HF 3317

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; amending and repealing unneeded 
  1.3             and obsolete education provisions; amending Minnesota 
  1.4             Statutes 2000, sections 120B.11, subdivision 5; 
  1.5             121A.15, as amended; 121A.55; 122A.09, subdivision 6; 
  1.6             122A.15; 122A.22; 122A.40, subdivisions 5, 8; 122A.58, 
  1.7             subdivision 1; 122A.60, subdivision 1; 122A.68, 
  1.8             subdivisions 1, 7; 122A.69; 122A.70, subdivision 2; 
  1.9             122A.91; 122A.92; 123A.06, subdivision 1; 123B.02, 
  1.10            subdivision 1; 123B.04, subdivision 5; 123B.147; 
  1.11            123B.43; 123B.49, subdivision 1; 123B.51, subdivisions 
  1.12            1, 5; 123B.83, subdivision 1; 123B.90, subdivision 2; 
  1.13            124D.02, subdivision 1; 124D.09, subdivisions 5, 6; 
  1.14            124D.10, subdivisions 1, 6; 124D.115, subdivision 3; 
  1.15            124D.118, subdivisions 2, 3; 124D.37; 124D.40, 
  1.16            subdivision 2; 124D.41; 124D.42, subdivision 7; 
  1.17            124D.46, subdivision 1; 124D.47, subdivision 2; 
  1.18            124D.50, subdivisions 2, 3; 124D.65, subdivision 6; 
  1.19            124D.892, as amended; 124D.94, subdivision 4; 125B.05, 
  1.20            subdivisions 1, 2; 127A.05, subdivision 3; 127A.06; 
  1.21            127A.41, subdivision 7; Minnesota Statutes 2001 
  1.22            Supplement, section 129C.10, subdivision 3; repealing 
  1.23            Minnesota Statutes 2000, sections 121A.03, subdivision 
  1.24            3; 121A.16; 122A.19, subdivision 2; 122A.32; 122A.40, 
  1.25            subdivision 6; 122A.52; 122A.53; 122A.71; 122A.72; 
  1.26            122A.75; 123A.15, subdivision 1; 123A.35; 123A.36; 
  1.27            123A.37; 123A.38; 123A.39, subdivisions 1, 2, 4; 
  1.28            123A.40; 123A.41, subdivisions 1, 4; 123A.43; 123B.02, 
  1.29            subdivisions 5, 9, 10, 13; 123B.15; 123B.16; 123B.17; 
  1.30            123B.18; 123B.19; 123B.744; 123B.95, subdivision 3; 
  1.31            124D.02, subdivision 4; 124D.06; 124D.081, subdivision 
  1.32            1; 124D.118, subdivision 1; 124D.47, subdivision 1; 
  1.33            124D.91; 124D.92; 124D.93, subdivisions 2, 3, 6; 
  1.34            125B.02; 127A.41, subdivision 4.  
  1.35  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.36                             ARTICLE 1 
  1.37                     CURRICULUM AND ASSESSMENT 
  1.38     Section 1.  Minnesota Statutes 2000, section 120B.11, 
  1.39  subdivision 5, is amended to read: 
  1.40     Subd. 5.  [REPORT.] (a) By October 1 of each year, the 
  2.1   school board shall use standard statewide reporting procedures 
  2.2   the commissioner develops and adopt a report that includes the 
  2.3   following: 
  2.4      (1) student performance goals for meeting state graduation 
  2.5   standards adopted for that year; 
  2.6      (2) results of local assessment data, and any additional 
  2.7   test data; 
  2.8      (3) the annual school district improvement plans; 
  2.9      (4) information about district and learning site progress 
  2.10  in realizing previously adopted improvement plans; and 
  2.11     (5) the amount and type of revenue attributed to each 
  2.12  education site as defined in section 123B.04. 
  2.13     (b) The school board shall publish the report in the local 
  2.14  newspaper with the largest circulation in the district or by 
  2.15  mail.  The board shall make a copy of the report available to 
  2.16  the public for inspection.  The board shall send a copy of the 
  2.17  report to the commissioner of children, families, and learning 
  2.18  by October 15 of each year. 
  2.19     (c) The title of the report shall contain the name and 
  2.20  number of the school district and read "Annual Report on 
  2.21  Curriculum, Instruction, and Student Performance."  The report 
  2.22  must include at least the following information about advisory 
  2.23  committee membership: 
  2.24     (1) the name of each committee member and the date when 
  2.25  that member's term expires; 
  2.26     (2) the method and criteria the school board uses to select 
  2.27  committee members; and 
  2.28     (3) the date by which a community resident must apply to 
  2.29  next serve on the committee. 
  2.30                             ARTICLE 2 
  2.31           STUDENT RIGHTS, RESPONSIBILITIES, AND BEHAVIOR 
  2.32     Section 1.  Minnesota Statutes 2000, section 121A.15, as 
  2.33  amended by Laws 2001, chapter 9, article 1, sections 24, 25, and 
  2.34  62, is amended to read: 
  2.35     121A.15 [HEALTH STANDARDS; IMMUNIZATIONS; SCHOOL CHILDREN.] 
  2.36     Subdivision 1.  Except as provided in subdivisions 3, 4, 
  3.1   and 10, no person over two months old may be allowed to enroll 
  3.2   or remain enrolled in any elementary or secondary school or 
  3.3   child care facility in this state until the person has submitted 
  3.4   to the administrator or other person having general control and 
  3.5   supervision of the school or child care facility, one of the 
  3.6   following statements: 
  3.7      (1) a statement from a physician or a public clinic which 
  3.8   provides immunizations an immunization provider stating that the 
  3.9   person has received immunization, consistent with medically 
  3.10  acceptable standards, against measles after having attained the 
  3.11  age of 12 months, rubella, diphtheria, tetanus, pertussis, 
  3.12  polio, mumps, haemophilus influenza type b, and hepatitis B; or 
  3.13     (2) a statement from a physician or a public clinic which 
  3.14  provides immunizations an immunization provider stating that the 
  3.15  person has received immunizations, consistent with medically 
  3.16  acceptable standards, against measles after having attained the 
  3.17  age of 12 months, rubella, mumps, and haemophilus influenza type 
  3.18  b and that the person has commenced a schedule of immunizations 
  3.19  for diphtheria, tetanus, pertussis, polio, and hepatitis B and 
  3.20  which indicates the month and year of each immunization received.
  3.21     Subd. 2.  [SCHEDULE OF IMMUNIZATIONS.] No person who has 
  3.22  commenced a treatment schedule of immunization pursuant to 
  3.23  subdivision 1, clause (2), may remain enrolled in any child care 
  3.24  facility, elementary, or secondary school in this state after 18 
  3.25  months of enrollment unless there is submitted to the 
  3.26  administrator, or other person having general control and 
  3.27  supervision of the school or child care facility, a statement 
  3.28  from a physician or a public clinic which provides immunizations 
  3.29  an immunization provider's statement that the person has 
  3.30  completed the primary schedule of immunizations for diphtheria, 
  3.31  tetanus, pertussis, polio, and hepatitis B.  The statement must 
  3.32  include the month, day, and year of each additional immunization 
  3.33  received.  For a child less than seven years of age, a primary 
  3.34  schedule of immunizations shall consist of four doses of vaccine 
  3.35  for diphtheria, tetanus, and pertussis and three doses of 
  3.36  vaccine for poliomyelitis and hepatitis B.  For a child seven 
  4.1   years of age or older, a primary schedule of immunizations shall 
  4.2   consist of three doses of vaccine for diphtheria, tetanus, 
  4.3   polio, and hepatitis B, as specified in subdivision 10. 
  4.4      Subd. 3.  [EXEMPTIONS FROM IMMUNIZATIONS.] (a) If a person 
  4.5   is at least seven years old and has not been immunized against 
  4.6   pertussis, the person must not be required to be immunized 
  4.7   against pertussis. 
  4.8      (b) If a person is at least 18 years old and has not 
  4.9   completed a series of immunizations against poliomyelitis, the 
  4.10  person must not be required to be immunized against 
  4.11  poliomyelitis.  
  4.12     (c) If a statement, signed by a physician, is submitted to 
  4.13  the administrator or other person having general control and 
  4.14  supervision of the school or child care facility stating that an 
  4.15  immunization is contraindicated for medical reasons or that 
  4.16  laboratory confirmation of the presence of adequate immunity 
  4.17  exists, the immunization specified in the statement need not be 
  4.18  required.  
  4.19     (d) If a notarized statement signed by the minor child's 
  4.20  parent or guardian or by the emancipated person is submitted to 
  4.21  the administrator or other person having general control and 
  4.22  supervision of the school or child care facility stating that 
  4.23  the person has not been immunized as prescribed in subdivision 1 
  4.24  because of the conscientiously held beliefs of the parent or 
  4.25  guardian of the minor child or of the emancipated person, the 
  4.26  immunizations specified in the statement shall not be required.  
  4.27  This statement must also be forwarded to the commissioner of the 
  4.28  department of health.  
  4.29     (e) If the person is under 15 months, the person is not 
  4.30  required to be immunized against measles, rubella, or mumps. 
  4.31     (f) If a person is at least five years old and has not been 
  4.32  immunized against haemophilus influenza type b, the person is 
  4.33  not required to be immunized against haemophilus influenza type 
  4.34  b. 
  4.35     Subd. 3a.  [DISCLOSURES REQUIRED.] (a) This paragraph 
  4.36  applies to any written information about immunization 
  5.1   requirements for enrollment in a school or child care facility 
  5.2   that is provided: 
  5.3      (1) is provided to a person to be immunized or enrolling or 
  5.4   enrolled in a school or child care facility, or to the person's 
  5.5   parent or guardian if the person is under 18 years of age and 
  5.6   not emancipated; and 
  5.7      (2) is provided by the department of health; the department 
  5.8   of children, families, and learning; the department of human 
  5.9   services; an immunization provider; or a school or child care 
  5.10  facility.  
  5.11  Such written information must describe the exemptions from 
  5.12  immunizations permitted under subdivision 3, paragraphs (c) and 
  5.13  (d).  The information on exemptions from immunizations provided 
  5.14  according to this paragraph must be in a font size at least 
  5.15  equal to the font size of the immunization requirements, in the 
  5.16  same font style as the immunization requirements, and on the 
  5.17  same page of the written document as the immunization 
  5.18  requirements. 
  5.19     (b) Before immunizing a person, an immunization provider 
  5.20  must provide the person, or the person's parent or guardian if 
  5.21  the person is under 18 years of age and not emancipated, with 
  5.22  the following information in writing:  
  5.23     (1) a list of the immunizations required for enrollment in 
  5.24  a school or child care facility; 
  5.25     (2) a description of the exemptions from immunizations 
  5.26  permitted under subdivision 3, paragraphs (c) and (d); 
  5.27     (3) a list of additional immunizations currently 
  5.28  recommended by the commissioner; and 
  5.29     (4) in accordance with federal law, a copy of the vaccine 
  5.30  information sheet from the federal Department of Health and 
  5.31  Human Services that lists possible adverse reactions to the 
  5.32  immunization to be provided.  
  5.33     Subd. 4.  [SUBSTITUTE IMMUNIZATION STATEMENT.] (a) A person 
  5.34  who is enrolling or enrolled in an elementary or secondary 
  5.35  school or child care facility may substitute a statement from 
  5.36  the emancipated person or a parent or guardian if the person is 
  6.1   a minor child in lieu of the statement from a physician or 
  6.2   public clinic which provides immunizations an immunization 
  6.3   provider.  If the statement is from a parent or guardian or 
  6.4   emancipated person, the statement must indicate the month and 
  6.5   year of each immunization given. 
  6.6      (b) In order for the statement to be acceptable for a 
  6.7   person who is enrolling in an elementary school and who is six 
  6.8   years of age or younger, it must indicate that the following was 
  6.9   given:  no less than one dose of vaccine each for measles, 
  6.10  mumps, and rubella given separately or in combination; no less 
  6.11  than four doses of vaccine for poliomyelitis, unless the third 
  6.12  dose was given after the fourth birthday, then three doses are 
  6.13  minimum; no less than five doses of vaccine for diphtheria, 
  6.14  tetanus, and pertussis, unless the fourth dose was given after 
  6.15  the fourth birthday, then four doses are minimum; and no less 
  6.16  than three doses of vaccine for hepatitis B as specified in 
  6.17  subdivision 10.  
  6.18     (c) In order for the statement to be consistent with 
  6.19  subdivision 10 and acceptable for a person who is enrolling in 
  6.20  an elementary or secondary school and is age seven through age 
  6.21  19, the statement must indicate that the person has received no 
  6.22  less than one dose of vaccine each for measles, mumps, and 
  6.23  rubella given separately or in combination, and no less than 
  6.24  three doses of vaccine for poliomyelitis, diphtheria, tetanus, 
  6.25  and hepatitis B.  
  6.26     (d) In order for the statement to be acceptable for a 
  6.27  person who is enrolling in a secondary school, and who was born 
  6.28  after 1956 and is 20 years of age or older, the statement must 
  6.29  indicate that the person has received no less than one dose of 
  6.30  vaccine each for measles, mumps, and rubella given separately or 
  6.31  in combination, and no less than one dose of vaccine for 
  6.32  diphtheria and tetanus within the preceding ten years. 
  6.33     (e) In order for the statement to be acceptable for a 
  6.34  person who is enrolling in a child care facility and who is at 
  6.35  least 15 months old but who has not reached five years of age, 
  6.36  it must indicate that the following were given:  no less than 
  7.1   one dose of vaccine each for measles, mumps, and rubella given 
  7.2   separately or in combination; no less than one dose of vaccine 
  7.3   for haemophilus influenza type b; no less than four doses of 
  7.4   vaccine for diphtheria, tetanus, and pertussis; and no less than 
  7.5   three doses of vaccine for poliomyelitis. 
  7.6      (f) In order for the statement to be acceptable for a 
  7.7   person who is enrolling in a child care facility and who is five 
  7.8   or six years of age, it must indicate that the following was 
  7.9   given:  no less than one dose of vaccine each for measles, 
  7.10  mumps, and rubella given separately or in combination; no less 
  7.11  than four doses of vaccine for diphtheria, tetanus, and 
  7.12  pertussis; and no less than three doses of vaccine for 
  7.13  poliomyelitis. 
  7.14     (g) In order for the statement to be acceptable for a 
  7.15  person who is enrolling in a child care facility and who is 
  7.16  seven years of age or older, the statement must indicate that 
  7.17  the person has received no less than one dose of vaccine each 
  7.18  for measles, mumps, and rubella given separately or in 
  7.19  combination, and consistent with subdivision 10, and no less 
  7.20  than three doses of vaccine for poliomyelitis, diphtheria, and 
  7.21  tetanus.  
  7.22     (h) The commissioner of health, on finding that any of the 
  7.23  above requirements are not necessary to protect the public's 
  7.24  health, may suspend for one year that requirement.  
  7.25     Subd. 5.  [TRANSFER OF IMMUNIZATION STATEMENTS.] If a 
  7.26  person transfers from one elementary or secondary school to 
  7.27  another, the school board of a public school district or the 
  7.28  administrator of a nonpublic school may allow the person up to a 
  7.29  maximum of 30 days to submit one or more of the statements as 
  7.30  specified in subdivision 1 or 3, during which time the person 
  7.31  may enroll in and attend the school.  If a person enrolls in a 
  7.32  child care facility in which at least 75 percent of children in 
  7.33  the facility participate on a one-time only or occasional basis 
  7.34  to a maximum of 45 hours per child, per month, or is placed in a 
  7.35  facility by a crisis nursery, the person shall be exempt from 
  7.36  all requirements of this section for up to five consecutive 
  8.1   days, starting from the first day of attendance. 
  8.2      Subd. 7.  [FILE ON IMMUNIZATION RECORDS.] Each school or 
  8.3   child care facility shall maintain on file immunization records 
  8.4   for all persons in attendance that contain the information 
  8.5   required by subdivisions 1, 2, and 3.  The school shall maintain 
  8.6   the records for at least five years after the person attains the 
  8.7   age of majority.  The department of health and the board of 
  8.8   health, as defined in section 145A.02, subdivision 2, in whose 
  8.9   jurisdiction the school or child care facility is located, shall 
  8.10  have access to the files maintained pursuant to this 
  8.11  subdivision.  When a person transfers to another elementary or 
  8.12  secondary school or child care facility, the administrator or 
  8.13  other person having general control and supervision of the 
  8.14  school or child care facility shall assist the person's parent 
  8.15  or guardian in the transfer of the immunization file to the 
  8.16  person's new school or child care facility within 30 days of the 
  8.17  transfer.  Upon the request of a public or private 
  8.18  post-secondary educational institution, as defined in section 
  8.19  135A.14, the administrator or other person having general 
  8.20  control or supervision of a school shall assist in the transfer 
  8.21  of a student's immunization file to the post-secondary 
  8.22  institution. 
  8.23     Subd. 8.  [REPORT.] The administrator or other person 
  8.24  having general control and supervision of the elementary or 
  8.25  secondary school shall file a report with the commissioner on 
  8.26  all persons enrolled in the school.  The superintendent of each 
  8.27  district shall file a report with the commissioner for all 
  8.28  persons within the district receiving instruction in a home 
  8.29  school in compliance with sections 120A.22 and 120A.24.  The 
  8.30  parent of persons receiving instruction in a home school shall 
  8.31  submit the statements as required by subdivisions 1, 2, 3, and 4 
  8.32  to the superintendent of the district in which the person 
  8.33  resides by October 1 of each school year.  The school report 
  8.34  must be prepared on forms developed jointly by the commissioner 
  8.35  of health and the commissioner of children, families, and 
  8.36  learning and be distributed to the local districts by the 
  9.1   commissioner of health.  The school report must state the number 
  9.2   of persons attending the school, the number of persons who have 
  9.3   not been immunized according to subdivision 1 or 2, and the 
  9.4   number of persons who received an exemption under subdivision 3, 
  9.5   clause (c) or (d).  The school report must be filed with the 
  9.6   commissioner of children, families, and learning within 60 days 
  9.7   of the commencement of each new school term.  Upon request, a 
  9.8   district must be given a 60-day extension for filing the school 
  9.9   report.  The commissioner of children, families, and learning 
  9.10  shall forward the report, or a copy thereof, to the commissioner 
  9.11  of health who shall provide summary reports to boards of health 
  9.12  as defined in section 145A.02, subdivision 2.  The administrator 
  9.13  or other person having general control and supervision of the 
  9.14  child care facility shall file a report with the commissioner of 
  9.15  human services on all persons enrolled in the child care 
  9.16  facility.  The child care facility report must be prepared on 
  9.17  forms developed jointly by the commissioner of health and the 
  9.18  commissioner of human services and be distributed to child care 
  9.19  facilities by the commissioner of health.  The child care 
  9.20  facility report must state the number of persons enrolled in the 
  9.21  facility, the number of persons with no immunizations, the 
  9.22  number of persons who received an exemption under subdivision 3, 
  9.23  clause (c) or (d), and the number of persons with partial or 
  9.24  full immunization histories.  The child care facility report 
  9.25  must be filed with the commissioner of human services by 
  9.26  November 1 of each year.  The commissioner of human services 
  9.27  shall forward the report, or a copy thereof, to the commissioner 
  9.28  of health who shall provide summary reports to boards of health 
  9.29  as defined in section 145A.02, subdivision 2.  The report 
  9.30  required by this subdivision is not required of a family child 
  9.31  care or group family child care facility, for prekindergarten 
  9.32  children enrolled in any elementary or secondary school provided 
  9.33  services according to sections 125A.05 and 125A.06, nor for 
  9.34  child care facilities in which at least 75 percent of children 
  9.35  in the facility participate on a one-time only or occasional 
  9.36  basis to a maximum of 45 hours per child, per month.  
 10.1      Subd. 9.  [DEFINITIONS.] As used in this section the 
 10.2   following terms have the meanings given them. 
 10.3      (a) "Elementary or secondary school" includes any public 
 10.4   school as defined in section 120A.05, subdivisions 9, 11, 13, 
 10.5   and 17, or nonpublic school, church, or religious organization, 
 10.6   or home school in which a child is provided instruction in 
 10.7   compliance with sections 120A.22 and 120A.24. 
 10.8      (b) "Person enrolled in any elementary or secondary school" 
 10.9   means a person born after 1956 and enrolled in grades 
 10.10  kindergarten through grade 12, and a child with a disability 
 10.11  receiving special instruction and services as required 
 10.12  in sections section 125A.03 to 125A.24 and 125A.65, excluding a 
 10.13  child being provided services according to section 125A.05, 
 10.14  paragraph (c), or 125A.06, paragraph (d) (a), clause (3) or (7). 
 10.15     (c) "Child care facility" includes those child care 
 10.16  programs subject to licensure under chapter 245A, and Minnesota 
 10.17  Rules, chapters 9502 and 9503. 
 10.18     (d) "Family child care" means child care for no more than 
 10.19  ten children at one time of which no more than six are under 
 10.20  school age.  The licensed capacity must include all children of 
 10.21  any caregiver when the children are present in the residence. 
 10.22     (e) "Group family child care" means child care for no more 
 10.23  than 14 children at any one time.  The total number of children 
 10.24  includes all children of any caregiver when the children are 
 10.25  present in the residence. 
 10.26     (f) "Administrator" means any person having general control 
 10.27  and supervision of a school or child care facility. 
 10.28     (g) "Immunization provider" means any physician, health 
 10.29  care provider, or public clinic that provides immunizations.  
 10.30     Subd. 10.  [REQUIREMENTS FOR IMMUNIZATION STATEMENTS.] A 
 10.31  statement required to be submitted under subdivisions 1, 2, and 
 10.32  4 to document evidence of immunization shall include month, day, 
 10.33  and year for immunizations administered after January 1, 1990.  
 10.34     (a) For persons enrolled in grades 7 and 12 during the 
 10.35  1996-1997 school term, the statement must indicate that the 
 10.36  person has received a dose of tetanus and diphtheria toxoid no 
 11.1   earlier than 11 years of age. 
 11.2      (b) Except as specified in paragraph (e), for persons 
 11.3   enrolled in grades 7, 8, and 12 during the 1997-1998 school 
 11.4   term, the statement must indicate that the person has received a 
 11.5   dose of tetanus and diphtheria toxoid no earlier than 11 years 
 11.6   of age.  
 11.7      (c) Except as specified in paragraph (e) (c), for persons 
 11.8   enrolled in grades 7 through 12 during the 1998-1999 school term 
 11.9   and for each year thereafter, the statement must indicate that 
 11.10  the person has received a dose of tetanus and diphtheria toxoid 
 11.11  no earlier than 11 years of age.  
 11.12     (d) (b) For persons enrolled in grades 7 through 12 during 
 11.13  the 1996-1997 school year and for each year thereafter, the 
 11.14  statement must indicate that the person has received at least 
 11.15  two doses of vaccine against measles, mumps, and rubella, given 
 11.16  alone or separately and given not less than one month apart. 
 11.17     (e) (c) A person who has received at least three doses of 
 11.18  tetanus and diphtheria toxoids, with the most recent dose given 
 11.19  after age six and before age 11, is not required to have 
 11.20  additional immunization against diphtheria and tetanus until ten 
 11.21  years have elapsed from the person's most recent dose of tetanus 
 11.22  and diphtheria toxoid. 
 11.23     (f) (d) The requirement for hepatitis B vaccination shall 
 11.24  apply to persons enrolling in kindergarten beginning with the 
 11.25  2000-2001 school term. 
 11.26     (g) (e) The requirement for hepatitis B vaccination shall 
 11.27  apply to persons enrolling in grade 7 beginning with the 
 11.28  2001-2002 school term. 
 11.29     Subd. 11.  [COMMISSIONER OF HUMAN SERVICES; CONTINUED 
 11.30  RESPONSIBILITIES.] Nothing in this section relieves the 
 11.31  commissioner of human services of the responsibility, under 
 11.32  chapter 245A, to inspect and assure that statements required by 
 11.33  this section are on file at child care programs subject to 
 11.34  licensure. 
 11.35     Subd. 12.  [MODIFICATIONS TO SCHEDULE.] (a) The 
 11.36  commissioner of health may adopt modifications to the 
 12.1   immunization requirements of this section.  A proposed 
 12.2   modification made under this subdivision must be part of the 
 12.3   current immunization recommendations of each of the following 
 12.4   organizations:  the United States Public Health Service's 
 12.5   Advisory Committee on Immunization Practices, the American 
 12.6   Academy of Family Physicians, and the American Academy of 
 12.7   Pediatrics.  In proposing a modification to the immunization 
 12.8   schedule, the commissioner must: 
 12.9      (1) consult with the commissioner of children, families, 
 12.10  and learning; the commissioner of human services; the chancellor 
 12.11  of the Minnesota state colleges and universities; and the 
 12.12  president of the University of Minnesota; and 
 12.13     (2) consider the following criteria:  the epidemiology of 
 12.14  the disease, the morbidity and mortality rates for the disease, 
 12.15  the safety and efficacy of the vaccine, the cost of a 
 12.16  vaccination program, the cost of enforcing vaccination 
 12.17  requirements, and a cost-benefit analysis of the vaccination. 
 12.18     (b) Before a proposed modification may be adopted, the 
 12.19  commissioner must notify the chairs of the house and senate 
 12.20  committees with jurisdiction over health policy issues.  If the 
 12.21  chairs of the relevant standing committees determine a public 
 12.22  hearing regarding the proposed modifications is in order, the 
 12.23  hearing must be scheduled within 60 days of receiving notice 
 12.24  from the commissioner.  If a hearing is scheduled, the 
 12.25  commissioner may not adopt any proposed modifications until 
 12.26  after the hearing is held.  
 12.27     (c) The commissioner shall comply with the requirements of 
 12.28  chapter 14 regarding the adoption of any proposed modifications 
 12.29  to the immunization schedule.  
 12.30     (d) In addition to the publication requirements of chapter 
 12.31  14, the commissioner of health must inform all immunization 
 12.32  providers of any adopted modifications to the immunization 
 12.33  schedule in a timely manner.  
 12.34     Sec. 2.  Minnesota Statutes 2000, section 121A.55, is 
 12.35  amended to read: 
 12.36     121A.55 [POLICIES TO BE ESTABLISHED.] 
 13.1      (a) The commissioner of children, families, and learning 
 13.2   shall promulgate guidelines to assist each school board.  Each 
 13.3   school board shall establish uniform criteria for dismissal and 
 13.4   adopt written policies and rules to effectuate the purposes of 
 13.5   sections 121A.40 to 121A.56.  The policies shall emphasize 
 13.6   preventing dismissals through early detection of problems and 
 13.7   shall be designed to address students' inappropriate behavior 
 13.8   from recurring.  The policies shall recognize the continuing 
 13.9   responsibility of the school for the education of the pupil 
 13.10  during the dismissal period.  The alternative educational 
 13.11  services, if the pupil wishes to take advantage of them, must be 
 13.12  adequate to allow the pupil to make progress towards meeting the 
 13.13  graduation standards adopted under section 120B.02 and help 
 13.14  prepare the pupil for readmission.  
 13.15     (b) An area learning center under section 123A.05 may not 
 13.16  prohibit an expelled or excluded pupil from enrolling solely 
 13.17  because a district expelled or excluded the pupil.  The board of 
 13.18  the area learning center may use the provisions of the Pupil 
 13.19  Fair Dismissal Act to exclude a pupil or to require an admission 
 13.20  plan. 
 13.21     (c) The commissioner shall actively encourage and assist 
 13.22  school districts to cooperatively establish alternative 
 13.23  educational services within school buildings or at alternative 
 13.24  program sites that offer instruction to pupils who are dismissed 
 13.25  from school for willfully engaging in dangerous, disruptive, or 
 13.26  violent behavior, including for possessing a firearm in a school 
 13.27  zone. 
 13.28     Sec. 3.  [REPEALER.] 
 13.29     Minnesota Statutes 2000, sections 121A.03, subdivision 3; 
 13.30  and 121A.16, are repealed.  
 13.31                             ARTICLE 3 
 13.32                    TEACHERS AND OTHER EDUCATORS 
 13.33     Section 1.  Minnesota Statutes 2000, section 122A.09, 
 13.34  subdivision 6, is amended to read: 
 13.35     Subd. 6.  [REGISTER OF PERSONS LICENSED.] The executive 
 13.36  secretary of the board of teaching shall keep a record of the 
 14.1   proceedings of and a register of all persons licensed pursuant 
 14.2   to the provisions of this chapter.  The register must show the 
 14.3   name, address, license number and the renewal of the license.  
 14.4   The board must on July 1, of each year or as soon thereafter as 
 14.5   is practicable, compile a list of such duly licensed teachers 
 14.6   and transmit a copy of the list to the board.  A copy of the 
 14.7   register must be available during business hours at the office 
 14.8   of the board to any interested person.  
 14.9      Sec. 2.  Minnesota Statutes 2000, section 122A.15, is 
 14.10  amended to read: 
 14.11     122A.15 [TEACHERS, SUPERVISORY AND SUPPORT PERSONNEL, 
 14.12  DEFINITIONS, LICENSURE.] 
 14.13     Subdivision 1.  [TEACHERS.] The term "teachers" for the 
 14.14  purpose of licensure, means all persons employed in a public 
 14.15  school or education district or by a service cooperative as 
 14.16  members of the instructional, supervisory, and support staff 
 14.17  including superintendents, principals, supervisors, secondary 
 14.18  vocational and other classroom teachers, librarians, counselors, 
 14.19  school psychologists, school nurses, school social workers, 
 14.20  audio-visual directors and coordinators, recreation personnel, 
 14.21  media generalists, media supervisors, and speech 
 14.22  therapists educational speech-language pathologists.  
 14.23     Subd. 2.  [SUPERVISORY PERSONNEL.] "Supervisory personnel" 
 14.24  for the purpose of licensure means superintendents, principals, 
 14.25  and professional employees who devote 50 percent or more of 
 14.26  their time to administrative or supervisory duties over other 
 14.27  personnel, and includes athletic coaches.  
 14.28     Sec. 3.  Minnesota Statutes 2000, section 122A.22, is 
 14.29  amended to read: 
 14.30     122A.22 [DISTRICT RECORDING OF TEACHER LICENSES.] 
 14.31     No person shall be accounted a qualified teacher until the 
 14.32  person has filed either a teaching license for record or a 
 14.33  certified copy of a teaching license with the district 
 14.34  superintendent where the person intends to teach a license, or 
 14.35  certified copy of a license, authorizing the person to teach 
 14.36  school in the district school system. 
 15.1      Sec. 4.  Minnesota Statutes 2000, section 122A.40, 
 15.2   subdivision 5, is amended to read: 
 15.3      Subd. 5.  [PROBATIONARY PERIOD.] (a) The first three 
 15.4   consecutive years of a teacher's first teaching experience in 
 15.5   Minnesota in a single district is deemed to be a probationary 
 15.6   period of employment, and after completion thereof, the 
 15.7   probationary period in each district in which the teacher is 
 15.8   thereafter employed shall be one year.  The school board must 
 15.9   adopt a plan for written evaluation of teachers during the 
 15.10  probationary period.  Evaluation must occur at least three times 
 15.11  each year for a teacher performing services on 120 or more 
 15.12  school days, at least two times each year for a teacher 
 15.13  performing services on 60 to 119 school days, and at least one 
 15.14  time each year for a teacher performing services on fewer than 
 15.15  60 school days.  Days devoted to parent-teacher conferences, 
 15.16  teachers' workshops, and other staff development opportunities 
 15.17  and days on which a teacher is absent from school must not be 
 15.18  included in determining the number of school days on which a 
 15.19  teacher performs services.  Except as otherwise provided in 
 15.20  paragraph (b), during the probationary period any annual 
 15.21  contract with any teacher may or may not be renewed as the 
 15.22  school board shall see fit.  However, The board must give any 
 15.23  such probationary teacher whose contract it declines to renew 
 15.24  for the following school year written notice to that effect 
 15.25  before July 1.  If the teacher requests reasons for any 
 15.26  nonrenewal of a teaching contract, the board must give the 
 15.27  teacher its reason in writing, including a statement that 
 15.28  appropriate supervision was furnished describing the nature and 
 15.29  the extent of such supervision furnished the teacher during the 
 15.30  employment by the board, within ten days after receiving such 
 15.31  request.  The school board may, after a hearing held upon due 
 15.32  notice, discharge a teacher during the probationary period for 
 15.33  cause, effective immediately, under section 122A.44.  
 15.34     (b) A board must discharge a probationary teacher, 
 15.35  effective immediately, upon receipt of notice under section 
 15.36  122A.20, subdivision 1, paragraph (b), that the teacher's 
 16.1   license has been revoked due to a conviction for child abuse or 
 16.2   sexual abuse. 
 16.3      Sec. 5.  Minnesota Statutes 2000, section 122A.40, 
 16.4   subdivision 8, is amended to read: 
 16.5      Subd. 8.  [PEER REVIEW FOR CONTINUING CONTRACT TEACHERS.] A 
 16.6   school board and an exclusive representative of the teachers in 
 16.7   the district shall develop a peer review process for continuing 
 16.8   contract and probationary teachers through joint agreement. 
 16.9      Sec. 6.  Minnesota Statutes 2000, section 122A.58, 
 16.10  subdivision 1, is amended to read: 
 16.11     Subdivision 1.  [TERMINATION; HEARING.] Before a district 
 16.12  terminates during the interscholastic sports season the coaching 
 16.13  duties of an employee who is required to hold a license as an 
 16.14  athletic coach from the commissioner of children, families, and 
 16.15  learning a head varsity coach of an interscholastic sport at the 
 16.16  secondary school level, the district must notify the employee in 
 16.17  writing and state its reason for the proposed termination.  
 16.18  Within 14 days of receiving this notification, the employee may 
 16.19  request in writing a hearing on the termination before the 
 16.20  commissioner.  If a hearing is requested, the commissioner must 
 16.21  hold a hearing within 25 days according to the hearing 
 16.22  procedures specified in section 122A.40, subdivision 14, and the 
 16.23  termination is final upon the order of the commissioner after 
 16.24  the hearing. 
 16.25     Sec. 7.  Minnesota Statutes 2000, section 122A.60, 
 16.26  subdivision 1, is amended to read: 
 16.27     Subdivision 1.  [STAFF DEVELOPMENT COMMITTEE.] A school 
 16.28  board must use the revenue authorized in section 122A.61 for 
 16.29  in-service education for programs under section 120B.22, 
 16.30  subdivision 2, or for staff development plans under this 
 16.31  section.  The board must establish an advisory staff development 
 16.32  committee to develop the plan, assist site professional 
 16.33  development teams in developing a site plan consistent with the 
 16.34  goals of the plan, and evaluate staff development efforts at the 
 16.35  site level.  A majority of the advisory committee and the site 
 16.36  professional development team must be teachers representing 
 17.1   various grade levels, subject areas, and special education.  The 
 17.2   advisory committee must also include nonteaching staff, parents, 
 17.3   and administrators.  Districts must report staff development 
 17.4   results and expenditures to the commissioner in the form and 
 17.5   manner determined by the commissioner.  The expenditure report 
 17.6   must include expenditures by the board for district level 
 17.7   activities and expenditures made by the staff.  The report must 
 17.8   provide a breakdown of expenditures for (1) curriculum 
 17.9   development and programs, (2) in-service education, workshops, 
 17.10  and conferences, and (3) the cost of teachers or substitute 
 17.11  teachers for staff development purposes.  Within each of these 
 17.12  categories, the report must also indicate whether the 
 17.13  expenditures were incurred at the district level or the school 
 17.14  site level, and whether the school site expenditures were made 
 17.15  possible by the grants to school sites that demonstrate 
 17.16  exemplary use of allocated staff development revenue.  These 
 17.17  expenditures are to be reported using the UFARS system.  The 
 17.18  commissioner shall report the staff development expenditure data 
 17.19  to the education committees of the legislature by February 15 
 17.20  each year.  
 17.21     Sec. 8.  Minnesota Statutes 2000, section 122A.68, 
 17.22  subdivision 1, is amended to read: 
 17.23     Subdivision 1.  [ESTABLISHMENT.] A school district with a 
 17.24  teaching residency plan approved by the board of teaching may 
 17.25  hire graduates of approved Minnesota teacher preparation 
 17.26  programs as teaching residents.  A district shall employ each 
 17.27  resident for one school year.  The district and the resident may 
 17.28  agree to extend the residency for one additional school year.  A 
 17.29  school may employ no more than one teaching resident for every 
 17.30  eight full-time equivalent licensed teachers.  No more than 600 
 17.31  eligible teachers may be employed as teacher residents in any 
 17.32  one school year. 
 17.33     Sec. 9.  Minnesota Statutes 2000, section 122A.68, 
 17.34  subdivision 7, is amended to read: 
 17.35     Subd. 7.  [RECOMMENDATION FOR LICENSURE REQUIREMENTS.] The 
 17.36  board of teaching must develop maintain for teachers of students 
 18.1   in prekindergarten through grade 12, model teaching residency 
 18.2   outcomes and assessments, and mentoring programs. 
 18.3      Sec. 10.  Minnesota Statutes 2000, section 122A.69, is 
 18.4   amended to read: 
 18.5      122A.69 [PRACTICE OR STUDENT TEACHERS.] 
 18.6      The board may, by agreements with teacher preparing 
 18.7   institutions, arrange for classroom experience in the district 
 18.8   for practice or student teachers who have completed not less 
 18.9   than two years of an approved teacher education program.  Such 
 18.10  practice Student teachers must be provided with appropriate 
 18.11  supervision by a fully qualified teacher under rules promulgated 
 18.12  by the board.  Practice Student teachers are deemed employees of 
 18.13  the school district in which they are rendering services for 
 18.14  purposes of workers' compensation; liability insurance, if 
 18.15  provided for other district employees in accordance with section 
 18.16  123B.23; and legal counsel in accordance with the provisions of 
 18.17  section 123B.25. 
 18.18     Sec. 11.  Minnesota Statutes 2000, section 122A.70, 
 18.19  subdivision 2, is amended to read: 
 18.20     Subd. 2.  [APPLICATIONS.] The board of teaching must make 
 18.21  application forms available to sites interested in developing or 
 18.22  expanding a mentorship program.  A school district, a group of 
 18.23  school districts, or a coalition of districts, teachers and 
 18.24  teacher education institutions may apply for a teacher 
 18.25  mentorship program grant.  The board of teaching, in 
 18.26  consultation with the teacher mentoring task force, must approve 
 18.27  or disapprove the applications.  To the extent possible, the 
 18.28  approved applications must reflect effective mentoring 
 18.29  components, include a variety of coalitions and be 
 18.30  geographically distributed throughout the state.  The board of 
 18.31  teaching must encourage the selected sites to consider the use 
 18.32  of its assessment procedures.  
 18.33     Sec. 12.  Minnesota Statutes 2000, section 122A.91, is 
 18.34  amended to read: 
 18.35     122A.91 [DESIGNATED STATE OFFICIAL.] 
 18.36     For the purposes of the agreement set forth in section 
 19.1   122A.90, the designated state official for this state is the 
 19.2   commissioner of children, families, and learning executive 
 19.3   secretary of the board of teaching. 
 19.4      Sec. 13.  Minnesota Statutes 2000, section 122A.92, is 
 19.5   amended to read: 
 19.6      122A.92 [RECORD OF CONTRACTS.] 
 19.7      Two copies of all contracts made on behalf of this state 
 19.8   pursuant to the agreement set forth in section 122A.90 must be 
 19.9   kept on file in the office of the commissioner of children, 
 19.10  families, and learning board of teaching. 
 19.11     Sec. 14.  [TEACHER AND INSTRUCTOR PREPARATION; TEACHER 
 19.12  PERSISTENCE.] 
 19.13     Subdivision 1.  [EVALUATION.] The independent office of 
 19.14  educational accountability under Minnesota Statutes, section 
 19.15  120B.31, must design and implement a data collection effort to 
 19.16  evaluate the persistence of students in teacher preparation and 
 19.17  teacher education programs and in the teaching profession and 
 19.18  the qualifications of instructors teaching in those programs.  
 19.19  Data collection must be done in cooperation with post-secondary 
 19.20  institutions, Minnesota state colleges and universities, and the 
 19.21  board of teaching.  The University of Minnesota and private 
 19.22  four-year post-secondary institutions are requested to cooperate 
 19.23  and participate in the data collection effort. 
 19.24     Subd. 2.  [DATA COLLECTION.] (a) For all students who 
 19.25  enroll in a post-secondary teacher preparation program, the 
 19.26  following information must be collected annually for each 
 19.27  institution: 
 19.28     (1) the number of students enrolled in a teacher 
 19.29  preparation program; 
 19.30     (2) a comparison of admission measures including the scores 
 19.31  of students in teacher preparation programs and the scores of 
 19.32  the student body on the institution's admission criteria 
 19.33  including class rank, ACT or SAT score, and other measures used 
 19.34  in the admission decision; and 
 19.35     (3) the number of students who complete the teacher 
 19.36  preparation program. 
 20.1      (b) For students who graduate from a teacher preparation 
 20.2   program at a Minnesota institution, data must be collected 
 20.3   annually on the persistence of graduates in the teaching 
 20.4   profession by year of graduation and institution including: 
 20.5      (1) the number of students who become licensed teachers in 
 20.6   Minnesota; and 
 20.7      (2) the number of Minnesota graduate licensed teachers by 
 20.8   length of employment in Minnesota measured from the year of 
 20.9   graduation. 
 20.10     (c) For instructors teaching in teacher preparation or 
 20.11  teacher education programs, data must be collected annually to 
 20.12  determine: 
 20.13     (1) whether the instructors hold current K-12 Minnesota 
 20.14  teaching licenses; and 
 20.15     (2) the extent to which the instructors have had K-12 
 20.16  classroom experience and the time period during which the 
 20.17  experience occurred.  
 20.18     The office must summarize and report the information 
 20.19  gathered through the data collection as part of its regular 
 20.20  reporting cycle. 
 20.21     Sec. 15.  [REVISOR INSTRUCTION.] 
 20.22     In the next and subsequent editions of Minnesota Statutes 
 20.23  and Minnesota Rules, the revisor of statutes shall renumber 
 20.24  Minnesota Statutes, section 122A.61, subdivision 2, as Minnesota 
 20.25  Statutes, section 124D.311.  The revisor shall also make 
 20.26  necessary cross-reference changes consistent with the 
 20.27  renumbering. 
 20.28     Sec. 16.  [REPEALER.] 
 20.29     Minnesota Statutes 2000, sections 122A.19, subdivision 2; 
 20.30  122A.32; 122A.40, subdivision 6; 122A.52; 122A.53; 122A.71; 
 20.31  122A.72; and 122A.75, are repealed.  
 20.32                             ARTICLE 4 
 20.33               SCHOOL DISTRICTS; FORMS FOR ORGANIZING 
 20.34     Section 1.  Minnesota Statutes 2000, section 123A.06, 
 20.35  subdivision 1, is amended to read: 
 20.36     Subdivision 1.  [PROGRAM FOCUS.] (a) The programs and 
 21.1   services of a center must focus on academic and learning skills, 
 21.2   applied learning opportunities, trade and vocational skills, 
 21.3   work-based learning opportunities, work experience, youth 
 21.4   service to the community, transition services, and English 
 21.5   language and literacy programs for children whose primary 
 21.6   language is a language other than English.  Applied learning, 
 21.7   work-based learning, and service learning may best be developed 
 21.8   in collaboration with a local education and transitions 
 21.9   partnership, culturally based organizations, mutual assistance 
 21.10  associations, or other community resources.  In addition to 
 21.11  offering programs, the center shall coordinate the use of other 
 21.12  available educational services, special education services, 
 21.13  social services, health services, and post-secondary 
 21.14  institutions in the community and services area.  
 21.15     (b) Consistent with the requirements of sections 121A.40 to 
 21.16  121A.56, a school district may provide an alternative education 
 21.17  program for a student who is within the compulsory attendance 
 21.18  age under section 120A.20, and who is involved in severe or 
 21.19  repeated disciplinary action. 
 21.20     Sec. 2.  [REPEALER.] 
 21.21     (a) Minnesota Statutes 2000, sections 123A.15, subdivision 
 21.22  1; 123A.35; 123A.36; 123A.37; 123A.38; 123A.39, subdivisions 1, 
 21.23  2, and 4; 123A.40; 123A.41, subdivision 1; and 123A.43, are 
 21.24  repealed.  
 21.25     (b) Minnesota Statutes 2000, section 123A.41, subdivision 
 21.26  4, is repealed effective July 1, 2002.  
 21.27     [EFFECTIVE DATE.] This section is effective the day 
 21.28  following final enactment.  
 21.29                             ARTICLE 5 
 21.30                 SCHOOL DISTRICT POWERS AND DUTIES 
 21.31     Section 1.  Minnesota Statutes 2000, section 123B.02, 
 21.32  subdivision 1, is amended to read: 
 21.33     Subdivision 1.  [BOARD AUTHORITY.] The board must have the 
 21.34  general charge of the business of the district, the school 
 21.35  houses, and of the interests of the schools thereof.  The 
 21.36  board's authority to govern, manage, and control the district; 
 22.1   to carry out its duties and responsibilities; and to conduct the 
 22.2   business of the district includes implied powers in addition to 
 22.3   any specific powers granted by the legislature.  
 22.4      Sec. 2.  Minnesota Statutes 2000, section 123B.04, 
 22.5   subdivision 5, is amended to read: 
 22.6      Subd. 5.  [COMMISSIONER'S ROLE.] The commissioner of 
 22.7   children, families, and learning, in consultation with 
 22.8   appropriate educational organizations, shall: 
 22.9      (1) upon request, provide technical support for districts 
 22.10  and sites with agreements under this section; 
 22.11     (2) conduct and compile research on the effectiveness of 
 22.12  site decision making; and 
 22.13     (3) periodically report on and evaluate the effectiveness 
 22.14  of site management agreements on a statewide basis. 
 22.15     Sec. 3.  Minnesota Statutes 2000, section 123B.147, is 
 22.16  amended to read: 
 22.17     123B.147 [PRINCIPALS.] 
 22.18     Subdivision 1.  [PRINCIPAL MAY SUPERVISE SCHOOL BUILDING.] 
 22.19  Each public school building, as defined by section 120A.05, 
 22.20  subdivisions 9, 11, and 13, in an independent district may be 
 22.21  under the supervision of a principal who is assigned to that 
 22.22  responsibility by the board of education in that district upon 
 22.23  the recommendation of the superintendent of schools of that 
 22.24  district.  If pupils in kindergarten through grade 12 attend 
 22.25  school in one building, one principal, who holds either an 
 22.26  elementary or a secondary principal's license, may supervise the 
 22.27  building. 
 22.28     Subd. 2.  [VALID PRINCIPAL LICENSE REQUIRED.] Each 
 22.29  principal assigned the responsibility responsible for the 
 22.30  supervision of supervising a school building shall hold a valid 
 22.31  license in the assigned position of supervision and 
 22.32  administration as established by the rules of the commissioner 
 22.33  of children, families, and learning. 
 22.34     Subd. 3.  [PRINCIPALS' DUTIES.] The principal shall provide 
 22.35  administrative, supervisory, and instructional leadership 
 22.36  services, under the supervision of the superintendent of schools 
 23.1   of the district and in accordance with the policies, rules, and 
 23.2   regulations of the board of education, for the planning, 
 23.3   management, operation, and evaluation of the education program 
 23.4   of the building or buildings to which the principal is 
 23.5   assigned perform administrative, supervisory, and instructional 
 23.6   duties as determined by the school district. 
 23.7      Sec. 4.  Minnesota Statutes 2000, section 123B.43, is 
 23.8   amended to read: 
 23.9      123B.43 [USE OF INDIVIDUALIZED INSTRUCTIONAL MATERIALS.] 
 23.10     (a) The commissioner shall assure that textbooks and 
 23.11  individualized instructional materials loaned to nonpublic 
 23.12  school pupils are secular, neutral, nonideological and that they 
 23.13  are incapable of diversion for religious use.  
 23.14     (b) Textbooks and individualized instructional materials 
 23.15  must not be used in religious courses, devotional exercises, 
 23.16  religious training or any other religious activity.  
 23.17     (c) Textbooks and individualized instructional materials 
 23.18  must be loaned only to individual pupils upon the request of a 
 23.19  parent or guardian or the pupil on a form designated for this 
 23.20  use by the commissioner.  The request forms shall provide for 
 23.21  verification by the parent or guardian or pupil that the 
 23.22  requested textbooks and individualized instructional materials 
 23.23  are for the use of the individual pupil in connection with a 
 23.24  program of instruction in the pupil's elementary or secondary 
 23.25  school.  
 23.26     (d) The servicing school district or the intermediary 
 23.27  service area must take adequate measures to ensure an accurate 
 23.28  and periodic inventory of all textbooks and individualized 
 23.29  instructional materials loaned to elementary and secondary 
 23.30  school pupils attending nonpublic schools.  The commissioner of 
 23.31  children, families, and learning shall promulgate rules under 
 23.32  the provisions of chapter 14 to terminate the eligibility of any 
 23.33  nonpublic school pupil if the commissioner determines, after 
 23.34  notice and opportunity for hearing, that the textbooks or 
 23.35  individualized instructional materials have been used in a 
 23.36  manner contrary to the provisions of section 123B.41, 
 24.1   subdivision 5, 123B.42, or this section or any rules promulgated 
 24.2   by the commissioner of children, families, and learning. 
 24.3      (e) (c) Nothing contained in section 123B.41, subdivision 
 24.4   5, 123B.42, or this section shall be construed to authorize the 
 24.5   making of any payments to a nonpublic school or its faculty, 
 24.6   staff or administrators for religious worship or instruction or 
 24.7   for any other purpose.  
 24.8      Sec. 5.  Minnesota Statutes 2000, section 123B.49, 
 24.9   subdivision 1, is amended to read: 
 24.10     Subdivision 1.  [ACTIVITIES OUTSIDE DISTRICT LIMITS.] 
 24.11  Whenever it appears to be beneficial and for the best interest 
 24.12  of the district and the pupils of the district to carry on any 
 24.13  school sport activities or educational activities connected with 
 24.14  their studies outside of the territorial limits of the district, 
 24.15  The board may authorize such activities school sport or 
 24.16  educational activities to be conducted outside the territorial 
 24.17  limits of the district under such rules and regulations as the 
 24.18  board deems sufficient.  The district may pay all necessary 
 24.19  costs therefor, including transportation from the district funds 
 24.20  available. 
 24.21     Sec. 6.  Minnesota Statutes 2000, section 123B.51, 
 24.22  subdivision 1, is amended to read: 
 24.23     Subdivision 1.  [SITES.] According to section 126C.40, 
 24.24  subdivision 1, or 465.71, when funds are available, the board 
 24.25  may locate and acquire necessary school sites of schoolhouses or 
 24.26  enlargements, or additions to existing schoolhouse sites schools 
 24.27  by lease, purchase or condemnation under the right of eminent 
 24.28  domain; it may erect schoolhouses schools on the sites; it may 
 24.29  erect or purchase garages for district-owned school buses.  When 
 24.30  property is taken by eminent domain by authority of this 
 24.31  subdivision when needed by the district for such purposes, the 
 24.32  fact that the property has been acquired by the owner under the 
 24.33  power of eminent domain or is already devoted to public use, 
 24.34  shall not prevent its acquisition by the district.  The board 
 24.35  may sell or exchange schoolhouses schools or sites, and execute 
 24.36  deeds of conveyance thereof.  
 25.1      Sec. 7.  Minnesota Statutes 2000, section 123B.51, 
 25.2   subdivision 5, is amended to read: 
 25.3      Subd. 5.  [SCHOOLHOUSE SCHOOL CLOSING.] The board may close 
 25.4   a schoolhouse school only after a public hearing on the question 
 25.5   of the necessity and practicability of the proposed closing.  
 25.6   Published notice of the hearing shall be given for two weeks in 
 25.7   the official newspaper of the district.  The time and place of 
 25.8   the meeting, the description and location of the schoolhouse 
 25.9   school, and a statement of the reasons for the closing must be 
 25.10  specified in the notice.  Parties requesting to give testimony 
 25.11  for and against the proposal shall be heard by the board before 
 25.12  it makes a final decision to close or not to close 
 25.13  the schoolhouse school.  
 25.14     Sec. 8.  Minnesota Statutes 2000, section 123B.83, 
 25.15  subdivision 1, is amended to read: 
 25.16     Subdivision 1.  [REDUCE STATUTORY OPERATING DEBT.] (a) 
 25.17  Beginning in fiscal year 1978 and in each year thereafter, A 
 25.18  district which that had statutory operating debt on June 30, 
 25.19  1977 pursuant to section 126C.42 must limit its expenditures in 
 25.20  each fiscal year so that the amount of its statutory operating 
 25.21  debt calculated at the end of that fiscal year is not greater 
 25.22  than the amount of the district's statutory operating debt as of 
 25.23  June 30, 1977, as certified and adjusted by the commissioner, 
 25.24  increased by an amount equal to 2-1/2 percent of that district's 
 25.25  operating expenditures for the fiscal year for which the 
 25.26  statutory operating debt calculation is being made. 
 25.27     (b) When a district is no longer required to levy pursuant 
 25.28  to section 126C.42, subdivision 1, subdivision 2 is applicable. 
 25.29     Sec. 9.  Minnesota Statutes 2000, section 123B.90, 
 25.30  subdivision 2, is amended to read: 
 25.31     Subd. 2.  [STUDENT TRAINING.] (a) Each district must 
 25.32  provide public school pupils enrolled in grades kindergarten 
 25.33  through 10 with age-appropriate school bus safety training.  The 
 25.34  training must be results-oriented and shall consist of both 
 25.35  classroom instruction and practical training using a school 
 25.36  bus.  Upon completing the training, a student shall be able to 
 26.1   demonstrate knowledge and understanding of at least the 
 26.2   following competencies and concepts: 
 26.3      (1) transportation by school bus is a privilege and not a 
 26.4   right; 
 26.5      (2) district policies for student conduct and school bus 
 26.6   safety; 
 26.7      (3) appropriate conduct while on the school bus; 
 26.8      (4) the danger zones surrounding a school bus; 
 26.9      (5) procedures for safely boarding and leaving a school 
 26.10  bus; 
 26.11     (6) procedures for safe street or road crossing; 
 26.12     (7) school bus evacuation and other emergency procedures; 
 26.13  and 
 26.14     (8) appropriate training on the use of lap belts or lap and 
 26.15  shoulder belts, if the district uses buses equipped with lap 
 26.16  belts or lap and shoulder belts. 
 26.17     (b) Each nonpublic school located within the district must 
 26.18  provide all nonpublic school pupils enrolled in grades 
 26.19  kindergarten through 10 who are transported by school bus at 
 26.20  public expense and attend school within the district's 
 26.21  boundaries with training as required in paragraph (a).  The 
 26.22  school district shall make a bus available for the practical 
 26.23  training if the district transports the nonpublic students.  
 26.24  Each nonpublic school shall provide the instruction. 
 26.25     (c) All students enrolled in grades kindergarten through 3 
 26.26  who are transported by school bus and are enrolled during the 
 26.27  first or second week of school must demonstrate achievement of 
 26.28  the school bus safety training competencies by the end of the 
 26.29  third week of school.  All students enrolled in grades 4 through 
 26.30  10 who are transported by school bus and are enrolled during the 
 26.31  first or second week of school must demonstrate achievement of 
 26.32  the competencies by the end of the sixth week of school.  
 26.33  Students enrolled in grades kindergarten through 10 who enroll 
 26.34  in a school after the second week of school and are transported 
 26.35  by school bus shall undergo school bus safety training and 
 26.36  demonstrate achievement of the school bus safety competencies 
 27.1   within four weeks of the first day of attendance.  The school 
 27.2   transportation safety director in each district must certify to 
 27.3   the commissioner annually that all students transported by 
 27.4   school bus within the district have satisfactorily demonstrated 
 27.5   knowledge and understanding of the school bus safety 
 27.6   competencies according to this section or provide an explanation 
 27.7   for a student's failure to demonstrate the competencies.  The 
 27.8   principal or other chief administrator of each nonpublic school 
 27.9   must certify annually to the school transportation safety 
 27.10  director of the district in which the school is located that all 
 27.11  of the school's students transported by school bus at public 
 27.12  expense have received training.  A district may deny 
 27.13  transportation to a student who fails to demonstrate the 
 27.14  competencies, unless the student is unable to achieve the 
 27.15  competencies due to a disability, or to a student who attends a 
 27.16  nonpublic school that fails to provide training as required by 
 27.17  this subdivision. 
 27.18     (d) A district and a nonpublic school with students 
 27.19  transported by school bus at public expense must, to the extent 
 27.20  possible, provide kindergarten pupils with bus safety training 
 27.21  before the first day of school. 
 27.22     (e) A district and a nonpublic school with students 
 27.23  transported by school bus at public expense must also provide 
 27.24  student safety education for bicycling and pedestrian safety, 
 27.25  for students enrolled in grades kindergarten through 5. 
 27.26     (f) (d) A district and a nonpublic school with students 
 27.27  transported by school bus at public expense must make reasonable 
 27.28  accommodations for the school bus, bicycle, and pedestrian 
 27.29  safety training of pupils known to speak English as a second 
 27.30  language and pupils with disabilities. 
 27.31     Sec. 10.  [REPEALER.] 
 27.32     Minnesota Statutes 2000, sections 123B.02, subdivisions 5, 
 27.33  9, 10, and 13; 123B.15; 123B.16; 123B.17; 123B.18; 123B.19; 
 27.34  123B.744; and 123B.95, subdivision 3, are repealed.  
 27.35                             ARTICLE 6 
 27.36                         EDUCATION PROGRAMS 
 28.1      Section 1.  Minnesota Statutes 2000, section 124D.02, 
 28.2   subdivision 1, is amended to read: 
 28.3      Subdivision 1.  [KINDERGARTEN INSTRUCTION.] The board may 
 28.4   establish and maintain one or more kindergartens for the 
 28.5   instruction of children and after July 1, 1974, shall provide 
 28.6   kindergarten instruction for all eligible children, either in 
 28.7   the district or in another district.  All children to be 
 28.8   eligible Eligibility for kindergarten must be at least five 
 28.9   years of age on September 1 of the calendar year in which the 
 28.10  school year commences.  In addition all children selected under 
 28.11  an early admissions policy established by the school board may 
 28.12  be admitted.  Nothing in this section shall prohibit a school 
 28.13  district from establishing head start, prekindergarten, or 
 28.14  nursery school classes for children below kindergarten 
 28.15  age determined under section 120A.20, subdivision 1.  Any school 
 28.16  board with evidence that providing kindergarten will cause an 
 28.17  extraordinary hardship on the school district may apply to the 
 28.18  commissioner of children, families, and learning for an 
 28.19  exception. 
 28.20     Sec. 2.  Minnesota Statutes 2000, section 124D.09, 
 28.21  subdivision 5, is amended to read: 
 28.22     Subd. 5.  [AUTHORIZATION; NOTIFICATION.] Notwithstanding 
 28.23  any other law to the contrary, An 11th or 12th grade pupil 
 28.24  enrolled in a school or an American Indian-controlled tribal 
 28.25  contract or grant school eligible for aid under section 124D.83, 
 28.26  except a foreign exchange pupil enrolled in a district under a 
 28.27  cultural exchange program, may apply to an eligible institution, 
 28.28  as defined in subdivision 3, to enroll in nonsectarian courses 
 28.29  offered by that post-secondary institution.  If an institution 
 28.30  accepts a secondary pupil for enrollment under this section, the 
 28.31  institution shall send written notice to the pupil, the pupil's 
 28.32  school or school district, and the commissioner within ten days 
 28.33  of acceptance.  The notice must indicate the course and hours of 
 28.34  enrollment of that pupil.  If the pupil enrolls in a course for 
 28.35  post-secondary credit, the institution must notify the pupil 
 28.36  about payment in the customary manner used by the institution. 
 29.1      Sec. 3.  Minnesota Statutes 2000, section 124D.09, 
 29.2   subdivision 6, is amended to read: 
 29.3      Subd. 6.  [COUNSELING PARENTAL CONSENT.] To the extent 
 29.4   possible, the school or school district must provide counseling 
 29.5   services to pupils and their parents or guardian before the 
 29.6   pupils enroll in courses under this section to ensure that the 
 29.7   pupils and their parents or guardian are fully aware of the 
 29.8   risks and possible consequences of enrolling in post-secondary 
 29.9   courses.  The school or school district must provide information 
 29.10  on the program including who may enroll, what institutions and 
 29.11  courses are eligible for participation, the decision-making 
 29.12  process for granting academic credits, financial arrangements 
 29.13  for tuition, books and materials, eligibility criteria for 
 29.14  transportation aid, available support services, the need to 
 29.15  arrange an appropriate schedule, consequences of failing or not 
 29.16  completing a course in which the pupil enrolls, the effect of 
 29.17  enrolling in this program on the pupil's ability to complete the 
 29.18  required high school graduation requirements, and the academic 
 29.19  and social responsibilities that must be assumed by the pupils 
 29.20  and their parents or guardian.  The person providing counseling 
 29.21  shall encourage pupils and their parents or guardian to also use 
 29.22  available counseling services at the post-secondary institutions 
 29.23  before the quarter or semester of enrollment to ensure that 
 29.24  anticipated plans are appropriate.  
 29.25     Prior to enrolling in a course, the pupil and the pupil's 
 29.26  parents or guardian must sign a form that must be provided by 
 29.27  the school or school district and may be obtained from a 
 29.28  post-secondary institution stating that they have received the 
 29.29  information specified in this subdivision and that they 
 29.30  understand the responsibilities that must be assumed in 
 29.31  enrolling in this program.  The department must, upon request, 
 29.32  provide technical assistance to a school or school district in 
 29.33  developing appropriate forms and counseling guidelines. 
 29.34     Sec. 4.  Minnesota Statutes 2000, section 124D.10, 
 29.35  subdivision 1, is amended to read: 
 29.36     Subdivision 1.  [PURPOSES EXPECTED OUTCOMES.] (a) 
 30.1   The purpose of this section is expected outcomes of a charter 
 30.2   school are to: 
 30.3      (1) improve pupil learning; 
 30.4      (2) increase learning opportunities for pupils; 
 30.5      (3) encourage the use of different and innovative teaching 
 30.6   methods; 
 30.7      (4) require the measurement of learning outcomes and create 
 30.8   different and innovative forms of measuring outcomes; 
 30.9      (5) establish new forms of accountability for schools; or 
 30.10     (6) create new professional opportunities for teachers, 
 30.11  including the opportunity to be responsible for the learning 
 30.12  program at the school site. 
 30.13     (b) This section does not provide a means to keep open a 
 30.14  school that otherwise would be closed.  Applicants in these 
 30.15  circumstances bear the burden of proving that conversion to a 
 30.16  charter school fulfills a purpose specified in this subdivision, 
 30.17  independent of the school's closing. 
 30.18     Sec. 5.  Minnesota Statutes 2000, section 124D.10, 
 30.19  subdivision 6, is amended to read: 
 30.20     Subd. 6.  [CONTRACT.] The sponsor's authorization for a 
 30.21  charter school must be in the form of a written contract signed 
 30.22  by the sponsor and the board of directors of the charter 
 30.23  school.  The contract must be completed within 90 days of the 
 30.24  commissioner's approval of the sponsor's proposed authorization. 
 30.25  The contract for a charter school must be in writing and contain 
 30.26  at least the following: 
 30.27     (1) a description of a program that carries out one or more 
 30.28  of the purposes expected outcomes in subdivision 1; 
 30.29     (2) specific outcomes pupils are to achieve under 
 30.30  subdivision 10; 
 30.31     (3) admission policies and procedures; 
 30.32     (4) management and administration of the school; 
 30.33     (5) requirements and procedures for program and financial 
 30.34  audits; 
 30.35     (6) how the school will comply with subdivisions 8, 13, 16, 
 30.36  and 23; 
 31.1      (7) assumption of liability by the charter school; 
 31.2      (8) types and amounts of insurance coverage to be obtained 
 31.3   by the charter school; 
 31.4      (9) the term of the contract, which may be up to three 
 31.5   years; and 
 31.6      (10) if the board of directors or the operators of the 
 31.7   charter school provide special instruction and services for 
 31.8   children with a disability under sections 125A.03 to 125A.24, 
 31.9   and 125A.65, a description of the financial parameters within 
 31.10  which the charter school will operate to provide the special 
 31.11  instruction and services to children with a disability. 
 31.12     Sec. 6.  Minnesota Statutes 2000, section 124D.115, 
 31.13  subdivision 3, is amended to read: 
 31.14     Subd. 3.  [PROGRAM REIMBURSEMENT.] (a) State funds are 
 31.15  provided to reimburse school breakfasts.  Each school year, the 
 31.16  state must reimburse schools in the amount of 5.1 cents for each 
 31.17  fully paid breakfast and for each free and reduced price 
 31.18  breakfast not eligible for the "severe need" rate. 
 31.19     (b) In addition to paragraph (a), each school year the 
 31.20  state must reimburse schools 10.5 cents for each free and 
 31.21  reduced price breakfast not eligible for the "severe need" rate 
 31.22  if between 33 and 40 percent of the school lunches served during 
 31.23  the second preceding school year were served free or at a 
 31.24  reduced price. 
 31.25     Sec. 7.  Minnesota Statutes 2000, section 124D.118, 
 31.26  subdivision 2, is amended to read: 
 31.27     Subd. 2.  [ESTABLISHMENT; SCHOOL PARTICIPATION.] Each 
 31.28  district in the state is encouraged to participate in the 
 31.29  state-supported school milk program for kindergartners.  
 31.30  Participating districts must provide one serving of milk on each 
 31.31  school day to each kindergarten student attending a public or 
 31.32  nonpublic school in the district.  No student is required to 
 31.33  accept the milk that is provided by the district.  The program 
 31.34  must be promoted and operated under the direction of the 
 31.35  commissioner or the commissioner's designee. 
 31.36     Sec. 8.  Minnesota Statutes 2000, section 124D.118, 
 32.1   subdivision 3, is amended to read: 
 32.2      Subd. 3.  [PROGRAM GUIDELINES; DUTIES OF THE COMMISSIONER.] 
 32.3   (a) The commissioner shall: 
 32.4      (1) encourage all districts to participate in the school 
 32.5   milk program for kindergartners; 
 32.6      (2) prepare maintain program guidelines, not subject to 
 32.7   chapter 14 until July 1, 1998, which that will effectively and 
 32.8   efficiently distribute appropriated and donated money to 
 32.9   participating districts; and 
 32.10     (3) (2) seek donations and matching funds from appropriate 
 32.11  private and public sources. 
 32.12     (b) Program guidelines may provide for disbursement to 
 32.13  districts through a mechanism of prepayments or by reimbursement 
 32.14  for approved program expenses. 
 32.15     Sec. 9.  Minnesota Statutes 2000, section 124D.37, is 
 32.16  amended to read: 
 32.17     124D.37 [PURPOSE EXPECTED OUTCOMES OF THE MINNESOTA YOUTH 
 32.18  WORKS ACT.] 
 32.19     The purposes expected outcomes of sections 124D.37 to 
 32.20  124D.45 are to: 
 32.21     (1) renew the ethic of promote civic responsibility in 
 32.22  Minnesota; 
 32.23     (2) empower youth to improve their life opportunities 
 32.24  through youth literacy, job placement, and other essential life 
 32.25  skills; 
 32.26     (3) empower government to meet its responsibility to 
 32.27  prepare young people to be contributing members of society; 
 32.28     (4) help meet human, educational, environmental, and public 
 32.29  safety needs, particularly those needs relating to poverty; 
 32.30     (5) prepare a citizenry that is academically competent, 
 32.31  ready for work, and socially responsible; 
 32.32     (6) demonstrate the connection between youth and meaningful 
 32.33  community service, community service and education, and 
 32.34  education and meaningful opportunities in the business community 
 32.35  activities; 
 32.36     (7) demonstrate the connection between providing 
 33.1   opportunities for at-risk youth and reducing crime rates and the 
 33.2   social costs of troubled youth; 
 33.3      (8) (6) create linkages for a comprehensive youth service 
 33.4   and learning program in Minnesota including school age programs, 
 33.5   higher education programs, youth work programs, and service 
 33.6   corps programs; and 
 33.7      (9) (7) coordinate federal and state activities that 
 33.8   advance the purposes in this section. 
 33.9      Sec. 10.  Minnesota Statutes 2000, section 124D.40, 
 33.10  subdivision 2, is amended to read: 
 33.11     Subd. 2.  [GRANT AUTHORITY.] The commission must use any 
 33.12  state appropriation and any available federal funds, including 
 33.13  any grant received under federal law, to award grants to 
 33.14  establish programs for youth works meeting the requirements of 
 33.15  section 124D.41.  At least one grant each must be available for 
 33.16  a metropolitan proposal, a rural proposal, and a statewide 
 33.17  proposal.  If a portion of the suburban metropolitan area is not 
 33.18  included in the metropolitan grant proposal, the statewide grant 
 33.19  proposal must incorporate at least one suburban metropolitan 
 33.20  area.  In awarding grants, the commission may select at least 
 33.21  one residential proposal and one nonresidential proposal, 
 33.22  provided the proposals meet or exceed the criteria in section 
 33.23  124D.41. 
 33.24     Sec. 11.  Minnesota Statutes 2000, section 124D.41, is 
 33.25  amended to read: 
 33.26     124D.41 [GRANT APPLICATIONS.] 
 33.27     Subdivision 1.  [APPLICATIONS REQUIRED.] An organization 
 33.28  seeking federal or state grant money under sections 124D.39 to 
 33.29  124D.44 shall prepare and submit to the commission an 
 33.30  application that meets the requirements of this section 
 33.31  developed by the commission.  The commission must develop, and 
 33.32  the applying organizations must comply with, the form and manner 
 33.33  of the application requirements that meet the expected outcomes 
 33.34  in section 124D.37. 
 33.35     Subd. 2.  [APPLICATION CONTENT.] An applicant on its 
 33.36  application must describe how the applicant intends to meet the 
 34.1   expected outcomes in this subdivision and section 124D.37, 
 34.2   including: 
 34.3      (1) propose proposing a program to provide participants the 
 34.4   opportunity to perform community service to meet specific unmet 
 34.5   community needs, and participate in classroom, work-based, and 
 34.6   service-learning; and 
 34.7      (2) assess assessing the community's unmet educational, 
 34.8   human, environmental, and public safety needs, the resources and 
 34.9   programs available for meeting those needs, and how young people 
 34.10  participated in assessing community needs;. 
 34.11     (3) describe the educational component of the program, 
 34.12  including classroom hours per week, classroom time for 
 34.13  participants to reflect on the program experience, and 
 34.14  anticipated academic outcomes related to the service experience; 
 34.15     (4) describe the work to be performed, the ratio of youth 
 34.16  participants to crew leaders and mentors, and the expectations 
 34.17  and qualifications for crew leaders and mentors; 
 34.18     (5) describe local funds or resources available to meet the 
 34.19  match requirements of section 124D.44; 
 34.20     (6) describe any funds available for the program from 
 34.21  sources other than the requested grant; 
 34.22     (7) describe any agreements with local businesses to 
 34.23  provide participants with work-learning opportunities and 
 34.24  mentors; 
 34.25     (8) describe any agreement with local post-secondary 
 34.26  educational institutions to offer participants course credits 
 34.27  for their community service-learning experience; 
 34.28     (9) describe any agreement with a local high school or an 
 34.29  alternative learning center to provide remedial education, 
 34.30  credit for community service work and work-based learning, or 
 34.31  graduate equivalency degrees; 
 34.32     (10) describe any pay for service or other program delivery 
 34.33  mechanism that will provide reimbursement for benefits conferred 
 34.34  or recover costs of services participants perform; 
 34.35     (11) describe how local resources will be used to provide 
 34.36  support and assistance for participants to encourage them to 
 35.1   continue with the program, fulfill the terms of the contract, 
 35.2   and remain eligible for any postservice benefit; 
 35.3      (12) describe the arbitration mechanism for dispute 
 35.4   resolution required under section 124D.42, subdivision 2; 
 35.5      (13) describe involvement of community leaders in 
 35.6   developing broad-based support for the program; 
 35.7      (14) describe the consultation and sign-off process to be 
 35.8   used with any local labor organization representing employees in 
 35.9   the area engaged in work similar to that proposed for the 
 35.10  program to ensure that no current employees or available 
 35.11  employment positions will be displaced by program participants; 
 35.12     (15) certify to the commission and to any certified 
 35.13  bargaining representatives representing employees of the 
 35.14  applying organization that the project will not decrease 
 35.15  employment opportunities that would be available without the 
 35.16  project; will not displace current employees including any 
 35.17  partial displacement in the form of reduced hours of work other 
 35.18  than overtime, wages, employment benefits, or regular seasonal 
 35.19  work; will not impair existing labor agreements; and will not 
 35.20  result in the substitution of project funding for preexisting 
 35.21  funds or sources of funds for ongoing work; 
 35.22     (16) describe the length of the required service period, 
 35.23  which may not be less than six months or more than two years, a 
 35.24  method to incorporate a participant's readiness to advance or 
 35.25  need for postservice financial assistance into individual 
 35.26  service requirements, and any opportunity for participating part 
 35.27  time or in another program; 
 35.28     (17) describe a program evaluation plan that contains 
 35.29  cost-effectiveness measures, measures of participant success 
 35.30  including educational accomplishments, job placements, community 
 35.31  contributions, and ongoing volunteer activities, outcome 
 35.32  measures based on a preprogram and postprogram survey of 
 35.33  community rates of arrest, incarceration, teenage pregnancy, and 
 35.34  other indicators of youth in trouble, and a list of local 
 35.35  resources dedicated to reducing these rates; 
 35.36     (18) describe a three-year financial plan for maintaining 
 36.1   the program; 
 36.2      (19) describe the role of local youth in developing all 
 36.3   aspects of the grant proposal; and 
 36.4      (20) describe the process by which the local private 
 36.5   industry council participated in, and reviewed the grant 
 36.6   application. 
 36.7      Sec. 12.  Minnesota Statutes 2000, section 124D.42, 
 36.8   subdivision 7, is amended to read: 
 36.9      Subd. 7.  [TRAINING AND EDUCATION REQUIREMENTS.] Each 
 36.10  grantee organization must assess and work to enhance the 
 36.11  educational level of each entering participant.  Each grantee 
 36.12  shall work to enhance the educational skills of each 
 36.13  participant.  The commission may coordinate or contract with 
 36.14  educational institutions or other providers for educational 
 36.15  services and evaluation.  All grantees shall give priority to 
 36.16  educating and training participants who do not have a high 
 36.17  school diploma or its equivalent, or who cannot afford 
 36.18  post-secondary training and education. 
 36.19     Sec. 13.  Minnesota Statutes 2000, section 124D.46, 
 36.20  subdivision 1, is amended to read: 
 36.21     Subdivision 1.  [GOALS ESTABLISHMENT.] To better prepare 
 36.22  all learners to make transitions between education and 
 36.23  employment, A comprehensive education and employment transitions 
 36.24  system is established that is driven by multisector partnerships 
 36.25  and takes a lifelong an integrated approach to workforce 
 36.26  development.  The goals of the statewide education and 
 36.27  employment transitions system are shall develop and implement 
 36.28  methods: 
 36.29     (1) to improve the skills learners need to achieve greater 
 36.30  levels of self-sufficiency through education, training, and 
 36.31  work; 
 36.32     (2) to improve work-related counseling and information 
 36.33  about career opportunities and vocational education programs 
 36.34  available to learners to facilitate workforce development; 
 36.35     (3) to integrate opportunities for work-based learning, 
 36.36  service-learning, and other applied learning methods into the 
 37.1   elementary, secondary, and post-secondary curriculum and state 
 37.2   and local graduation standards; 
 37.3      (4) to increase participation in employment opportunities 
 37.4   and demonstrate the relationship between education and 
 37.5   employment at the elementary, secondary, and post-secondary 
 37.6   education levels; 
 37.7      (5) to promote the efficient use of public and private 
 37.8   resources by coordinating elementary, secondary, and 
 37.9   post-secondary education with related government programs; 
 37.10     (6) (5) to expand educational options available to all 
 37.11  learners through collaborative efforts between school districts, 
 37.12  post-secondary institutions, employers, organized labor, 
 37.13  workers, learners, parents, community-based organizations, and 
 37.14  other interested parties; 
 37.15     (7) (6) to increase opportunities for women, minorities, 
 37.16  individuals with a disability, and at-risk learners to fully 
 37.17  participate in work-based learning; 
 37.18     (8) to establish performance standards for learners that 
 37.19  integrate state and local graduation standards and generally 
 37.20  recognized industry and occupational skill standards; and 
 37.21     (9) (7) to provide support systems including a unified 
 37.22  labor market information system; a centralized quality assurance 
 37.23  system with information on learner achievement, employer 
 37.24  satisfaction, and measurable system outcomes; a statewide 
 37.25  marketing system to promote the importance of lifework 
 37.26  development; a comprehensive professional development system for 
 37.27  public and private sector partners; and a comprehensive system 
 37.28  for providing technical support to local partnerships for 
 37.29  education and employment transitions. 
 37.30     Sec. 14.  Minnesota Statutes 2000, section 124D.47, 
 37.31  subdivision 2, is amended to read: 
 37.32     Subd. 2.  [YOUTH APPRENTICESHIP PROGRAMS.] (a) A 
 37.33  comprehensive youth apprenticeship program must require 
 37.34  representatives of secondary and post-secondary school systems, 
 37.35  affected local businesses, industries, occupations and labor, as 
 37.36  well as the local community, to be actively and collaboratively 
 38.1   involved in advising and managing the program and ensuring, in 
 38.2   consultation with local private industry councils, that the 
 38.3   youth apprenticeship program meets local labor market demands, 
 38.4   provides student apprentices with the high skill training 
 38.5   necessary for career advancement, meets applicable state 
 38.6   graduation requirements and labor standards, pays apprentices 
 38.7   for their work and provides support services to program 
 38.8   participants. 
 38.9      (b) Local employers, collaborating with labor organizations 
 38.10  where appropriate, must assist the program by analyzing 
 38.11  workplace needs, creating work-related curriculum, employing and 
 38.12  adequately paying youth apprentices engaged in work-related 
 38.13  learning in the workplace, training youth apprentices to become 
 38.14  skilled in an occupation, providing student apprentices with a 
 38.15  workplace mentor, periodically informing the school of an 
 38.16  apprentice's progress, and making a reasonable effort to employ 
 38.17  youth apprentices who successfully complete the program. 
 38.18     (c) A student participating in a comprehensive youth 
 38.19  apprenticeship program must sign a youth apprenticeship 
 38.20  agreement with participating entities that obligates youth 
 38.21  apprentices, their parents or guardians, employers, and schools 
 38.22  to meet program requirements; indicates how academic 
 38.23  instruction, work-based learning, and worksite learning and 
 38.24  experience will be integrated; ensures that successful youth 
 38.25  apprentices will receive a recognized credential of academic and 
 38.26  occupational proficiency; and establishes the wage rate and 
 38.27  other benefits for which youth apprentices are eligible while 
 38.28  employed during the program. 
 38.29     (d) Secondary school principals, counselors, or business 
 38.30  mentors familiar with the education to employment transitions 
 38.31  system must inform entering secondary school students about 
 38.32  available occupational and career opportunities and the option 
 38.33  of entering a youth apprenticeship or other work-based learning 
 38.34  program to obtain post-secondary academic and occupational 
 38.35  credentials. 
 38.36     Sec. 15.  Minnesota Statutes 2000, section 124D.50, 
 39.1   subdivision 2, is amended to read: 
 39.2      Subd. 2.  [SERVICE-LEARNING PROGRAMS DEVELOPED.] The 
 39.3   commissioner, in consultation with the commission, shall develop 
 39.4   a service-learning program curriculum that includes a policy 
 39.5   framework and strategies for youth community service and an 
 39.6   infrastructure for mentoring youth.  The commissioner shall 
 39.7   include in the curriculum at least the following: 
 39.8      (1) youth community service strategies that enable young 
 39.9   people to make significant contributions to the welfare of their 
 39.10  community through such organizations as schools, colleges, 
 39.11  government agencies, and community-based organizations or 
 39.12  through individual efforts; 
 39.13     (2) mentoring strategies that enable young people to be 
 39.14  matched with caring, responsible individuals who can encourage 
 39.15  and guide the young people in their personal growth and 
 39.16  development; 
 39.17     (3) guidelines, criteria, and procedures for community 
 39.18  service programs that incorporate the results of the study in 
 39.19  subdivision 1; and 
 39.20     (4) criteria for community service activities and 
 39.21  service-learning.  
 39.22     Sec. 16.  Minnesota Statutes 2000, section 124D.50, 
 39.23  subdivision 3, is amended to read: 
 39.24     Subd. 3.  [STRUCTURING PROGRAMS ACCORDING TO GRADE OR 
 39.25  EDUCATION LEVEL.] The service-learning curriculum framework must 
 39.26  accommodate students' grade level or the last completed grade 
 39.27  level of the participants not currently enrolled in school.  
 39.28  Schools must provide at least the following: 
 39.29     (1) for students in grades 7 to 9, an opportunity to learn 
 39.30  about service-learning activities and possible occupations; 
 39.31     (2) for students in grade 10, an opportunity to apply for 
 39.32  service-learning under section 124D.19 subdivision 10, and youth 
 39.33  apprenticeship programs; and 
 39.34     (3) for students in grades 11 and 12 and young people not 
 39.35  currently enrolled in school, an opportunity to become involved 
 39.36  in community service activities, participate in youth 
 40.1   apprenticeship programs, and, depending upon the individual's 
 40.2   demonstrated abilities, complete high school or pursue 
 40.3   post-secondary coursework. 
 40.4      Sec. 17.  Minnesota Statutes 2000, section 124D.65, 
 40.5   subdivision 6, is amended to read: 
 40.6      Subd. 6.  [PARTICIPATION OF NONPUBLIC SCHOOL PUPILS.] In 
 40.7   counting the number of pupils of limited English proficiency for 
 40.8   purposes of this section, districts may include pupils of 
 40.9   limited English proficiency who attend nonpublic schools in the 
 40.10  district.  A district which that counts those pupils and 
 40.11  receives aid pursuant to under this section must offer those 
 40.12  pupils the same programs on the same terms that it offers to 
 40.13  pupils of limited English proficiency who attend the public 
 40.14  school.  A program provided for a nonpublic school 
 40.15  pupil pursuant to under this subdivision must be provided at a 
 40.16  public school or, a neutral site as defined in section 123B.41, 
 40.17  subdivision 13, the nonpublic school or any other suitable 
 40.18  location.  The school district must make the final decision on 
 40.19  the location of these services.  Nonpublic school pupils served 
 40.20  by a district's educational program for pupils of limited 
 40.21  English proficiency must be counted for average daily membership 
 40.22  pursuant to under sections 126C.01, subdivisions 6 to 8, and 
 40.23  126C.19, subdivisions 1 to 4.  
 40.24     Sec. 18.  Minnesota Statutes 2000, section 124D.892, as 
 40.25  amended by Laws 2001, chapter 7, section 32, and First Special 
 40.26  Session chapter 6, article 2, sections 50 and 51, is amended to 
 40.27  read: 
 40.28     124D.892 [OFFICE OF DESEGREGATION/INTEGRATION.] 
 40.29     Subdivision 1.  [ESTABLISHMENT.] (a) An office of 
 40.30  desegregation/integration is established in The department 
 40.31  commissioner of children, families, and learning to must 
 40.32  coordinate and support activities related to student enrollment, 
 40.33  student and staff recruitment and retention, transportation, and 
 40.34  interdistrict cooperation among school districts.  
 40.35     (b) At the request of a school district involved in 
 40.36  cooperative desegregation/integration efforts, the office 
 41.1   commissioner shall perform any of the following activities: 
 41.2      (1) assist districts with interdistrict student transfers, 
 41.3   including student recruitment, counseling, placement, and 
 41.4   transportation; 
 41.5      (2) coordinate and disseminate information about schools 
 41.6   and programs; 
 41.7      (3) assist districts with new magnet schools and programs; 
 41.8      (4) assist districts in providing staff development and 
 41.9   in-service training; and 
 41.10     (5) coordinate and administer staff exchanges. 
 41.11     (c) The office commissioner shall collect data on the 
 41.12  efficacy of districts' desegregation/integration efforts and 
 41.13  make recommendations based on the data.  The office commissioner 
 41.14  shall periodically consult with the metropolitan council to 
 41.15  coordinate metropolitan school desegregation/integration efforts 
 41.16  with the housing, social, economic, and infrastructure needs of 
 41.17  the metropolitan area.  The office commissioner shall develop a 
 41.18  process for resolving students' disputes and grievances about 
 41.19  student transfers under a desegregation/integration plan.  
 41.20     Subd. 2.  [COORDINATION.] The commissioner may request 
 41.21  information or assistance from, or contract with, any state or 
 41.22  local agency or officer, local unit of government, or recognized 
 41.23  expert to assist the commissioner in performing the activities 
 41.24  described in subdivision 1.  
 41.25     Subd. 3.  [ADVISORY BOARD.] The commissioner shall 
 41.26  establish an advisory board composed of: 
 41.27     (1) nine superintendents, eight of whom are selected by the 
 41.28  superintendents of the school districts located in whole or in 
 41.29  part within each of the eight metropolitan districts established 
 41.30  under section 473.123, subdivision 3c, and one who is from a 
 41.31  district outside the seven-county metropolitan area that is 
 41.32  considered racially isolated or that has a racially isolated 
 41.33  school site according to Minnesota Rules, part 3535.0110; 
 41.34     (2) one person each selected by the Indian affairs council, 
 41.35  the council on Asian-Pacific Minnesotans, the council on Black 
 41.36  Minnesotans, and the council on affairs of Chicano/Latino 
 42.1   people; and 
 42.2      (3) the superintendent of independent school district No. 
 42.3   709, Duluth. 
 42.4      The advisory board shall advise the office commissioner on 
 42.5   complying with the requirements under subdivision 1.  The 
 42.6   advisory board may solicit comments from teachers, parents, 
 42.7   students, and interested community organizations and others. 
 42.8      The advisory board shall expire June 30, 2003.  
 42.9      Sec. 19.  Minnesota Statutes 2000, section 124D.94, 
 42.10  subdivision 4, is amended to read: 
 42.11     Subd. 4.  [FOUNDATION PROGRAMS.] The foundation may shall 
 42.12  develop programs that advance the concept of educational 
 42.13  excellence in Minnesota public and nonpublic schools and 
 42.14  communities through public-private partnerships.  These may 
 42.15  include, but are not limited to:  
 42.16     (a) recognition programs and awards for students 
 42.17  demonstrating academic excellence; 
 42.18     (b) summer institute programs for students with special 
 42.19  talents; 
 42.20     (c) recognition programs for teachers, administrators, and 
 42.21  others who contribute to academic excellence; 
 42.22     (d) summer mentorship programs with business and industry 
 42.23  for students with special career interests and high academic 
 42.24  achievements; 
 42.25     (e) governor's awards ceremonies and special campaigns to 
 42.26  promote awareness and expectation for academic achievement; 
 42.27     (f) an academic league to provide organized challenges 
 42.28  requiring cooperation and competition for public and nonpublic 
 42.29  pupils in elementary and secondary schools; 
 42.30     (g) systemic transformation initiatives and assistance and 
 42.31  training to community teams to increase school performance in 
 42.32  the state's education institutions through strategic quality 
 42.33  planning for continuous improvement, empowerment of multiple 
 42.34  stakeholders, validation of results via customer-supplier 
 42.35  relationships, and a total system approach based on best 
 42.36  practices in key process areas; and 
 43.1      (h) activities to measure customer satisfaction for 
 43.2   delivery of services to education institutions in order to plan 
 43.3   for and implement continuous improvement. 
 43.4      To the extent possible, the foundation shall make these 
 43.5   programs available to students in all parts of the state. 
 43.6      Sec. 20.  [REVISOR INSTRUCTION.] 
 43.7      In the next and subsequent editions of Minnesota Statutes 
 43.8   and Minnesota Rules, the revisor of statutes shall renumber each 
 43.9   section of Minnesota Statutes in column A with the number in 
 43.10  column B.  The revisor shall also make necessary cross-reference 
 43.11  changes consistent with the renumbering. 
 43.12           A                     B 
 43.13      124D.35              124D.46, subds. 5, 7 
 43.14      124D.46, subd. 4     268.665, subd. 7 
 43.15      124D.47, subd. 2     124D.46, subds. 6, 8
 43.16     Sec. 21.  [REPEALER.] 
 43.17     Minnesota Statutes 2000, sections 124D.02, subdivision 4; 
 43.18  124D.06; 124D.081, subdivision 1; 124D.118, subdivision 1; 
 43.19  124D.47, subdivision 1; 124D.91; 124D.92; and 124D.93, 
 43.20  subdivisions 2, 3, and 6, are repealed.  
 43.21                             ARTICLE 7 
 43.22                      EDUCATION AND TECHNOLOGY 
 43.23     Section 1.  Minnesota Statutes 2000, section 125B.05, 
 43.24  subdivision 1, is amended to read: 
 43.25     Subdivision 1.  [INFORMATION SYSTEM.] The department of 
 43.26  children, families, and learning shall develop and maintain a 
 43.27  computerized an information system for state information needs.  
 43.28     Sec. 2.  Minnesota Statutes 2000, section 125B.05, 
 43.29  subdivision 2, is amended to read: 
 43.30     Subd. 2.  [PURPOSES.] The purposes of the computerized 
 43.31  information system shall be:  
 43.32     (a) To provide comparable and accurate educational 
 43.33  information in a manner which is timely and economical; 
 43.34     (b) To ensure accountability for state appropriations; 
 43.35     (c) To collect data to assess the needs of learners and 
 43.36  children; 
 43.37     (d) To provide school districts with an educational 
 44.1   information system capability which will meet school district 
 44.2   management needs; and 
 44.3      (e) To provide for computerized analysis of educational 
 44.4   information to meet the management needs of the state of 
 44.5   Minnesota. 
 44.6      Sec. 3.  [REPEALER.] 
 44.7      Minnesota Statutes 2000, section 125B.02, is repealed.  
 44.8                              ARTICLE 8 
 44.9                  STATE ADMINISTRATION OF EDUCATION 
 44.10     Section 1.  Minnesota Statutes 2000, section 127A.05, 
 44.11  subdivision 3, is amended to read: 
 44.12     Subd. 3.  [GENERAL SUPERVISION OVER PUBLIC SCHOOLS AND 
 44.13  EDUCATIONAL AGENCIES.] The commissioner of children, families, 
 44.14  and learning shall adopt goals for and exercise general 
 44.15  supervision over public schools and other public educational 
 44.16  agencies in the state, classify and standardize public 
 44.17  elementary and secondary schools, and prepare for them outlines 
 44.18  and suggested courses of study.  The commissioner shall develop 
 44.19  a plan to attain the adopted goals serving elementary or 
 44.20  secondary students.  The commissioner may recognize educational 
 44.21  accrediting agencies for the sole purposes of sections 120A.22, 
 44.22  120A.24, and 120A.26. 
 44.23     Sec. 2.  Minnesota Statutes 2000, section 127A.06, is 
 44.24  amended to read: 
 44.25     127A.06 [RECOMMENDATIONS; BUDGET.] 
 44.26     The commissioner of children, families, and learning shall 
 44.27  recommend to the governor and legislature such modification and 
 44.28  unification of laws relating to the state system of education as 
 44.29  shall make those laws more readily understood and more effective 
 44.30  in execution.  The commissioner of children, families, and 
 44.31  learning shall prepare a biennial education budget which shall 
 44.32  be submitted to the governor and legislature, such budget to 
 44.33  contain a complete statement of finances pertaining to the 
 44.34  maintenance operations of the state department and to the 
 44.35  distribution of state aid.  
 44.36     Sec. 3.  Minnesota Statutes 2000, section 127A.41, 
 45.1   subdivision 7, is amended to read: 
 45.2      Subd. 7.  [SCHEDULE ADJUSTMENTS.] (a) It is the intention 
 45.3   of the legislature to encourage efficient and effective use of 
 45.4   staff and facilities by districts.  Districts are encouraged to 
 45.5   consider both cost and energy saving measures. 
 45.6      (b) Any district operating a program pursuant to sections 
 45.7   124D.12 to 124D.127, 124D.128, or 124D.25 to 124D.29, or 
 45.8   operating a commissioner-designated area learning center program 
 45.9   under section 123A.09, or that otherwise receives the approval 
 45.10  of the commissioner to operate its instructional program to 
 45.11  avoid an aid reduction in any year, may adjust the annual school 
 45.12  schedule for that program throughout the calendar year.  
 45.13     Sec. 4.  [REPEALER.] 
 45.14     Minnesota Statutes 2000, section 127A.41, subdivision 4, is 
 45.15  repealed.  
 45.16                             ARTICLE 9 
 45.17                 PERPICH CENTER FOR ARTS EDUCATION 
 45.18     Section 1.  Minnesota Statutes 2001 Supplement, section 
 45.19  129C.10, subdivision 3, is amended to read: 
 45.20     Subd. 3.  [POWERS AND DUTIES OF BOARD.] (a) The board has 
 45.21  the powers necessary for the care, management, and control of 
 45.22  the Perpich center for arts education and all its real and 
 45.23  personal property.  The powers shall include, but are not 
 45.24  limited to, those listed in this subdivision. 
 45.25     (b) The board may employ and discharge necessary employees, 
 45.26  and contract for other services to ensure the efficient 
 45.27  operation of the center for arts education. 
 45.28     (c) The board may receive and award grants.  The board may 
 45.29  establish a charitable foundation and accept, in trust or 
 45.30  otherwise, any gift, grant, bequest, or devise for educational 
 45.31  purposes and hold, manage, invest, and dispose of them and the 
 45.32  proceeds and income of them according to the terms and 
 45.33  conditions of the gift, grant, bequest, or devise and its 
 45.34  acceptance.  The board must adopt internal procedures to 
 45.35  administer and monitor aids and grants. 
 45.36     (d) The board may establish or coordinate evening, 
 46.1   continuing education, extension, and summer programs for 
 46.2   teachers and pupils. 
 46.3      (e) The board may identify pupils who have artistic talent, 
 46.4   either demonstrated or potential, in dance, literary arts, media 
 46.5   arts, music, theater, and visual arts, or in more than one art 
 46.6   form. 
 46.7      (f) The board must educate pupils with artistic talent by 
 46.8   providing:  
 46.9      (1) an interdisciplinary academic and arts program for 
 46.10  pupils in the 11th and 12th grades.  The total number of pupils 
 46.11  accepted under this clause and clause (2) shall not exceed 310; 
 46.12     (2) additional instruction to pupils for a 13th grade. 
 46.13  Pupils eligible for this instruction are those enrolled in 12th 
 46.14  grade who need extra instruction and who apply to the board, or 
 46.15  pupils enrolled in the 12th grade who do not meet learner 
 46.16  outcomes established by the board; 
 46.17     (3) intensive arts seminars for one or two weeks for pupils 
 46.18  in grades 9 7 to 12; 
 46.19     (4) (3) summer arts institutes for pupils in grades 9 7 to 
 46.20  12; 
 46.21     (5) artist mentor and (4) extension programs in regional 
 46.22  sites; and 
 46.23     (6) (5) teacher education programs for indirect curriculum 
 46.24  delivery. 
 46.25     (g) The board may determine the location for the Perpich 
 46.26  center for arts education and any additional facilities related 
 46.27  to the center, including the authority to lease a temporary 
 46.28  facility. 
 46.29     (h) (e) The board must plan for the enrollment of pupils on 
 46.30  an equal basis from each congressional district.  
 46.31     (i) The board may establish task forces as needed to advise 
 46.32  the board on policies and issues.  The task forces expire as 
 46.33  provided in section 15.059, subdivision 6.  
 46.34     (j) The board may request the commissioner of children, 
 46.35  families, and learning for assistance and services. 
 46.36     (k) (f) The board may enter into contracts with other 
 47.1   public and private agencies and institutions for residential and 
 47.2   building maintenance services if it determines that these 
 47.3   services could be provided more efficiently and less expensively 
 47.4   by a contractor than by the board itself.  The board may also 
 47.5   enter into contracts with public or private agencies and 
 47.6   institutions, school districts or combinations of school 
 47.7   districts, or service cooperatives to provide supplemental 
 47.8   educational instruction and services. 
 47.9      (l) (g) The board may provide or contract for services and 
 47.10  programs by and for the center for arts education, including a 
 47.11  store, operating in connection with the center; theatrical 
 47.12  events; and other programs and services that, in the 
 47.13  determination of the board, serve the purposes of the center. 
 47.14     (m) (h) The board may provide for transportation of pupils 
 47.15  to and from the center for arts education for all or part of the 
 47.16  school year, as the board considers advisable and subject to its 
 47.17  rules.  Notwithstanding any other law to the contrary, and the 
 47.18  board may charge a reasonable fee for transportation of pupils.  
 47.19  Every driver providing transportation of pupils under this 
 47.20  paragraph must possess all qualifications required by the 
 47.21  commissioner of children, families, and learning.  The board may 
 47.22  contract for furnishing authorized transportation under rules 
 47.23  established by the commissioner of children, families, and 
 47.24  learning and may purchase and furnish gasoline to a contract 
 47.25  carrier for use in the performance of a contract with the board 
 47.26  for transportation of pupils to and from the center for arts 
 47.27  education.  When transportation is provided, scheduling of 
 47.28  routes, establishment of the location of bus stops, the manner 
 47.29  and method of transportation, the control and discipline of 
 47.30  pupils, and any other related matter is within the sole 
 47.31  discretion, control, and management of the board. 
 47.32     (n) (i) The board may provide room and board for its pupils.
 47.33  If the board provides room and board, it shall charge a 
 47.34  reasonable fee for the room and board.  The fee is not subject 
 47.35  to chapter 14 and is not a prohibited fee according to sections 
 47.36  123B.34 to 123B.39.  
 48.1      (o) (j) The board may establish and set fees for services 
 48.2   and programs.  If the board sets fees not authorized or 
 48.3   prohibited by the Minnesota public school fee law, it may do so 
 48.4   without complying with the requirements of section 123B.38.  
 48.5      (p) (k) The board may apply for all competitive grants 
 48.6   administered by agencies of the state and other government or 
 48.7   nongovernment sources.