRAM INCENTIVES.] (a) Each participating 92.31 student shall receive a monetary stipend for each hour spent in 92.32 a program component activity, plus a bonus upon completion of 92.33 each component during each year of the program. 92.34 (b) An additional amount equal to or greater than each 92.35 student's earned stipends and bonuses must be deposited for the 92.36 student in a post-secondary opportunitiesinterest-bearing93.1 account, established by the commissioner through the higher 93.2 education services office. A student may, upon graduation from 93.3 high school, use the funds accumulated for the student toward 93.4 the costs, including tuition, books, and lab fees, of attending 93.5 a Minnesota post-secondary institution orparticipating in a93.6Minnesota post-secondary programin a career training program. 93.7 Funds accumulated for a student shall be available to the 93.8 student from the time the student graduates from high school 93.9 until ten years after the date the student entered the learn and 93.10 earn graduation achievement program. After ten years, the 93.11 commissioner shall close the student's account and any remaining 93.12 money in the account shall revert to the general fund. 93.13 The commissioner shall establish a procedure for providing 93.14 the monetary stipends and bonuses to students. The commissioner 93.15 may delegate this authority to grantees. 93.16 Sec. 11. Minnesota Statutes 1997 Supplement, section 93.17 126.79, subdivision 8, is amended to read: 93.18 Subd. 8. [PROGRAM COORDINATOR.] The local learn and earn 93.19 program coordinator must maintain contact with all participating 93.20 students and their families; work with the school to link 93.21 students with the resources needed to improve their educational 93.22 skills; arrange for service to the communityserviceand 93.23 cultural enrichment opportunities for students; maintain records 93.24 regarding student completion of program component hours; and 93.25 perform other administrative duties as necessary. A program 93.26 coordinator must, to the extent possible, agree to remain with 93.27 the program for four years to provide continuity of adult 93.28 contact to the participating students. 93.29 Sec. 12. Minnesota Statutes 1997 Supplement, section 93.30 126.79, subdivision 9, is amended to read: 93.31 Subd. 9. [EVALUATION AND REPORTS.] The commissioner shall 93.32 collect information about participating students and a 93.33 demographically similar control group and shall evaluate the 93.34 short-term and long-term benefits participating students receive 93.35 from the learn and earn graduation achievement program, based on 93.36 the outcome measures specified in subdivision 2, and any other 94.1 criteria established by the commissioner as part of the grant 94.2 application process. The evaluation must include a statistical 94.3 comparison of students participating in the program and the 94.4 control group. The commissioner shalltrackfollow 94.5 participating students and the control group for a minimum of 94.6 six years from the start of the program. The commissioner shall 94.7 submit a preliminary report to the governor and the chairs of 94.8 the senate and house committees having jurisdiction over 94.9 education and crime prevention by December 15,20002001, 94.10 regarding continuation of the learn and earn graduation 94.11 achievement program for participating schools and expansion of 94.12 the program to additional schools. The commissioner shall 94.13 submit a final report by December 15,20022003. 94.14 Sec. 13. Laws 1997, First Special Session chapter 4, 94.15 article 3, section 23, is amended by adding a subdivision to 94.16 read: 94.17 Subd. 4a. [PLANNING AND DESIGN GRANT.] (a) An eligible 94.18 lifework learning site applicant may apply for a one-time grant 94.19 to plan and design a lifework learning facility. The planning 94.20 and design grant shall not exceed $200,000 for a site. 94.21 (b) A planning and design grant recipient shall report to 94.22 the commissioner of children, families, and learning on the 94.23 planning and design of the lifework learning facility and the 94.24 ability to start up the site and maintain the facility. 94.25 Sec. 14. Laws 1997, First Special Session chapter 4, 94.26 article 3, section 25, subdivision 2, is amended to read: 94.27 Subd. 2. [SECONDARY VOCATIONAL EDUCATION AID.] For 94.28 secondary vocational education aid according to Minnesota 94.29 Statutes, section 124.573: 94.30$11,617,000$12,718,000 ..... 1998 94.31$11,596,000$12,844,000 ..... 1999 94.32 The 1998 appropriation includes $1,180,000 for 1997 and 94.33$10,437,000$11,538,000 for 1998. 94.34 The 1999 appropriation includes$1,159,000$1,282,000 for 94.35 1998 and$10,437,000$11,562,000 for 1999. 94.36 Sec. 15. Laws 1997 First Special Session, chapter 4, 95.1 article 3, section 25, subdivision 4, is amended to read: 95.2 Subd. 4. [EDUCATION AND EMPLOYMENT TRANSITIONS PROGRAM 95.3 GRANTS.] For education and employment transitions program: 95.4 $4,750,000 ..... 1998 95.5 $4,750,000 ..... 1999 95.6 $500,000 each year is for development of MnCEPs, an 95.7 Internet-based education and employment information system. 95.8 These are one-time funds. 95.9 $1,225,000 in fiscal year 1998 and $1,250,000 in fiscal 95.10 year 1999 is for a rebate program for qualifying employers who 95.11 employ less than 250 employees, who offer youth internships to 95.12 educators. An employer may apply for a rebate of up to $500 for 95.13 each paid youth internship and each educator internship, and up 95.14 to $3,000 for each paid youth apprenticeship. The commissioner 95.15 shall determine the application and payment process. 95.16 $450,000 each year is for youth apprenticeship program 95.17 grants. 95.18 $225,000 each year is for youth entrepreneurship grants 95.19 under Minnesota Statutes, section 121.72. Of this amount, 95.20 $25,000 each year is for the high school student 95.21 entrepreneurship program in independent school district No. 175, 95.22 Westbrook. This appropriation shall be used for expenses, 95.23 including, but not limited to, salaries, travel, seminars, 95.24 equipment purchases, contractual expenses, and other expenses 95.25 related to the student-run business. 95.26 $125,000 each year is for youth employer grants under Laws 95.27 1995, First Special Session chapter 3, article 4, section 28. 95.28 $150,000 each year is for parent and community awareness 95.29 training. 95.30 $825,000 each year is for the development of career 95.31 assessment benchmarks, lifework portfolios, industry skill 95.32 standards, curriculum development, career academies, and career 95.33 programs for elementary, middle school, and at-risk learners. 95.34 $400,000 each year is for state level activities, including 95.35 the governor's workforce council. 95.36 $275,000 each year is for development of occupational 96.1 information. 96.2 $300,000 each year is for a grant to be made available to a 96.3 county government that has established school-to-work projects 96.4 with schools located in a city of the first class. These grants 96.5 must be used to expand the number of at-risk students 96.6 participating in these school-to-work projects. Priority must 96.7 be given to projects that demonstrate collaboration between 96.8 private employers, collective bargaining representatives, school 96.9 officials, and the county government and which prepare at-risk 96.10 students for long-term employment with private sector employers 96.11 paying a minimum of 150 percent of the federal poverty level for 96.12 a family of four and with the majority of their employees in 96.13 collective bargaining units. 96.14 $250,000 each year is for agricultural school-to-work 96.15 grants. 96.16 $25,000 is for a grant to the Minnesota Historical Society 96.17 for money canceled in fiscal year 1997. 96.18 Any balance remaining in the first year does not cancel but 96.19 is available in the second year. 96.20 Sec. 16. [APPROPRIATIONS.] 96.21 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 96.22 LEARNING.] The sums indicated in this section are appropriated 96.23 from the general fund to the department of children, families, 96.24 and learning for the fiscal years designated. 96.25 Subd. 2. [INTERVENTION DEMONSTRATION PROJECTS.] For 96.26 establishing five voluntary interagency intervention 96.27 demonstration projects under section 6, subdivision 5: 96.28 $ 250,000 ..... 1999 96.29 The commissioner shall allocate the grant awards according 96.30 to the implementation needs of the grant recipients. 96.31 Subd. 3. [PLANNING AND DESIGN GRANT.] For one-time grants 96.32 to plan and design a lifework learning facility under section 13: 96.33 $ 450,000 ..... 1999 96.34 Sec. 17. [REPEALER.] 96.35 Laws 1993, chapter 146, article 5, section 20, as amended 96.36 by Laws 1997, First Special Session chapter 4, article 3, 97.1 section 20, is repealed. 97.2 Sec. 18. [EFFECTIVE DATE.] 97.3 Sections 6, 8, 10, 13, 14, and 15 are effective the day 97.4 following final enactment. 97.5 ARTICLE 4 97.6 FACILITIES AND ORGANIZATION 97.7 Section 1. Minnesota Statutes 1996, section 122.23, 97.8 subdivision 6, is amended to read: 97.9 Subd. 6. The commissioner shall, upon receipt of a plat, 97.10 forthwith examine it and approve, modify or reject it. The 97.11 commissioner shall also approve or reject any proposal contained 97.12 in the resolution or petition regarding the disposition of the 97.13 bonded debt of the component districts. If the plat shows the 97.14 boundaries of proposed separate election districts and if the 97.15 commissioner modifies the plat, the commissioner shall also 97.16 modify the boundaries of the proposed separate election 97.17 districts. The commissioner shall conduct ahearingpublic 97.18 meeting at the nearest county seat in the area upon reasonable 97.19 notice to the affected districts and county boards if requested 97.20 within 20 days after submission of the plat.Such a hearingThe 97.21 public meeting may be requested by the board of any affected 97.22 district, a county board of commissioners, or the petition of 20 97.23 resident voters living within the area proposed for 97.24 consolidation. The commissioner shall endorse on the plat 97.25 action regarding any proposal for the disposition of the bonded 97.26 debt of component districts and the reasons for these actions 97.27 andwithinafter a minimum of 20 days, but no more than 60 days 97.28 of the date of the receipt of the plat, the commissioner shall 97.29 return it to the county auditor who submitted it. The 97.30 commissioner shall furnish a copy of that plat, and the 97.31 supporting statement and its endorsement to the auditor of each 97.32 county containing any land area of the proposed new district. 97.33 If land area of a particular county was included in the plat, as 97.34 submitted by the county auditor, and all of such land area is 97.35 excluded in the plat as modified and approved, the commissioner 97.36 shall also furnish a copy of the modified plat, supporting 98.1 statement, and any endorsement to the auditor of such county. 98.2 Sec. 2. Minnesota Statutes 1996, section 123.35, 98.3 subdivision 19a, is amended to read: 98.4 Subd. 19a. [LIMITATION ON PARTICIPATION AND FINANCIAL 98.5 SUPPORT.] (a) No school district shall be required by any type 98.6 of formal or informal agreement except an agreement to provide 98.7 building space according to paragraph (f), including a joint 98.8 powers agreement, or membership in any cooperative unit defined 98.9 in subdivision 19b, paragraph (d), to participate in or provide 98.10 financial support for the purposes of the agreement for a time 98.11 period in excess ofonefour fiscalyearyears, or the time 98.12 period set forth in this subdivision. Any agreement, part of an 98.13 agreement, or other type of requirement to the contrary is void. 98.14 (b) This subdivision shall not affect the continued 98.15 liability of a school district for its share of bonded 98.16 indebtedness or other debt incurred as a result of any agreement 98.17 before July 1, 1993. The school district is liable only until 98.18 the obligation or debt is discharged and only according to the 98.19 payment schedule in effect on July 1, 1993, except that the 98.20 payment schedule may be altered for the purpose of restructuring 98.21 debt or refunding bonds outstanding on July 1, 1993, if the 98.22 annual payments of the school district are not increased and if 98.23 the total obligation of the school district for its share of 98.24 outstanding bonds or other debt is not increased. 98.25 (c) To cease participating in or providing financial 98.26 support for any of the services or activities relating to the 98.27 agreement or to terminate participation in the agreement, the 98.28 school board shall adopt a resolution and notify other parties 98.29 to the agreement of its decision on or before February 1 of any 98.30 year. The cessation or withdrawal shall be effective June 30 of 98.31 the same year except that for a member of an education district 98.32 organized under sections 122.91 to 122.95 or an intermediate 98.33 district organized under chapter 136D, cessation or withdrawal 98.34 shall be effective June 30 of the following fiscal year. At the 98.35 option of the school board, cessation or withdrawal may be 98.36 effective June 30 of the following fiscal year for a district 99.1 participating in any type of agreement. 99.2 (d) Before issuing bonds or incurring other debt, the 99.3 governing body responsible for implementing the agreement shall 99.4 adopt a resolution proposing to issue bonds or incur other debt 99.5 and the proposed financial effect of the bonds or other debt 99.6 upon each participating district. The resolution shall be 99.7 adopted within a time sufficient to allow the school board to 99.8 adopt a resolution within the time permitted by this paragraph 99.9 and to comply with the statutory deadlines set forth in sections 99.10 122.895, 125.12, and 125.17. The governing body responsible for 99.11 implementing the agreement shall notify each participating 99.12 school board of the contents of the resolution. Within 120 days 99.13 of receiving the resolution of the governing body, the school 99.14 board of the participating district shall adopt a resolution 99.15 stating: 99.16 (1) its concurrence with issuing bonds or incurring other 99.17 debt; 99.18 (2) its intention to cease participating in or providing 99.19 financial support for the service or activity related to the 99.20 bonds or other debt; or 99.21 (3) its intention to terminate participation in the 99.22 agreement. 99.23 A school board adopting a resolution according to clause 99.24 (1) is liable for its share of bonded indebtedness or other debt 99.25 as proposed by the governing body implementing the agreement. A 99.26 school board adopting a resolution according to clause (2) is 99.27 not liable for the bonded indebtedness or other debt, as 99.28 proposed by the governing body, related to the services or 99.29 activities in which the district ceases participating or 99.30 providing financial support. A school board adopting a 99.31 resolution according to clause (3) is not liable for the bonded 99.32 indebtedness or other debt proposed by the governing body 99.33 implementing the agreement. 99.34 (e) After July 1, 1993, a district is liable according to 99.35 paragraph (d) for its share of bonded indebtedness or other debt 99.36 incurred by the governing body implementing the agreement to the 100.1 extent that the bonds or other debt are directly related to the 100.2 services or activities in which the district participates or for 100.3 which the district provides financial support. The district has 100.4 continued liability only until the obligation or debt is 100.5 discharged and only according to the payment schedule in effect 100.6 at the time the governing body implementing the agreement 100.7 provides notice to the school board, except that the payment 100.8 schedule may be altered for the purpose of refunding the 100.9 outstanding bonds or restructuring other debt if the annual 100.10 payments of the district are not increased and if the total 100.11 obligation of the district for the outstanding bonds or other 100.12 debt is not increased. 100.13 (f) A school district that is a member of a cooperative 100.14 unit as defined in subdivision 19b, paragraph (d), may obligate 100.15 itself to participate in and provide financial support for an 100.16 agreement with a cooperative unit to provide school building 100.17 space for a term not to exceed two years with an option on the 100.18 part of the district to renew for an additional two years. 100.19 (g) Notwithstanding any limitations imposed under this 100.20 subdivision, a school district may, according to section 123.36, 100.21 subdivision 10, enter into a lease of all or a portion of a 100.22 schoolhouse that is not needed for school purposes, including, 100.23 but not limited to, a lease with a term of more than one year. 100.24 Sec. 3. Minnesota Statutes 1996, section 124.273, is 100.25 amended by adding a subdivision to read: 100.26 Subd. 8. [ALLOCATIONS FROM COOPERATIVE UNITS.] For the 100.27 purposes of this section and section 124.321, pupils of limited 100.28 English proficiency enrolled in a cooperative or intermediate 100.29 school district unit shall be counted by the school district of 100.30 residence, and the cooperative unit shall allocate its approved 100.31 expenditures for limited English proficiency programs among 100.32 participating school districts. Limited English proficiency aid 100.33 for services provided by a cooperative or intermediate school 100.34 district shall be paid to the participating school districts. 100.35 Sec. 4. Minnesota Statutes 1996, section 124.755, 100.36 subdivision 1, is amended to read: 101.1 Subdivision 1. [DEFINITIONS.] For the purposes of this 101.2 section, the term "debt obligation" meanseither: 101.3 (1) a tax or aid anticipation certificate of indebtedness; 101.4 (2) a certificate of participation issued under section 101.5 124.91, subdivision 7; or 101.6 (3) a general obligation bond. 101.7 Sec. 5. Minnesota Statutes 1997 Supplement, section 101.8 124.91, subdivision 1, is amended to read: 101.9 Subdivision 1. [TO LEASE BUILDING OR LAND.] (a) When a 101.10 district finds it economically advantageous to rent or lease a 101.11 building or land for any instructional purposes or for school 101.12 storage or furniture repair, and it determines that the 101.13 operating capital revenue authorized under section 124A.22, 101.14 subdivision 10, is insufficient for this purpose, it may apply 101.15 to the commissioner for permission to make an additional capital 101.16 expenditure levy for this purpose. An application for 101.17 permission to levy under this subdivision must contain financial 101.18 justification for the proposed levy, the terms and conditions of 101.19 the proposed lease, and a description of the space to be leased 101.20 and its proposed use. 101.21 (b) The criteria for approval of applications to levy under 101.22 this subdivision must include: the reasonableness of the price, 101.23 the appropriateness of the space to the proposed activity, the 101.24 feasibility of transporting pupils to the leased building or 101.25 land, conformity of the lease to the laws and rules of the state 101.26 of Minnesota, and the appropriateness of the proposed lease to 101.27 the space needs and the financial condition of the district. 101.28 The commissioner must not authorize a levy under this 101.29 subdivision in an amount greater than the cost to the district 101.30 of renting or leasing a building or land for approved purposes. 101.31 The proceeds of this levy must not be used for custodial or 101.32 other maintenance services. A district may not levy under this 101.33 subdivision for the purpose of leasing or renting a 101.34 district-owned building or site to itself. 101.35 (c) For agreements finalized after July 1, 1997, a district 101.36 may not levy under this subdivision for the purpose of leasing: 102.1 (1) a newly constructed building used primarily for regular 102.2 kindergarten, elementary, or secondary instruction; or (2) a 102.3 newly constructed building addition or additions used primarily 102.4 for regular kindergarten, elementary, or secondary instruction 102.5 that contains more than 20 percent of the square footage of the 102.6 previously existing building. 102.7 (d) The total levy under this subdivision for a district 102.8 for any year must not exceed $100 times the actual pupil units 102.9 for the fiscal year to which the levy is attributable. 102.10 (e) For agreements finalized after April 1, 1998, the term 102.11 "instructional purpose" as used in this subdivision excludes 102.12 expenditures on stadiums. 102.13 Sec. 6. Minnesota Statutes 1997 Supplement, section 102.14 124.91, subdivision 5, is amended to read: 102.15 Subd. 5. [INTERACTIVE TELEVISION.] (a) A school district 102.16 with its central administrative office located within economic 102.17 development region one, two, three, four, five, six, seven, 102.18 eight, nine, and ten may apply to the commissioner of children, 102.19 families, and learning for ITV revenue up to the greater of .5 102.20 percent of the adjusted net tax capacity of the district or 102.21 $25,000. Eligible interactive television expenditures include 102.22 the construction, maintenance, and lease costs of an interactive 102.23 television system for instructional purposes. An eligible 102.24 school district that has completed the construction of its 102.25 interactive television system may also purchase computer 102.26 hardware and software used primarily for instructional purposes 102.27 and access to the Internet provided that its total expenditures 102.28 for interactive television maintenance and lease costs and for 102.29 computer hardware and software under this subdivision do not 102.30 exceed its interactive television revenue for fiscal year 1998. 102.31 The approval by the commissioner of children, families, and 102.32 learning and the application procedures set forth in subdivision 102.33 1 shall apply to the revenue in this subdivision. In granting 102.34 the approval, the commissioner must consider whether the 102.35 district is maximizing efficiency through peak use and off-peak 102.36 use pricing structures. 103.1 (b) To obtain ITV revenue, a district may levy an amount 103.2 not to exceed the district's ITV revenue times the lesser of one 103.3 or the ratio of: 103.4 (1) the quotient derived by dividing the adjusted net tax 103.5 capacity of the district for the year before the year the levy 103.6 is certified by the actual pupil units in the district for the 103.7 year to which the levy is attributable; to 103.8 (2)100 percent of the equalizing factor as defined in103.9section 124A.02, subdivision 8, for the year to which the levy103.10is attributable$10,000. 103.11 (c) A district's ITV aid is the difference between its ITV 103.12 revenue and the ITV levy. 103.13 (d) The revenue in the first year after reorganization for 103.14 a district that has reorganized under section 122.22, 122.23, or 103.15 122.241 to 122.247 shall be the greater of: 103.16 (1) the revenue computed for the reorganized district under 103.17 paragraph (a), or 103.18 (2)(i) for two districts that reorganized, 75 percent of 103.19 the revenue computed as if the districts involved in the 103.20 reorganization were separate, or 103.21 (ii) for three or more districts that reorganized, 50 103.22 percent of the revenue computed as if the districts involved in 103.23 the reorganization were separate. 103.24 (e) The revenue in paragraph (d) is increased by the 103.25 difference between the initial revenue and ITV lease costs for 103.26 leases that had been entered into by the preexisting districts 103.27 on the effective date of the consolidation or combination and 103.28 with a term not exceeding ten years. This increased revenue is 103.29 only available for the remaining term of the lease. However, in 103.30 no case shall the revenue exceed the amount available had the 103.31 preexisting districts received revenue separately. 103.32 (f) Effective for fiscal year 2000, the revenue under this 103.33 section shall be 75 percent of the amount determined in 103.34 paragraph (a); for fiscal year 2001, 50 percent of the amount in 103.35 paragraph (a); and for fiscal year 2002, 25 percent of the 103.36 amount in paragraph (a). 104.1 (g) This section expires effective for revenue for fiscal 104.2 year 2003, or when leases in existence on the effective date of 104.3 Laws 1997, First Special Session chapter 4, expire. 104.4 Sec. 7. Minnesota Statutes 1996, section 124.95, 104.5 subdivision 6, is amended to read: 104.6 Subd. 6. [DEBT SERVICE EQUALIZATION AID PAYMENT SCHEDULE.] 104.7 Debt service equalization aid must be paid as follows: 30 104.8 percent before September 15, 30 percent before December 15,25104.9 30 percent before March 15, and a final payment of1510 percent 104.10 by July 15 of the subsequent fiscal year. 104.11 Sec. 8. Minnesota Statutes 1997 Supplement, section 104.12 124A.22, subdivision 11, is amended to read: 104.13 Subd. 11. [USES OF TOTAL OPERATING CAPITAL REVENUE.] Total 104.14 operating capital revenue may be used only for the following 104.15 purposes: 104.16 (1) to acquire land for school purposes; 104.17 (2) to acquire or construct buildings for school purposes,104.18up to $400,000; 104.19 (3) to rent or lease buildings, including the costs of 104.20 building repair or improvement that are part of a lease 104.21 agreement; 104.22 (4) to improve and repair school sites and buildings, and 104.23 equip or reequip school buildings with permanent attached 104.24 fixtures; 104.25 (5) for a surplus school building that is used 104.26 substantially for a public nonschool purpose; 104.27 (6) to eliminate barriers or increase access to school 104.28 buildings by individuals with a disability; 104.29 (7) to bring school buildings into compliance with the 104.30 uniform fire code adopted according to chapter 299F; 104.31 (8) to remove asbestos from school buildings, encapsulate 104.32 asbestos, or make asbestos-related repairs; 104.33 (9) to clean up and dispose of polychlorinated biphenyls 104.34 found in school buildings; 104.35 (10) to clean up, remove, dispose of, and make repairs 104.36 related to storing heating fuel or transportation fuels such as 105.1 alcohol, gasoline, fuel oil, and special fuel, as defined in 105.2 section 296.01; 105.3 (11) for energy audits for school buildings and to modify 105.4 buildings if the audit indicates the cost of the modification 105.5 can be recovered within ten years; 105.6 (12) to improve buildings that are leased according to 105.7 section 123.36, subdivision 10; 105.8 (13) to pay special assessments levied against school 105.9 property but not to pay assessments for service charges; 105.10 (14) to pay principal and interest on state loans for 105.11 energy conservation according to section 216C.37 or loans made 105.12 under the Northeast Minnesota Economic Protection Trust Fund Act 105.13 according to sections 298.292 to 298.298; 105.14 (15) to purchase or lease interactive telecommunications 105.15 equipment; 105.16 (16) by school board resolution, to transfer money into the 105.17 debt redemption fund to: (i) pay the amounts needed to meet, 105.18 when due, principal and interest payments on certain obligations 105.19 issued according to chapter 475; or (ii) pay principal and 105.20 interest on debt service loans or capital loans according to 105.21 section 124.44; 105.22 (17) to pay capital expenditure equipment-related 105.23 assessments of any entity formed under a cooperative agreement 105.24 between two or more districts; 105.25 (18) to purchase or lease computers and related materials, 105.26 copying machines, telecommunications equipment, and other 105.27 noninstructional equipment; 105.28 (19) to purchase or lease assistive technology or equipment 105.29 for instructional programs; 105.30 (20) to purchase textbooks; 105.31 (21) to purchase new and replacement library books; 105.32 (22) to purchase vehicles; 105.33 (23) to purchase or lease telecommunications equipment, 105.34 computers, and related equipment for integrated information 105.35 management systems for: 105.36 (i) managing and reporting learner outcome information for 106.1 all students under a results-oriented graduation rule; 106.2 (ii) managing student assessment, services, and achievement 106.3 information required for students with individual education 106.4 plans; and 106.5 (iii) other classroom information management needs; and 106.6 (24) to pay personnel costs directly related to the 106.7 acquisition, operation, and maintenance of telecommunications 106.8 systems, computers, related equipment, and network and 106.9 applications software. 106.10 Sec. 9. Laws 1997, First Special Session chapter 4, 106.11 article 4, section 35, subdivision 9, is amended to read: 106.12 Subd. 9. [FLOOD LOSSES.] For grants and loans to 106.13 independent school district Nos. 2854, Ada-Borup; 2176, 106.14 Warren-Alvarado-Oslo; 846, Breckenridge; 595, East Grand Forks; 106.15 and other districts affected by the 1997 floods for expenses 106.16 associated with the floods not covered by insurance or state or 106.17 federal disaster relief: 106.18 $4,700,000 ..... 1998 106.19 The commissioner shall award grants and loans to school 106.20 districts to cover expenses associated with the 1997 floods. 106.21 The grants or loans may be for capital losses or for 106.22 extraordinary operating expenses resulting from the floods. 106.23 School districts shall repay any loan or grant amounts to the 106.24 department if those amounts are otherwise funded from other 106.25 sources. The commissioner shall establish the terms and 106.26 conditions of any loans and may request any necessary 106.27 information from school districts before awarding a grant or 106.28 loan. This appropriation shall also be used to fund aid under 106.29 sections 33 and 34. 106.30 This appropriation is available until June 30, 1999. 106.31 Sec. 10. Laws 1997, First Special Session chapter 4, 106.32 article 9, section 12, subdivision 8, is amended to read: 106.33 Subd. 8. [INTERACTIVE TELEVISION (ITV) AID.] For 106.34 interactive television (ITV) aid under Minnesota Statutes, 106.35 section 124.91, subdivision 5: 106.36$4,030,000$4,569,000 ..... 1998 107.1$4,052,000$6,050,000 ..... 1999 107.2 The 1998 appropriation includes $384,000 for 1997 and 107.3$3,646,000$4,185,000 for 1998. 107.4 The 1999 appropriation includes$405,000$465,000 for 1998 107.5 and$3,647,000$5,585,000 for 1999. 107.6 Sec. 11. [ENHANCED PAIRING COOPERATION AND COMBINATION 107.7 AID.] 107.8 Subdivision 1. [DISTRICT ELIGIBILITY.] A group of 107.9 districts participating in an enhanced pairing agreement under 107.10 Laws 1995, First Special Session chapter 3, article 6, section 107.11 17, is eligible for a grant for cooperation and combination. 107.12 Subd. 2. [AID AMOUNT.] A district that is participating in 107.13 an enhanced pairing agreement is eligible for consolidation 107.14 transition revenue under Minnesota Statutes, section 124.2726 107.15 and is also eligible for additional state aid equal to $100 107.16 times the number of pupil units enrolled in an enhanced paired 107.17 district in the year prior to consolidation. 107.18 Subd. 3. [AID USES.] A district receiving aid under this 107.19 section must use the aid consistent with the purposes listed 107.20 under Minnesota Statutes, section 124.2725, subdivision 11, or 107.21 other purposes related to combination of the individual 107.22 districts as determined by the school board. If, after receipt 107.23 of state aid under this section the districts choose not to 107.24 combine and receive aid under Minnesota Statutes, section 107.25 124.2726, the commissioner of children, families, and learning 107.26 must recover aid equal to $25 times the number of pupil units in 107.27 the enhanced paired district. 107.28 Sec. 12. [LEASE LEVY FOR ADMINISTRATIVE SPACE; SOUTH ST. 107.29 PAUL AND MANKATO.] 107.30 Each year, special school district No. 6, South St. Paul, 107.31 and independent school district No. 77, Mankato, may levy the 107.32 amounts necessary to rent or lease administrative space so that 107.33 space previously used for administrative purposes may be used 107.34 for instructional purposes. 107.35 Sec. 13. [BONDING AUTHORIZATION.] 107.36 To provide funds for the acquisition or betterment of 108.1 school facilities, independent school district No. 625, St. 108.2 Paul, may by two-thirds majority vote of all the members of the 108.3 board of directors issue general obligation bonds in one or more 108.4 series in calendar years 1998 to 2002, both inclusive, as 108.5 provided in this section. The aggregate principal amount of any 108.6 bonds issued under this section for each calendar year must not 108.7 exceed $15,000,000. Issuance of the bonds is not subject to 108.8 Minnesota Statutes, section 475.58 or 475.59. The bonds must 108.9 otherwise be issued as provided in Minnesota Statutes, chapter 108.10 475. The authority to issue bonds under this section is in 108.11 addition to any bonding authority authorized by Minnesota 108.12 Statutes, chapter 124, or other law. The amount of bonding 108.13 authority authorized under this section must be disregarded in 108.14 calculating the bonding limit of Minnesota Statutes, chapter 108.15 124, or any other law other than Minnesota Statutes, section 108.16 475.53, subdivision 4. 108.17 Sec. 14. [TAX LEVY FOR DEBT SERVICE.] 108.18 To pay the principal of and interest on bonds issued under 108.19 section 13, independent school district No. 625, St. Paul, must 108.20 levy a tax annually in an amount sufficient under Minnesota 108.21 Statutes, section 475.61, subdivisions 1 and 3, to pay the 108.22 principal of and interest on the bonds. The tax authorized 108.23 under this section is in addition to the taxes authorized to be 108.24 levied under Minnesota Statutes, chapter 124A or 275, or other 108.25 law. 108.26 Sec. 15. [LEVY MODIFICATION.] 108.27 Independent school district No. 625, St. Paul, shall submit 108.28 a revised schedule for capital expenditure health and safety 108.29 projects to the commissioner of children, families, and 108.30 learning. The schedule must show a decrease in the district's 108.31 health and safety revenue projects commensurate with the 108.32 increase in its debt service levy attributable to the enactment 108.33 of sections 13 and 14 for taxes payable in 1999 and taxes 108.34 payable in 2000. 108.35 Sec. 16. [MOUNTAIN IRON-BUHL; BONDS.] 108.36 Subdivision 1. [AUTHORIZATION.] Independent school 109.1 district No. 712, Mountain Iron-Buhl, may issue bonds in an 109.2 aggregate principal amount not exceeding $5,300,000 in addition 109.3 to any bonds already issued or authorized, to provide funds to 109.4 design, construct, equip, furnish, remodel, rehabilitate, and 109.5 acquire land for school facilities and buildings, or abate, 109.6 remove, and dispose of asbestos, polychlorinated biphenyls, or 109.7 petroleum as defined in Minnesota Statutes, section 115C.02, and 109.8 make repairs related to the abatement, removal, or disposal of 109.9 these substances. Independent school district No. 712, Mountain 109.10 Iron-Buhl, may spend the proceeds of the bond sale for those 109.11 purposes and any architect, engineer, and legal fees incidental 109.12 to those purposes or the sale. The bond shall be authorized, 109.13 issued, sold, executed, and delivered in the manner provided by 109.14 Minnesota Statutes, chapter 475, including submission of the 109.15 proposition to the electors under Minnesota Statutes, section 109.16 475.58. After authorization by the electors under Minnesota 109.17 Statutes, section 475.58, a resolution of the board levying 109.18 taxes for the payment of bonds and interest on them and pledging 109.19 the proceeds of the levies for the payment of the bonds and 109.20 interest on them shall be deemed to be in compliance with the 109.21 provisions of Minnesota Statutes, chapter 475, with respect to 109.22 the levying of taxes for their payment. 109.23 Subd. 2. [APPROPRIATION.] There is annually appropriated 109.24 from the distribution of taconite production tax revenues to the 109.25 taconite environmental protection fund pursuant to Minnesota 109.26 Statutes, section 298.28, subdivision 11, and to the northeast 109.27 Minnesota economic protection trust pursuant to Minnesota 109.28 Statutes, section 298.28, subdivisions 9 and 11, in equal 109.29 shares, an amount sufficient to pay when due 80 percent of the 109.30 principal and interest on the bonds issued pursuant to 109.31 subdivision 1. If the annual distribution to the northeast 109.32 Minnesota economic protection trust is insufficient to pay its 109.33 share after fulfilling any obligations of the trust under 109.34 Minnesota Statutes, section 298.225 or 298.293, the deficiency 109.35 shall be appropriated from the taconite environmental protection 109.36 fund. 110.1 Subd. 3. [DISTRICT OBLIGATIONS.] Bonds issued under 110.2 authority of this section shall be the general obligations of 110.3 the school district, for which its full faith and credit and 110.4 unlimited taxing powers shall be pledged. If there are any 110.5 deficiencies in the amount received pursuant to subdivision 2, 110.6 they shall be made good by general levies, not subject to limit, 110.7 on all taxable properties in the district in accordance with 110.8 Minnesota Statutes, section 475.64. If any deficiency levies 110.9 are necessary, the school board may effect a temporary loan or 110.10 loans on certificates of indebtedness issued in anticipation of 110.11 them to meet payments of principal or interest on the bonds due 110.12 or about to become due. 110.13 Subd. 4. [DISTRICT LEVY.] The school board shall by 110.14 resolution levy on all property in the school district subject 110.15 to the general ad valorem school tax levies, and not subject to 110.16 taxation under Minnesota Statutes, sections 298.23 to 298.28, a 110.17 direct annual ad valorem tax for each year of the term of the 110.18 bonds in amounts that, if collected in full, will produce the 110.19 amounts needed to meet when due 20 percent of the principal and 110.20 interest payments on the bonds. A copy of the resolution shall 110.21 be filed, and the necessary taxes shall be extended, assessed, 110.22 collected, and remitted in accordance with Minnesota Statutes, 110.23 section 475.61. 110.24 Subd. 5. [LEVY LIMITATIONS.] Taxes levied pursuant to this 110.25 section shall be disregarded in the calculation of any other tax 110.26 levies or limits on tax levies provided by other law. 110.27 Subd. 6. [BONDING LIMITATIONS.] Bonds may be issued under 110.28 authority of this section notwithstanding any limitations upon 110.29 the indebtedness of a district, and their amounts shall not be 110.30 included in computing the indebtedness of a district for any 110.31 purpose, including the issuance of subsequent bonds and the 110.32 incurring of subsequent indebtedness. 110.33 Subd. 7. [TERMINATION OF APPROPRIATION.] The appropriation 110.34 authorized in subdivision 2 shall terminate upon payment or 110.35 maturity of the last of those bonds. 110.36 Subd. 8. [BOND ISSUE REQUIREMENT.] No bonds may be issued 111.1 under this section after March 1, 2000, unless they are issued 111.2 under a contract in effect on or before March 1, 2000. 111.3 Subd. 9. [LOCAL APPROVAL.] This section is effective for 111.4 independent school district No. 712, Mountain Iron-Buhl, the day 111.5 after its governing body complies with Minnesota Statutes, 111.6 section 645.021, subdivision 3. 111.7 Sec. 17. [BONDS PAID FROM TACONITE PRODUCTION TAX 111.8 REVENUES.] 111.9 Subdivision 1. [REFUNDING BONDS.] The appropriation of 111.10 funds from the distribution of taconite production tax revenues 111.11 to the taconite environmental protection tax fund and the 111.12 northeast Minnesota economic protection fund made by Laws 1988, 111.13 chapter 718, article 7, sections 62 and 63; Laws 1989, chapter 111.14 329, article 5, section 20; Laws 1990, chapter 604, article 8, 111.15 section 13; Laws 1992, chapter 499, article 5, section 29; and 111.16 Laws 1996, chapter 412, article 5, sections 18 to 20; and by 111.17 section 16, shall continue to apply to bonds issued under 111.18 Minnesota Statutes, chapter 475, to refund bonds originally 111.19 issued pursuant to those chapters. 111.20 Subd. 2. [LOCAL PAYMENTS.] School districts that are 111.21 required in Laws 1988, chapter 718, article 7, sections 62 and 111.22 63; Laws 1989, chapter 329, article 5, section 20; Laws 1990, 111.23 chapter 604, article 8, section 13; Laws 1992, chapter 499, 111.24 article 5, section 29; and sections 18 to 20, to impose levies 111.25 to pay debt service on the bonds issued under those provisions 111.26 to the extent the principal and interest on the bonds is not 111.27 paid by distributions from the taconite environmental protection 111.28 fund and the northeast Minnesota economic protection trust, may 111.29 pay their portion of the principal and interest from any funds 111.30 available to them. To the extent a school district uses funds 111.31 other than the proceeds of a property tax levy to pay its share 111.32 of the principal and interest on the bonds, the requirement to 111.33 impose a property tax to pay the local share does not apply to 111.34 the school district. 111.35 Sec. 18. [MODEL TECHNOLOGY PROGRAM.] 111.36 Subdivision 1. [PROGRAM.] A school district may develop a 112.1 model technology program. The program must provide for a 112.2 systematic implementation of the district's technology plan. 112.3 The plan must include a schedule of hardware and software 112.4 purchases as well as provide for the technical support and staff 112.5 development necessary to fully utilize the technology. 112.6 Subd. 2. [EQUIPMENT LEASING.] Notwithstanding any other 112.7 law to the contrary, a school district may enter into an 112.8 arrangement to lease hardware and software for a period of time 112.9 mutually agreed upon by the school board and the contractor. 112.10 Sec. 19. [APPROPRIATION.] 112.11 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 112.12 LEARNING.] The sums indicated in this section are appropriated 112.13 from the general fund to the department of children, families, 112.14 and learning for the fiscal years designated. 112.15 Subd. 2. [CROW RIVER AND MEEKER AND WRIGHT SPECIAL 112.16 EDUCATION COOPERATIVES.] For a grant to special education 112.17 cooperatives No. 52-937, Crow River, and No. 52-938, Meeker and 112.18 Wright, for disability access improvements to conform to the 112.19 Americans with Disabilities Act and for code compliance in 112.20 school building space for the students served by the 112.21 cooperatives: 112.22 $ 100,000 ..... 1999 112.23 Subd. 3. [CARLTON PLANNING GRANT.] For a grant to 112.24 independent school district No. 93, Carlton, to develop a plan 112.25 to coordinate district buildings and services: 112.26 $ 10,000 ..... 1999 112.27 The school district shall collaborate with the city of 112.28 Carlton and Carlton county in developing the plan. 112.29 Subd. 4. [CALEDONIA PLANNING GRANT.] (a) For a grant to 112.30 perform a management assistance study for independent school 112.31 district No. 299, Caledonia: 112.32 $ 40,000 ..... 1999 112.33 (b) The study shall include an analysis of facility needs, 112.34 enrollment trends, and instructional opportunities available to 112.35 pupils of independent school district No. 299, Caledonia. The 112.36 department may consult with neighboring school districts, as 113.1 appropriate. The department shall complete the management 113.2 assistance study by December 31, 1998. 113.3 (c) This appropriation is available until June 30, 1999. 113.4 Subd. 5. [COORDINATED FACILITIES PLAN; MAPLE RIVER.] For a 113.5 grant to independent school district No. 2135, Maple River: 113.6 $ 200,000 ..... 1999 113.7 The grant shall be used to examine and coordinate the 113.8 district's building needs. The district must evaluate how the 113.9 current use of its facilities is affecting its educational 113.10 services and examine cost efficiencies that may result from a 113.11 coordinated facilities plan. The grant may be used for 113.12 operating purposes, transportation purposes, or facilities 113.13 purposes that lead to greater program efficiencies. 113.14 Subd. 6. [ENHANCED PAIRING COMBINATION AID.] For a grant 113.15 to a group of school districts participating in the enhanced 113.16 pairing program that intend to combine into a single school 113.17 district: 113.18 $ 135,000 ..... 1999 113.19 Sec. 20. [EFFECTIVE DATE.] 113.20 (a) Sections 1, 2, 3, and 12 are effective July 1, 1998. 113.21 (b) Section 4 is effective retroactively for revenue for 113.22 fiscal year 1997. 113.23 (c) Section 6 is effective for revenue for fiscal year 1999. 113.24 (d) Section 7 is effective for revenue for fiscal year 1998. 113.25 (e) Sections 8, 9, and 10 are effective the day following 113.26 final enactment. 113.27 (f) Sections 13 and 14 are effective the day after the 113.28 governing body of independent school district No. 625, St. Paul, 113.29 complies with Minnesota Statutes, section 645.021, subdivision 3. 113.30 ARTICLE 5 113.31 POLICIES PROMOTING ACADEMIC EXCELLENCE 113.32 Section 1. Minnesota Statutes 1996, section 43A.17, 113.33 subdivision 9, is amended to read: 113.34 Subd. 9. [POLITICAL SUBDIVISION COMPENSATION LIMIT.] The 113.35 salary and the value of all other forms of compensation of a 113.36 person employed by a statutory or home rule charter city, 114.1 county, town,school district,metropolitan or regional agency, 114.2 or other political subdivision of this state excluding a school 114.3 district, or employed under section 422A.03, may not exceed 95 114.4 percent of the salary of the governor as set under section 114.5 15A.082, except as provided in this subdivision. Deferred 114.6 compensation and payroll allocations to purchase an individual 114.7 annuity contract for an employee are included in determining the 114.8 employee's salary. Other forms of compensation which shall be 114.9 included to determine an employee's total compensation are all 114.10 other direct and indirect items of compensation which are not 114.11 specifically excluded by this subdivision. Other forms of 114.12 compensation which shall not be included in a determination of 114.13 an employee's total compensation for the purposes of this 114.14 subdivision are: 114.15 (1) employee benefits that are also provided for the 114.16 majority of all other full-time employees of the political 114.17 subdivision, vacation and sick leave allowances, health and 114.18 dental insurance, disability insurance, term life insurance, and 114.19 pension benefits or like benefits the cost of which is borne by 114.20 the employee or which is not subject to tax as income under the 114.21 Internal Revenue Code of 1986; 114.22 (2) dues paid to organizations that are of a civic, 114.23 professional, educational, or governmental nature; and 114.24 (3) reimbursement for actual expenses incurred by the 114.25 employee which the governing body determines to be directly 114.26 related to the performance of job responsibilities, including 114.27 any relocation expenses paid during the initial year of 114.28 employment. 114.29 The value of other forms of compensation shall be the 114.30 annual cost to the political subdivision for the provision of 114.31 the compensation. The salary of a medical doctor or doctor of 114.32 osteopathy occupying a position that the governing body of the 114.33 political subdivision has determined requires an M.D. or D.O. 114.34 degree is excluded from the limitation in this subdivision. The 114.35 commissioner may increase the limitation in this subdivision for 114.36 a position that the commissioner has determined requires special 115.1 expertise necessitating a higher salary to attract or retain a 115.2 qualified person. The commissioner shall review each proposed 115.3 increase giving due consideration to salary rates paid to other 115.4 persons with similar responsibilities in the state and nation. 115.5 The commissioner may not increase the limitation until the 115.6 commissioner has presented the proposed increase to the 115.7 legislative coordinating commission and received the 115.8 commission's recommendation on it. The recommendation is 115.9 advisory only. If the commission does not give its 115.10 recommendation on a proposed increase within 30 days from its 115.11 receipt of the proposal, the commission is deemed to have 115.12 recommended approval. 115.13 Sec. 2. Minnesota Statutes 1996, section 43A.17, 115.14 subdivision 10, is amended to read: 115.15 Subd. 10. [LOCAL ELECTED OFFICIALS; CERTAIN COMPENSATION 115.16 PROHIBITED.] The compensation plan for an elected official of a 115.17 statutory or home rule charter city, county, or town, or school115.18districtmay not include a provision for vacation or sick 115.19 leave. The salary of an official covered by this subdivision 115.20 may not be diminished because of the official's absence from 115.21 official duties because of vacation or sickness. 115.22 Sec. 3. Minnesota Statutes 1996, section 120.064, 115.23 subdivision 11, is amended to read: 115.24 Subd. 11. [EMPLOYMENT AND OTHER OPERATING MATTERS.] (a) A 115.25 charter school shall employ or contract with necessary teachers, 115.26 as defined by section 125.03, subdivision 1, who hold valid 115.27 licenses to perform the particular service for which they are 115.28 employed in the school. The school may employ necessary 115.29 employees who are not required to hold teaching licenses to 115.30 perform duties other than teaching and may contract for other 115.31 services. The school may discharge teachers and nonlicensed 115.32 employees. 115.33 (b) A charter school may enter into a contract for teaching 115.34 or administrative services related to instruction only with: 115.35 (1) an individual teacher for the teaching services of that 115.36 teacher; 116.1 (2) an individual administrator for the administrative 116.2 services of that administrator; or 116.3 (3) a nonprofit entity not controlled by or under common 116.4 control with a related organization as defined in section 116.5 317A.011, subdivision 18, that is other than a nonprofit 116.6 corporation. 116.7 Nothing in this subdivision shall prevent a charter school 116.8 from contracting with other entities for administrative or 116.9 instructional services if those services do not constitute the 116.10 entire administration or operation of the charter school. 116.11 (c) The board of directors also shall decide matters 116.12 related to the operation of the school, including budgeting, 116.13 curriculum and operating procedures. 116.14 Sec. 4. Minnesota Statutes 1997 Supplement, section 116.15 120.101, subdivision 5, is amended to read: 116.16 Subd. 5. [AGES AND TERMS.] (a) Every child between seven 116.17 and 16 years of age shall receive instruction. Every child 116.18 under the age of seven who is enrolled in a half-day 116.19 kindergarten, or a full-day kindergarten program on alternate 116.20 days, or other kindergarten programs shall receive instruction. 116.21 Except as provided in subdivision 5a, a parent may withdraw a 116.22 child under the age of seven from enrollment at any time. 116.23 (b) A school district by annual board action may require 116.24 children subject to this subdivision to receive instruction in 116.25 summer school. A district that acts to require children to 116.26 receive instruction in summer school shall establish at the time 116.27 of its action the criteria for determining which children must 116.28 receive instruction. 116.29 Sec. 5. Minnesota Statutes 1996, section 120.73, 116.30 subdivision 1, is amended to read: 116.31 Subdivision 1. A school board is authorized to require 116.32 payment of fees in the following areas: 116.33(a)(1) in any program where the resultant product, in 116.34 excess of minimum requirements and at the pupil's option, 116.35 becomes the personal property of the pupil; 116.36(b)(2) admission fees or charges for extra curricular 117.1 activities, where attendance is optional and where the admission 117.2 fees or charges a student must pay to attend or participate in 117.3 an extracurricular activity is the same for all students, 117.4 regardless of whether the student is enrolled in a public or a 117.5 home school; 117.6(c)(3) a security deposit for the return of materials, 117.7 supplies, or equipment; 117.8(d)(4) personal physical education and athletic equipment 117.9 and apparel, although any pupil may personally provide it if it 117.10 meets reasonable requirements and standards relating to health 117.11 and safety established by the school board; 117.12(e)(5) items of personal use or products which a student 117.13 has an option to purchase such as student publications, class 117.14 rings, annuals, and graduation announcements; 117.15(f)(6) fees specifically permitted by any other statute, 117.16 including but not limited to section 171.04, subdivision 1, 117.17 clause (1); 117.18(g)(7) field trips considered supplementary to a district 117.19 educational program; 117.20(h)(8) any authorized voluntary student health and 117.21 accident benefit plan; 117.22(i)(9) for the use of musical instruments owned or rented 117.23 by the district, a reasonable rental fee not to exceed either 117.24 the rental cost to the district or the annual depreciation plus 117.25 the actual annual maintenance cost for each instrument; 117.26(j)(10) transportation of pupils to and from extra 117.27 curricular activities conducted at locations other than school, 117.28 where attendance is optional; 117.29(k)(11) transportation of pupils to and from school for 117.30 which aid for fiscal year 1996 is not authorized under Minnesota 117.31 Statutes 1994, section 124.223, subdivision 1, and for which 117.32 levy for fiscal year 1996 is not authorized under Minnesota 117.33 Statutes 1994, section 124.226, subdivision 5, if a district 117.34 charging fees for transportation of pupils establishes 117.35 guidelines for that transportation to ensure that no pupil is 117.36 denied transportation solely because of inability to pay; 118.1(l)(12) motorcycle classroom education courses conducted 118.2 outside of regular school hours; provided the charge shall not 118.3 exceed the actual cost of these courses to the school district; 118.4(m)(13) transportation to and from post-secondary 118.5 institutions for pupils enrolled under the post-secondary 118.6 enrollment options program under section 123.39, subdivision 118.7 16. Fees collected for this service must be reasonable and 118.8 shall be used to reduce the cost of operating the route. 118.9 Families who qualify for mileage reimbursement under section 118.10 123.3514, subdivision 8, may use their state mileage 118.11 reimbursement to pay this fee. If no fee is charged, districts 118.12 shall allocate costs based on the number of pupils riding the 118.13 route. 118.14 Sec. 6. Minnesota Statutes 1997 Supplement, section 118.15 121.11, subdivision 7c, is amended to read: 118.16 Subd. 7c. [RESULTS-ORIENTED GRADUATION RULE.] (a) The 118.17 legislature is committed to establishing a rigorous, 118.18 results-oriented graduation rule for Minnesota's public school 118.19 students. To that end, the state board shall use its rulemaking 118.20 authority under subdivision 7b to adopt a statewide, 118.21 results-oriented graduation rule to be implemented starting with 118.22 students beginning ninth grade in the 1996-1997 school year. 118.23 The board shall not prescribe in rule or otherwise the delivery 118.24 system or form of instruction that local sites must use to meet 118.25 the requirements contained in this rule. 118.26 (b) To successfully accomplish paragraph (a), the state 118.27 board shall set in rule high academic standards for all 118.28 students. The standards must contain the foundational skills in 118.29 the three core curricular areas of reading, writing, and 118.30 mathematics while meeting requirements for high school 118.31 graduation. The standards must also provide an opportunity for 118.32 students to excel by meeting higher academic standards through a 118.33 profile of learning that uses curricular requirements to allow 118.34 students to expand their knowledge and skills beyond the 118.35 foundational skills. All state board actions regarding the rule 118.36 must be premised on the following: 119.1 (1) the rule is intended to raise academic expectations for 119.2 students, teachers, and schools; 119.3 (2) any state action regarding the rule must evidence 119.4 consideration of school district autonomy; and 119.5 (3) the department of children, families, and learning, 119.6 with the assistance of school districts, must make available 119.7 information about all state initiatives related to the rule to 119.8 students and parents, teachers, and the general public in a 119.9 timely format that is appropriate, comprehensive, and readily 119.10 understandable. 119.11 (c) For purposes of adopting the rule, the state board, in 119.12 consultation with the department, recognized psychometric 119.13 experts in assessment, and other interested and knowledgeable 119.14 educators, using the most current version of professional 119.15 standards for educational testing, shall evaluate the 119.16 alternative approaches to assessment. 119.17 (d) The content of the graduation rule must differentiate 119.18 between minimum competencies reflected in the basic requirements 119.19 assessment and rigorous profile of learning standards. When 119.20 fully implemented, the requirements for high school graduation 119.21 in Minnesota must include both basic requirements and the 119.22 required profile of learning. The profile of learning must 119.23 measure student performance using performance-based assessments 119.24 compiled over time that integrate higher academic standards, 119.25 higher order thinking skills, and application of knowledge from 119.26 a variety of content areas. The profile of learning shall 119.27 include a broad range of academic experience and accomplishment 119.28 necessary to achieve the goal of preparing students to function 119.29 effectively as purposeful thinkers, effective communicators, 119.30 self-directed learners, productive group participants, and 119.31 responsible citizens. The commissioner, with the assistance of 119.32 the office of educational accountability, the clearinghouse of 119.33 best educational practices, and the technical quality review 119.34 advisory panel under section 121.1115, shall develop and 119.35 disseminate to school districts a uniform form and method for 119.36 districts to use in measuring and reporting student performance 120.1 on the profile of learning at the school, district, and state 120.2 levels beginning with the 1999-2000 school year and thereafter. 120.3 (e) The state board shall periodically review and report on 120.4 the assessment process and student achievement with the 120.5 expectation of raising the standards and expanding high school 120.6 graduation requirements. 120.7 (f) The state board shall report in writing to the 120.8 legislature annually by January 15 on its progress in developing 120.9 and implementing the graduation requirements according to the 120.10 requirements of this subdivision and section 123.97 until such 120.11 time as all the graduation requirements are implemented. 120.12 Sec. 7. Minnesota Statutes 1997 Supplement, section 120.13 121.1113, subdivision 1, is amended to read: 120.14 Subdivision 1. [STATEWIDE TESTING.] (a) The commissioner, 120.15 with advice from experts with appropriate technical 120.16 qualifications and experience and stakeholders, shall include in 120.17 the comprehensive assessment system, for each grade level to be 120.18 tested, a single statewide norm-referenced or 120.19 criterion-referenced test, or a combination of a norm-referenced 120.20 and a criterion-referenced test, which shall be highly 120.21 correlated with the state's graduation standards and 120.22 administered annually to all students in the third, fifth, and 120.23 eighth grades. The commissioner shall establish one or more 120.24 months during which schools shall administer the tests to 120.25 students each school year. The Minnesota basic skills tests in 120.26 reading and mathematics shall fulfill students' eighth grade 120.27 testing requirements. School districts shall continue to 120.28 administer official state basic skills tests in reading and 120.29 mathematics between one and three times per year to a student 120.30 until the student receives a passing score on those state tests, 120.31 thereby fulfilling the student's eighth grade testing 120.32 requirements. Other testing options do not fulfill the 120.33 student's eighth grade testing requirements for a passing state 120.34 notation. 120.35 (b) In addition, at the secondary level, districts shall 120.36 assess student performance in all required learning areas and 121.1 selected required standards within each area of the profiles of 121.2 learning. The testing instruments and testing process shall be 121.3 determined by the commissioner. The results shall be aggregated 121.4 at the site and district level. The testing shall be 121.5 administered beginning in the 1999-2000 school year and 121.6 thereafter. 121.7 (c) The comprehensive assessment system shall include an 121.8 evaluation of school site and school district performance levels 121.9 during the 1997-1998 school year and thereafter using an 121.10 established performance baseline developed from students' test 121.11 scores under this section that records, at a minimum, students' 121.12 unweighted mean test scores in each tested subject, a second 121.13 performance baseline that reports, at a minimum, the same 121.14 unweighted mean test scores of only those students enrolled in 121.15 the school by January 1 of the previous school year, and a third 121.16 performance baseline that reports the same unweighted test 121.17 scores of all students except those students receiving limited 121.18 English proficiency instruction. The evaluation also shall 121.19 record separately, in proximity to the performance baselines, 121.20 the percentages of students who are eligible to receive a free 121.21 or reduced price school meal, demonstrate limited English 121.22 proficiency, or are eligible to receive special education 121.23 services. 121.24 (d) In addition to the testing and reporting requirements 121.25 under paragraphs (a), (b), and (c), the commissioner, in 121.26 consultation with the state board of education, shall include 121.27 the following components in the statewide educational 121.28 accountability and public reporting system: 121.29 (1) uniform statewide testing of all third, fifth, eighth, 121.30 and post-eighth grade students with exemptions, only with parent 121.31 or guardian approval, from the testing requirement only for 121.32 those very few students for whom the student's individual 121.33 education plan team under section 120.17, subdivision 2, 121.34 determines that the student is incapable of taking a statewide 121.35 test, or a limited English proficiency student under section 121.36 126.262, subdivision 2, if the student has been in the United 122.1 States for fewer than 12 months and for whom special language 122.2 barriers exist, such as the student's native language does not 122.3 have a written form or the district does not have access to 122.4 appropriate interpreter services for the student's native 122.5 language; 122.6 (2) educational indicators that can be aggregated and 122.7 compared across school districts and across time on a statewide 122.8 basis; 122.9 (3) students' scores on the American College Test; 122.10 (4) participation in the National Assessment of Educational 122.11 Progress so that the state can benchmark its performance against 122.12 the nation and other states, and, where possible, against other 122.13 countries, and contribute to the national effort to monitor 122.14 achievement; and 122.15 (5) basic skills and advanced competencies connecting 122.16 teaching and learning to high academic standards, assessment, 122.17 and transitions to citizenship and employment. 122.18 (e) Districts must report exemptions under paragraph (d), 122.19 clause (1), to the commissioner consistent with a format 122.20 provided by the commissioner. 122.21 Sec. 8. Minnesota Statutes 1996, section 121.1115, is 122.22 amended by adding a subdivision to read: 122.23 Subd. 1b. [EDUCATIONAL ACCOUNTABILITY.] (a) In realizing 122.24 its purpose under Laws 1997, First Special Session chapter 4, 122.25 article 5, section 28, subdivision 2, the office of educational 122.26 accountability shall advise the education committees of the 122.27 legislature at least on a biennial basis, on the degree to which 122.28 the statewide educational accountability and reporting system 122.29 includes a comprehensive, performance-based assessment framework 122.30 that makes schools accountable for students achieving the goals 122.31 described in the state's high school graduation rule. The 122.32 office shall consider whether the statewide system of 122.33 educational accountability provides useful comparative and 122.34 contextual data on students, schools, districts, and the state, 122.35 and whether it includes: 122.36 (1) public reporting on the condition of the educational 123.1 system using multiple indicators that are essential to 123.2 describing and understanding the needs of children and youth and 123.3 apply to all students; 123.4 (2) a core set of educational indicators that are 123.5 comparable and capable of being aggregated across school 123.6 districts and across time on a statewide basis; 123.7 (3) public reporting on the condition of the educational 123.8 system that supports the direction of state educational policy; 123.9 (4) a public reporting system that is flexible and permits 123.10 the adding, modifying, and deleting of measures as policies and 123.11 circumstances change; 123.12 (5) a public reporting system that aligns conceptually and 123.13 in practice with the information needs of local school districts 123.14 and contains measures that local communities and schools can 123.15 influence; 123.16 (6) reports of performance information that ensure all 123.17 students' privacy and confidentiality; 123.18 (7) student performance indicators that contain clearly 123.19 articulated standards of student performance and have broad 123.20 community support; 123.21 (8) reports of educational performance that reflect current 123.22 results and trends over time; 123.23 (9) a reporting system that reduces and consolidates the 123.24 existing reporting burden on school districts by better using 123.25 existing information and building on current data reporting 123.26 systems at the state and district levels; and 123.27 (10) a reporting system that is managed in a nonpartisan 123.28 and highly competent manner to ensure the public's use and 123.29 confidence and minimizes the reporting burden on school 123.30 districts. To the extent the statewide educational 123.31 accountability and reporting system does not include a 123.32 comprehensive, performance-based assessment framework that makes 123.33 schools accountable for students achieving the goals described 123.34 in the state's high school graduation rule, or does not provide 123.35 useful comparative and contextual data on students, schools, 123.36 districts, and the state, the office shall recommend to the 124.1 legislature ways to improve the accountability and reporting 124.2 system. 124.3 (b) When the office reviews the statewide educational 124.4 accountability and reporting system, it shall also: 124.5 (1) consider the objectivity and neutrality of the state's 124.6 educational accountability system; 124.7 (2) develop strong relationships with other policy actors 124.8 and with leaders outside government; and 124.9 (3) consider the impact of a high stakes testing program on 124.10 school curriculum and student learning. 124.11 (c) A technical quality review advisory panel is 124.12 established to assist the office of educational accountability 124.13 in clearly articulating the criteria for judging the statewide 124.14 education accountability and reporting system. Among other 124.15 things, the criteria shall measure the extent to which the 124.16 system: 124.17 (1) creates intended and unintended consequences; 124.18 (2) is fairly administered; 124.19 (3) evaluates the desired and appropriate complex 124.20 intellectual processes; 124.21 (4) is relevant and meaningful to teachers, students, and 124.22 parents; 124.23 (5) evaluates skills that are transferable; 124.24 (6) is cost-efficient; and 124.25 (7) is comprehensive in its coverage of content. 124.26 Panel members shall include psychometricians and other 124.27 experts in the field of student assessment, an elementary school 124.28 teacher employed in a state public school, a secondary school 124.29 teacher employed in a state public school, a curriculum and 124.30 instruction director employed in a state public school, and a 124.31 local public school administrator. Panel members are appointed 124.32 by and serve at the pleasure of the speaker of the house, the 124.33 house minority leader, the majority leader of the senate, and 124.34 the senate minority leader. Panel members shall receive 124.35 compensation according to section 15.059, subdivision 3. 124.36 (d) The office of educational accountability shall report 125.1 at least biennially by November 1 preceding the first year of 125.2 the state's biennial legislative session to the education 125.3 committees of the legislature on the status of the statewide 125.4 system of educational accountability. 125.5 Sec. 9. Minnesota Statutes 1996, section 121.1115, is 125.6 amended by adding a subdivision to read: 125.7 Subd. 1c. [CLEARINGHOUSE OF BEST EDUCATIONAL PRACTICES; 125.8 DIRECTOR.] (a) To provide practical, effective assistance to 125.9 schools with academically at-risk students, a clearinghouse of 125.10 best educational practices is established to make available to 125.11 interested school districts human and informational resources 125.12 for improving student performance. The clearinghouse shall: 125.13 (1) conduct research and collect information on the best 125.14 educational practices affecting a school's management, 125.15 operation, financing, personnel, and instruction; 125.16 (2) train quality intervention teams composed of highly 125.17 qualified educators to assist a school's staff in working to 125.18 improve the educational performance of academically at-risk 125.19 students by addressing a school's management, operation, 125.20 financing, personnel, and instruction practices; 125.21 (3) develop and make available to interested school 125.22 districts a model for an independent educational audit that 125.23 evaluates a school's performance strengths and weaknesses and 125.24 makes specific recommendations for reinforcing performance 125.25 strengths and improving performance weaknesses cited in the 125.26 audit; 125.27 (4) using the comprehensive, performance-based assessment 125.28 framework under subdivision 1b, paragraph (a), and with the 125.29 assistance of the office of educational accountability, develop 125.30 student and school performance indicators schools may use to 125.31 reliably measure school improvement over time; and 125.32 (5) provide staff development opportunities to assist 125.33 teachers and other educators in integrating educational reform 125.34 measures into a school's best practices. 125.35 The clearinghouse shall assist school districts under this 125.36 subdivision at district request. 126.1 (b) The office of educational accountability, in 126.2 consultation with organizations representing the state's 126.3 kindergarten through grade 12 public school teachers, shall 126.4 appoint a licensed kindergarten through grade 12 teacher as 126.5 director of the clearinghouse. The director shall receive a 126.6 one-year sabbatical leave to serve as clearinghouse director and 126.7 may receive additional one-year sabbatical leaves for this 126.8 purpose. 126.9 Sec. 10. Minnesota Statutes 1996, section 125.191, is 126.10 amended to read: 126.11 125.191 [LICENSE AND DEGREE EXEMPTION FOR HEAD COACH.] 126.12 Notwithstanding section 125.03, subdivision 1, a school 126.13 district may employ as a head varsity coach of an 126.14 interscholastic sport at its secondary school a person who does 126.15 not have a license as head varsity coach of interscholastic 126.16 sports and who does not have a bachelor's degree if: 126.17 (1) in the judgment of the school board, the person has the 126.18 knowledge and experience necessary to coach the sport; 126.19 (2)the position has been posted as a vacancy within the126.20present teaching staff for a period of 30 days and no licensed126.21coaches have applied for the position;126.22(3) the personcan verify completion of six quarter 126.23 credits, or the equivalent, or 60 clock hours of instruction in 126.24 first aid and the care and prevention of athletic injuries; and 126.25(4) the person(3) can verify completion of a coaching 126.26 methods or theory course. 126.27 Notwithstanding section 125.121, a person employed as a 126.28 head varsity coach under this section has an annual contract as 126.29 a coach that the school board may or may not renew as the board 126.30 sees fit, after annually posting the position as required in126.31clause (2) and no licensed coach has applied for the position. 126.32 Sec. 11. [126.238] [ACCELERATED INSTRUCTION FOR HIGH 126.33 SCORING STUDENTS.] 126.34 Every district shall provide accelerated instruction to all 126.35 enrolled elementary and secondary students who score three 126.36 standard deviations above the norm on a standardized achievement 127.1 test. Each high scoring student shall have a written 127.2 accelerated learning plan developed by an accelerated learning 127.3 plan team that includes the student's teachers, parents, and 127.4 school counselor and may include other qualified educators and 127.5 the student if the student is a secondary school student. The 127.6 plan shall state the educational outcomes the student will work 127.7 to achieve, indicating the curricular content of the educational 127.8 outcomes and the instructional strategies to be used in 127.9 providing curricula. Cost to the school district may be among 127.10 the factors the team considers in choosing how to provide the 127.11 accelerated instruction contained in the student's plan. The 127.12 school district shall make the final decision about the contents 127.13 of a plan. Plan contents shall be consistent with and enhance 127.14 the requirements of the state's results-oriented high school 127.15 graduation rule. The accelerated learning plan of each 127.16 secondary student shall provide for a transition from secondary 127.17 school to post-secondary education, employment, or community 127.18 service. The district shall evaluate a student's success in 127.19 achieving the educational outcomes stated in the accelerated 127.20 learning plan and the contents of the plan at least once per 127.21 school year. School districts with a small number of high 127.22 scoring students may cooperate with other districts in providing 127.23 the students with sufficient opportunities for accelerated 127.24 instruction as stated in the student's accelerated learning plan. 127.25 Sec. 12. Minnesota Statutes 1996, section 260.015, 127.26 subdivision 19, is amended to read: 127.27 Subd. 19. [HABITUAL TRUANT.] "Habitual truant" means a 127.28 child under the age of 16 years who is absent from attendance at 127.29 school without lawful excuse for seven school days if the child 127.30 is in elementary school or for one or more class periods on 127.31 seven school days if the child is in middle school, junior high 127.32 school, or high school, or a child who is 16 or 17 years of age 127.33 who is absent from attendance at school without lawful excuse 127.34 for one or more class periods on seven school days and who has 127.35 not lawfully withdrawn from school under section 120.101, 127.36 subdivision 5d. 128.1 Sec. 13. Minnesota Statutes 1996, section 260.132, 128.2 subdivision 4, is amended to read: 128.3 Subd. 4. [TRUANT.] When a peace officer or probation 128.4 officer has probable cause to believe that a child iscurrently128.5under age 16subject to compulsory instruction requirements 128.6 under section 120.101, subdivisions 5 and 5d, and is absent from 128.7 school without lawful excuse, the officer may transport the 128.8 child to the child's home and deliver the child to the custody 128.9 of the child's parent or guardian, transport the child to the 128.10 child's school of enrollment and deliver the child to the 128.11 custody of a school superintendent or teacher or transport the 128.12 child to a truancy service center under section 260A.04, 128.13 subdivision 3. 128.14 Sec. 14. Laws 1997, First Special Session chapter 4, 128.15 article 5, section 24, subdivision 4, is amended to read: 128.16 Subd. 4. [GRANT AWARDS.] A school district or any group of 128.17 districts may receive a grant in the amount of $25 per pupil per 128.18 year.The grant recipient must match one local dollar for every128.19state dollar received. The local match may include in kind128.20contributions.In awarding grants, the commissioner shall 128.21 consider which students will benefit most from these programs. 128.22 No grant recipient shall use the grant award to supplant 128.23 existing funding for gifted and talented programs. 128.24 Sec. 15. Laws 1997, First Special Session chapter 4, 128.25 article 5, section 28, subdivision 4, is amended to read: 128.26 Subd. 4. [ADVANCED PLACEMENT AND INTERNATIONAL 128.27 BACCALAUREATE PROGRAMS.] For the state advanced placement and 128.28 international baccalaureate programs: 128.29 $1,875,000 ..... 1998 128.30 $1,875,000 ..... 1999 128.31 Notwithstanding Minnesota Statutes, section 126.239, 128.32 subdivisions 1 and 2, $200,000 each year is for teachers to 128.33 attend subject matter summer training programs and follow-up 128.34 support workshops approved by the advanced placement or 128.35 international baccalaureate programs. The amount of the subsidy 128.36 for each teacher attending an advanced placement or 129.1 international baccalaureate summer training program or workshop 129.2 shall be the same. The commissioner shall determine the payment 129.3 process and the amount of the subsidy. 129.4 Notwithstanding Minnesota Statutes, section 126.239, 129.5 subdivision 3, in each year to the extent of available 129.6 appropriations, the commissioner shall pay all examination fees 129.7 for all students sitting for an advanced placement examination, 129.8 international baccalaureate examination, or both. If this 129.9 amount is not adequate, the commissioner may pay less than the 129.10 full examination fee. 129.11 $300,000 each year is for student scholarships. A student 129.12 scholarship shall be awarded to a student scoring three or 129.13 better on one or more advanced placement examinations or a four 129.14 or better on one or more international baccalaureate 129.15 examinations. The amount of each scholarship shall range from 129.16$150$75 to $500 based on the student's score on the exams. The 129.17 scholarships shall be awarded only to students who are enrolled 129.18 in a Minnesota public or private college or university. The 129.19 total amount of each scholarship shall be paid directly to the 129.20 student's designated college or university and must be used by 129.21 the student only for tuition, required fees, and books in 129.22 nonsectarian courses or programs. The higher education services 129.23 office, in consultation with the commissioner, shall determine 129.24 the payment process, the amount of the scholarships, and 129.25 provisions for unused scholarships. 129.26 In order to be eligible to receive advanced placement or 129.27 international baccalaureate scholarships on behalf of the 129.28 qualifying students, the college or university must have an 129.29 advanced placement, international baccalaureate, or both, credit 129.30 and placement policy for the scholarship recipients. In 129.31 addition, each college or university must certify these policies 129.32 to the department each year. The department must provide each 129.33 secondary school in the state with a copy of the post-secondary 129.34 advanced placement and international baccalaureate policies each 129.35 year. 129.36 $375,000 each year is for teacher stipends. A teacher who 130.1 teaches an advanced placement or international baccalaureate 130.2 course shall receive a stipend for each student in that 130.3 teacher's course who receives a three or better on the advanced 130.4 placement or a four or better on the international baccalaureate 130.5 examination that covers the subject matter of the course. The 130.6 commissioner shall determine the payment process and the amount 130.7 of the teacher stipend ranging from $25 to $50 for each student 130.8 receiving a qualifying score. 130.9 A stipend awarded to a teacher under this subdivision shall 130.10 not be a mandatory subject of bargaining under Minnesota 130.11 Statutes, chapter 179A, or any other law and shall not be a term 130.12 or condition of employment. The amount of any award shall be 130.13 final and shall not be subject to review by an arbitrator 130.14 through any grievance or other process or by a court through any 130.15 appeal process. 130.16 Any balance in the first year does not cancel but is 130.17 available in the second year. 130.18 Sec. 16. Laws 1997, First Special Session chapter 4, 130.19 article 5, section 28, subdivision 9, is amended to read: 130.20 Subd. 9. [COLLABORATIVE URBAN EDUCATOR PROGRAMS.] For 130.21 grants to collaborative urban educator programs that prepare and 130.22 license people of color to teach: 130.23 $895,000 ..... 1998 130.24 $150,000 ..... 1999 130.25 This appropriation is available until June 30, 1999. 130.26 Sec. 17. [RULE REVISION.] 130.27 The state board of education shall amend or repeal those 130.28 portions of Minnesota Rules, parts 3501.0010 to 3501.0180, 130.29 necessary to conform with the basic skills testing requirements 130.30 in reading and mathematics under Minnesota Statutes, section 130.31 121.1113, subdivision 1. 130.32 Sec. 18. [EXEMPTION.] 130.33 Any contract entered into during the 1996-1997 school year 130.34 authorizing a charter school under Minnesota Statutes, section 130.35 120.064, subdivision 5, is exempt from the amended requirements 130.36 of Minnesota Statutes, section 120.064, subdivision 11, only as 131.1 long as the sponsor of the charter school finds and can 131.2 adequately demonstrate to the state board of education that the 131.3 charter school continues without interruption to satisfactorily 131.4 meet all its performance outcomes. If either the charter school 131.5 sponsor or the state board of education determines that the 131.6 charter school under this section is not satisfactorily meeting 131.7 one or more of its performance outcomes, the amended 131.8 requirements of Minnesota Statutes, section 120.064, subdivision 131.9 11, apply to that charter school. 131.10 Sec. 19. [REPORT ON COOPERATIVE SPONSORSHIPS.] 131.11 A school district shall immediately transmit to the 131.12 commissioner of children, families, and learning information 131.13 about each decision to deny a home school a cooperative 131.14 sponsorship under state high school league rules or to otherwise 131.15 deny a home school student an opportunity to participate in the 131.16 district's extracurricular activities. The school district 131.17 shall transmit the information in the form and manner the 131.18 commissioner requires. The commissioner shall prepare an 131.19 interim written report by February 1, 1999, and a final written 131.20 report by February 1, 2000, for the speaker of the house, the 131.21 senate majority leader, and the chairs of the house and senate 131.22 education committees detailing by school district the instances 131.23 when a school district denies a home school a cooperative 131.24 sponsorship or a home school student an opportunity to 131.25 participate in an extracurricular activity and the district 131.26 rationale for the denial. 131.27 Sec. 20. [YEAR-ROUND SCHOOL/EXTENDED WEEK OR DAY PILOT 131.28 PROGRAM.] 131.29 (a) Consistent with the terms for receiving program grants 131.30 under Laws 1995, First Special Session chapter 3, article 7, 131.31 section 4, as amended by Laws 1996, chapter 412, article 7, 131.32 section 13, independent school district No. 241, Albert Lea, is 131.33 eligible to receive additional grant funding for its year-round 131.34 school/extended week or day pilot program. 131.35 (b) The commissioner of children, families, and learning, 131.36 with the assistance of independent school district No. 241, 132.1 Albert Lea, shall evaluate the efficacy of the district's 132.2 program and submit a report to the education committees of the 132.3 legislature by February 1, 2001. The commissioner shall include 132.4 in the report sufficient information to permit other school 132.5 districts to readily replicate the program if the commissioner 132.6 determines that the program is successful. 132.7 Sec. 21. [COUNSELOR ASSESSMENT.] 132.8 The department of children, families, and learning, in 132.9 consultation with affected groups, shall conduct an assessment 132.10 of the need for expanding the number of counselors in school 132.11 districts. As part of the assessment, the department shall 132.12 consider recommended ratios and the costs of meeting these, 132.13 alternative strategies for collaboration to provide counseling 132.14 services to pupils especially in small districts, mechanisms to 132.15 strengthen collaboration between school districts and local 132.16 colleges and universities in providing information and 132.17 experience to pupils, and suggestions for meeting the needs of 132.18 pupils for counseling that is focused on academic and career 132.19 needs and planning. The department shall report its findings 132.20 and recommendations to the education committees of the house and 132.21 senate as part of its 2000-2001 biennial budget request. 132.22 Sec. 22. [YOUTH ATHLETIC DEMONSTRATION PROGRAM.] 132.23 (a) A demonstration athletic grant program through special 132.24 school district No. 1, Minneapolis, and the Minneapolis park and 132.25 recreation board is established for children ages seven to 14 at 132.26 Waite Park school. The goal of the demonstration program is to 132.27 develop a neighborhood-based athletic program that teaches 132.28 sports fundamentals to students that will lead to their 132.29 participation in high school level athletics. The program shall 132.30 be year-round and shall require both in-school and after-school 132.31 participation by students. A student who satisfactorily 132.32 completes the program curriculum shall receive secondary course 132.33 credit and the credit shall count towards the student's 132.34 graduation requirements consistent with Minnesota Statutes, 132.35 section 126.83. 132.36 (b) The program shall be established at Waite Park school 133.1 in Minneapolis where the school facility and park and recreation 133.2 facility are jointly located and where the school district has 133.3 established a neighborhood-based school for enrollment 133.4 purposes. The school district and the park and recreation board 133.5 shall recruit at-risk students and those students who have not 133.6 participated in current after-school park programs to 133.7 participate in the demonstration project. 133.8 (c) The program funds shall be used for recreational 133.9 professionals at the park board to coordinate the program and 133.10 licensed teachers employed in the district; internships for 133.11 students at the University of Minnesota, Augsburg College, or 133.12 other post-secondary institutions to work in the program; master 133.13 coaches to train coaches; transportation costs; facilities' 133.14 costs; and assistance to neighborhood park athletic councils. 133.15 (d) The school district and the park board shall report to 133.16 the commissioner of children, families, and learning on the 133.17 outcome of the program. Up to $10,000 of the appropriation in 133.18 section 30 may be used for the planning of a multipurpose 133.19 community education and recreation center at a northeast park 133.20 adjacent to a northeast school. The commissioner shall report 133.21 to the education committees of the legislature on the program 133.22 and the advisability of creating a statewide program by March 133.23 15, 1999. 133.24 Sec. 23. [RESIDENTIAL ACADEMY PROGRAM.] 133.25 Subdivision 1. [PUBLIC GRANT RECIPIENT.] The commissioner 133.26 of children, families, and learning may award grants to a public 133.27 organization for start-up costs for residential academies for 133.28 students in grades 4 through 12 who express a desire to attend a 133.29 residential academy that provides a secure and nurturing 133.30 learning environment, have demonstrated an interest in learning 133.31 and a potential for academic achievement, and who: 133.32 (1) perform or are at risk of performing below the academic 133.33 performance level for pupils of the same age; 133.34 (2) are at least one year behind in satisfactorily 133.35 completing coursework or obtaining credits for graduation; or 133.36 (3) have experienced homelessness or an unstable home 134.1 environment. 134.2 Subd. 2. [ORGANIZATIONAL STRUCTURE.] The public grant 134.3 recipient may collaborate with other organizations in effecting 134.4 this subdivision. 134.5 (a) Enrollment is voluntary. A student may be referred to 134.6 an academy by a parent or guardian, the student's county of 134.7 residence, the student's school, health care provider, or the 134.8 judicial system. 134.9 (b) A residential academy must provide an education program 134.10 for the resident students to: 134.11 (1) increase school attendance; 134.12 (2) increase academic achievement; 134.13 (3) enable secondary students to earn a high school 134.14 diploma; and 134.15 (4) improve for secondary students the transition to 134.16 post-secondary education or the transition from school to work. 134.17 The academy may collaborate with a school district or 134.18 charter school to provide the education program. 134.19 (c) To the extent allowed in law, education and social 134.20 services funding shall follow each child from the child's school 134.21 district or county of residence to the academy. 134.22 (d) The cost of residential care for a student may be 134.23 covered under a sliding fee program based on student need. 134.24 (e) An academy may receive any gift, grant, bequest, or 134.25 devise. 134.26 (f) The commissioner of children, families, and learning 134.27 shall prescribe the form and manner of applications. The 134.28 commissioner shall consider the academy's location, the 134.29 composition of the academy's governance structure and board, 134.30 collaborative effort among various organizations, family and 134.31 community involvement, provision of social services, quality of 134.32 education program, after-school enrichment, and provision of 134.33 instruction throughout the entire year in awarding grants. The 134.34 commissioner shall evaluate the residential academy program and 134.35 report to the education committees of the legislature by 134.36 February 15, 2000. 135.1 Sec. 24. [SARTELL; SCHOOL YEAR START DATE.] 135.2 Notwithstanding Minnesota Statutes, section 126.12, 135.3 subdivision 1, and Laws 1997, First Special Session chapter 4, 135.4 article 7, section 49, subdivision 1, independent school 135.5 district No. 748, Sartell, may begin the 1998-1999 school year 135.6 before Labor Day only by the number of days necessary to 135.7 accommodate the district building construction project. 135.8 Sec. 25. [HOLDINGFORD; SCHOOL YEAR START DATE.] 135.9 Notwithstanding Minnesota Statutes, section 126.12, 135.10 subdivision 1, and Laws 1997, First Special Session chapter 4, 135.11 article 7, section 49, subdivision 1, independent school 135.12 district No. 738, Holdingford, may begin the 1998-1999 school 135.13 year on the Monday prior to Labor Day. 135.14 Sec. 26. [COMMISSIONER OF CHILDREN, FAMILIES, AND 135.15 LEARNING.] 135.16 The commissioner of children, families, and learning shall 135.17 designate a staff member as a resource person for gifted and 135.18 talented programs to provide assistance to parents and school 135.19 districts. The commissioner shall pay all costs for that staff 135.20 member out of existing department appropriations. 135.21 Sec. 27. [RESIDENCY REQUIREMENT.] 135.22 The downtown Minneapolis magnet school that is part of the 135.23 western metropolitan education program may enroll in the magnet 135.24 school only those otherwise qualified students who reside within 135.25 one of the nine participating school districts. No student 135.26 residing in any other district and participating in a program 135.27 under Minnesota Statutes, section 120.062, may enroll in the 135.28 magnet school. 135.29 Sec. 28. [TASK FORCE ON KINDERGARTEN THROUGH GRADE 12 135.30 EDUCATION GOVERNANCE STRUCTURE.] 135.31 Subdivision 1. [ESTABLISHMENT; PURPOSE.] A task force on 135.32 kindergarten through grade 12 education governance structure is 135.33 established to examine alternatives for governing the state's 135.34 kindergarten through grade 12 education system. 135.35 Subd. 2. [MEMBERSHIP.] The task force shall consist of 15 135.36 members. The department of children, families, and learning 136.1 shall provide staff support for task force activities. Task 136.2 force members, appointed by the panel under subdivision 3, must 136.3 include five people directly involved in public education, five 136.4 people who represent state or local governments, and five people 136.5 who are public members, including parents, business leaders, 136.6 labor leaders, and others who have demonstrated a commitment to 136.7 excellence in Minnesota public schools. Membership terms and 136.8 removal are governed by Minnesota Statutes, section 15.059. 136.9 Subd. 3. [PANEL.] A panel, composed of one person 136.10 appointed by the governor, one person appointed by the speaker 136.11 of the house of representatives, and one person appointed by the 136.12 subcommittee on committees of the senate committee on rules and 136.13 administration, shall appoint the members of the task force. 136.14 The panel shall consider gender and geographical and racial 136.15 diversity in making the appointments. The commissioner of 136.16 children, families, and learning shall convene the first meeting 136.17 of the panel. The panel must make the first appointments to the 136.18 task force by July 15, 1998. 136.19 Subd. 4. [TASK FORCE ACTIVITIES.] The task force shall 136.20 examine alternatives for governing the state's kindergarten 136.21 through grade 12 education system by considering at least the 136.22 following: 136.23 (1) the roles of the legislature, governor's office, state 136.24 board of education, and the commissioner of children, families, 136.25 and learning in making statewide policy and administrative 136.26 decisions affecting kindergarten through grade 12 education; 136.27 (2) the extent to which the current structure of regional 136.28 and local government units, including service units, education 136.29 districts, school districts, city councils, and county boards, 136.30 promotes or inhibits intergovernmental collaboration; 136.31 (3) how to facilitate broad-based collaboration between 136.32 schools and state and county-based social service agencies 136.33 serving the same or similar populations of children and 136.34 families; and 136.35 (4) how to best accommodate changing educational needs and 136.36 demands. 137.1 Subd. 5. [REPORT.] The task force shall submit a report of 137.2 its findings and recommendations to the chairs of the education 137.3 committees in the house and the senate by February 15, 1999. 137.4 Subd. 6. [EXPIRATION.] The task force expires on June 1, 137.5 1999. 137.6 Sec. 29. [RECOMMENDATIONS ON A CENTRAL DEPOSITORY OF 137.7 EMPLOYMENT DATA.] 137.8 Subdivision 1. [WORKING GROUP.] The commissioner of 137.9 children, families, and learning shall convene a working group 137.10 to recommend data management policies and appropriate organizing 137.11 structures and operational practices for a central depository of 137.12 data containing licensing and employment information about 137.13 elementary and secondary school teachers employed in Minnesota 137.14 school districts. The purpose of the depository is to help 137.15 protect K-12 students and their teachers. The working group 137.16 must include one representative from each of the following 137.17 organizations: the state board of teaching; the teacher 137.18 licensing division in the department of children, families, and 137.19 learning; the Minnesota school boards association; the Minnesota 137.20 education association; the Minnesota federation of teachers; the 137.21 public information policy analysis division of the state 137.22 department of administration; the association of school 137.23 personnel administrators; the Minnesota association of school 137.24 business officials; and any other groups the commissioner 137.25 determines are relevant. By February 1, 1999, the commissioner 137.26 shall submit the group's recommendations concerning establishing 137.27 and operating a central depository of teachers' employment data, 137.28 including recommended statutory changes, to the education 137.29 committees of the legislature. The commissioner shall convene 137.30 the working group beginning June 15, 1998. 137.31 Subd. 2. [ISSUES TO RESOLVE.] In recommending how to 137.32 establish and operate a central depository of teachers' 137.33 employment data, the working group must address at least the 137.34 following: 137.35 (1) whether the state board of teaching or other state 137.36 entity is the most appropriate depository of employment-related 138.1 data; 138.2 (2) what kinds of state and local employment-related data 138.3 on elementary and secondary school teachers should be gathered 138.4 and stored; 138.5 (3) what mechanisms should be developed for reporting state 138.6 and school district data on teachers to ensure that stored data 138.7 are timely and accurate; 138.8 (4) what policies should be adopted to ensure the integrity 138.9 and privacy of the data; 138.10 (5) what policies should govern the access of individuals 138.11 and organizations to the data, including the release of 138.12 personnel data to prospective employers; 138.13 (6) what should be the extent of liability and immunity 138.14 from liability for individuals and organizations that release 138.15 data; and 138.16 (7) other related matters affecting the collecting, 138.17 accessing, or releasing of data and the need to protect students 138.18 and teachers. 138.19 Sec. 30. [APPROPRIATION; BOARD OF REGENTS.] 138.20 $500,000 is appropriated in fiscal year 1999 from the 138.21 general fund to the board of regents of the University of 138.22 Minnesota for the purposes of Minnesota Statutes, section 138.23 121.1115, subdivisions 1b and 1c. 138.24 Sec. 31. [APPROPRIATIONS.] 138.25 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 138.26 LEARNING.] The sums indicated in this section are appropriated 138.27 from the general fund to the department of children, families, 138.28 and learning for the fiscal years designated. 138.29 Subd. 2. [REMOTE SITE CONSULTING SERVICES; MINNESOTA 138.30 LEARNING RESOURCE CENTER.] To expand attention and reading 138.31 readiness programs and providing remote site consulting services: 138.32 $ 150,000 ..... 1999 138.33 This appropriation is available to the New Visions program 138.34 for two purposes: a grant for remote-site consulting services 138.35 for replicating charter school No. 4011, New Visions program at 138.36 two other school sites; and neurophysiological models, including 139.1 Boost-Up, EEG neurofeedback, developmental optometry, and 139.2 auditory stimulation for assessing, treating, and teaching 139.3 children with learning problems to improve their attention 139.4 skills, classroom behavior, and academic performance, to acquire 139.5 the space and technology needed to establish and equip the 139.6 Minnesota learning resource center. 139.7 Subd. 3. [NONTRADITIONAL CAREERS FOR GIRLS AND WOMEN.] (a) 139.8 For grants to organizations for programs that encourage and 139.9 assist girls and women to enter nontraditional careers in the 139.10 trades and in manual and technical occupations: 139.11 $ 20,000 ..... 1999 139.12 The appropriation is available until June 30, 1999. 139.13 (b) To be eligible for a grant under this section, a 139.14 program must include outreach to girls and women through public 139.15 and private elementary, junior high, and high schools, 139.16 appropriate community organizations that work directly with 139.17 girls and women, or existing state and county employment and 139.18 training programs. The outreach must consist of general 139.19 information concerning opportunities for women in the trades, 139.20 manual, and technical occupations, including specific fields 139.21 where worker shortage exists, and specific information about 139.22 training programs offered. The outreach must also include 139.23 mentoring and hands-on opportunities for girls to learn about 139.24 nontraditional careers. The outreach may include printed or 139.25 recorded information, presentations to girls and women, or 139.26 ongoing contact with the appropriate staff. 139.27 Subd. 4. [STUDY ON ENCOURAGING SCHOOL DISTRICTS TO ACCEPT 139.28 ACADEMICALLY AT-RISK STUDENTS UNDER OPEN ENROLLMENT.] For 139.29 developing recommendations on how the state's open enrollment 139.30 program under Minnesota Statutes, section 120.062, can be 139.31 amended to encourage school districts that limit open enrollment 139.32 of nonresident students to give priority to accepting at-risk 139.33 nonresident students: 139.34 $ 20,000 ..... 1999 139.35 The commissioner shall include in the recommendations, 139.36 among other things: a definition of at-risk student; an 140.1 incentive for encouraging school districts to accept nonresident 140.2 at-risk students, including accepting a minimum number of such 140.3 students from a single attendance area; a mechanism for 140.4 transporting the students to the nonresident school district; a 140.5 process for providing timely, useful, and accessible information 140.6 to families of at-risk students; a method for ensuring that 140.7 nonresident at-risk students receive ongoing student counseling 140.8 services while attending the nonresident school district; and a 140.9 funding structure to accommodate the recommendations. The 140.10 commissioner shall present the written recommendations by 140.11 February 1, 1999, to the education committees of the legislature. 140.12 Subd. 5. [YEAR-ROUND SCHOOL/EXTENDED WEEK OR DAY PILOT 140.13 PROGRAM.] For independent school district No. 241, Albert Lea, 140.14 for an additional year-round school/extended week or day pilot 140.15 program grant under section 20: 140.16 $ 60,000 ..... 1999 140.17 The appropriation is available until June 30, 2000. 140.18 Subd. 6. [UNLIMITED POSSIBILITIES PLAN.] For a grant to a 140.19 nonprofit agency representing the private alternative schools: 140.20 $ 100,000 ..... 1999 140.21 The purpose of the grant is to support the Unlimited 140.22 Possibilities Plan to assist student transition from secondary 140.23 school to college or gainful employment including mentoring 140.24 programs, post-secondary training, career exploration, and 140.25 placement services. The grant recipient must match state funds 140.26 with an equal amount of funds raised from nonpublic sources. 140.27 This appropriation does not cancel but is available until 140.28 June 30, 2000. 140.29 Subd. 7. [MINNESOTA COUNCIL ON ECONOMIC EDUCATION.] For a 140.30 grant to the Minnesota Council on Economic Education to provide 140.31 staff development to teachers for implementing of the state 140.32 graduation standards in learning areas relating to economic 140.33 education: 140.34 $ 200,000 ..... 1999 140.35 The commissioner and the council must develop the expected 140.36 results of the staff development, the eligible participants, the 141.1 evaluation plan, and the amount of direct and in-kind 141.2 contributions of the council. 141.3 Subd. 8. [YOUTH ATHLETIC DEMONSTRATION PROGRAM.] For a 141.4 grant to special school district No. 1, Minneapolis, and the 141.5 Minneapolis park and recreation board to establish a youth 141.6 athletic demonstration program under section 22: 141.7 $ 100,000 ..... 1999 141.8 Subd. 9. [MODEL DISTANCE LEARNING GRANT; LAKE OF THE 141.9 WOODS.] For a grant to independent school district No. 390, Lake 141.10 of the Woods, for developing a model distance learning program: 141.11 $ 250,000 ..... 1999 141.12 The model program must address students' curriculum needs 141.13 for vocational programs, advanced collegiate level courses, 141.14 gifted and talented programming, programming for students with 141.15 disabilities, and other areas of programming made more difficult 141.16 because of the school district's geographic isolation. 141.17 Subd. 10. [SCHOOL RESTRUCTURING GRANT.] For a school 141.18 restructuring grant to a nonstate organization to develop 141.19 systemic site decision-making models and implement systemic site 141.20 decision-making in school districts: 141.21 $ 500,000 ..... 1999 141.22 Sec. 32. [REPEALER.] 141.23 (a) Minnesota Statutes 1996, section 126.12, is repealed. 141.24 (b) Minnesota Statutes 1997 Supplement, section 135A.081, 141.25 is repealed. 141.26 Sec. 33. [EFFECTIVE DATES.] 141.27 (a) Consistent with the requirements in Minnesota Statutes, 141.28 section 123.34, subdivision 9, sections 1 and 2 are effective 141.29 for superintendents' contracts negotiated to apply beginning the 141.30 first day of instruction for the 1998-1999 school year and 141.31 thereafter. 141.32 (b) Sections 3, 4, 5, 7, 11, 12, 13, 14, and 18 are 141.33 effective for the 1998-1999 school year and thereafter. 141.34 (c) Sections 19, 20, 22, 23, 28, and 32, paragraph (b), are 141.35 effective the day following final enactment. 141.36 (d) Section 32, paragraph (a), is effective for the 142.1 2000-2001 school year and thereafter. 142.2 ARTICLE 6 142.3 EDUCATION POLICY ISSUES 142.4 Section 1. Minnesota Statutes 1997 Supplement, section 142.5 124.2601, subdivision 3, is amended to read: 142.6 Subd. 3. [REVENUEAID.] Adult basic educationrevenueaid 142.7 for each approved program equals 65 percent of the general 142.8 education formula allowance times the number of full-time 142.9 equivalent students in its adult basic education program. 142.10 Sec. 2. Minnesota Statutes 1997 Supplement, section 142.11 124.2601, subdivision 6, is amended to read: 142.12 Subd. 6. [AID GUARANTEE.](a) For fiscal year 1994, any142.13adult basic education program that receives less state aid under142.14subdivisions 3 and 7 than from the aid formula for fiscal year142.151992 shall receive the amount of aid it received in fiscal year142.161992.142.17(b) For 1995, 1996, and 1997 fiscal years, an adult basic142.18education program that receives aid shall receive at least the142.19amount of aid it received in fiscal year 1992 under subdivisions142.203 and 7, plus aid equal to the amount of revenue that would have142.21been raised for taxes payable in 1994 under Minnesota Statutes142.221992, section 124.2601, subdivision 4, minus the amount raised142.23under subdivision 4.142.24(c)For fiscal year 1998, any adult basic education program 142.25 that receives less state aid than in fiscal year 1997 shall 142.26 receive additional aid equal to 80 percent of the difference 142.27 between its 1997 aid and the amount of aid under Minnesota 142.28 Statutes 1997 Supplement, section 124.2601, subdivision 5. For 142.29 fiscal year 1999and later, additional aid under this 142.30 paragraphmust be reduced by 20 percent each yearequals 80 142.31 percent of the additional aid computed for fiscal year 1998. 142.32 For fiscal year 2000, the additional aid under this paragraph 142.33 equals 60 percent of the additional aid computed for fiscal year 142.34 1998. For fiscal year 2001, the additional aid under this 142.35 paragraph equals 40 percent of the additional aid computed for 142.36 fiscal year 1998. For fiscal year 2002, the additional aid 143.1 under this paragraph equals 20 percent of the additional aid 143.2 computed for fiscal year 1998. For fiscal year 2003 and later, 143.3 the additional aid under this paragraph equals zero. 143.4 Sec. 3. Minnesota Statutes 1997 Supplement, section 143.5 124.2711, subdivision 2a, is amended to read: 143.6 Subd. 2a. [EARLY CHILDHOOD FAMILY EDUCATION LEVY.] To 143.7 obtain early childhood family education revenue, a district may 143.8 levy an amount equal to the tax rate of.653.45 percent times 143.9 the adjusted tax capacity of the district for the year preceding 143.10 the year the levy is certified. If the amount of the early 143.11 childhood family education levy would exceed the early childhood 143.12 family education revenue, the early childhood family education 143.13 levy shall equal the early childhood family education revenue. 143.14 Sec. 4. Minnesota Statutes 1997 Supplement, section 143.15 124.2713, subdivision 6, is amended to read: 143.16 Subd. 6. [COMMUNITY EDUCATION LEVY.] To obtain community 143.17 education revenue, a district may levy the amount raised by a 143.18 tax rate of1.09.41 percent times the adjusted net tax capacity 143.19 of the district. If the amount of the community education levy 143.20 would exceed the community education revenue, the community 143.21 education levy shall be determined according to subdivision 6a. 143.22 Sec. 5. Minnesota Statutes 1996, section 124.2713, 143.23 subdivision 6a, is amended to read: 143.24 Subd. 6a. [COMMUNITY EDUCATION LEVY; DISTRICTS OFF THE 143.25 FORMULA.] If the amount of the community education levy for a 143.26 district exceeds the district's community education revenue, the 143.27 amount of the community education levy is limited tothe sum of:143.28(1)the district's community education revenue according to 143.29 subdivision 1; plus. 143.30(2) the amount of the aid reduction for the same fiscal143.31year according to subdivision 6b.143.32For purposes of statutory cross-reference, a levy made143.33according to this subdivision is the levy made according to143.34subdivision 6.143.35 Sec. 6. Minnesota Statutes 1996, section 124.646, 143.36 subdivision 4, is amended to read: 144.1 Subd. 4. [SCHOOL FOOD SERVICE FUND.] (a) The expenses 144.2 described in this subdivision must be recorded as provided in 144.3 this subdivision. 144.4 (b) In each school district, the expenses for a school food 144.5 service program for pupils must be attributed to a school food 144.6 service fund. Under a food service program, the school food 144.7 service may prepare or serve milk, meals, or snacks in 144.8 connection with school or community service activities. 144.9 (c) Revenues and expenditures for food service activities 144.10 must be recorded in the food service fund. The costs of 144.11 processing applications, accounting for meals, preparing and 144.12 serving food, providing kitchen custodial services, and other 144.13 expenses involving the preparing of meals or the kitchen section 144.14 of the lunchroom may be charged to the food service fund or to 144.15 the general fund of the district. The costs of lunchroom 144.16 supervision, lunchroom custodial services, lunchroom utilities, 144.17 and other administrative costs of the food service program must 144.18 be charged to the general fund. 144.19 That portion of superintendent and fiscal manager costs 144.20 that can be documented as attributable to the food service 144.21 program may be charged to the food service fund provided that 144.22 the school district does not employ or contract with a food 144.23 service director or other individual who manages the food 144.24 service program, or food service management company. If the 144.25 cost of the superintendent or fiscal manager is charged to the 144.26 food service fund, the charge must be at a wage rate not to 144.27 exceed the statewide average for food service directors as 144.28 determined by the department of children, families, and learning. 144.29 (d) Capital expenditures for the purchase of food service 144.30 equipment must be made from thecapitalgeneral fund and not the 144.31 food service fund, unless two conditions apply: 144.32 (1) the unreserved balance in the food service fund at the 144.33 end of the last fiscal year is greater than the cost of the 144.34 equipment to be purchased; and 144.35 (2) the department of children, families, and learning has 144.36 approved the purchase of the equipment. 145.1 (e) If the two conditions set out in paragraph (d) apply, 145.2 the equipment may be purchased from the food service fund. 145.3 (f) If a deficit in the food service fund exists at the end 145.4 of a fiscal year, and the deficit is not eliminated by revenues 145.5 from food service operations in the next fiscal year, then the 145.6 deficit must be eliminated by a permanent fund transfer from the 145.7 general fund at the end of that second fiscal year. However, if 145.8 a district contracts with a food service management company 145.9 during the period in which the deficit has accrued, the deficit 145.10 must be eliminated by a payment from the food service management 145.11 company. 145.12 (g) Notwithstanding paragraph (f), a district may incur a 145.13 deficit in the food service fund for up to three years without 145.14 making the permanent transfer if the district submits to the 145.15 commissioner by January 1 of the second fiscal year a plan for 145.16 eliminating that deficit at the end of the third fiscal year. 145.17 (h) If a surplus in the food service fund exists at the end 145.18 of a fiscal year for three successive years, a district may 145.19 recode for that fiscal year the costs of lunchroom supervision, 145.20 lunchroom custodial services, lunchroom utilities, and other 145.21 administrative costs of the food service program charged to the 145.22 general fund according to paragraph (c) and charge those costs 145.23 to the food service fund in a total amount not to exceed the 145.24 amount of surplus in the food service fund. 145.25 Sec. 7. Minnesota Statutes 1997 Supplement, section 145.26 124.6475, is amended to read: 145.27 124.6475 [SUMMER FOOD SERVICE REPLACEMENT AID.] 145.28 States funds are available to compensate 145.29 department-approved summer food program sponsors for reduced 145.30 federal operating reimbursement rates under Public Law Number 145.31 104-193, the federal summer food service program. A sponsor is 145.32 eligible for summer food service replacement aid equal to the 145.33 sum of the following amounts: 145.34 (1) for breakfast service,subtract the current year145.35maximum reimbursement rate from the 1996 maximum reimbursement145.36rate and multiply the result by the number of breakfasts the146.1district servedup to four cents per breakfast served by the 146.2 sponsor during the currentschoolprogram year; 146.3 (2) for lunch or supper service,subtract the current year146.4maximum reimbursement rate from the 1996 maximum reimbursement146.5rate and multiply the result by the number of lunches and146.6suppers the district servedup to 14 cents per lunch or supper 146.7 served by the sponsor during the currentschoolprogram year; 146.8 and 146.9 (3) for supplement service,subtract the current year146.10maximum reimbursement rate from the 1996 maximum reimbursement146.11rate and multiply the result by the number ofup to ten cents 146.12 per supplementmealsserved by thedistrict servedsponsor 146.13 during the currentschoolprogram year. 146.14 Sec. 8. Minnesota Statutes 1997 Supplement, section 146.15 124.648, subdivision 3, is amended to read: 146.16 Subd. 3. [PROGRAM GUIDELINES; DUTIES OF THE COMMISSIONER.] 146.17 (a) The commissioner shall: 146.18 (1) encourage all districts to participate in the school 146.19 milk program for kindergartners; 146.20 (2) prepare program guidelines, not subject to chapter 14 146.21 until July 1, 1998, which will effectively and efficiently 146.22 distribute appropriated and donated money to participating 146.23 districts; and 146.24 (3) seek donations and matching funds from appropriate 146.25 private and public sources. 146.26 (b) Program guidelines may provide for disbursement to 146.27 districts through a mechanism of prepayments or by reimbursement 146.28 for approved program expenses. 146.29(c) It is suggested that the benefits of the school milk146.30program may reach the largest number of kindergarten students if146.31districts are allowed to submit annual bids stating the146.32per-serving level of support that would be acceptable to the146.33district for their participation in the program. The146.34commissioner would review all bids received and approve bids in146.35sufficient number and value to maximize the provision of milk to146.36kindergarten students consistent with available funds.147.1 Sec. 9. Minnesota Statutes 1997 Supplement, section 147.2 124.916, subdivision 2, is amended to read: 147.3 Subd. 2. [RETIRED EMPLOYEE HEALTH BENEFITS.]For taxes147.4payable in 1996, 1997, 1998, and 1999 onlyEach year, a school 147.5 district may levy an amount up to the amount the district is 147.6 required by the collective bargaining agreement in effect on 147.7 March 30, 1992, to pay for health insurance or unreimbursed 147.8 medical expenses for licensed and nonlicensed employees who have 147.9 terminated services in the employing district and withdrawn from 147.10 active teaching service or other active service, as applicable, 147.11 before July 1, 1992. The total amount of the levy each year may 147.12 not exceed $300,000. 147.13 Sec. 10. Minnesota Statutes 1996, section 124A.292, 147.14 subdivision 3, is amended to read: 147.15 Subd. 3. [STAFF DEVELOPMENT LEVY.] A district's levy 147.16 equalsits revenue times the lesser of one or the ratio of:147.17(1) the quotient derived by dividing the district's147.18adjusted net tax capacity for the year before the year the levy147.19is certified by the district's actual pupil units for the school147.20year to which the levy is attributable, to147.21(2) the equalizing factor for the school year to which the147.22levy is attributablethe number of teachers at the site times 147.23 $8.15. 147.24 Sec. 11. Laws 1997, First Special Session chapter 4, 147.25 article 6, section 20, subdivision 4, is amended to read: 147.26 Subd. 4. [SCHOOL LUNCH AND FOOD STORAGE AID.] (a) For 147.27 school lunch aid according to Minnesota Statutes, section 147.28 124.646, and Code of Federal Regulations, title 7, section 147.29 210.17, and for food storage and transportation costs for United 147.30 States Department of Agriculture donated commodities; and for a 147.31 temporary transfer to the commodity processing revolving fund to 147.32 provide cash flow to permit schools and other recipients of 147.33 donated commodities to take advantage of volume processing rates 147.34 and for school milk aid according to Minnesota Statutes, section 147.35 124.648: 147.36 $7,254,000 ..... 1998 148.1$7,254,000$7,770,000 ..... 1999 148.2 (b) Any unexpended balance remaining from the 148.3 appropriations in this subdivision shall be prorated among 148.4 participating schools based on the number of free, reduced, and 148.5 fully paid federally reimbursable student lunches served during 148.6 that school year. 148.7 (c) If the appropriation amount attributable to either year 148.8 is insufficient, the rate of payment for each fully paid student 148.9 lunch shall be reduced and the aid for that year shall be 148.10 prorated among participating schools so as not to exceed the 148.11 total authorized appropriation for that year. 148.12 (d) Any temporary transfer processed in accordance with 148.13 this subdivision to the commodity processing fund will be 148.14 returned by June 30 in each year so that school lunch aid and 148.15 food storage costs can be fully paid as scheduled. 148.16 (e) Not more than $800,000 of the amount appropriated each 148.17 year may be used for school milk aid. 148.18 (f) The commissioner may reduce other future aid and grant 148.19 payments due to school districts and other organizations for the 148.20 costs of processing and storage of commodities used by the 148.21 district or organization. 148.22 Sec. 12. [SCHOOL CROSSING GUARDS LEVY; HASTINGS.] 148.23 In addition to other levies, independent school district No. 148.24 200, Hastings, may levy up to $55,000 for school crossing guards 148.25 each year. 148.26 Sec. 13. [FUND TRANSFERS; REVENUE USES.] 148.27 Subdivision 1. [USE OF BOND PROCEEDS; ST. 148.28 CLOUD.] Notwithstanding Minnesota Statutes, section 475.58, 148.29 subdivision 4, independent school district No. 742, St. Cloud, 148.30 upon passage of a written resolution specifying the amount and 148.31 purpose of the expenditure, may expend up to $800,000 from its 148.32 building construction fund to purchase a building and site to be 148.33 used for community education purposes. 148.34 Subd. 2. [RESERVED ACCOUNT TRANSFER; 148.35 LYND.] Notwithstanding Minnesota Statutes, sections 121.912 and 148.36 121.9121, on June 30, 1998, independent school district No. 415, 149.1 Lynd, may permanently transfer up to $100,000 from reserve 149.2 accounts in the general fund to the unreserved general fund. 149.3 The transfer may be made from the reemployment account and the 149.4 bus purchase account. Transfers from the reemployment account 149.5 may be made without making a levy reduction. 149.6 Subd. 3. [HEALTH AND SAFETY REVENUE; MOUNDS VIEW.] 149.7 Notwithstanding Minnesota Statutes, section 124.83, subdivision 149.8 6, independent school district No. 621, Mounds View, is 149.9 authorized to use up to $300,000 of its health and safety 149.10 revenue to replace portable classrooms with new construction of 149.11 classrooms. 149.12 Subd. 4. [HEALTH AND SAFETY; ADA-BORUP.] Notwithstanding 149.13 Minnesota Statutes, section 124.83, subdivision 6, independent 149.14 school district No. 2854, Ada-Borup, may use up to $90,000 of 149.15 its health and safety revenue for capital improvements, 149.16 equipment, or furnishings for new facilities. 149.17 Subd. 5. [HEALTH AND SAFETY; EVELETH-GILBERT.] 149.18 Notwithstanding any law to the contrary, independent school 149.19 district No. 2154, Eveleth-Gilbert, may include in its health 149.20 and safety program the amounts necessary to make health and 149.21 safety improvements to an ice arena located within the district 149.22 boundaries. The total amount of revenue approved for this 149.23 purpose shall not exceed $300,000. 149.24 Sec. 14. [OSSEO LEVY.] 149.25 For taxes payable in 1999 only, independent school district 149.26 No. 279, Osseo, may levy a tax in an amount not to exceed 149.27 $800,000. The proceeds of this levy must be used to provide 149.28 instructional services for at-risk children. 149.29 Sec. 15. [APPROPRIATIONS.] 149.30 Subdivision 1. [DEPARTMENT OF CHILDREN, FAMILIES, AND 149.31 LEARNING.] The sums indicated in this section are appropriated 149.32 from the general fund to the department of children, families, 149.33 and learning for the fiscal years designated. 149.34 Subd. 2. [HISTORY EDUCATION.] (a) For grants to develop 149.35 and sustain historical educational programming and curriculum 149.36 designed primarily for elementary and secondary school students: 150.1 $ 180,000 ..... 1999 150.2 (b) Of the amount appropriated in paragraph (a), $90,000 is 150.3 for a grant to Murphy's landing living history village for its 150.4 educational programs including education tours, outreach 150.5 programs, and immersion camps and $90,000 is for a grant to 150.6 Ironworld for its historical education programs. 150.7 (c) This appropriation shall be included in the education 150.8 base budget estimates for the 2000-2001 biennium. 150.9 Subd. 3. [MEDIA SPECIALIST.] For a media specialist for 150.10 independent school district No. 707, Nett Lake: 150.11 $ 34,000 ..... 1999 150.12 Sec. 16. [REPEALER.] 150.13 (a) Minnesota Statutes 1997 Supplement, section 124.2601, 150.14 subdivision 4, is repealed. 150.15 (b) Minnesota Statutes 1997 Supplement, section 124.2601, 150.16 subdivision 5, is repealed effective July 1, 1999. 150.17 (c) Minnesota Statutes 1996, section 124.2713, subdivision 150.18 6b, is repealed effective for taxes payable in 1999 and revenue 150.19 for fiscal year 2000. 150.20 (d) Minnesota Statutes 1996, section 124A.292, subdivisions 150.21 2 and 4, are repealed effective for revenue for fiscal year 2000. 150.22 (e) Laws 1997, chapter 231, article 1, section 17, is 150.23 repealed effective the day following final enactment. 150.24 (f) Minnesota Statutes 1996, section 124.647, is repealed. 150.25 Sec. 17. [EFFECTIVE DATE.] 150.26 (a) Sections 11 and 13 are effective the day following 150.27 final enactment. 150.28 (b) Sections 2, 3, 4, 6 to 10, and 14 are effective July 1, 150.29 1998. 150.30 (c) Section 1 is effective July 1, 1999. 150.31 (d) Section 5 is effective for revenue for fiscal year 2000. 150.32 ARTICLE 7 150.33 LIBRARIES 150.34 Section 1. Laws 1997, First Special Session chapter 4, 150.35 article 8, section 4, subdivision 3, is amended to read: 150.36 Subd. 3. [BOARD; APPOINTMENTS.] The resolution in 151.1 subdivision 2 shall provide for a library board offiveseven 151.2 members as follows: two members appointed by the school board 151.3 of independent school district No. 319, one member appointed by 151.4 each town board located within independent school district No. 151.5 319 boundaries, one member appointed by the council of the city 151.6 of Nashwauk, and one member appointed by the Itasca county board 151.7 to represent the unorganized towns within the school district 151.8 territory. 151.9 Sec. 2. [DATABASE ACCESS PROGRAM FOR PUBLIC LIBRARIES AND 151.10 SCHOOL MEDIA CENTERS.] 151.11 Subdivision 1. [ESTABLISHMENT.] The commissioner of 151.12 children, families, and learning shall establish a program to 151.13 provide statewide licenses to commercial electronic databases of 151.14 periodicals, encyclopedias, and associated reference materials 151.15 for school media centers and public libraries. The 151.16 commissioner, in consultation with Minitex and in cooperation 151.17 with the Library Planning Task Force, shall solicit proposals 151.18 for access licenses to commercial vendors of the databases. 151.19 Responses to those proposals shall be evaluated by staff of the 151.20 office of library development and services in the department of 151.21 children, families, and learning, Minitex staff, and a 151.22 representative panel of school media specialists and public 151.23 librarians. 151.24 Subd. 2. [ELIGIBILITY.] Access to the selected databases 151.25 shall be made available to a school or school district that is a 151.26 member of a multicounty, multitype library system as defined in 151.27 Minnesota Statutes, section 134.001, subdivision 6, or a public 151.28 library as defined in Minnesota Statutes, section 134.001, 151.29 subdivision 2, that is a member of a multicounty, multitype 151.30 library system. With appropriate authentication any user of an 151.31 eligible library may have access to the databases from a remote 151.32 site. 151.33 Sec. 3. [APPROPRIATION; DEPARTMENT OF CHILDREN, FAMILIES, 151.34 AND LEARNING.] 151.35 Subdivision 1. [APPROPRIATIONS.] The sums indicated in 151.36 this section are appropriated from the general fund to the 152.1 department of children, families, and learning for the fiscal 152.2 years designated. 152.3 Subd. 2. [REGIONAL LIBRARY SYSTEMS.] For regional library 152.4 systems: 152.5 $250,000 ..... 1999 152.6 The money must be divided equally among the 12 regional public 152.7 library systems established under Minnesota Statutes, section 152.8 134.20, for use in providing library services. 152.9 Subd. 3. [LIBRARY FOR THE BLIND; APPROPRIATION.] For the 152.10 purchase and installation of online catalog software for the 152.11 Minnesota library for the blind and physically handicapped: 152.12 $60,000 ..... 1999 152.13 Subd. 4. [DATABASE ACCESS PROGRAM.] For establishing a 152.14 database access program for public libraries and school media 152.15 centers under section 2: 152.16 $1,200,000 ..... 1999 152.17 Subd. 5. [METRONET.] To the metropolitan multitype library 152.18 consortium for copying and making available to the 11 greater 152.19 Minnesota regional public library systems and the St. Paul and 152.20 Minneapolis libraries, through the Minnesota Center for the 152.21 Book, a series of video cassette tapes of interviews with 152.22 Minnesota authors, for the production and programming costs of 152.23 the northern lights cable program on which the Minnesota authors 152.24 are interviewed, and for operating costs the consortium incurs 152.25 as a result of this provision: 152.26 $40,000 ..... 1999 152.27 Libraries that receive a copy of the series shall make the 152.28 video cassettes readily available to teachers and other members 152.29 of the public interested in learning about the work and lives of 152.30 Minnesota authors. 152.31 ARTICLE 8 152.32 STATE AGENCIES 152.33 Section 1. Laws 1997, First Special Session chapter 4, 152.34 article 10, section 3, subdivision 2, is amended to read: 152.35 Subd. 2. [DEPARTMENT.] For the department of children, 152.36 families, and learning: 153.1 $24,360,000 ..... 1998 153.2$23,978,000$24,178,000 ..... 1999 153.3 (a) Any balance in the first year does not cancel but is 153.4 available in the second year. 153.5 (b) $21,000 each year is from the trunk highway fund. 153.6 (c) $622,000 in 1998 and $627,000 in 1999 is for the 153.7 academic excellence foundation. 153.8 Up to $50,000 each year is contingent upon the match of $1 153.9 in the previous year from private sources consisting of either 153.10 direct monetary contributions or in-kind contributions of 153.11 related goods or services, for each $1 of the appropriation. 153.12 The commissioner of children, families, and learning must 153.13 certify receipt of the money or documentation for the private 153.14 matching funds or in-kind contributions. The unencumbered 153.15 balance from the amount actually appropriated from the 153.16 contingent amount in 1998 does not cancel but is available in 153.17 1999. The amount carried forward must not be used to establish 153.18 a larger annual base appropriation for later fiscal years. 153.19 (d) $207,000 in 1998 and $210,000 in 1999 is for the state 153.20 board of education. 153.21 (e) $230,000 in 1998 and $234,000 in 1999 is for the board 153.22 of teaching. 153.23 (f) The expenditures of federal grants and aids as shown in 153.24 the biennial budget document and its supplements are approved 153.25 and appropriated and shall be spent as indicated. 153.26 (g) The department of children, families, and learning 153.27 shall develop a performance report on the quality of its 153.28 programs and services. The report must be consistent with the 153.29 process specified in Minnesota Statutes, sections 15.90 to 153.30 15.92. The goals, objectives, and measures of this report must 153.31 be developed in cooperation with the chairs of the finance 153.32 divisions of the education committees of the house of 153.33 representatives and senate, the department of finance, and the 153.34 office of legislative auditor. The report must include data to 153.35 indicate the progress of the department in meeting its goals and 153.36 objectives. 154.1 (h) At least $50,000 is to ensure compliance with state and 154.2 federal laws prohibiting discrimination because of race, 154.3 religion, or sex. The department shall use the appropriation to 154.4 provide state-level leadership on equal education opportunities 154.5 which promote elimination of discriminatory practices in the 154.6 areas of race, religion, and sex in public schools and public 154.7 educational agencies under its general supervision and on 154.8 activities including, at least, compliance monitoring and 154.9 voluntary compliance when local school district deficiencies are 154.10 found. 154.11 (i) Notwithstanding Minnesota Statutes, section 15.53, 154.12 subdivision 2, the commissioner of children, families, and 154.13 learning may contract with a school district for a period no 154.14 longer than five consecutive years to work in the development or 154.15 implementation of the graduation rule. The commissioner may 154.16 contract for services and expertise as necessary. The contracts 154.17 are not subject to Minnesota Statutes, sections 16B.06 to 16B.08. 154.18 (j) In preparing the department budget for fiscal years 154.19 2000-2001, the department shall shift all administrative funding 154.20 from aids appropriations into the appropriation for the 154.21 department. 154.22 (k) Reallocations of excesses under Minnesota Statutes, 154.23 section 124.14, subdivision 7, from appropriations within this 154.24 act shall only be made to deficiencies in programs with 154.25 appropriations contained within this act. 154.26 (l) $850,000 each year is for litigation costs and may only 154.27 be used for those purposes. These appropriations are one-time 154.28 only. 154.29 (m) $200,000 in fiscal year 1999 is for mediation expenses 154.30 associated with school funding lawsuits filed against the state. 154.31 (n) Collaborative efforts between the department of 154.32 children, families, and learning and the office of technology, 154.33 as specified in Minnesota Statutes, section 237A.015, include: 154.34 (1) advising the commissioner of children, families, and 154.35 learning on new and emerging technologies, potential business 154.36 partnerships, and technical standards; 155.1 (2) assisting the commissioner of children, families, and 155.2 learning in the sharing of data between state agencies relative 155.3 to children's programs; and 155.4 (3) as requested by the commissioner of children, families, 155.5 and learning, assisting in collaborative efforts for joint 155.6 prekindergarten through grade 12 and higher education projects, 155.7 including the learning network. 155.8 The commissioner of children, families, and learning shall have 155.9 final approval for prekindergarten through grade 12 programs and 155.10 lifelong learning programs, grant awards, and funding decisions. 155.11 Sec. 2. Laws 1997, First Special Session chapter 4, 155.12 article 10, section 4, is amended to read: 155.13 Sec. 4. [APPROPRIATIONS; LOLA AND RUDY PERPICH MINNESOTA 155.14 CENTER FOR ARTS EDUCATION.] 155.15 The sums indicated in this section are appropriated from 155.16 the general fund to the center for arts education for the fiscal 155.17 years designated: 155.18$5,541,000$5,559,000 ..... 1998 155.19$6,054,000$6,120,000 ..... 1999 155.20 Of the fiscal year 1998 appropriation, $154,000 is to fund 155.21 artist and arts organization participation in the education 155.22 residency and education technology projects, $75,000 is for 155.23 school support for the residency project, and $121,000 is for 155.24 further development of the partners: arts and school for 155.25 students (PASS) program, including pilots. Of the fiscal year 155.26 1999 appropriation, $154,000 is to fund artist and arts 155.27 organizations participation in the education residency project, 155.28 $75,000 is for school support for the residency project,and155.29 $121,000 is to fund the PASS program, including additional 155.30 pilots, and $30,000 is to enhance the implementation of the 155.31 graduation rule and profile of learning for students attending 155.32 the center for arts education. The guidelines for the education 155.33 residency project and the pass program shall be developed and 155.34 defined by the center for arts education in cooperation with the 155.35 Minnesota arts board. The Minnesota arts board shall 155.36 participate in the review and allocation process. The center 156.1 for arts education and the Minnesota arts board shall cooperate 156.2 to fund these projects. 156.3 Any balance in the first year does not cancel but is 156.4 available in the second year. 156.5 Sec. 3. Laws 1997, First Special Session chapter 4, 156.6 article 10, section 5, is amended to read: 156.7 Sec. 5. [APPROPRIATIONS; FARIBAULT ACADEMIES.] 156.8 The sums indicated in this section are appropriated from 156.9 the general fund to the department of children, families, and 156.10 learning for the Faribault academies for the fiscal years 156.11 designated: 156.12$8,910,000$8,949,000 ..... 1998 156.13$8,908,000$8,986,000 ..... 1999 156.14 Any balance in the first year does not cancel but is 156.15 available in the second year. 156.16 In the next biennial budget, the academies must assess 156.17 their progress in meeting the established performance measures 156.18 for the Faribault academies and inform the legislature on the 156.19 content of that assessment. The information must include an 156.20 assessment of its progress by consumers and employees. 156.21 Sec. 4. [EFFECTIVE DATE.] 156.22 Sections 1 to 3 are effective the day following final 156.23 enactment.