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Capital IconMinnesota Legislature
Office of the Revisor of Statutes

HF 4040

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
Rtf

Bill Text Versions

Engrossments
Introduction Posted on 03/30/2006
1st Engrossment Posted on 04/12/2006

Current Version - 1st Engrossment

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 1.38 2.1 2.2 2.3 2.4 2.5 2.6 2.7
2.8 2.9
2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31
2.32 2.33 2.34 2.35 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29
3.30 3.31 3.32 3.33 3.34 3.35 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29
4.30 4.31 4.32 4.33 4.34 4.35 5.1 5.2 5.3 5.4 5.5 5.6
5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 6.1 6.2 6.3 6.4 6.5
6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19
6.20 6.21 6.22 6.23
6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20
7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 7.35
8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29
8.30 8.31 8.32 8.33 8.34 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15
9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24
9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14
10.15 10.16 10.17 10.18 10.19 10.20
10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29
10.30
10.31 10.32 10.33 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25
11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 11.34 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28
12.29 12.30 12.31 12.32 12.33 12.34 13.1 13.2
13.3
13.4 13.5 13.6 13.7 13.8 13.9
13.10
13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18
14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 14.34 14.35 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 15.35 15.36 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23
16.24 16.25
16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 16.34 16.35 17.1 17.2
17.3
17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 17.34 18.1 18.2 18.3
18.4
18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16
18.17
18.18 18.19 18.20 18.21 18.22
18.23
18.24 18.25 18.26 18.27 18.28 18.29
19.1 19.2
19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15
19.16
19.17 19.18
19.19 19.20
19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11
20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 20.34 20.35 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 21.34 21.35 21.36 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15
22.16
22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 22.34 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12
23.13
23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24
23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 23.33 23.34 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 24.33 24.34 24.35 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 25.33 25.34 25.35 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24
26.25 26.26
26.27 26.28 26.29 26.30 26.31 26.32 26.33 26.34 26.35 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13
27.14
27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29
27.30 27.31
27.32 28.1 28.2 28.3
28.4
28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13
28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 28.34 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30
29.31
29.32 29.33 29.34 29.35 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28
30.29
30.30 30.31 30.32 30.33 30.34 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17
31.18
31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 31.34 31.35 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 32.34 32.35 32.36 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16
33.17
33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32
33.33
34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32 34.33 34.34 34.35 34.36 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21
35.22
35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 35.33 35.34 35.35 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 36.34
36.35 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33 37.34 37.35 37.36 38.1 38.2 38.3 38.4
38.5
38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29
38.30 38.31 38.32 38.33 38.34 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27
39.28 39.29 39.30 39.31 39.32 39.33 39.34 39.35 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26
40.27 40.28 40.29 40.30 40.31 40.32 40.33 40.34 40.35 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16
41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 41.34 41.35 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10
42.11
42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33 42.34 42.35 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33 43.34 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 44.33 44.34 44.35 44.36 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9
45.10 45.11
45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31
45.32
46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9
46.10 46.11
46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32
46.33 46.34 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8
47.9
47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20
47.21
47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 48.32
48.33
49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20
49.21
49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 49.33 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 50.33 50.34 50.35 51.1 51.2
51.3
51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 51.32 51.33 51.34 51.35 52.1
52.2
52.3 52.4 52.5 52.6 52.7
52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 52.33 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32 53.33 53.34 53.35 53.36 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16
54.17
54.18 54.19 54.20 54.21
54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24
55.25
55.26 55.27 55.28 55.29 55.30
55.31
56.1 56.2
56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27
56.28 56.29
56.30 56.31 56.32 56.33 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 57.33 57.34
57.35
58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11
58.12
58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 58.33 58.34 58.35 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 59.33 59.34 59.35 59.36 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8
60.9
60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 60.33 60.34 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14
61.15 61.16
61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25
61.26 61.27 61.28 61.29 61.30 61.31 61.32 61.33 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29
62.30 62.31 62.32 62.33 62.34 62.35 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32
63.33 63.34 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33 64.34 64.35 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27
65.28 65.29 65.30 65.31 65.32 65.33 65.34 65.35 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30
66.31 66.32 66.33 66.34 66.35 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20
67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32 67.33 67.34 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22
68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32
68.33 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11
69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 69.33 69.34 69.35 70.1 70.2 70.3 70.4
70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12
70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20
70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30
70.31 70.32 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9
71.10 71.11 71.12 71.13 71.14 71.15
71.16 71.17 71.18 71.19 71.20
71.21
71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11
72.12
72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 72.33 72.34 72.35 73.1 73.2 73.3
73.4
73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26
73.27 73.28 73.29 73.30 73.31
73.32
74.1 74.2 74.3
74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28
74.29 74.30
74.31 74.32 74.33
75.1 75.2
75.3 75.4 75.5 75.6
75.7
75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20
75.21
75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9
76.10
76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 76.33 76.34 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 77.33 77.34 77.35 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 78.33 78.34 78.35 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 79.32 79.33 79.34 79.35 79.36 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9
80.10
80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32 80.33 80.34 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12
81.13
81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31
81.32
81.33 82.1 82.2 82.3 82.4 82.5
82.6
82.7 82.8 82.9 82.10 82.11 82.12
82.13 82.14 82.15 82.16 82.17
82.18
82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31
83.1 83.2
83.3 83.4 83.5 83.6 83.7 83.8 83.9
83.10 83.11
83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22
83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 84.1 84.2 84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31 84.32 84.33
84.34 84.35
85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24
85.25
85.26 85.27 85.28 85.29 85.30 85.31 85.32 85.33 85.34 85.35 86.1 86.2 86.3
86.4
86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21
86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 86.31 86.32 86.33 86.34 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9
87.10
87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22 87.23
87.24
87.25 87.26 87.27 87.28 87.29 87.30 87.31 87.32
87.33
88.1 88.2 88.3 88.4 88.5 88.6
88.7
88.8 88.9 88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28 88.29 88.30 88.31 88.32
88.33
89.1 89.2
89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28 89.29 89.30 89.31 89.32 89.33 89.34 89.35 90.1 90.2 90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17
90.18
90.19 90.20 90.21 90.22 90.23
90.24
90.25 90.26 90.27 90.28 90.29 90.30 90.31 90.32 90.33 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13 91.14 91.15 91.16 91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 91.32 91.33 91.34 91.35 91.36 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31 92.32 92.33 92.34 92.35 92.36 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27
93.28
93.29 93.30 93.31 93.32 93.33 93.34 93.35 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30
94.31
94.32 94.33 94.34 95.1 95.2
95.3
95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13 95.14 95.15 95.16 95.17
95.18
95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 95.30 95.31 95.32 95.33 96.1 96.2
96.3
96.4 96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23
96.24
96.25 96.26 96.27 96.28 96.29
96.30
96.31 97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24
97.25
97.26 97.27 97.28
97.29
97.30 97.31
97.32 97.33 98.1 98.2 98.3 98.4 98.5 98.6 98.7
98.8
98.9 98.10
98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25
98.26 98.27
98.28 98.29 99.1 99.2 99.3
99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20 99.21 99.22 99.23 99.24 99.25
99.26 99.27 99.28 99.29 99.30 99.31 99.32 99.33 99.34 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10
100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19
100.20 100.21
100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 101.32 101.33 101.34 101.35 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 102.32 102.33 102.34 102.35 102.36
103.1 103.2
103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22
103.23 103.24
103.25 103.26 103.27 103.28 103.29 103.30 103.31 103.32 103.33 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 104.32 104.33 104.34 104.35 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8
105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 105.32 105.33 105.34 105.35 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 106.32 106.33 106.34 106.35 107.1 107.2 107.3 107.4
107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17
107.18
107.19 107.20 107.21 107.22 107.23 107.24
107.25
107.26 107.27 107.28 107.29 107.30 107.31 107.32 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9
108.10 108.11
108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 108.32 108.33 109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21
109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31 109.32
109.33
109.34 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10
110.11
110.12 110.13
110.14 110.15
110.16 110.17
110.18 110.19 110.20 110.21 110.22 110.23 110.24 110.25 110.26 110.27 110.28
110.29
111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11
111.12
111.13 111.14 111.15 111.16 111.17 111.18 111.19
111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 111.31
112.1
112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13
112.14
112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26
112.27
112.28 112.29 113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8 113.9 113.10
113.11
113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20
113.21
113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 114.1 114.2
114.3
114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15
114.16
114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28
114.29
115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11
115.12
115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22
115.23
115.24 115.25 115.26 115.27 116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8
116.9
116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21
116.22
116.23 116.24 116.25 116.26 116.27 116.28 117.1 117.2 117.3
117.4
117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15
117.16
117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28
117.29
118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11
118.12
118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20
118.21
118.22 118.23 118.24 118.25 118.26 118.27 118.28 118.29 118.30
119.1
119.2 119.3 119.4 119.5 119.6 119.7 119.8 119.9 119.10 119.11 119.12
119.13
119.14 119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23
119.24
119.25 119.26 119.27 119.28 120.1 120.2 120.3 120.4 120.5 120.6 120.7
120.8
120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20
120.21
120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 121.1 121.2 121.3 121.4
121.5
121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13 121.14 121.15 121.16 121.17
121.18
121.19 121.20 121.21 121.22 121.23 121.24 121.25 121.26 121.27 121.28 121.29 121.30 121.31
122.1
122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13
122.14
122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22 122.23
122.24 122.25 122.26 122.27 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8
123.9
123.10 123.11
123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20 123.21 123.22 123.23 123.24
123.25 123.26 123.27 123.28 123.29 123.30 123.31 124.1 124.2 124.3 124.4 124.5 124.6 124.7 124.8 124.9 124.10 124.11 124.12 124.13 124.14 124.15 124.16 124.17 124.18 124.19
124.20 124.21 124.22 124.23 124.24 124.25 124.26 124.27 124.28 124.29 124.30 124.31 124.32 124.33 124.34 124.35 125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19 125.20 125.21 125.22 125.23 125.24 125.25 125.26 125.27 125.28 125.29 125.30 125.31 125.32 125.33 125.34 125.35 125.36 126.1 126.2 126.3
126.4 126.5 126.6 126.7 126.8 126.9 126.10 126.11 126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25
126.26 126.27 126.28 126.29 126.30 126.31 126.32 126.33 126.34 127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21
127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30 127.31 127.32 127.33 127.34 127.35 128.1 128.2 128.3 128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20 128.21 128.22 128.23 128.24 128.25 128.26 128.27 128.28 128.29 128.30 128.31 128.32 128.33 128.34 128.35 128.36 129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8 129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29 129.30 129.31 129.32 129.33 129.34 129.35 129.36 130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31 130.32 130.33 130.34 130.35 130.36 131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8 131.9 131.10 131.11 131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30 131.31 131.32 131.33 131.34 131.35 132.1 132.2 132.3 132.4 132.5 132.6 132.7

A bill for an act
 relating to education; providing for early childhood, family, and kindergarten
through grade 12 education including general education, education excellence,
special programs, facilities and technology, school district accounting, pupil
transportation, early childhood education, prevention and community education
programs, self-sufficiency and lifelong learning, state agencies, forecast
adjustments, and technical and conforming amendments; establishing task
forces; authorizing rulemaking; appropriating money; amending Minnesota
Statutes 2004, sections 120A.20, subdivision 1; 120A.22, subdivision 3;
120B.023; 120B.024; 120B.36, subdivision 1; 121A.035; 121A.15, subdivision
10; 122A.09, subdivision 4; 122A.18, subdivision 2, by adding a subdivision;
122A.40, subdivision 13; 123A.06, subdivision 2; 123A.44; 123A.441;
123A.442; 123A.443; 123B.10, subdivision 1; 123B.143, subdivision 1;
123B.53, subdivision 5; 123B.749; 123B.77, subdivision 3, by adding a
subdivision; 123B.79, by adding a subdivision; 123B.90, subdivision 2; 123B.91,
by adding a subdivision; 124D.02, subdivisions 2, 4; 124D.10, subdivisions 3,
16; 124D.11, subdivision 9; 124D.518, subdivision 4; 124D.52, subdivision 1;
124D.61; 124D.68, subdivision 3; 124D.86, subdivision 3; 125A.02, subdivision
1; 125A.18; 125A.27, subdivision 11; 125A.29; 125A.30; 125A.32; 125A.33;
125A.48; 125A.515, subdivisions 1, 3, 5, 6, 7, 9, 10; 125A.62, subdivision
1; 125A.63, subdivision 4; 125A.65, subdivisions 3, 4, 6, 8, 10; 125A.69,
subdivision 3; 125A.75, subdivision 1; 125A.76, by adding a subdivision;
126C.05, subdivision 1; 126C.10, subdivisions 6, 29; 126C.44; 127A.41,
subdivision 2; 169.01, subdivision 6; 169.447, subdivision 2; 169.4501,
subdivisions 1, 2; 169.4502, subdivision 5; 169.4503, subdivision 20; 171.321,
subdivision 4; 299F.30; 626.556, subdivision 3c; Minnesota Statutes 2005
Supplement, sections 120B.11, subdivision 2; 120B.131, subdivision 2; 121A.53,
subdivision 1; 122A.415, subdivisions 1, 3; 122A.628; 123B.04, subdivision
2; 123B.53, subdivision 1; 123B.75, subdivision 5; 123B.76, subdivision 3;
123B.92, subdivision 1; 124D.095, subdivision 4; 124D.10, subdivision 6;
124D.68, subdivision 2; 125A.11, subdivision 1; 125A.28; 125A.79, subdivision
1; 126C.10, subdivisions 13a, 24, 34; 126C.17, subdivision 9; 126C.43,
subdivision 2; 127A.45, subdivisions 2, 10; 626.556, subdivision 2; Laws 2003,
First Special Session chapter 9, article 2, section 51; Laws 2005, First Special
Session chapter 5, article 1, sections 47; 54, subdivisions 2, 3, 5, 6, 7, 8; article
2, sections 81; 84, subdivisions 2, 3, 4, 6, 7, 10, 13, 16; article 3, section 18,
subdivisions 2, 3, 4, 5, 6, 7; article 4, section 25, subdivisions 2, 3, 4; article 5,
section 17, subdivisions 2, 3; article 6, section 1, subdivisions 2, 3, 5; article
7, section 20, subdivisions 2, 3, 4, 5; article 8, section 8, subdivisions 2, 3, 5;
article 9, section 4, subdivision 2; article 10, section 5, subdivision 2; proposing
coding for new law in Minnesota Statutes, chapters 120B; 121A; 122A; 123A;
123B; 124D; repealing Minnesota Statutes 2004, sections 120A.20, subdivision
3; 122A.24; 125A.10; 125A.515, subdivision 2; 169.4502, subdivision 15;
169.4503, subdivisions 17, 18, 26.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

GENERAL EDUCATION

Section 1.

Minnesota Statutes 2004, section 120A.20, subdivision 1, is amended to
read:


Subdivision 1.

Age limitations; pupils.

new text begin (a) new text end All schools supported in whole or
in part by state funds are public schools. Admission to a public school is free to any
person whonew text begin : (1)new text end resides within the district that operates the schooldeleted text begin , whodeleted text end new text begin ; (2)new text end is under 21
years of agedeleted text begin ,deleted text end new text begin or who meets the requirements of paragraph (c);new text end and deleted text begin whodeleted text end new text begin (3) new text end satisfies the
minimum age requirements imposed by this section. Notwithstanding the provisions of
any law to the contrary, the conduct of all students under 21 years of age attending a
public secondary school is governed by a single set of reasonable rules and regulations
promulgated by the school board.

deleted text begin Nodeleted text end new text begin (b) Anew text end person shall new text begin not new text end be admitted to deleted text begin anydeleted text end new text begin anew text end public school (1) as a kindergarten
pupil, unless the pupil is at least five years of age on September 1 of the calendar year in
which the school year for which the pupil seeks admission commences; or (2) as a 1st
grade student, unless the pupil is at least six years of age on September 1 of the calendar
year in which the school year for which the pupil seeks admission commences or has
completed kindergarten; except that any school board may establish a policy for admission
of selected pupils at an earlier age.

new text begin (c) A pupil who becomes age 21 after enrollment is eligible for continued free public
school enrollment until at least one of the following occurs: (1) the first September 1 after
the pupil's 21st birthday; (2) the pupil's completion of the graduation requirements; (3)
the pupil's withdrawal with no subsequent enrollment within 21 calendar days; or (4)
the end of the school year.
 new text end

Sec. 2.

Minnesota Statutes 2005 Supplement, section 122A.415, subdivision 1, is
amended to read:


Subdivision 1.

Revenue amount.

(a) A school district, intermediate school district,
school site, or charter school that meets the conditions of section 122A.414 and submits an
application approved by the commissioner is eligible for alternative teacher compensation
revenue.

(b) For school district and intermediate school district applications, the commissioner
must consider only those applications to participate that are submitted jointly by a
district and the exclusive representative of the teachers. The application must contain an
alternative teacher professional pay system agreement that:

(1) implements an alternative teacher professional pay system consistent with
section 122A.414; and

(2) is negotiated and adopted according to the Public Employment Labor Relations
Act under chapter 179A, except that notwithstanding section 179A.20, subdivision 3, a
district may enter into a contract for a term of two or four years.

Alternative teacher compensation revenue for a qualifying school district or site in
which the school board and the exclusive representative of the teachers agree to place
teachers in the district or at the site on the alternative teacher professional pay system
equals $260new text begin times the ratio of the formula allowance for the current fiscal year to the
formula allowance for fiscal year 2007new text end times the number of pupils enrolled at the district
or site on October 1 of the previous fiscal year. Alternative teacher compensation revenue
for a qualifying intermediate school district must be calculated under section 126C.10,
subdivision 34, paragraphs (a) and (b).

(c) For a newly combined or consolidated district, the revenue shall be computed
using the sum of pupils enrolled on October 1 of the previous year in the districts entering
into the combination or consolidation. The commissioner may adjust the revenue
computed for a site using prior year data to reflect changes attributable to school closings,
school openings, or grade level reconfigurations between the prior year and the current
year.

(d) The revenue is available only to school districts, intermediate school districts,
school sites, and charter schools that fully implement an alternative teacher professional
pay system by October 1 of the current school year.

new text begin (e) The revenue must be maintained in a reserve account within the general fund.
 new text end

Sec. 3.

Minnesota Statutes 2005 Supplement, section 122A.415, subdivision 3, is
amended to read:


Subd. 3.

Revenue timing.

(a) Districts, intermediate school districts, school sites,
or charter schools with approved applications must receive alternative compensation
revenue for each school year that the district, intermediate school district, school site,
or charter school implements an alternative teacher professional pay system under this
subdivision and section 122A.414. For fiscal year 2007 and later, a qualifying district,
intermediate school district, school site, or charter school that received alternative teacher
compensation aid for the previous fiscal year must receive at least an amount of alternative
teacher compensation revenue equal to the lesser of the amount it received for the previous
fiscal year or the amount it qualifies for under subdivision 1 for the current fiscal year if
the district, intermediate school district, school site, or charter school submits a timely
application and the commissioner determines that the district, intermediate school district,
school site, or charter school continues to implement an alternative teacher professional
pay system, consistent with its application under this section.

(b) The commissioner shall approve applications that comply with subdivision 1,
and section 122A.414, subdivisions 2, paragraph (b), and 2a, if the applicant is a charter
school, in the order in which they are received, select applicants that qualify for this
program, notify school districts, intermediate school districts, school sites, and charter
schools about the program, develop and disseminate application materials, and carry out
other activities needed to implement this section.

(c) For applications approved under this section before August 1 of the fiscal year for
which the aid is paid, the portion of the state total basic alternative teacher compensation
aid entitlement allocated to charter schools must not exceed $522,000 for fiscal year
2006 and $3,374,000 for fiscal year 2007. For fiscal year 2008 and later, the portion of
the state total basic alternative teacher compensation aid entitlement allocated to charter
schools must not exceed the product of $3,374,000 times the ratio of the state total charter
school enrollment for the previous fiscal year to the state total charter school enrollment
for deleted text begin the second previous yeardeleted text end new text begin fiscal year 2006 times the ratio of the formula allowance for
the current fiscal year to the formula allowance for fiscal year 2007new text end . Additional basic
alternative teacher compensation aid may be approved for charter schools after August 1,
not to exceed the charter school limit for the following fiscal year, if the basic alternative
teacher compensation aid entitlement for school districts new text begin and intermediate school districts
new text end based on applications approved by August 1 does not expend the remaining amount under
the limit.

Sec. 4.

Minnesota Statutes 2004, section 123A.06, subdivision 2, is amended to read:


Subd. 2.

People to be served.

A center shall provide programs for secondary
pupils and adults. A center may also provide programs and services for elementary and
secondary pupils who are not attending the center to assist them in being successful in
school. A center shall use research-based best practices for serving limited English
proficient students and their parents. An individual education plan team may identify a
center as an appropriate placement to the extent a center can provide the student with the
appropriate special education services described in the student's plan. Pupils eligible to
be served are those deleted text begin age five to adults 22 and olderdeleted text end who qualify under the graduation
incentives program in section 124D.68, subdivision 2, new text begin those enrolled under section
124D.02, subdivision 2, new text end or those pupils who are eligible to receive special education
services under sections 125A.03 to 125A.24, and 125A.65.

Sec. 5.

Minnesota Statutes 2005 Supplement, section 123B.76, subdivision 3, is
amended to read:


Subd. 3.

Expenditures by building.

(a) For the purposes of this section, "building"
means education site as defined in section 123B.04, subdivision 1.

(b) Each district shall maintain separate accounts to identify general fund
expenditures for each building. All expenditures for regular instruction, secondary
vocational instruction, and school administration must be reported to the department
separately for each building. All expenditures for special education instruction,
instructional support services, and pupil support services provided within a specific
building must be reported to the department separately for each building. Salary
expenditures reported by building must reflect actual salaries for staff at the building and
must not be based on districtwide averages. All other general fund expenditures may be
reported by building or on a districtwide basis.

(c) The department must annually report information showing school district general
fund expenditures per pupil by program category for each building and estimated school
district general fund revenue generated by pupils attending each building on its Web
site. For purposes of this report:

(1) expenditures not reported by building shall be allocated among buildings on a
uniform per pupil basis;

(2) basic skills revenue shall be allocated according to section 126C.10, subdivision
4;

(3) secondary sparsity revenue and elementary sparsity revenue shall be allocated
according to section 126C.10, subdivisions 7 and 8;

(4) new text begin alternative teacher compensation revenue shall be allocated according to section
122A.415, subdivision 1;
new text end

new text begin (5) new text end other general education revenue shall be allocated on a uniform per pupil unit
basis;

deleted text begin (5)deleted text end new text begin (6) new text end first grade preparedness aid shall be allocated according to section 124D.081;

deleted text begin (6)deleted text end new text begin (7) new text end state and federal special education aid and Title I aid shall be allocated in
proportion to district expenditures for these programs by building; and

deleted text begin (7)deleted text end new text begin (8) new text end other general fund revenues shall be allocated on a uniform per pupil basis,
except that the department may allocate other revenues attributable to specific buildings
directly to those buildings.

Sec. 6.

Minnesota Statutes 2004, section 124D.02, subdivision 2, is amended to read:


Subd. 2.

Secondary school programs.

The board may permit a person who is over
the age of 21 or who has graduated from high school to enroll deleted text begin as a part-time studentdeleted text end in a
class or program at a secondary school if there is space available. In determining if there is
space available, deleted text begin full-timedeleted text end public school studentsdeleted text begin ,deleted text end new text begin eligible for free enrollment under section
120A.20, subdivision 1, andnew text end shared-time studentsnew text begin shall be given priority over students
seeking enrollment under this subdivisionnew text end , and students returning to complete a regular
course of study shall be given priority over deleted text begin part-timedeleted text end new text begin othernew text end students seeking enrollment
pursuant to this subdivision. The following are not prerequisites for enrollment:

(1) residency in the school district;

(2) United States citizenship; or

(3) for a person over the age of 21, a high school diploma or equivalency certificate.
A person may enroll in a class or program even if that person attends evening school, an
adult or continuing education, or a postsecondary educational program or institution.

Sec. 7.

Minnesota Statutes 2004, section 124D.02, subdivision 4, is amended to read:


Subd. 4.

deleted text begin Part-timedeleted text end Student feenew text begin allowednew text end .

Notwithstanding the provisions of
sections 120A.20 and 123B.37, a board may charge a deleted text begin part-timedeleted text end student new text begin enrolled under
subdivision 2 new text end a reasonable fee for a class or program.

Sec. 8.

Minnesota Statutes 2005 Supplement, section 124D.68, subdivision 2, is
amended to read:


Subd. 2.

Eligible pupils.

deleted text begin The following pupils aredeleted text end new text begin A pupil under the age of 21 or
who meets the requirements of section 120A.20, subdivision 1, paragraph (c), isnew text end eligible to
participate in the graduation incentives programnew text begin , if the pupilnew text end :

deleted text begin (a) any pupil under the age of 21 who:
 deleted text end

(1) performs substantially below the performance level for pupils of the same age
in a locally determined achievement test;

(2) is at least one year behind in satisfactorily completing coursework or obtaining
credits for graduation;

(3) is pregnant or is a parent;

(4) has been assessed as chemically dependent;

(5) has been excluded or expelled according to sections 121A.40 to 121A.56;

(6) has been referred by a school district for enrollment in an eligible program or
a program pursuant to section 124D.69;

(7) is a victim of physical or sexual abuse;

(8) has experienced mental health problems;

(9) has experienced homelessness sometime within six months before requesting a
transfer to an eligible program;

(10) speaks English as a second language or has limited English proficiency; or

(11) has withdrawn from school or has been chronically truantdeleted text begin ; ordeleted text end new text begin .
new text end

deleted text begin (b) any person who is at least 21 years of age and who:
 deleted text end

deleted text begin (1) has received fewer than 14 years of public or nonpublic education, beginning
at age 5;
 deleted text end

deleted text begin (2) has not completed the requirements for a high school diploma; and
 deleted text end

deleted text begin (3) at the time of application, (i) is eligible for unemployment benefits or has
exhausted the benefits, (ii) is eligible for, or is receiving income maintenance and support
services, as defined in section deleted text begin 116L.19, subdivision 5deleted text end , or (iii) is eligible for services under
the displaced homemaker program or any programs under the federal Jobs Training
Partnership Act or its successor.
 deleted text end

Sec. 9.

Minnesota Statutes 2004, section 124D.68, subdivision 3, is amended to read:


Subd. 3.

Eligible programs.

(a) A pupil who is eligible according to subdivision 2
may enroll in area learning centers under sections 123A.05 to 123A.08.

(b) A pupil who is eligible according to subdivision 2 and who is between the ages
of 16 and 21 may enroll in postsecondary courses under section 124D.09.

(c) A pupil who is eligible under subdivision 2, may enroll in any public elementary
or secondary education program. deleted text begin However, a person who is eligible according to
subdivision 2, clause (b), may enroll only if the school board has adopted a resolution
approving the enrollment.
deleted text end

(d) A pupil who is eligible under subdivision 2, may enroll in any nonpublic,
nonsectarian school that has contracted with the serving school district to provide
educational services.

(e) A pupil who is between the ages of 16 and 21 may enroll in any adult basic
education programs approved under section 124D.52 and operated under the community
education program contained in section 124D.19.

Sec. 10.

Minnesota Statutes 2004, section 125A.65, subdivision 3, is amended to read:


Subd. 3.

Educational program; tuition.

new text begin (a) new text end When it is determined pursuant to
section 125A.69, subdivision 1 or 2, that the child is entitled to attend either school,
the board of the Minnesota State Academies must provide the appropriate educational
program for the child.

new text begin (b) For fiscal year 2006, new text end the board of the Minnesota State Academies must make a
tuition charge to the child's district of residence for the cost of providing the program.
The amount of tuition charged must not exceed new text begin the sum of (1) new text end the general education
revenue formula allowance times the pupil unit weighting factor pursuant to section
126C.05 for that child, for the amount of time the child is in the programnew text begin , plus (2) if
the child was enrolled at the Minnesota State Academies on October 1 of the previous
fiscal year, the compensatory education revenue attributable to that child under section
126C.10, subdivision 3new text end . The district of the child's residence must pay the tuition and
may claim general education aid for the child. Tuition received by the board of the
Minnesota State Academies, except for new text begin tuition for compensatory education revenue under
this paragraph and new text end tuition received under subdivision 4, must be deposited in the state
treasury as provided in subdivision 8.

new text begin (c) For fiscal year 2007 and later, the district of the child's residence shall
claim general education revenue for the child, except as provided in this paragraph.
Notwithstanding section 127A.47, subdivision 1, an amount equal to the general education
revenue formula allowance times the pupil unit weighting factor pursuant to section
126C.05 for that child for the amount of time the child is in the program, as adjusted
according to subdivision 8, paragraph (d), must be paid to the Minnesota State Academies.
Notwithstanding section 126C.15, subdivision 2, paragraph (d), the compensatory
education revenue under section 126C.10, subdivision 3, attributable to children enrolled at
the Minnesota State Academies on October 1 of the previous fiscal year must be paid to the
Minnesota State Academies. General education aid paid to the Minnesota State Academies
under this paragraph must be credited to their general operation account. Other general
education aid attributable to the child must be paid to the district of the child's residence.
 new text end

Sec. 11.

Minnesota Statutes 2004, section 125A.65, subdivision 4, is amended to read:


Subd. 4.

Unreimbursed costs.

new text begin (a) For fiscal year 2006, new text end in addition to the tuition
charge allowed in subdivision 3, the academies may charge the child's district of residence
for the academy's unreimbursed cost of providing an instructional aide assigned to that
child, new text begin after deducting the special education aid under section 125A.76, attributable to the
child, new text end if that aide is required by the child's individual education plan. Tuition received
under this paragraph must be used by the academies to provide the required service.

new text begin (b) For fiscal year 2007 and later, the special education aid paid to the academies
shall be increased by the academy's unreimbursed cost of providing an instructional
aide assigned to a child, after deducting the special education aid under section 125A.76
attributable to the child, if that aide is required by the child's individual education plan.
Aid received under this paragraph must be used by the academies to provide the required
service.
 new text end

new text begin (c) For fiscal year 2007 and later, the special education aid paid to the district of
the child's residence shall be reduced by the amount paid to the academies for district
residents under paragraph (b).
 new text end

new text begin (d) Notwithstanding section 127A.45, subdivision 3, beginning in fiscal year 2008,
the commissioner shall make an estimated final adjustment payment to the Minnesota
State Academies for general education aid and special education aid for the prior fiscal
year by August 15.
 new text end

Sec. 12.

Minnesota Statutes 2004, section 125A.65, subdivision 6, is amended to read:


Subd. 6.

Tuition reduction.

Notwithstanding the provisions of subdivisions 3 and
5, the board of the Minnesota State Academies may agree to make a tuition chargenew text begin , or
receive an aid adjustment, as applicable, new text end for less than the amount specified in subdivision
3 for pupils attending the applicable school who are residents of the district where the
institution is located and who do not board at the institution, if that district agrees to make
a tuition charge to the board of the Minnesota State Academies for less than the amount
specified in subdivision 5 for providing appropriate educational programs to pupils
attending the applicable school.

Sec. 13.

Minnesota Statutes 2004, section 125A.65, subdivision 8, is amended to read:


Subd. 8.

Student count; tuition.

(a) On May 1, 1996, and each year thereafter,
the board of the Minnesota State Academies shall count the actual number of Minnesota
resident special education eligible students enrolled and receiving education services at the
Minnesota State Academy for the Deaf and the Minnesota State Academy for the Blind.

new text begin (b) For fiscal year 2006, new text end the board of the Minnesota State Academies shall deposit in
the state treasury an amount equal to all tuition received new text begin for the basic revenue according to
subdivision 3, new text end less the amount calculated in paragraph deleted text begin (b)deleted text end new text begin (c)new text end .

deleted text begin (b)deleted text end new text begin (c) For fiscal year 2006, new text end the Minnesota State Academies shall credit to their
general operation account an amount equal to the tuition received which represents tuition
earned for the total number of students over 175 based on:

(1) the total number of enrolled students on May 1 less 175; times

(2) the ratio of the number of students in that grade category to the total number of
students on May 1; times

(3) the general education revenue formula allowance; times

(4) the pupil unit weighting factor pursuant to section 126C.05.

new text begin (d) For fiscal year 2007 and later, the Minnesota State Academies shall report to
the department the number of students by grade level counted according to paragraph (a).
The amount paid to the Minnesota State Academies under subdivision 3, paragraph (c),
must be reduced by an amount equal to:
 new text end

new text begin (1) the ratio of 175 to the total number of students on May 1; times
 new text end

new text begin (2) the total basic revenue determined according to subdivision 3, paragraph (c).
 new text end

Sec. 14.

Minnesota Statutes 2004, section 125A.65, subdivision 10, is amended to read:


Subd. 10.

Annual appropriation.

There is annually appropriated to the department
for the Minnesota State Academies the tuition new text begin or aid payment new text end amounts received and
credited to the general operation account of the academies under this section. A balance
in an appropriation under this paragraph does not cancel but is available in successive
fiscal years.

Sec. 15.

Minnesota Statutes 2004, section 125A.69, subdivision 3, is amended to read:


Subd. 3.

Out-of-state admissions.

An applicant from another state who can benefit
from attending either academy may be admitted to the academy if the admission does not
prevent an eligible Minnesota resident from being admitted. The board of the Minnesota
State Academies must obtain reimbursement from the other state for the costs of the
out-of-state admission. The state board may enter into an agreement with the appropriate
authority in the other state for the reimbursement. Money received from another state
must be deposited in the deleted text begin generaldeleted text end new text begin special revenue new text end fund and credited to the general operating
account of the academies. The money is appropriated to the academies.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from fiscal year 2001.
 new text end

Sec. 16.

Minnesota Statutes 2004, section 126C.05, subdivision 1, is amended to read:


Subdivision 1.

Pupil unit.

Pupil units for each Minnesota resident pupil new text begin under the
age of 21 or who meets the requirements of section 120A.20, subdivision 1, paragraph
(c), new text end in average daily membership enrolled in the district of residence, in another district
under sections 123A.05 to 123A.08, 124D.03, 124D.06, 124D.07, 124D.08, or 124D.68;
in a charter school under section 124D.10; or for whom the resident district pays tuition
under section 123A.18, 123A.22, 123A.30, 123A.32, 123A.44, 123A.488, 123B.88,
subdivision 4, 124D.04, 124D.05, 125A.03 to 125A.24, 125A.51, or 125A.65, shall be
counted according to this subdivision.

(a) A prekindergarten pupil with a disability who is enrolled in a program approved
by the commissioner and has an individual education plan is counted as the ratio of the
number of hours of assessment and education service to 825 times 1.25 with a minimum
average daily membership of 0.28, but not more than 1.25 pupil units.

(b) A prekindergarten pupil who is assessed but determined not to be handicapped is
counted as the ratio of the number of hours of assessment service to 825 times 1.25.

(c) A kindergarten pupil with a disability who is enrolled in a program approved
by the commissioner is counted as the ratio of the number of hours of assessment and
education services required in the fiscal year by the pupil's individual education program
plan to 875, but not more than one.

(d) A kindergarten pupil who is not included in paragraph (c) is counted as .557 of a
pupil unit for fiscal year 2000 and thereafter.

(e) A pupil who is in any of grades 1 to 3 is counted as 1.115 pupil units for fiscal
year 2000 and thereafter.

(f) A pupil who is any of grades 4 to 6 is counted as 1.06 pupil units for fiscal
year 1995 and thereafter.

(g) A pupil who is in any of grades 7 to 12 is counted as 1.3 pupil units.

(h) A pupil who is in the postsecondary enrollment options program is counted
as 1.3 pupil units.

Sec. 17.

Minnesota Statutes 2004, section 126C.10, subdivision 6, is amended to read:


Subd. 6.

Definitions.

The definitions in this subdivision apply only to subdivisions
7 and 8.

(a) "High school" means a new text begin public new text end secondary schoolnew text begin , except a charter school under
section 124D.10, new text end that has pupils enrolled in at least the 10th, 11th, and 12th grades. If
there is no deleted text begin secondarydeleted text end new text begin high new text end school in the district deleted text begin that has pupils enrolled in at least the
10th, 11th, and 12th grades,deleted text end and the school is at least 19 miles from the next nearest
school, the commissioner must designate one school in the district as a high school for the
purposes of this section.

(b) "Secondary average daily membership" means, for a district that has only one
high school, the average daily membership of pupils served in grades 7 through 12. For a
district that has more than one high school, "secondary average daily membership" for
each high school means the product of the average daily membership of pupils served in
grades 7 through 12 in the high school, times the ratio of six to the number of grades
in the high school.

(c) "Attendance area" means the total surface area of the district, in square miles,
divided by the number of high schools in the district. For a district that does not operate
a high school and is less than 19 miles from the nearest operating high school, the
attendance area equals zero.

(d) "Isolation index" for a high school means the square root of 55 percent of the
attendance area plus the distance in miles, according to the usually traveled routes,
between the high school and the nearest high school. For a district in which there is located
land defined in section 84A.01, 84A.20, or 84A.31, the distance in miles is the sum of:

(1) the square root of one-half of the attendance area; and

(2) the distance from the border of the district to the nearest high school.

(e) "Qualifying high school" means a high school that has an isolation index greater
than 23 and that has secondary average daily membership of less than 400.

(f) "Qualifying elementary school" means deleted text begin andeleted text end new text begin a publicnew text end elementary schoolnew text begin , except a
charter school under section 124D.10, new text end that is located 19 miles or more from the nearest
elementary school or from the nearest elementary school within the district and, in either
case, has an elementary average daily membership of an average of 20 or fewer per grade.

(g) "Elementary average daily membership" means, for a district that has only
one elementary school, the average daily membership of pupils served in kindergarten
through grade 6. For a district that has more than one elementary school, "average daily
membership" for each school means the average daily membership of pupils served in
kindergarten through grade 6 multiplied by the ratio of seven to the number of grades
in the elementary school.

Sec. 18.

Minnesota Statutes 2005 Supplement, section 126C.10, subdivision 13a,
is amended to read:


Subd. 13a.

Operating capital levy.

To obtain operating capital revenue deleted text begin for fiscal
year 2007 and laterdeleted text end , a district may levy an amount not more than the product of its
operating capital revenue for the fiscal year times the lesser of one or the ratio of its
adjusted net tax capacity per adjusted marginal cost pupil unit to the operating capital
equalizing factor. The operating capital equalizing factor equals $22,222 for fiscal year
2006, deleted text begin anddeleted text end $10,700 for fiscal year 2007new text begin , and $35,000 for fiscal year 2008 new text end and later.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2008.
new text end

Sec. 19.

Minnesota Statutes 2004, section 126C.10, subdivision 29, is amended to read:


Subd. 29.

Equity levy.

To obtain equity revenue deleted text begin for fiscal year 2005 and laterdeleted text end ,
a district may levy an amount not more than the product of its equity revenue new text begin under
subdivision 24, excluding the revenue computed under paragraphs (f) and (g) of that
subdivision new text end for the fiscal year times the lesser of one or the ratio of its referendum market
value per resident marginal cost pupil unit to $476,000.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2008.
 new text end

Sec. 20.

Minnesota Statutes 2005 Supplement, section 126C.10, subdivision 34,
is amended to read:


Subd. 34.

Basic alternative teacher compensation aid.

(a) For fiscal year 2006,
the basic alternative teacher compensation aid for a school district or an intermediate
school district with a plan approved under section 122A.414, subdivision 2b, equals the
alternative teacher compensation revenue under section 122A.415, subdivision 1. The
basic alternative teacher compensation aid for a charter school with an approved plan
under section 122A.414, subdivision 2b, equals $260 times the number of pupils enrolled
in the school on October 1 of the previous school year, or on October 1 of the current
fiscal year for a charter school in the first year of operation.

(b) For fiscal year 2007 deleted text begin and laterdeleted text end , the basic alternative teacher compensation aid
for a school district with a plan approved under section 122A.414, subdivision 2b, equals
73.1 percent of the alternative teacher compensation revenue under section 122A.415,
subdivision 1. The basic alternative teacher compensation aid for an intermediate school
district or charter school with a plan approved under section 122A.414, subdivisions 2a
and 2b, if the recipient is a charter school, equals $260 times the number of pupils enrolled
in the school on October 1 of the previous fiscal year, or on October 1 of the current fiscal
year for a charter school in the first year of operation, times the ratio of the sum of the
alternative teacher compensation aid and alternative teacher compensation levy for all
participating school districts to the maximum alternative teacher compensation revenue
for those districts under section 122A.415, subdivision 1.

(c) new text begin For fiscal year 2008 and later, the basic alternative teacher compensation aid for
a school district with a plan approved under section 122A.414, subdivision 2b, equals the
alternative teacher compensation revenue under section 122A.415, subdivision 1, minus
$70 times the number of pupils enrolled at participating sites on October 1 of the previous
fiscal year. The basic alternative teacher compensation aid for an intermediate school
district or charter school with a plan approved under section 122A.414, subdivisions 2a
and 2b, if the recipient is a charter school, equals $260 times the ratio of the formula
allowance for the current fiscal year to the formula allowance for fiscal year 2007 times
the number of pupils enrolled in the school on October 1 of the previous fiscal year, or on
October 1 of the current fiscal year for a charter school in the first year of operation, times
the ratio of the sum of the alternative teacher compensation aid and alternative teacher
compensation levy for all participating school districts to the maximum alternative teacher
compensation revenue for those districts under section 122A.415, subdivision 1.
new text end

new text begin (d) new text end Notwithstanding paragraphs (a) deleted text begin anddeleted text end new text begin ,new text end (b)new text begin , and (c)new text end and section 122A.415,
subdivision 1, the state total basic alternative teacher compensation aid entitlement
must not exceed $19,329,000 for fiscal year 2006 deleted text begin anddeleted text end new text begin ,new text end $75,636,000 for fiscal year 2007
deleted text begin and laterdeleted text end new text begin , and for fiscal year 2008 and later, $75,636,000 times the ratio of the formula
allowance for the current fiscal year to the formula allowance for fiscal year 2007new text end . The
commissioner must limit the amount of alternative teacher compensation aid approved
under deleted text begin sectiondeleted text end new text begin sectionsnew text end 122A.415new text begin and 122A.416new text end so as not to exceed these limits.

Sec. 21.

Minnesota Statutes 2005 Supplement, section 126C.17, subdivision 9, is
amended to read:


Subd. 9.

Referendum revenue.

(a) The revenue authorized by section 126C.10,
subdivision 1, may be increased in the amount approved by the voters of the district at a
referendum called for the purpose. The referendum may be called by the board or shall be
called by the board upon written petition of qualified voters of the district. The referendum
must be conducted one or two calendar years before the increased levy authority, if
approved, first becomes payable. Only one election to approve an increase may be held
in a calendar year. Unless the referendum is conducted by mail under paragraph (g), the
referendum must be held on the first Tuesday after the first Monday in November. The
ballot must state the maximum amount of the increased revenue per resident marginal cost
pupil unit. The ballot may state a schedule, determined by the board, of increased revenue
per resident marginal cost pupil unit that differs from year to year over the number of
years for which the increased revenue is authorizednew text begin or may state that the amount shall
increase annually by the rate of inflation. For this purpose, the rate of inflation shall be the
annual inflationary increase calculated under subdivision 2, paragraph (b)new text end . The ballot may
state that existing referendum levy authority is expiring. In this case, the ballot may also
compare the proposed levy authority to the existing expiring levy authority, and express
the proposed increase as the amount, if any, over the expiring referendum levy authority.
The ballot must designate the specific number of years, not to exceed ten, for which the
referendum authorization applies. The ballot, including a ballot on the question to revoke
or reduce the increased revenue amount under paragraph (c), must abbreviate the term
"per resident marginal cost pupil unit" as "per pupil." The notice required under section
275.60 may be modified to read, in cases of renewing existing levies:

"BY VOTING "YES" ON THIS BALLOT QUESTION, YOU MAY BE VOTING
FOR A PROPERTY TAX INCREASE."

The ballot may contain a textual portion with the information required in this
subdivision and a question stating substantially the following:

"Shall the increase in the revenue proposed by (petition to) the board of .........,
School District No. .., be approved?"

If approved, an amount equal to the approved revenue per resident marginal cost
pupil unit times the resident marginal cost pupil units for the school year beginning in
the year after the levy is certified shall be authorized for certification for the number of
years approved, if applicable, or until revoked or reduced by the voters of the district at a
subsequent referendum.

(b) The board must prepare and deliver by first class mail at least 15 days but no more
than 30 days before the day of the referendum to each taxpayer a notice of the referendum
and the proposed revenue increase. The board need not mail more than one notice to any
taxpayer. For the purpose of giving mailed notice under this subdivision, owners must be
those shown to be owners on the records of the county auditor or, in any county where
tax statements are mailed by the county treasurer, on the records of the county treasurer.
Every property owner whose name does not appear on the records of the county auditor
or the county treasurer is deemed to have waived this mailed notice unless the owner
has requested in writing that the county auditor or county treasurer, as the case may be,
include the name on the records for this purpose. The notice must project the anticipated
amount of tax increase in annual dollars for typical residential homesteads, agricultural
homesteads, apartments, and commercial-industrial property within the school district.

The notice for a referendum may state that an existing referendum levy is expiring
and project the anticipated amount of increase over the existing referendum levy in
the first year, if any, in annual dollars for typical residential homesteads, agricultural
homesteads, apartments, and commercial-industrial property within the district.

The notice must include the following statement: "Passage of this referendum will
result in an increase in your property taxes." However, in cases of renewing existing
levies, the notice may include the following statement: "Passage of this referendum may
result in an increase in your property taxes."

(c) A referendum on the question of revoking or reducing the increased revenue
amount authorized pursuant to paragraph (a) may be called by the board and shall be called
by the board upon the written petition of qualified voters of the district. A referendum to
revoke or reduce the revenue amount must state the amount per resident marginal cost
pupil unit by which the authority is to be reduced. Revenue authority approved by the
voters of the district pursuant to paragraph (a) must be available to the school district at
least once before it is subject to a referendum on its revocation or reduction for subsequent
years. Only one revocation or reduction referendum may be held to revoke or reduce
referendum revenue for any specific year and for years thereafter.

(d) A petition authorized by paragraph (a) or (c) is effective if signed by a number of
qualified voters in excess of 15 percent of the registered voters of the district on the day
the petition is filed with the board. A referendum invoked by petition must be held on the
date specified in paragraph (a).

(e) The approval of 50 percent plus one of those voting on the question is required to
pass a referendum authorized by this subdivision.

(f) At least 15 days before the day of the referendum, the district must submit a
copy of the notice required under paragraph (b) to the commissioner and to the county
auditor of each county in which the district is located. Within 15 days after the results
of the referendum have been certified by the board, or in the case of a recount, the
certification of the results of the recount by the canvassing board, the district must notify
the commissioner of the results of the referendum.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for referenda conducted on or after
July 1, 2006.
 new text end

Sec. 22.

Minnesota Statutes 2005 Supplement, section 126C.43, subdivision 2, is
amended to read:


Subd. 2.

Payment to unemployment insurance program trust fund by state
and political subdivisions.

new text begin (a) new text end A district may levy the amount necessary deleted text begin (i)deleted text end new text begin (1)new text end to pay
the district's obligations under section 268.052, subdivision 1, and deleted text begin (ii)deleted text end new text begin (2)new text end to pay for job
placement services offered to employees who may become eligible for benefits pursuant
to section 268.085 for the fiscal year the levy is certified.

new text begin (b) Districts with a balance remaining in their reserve for reemployment as of June
30, 2003, may not expend the reserved funds for future reemployment expenditures. Each
year, a levy reduction must be made to return these funds to taxpayers. The amount of
the levy reduction must be equal to the lesser of (1) the remaining reserved balance for
reemployment or (2) the amount of the district's current levy under paragraph (a).
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 23.

Minnesota Statutes 2004, section 126C.44, is amended to read:


126C.44 SAFE SCHOOLS LEVY.

new text begin (a) new text end Each district may make a levy on all taxable property located within the district
for the purposes specified in this section. The maximum amount which may be levied
for all costs under this section shall be equal to $27 multiplied by the district's adjusted
marginal cost pupil units for the school year. The proceeds of the levy must be used for
directly funding the following purposes or for reimbursing the cities and counties who
contract with the district for the following purposes: (1) to pay the costs incurred for the
salaries, benefits, and transportation costs of peace officers and sheriffs for liaison in
services in the district's schools; (2) to pay the costs for a drug abuse prevention program
as defined in section 609.101, subdivision 3, paragraph (e), in the elementary schools;
(3) to pay the costs for a gang resistance education training curriculum in the district's
schools; (4) to pay the costs for security in the district's schools and on school property;
deleted text begin ordeleted text end (5) to pay the costs for other crime prevention, drug abuse, student and staff safety,
and violence prevention measures taken by the school districtnew text begin ; or (6) to pay the costs of
school counselors, school psychologists, school nurses, chemical dependency counselors,
or school social workersnew text end . new text begin For expenditures under clause (1), new text end the district must initially
attempt to contract for services to be provided by peace officers or sheriffs with the police
department of each city or the sheriff's department of the county within the district
containing the school receiving the services. If a local police department or a county
sheriff's department does not wish to provide the necessary services, the district may
contract for these services with any other police or sheriff's department located entirely or
partially within the school district's boundaries. deleted text begin The levy authorized under this section is
not included in determining the school district's levy limitations.deleted text end

new text begin (b) A school district that is a member of an intermediate school district may
include in its authority under this section the costs associated with safe schools activities
authorized under paragraph (a) for intermediate school district programs. This authority
must not exceed $8 times the adjusted marginal cost pupil units of the member districts.
This authority is in addition to any other authority authorized under this section. Revenue
raised under this paragraph must be transferred to the intermediate school district.
By September 15 of each year, each intermediate school district must report to the
commissioner of education in the form and manner prescribed by the commissioner on the
transfer of safe schools revenue from its member school districts and the expenditures
made with that revenue during the previous year.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxes payable in 2007.
new text end

Sec. 24.

Laws 2005, First Special Session chapter 5, article 1, section 54, subdivision
2, is amended to read:


Subd. 2. General education aid. For general education aid under Minnesota
Statutes, section 126C.13, subdivision 4:

$
 deleted text begin 5,136,578,000deleted text end
new text begin 5,819,153,000
new text end 		.....
 2006
$
 deleted text begin 5,390,196,000
 deleted text end new text begin 5,472,265,000
 new text end 		.....
 2007

The 2006 appropriation includes deleted text begin $784,978,000deleted text end new text begin $787,978,000new text end for 2005 and
deleted text begin $4,351,600,000deleted text end new text begin $5,031,175,000new text end for 2006.

The 2007 appropriation includes deleted text begin $817,588,000deleted text end new text begin $513,848,000new text end for 2006 and
deleted text begin $4,572,608,000deleted text end new text begin $4,958,417,000new text end for 2007.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 25. new text begin EXEMPTION FROM OPERATING REFERENDUM CAP;
CHOKIO-ALBERTA.
new text end

new text begin Notwithstanding Minnesota Statutes, section 126C.17, subdivision 2, Independent
School District No. 771, Chokio-Alberta, is exempt from the referendum allowance
limit for fiscal years 2006 and later.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 26. new text begin EARLY LEVY RECOGNITION; WILLOW RIVER.
new text end

new text begin Notwithstanding Minnesota Statutes, sections 123B.75 and 127A.441, if Independent
School District No. 577, Willow River, successfully approves an operating referendum in
September 2006, the district may recognize up to 50 percent of the operating referendum
levy approved at that election as revenue for the fiscal year in which it is certified. This
early recognition applies only to referendum authority approved in September 2006.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2007
and later.
 new text end

Sec. 27. new text begin APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
 new text end

new text begin Subd. 2. new text end

new text begin Rocori school district. new text end

new text begin For a grant to Independent School District No. 750,
Rocori. The grant is for a continuation of district activities that were developed in concert
with the district's federal School Emergency Response to Violence, or Project SERV, grant:
new text end

new text begin $
 new text end 		new text begin 50,000
 new text end 		new text begin .....
 new text end 		new text begin 2007
 new text end

new text begin The grant may be used to continue the district's recovery efforts and uses include:
an assessment of educational adequacy; an organizational analysis; a strategic planning
overview; a district assessment survey; continued recovery support; staff development
initiatives; and any other activities developed in response to the federal Project SERV
grant.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 28. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 120A.20, subdivision 3, new text end new text begin is repealed.
 new text end

ARTICLE 2

EDUCATION EXCELLENCE

Section 1.

Minnesota Statutes 2004, section 120A.22, subdivision 3, is amended to
read:


Subd. 3.

Parent defined; residency determined.

(a) In this section and sections
120A.24 and 120A.26, "parent" means a parent, guardian, or other person having legal
custody of a child.

(b) In sections 125A.03 to 125A.24 and 125A.65, "parent" means a parent, guardian,
or other person having legal custody of a child under age 18. For an unmarried pupil age
18 or over, "parent" means the pupil unless a guardian or conservator has been appointed,
in which case it means the guardian or conservator.

(c) For purposes of sections 125A.03 to 125A.24 and 125A.65, the school district of
residence for an unmarried pupil age 18 or over who is a parent under paragraph (b) and
who is placed in a center for care and treatment, shall be the school district in which the
pupil's biological or adoptive parent or designated guardian resides.

(d) For a married pupil age 18 or over, the school district of residence is the school
district in which the married pupil resides.

new text begin (e) If a district suspects that a student does not meet the residency requirements of the
school district in which the student is attending school, the student may be removed from
the school only after the district sends the student's parents written notice of the district's
suspicion, including the facts upon which the suspicion is based, and an opportunity to
provide documentary evidence of residency in person to the superintendent or designee,
or, at the option of the parents, by sending the documentary evidence to the superintendent
or a designee, who will then make a determination as to the residency status of the student.
 new text end

Sec. 2.

Minnesota Statutes 2004, section 120B.023, is amended to read:


120B.023 BENCHMARKS.

new text begin Subdivision 1. new text end

new text begin Benchmarks implement, supplement statewide academic
standards. new text end

(a) The commissioner must supplement required state academic standards with
grade-level benchmarks. High school benchmarks may cover more than one grade. The
benchmarks must implement statewide academic standards by specifying the academic
knowledge and skills that schools must offer and students must achieve to satisfactorily
complete a state standard. new text begin The commissioner must publish new text end benchmarks deleted text begin are publisheddeleted text end to
inform and guide parents, teachers, school districts, and other interested persons and deleted text begin fordeleted text end new text begin tonew text end
use in developing tests consistent with the benchmarks.

(b) The commissioner shall publish benchmarks in the State Register and transmit
the benchmarks in any other manner that makes them accessible to the general public. The
commissioner may charge a reasonable fee for publications.

(c) Once established, the commissioner may change the benchmarks only with
specific legislative authorization and after completing a review under deleted text begin paragraph (d)deleted text end new text begin
subdivision 2new text end .

(d) The commissioner must develop and implement a system for reviewing deleted text begin on
a four-year cycledeleted text end each of the required academic standards and related benchmarks and
elective standards deleted text begin beginning in the 2006-2007 school yeardeleted text end new text begin on a periodic cycle, consistent
with subdivision 2new text end .

(e) The benchmarks are not subject to chapter 14 and section 14.386 does not apply.

new text begin Subd. 2. new text end

new text begin Revisions and reviews required. new text end

new text begin (a) The education commissioner must
revise and appropriately embed technology design and information literacy standards into
the state's academic standards and graduation requirements and implement a six-year
review cycle for state academic standards and related benchmarks, consistent with this
subdivision. During each review cycle, the commissioner also must examine the alignment
of each required academic standard and related benchmark with the knowledge and skills
students need for college readiness and advanced work in the particular subject area.
 new text end

new text begin (b) The commissioner in the 2006-2007 school year must revise and align the state's
academic standards and high school graduation requirements in mathematics to require
that students satisfactorily complete the revised mathematics standards, beginning in the
2010-2011 school year. Under the revised standards:
 new text end

new text begin (1) students must satisfactorily complete an algebra I credit by the end of eighth
grade; and
 new text end

new text begin (2) students scheduled to graduate in the 2014-2015 school year or later must
satisfactorily complete an algebra II credit or its equivalent.
 new text end

new text begin The commissioner also must ensure that the statewide mathematics assessments
administered to students in grades 3 through 8 and 11 beginning in the 2010-2011 school
year are aligned with the state academic standards in mathematics. The statewide 11th
grade math test administered to students under clause (2) beginning in the 2013-2014
school year must include algebra II test items that are aligned with corresponding state
academic standards in mathematics. The commissioner must implement a six-year review
cycle for the academic standards and related benchmarks in mathematics beginning in the
2015-2016 school year.
 new text end

new text begin (c) The commissioner in the 2007-2008 school year must revise and align the state's
academic standards and high school graduation requirements in the arts to require that
students satisfactorily complete the revised arts standards beginning in the 2010-2011
school year. The commissioner must implement a six-year review cycle for the academic
standards and related benchmarks in arts beginning in the 2016-2017 school year.
 new text end

new text begin (d) The commissioner in the 2008-2009 school year must revise and align the state's
academic standards and high school graduation requirements in science to require that
students satisfactorily complete the revised science standards, beginning in the 2011-2012
school year. Under the revised standards, students scheduled to graduate in the 2014-2015
school year or later must satisfactorily complete a chemistry or physics credit. The
commissioner must implement a six-year review cycle for the academic standards and
related benchmarks in science beginning in the 2017-2018 school year.
 new text end

new text begin (e) The commissioner in the 2009-2010 school year must revise and align the state's
academic standards and high school graduation requirements in language arts to require
that students satisfactorily complete the revised language arts standards beginning in
the 2012-2013 school year. The commissioner must implement a six-year review cycle
for the academic standards and related benchmarks in language arts beginning in the
2018-2019 school year.
 new text end

new text begin (f) The commissioner in the 2010-2011 school year must revise and align the state's
academic standards and high school graduation requirements in social studies to require
that students satisfactorily complete the revised social studies standards beginning in
the 2013-2014 school year. The commissioner must implement a six-year review cycle
for the academic standards and related benchmarks in social studies beginning in the
2019-2020 school year.
 new text end

new text begin (g) School districts and charter schools must revise and align local academic
standards and high school graduation requirements in health, physical education, world
languages, and career and technical education to require students to complete the revised
standards beginning in a school year determined by the school district or charter school.
School districts and charter schools must formally establish a periodic review cycle for
the academic standards and related benchmarks in health, physical education, world
languages, and career and technical education.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 3.

Minnesota Statutes 2004, section 120B.024, is amended to read:


120B.024 GRADUATION REQUIREMENTS; COURSE CREDITSnew text begin ;
STUDENT TRANSFERSnew text end .

new text begin (a) new text end Students beginning 9th grade in the 2004-2005 school year and later must
successfully complete the following high school level course credits for graduation:

(1) four credits of language arts;

(2) three credits of mathematics, encompassing at least algebra, geometry, statistics,
and probability sufficient to satisfy the academic standardnew text begin and beginning in the 2010-2011
school year for students scheduled to graduate in the 2014-2015 school year or later, one
algebra II credit or its equivalentnew text end ;

(3) three credits of science, including at least one credit in biologynew text begin and for the
2011-2012 school year and later, one credit in chemistry or physicsnew text end ;

(4) three and one-half credits of social studies, encompassing at least United
States history, geography, government and citizenship, world history, and economics or
three credits of social studies encompassing at least United States history, geography,
government and citizenship, and world history, and one-half credit of economics taught in
a school's social studiesnew text begin , agriculture education, new text end or business department;

(5) one credit in the arts; and

(6) a minimum of seven elective course credits.

A course credit is equivalent to a student successfully completing an academic
year of study or a student mastering the applicable subject matter, as determined by the
local school district.

new text begin (b) An agriculture science course may fulfill a science credit requirement under
this section.
 new text end

new text begin (c) A district, area learning center, and charter school must establish processes by
which to transfer as completed:
new text end

new text begin (1) those course credit requirements that other school sites within the district or
other public schools verify on transcripts as completed; and
 new text end

new text begin (2) the work that educational institutions outside the state accept for completing the
equivalent of course credit requirements and verify on transcripts as completed.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 4.

Minnesota Statutes 2005 Supplement, section 120B.131, subdivision 2, is
amended to read:


Subd. 2.

Reimbursement for examination fees.

The state may reimburse
college-level examination program (CLEP) fees for a Minnesota public high school
student who has successfully completed one or more college-level courses in high school
deleted text begin and earned a satisfactory score on one or more CLEP examinationsdeleted text end in the following
subjects: composition and literature, mathematics and science, social sciences and history,
foreign languages, and business and humanities. The state may reimburse each deleted text begin successfuldeleted text end
student for up to six examination fees. The commissioner shall establish application
procedures and a process and schedule for fee reimbursements. The commissioner must
give priority to reimburse the CLEP examination fees of students of low-income families.

Sec. 5.

new text begin [120B.132] RAISED ACADEMIC ACHIEVEMENT; ADVANCED
PLACEMENT AND INTERNATIONAL BACCALAUREATE PROGRAMS.
 new text end

new text begin Subdivision 1. new text end

new text begin Establishment; eligibility. new text end

new text begin A program is established to raise
kindergarten through grade 12 academic achievement through increased student
participation in advanced placement and international baccalaureate programs, consistent
with section 120B.13. Schools and charter schools eligible to participate under this section:
 new text end

new text begin (a) must have a three-year plan approved by the local school board to establish a new
international baccalaureate program leading to international baccalaureate authorization,
or expand an existing program that leads to international baccalaureate authorization, or
expand an existing authorized international baccalaureate program; or
 new text end

new text begin (b) must have a three-year plan approved by the local school board to create a new or
expand an existing program to implement the college board advanced placement courses
and exams or preadvanced placement initiate; and
 new text end

new text begin (c) also must propose to further raise students' academic achievement by:
 new text end

new text begin (1) increasing the availability of and all students' access to advanced placement or
international baccalaureate courses or programs;
new text end

new text begin (2) expanding the breadth of advanced placement or international baccalaureate
courses or programs that are available to students;
new text end

new text begin (3) increasing the number and the diversity of the students who participate in
advanced placement or international baccalaureate courses or programs and succeed;
new text end

new text begin (4) providing low-income and other disadvantaged students with increased access to
advanced placement or international baccalaureate courses or programs; or
new text end

new text begin (5) increasing the number of high school students, including low-income and other
disadvantaged students, who receive college credit by successfully completing advanced
placement or international baccalaureate courses or programs and achieving satisfactory
scores on related exams.
new text end

new text begin Subd. 2. new text end

new text begin Application and review process; funding priority. new text end

new text begin (a) Charter schools
and school districts in which eligible schools under subdivision 1 are located may apply to
the commissioner, in the form and manner the commissioner determines, for competitive
funding to further raise students' academic achievement. The application must detail the
specific efforts the applicant intends to undertake in further raising students' academic
achievement, consistent with subdivision 1, and a proposed budget detailing the district or
charter school's current and proposed expenditures for advanced placement, preadvanced
placement, and international baccalaureate courses and programs. The proposed
budget must demonstrate that the applicant's efforts will supplement but not supplant
any expenditures for advanced placement, preadvanced placement, and international
baccalaureate courses and programs the applicant currently makes available to students.
Expenditures for administration must not exceed five percent of the proposed budget. The
commissioner may require an applicant to provide additional information.
 new text end

new text begin (b) When reviewing applications, the commissioner must determine whether
the applicant satisfied all the requirements in this subdivision and subdivision 1.
The commissioner may give funding priority to an otherwise qualified applicant that
demonstrates:
 new text end

new text begin (1) a focus on developing or expanding advanced placement or international
baccalaureate courses or programs or increasing students' participation in, access to, or
success with the courses or programs, including the participation, access, or success of
low-income and other disadvantaged students;
new text end

new text begin (2) a compelling need for access to advanced placement or international
baccalaureate courses or programs;
new text end

new text begin (3) an effective ability to actively involve local business and community
organizations in student activities that are integral to advanced placement or international
baccalaureate courses or programs;
new text end

new text begin (4) access to additional public or nonpublic funds or in-kind contributions that are
available for advanced placement or international baccalaureate courses or programs; or
new text end

new text begin (5) an intent to implement activities that target low-income and other disadvantaged
students.
new text end

new text begin Subd. 3. new text end

new text begin Funding; permissible funding uses. new text end

new text begin (a) The commissioner shall award
grants to applicant school districts and charter schools that meet the requirements of
subdivisions 1 and 2. The commissioner must award grants on an equitable geographical
basis to the extent feasible and consistent with this section. Grant awards must not exceed
the lesser of: (1) $85 times the number of pupils enrolled at the participating sites on
October 1 of the previous fiscal year, or (2) the approved supplemental expenditures
based on the budget submitted under subdivision 2. For charter schools in their first
year of operation, the maximum grant award must be calculated using the number of
pupils enrolled on October 1 of the current fiscal year. The commissioner may adjust
the maximum grant award computed using prior year data for changes in enrollment
attributable to school closings, school openings, grade level reconfigurations, or school
district reorganizations between the prior fiscal year and the current fiscal year.
new text end

new text begin (b) School districts and charter schools that submit an application and receive
funding under this section must use the funding, consistent with the application, to:
 new text end

new text begin (1) provide teacher training and instruction to more effectively serve students,
including low-income and other disadvantaged students, who participate in advanced
placement or international baccalaureate courses or programs;
new text end

new text begin (2) further develop advanced placement or international baccalaureate courses or
programs;
new text end

new text begin (3) improve the transition between grade levels to better prepare students, including
low-income and other disadvantaged students, for succeeding in advanced placement or
international baccalaureate courses or programs;
new text end

new text begin (4) purchase books and supplies;
new text end

new text begin (5) pay course or program fees;
new text end

new text begin (6) increase students' participation in and success with advanced placement or
international baccalaureate courses or programs;
new text end

new text begin (7) expand students' access to advanced placement or international baccalaureate
courses or programs through online learning;
new text end

new text begin (8) hire appropriately licensed personnel to teach additional advanced placement or
international baccalaureate courses or programs; or
new text end

new text begin (9) engage in other activity directly related to expanding students' access to,
participation in, and success with advanced placement or international baccalaureate
courses or programs, including low-income and other disadvantaged students.
 new text end

new text begin Subd. 4. new text end

new text begin Annual reports. new text end

new text begin (a) Each school district and charter school that receives
a grant under this section annually must collect demographic and other student data to
demonstrate and measure the extent to which the district or charter school raised students'
academic achievement under this program and must report the data to the commissioner
in the form and manner the commissioner determines. The commissioner annually by
February 15 must make summary data about this program available to the education
policy and finance committees of the legislature.
 new text end

new text begin (b) Each school district and charter school that receives a grant under this section
annually must report to the commissioner, consistent with the Uniform Financial
Accounting and Reporting Standards, its actual expenditures for advanced placement,
preadvanced placement, and international baccalaureate courses and programs. The report
must demonstrate that the school district or charter school has maintained its effort
from other sources for advanced placement, preadvanced placement, and international
baccalaureate courses and programs compared with the previous fiscal year, and the
district or charter school has expended all grant funds, consistent with its approved budget.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to the 2006-2007 school year.
new text end

Sec. 6.

Minnesota Statutes 2004, section 120B.36, subdivision 1, is amended to read:


Subdivision 1.

School performance report cards.

(a) The commissioner shall
use objective criteria based on levels of student performance to identify four to six
designations applicable to high and low performing public schools. The objective criteria
shall include at least student academic performance, school safety, and staff characteristics,
with a value-added growth component added by the 2006-2007 school year.

(b) The commissioner shall develop, annually update, and post on the department
Web site school performance report cards. A school's designation must be clearly stated
on each school performance report card.new text begin The performance report cards must indicate both
the cut scores and the corresponding percentages of items students must answer correctly
at each set performance level adopted for the statewide tests the commissioner uses to
determine school designations under this section.
new text end

(c) The commissioner must make available the first school designations and school
performance report cards by November 2003, and during the beginning of each school
year thereafter.

(d) A school or district may appeal in writing a designation under this section to the
commissioner within 30 days of receiving the designation. The commissioner's decision
to uphold or deny an appeal is final.

(e) School performance report cards are nonpublic data under section 13.02,
subdivision 9, until not later than ten days after the appeal procedure described in
paragraph (d) concludes. The department shall annually post school performance report
cards to its public Web site no later than September 1.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2006-2007 school year.
new text end

Sec. 7.

Minnesota Statutes 2004, section 121A.035, is amended to read:


121A.035 CRISIS MANAGEMENT POLICY.

Subdivision 1.

Model policy.

deleted text begin By December 1, 1999,deleted text end The commissioner shall
maintain and make available to school boards new text begin and charter schools new text end a model crisis
management policynew text begin that includes, among other items, school lock-down and tornado drills,
consistent with subdivision 2, and school fire drills under section 299F.30new text end .

Subd. 2.

School district new text begin and charter school new text end policy.

deleted text begin By July 1, 2000,deleted text end A school
board new text begin and a charter school new text end must adopt a deleted text begin districtdeleted text end crisis management policy to address
potential violent crisis situations in the districtnew text begin or charter schoolnew text end . The policy must be
developed deleted text begin in consultationdeleted text end new text begin cooperatively new text end with administrators, teachers, employees,
students, parents, community members, law enforcement agencies, new text begin other emergency
management officials, new text end county attorney offices, social service agencies, new text begin emergency medical
responders, new text end and any other appropriate individuals or organizations.new text begin The policy must
include at least five school lock-down drills, five school fire drills consistent with section
299F.30, and one tornado drill.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2006-2007 school year and
later.
new text end

Sec. 8.

new text begin [121A.037] SCHOOL SAFETY DRILLS.
 new text end

new text begin Private schools and educational institutions not subject to section 121A.035 must
have at least five school lock-down drills, five school fire drills consistent with section
299F.30, and one tornado drill.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2006-2007 school year.
 new text end

Sec. 9.

Minnesota Statutes 2005 Supplement, section 121A.53, subdivision 1, is
amended to read:


Subdivision 1.

Exclusions and expulsions.

The school board must report through
the department electronic reporting system each exclusion deleted text begin ordeleted text end new text begin , new text end expulsionnew text begin , or other removal
for greater than 15 consecutive days taken in lieu of an exclusion or expulsion new text end within 30
days of the effective date of the action to the commissioner of education. This report must
include a statement of alternative educational services given the pupil and the reason for,
the effective date, and the duration of the exclusion or expulsion. The report must also
include the student's age, grade, gender, race, and special education status.

Sec. 10.

Minnesota Statutes 2004, section 122A.18, subdivision 2, is amended to read:


Subd. 2.

Teacher and support personnel qualifications.

(a) The Board of
Teaching must issue licenses under its jurisdiction to persons the board finds to be
qualified and competent for their respective positions.

(b) The board must require a person to successfully complete an examination of
skills in reading, writing, and mathematics before being granted an initial teaching license
to provide direct instruction to pupils in prekindergarten, elementary, secondary, or special
education programs. The board must require colleges and universities offering a board
approved teacher preparation program to provide remedial assistance that includes a
formal diagnostic component to persons enrolled in their institution who did not achieve a
qualifying score on the skills examination, including those for whom English is a second
language. The colleges and universities must provide assistance in the specific academic
areas of deficiency in which the person did not achieve a qualifying score. School
districts must provide similar, appropriate, and timely remedial assistance that includes a
formal diagnostic component and mentoring to those persons employed by the district
who completed their teacher education program outside the state of Minnesota, received
a one-year license to teach in Minnesota and did not achieve a qualifying score on the
skills examination, including those persons for whom English is a second language. The
Board of Teaching shall report annually to the education committees of the legislature
on the total number of teacher candidates during the most recent school year taking the
skills examination, the number who achieve a qualifying score on the examination, the
number who do not achieve a qualifying score on the examination, the distribution of all
candidates' scores, the number of candidates who have taken the examination at least once
before, and the number of candidates who have taken the examination at least once before
and achieve a qualifying score.

(c) A person who has completed an approved teacher preparation program and
obtained a one-year license to teach, but has not successfully completed the skills
examination, may renew the one-year license for two additional one-year periods. Each
renewal of the one-year license is contingent upon the licensee:

(1) providing evidence of participating in an approved remedial assistance program
provided by a school district or postsecondary institution that includes a formal diagnostic
component in the specific areas in which the licensee did not obtain qualifying scores; and

(2) attempting to successfully complete the skills examination during the period
of each one-year license.

(d) The Board of Teaching must grant continuing licenses only to those persons who
have met board criteria for granting a continuing license, which includes successfully
completing the skills examination in reading, writing, and mathematics.

(e) All colleges and universities approved by the board of teaching to prepare
persons for teacher licensure must include in their teacher preparation programs a common
core of teaching knowledge and skills to be acquired by all persons recommended
for teacher licensure. This common core shall meet the standards developed by the
interstate new teacher assessment and support consortium in its 1992 "model standards
for beginning teacher licensing and developmentdeleted text begin .deleted text end new text begin ,new text end " new text begin and must include technology design
and information literacy standards that are consistent with recommendations from the
department's educator licensing and teacher quality division. The board must develop
and implement a system for reviewing on a seven-year cycle all standards of effective
practice for teachers beginning in the 2007-2008 school year. new text end Amendments to standards
adopted under this paragraph are covered by chapter 14. The board of teaching shall report
annually to the education committees of the legislature on the performance of teacher
candidates on common core assessments of knowledge and skills under this paragraph
during the most recent school year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 11.

Minnesota Statutes 2004, section 122A.40, subdivision 13, is amended to read:


Subd. 13.

Immediate discharge.

(a) Except as otherwise provided in paragraph
(b), a board may discharge a continuing-contract teacher, effective immediately, upon any
of the following grounds:

(1) immoral conduct, insubordination, or conviction of a felony;

(2) conduct unbecoming a teacher which requires the immediate removal of the
teacher from classroom or other duties;

(3) failure without justifiable cause to teach without first securing the written release
of the school board;

(4) gross inefficiency which the teacher has failed to correct after reasonable written
notice;

(5) willful neglect of duty; or

(6) continuing physical or mental disability subsequent to a 12 months leave of
absence and inability to qualify for reinstatement in accordance with subdivision 12.

For purposes of this paragraph, conduct unbecoming a teacher includes an unfair
discriminatory practice described in section 363A.13.

Prior to discharging a teacher under this paragraph, the board must notify the
teacher in writing and state its ground for the proposed discharge in reasonable detail.
Within ten days after receipt of this notification the teacher may make a written request
for a hearing before the board and it shall be granted before final action is taken. The
board maydeleted text begin , however,deleted text end suspend a teacher with pay pending the conclusion of deleted text begin suchdeleted text end new text begin thenew text end
hearing and determination of the issues raised in the hearing after charges have been
filed which constitute ground for discharge.new text begin If a teacher has been charged with a felony
and the underlying conduct that is the subject of the felony charge is a ground for a
proposed immediate discharge, the suspension pending the conclusion of the hearing and
determination of the issues may be without pay. If a hearing under this paragraph is held,
the board must reimburse the teacher for any salary or compensation withheld if the
final decision of the board or the arbitrator does not result in a penalty on or suspension,
termination, or discharge of the teacher.
new text end

(b) A board must discharge a continuing-contract teacher, effective immediately,
upon receipt of notice under section 122A.20, subdivision 1, paragraph (b), that the
teacher's license has been revoked due to a conviction for child abuse or sexual abuse.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 12.

Minnesota Statutes 2005 Supplement, section 122A.628, is amended to read:


122A.628 SCHOOLS MENTORING SCHOOLS REGIONAL SITES.

Subdivision 1.

Program.

The commissioner of education shall select up to four
school districts, or partnerships of school districts, for the purpose of assisting other school
districts in the region with the development of thorough and effective teacher mentoring
programs. The commissioner shall use geographic balance and proven teacher induction
programs as criteria when selecting the sites. One site must include the Brainerd teacher
support system, which has been cited by the Minnesota Board of Teaching as a model
program and was one of only six programs in the nation to be recognized for the 2004
NEA-Saturn/UAW partnership award. The sites shall be known as schools mentoring
schools regional sites.

The sites shall provide high quality mentoring assistance programs and services to
other nearby school districts for the development of effective systems of support for new
teachers. The sites shall offer coaching/mentor training, in-class observation training, and
deleted text begin train-the-teacherdeleted text end new text begin train-the-trainernew text end opportunities for teams of participating teachers. The
sites shall use their recognized experience and methods to equip schools to work with their
own new and beginning teachers. The commissioner shall review and report annually to
the legislature on the operation of each training center.

Subd. 2.

Revenue.

A school district that is selected to participate in the schools
mentoring schools program under this section new text begin is eligible for a schools mentoring schools
grant or new text end may utilize its professional compensation revenue under section 122A.4142,
subdivision 4, to pay regional training sites for staff development and training services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
 new text end

Sec. 13.

new text begin [123A.47] ELECTION TO DETACH LAND FOR A NEW SCHOOL
DISTRICT.
 new text end

new text begin Subdivision 1. new text end

new text begin Detachment ballot question; school board general election. new text end

new text begin The
school board of an independent school district may, (1) on its own motion and consistent
with the hearing requirements under section 123A.46, subdivision 6, or (2) upon a petition
signed by at least 50 electors of the district or ten percent of the votes cast in the most
recent school board general election, whichever number is larger, and consistent with
the requirements for the content of a petition and the process for identifying eligible
voters under section 123A.46, subdivision 4, place on the ballot at the next school district
general election the following question: whether, as of the date when a new board can
be elected and qualified under subdivision 2, to detach from the school district a clearly
and accurately described land area located within the boundaries of the district and,
consequently, to classify that detached area as a new independent school district for which
the education commissioner must assign an identification number. The school board
must hold a timely formal hearing on the question before the next school district general
election. If the voters approve detaching the described land area and, consequently,
classifying that detached area as a new independent school district for which the education
commissioner must assign an identification number, then the detachment must be
accomplished according to this section.
 new text end

new text begin Subd. 2. new text end

new text begin School board elections. new text end

new text begin (a) The county auditor of the county that contains
the greatest land area for the newly constituted school district and the county auditor of
the county that contains the greatest land area for the newly reconstituted school district
must determine a date, not less than 30 nor more than 60 days after the voters approve the
detachment ballot question under subdivision 1, to hold a special election in the district
for the purpose of electing a board of six members for terms of four years and until
successors are elected and qualified under the applicable provisions in chapter 205A. The
provisions of section 123A.48, subdivision 20, paragraphs (a) to (e), governing school
board elections in consolidating districts shall apply to the newly constituted and newly
reconstituted districts under this section.
 new text end

new text begin (b) Notwithstanding any law to the contrary, the terms of the board members of the
school district from which land is being detached continue until the first school board
members are elected and qualified under this subdivision.
 new text end

new text begin (c) Notwithstanding any law to the contrary, an individual may serve on the school
board of the school district from which land is being detached and subsequently, if a
resident of the district, on a school board elected and qualified under this subdivision.
 new text end

new text begin Subd. 3. new text end

new text begin Direction to commissioner after voter approval. new text end

new text begin If the voters approve
the ballot question, the education commissioner shall classify the detached area as a new
independent school district and also classify the area that remains after the detachment as
a new independent school district, assign identification numbers to both new districts, and
modify the records and any plats, petitions, and proceedings involving the affected school
districts to conform with the detachment under this section.
 new text end

new text begin Subd. 4. new text end

new text begin Tax liability for existing bonded debt. new text end

new text begin All taxable property in the area
detached under subdivision 1 remains obligated for any bonded debt of the school district
from which the property was detached and to which that detached property was subject
before the date of the detachment. In addition, all taxable property in a newly classified
district is taxable for payment of school district obligations authorized on or after the date
of the detachment by the school board or the voters of that school district.
 new text end

new text begin Subd. 5. new text end

new text begin Current assets and liabilities; distribution of assets; real property. new text end

new text begin (a)
If the voters approve detachment under subdivision 1, and upon issuance of the report of
the school district canvassing board, the commissioner shall issue an order for dividing
and distributing the current assets and liabilities, real and personal, and the legally valid
and enforceable claims and contractual obligations of the school district from which the
property was detached, so that the two newly classified districts can independently operate.
 new text end

new text begin (b) The commissioner's order under paragraph (a) must transfer the real property
interests from the school district subject to the detachment to the two newly classified
districts. The commissioner must determine the distribution of and the amount, if any,
paid for the real property. The commissioner's order may impose in favor of one of the
two newly classified districts a specified dollar amount as a claim against the other
newly classified district receiving real property interests under the order. The claim must
be paid and enforced according to the law governing payment of judgments against a
school district.
 new text end

new text begin Subd. 6. new text end

new text begin Licensed and nonlicensed employees. new text end

new text begin (a) The obligations of both newly
classified districts to licensed employees are governed by section 123A.75.
 new text end

new text begin (b) The nonlicensed employees of the school district from which the property was
detached under subdivision 1 may apply to remain in the newly reconstituted district or
may apply to move to the newly constituted district. The commissioner shall assign the
nonlicensed employees to unfilled positions in both districts in order of seniority. All
rights of and obligations to nonlicensed employees continue in the same manner as before
the effective date of the detachment under subdivision 1.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 14.

new text begin [123B.022] PROHIBITING SCHOOL EMPLOYEES FROM USING
PUBLIC RESOURCES FOR ADVOCACY; ENDORSING TIMELY AND
CURRENT FACTUAL INFORMATION.
new text end

new text begin (a) A school board must adopt and implement a districtwide policy that prohibits
district employees from using district funds or other publicly funded district resources,
including time, materials, equipment, facilities, and communication technologies, among
other resources, to advocate for electing or defeating a candidate, passing or defeating
a ballot question, or passing or defeating pending legislation. The policy must apply
when the employee performs the duties assigned to the employee under the employee's
employment contract with the district. The policy must not apply when an employee
disseminates factual information consistent with the employee's contractual duties or
testifies at a public hearing. The policy also must not prohibit school administrators from
communicating with elected officials.
new text end

new text begin (b) The school board must provide the district's electorate with timely factual
information about a pending ballot question.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2006.
 new text end

Sec. 15.

Minnesota Statutes 2004, section 123B.749, is amended to read:


123B.749 STRUCTURALLY BALANCED SCHOOL DISTRICT BUDGETS.

new text begin Subdivision 1. new text end

new text begin Board resolution. new text end

(a) deleted text begin Prior todeleted text end new text begin Beforenew text end approving a collective
bargaining agreement that does not result from an interest arbitration decision, a school
board must determine by board resolution that the proposed agreement will not cause
structural imbalance in the district's budget during the new text begin agreement new text end period deleted text begin of the agreementdeleted text end .

(b) A school board may deleted text begin onlydeleted text end determine that an agreement will not cause structural
imbalance new text begin only new text end if expenditures will not exceed available funds, taking into account:

(1) current state aid formulas; and

(2) reasonable and comprehensive projections of ongoing revenues and expenditures
for the period of the agreement. deleted text begin It is expected thatdeleted text end new text begin The board must not usenew text end onetime
revenue deleted text begin may not be useddeleted text end for ongoing expenditures. new text begin Any amount in excess of the board's
resolution for the district's general fund balance is not onetime revenue under this section.
new text end The school board must make available with the resolution a summary of the projections
and calculations supporting the determination. The projections and calculations must
include state aid formulas, pupil units, and employee costsdeleted text begin , including deleted text end new text begin that reflect new text end the terms
of new text begin all applicable new text end labor agreements, including the agreement under consideration, new text begin its new text end fringe
benefits, severance pay, and staff changes.

(c) In addition to the determination deleted text begin required indeleted text end new text begin undernew text end paragraph (a), the school board
must project revenues, expenditures, and fund balances for deleted text begin one yeardeleted text end new text begin two yearsnew text end following
the period of the agreement. The projections must include the new text begin information new text end categories
deleted text begin of information described indeleted text end new text begin undernew text end paragraph (b), be reasonable and comprehensive, and
reference current state aid formulas.

(d) new text begin The board must make available new text end all projections and calculations required by
this section deleted text begin must be made availabledeleted text end new text begin and estimated district employee terminationsnew text end to the
public deleted text begin prior to anddeleted text end new text begin before, new text end atnew text begin , and afternew text end the meeting where the new text begin board adopts the new text end resolutionnew text begin ,new text end
deleted text begin is adopted in a mannerdeleted text end consistent with state law on public notice and access to public data.

(e) In an interest arbitration, the district must submit, and the exclusive bargaining
representative may submit, proposed determinations with supporting projections and
calculations consistent with paragraph (b) of the effect of the potential decision on the
structural balance of the district's budget. The arbitrator must consider the potential effect
of a decision on the structural balance of the district's budget for the term of the agreement.
The arbitrator's decision must describe the effect of the decision on the structural balance
of the district's budget in a manner consistent with paragraph (b). The arbitrator's decision
new text begin also new text end must deleted text begin alsodeleted text end show the effect of the decision on the school budget for one year following
the term of the contract at issue. Within 30 days of deleted text begin receipt of the decision ordeleted text end when the
board new text begin receives or new text end acts on the decision, whichever is earlier, the deleted text begin schooldeleted text end board must by
resolution determine the effect of the decision on the structural balance of its budget for
the term of the agreementnew text begin ,new text end consistent with paragraph (b).

(f) new text begin The board must submit new text end a copy of the resolution with the supporting projections
and calculations deleted text begin must be submitteddeleted text end to the commissioner deleted text begin of educationdeleted text end with the uniform
collective bargaining agreement settlement document within 30 days of deleted text begin adoption ofdeleted text end new text begin
adoptingnew text end the resolution. The commissioner must develop a model form for deleted text begin use bydeleted text end districts
new text begin to use new text end in reporting projections and calculations. new text begin The commissioner must not accept any
reports that do not comply with this section. new text end The commissioner must make all resolutions,
projections, and calculations available to the public.

(g) Compliance with this section by itself is not an unfair labor practice under
section 179A.13, subdivision 2.

new text begin Subd. 2. new text end

new text begin Penalty payment. new text end

new text begin Annually by August 15, the school board must submit a
report to the commissioner summarizing the cumulative effect of all collective bargaining
agreements in the previous fiscal year. A school board that fails to submit a timely
year-end report to the commissioner must transmit to the department within 45 business
days of when the report was due a penalty payment from its general fund equal to $1 times
the number of adjusted pupil units for the district during that fiscal year. The board, before
transmitting payment, must formally approve the payment at a regularly scheduled board
meeting and the board must include the matter of payment on its regular agenda and must
not include the matter of payment on its consent agenda for that meeting.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2006-2007 school year.
new text end

Sec. 16.

Minnesota Statutes 2005 Supplement, section 124D.095, subdivision 4,
is amended to read:


Subd. 4.

Online learning parameters.

(a) An online learning student must receive
academic credit for completing the requirements of an online learning course or program.
Secondary credits granted to an online learning student must be counted toward the
graduation and credit requirements of the enrolling district. The enrolling district must
apply the same graduation requirements to all students, including online learning students,
and must continue to provide nonacademic services to online learning students. If a
student completes an online learning course or program that meets or exceeds a graduation
standard or grade progression requirement at the enrolling district, that standard or
requirement is met. The enrolling district must use the same criteria for accepting online
learning credits or courses as it does for accepting credits or courses for transfer students
under section 124D.03, subdivision 9. The enrolling district may reduce the teacher
contact time of an online learning student in proportion to the number of online learning
courses the student takes from an online learning provider that is not the enrolling district.

(b) An online learning student may:

(1) enroll during a single school year in a maximum of 12 semester-long courses or
their equivalent delivered by an online learning provider or the enrolling district;

(2) complete course work at a grade level that is different from the student's current
grade level; and

(3) enroll in additional courses with the online learning provider under a separate
agreement that includes terms for payment of any tuition or course fees.

deleted text begin (c) A student with a disability may enroll in an online learning course or program
if the student's IEP team determines that online learning is appropriate education for
the student.
 deleted text end

deleted text begin (d)deleted text end new text begin (c) new text end An online learning student has the same access to the computer hardware
and education software available in a school as all other students in the enrolling district.
An online learning provider must assist an online learning student whose family qualifies
for the education tax credit under section 290.0674 to acquire computer hardware and
educational software for online learning purposes.

deleted text begin (e)deleted text end new text begin (d) new text end An enrolling district may offer online learning to its enrolled students.
Such online learning does not generate online learning funds under this section. An
enrolling district that offers online learning only to its enrolled students is not subject
to the reporting requirements or review criteria under subdivision 7. A teacher with a
Minnesota license must assemble and deliver instruction to enrolled students receiving
online learning from an enrolling district. The delivery of instruction occurs when the
student interacts with the computer or the teacher and receives ongoing assistance and
assessment of learning. The instruction may include curriculum developed by persons
other than a teacher with a Minnesota license.

deleted text begin (f)deleted text end new text begin (e) new text end An online learning provider that is not the enrolling district is subject to
the reporting requirements and review criteria under subdivision 7. A teacher with a
Minnesota license must assemble and deliver instruction to online learning students. The
delivery of instruction occurs when the student interacts with the computer or the teacher
and receives ongoing assistance and assessment of learning. The instruction may include
curriculum developed by persons other than a teacher with a Minnesota license. Unless
the commissioner grants a waiver, a teacher providing online learning instruction must not
instruct more than 40 students in any one online learning course or program.

Sec. 17.

Minnesota Statutes 2004, section 124D.10, subdivision 3, is amended to read:


Subd. 3.

Sponsor.

(a) A school board; intermediate school district school board;
education district organized under sections 123A.15 to 123A.19; charitable organization
under section 501(c)(3) of the Internal Revenue Code of 1986 that is a member of the
Minnesota Council of Nonprofits or the Minnesota Council on Foundations, registered
with the attorney general's office, and reports an end-of-year fund balance of at least
$2,000,000; Minnesota private college that grants two- or four-year degrees and is
registered with the Higher Education Services Office under chapter 136A; community
college, state university, or technical college, governed by the Board of Trustees of the
Minnesota State Colleges and Universities; or the University of Minnesota may sponsor
one or more charter schools.

(b) A nonprofit corporation subject to chapter 317A, described in section 317A.905,
and exempt from federal income tax under section 501(c)(6) of the Internal Revenue Code
of 1986, may sponsor one or more charter schools if the charter school has operated for
at least three years under a different sponsor and if the nonprofit corporation has existed
for at least 25 years.

new text begin (c) The commissioner of education may approve up to five charitable organizations
under section 501(c)(3) of the Internal Revenue Code of 1986 that sponsor charter schools
as their principle charitable purpose. Eligible charitable organizations interested in being
approved as a sponsor under this paragraph must submit a proposal to the commissioner
that includes:
 new text end

new text begin (1) the articles, bylaws, and initial membership of the charitable organization's
board of directors;
 new text end

new text begin (2) financial information consistent with section 309.53, subdivision 3;
 new text end

new text begin (3) a description of how the charitable organization plans to realize its principle
charitable purpose; and
new text end

new text begin (4) other information requested by the commissioner.
 new text end

new text begin A charitable organization that is approved as a sponsor under this paragraph annually
must report to the commissioner in the form and manner the commissioner determines.
The report must describe the charter schools authorized by the charitable organization,
the effectiveness of those charter schools in promoting student achievement, and the
governance structure of those charter schools, and also must include other information
requested by the commissioner. An approved charitable organization may sponsor one
or more charter schools. The commissioner may withdraw the approval of a charitable
organization to sponsor a charter school under this paragraph if the commissioner
determines that the charitable organization fails to meet generally accepted standards of
fiscal management, violates the law, or shows other good cause. The commissioner's
determination is final. When the commissioner withdraws the approval of a charitable
organization to sponsor a charter school, the commissioner may approve the decision of
a different eligible sponsor to authorize the charter school or may apply subdivision 24
governing student enrollment when a charter school contract is not renewed or terminated.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 18.

Minnesota Statutes 2005 Supplement, section 124D.10, subdivision 6, is
amended to read:


Subd. 6.

Contract.

The sponsor's authorization for a charter school must be in the
form of a written contract signed by the sponsor and the board of directors of the charter
school. The contract must be completed within 90 days of the commissioner's approval
of the sponsor's proposed authorization. The contract for a charter school must be in
writing and contain at least the following:

(1) a description of a program that carries out one or more of the purposes in
subdivision 1;

(2) specific outcomes pupils are to achieve under subdivision 10;

(3) admission policies and procedures;

(4) management and administration of the school;

(5) requirements and procedures for program and financial audits;

(6) how the school will comply with subdivisions 8, 13, 16, and 23;

(7) assumption of liability by the charter school;

(8) types and amounts of insurance coverage to be obtained by the charter school;

(9) the term of the contract, which may be up to three yearsnew text begin for initial contracts
and up to five years for renewed contractsnew text end ;

(10) if the board of directors or the operators of the charter school provide special
instruction and services for children with a disability under sections 125A.03 to 125A.24,
and 125A.65, a description of the financial parameters within which the charter school will
operate to provide the special instruction and services to children with a disability; and

(11) the process and criteria the sponsor intends to use to monitor and evaluate the
fiscal and student performance of the charter school, consistent with subdivision 15.

Sec. 19.

Minnesota Statutes 2004, section 124D.10, subdivision 16, is amended to read:


Subd. 16.

Transportation.

(a) deleted text begin By July 1 of each year, a charter schooldeleted text end new text begin A charter
school by March 1 of each fiscal year after its first fiscal year of operation and a charter
school by July 1 of its first fiscal year of operationnew text end must notify the district in which the
school is located and the Department of Education if it will provide deleted text begin transportation for
pupils enrolled in the schooldeleted text end new text begin its own transportation or use the transportation services of
the district in which it is located new text end for the new text begin next new text end fiscal year.

(b) If a charter school elects to provide transportation for pupils, the transportation
must be provided by the charter school within the district in which the charter school is
located. The state must pay transportation aid to the charter school according to section
124D.11, subdivision 2.

For pupils who reside outside the district in which the charter school is located, the
charter school is not required to provide or pay for transportation between the pupil's
residence and the border of the district in which the charter school is located. A parent
may be reimbursed by the charter school for costs of transportation from the pupil's
residence to the border of the district in which the charter school is located if the pupil is
from a family whose income is at or below the poverty level, as determined by the federal
government. The reimbursement may not exceed the pupil's actual cost of transportation
or 15 cents per mile traveled, whichever is less. Reimbursement may not be paid for
more than 250 miles per week.

At the time a pupil enrolls in a charter school, the charter school must provide the
parent or guardian with information regarding the transportation.

(c) If a charter school does not elect to provide transportation, transportation for
pupils enrolled at the school must be provided by the district in which the school is
located, according to sections 123B.88, subdivision 6, and 124D.03, subdivision 8, for a
pupil residing in the same district in which the charter school is located. Transportation
may be provided by the district in which the school is located, according to sections
123B.88, subdivision 6, and 124D.03, subdivision 8, for a pupil residing in a different
district. If the district provides the transportation, the scheduling of routes, manner and
method of transportation, control and discipline of the pupils, and any other matter relating
to the transportation of pupils under this paragraph shall be within the sole discretion,
control, and management of the district.

Sec. 20.

Minnesota Statutes 2004, section 124D.11, subdivision 9, is amended to read:


Subd. 9.

Payment of aids to charter schools.

(a) Notwithstanding section 127A.45,
subdivision 3, aid payments for the current fiscal year to a charter school not in its first
year of operation shall be of an equal amount on each of the 23 payment dates. A charter
school in its first year of operation shall receive, on its first payment date, ten percent of its
cumulative amount guaranteed for the year and 22 payments of an equal amount thereafter
the sum of which shall deleted text begin be 90 percent ofdeleted text end new text begin equal the current year aid payment percentage
multiplied by new text end the cumulative amount guaranteed.

(b) Notwithstanding paragraph (a), for a charter school ceasing operation prior to the
end of a school year, deleted text begin 80 percent ofdeleted text end new text begin the current year aid payment percentage multiplied by
new text end the amount due for the school year may be paid to the school after audit of prior fiscal year
and current fiscal year pupil counts.new text begin For a charter school ceasing operations prior to, or
at the end of a school year, notwithstanding section 127A.45, subdivision 3, preliminary
final payments may be made after audit of pupil counts, monitoring of special education
expenditures, and documentation of lease expenditures for the final year of operation.
Final payment may be made upon receipt of audited financial statements under section
123B.77, subdivision 3.
new text end

(c) Notwithstanding section 127A.45, subdivision 3, and paragraph (a), 80 percent
of the start-up cost aid under subdivision 8 shall be paid within 45 days after the first day
of student attendance for that school year.

(d) In order to receive state aid payments under this subdivision, a charter school in
its first three years of operation must submit a school calendar in the form and manner
requested by the department and a quarterly report to the Department of Education. The
report must list each student by grade, show the student's start and end dates, if any,
with the charter school, and for any student participating in a learning year program,
the report must list the hours and times of learning year activities. The report must be
submitted not more than two weeks after the end of the calendar quarter to the department.
The department must develop a Web-based reporting form for charter schools to use
when submitting enrollment reports. A charter school in its fourth and subsequent year of
operation must submit a school calendar and enrollment information to the department in
the form and manner requested by the department.

new text begin (e) Notwithstanding sections 317A.701 to 317A.791, upon closure of a charter
school and satisfaction of creditors, cash and investment balances remaining shall be
returned to the state.
 new text end

Sec. 21.

Minnesota Statutes 2004, section 124D.61, is amended to read:


124D.61 GENERAL REQUIREMENTS FOR PROGRAMS.

A district deleted text begin which receives aid pursuant to section 124D.65 must comply withdeleted text end new text begin that
enrolls one or more children of limited English proficiency must implement an educational
program that includes at a minimumnew text end the following deleted text begin programdeleted text end requirements:

(1) new text begin identification and reclassification criteria for children of limited English
proficiency and program entrance and exit criteria for children with limited English
proficiency must be documented by the district, applied uniformly to children of limited
English proficiency, and made available to parents and other stakeholders upon request;
new text end

new text begin (2) a written plan of services that describes programming by English proficiency
level made available to parents upon request. The plan must articulate the amount and
scope of service offered to children of limited English proficiency through an educational
program for children of limited English proficiency;
 new text end

new text begin (3) professional development opportunities for ESL, bilingual education,
mainstream, and all staff working with children of limited English proficiency which are:
(i) coordinated with the district's professional development activities; (ii) related to the
needs of children of limited English proficiency; and (iii) ongoing;
 new text end

new text begin (4) new text end to the extent possible, deleted text begin the district mustdeleted text end avoid isolating children of limited English
proficiency for a substantial part of the school day; and

deleted text begin (2)deleted text end new text begin (5)new text end in predominantly nonverbal subjects, such as art, music, and physical
education, new text begin permit new text end pupils of limited English proficiency deleted text begin shall be permitteddeleted text end to participate
fully and on an equal basis with their contemporaries in public school classes provided
for these subjects. To the extent possible, the district must assure to pupils enrolled in a
program for limited English proficient students an equal and meaningful opportunity to
participate fully with other pupils in all extracurricular activities.

Sec. 22.

Minnesota Statutes 2004, section 124D.86, subdivision 3, is amended to read:


Subd. 3.

Integration revenue.

Integration revenue equals the following amounts:

(1) for Independent School District No. 709, Duluth, $206 times the adjusted pupil
units for the school year;

(2) for Independent School District No. 625, St. Paul, $445 times the adjusted
pupil units for the school year;

(3) for Special School District No. 1, Minneapolis, the sum of $445 times the
adjusted pupil units for the school year and an additional $35 times the adjusted pupil units
for the school year that is provided entirely through a local levy;

(4) for a district not listed in clause (1), (2), or (3), that must implement a plan
under Minnesota Rules, parts 3535.0100 to 3535.0180, where the district's enrollment of
protected students, as defined under Minnesota Rules, part 3535.0110, exceeds 15 percent,
the lesser of (i) the actual cost of implementing the plan during the fiscal year minus the aid
received under subdivision 6, or (ii) $129 times the adjusted pupil units for the school year;

(5) for a district not listed in clause (1), (2), (3), or (4), that is required to implement
a plan according to the requirements of Minnesota Rules, parts 3535.0100 to 3535.0180,
the lesser of

(i) the actual cost of implementing the plan during the fiscal year minus the aid
received under subdivision 6, or

(ii) $92 times the adjusted pupil units for the school yearnew text begin ; or
new text end

new text begin (6) for a school district not eligible under clauses (1) to (5) that has a protected
student enrollment of more than 13 percent that files a plan under Minnesota Rules, part
3535.0110, $92 times the adjusted pupil units for the school yearnew text end .

Any money received by districts in clauses (1) to (3) which exceeds the amount
received in fiscal year 2000 shall be subject to the budget requirements in subdivision
1a; and

deleted text begin (6)deleted text end new text begin (7)new text end for a member district of a multidistrict integration collaborative that files a
plan with the commissioner, but is not contiguous to a racially isolated district, integration
revenue equals the amount defined in clause (5).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2008.
 new text end

Sec. 23.

new text begin [124D.935] HIGH SCHOOL REDESIGN GRANTS.
 new text end

new text begin Subdivision 1. new text end

new text begin Establishment; eligibility. new text end

new text begin A ten-year grant program is established
to improve student achievement in, improve teaching and learning of, and provide
expanded access to science, technology, engineering, and mathematics in a high school
through innovative strategies that better prepare students to succeed at postsecondary
education or complex work. School districts, charter schools, intermediate districts,
groups of districts that cooperate for a particular purpose, and other public educational
institutions interested in participating in this grant program must:
 new text end

new text begin (1) design new or improve and adapt existing courses, programs, or a series of
aligned learning opportunities in science, technology, engineering, and mathematics to
incorporate algebra I in grade 8 and algebra II in high school and to integrate algebra II
into career and technical education programs where appropriate;
 new text end

new text begin (2) use applied learning strategies to improve the quality of and access to science,
technology, engineering, and mathematics courses, curricula, and laboratories for all
students, with strategies to aggressively increase the number of low-income and other
educationally at-risk students enrolling in these courses;
 new text end

new text begin (3) improve science, technology, engineering, and mathematics instruction for
students in underserved rural or urban areas or economically disadvantaged areas and for
other students who are educationally at risk;
 new text end

new text begin (4) develop innovative ways to integrate technology into teaching and learning using
modern computers, networking, high quality educational software, multimedia across
curriculum, and affordable Internet connections;
 new text end

new text begin (5) advance the use of new technology, assistive technology, and media and materials
effective in educating youth with disabilities;
 new text end

new text begin (6) improve the content, interdisciplinary, and pedagogical knowledge of teachers,
administrators, and other educators who play a significant role in providing students with
challenging science, technology, engineering, and mathematics education, and focus on
teacher professional development;
 new text end

new text begin (7) use the ACT explore and plan system in grades 8 and 10 or other appropriate
education and career planning resources to identify the academic strengths and remedial
needs of individual students and provide individual students with education and career
planning information and counseling sufficient to select an appropriate planned high
school course sequence and make a successful transition to postsecondary education
or advanced work;
 new text end

new text begin (8) enable teachers to individualize student instruction and allow students to
experiment, acquire skills, and apply content knowledge in science, technology,
engineering, and mathematics;
new text end

new text begin (9) sustain educational improvements in science, technology, engineering, and
mathematics by providing expert and peer advice and identifying, documenting, and
disseminating best practices and lessons to teachers and administrators statewide; and
 new text end

new text begin (10) develop partnerships with postsecondary institutions, business organizations,
professional organizations, and community-based organizations interested in science,
technology, engineering, or mathematics.
new text end

new text begin Subd. 2. new text end

new text begin Application and review process; funding priority. new text end

new text begin (a) School districts,
charter schools, intermediate districts, groups of districts that cooperate for a particular
purpose, and other public educational institutions interested in participating in this grant
program may apply to the commissioner, in the form and manner the commissioner
determines, for competitive funding to improve student achievement in, improve teaching
and learning of, and provide expanded access to science, technology, engineering, and
mathematics in a high school, consistent with subdivision 1. The application must detail
the specific efforts the applicant intends to undertake to successfully implement innovative
strategies that affect the learning environment, academic content, and educational practices
in high school, and must include a proposed budget detailing the applicant's current and
proposed expenditures for these purposes. The proposed budget must demonstrate that the
applicant's efforts will supplement but not supplant expenditures the applicant currently
makes for science, technology, engineering, and mathematics teaching and learning.
Administrative expenditures must not exceed five percent of the proposed budget. The
commissioner may require an applicant to provide additional information.
 new text end

new text begin (b) When reviewing applications, the commissioner must determine whether
the applicant satisfied all the requirements in this subdivision and subdivision 1. The
commissioner may give funding priority to an otherwise qualified candidate that:
new text end

new text begin (1) combines day and evening programs;
new text end

new text begin (2) restructures grade 12 to allow students to complete out-of-school learning
experiences aligned with their in-school program;
new text end

new text begin (3) uses online learning options;
 new text end

new text begin (4) embeds higher level science, technology, engineering, and mathematics into
redesigned career and technical programs;
new text end

new text begin (5) enables students to receive both high school and college credit for successfully
completing science, technology, engineering, and mathematics programs and meeting
postsecondary institution placement requirements;
new text end

new text begin (6) targets low-income and other educationally at-risk students to improve their
participation and performance in science, technology, engineering, and mathematics
courses and careers; or
new text end

new text begin (7) strongly supports all students in exploring and preparing for careers in science,
technology, engineering, or mathematics.
new text end

new text begin The commissioner shall give funding priority to an otherwise qualified recipient
that received a grant for the previous fiscal year if the annual reports the recipient
submitted under subdivision 4 demonstrate that the recipient continues to improve student
achievement in, improve teaching and learning of, and provide expanded access to science,
technology, engineering, and mathematics in a high school.
 new text end

new text begin Subd. 3. new text end

new text begin Grants; permissible uses. new text end

new text begin (a) The commissioner may award grants to
applicants meeting the requirements of subdivisions 1 and 2. The commissioner must
award grants on an equitable geographical basis to the extent feasible and consistent
with this section.
new text end

new text begin (b) Each grant recipient must expend all grant funds it receives consistent with its
approved application and budget and this section.
new text end

new text begin Subd. 4. new text end

new text begin Annual reports. new text end

new text begin (a) Each recipient of a grant under this section must
annually collect student and teacher data to demonstrate and measure the extent to which
the grant recipient improves student achievement in, improves teaching and learning of,
and provides expanded access to science, technology, engineering, and mathematics in
a high school, and must report the data to the commissioner in the form and manner
the commissioner determines. The commissioner must annually, by February 15, make
summary data about this program available to the committees with jurisdiction over
education policy and finance in the house of representatives and senate.
 new text end

new text begin (b) Each grant recipient under this section must annually report to the commissioner,
consistent with the Uniform Financial Accounting and Reporting Systems, its actual
expenditures for the efforts it undertakes under this section. The report must demonstrate
that the grant recipient has maintained its effort from other sources for science, technology,
engineering, and mathematics teaching and learning efforts compared with the previous
fiscal year, and that the grant recipient has expended all grant funds it received under this
section consistent with its approved application and budget. Any unexpended grant funds
remaining at the end of a fiscal year must be reserved and expended consistent with the
grant recipient's approved budget for the subsequent fiscal year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to the 2006-2007 school year.
 new text end

Sec. 24.

Minnesota Statutes 2004, section 299F.30, is amended to read:


299F.30 FIRE DRILL IN SCHOOL; DOORS AND EXITS.

Subdivision 1.

Duties of fire marshal.

new text begin Consistent with sections 121A.035,
121A.037, and this section, new text end it shall be the duty of the state fire marshal, deputies and
assistants, to require public and private schools and educational institutions to have at
leastdeleted text begin ninedeleted text end new text begin fivenew text end fire drills each school year and to keep all doors and exits unlocked from the
inside of the building during school hours.

Subd. 2.

Fire drill.

Each superintendent, principal or other person in charge of a
public or private school, educational institution, children's home or orphanage housing 20
or more students or other persons, shall instruct and train such students or other persons to
quickly and expeditiously quit the premises in case of fire or other emergency by means of
drills or rapid dismissals deleted text begin at least once each monthdeleted text end while such school, institution, home or
orphanage is in operation. Records of such drills shall be posted so that such records are
available for review by the state fire marshal at all times and shall include the drill date
and the time required to evacuate the building.

Subd. 3.

School doors and exits.

new text begin Consistent with section 121A.035 and this
section, new text end each superintendent, principal or other person in charge of a public or private
school, educational institution, children's home or orphanage shall keep all doors and exits
of such school, institution, home or orphanage unlocked so that persons can leave by such
doors or exits at any time during the hours of normal operation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2006-2007 school year.
new text end

Sec. 25.

Laws 2003, First Special Session chapter 9, article 2, section 51, is amended
to read:


Sec. 51. CHARTER SCHOOL START-UP AID.


A charter school in its first year of operation during fiscal year 2004 or 2005 is not
eligible for charter school start-up aid new text begin for fiscal years 2004 or 2005 new text end under Minnesota
Statutes, section 124D.11, subdivision 8. new text begin A charter school in its first year of operation
during fiscal year 2005 is eligible for 65 percent of the charter school start-up aid the
charter school would otherwise receive for fiscal year 2006.new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
for revenue for fiscal year 2006.
new text end

Sec. 26.

Laws 2005, First Special Session chapter 5, article 1, section 47, is amended
to read:


Sec. 47. ALTERNATIVE TEACHER COMPENSATION REVENUE
GUARANTEE.


Notwithstanding Minnesota Statutes, sections 122A.415, subdivision 1, and
126C.10, subdivision 34, paragraphs (a) and (b), a school district that received alternative
teacher compensation aid for fiscal year 2005, but does not qualify for alternative
teacher compensation revenue for all sites in the district for fiscal year 2006 deleted text begin ordeleted text end new text begin ,new text end 2007,
new text begin 2008, or 2009, new text end shall receive additional basic alternative teacher compensation aid for
that fiscal year equal to the lesser of the amount of alternative teacher compensation
aid it received for fiscal year 2005 or the amount it would have received for that fiscal
year under Minnesota Statutes 2004, section 122A.415, subdivision 1, for teachers at
sites not qualifying for alternative teacher compensation revenue for that fiscal year, if
the district submits a timely application and the commissioner determines that the district
continues to implement an alternative teacher compensation system, consistent with its
application under Minnesota Statutes 2004, section 122A.415, for fiscal year 2005. The
additional basic alternative teacher compensation aid under this section must not be used
in calculating the alternative teacher compensation levy under Minnesota Statutes, section
126C.10, subdivision 35. This section applies only to fiscal years 2006 deleted text begin and 2007deleted text end new text begin through
2009new text end and does not apply to later fiscal years.

Sec. 27.

Laws 2005, First Special Session chapter 5, article 2, section 81, is amended
to read:


Sec. 81. BOARD OF SCHOOL ADMINISTRATORS; RULEMAKING
AUTHORITY.


On or before June 30, 2007, the Board of School Administrators may adopt
deleted text begin expediteddeleted text end rules deleted text begin under Minnesota Statutes, section 14.389,deleted text end to new text begin reflect the changes in duties,
responsibilities, and roles of school administrators under sections 121A.035, 121A.037
and 299F.30, and to new text end make technical revisions and clarifications to Minnesota Rules,
chapter 3512.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 28.

Laws 2005, First Special Session chapter 5, article 2, section 84, subdivision
3, is amended to read:


Subd. 3. Charter school startup aid. For charter school startup cost aid under
Minnesota Statutes, section 124D.11:

$
 deleted text begin 1,393,000
 deleted text end new text begin 2,180,000
 new text end 		.....
 2006
$
 deleted text begin 3,185,000
 deleted text end new text begin 2,446,000
 new text end 		.....
 2007

The 2006 appropriation includes $0 for 2005 and deleted text begin $1,393,000 deleted text end new text begin $2,180,000new text end for 2006.

The 2007 appropriation includes deleted text begin $259,000deleted text end new text begin $242,000 new text end for 2006 and deleted text begin $2,926,000deleted text end
new text begin $2,204,000new text end for 2007.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 29.

Laws 2005, First Special Session chapter 5, article 2, section 84, subdivision
13, is amended to read:



Subd. 13. Examination fees; teacher training and support programs. (a) For
students' advanced placement and international baccalaureate examination fees under
Minnesota Statutes, section 120B.13, subdivision 3, deleted text begin anddeleted text end the training and related costs
for teachers and other interested educators under Minnesota Statutes, section 120B.13,
subdivision 1new text begin , and grants under Minnesota Statutes, section 120B.132new text end :

$
4,500,000
.....
 2006
$
deleted text begin 4,500,000
deleted text end new text begin 6,000,000
new text end 		.....
2007

(b) The advanced placement program shall receive 75 percent of the appropriation
each year and the international baccalaureate program shall receive 25 percent of the
appropriation each year. The department, in consultation with representatives of the
advanced placement and international baccalaureate programs selected by the Advanced
Placement Advisory Council and IBMN, respectively, shall determine the amounts of
the expenditures each year for examination fees and training and support programs for
each program.


(c) deleted text begin Notwithstanding Minnesota Statutes, section 120B.13, subdivision 1, at least
$500,000 each year is for teachers to attend subject matter summer training programs
and follow-up support workshops approved by the advanced placement or international
baccalaureate programs. The amount of the subsidy for each teacher attending an
advanced placement or international baccalaureate summer training program or workshop
shall be the same. The commissioner shall determine the payment process and the amount
of the subsidy.deleted text end new text begin Teachers shall apply for teacher training scholarships to prepare for
teaching in the advanced placement or international baccalaureate program. Any reserved
funding not expended for teacher training may be used for exam fees and other support
programs for each program.new text end


(d) The commissioner shall pay all examination fees for all students of low-income
families under Minnesota Statutes, section 120B.13, subdivision 3, and to the extent
of available appropriations shall also pay examination fees for students sitting for an
advanced placement examination, international baccalaureate examination, or both.

new text begin (e) $1,500,000 of the fiscal year 2007 appropriation is for grants under Minnesota
Statutes, section 120B.132.
new text end


Any balance in the first year does not cancel but is available in the second year.


new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 30.

Laws 2005, First Special Session chapter 5, article 2, section 84, subdivision
16, is amended to read:



Subd. 16. Youth works program. For funding youth works programs under
Minnesota Statutes, sections 124D.37 to 124D.45:

$
900,000
.....
 2006
$
deleted text begin 900,000
deleted text end new text begin 1,150,000
new text end 		.....
2007

A grantee organization may provide health and child care coverage to the dependents
of each participant enrolled in a full-time youth works program to the extent such coverage
is not otherwise available.

new text begin $200,000 of the 2007 appropriation is for training in early literacy skills and teaching
reading to preschool children under Minnesota Statutes, section 124D.42, subdivision
6, clause (3). Funding recipients must report to the commissioner on the impact of the
training on the early literacy and reading skills of the preschool children the recipients
served. This portion of the appropriation is onetime.
new text end

new text begin $50,000 of the 2007 appropriation is for the Admission Possible program. This
portion of the appropriation is onetime.
new text end


new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2007.
new text end

Sec. 31. new text begin CHINESE LANGUAGE PROGRAMS; CURRICULUM
DEVELOPMENT PROJECT.
new text end

new text begin Subdivision 1. new text end

new text begin Project parameters. new text end

new text begin (a) Notwithstanding other law to the contrary,
the commissioner of education may contract with the Board of Regents of the University
of Minnesota, the Center for Advanced Research on Language Acquisition (CARLA) or
other entity the commissioner determines is qualified to undertake the development of an
articulated kindergarten through grade 12 Chinese language curriculum for Minnesota
schools that involves:
 new text end

new text begin (1) creating a network of Chinese language teachers and educators able to
develop new and modify or expand existing world languages K-12 curricula, materials,
assessments, and best practices needed to provide Chinese language instruction to
students; and
 new text end

new text begin (2) coordinating statewide efforts to develop and expand Chinese language
instruction so that it is uniformly available to students throughout the state, and making
innovative use of media and technology, including television, distance learning, and online
courses to broaden students' access to the instruction.
 new text end

new text begin (b) The entity with which the commissioner contracts under paragraph (a) must have
sufficient knowledge and expertise to ensure the professional development of appropriate,
high quality curricula, supplementary materials, aligned assessments, and best practices
that accommodate different levels of student ability and types of programs.
 new text end

new text begin (c) Project participants must:
 new text end

new text begin (1) work throughout the project to develop curriculum, supplementary materials,
aligned assessments, and best practices; and
 new text end

new text begin (2) make curriculum, supplementary materials, aligned assessments, and best
practices equitably available to Minnesota schools and students.
 new text end

new text begin Subd. 2. new text end

new text begin Project participants. new text end

new text begin The entity with which the commissioner contracts
must work with the network of Chinese language teachers and educators to:
 new text end

new text begin (1) conduct an inventory of Chinese language curricula, supplementary materials,
and professional development initiatives currently used in Minnesota or other states;
 new text end

new text begin (2) develop Chinese language curricula and benchmarks aligned to local world
language standards and classroom-based assessments; and
 new text end

new text begin (3) review and recommend to the commissioner how best to build an educational
infrastructure to provide more students with Chinese language instruction, including
how to develop and provide: an adequate supply of Chinese language teachers; an
adequate number of high quality school programs; appropriate curriculum, instructional
materials, and aligned assessments that include technology-based delivery systems;
teacher preparation programs to train Chinese language teachers; expedited licensing of
Chinese language teachers; best practices in existing educational programs that can be
used to establish K-12 Chinese language programs; and technical assistance resources.
 new text end

new text begin Subd. 3. new text end

new text begin Applicability of Chinese language curriculum development project
work product to other world languages instruction. new text end

new text begin The commissioner must report to
the house of representatives and senate committees having jurisdiction over kindergarten
through grade 12 education policy and finance on the parameters of the Chinese language
curriculum development project by June 30, 2007. The commissioner's report shall
examine the extent to which the project's work product can be applied to other world
languages, and the commissioner must include in the report current information about the
availability of world languages teachers, world languages curriculum, high-quality world
languages programs in schools, aligned world languages assessments, and best practices
applicable to world languages instruction.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 32. new text begin ADVISORY TASK FORCE ON SCHOOL AND STAFF
EMERGENCY/ALL HAZARD PREPAREDNESS.
new text end

new text begin (a) An advisory task force on school and staff emergency/all hazard preparedness
is established to consider and recommend to the legislature proposals for strengthening
kindergarten through grade 12 crisis management and school safety efforts including, at
least, whether or not to:
 new text end

new text begin (1) develop specific K-12 teacher and school administrator competencies related to
emergency/all hazard preparedness;
 new text end

new text begin (2) provide emergency/all hazard preparedness training to currently licensed K-12
teachers and school administrators;
new text end

new text begin (3) incorporate emergency/all hazard preparedness competencies into existing
teacher and school administrator preparation curriculum;
 new text end

new text begin (4) identify key emergency/all hazard preparedness competencies appropriate to
teacher and school administrator preparation curriculum and ongoing teacher and school
administrator training; and
 new text end

new text begin (5) expect federal funds to supplement state emergency/all hazard preparedness
initiatives.
 new text end

new text begin (b) The commissioner of education shall appoint an advisory task force on school
and staff emergency/all hazard preparedness that is composed of a representative from
each of the following entities: the state Board of Teaching; the state Board of School
Administrators; the state fire marshal; law enforcement agencies; emergency responders;
school principals; school counselors; nonlicensed school employees; the Minnesota School
Boards Association; Education Minnesota; the Minnesota Department of Education; the
Minnesota Department of Health; the Minnesota Department of Public Safety; Minnesota
State Colleges and Universities; Minnesota Association of School Administrators; and
others recommended by task force members. Task force members' terms and other task
force matters are subject to Minnesota Statutes, section 15.059. The commissioner may
reimburse task force members from the education department's current operating budget
but may not compensate task force members for task force activities. The task force
must submit by February 15, 2007, to the education policy and finance committees of the
legislature a written report that includes recommendations on strengthening K-12 crisis
management and school safety efforts.
 new text end

new text begin (c) The task force expires February 16, 2007.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 33. new text begin 2006 SCHOOL ACCOUNTABILITY REPORT.
new text end

new text begin Notwithstanding Minnesota Statutes, section 120B.36, for 2006 reporting only, the
Department of Education may delay the release to the public and the posting of the 2006
school performance report cards and adequate yearly progress data on its public Web
site to no later than November 30, 2006.
 new text end

Sec. 34. new text begin ADVISORY TASK FORCE ON OPTIONS FOR ACCELERATED
K-12 TECHNOLOGY, SCIENCE, AND MATHEMATICS PROGRAMS
THROUGHOUT MINNESOTA.
new text end

new text begin (a) An advisory task force on options for accelerated kindergarten through grade
12 technology, science, and mathematics programs throughout Minnesota is established
to consider and recommend to the legislature alternatives for delivering accelerated
technology, science, and mathematics programs to eligible students throughout Minnesota
that include creating an academic center. Recommended programs must provide
accelerated technology, science, and mathematics instruction to eligible students in grades
6 through 12 and be cost effective and efficiently implemented and operated. Other
recommended programs may offer accelerated technology, science, and mathematics
instruction to other eligible elementary grade students, provide out-of-school and summer
school K-12 technology, science, and mathematics instruction throughout the state, provide
professional development for K-12 teachers in technology, science and mathematics
curriculum and instruction, and develop technology, science and mathematics curriculum.
new text end

new text begin (b) The advisory task force at least must:
 new text end

new text begin (1) evaluate and compare at least five alternatives for delivering accelerated
technology, science, and mathematics programs to Minnesota students that include creating
an academic center that may be patterned after the Perpich Center for Arts Education
under Minnesota Statutes, chapter 129C, and may include online learning, satellite
technology, science, and mathematics centers, and a consortium of available accelerated
technology, science, and mathematics or accelerated education programs, among other
alternatives, and evaluate how such programs may be integrated into the academic center;
 new text end

new text begin (2) identify and evaluate possible members for a science, mathematics, engineering,
and technology leadership consortium composed of representatives of corporations,
organizations, educational institutions, and research facilities to help implement
accelerated K-12 technology, science, and mathematics programs in Minnesota that
include creating an academic center;
 new text end

new text begin (3) evaluate and compare at least three alternatives for preparing and assisting
educational leaders who are literate in technology, science, and mathematics to help
implement accelerated K-12 technology, science, and mathematics programs in Minnesota
that include creating an academic center and may include gifted education and accelerated
technology, science, and mathematics teacher training programs, and evaluate how such
programs may be integrated into the academic center; and
new text end

new text begin (4) identify and evaluate postsecondary career and technical education programs
offering or requiring accelerated technology, science, and mathematics instruction.
 new text end

new text begin (c) The commissioner of education shall appoint a 17-member advisory task force on
options for accelerated K-12 technology, science, and mathematics programs throughout
Minnesota that represents the following representatives: a gifted education coordinator, an
educator holding a gifted education certificate or an instructor in a graduate level gifted
education program; a currently licensed or retired high school physical science teacher; a
currently licensed or retired high school mathematics teacher; a faculty member providing
instruction under the Minnesota postsecondary enrollment options program or an educator
providing instruction under the college in the schools program; a faculty member or
educator providing instruction in the Minnesota talented youth mathematics program; a
University of Minnesota mathematics or engineering professor; a University of Minnesota
physical science professor; a manager or director in a high technology field, corporation,
organization, or facility; a manager or director in a medical field or profession; a manager
or director in a research-based field, corporation, organization, or facility; one or more
parents of high school students gifted in technology, mathematics, or science; a physical
science teacher and a biology teacher, one of whom is licensed to teach middle level
students and one of whom is licensed to teach high school level students; a high school
career and technical instructor; a faculty member in a postsecondary institution offering
technical two-year degrees who provides career and technical instruction; a manager or
director in a technology, mathematics, or science industry who employs persons with
associate degrees in a technical field; a manager or director in the biosciences industry;
and two at-large members. In appointing members, the commissioner must attempt to
ensure geographic balance. Task force members must actively seek the participation
of gifted and talented students to advise the task force throughout its existence on
any recommendations the task force proposes to submit to the legislature and on any
other recommendations related to this section. Task force members may not receive
compensation but may receive reimbursement for expenses related to serving on the task
force. The task force may receive, for the benefit of the task force, bequests, donations,
or gifts for any proper purpose and apply the bequests, donations, or gifts to the purpose
designated. Notwithstanding any other law to the contrary, the task force may conduct
meetings of its members by telephone or other electronic means where all members can
hear one another and all the discussion, at least one member is physically present at the
regular meeting location, and interested members of the public can hear all the discussion.
Task force members' terms and other task force matters are subject to Minnesota Statutes,
section 15.059. The task force must submit by January 30, 2007, a written report and
presentation to the Education Policy and Finance committees of the legislature that include
recommendations on alternatives for delivering accelerated technology, science, and
mathematics programs to eligible students throughout Minnesota.
 new text end

new text begin (d) Upon request, the commissioner of education must provide the task force with
technical and other support services. The commissioner must use funds from the current
operating budget of the Department of Education to cover any costs the commissioner
incurs in providing services to the task force.
 new text end

new text begin (e) The task force expires June 30, 2007.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 35. new text begin INTEGRATION REVENUE REDUCTION.
new text end

new text begin The commissioner of education must proportionately reduce all other school
districts' integration revenue in order to keep the total amount of integration revenue
unchanged.
 new text end

Sec. 36. new text begin APPROPRIATIONS; STUDENT ACHIEVEMENT STUDIES.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
 new text end

new text begin Subd. 2. new text end

new text begin Student assessment benchmark study. new text end

new text begin For a benchmark study of student
assessments:
 new text end

new text begin $
 new text end 		new text begin 75,000
 new text end 		new text begin .....
 new text end 		new text begin 2007
 new text end

new text begin This appropriation is for the department to contract with ACHIEVE for a benchmark
study of Minnesota Comprehensive Assessments Second Edition (MCA-IIs) in 9th grade
writing, 10th grade reading, and 11th grade mathematics. The provisions of Minnesota
Statutes, chapter 16C, as they relate to competitive bidding do not apply to this contract.
This is a onetime appropriation.
 new text end

new text begin Subd. 3. new text end

new text begin International comparative achievement study. new text end

new text begin For an international
comparative study of student achievement:
 new text end

new text begin $
 new text end 		new text begin 600,000
 new text end 		new text begin .....
 new text end 		new text begin 2007
 new text end

new text begin This appropriation is for the department to contract with Boston College for
Minnesota 4th and 8th grade students to participate in the TIMSS International assessment
of student achievement in mathematics and science. School districts must apply to
participate in the study on a form and in the manner prescribed by the commissioner. The
commissioner may select districts to participate if more districts than those applying are
needed for the study. The provisions of Minnesota Statutes, chapter 16C, as they relate to
competitive bidding do not apply to this contract. This is a onetime appropriation.
 new text end

new text begin Subd. 4. new text end

new text begin Schools mentoring schools. new text end

new text begin For schools mentoring schools regional site
grants under Minnesota Statutes, section 122A.628:
 new text end

new text begin $
 new text end 		new text begin 100,000
 new text end 		new text begin .....
 new text end 		new text begin 2007
 new text end

new text begin Of this appropriation $50,000 is for the Brainerd Teacher Support System-Brainerd
Public Schools, Center for Mentoring. Grant recipients must report to the education
commissioner on grant fund expenditures and the academic effects of the mentoring
provided under the program. This is a onetime appropriation.
 new text end

new text begin Subd. 5. new text end

new text begin District and high school redesign pilot project. new text end

new text begin For the district and high
school redesign pilot project under section 23:
 new text end

new text begin $
 new text end 		new text begin 750,000
 new text end 		new text begin .....
 new text end 		new text begin 2007
 new text end

new text begin Subd. 6. new text end

new text begin Chinese language. new text end

new text begin For the Chinese language curriculum project under
section 31:
 new text end

new text begin $
 new text end 		new text begin 250,000
 new text end 		new text begin .....
 new text end 		new text begin 2007
 new text end

new text begin This is a onetime appropriation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
 new text end

Sec. 37. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall change the term "alternative teacher professional
pay system," "alternative teacher compensation," "teacher professional pay system,"
"alternative compensation," or similar terms to "QCOMP" wherever they appear in
Minnesota Statutes and Minnesota Rules.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

ARTICLE 3

SPECIAL PROGRAMS

Section 1.

Minnesota Statutes 2004, section 123B.10, subdivision 1, is amended to read:


Subdivision 1.

Budgets.

new text begin (a) For purposes of this subdivision, "direct classroom
expenditures" are instructional expenditures under the uniform financial accounting and
reporting standards (UFARS), excluding tuition payments to other Minnesota school
districts, capital expenditures, and expenditures for athletics, other cocurricular activities,
and extracurricular activities. "Total K-12 general operating expenditures" are the total
general fund expenditures for kindergarten through grade 12 under UFARS, excluding
tuition payments to other Minnesota school districts, pupil transportation expenditures,
and capital expenditures.
 new text end

new text begin (b) Every board must formally adopt, and may formally revise, a minimum percent
of total K-12 general operating expenditures that the board annually will allocate to direct
classroom expenditures. Every board must evaluate its allocation on an ongoing basis to
determine whether district expenditures are aligned with the district's academic goals.
new text end

new text begin (c) new text end By deleted text begin October 1deleted text end new text begin November 30new text end , every board must publishnew text begin a reportnew text end new text begin containingnew text end revenue
and expenditure budgets for the current year deleted text begin anddeleted text end new text begin ;new text end the actual revenues, expenditures,new text begin and
new text end fund balances for the prior yearnew text begin ;new text end and projected fund balances for the current year in a form
prescribed by the commissioner. new text begin The report must clearly show the percent of a district's
total K-12 operating expenditures that is allocated to direct classroom expenditures. new text end The
new text begin prescribed reporting new text end forms deleted text begin prescribeddeleted text end must deleted text begin be designed so thatdeleted text end new text begin enable a district to makenew text end
year to year comparisons of revenue, expenditures and fund balances deleted text begin can be madedeleted text end . new text begin A
district must publish new text end these budgets, reports of revenue, expenditures and fund balances
deleted text begin must be publisheddeleted text end in a qualified newspaper of general circulation in the districtnew text begin or on the
district's official Web site. A district that electronically publishes the required information
also must publish the Internet address where the information is electronically available in
a qualified newspaper of general circulation in the districtnew text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2006-2007 school year and
later.
 new text end

Sec. 2.

Minnesota Statutes 2005 Supplement, section 123B.76, subdivision 3, is
amended to read:


Subd. 3.

Expenditures by building.

(a) For the purposes of this section, "building"
means education site as defined in section 123B.04, subdivision 1.

(b) Each district shall maintain separate accounts to identify general fund
expenditures for each building. All expenditures for regular instruction, secondary
vocational instruction, and school administration must be reported to the department
separately for each building. All expenditures for special education instruction,
instructional support services, and pupil support services provided within a specific
building must be reported to the department separately for each building. Salary
expenditures reported by building must reflect actual salaries for staff at the building
and must not be based on districtwide averages. All other general fund expenditures
may be reported by building or on a districtwide basis.new text begin All expenditures for special
education instruction, services, and transportation for nonpublic school pupils must be
reported separately.
new text end

(c) The department must annually report information showing school district general
fund expenditures per pupil by program category for each building and estimated school
district general fund revenue generated by pupils attending each building on its Web
site. For purposes of this report:

(1) expenditures not reported by building shall be allocated among buildings on a
uniform per pupil basis;

(2) basic skills revenue shall be allocated according to section 126C.10, subdivision
4;

(3) secondary sparsity revenue and elementary sparsity revenue shall be allocated
according to section 126C.10, subdivisions 7 and 8;

(4) other general education revenue shall be allocated on a uniform per pupil unit
basis;

(5) first grade preparedness aid shall be allocated according to section 124D.081;

(6) state and federal special education aid and Title I aid shall be allocated in
proportion to district expenditures for these programs by building; and

(7) other general fund revenues shall be allocated on a uniform per pupil basis,
except that the department may allocate other revenues attributable to specific buildings
directly to those buildings.

new text begin (d) The amount of state and federal special education aid for nonpublic school
pupils receiving special education instruction, services, and transportation and the number
of nonpublic school pupils with a disability assessed and receiving special education
instruction, services, and transportation from school districts must be shown in a separate
category.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for fiscal year 2006 and later.
 new text end

Sec. 3.

Minnesota Statutes 2004, section 125A.02, subdivision 1, is amended to read:


Subdivision 1.

Child with a disability.

Every child who has a hearing impairment,
new text begin blindness, new text end visual disability, speech or language impairment, physical handicap, other
health impairment, mental handicap, emotional/behavioral disorder, specific learning
disability, autism, traumatic brain injury, multiple disabilities, or deaf/blind disability and
needs special instruction and services, as determined by the standards of the commissioner,
is a child with a disability. In addition, every child under age three, and at local district
discretion from age three to age seven, who needs special instruction and services, as
determined by the standards of the commissioner, because the child has a substantial delay
or has an identifiable physical or mental condition known to hinder normal development is
a child with a disability.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 4.

Minnesota Statutes 2005 Supplement, section 125A.11, subdivision 1, is
amended to read:


Subdivision 1.

Nonresident tuition rate; other costs.

(a) For fiscal year 2006,
when a school district provides instruction and services outside the district of residence,
board and lodging, and any tuition to be paid, shall be paid by the district of residence. The
tuition rate to be charged for any child with a disability, excluding a pupil for whom tuition
is calculated according to section 127A.47, subdivision 7, paragraph (d), must be the sum
of (1) the actual cost of providing special instruction and services to the child including
a proportionate amount for special transportation and unreimbursed building lease and
debt service costs for facilities used primarily for special education, plus (2) the amount
of general education revenue and referendum aid attributable to the pupil, minus (3) the
amount of special education aid for children with a disability received on behalf of that
child, minus (4) if the pupil receives special instruction and services outside the regular
classroom for more than 60 percent of the school day, the amount of general education
revenue and referendum aid, excluding portions attributable to district and school
administration, district support services, operations and maintenance, capital expenditures,
and pupil transportation, attributable to that pupil for the portion of time the pupil receives
new text begin special new text end instruction deleted text begin indeleted text end new text begin and services outside ofnew text end the regular classroom. If the boards involved
do not agree upon the tuition rate, either board may apply to the commissioner to fix the
rate. Notwithstanding chapter 14, the commissioner must then set a date for a hearing or
request a written statement from each board, giving each board at least ten days' notice,
and after the hearing or review of the written statements the commissioner must make an
order fixing the tuition rate, which is binding on both school districts. General education
revenue and referendum aid attributable to a pupil must be calculated using the resident
district's average general education and referendum revenue per adjusted pupil unit.

(b) For fiscal year 2007 and later, when a school district provides special instruction
and services for a pupil with a disability as defined in section 125A.02 outside the district
of residence, excluding a pupil for whom an adjustment to special education aid is
calculated according to section 127A.47, subdivision 7, paragraph (e), special education
aid paid to the resident district must be reduced by an amount equal to (1) the actual
cost of providing special instruction and services to the pupil, including a proportionate
amount for special transportation and unreimbursed building lease and debt service costs
for facilities used primarily for special education, plus (2) the amount of general education
revenue and referendum aid attributable to that pupil, minus (3) the amount of special
education aid for children with a disability received on behalf of that child, minus (4) if the
pupil receives special instruction and services outside the regular classroom for more than
60 percent of the school day, the amount of general education revenue and referendum
aid, excluding portions attributable to district and school administration, district support
services, operations and maintenance, capital expenditures, and pupil transportation,
attributable to that pupil for the portion of time the pupil receives new text begin specialnew text end instruction deleted text begin indeleted text end new text begin
and services outside ofnew text end the regular classroom. General education revenue and referendum
aid attributable to a pupil must be calculated using the resident district's average general
education revenue and referendum aid per adjusted pupil unit. Special education aid
paid to the district or cooperative providing special instruction and services for the pupil
must be increased by the amount of the reduction in the aid paid to the resident district.
Amounts paid to cooperatives under this subdivision and section 127A.47, subdivision
7, shall be recognized and reported as revenues and expenditures on the resident school
district's books of account under sections 123B.75 and 123B.76. If the resident district's
special education aid is insufficient to make the full adjustment, the remaining adjustment
shall be made to other state aid due to the district.

(c) Notwithstanding paragraphs (a) and (b) and section 127A.47, subdivision 7,
paragraphs (d) and (e), a charter school where more than 30 percent of enrolled students
receive special education and related services, an intermediate district, deleted text begin ordeleted text end a special
education cooperativenew text begin , or a school district that served as the applicant agency for a group
of school districts for federal special education aids for fiscal year 2006new text end may apply to the
commissioner for authority to charge the resident district an additional amount to recover
any remaining unreimbursed costs of serving pupils with a disability. The application must
include a description of the costs and the calculations used to determine the unreimbursed
portion to be charged to the resident district. Amounts approved by the commissioner
under this paragraph must be included in the tuition billings or aid adjustments under
paragraph (a) or (b), or section 127A.47, subdivision 7, paragraph (d) or (e), as applicable.

new text begin (d) For purposes of this subdivision and section 127A.47, subdivision 7, paragraphs
(d) and (e), "general education revenue and referendum aid" means the sum of the general
education revenue according to section 126C.10, subdivision 1, excluding alternative
teacher compensation revenue, plus the referendum aid according to section 126C.17,
subdivision 7, as adjusted according to section 127A.47, subdivision 7, paragraphs (a),
(b), and (c).
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 5.

Minnesota Statutes 2004, section 125A.18, is amended to read:


125A.18 SPECIAL INSTRUCTION; NONPUBLIC SCHOOLS.

new text begin Subdivision 1. new text end

new text begin Special instruction and services. new text end

No resident of a district who is
eligible for special instruction and services under this section may be denied instruction
and service on a shared time basis consistent with section 126C.19, subdivision 4, because
of attending a nonpublic school defined in section 123B.41, subdivision 9. If a resident
pupil with a disability attends a nonpublic school located within the district of residence,
the district must provide necessary transportation for that pupil within the district between
the nonpublic school and the educational facility where special instruction and services are
provided on a shared time basis. If a resident pupil with a disability attends a nonpublic
school located in another district and if no agreement exists under section 126C.19,
subdivision 1 or 2, for providing special instruction and services on a shared time basis to
that pupil by the district of attendance and where the special instruction and services are
provided within the district of residence, the district of residence must provide necessary
transportation for that pupil between the boundary of the district of residence and the
educational facility. The district of residence may provide necessary transportation for that
pupil between its boundary and the nonpublic school attended, but the nonpublic school
must pay the cost of transportation provided outside the district boundary.

new text begin Subd. 2. new text end

new text begin Due process. new text end

Parties serving students on a shared time basis have access
to the due process hearing system described under United States Code, title 20, and the
complaint system under Code of Federal Regulations, title 34, section 300.660-662. In the
event it is determined under these systems that the nonpublic school or staff impeded the
public school district's provision of a free appropriate education, the commissioner may
withhold public funds available to the nonpublic school proportionally applicable to that
student under section 123B.42.

new text begin Subd. 3. new text end

new text begin IEP team. new text end

new text begin (a) The individualized education program (IEP) team for a
nonpublic school pupil with a disability receiving special instruction and services under
this section must include at least one special education teacher from the pupil's nonpublic
school, or where appropriate, at least one special education provider of the pupil from
the pupil's nonpublic school or a representative from the pupil's nonpublic school. The
nonpublic school special education teacher, provider, or representative shall be included in
all phases of the IEP process including, but not limited to, evaluation, decision making,
implementation, and reevaluation.
 new text end

new text begin (b) As part of the evaluation process, the IEP team and other qualified professionals,
as appropriate, must include the pupil's parent or parents and the individuals specified in
paragraph (a).
 new text end

new text begin (c) The district's obligation to notify the nonpublic school special education teacher,
provider, or representative is the same obligation the district has under chapter 125A to
notify the parent of a child with a disability enrolled in a public school.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2006-2007 school year and
later.
 new text end

Sec. 6.

Minnesota Statutes 2004, section 125A.27, subdivision 11, is amended to read:


Subd. 11.

Interagency child find systems.

"Interagency child find systems"
means activities developed on an interagency basis with the involvement of interagency
early intervention committees and other relevant community groups new text begin using rigorous
standards new text end to actively seek out, identify, and refer infants and young childrennew text begin ,new text end with, or at
risk of, disabilities, and their familiesnew text begin , including a child under the age of three who: (1)
is involved in a substantiated case of abuse or neglect, or (2) is identified as affected by
illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure, to
reduce children's need for future servicesnew text end .

Sec. 7.

Minnesota Statutes 2005 Supplement, section 125A.28, is amended to read:


125A.28 STATE INTERAGENCY COORDINATING COUNCIL.

An Interagency Coordinating Council of at least 17, but not more than 25 members
is established, in compliance with Public Law deleted text begin 102-119deleted text end new text begin 108-446new text end , section deleted text begin 682deleted text end new text begin 641new text end . The
members must be appointed by the governor. Council members must elect the council
chair. The representative of the commissioner may not serve as the chair. The council
must be composed of at least five parents, including persons of color, of children with
disabilities under age 12, including at least three parents of a child with a disability
under age seven, five representatives of public or private providers of services for
children with disabilities under age five, including a special education director, county
social service director, local Head Start director, and a community health services or
public health nursing administrator, one member of the senate, one member of the
house of representatives, one representative of teacher preparation programs in early
childhood-special education or other preparation programs in early childhood intervention,
at least one representative of advocacy organizations for children with disabilities under
age five, one physician who cares for young children with special health care needs, one
representative each from the commissioners of commerce, education, health, human
services, a representative from the state agency responsible for child care, new text begin foster care,
mental health, a coordinator of education of children and youth who are homeless, new text end and a
representative from Indian health services or a tribal council. Section 15.059, subdivisions
2 to 5, apply to the council. The council must meet at least quarterly.

The council must address methods of implementing the state policy of developing
and implementing comprehensive, coordinated, multidisciplinary interagency programs of
early intervention services for children with disabilities and their families.

The duties of the council include recommending policies to ensure a comprehensive
and coordinated system of all state and local agency services for children under age five
with disabilities and their families. The policies must address how to incorporate each
agency's services into a unified state and local system of multidisciplinary assessment
practices, individual intervention plans, comprehensive systems to find children in need of
services, methods to improve public awareness, and assistance in determining the role of
interagency early intervention committees.

On the date that Minnesota Part C Annual Performance Report is submitted to the
federal Office of Special Education, the council must recommend to the governor and the
commissioners of education, health, human services, commerce, and employment and
economic development policies for a comprehensive and coordinated system.

Notwithstanding any other law to the contrary, the State Interagency Coordinating
Council expires on June 30, 2009.

Sec. 8.

Minnesota Statutes 2004, section 125A.29, is amended to read:


125A.29 RESPONSIBILITIES OF COUNTY BOARDS AND SCHOOL
BOARDS.

(a) It is the joint responsibility of county boards and school boards to coordinate,
provide, and pay for appropriate services, and to facilitate payment for services from public
and private sources. Appropriate services for children eligible under section 125A.02 must
be determined in consultation with parents, physicians, and other educational, medical,
health, and human services providers. The services provided must be in conformity withnew text begin :
new text end

new text begin (1) new text end an IFSP for each eligible infant and toddler from birth through age two and deleted text begin itsdeleted text end new text begin
the infant's or toddler's new text end familydeleted text begin ,deleted text end new text begin including:
new text end

new text begin (i) American Indian infants and toddlers with disabilities and their families residing
on a reservation geographically located in the state;
 new text end

new text begin (ii) infants and toddlers with disabilities who are homeless and their families; and
 new text end

new text begin (iii) infants and toddlers with disabilities who are wards of the state; new text end or

new text begin (2) new text end an individual education plan (IEP) or individual service plan (ISP) for each
eligible child ages three through four.

(b) Appropriate services include family education and counseling, home visits,
occupational and physical therapy, speech pathology, audiology, psychological services,
special instruction, nursing, respite, nutrition, assistive technology, transportation
and related costs, social work, vision services, case management including service
coordination under section 125A.33, medical services for diagnostic and evaluation
purposes, early identification, and screening, assessment, and health services necessary to
enable children with disabilities to benefit from early intervention services.

(c) School and county boards shall coordinate early intervention services. In the
absence of agreements established according to section 125A.39, service responsibilities
for children birth through age two are as follows:

(1) school boards must provide, pay for, and facilitate payment for special education
and related services required under sections 125A.05 and 125A.06;

(2) county boards must provide, pay for, and facilitate payment for noneducational
services of social work, psychology, transportation and related costs, nursing, respite, and
nutrition services not required under clause (1).

(d) School and county boards may develop an interagency agreement according
to section 125A.39 to establish agency responsibility that assures early intervention
services are coordinated, provided, paid for, and that payment is facilitated from public
and private sources.

(e) County and school boards must jointly determine the primary agency in this
cooperative effort and must notify the commissioner of the state lead agency of their
decision.

Sec. 9.

Minnesota Statutes 2004, section 125A.30, is amended to read:


125A.30 INTERAGENCY EARLY INTERVENTION COMMITTEES.

(a) A school district, group of districts, or special education cooperative, in
cooperation with the health and human service agencies located in the county or counties
in which the district or cooperative is located, must establish an Interagency Early
Intervention Committee for children with disabilities under age five and their families
under this section, and for children with disabilities ages three to 22 consistent with
the requirements under sections 125A.023 and 125A.027. Committees must include
representatives of local health, education, and county human service agencies, county
boards, school boards, early childhood family education programs, Head Start, parents of
young children with disabilities under age 12, child care resource and referral agencies,
school readiness programs, current service providers, and may also include representatives
from other private or public agencies and school nurses. The committee must elect a chair
from among its members and must meet at least quarterly.

(b) The committee must develop and implement interagency policies and procedures
concerning the following ongoing duties:

(1) develop public awareness systems designed to inform potential recipient
familiesnew text begin , especially parents with premature infants, or infants with other physical risk
factors associated with learning or development complications,new text end of available programs
and services;

(2) new text begin to reduce families' need for future services, and especially parents with premature
infants, or infants with other physical risk factors associated with learning or development
complications, new text end implement interagency child find systems designed to actively seek out,
identify, and refer infants and young children with, or at risk of, disabilities deleted text begin and their
familiesdeleted text end new text begin , including a child under the age of three who: (i) is involved in a substantiated
case of abuse or (ii) is identified as affected by illegal substance abuse or with withdrawal
symptoms resulting from prenatal drug exposurenew text end ;

(3) establish and evaluate the identification, referral, child and family assessment
systems, procedural safeguard process, and community learning systems to recommend,
where necessary, alterations and improvements;

(4) assure the development of individualized family service plans for all eligible
infants and toddlers with disabilities from birth through age two, and their families, and
individual education plans and individual service plans when necessary to appropriately
serve children with disabilities, age three and older, and their families and recommend
assignment of financial responsibilities to the appropriate agencies;

(5) deleted text begin encourage agencies to develop individual family service plans for children with
disabilities, age three and older;
deleted text end

deleted text begin (6)deleted text end implement a process for assuring that services involve cooperating agencies at all
steps leading to individualized programs;

deleted text begin (7)deleted text end new text begin (6) new text end facilitate the development of a transitional plan if a service provider is not
recommended to continue to provide services;

deleted text begin (8)deleted text end new text begin (7) new text end identify the current services and funding being provided within the
community for children with disabilities under age five and their families;

deleted text begin (9)deleted text end new text begin (8) new text end develop a plan for the allocation and expenditure of additional state and
federal early intervention funds under United States Code, title 20, section 1471 et seq.
(Part C, Public Law deleted text begin 102-119deleted text end new text begin 108-446new text end ) and United States Code, title 20, section 631, et
seq. (Chapter I, Public Law 89-313); and

deleted text begin (10)deleted text end new text begin (9) new text end develop a policy that is consistent with section 13.05, subdivision 9, and
federal law to enable a member of an interagency early intervention committee to allow
another member access to data classified as not public.

(c) The local committee shall also:

(1) participate in needs assessments and program planning activities conducted by
local social service, health and education agencies for young children with disabilities and
their families; and

(2) review and comment on the early intervention section of the total special
education system for the district, the county social service plan, the section or sections of
the community health services plan that address needs of and service activities targeted
to children with special health care needs, the section on children with special needs in
the county child care fund plan, sections in Head Start plans on coordinated planning and
services for children with special needs, any relevant portions of early childhood education
plans, such as early childhood family education or school readiness, or other applicable
coordinated school and community plans for early childhood programs and services, and
the section of the maternal and child health special project grants that address needs of and
service activities targeted to children with chronic illness and disabilities.

Sec. 10.

Minnesota Statutes 2004, section 125A.32, is amended to read:


125A.32 INDIVIDUALIZED FAMILY SERVICE PLAN.

(a) A team must participate in IFSP meetings to develop the IFSP. The team shall
include:

(1) a parent or parents of the child;

(2) other family members, as requested by the parent, if feasible to do so;

(3) an advocate or person outside of the family, if the parent requests that the
person participate;

(4) the service coordinator who has been working with the family since the
initial referral, or who has been designated by the public agency to be responsible for
implementation of the IFSPnew text begin and coordination with other agencies including transition
servicesnew text end ; and

(5) a person or persons involved in conducting evaluations and assessments.

(b) The IFSP must include:

(1) information about the child's developmental status;

(2) family information, with the consent of the family;

(3) new text begin measurable results or new text end major outcomes expected to be achieved by the child
deleted text begin and the familydeleted text end new text begin , with the family's assistance,new text end that include deleted text begin thedeleted text end new text begin developmentally appropriate
preliteracy and language skills, and new text end criteria, procedures, and timelinesnew text begin related to the results
or outcomesnew text end ;

(4) specific early intervention services new text begin based on peer-reviewed research, to the
extent practicable, new text end necessary to meet the unique needs of the child and the family to
achieve the outcomes;

(5) payment arrangements, if any;

(6) medical and other services that the child needs, but that are not required under
the Individual with Disabilities Education Act, United States Code, title 20, section 1471
et seq. (Part C, Public Law deleted text begin 102-119deleted text end new text begin 108-446new text end ) including funding sources to be used in
paying for those services and the steps that will be taken to secure those services through
public or private sources;

(7) dates and duration of early intervention services;

(8) name of the service coordinator;

(9) steps to be taken to support a child's transition from early intervention services to
other appropriate servicesnew text begin , including convening a transition conference at least 90 days, or
at the discretion of all parties, not more than nine months before the child is eligible for
preschool servicesnew text end ; and

(10) signature of the parent and authorized signatures of the agencies responsible
for providing, paying for, or facilitating payment, or any combination of these, for early
intervention services.

Sec. 11.

Minnesota Statutes 2004, section 125A.33, is amended to read:


125A.33 SERVICE COORDINATION.

(a) The team developing the IFSP under section 125A.32 must select a service
coordinator to carry out service coordination activities on an interagency basis. Service
coordination must actively promote a family's capacity and competency to identify,
obtain, coordinate, monitor, and evaluate resources and services to meet the family's
needs. Service coordination activities include:

(1) coordinating the performance of evaluations and assessments;

(2) facilitating and participating in the development, review, and evaluation of
individualized family service plans;

(3) assisting families in identifying available service providers;

(4) coordinating and monitoring the delivery of available services;

(5) informing families of the availability of advocacy services;

(6) coordinating with medical, health, and other service providers;

(7) facilitating the development of a transition plan at least 90 days before the time
the child is no longer eligible for early intervention services, new text begin or at the discretion of all
parties, not more than nine months before the child is eligible for preschool services,
new text end if appropriate;

(8) managing the early intervention record and submitting additional information to
the local primary agency at the time of periodic review and annual evaluations; and

(9) notifying a local primary agency when disputes between agencies impact service
delivery required by an IFSP.

(b) A service coordinator must be knowledgeable about children and families
receiving services under this section, requirements of state and federal law, and services
available in the interagency early childhood intervention system.

Sec. 12.

Minnesota Statutes 2004, section 125A.48, is amended to read:


125A.48 STATE INTERAGENCY AGREEMENT.

(a) The commissioners of the Departments of Education, Health, and Human
Services must enter into an agreement to implement this section and Part deleted text begin Hdeleted text end new text begin Cnew text end , Public
Law deleted text begin 102-119deleted text end new text begin 108-446new text end , and as required by Code of Federal Regulations, title 34, section
303.523, to promote the development and implementation of interagency, coordinated,
multidisciplinary state and local early childhood intervention service systems for serving
eligible young children with disabilities, birth through age two, and their familiesnew text begin and
to ensure the meaningful involvement of underserved groups, including children with
disabilities from minority, low-income, homeless, and rural families, and children with
disabilities who are wards of the statenew text end . The agreement must be reviewed annually.

(b) The state interagency agreement must outline at a minimum the conditions,
procedures, purposes, and responsibilities of the participating state and local agencies
for the following:

(1) membership, roles, and responsibilities of a state interagency committee for
the oversight of priorities and budget allocations under Part deleted text begin Hdeleted text end new text begin Cnew text end , Public Law deleted text begin 102-119deleted text end new text begin
108-446new text end , and other state allocations for this program;

(2) child find;

(3) establishment of local interagency agreements;

(4) review by a state interagency committee of the allocation of additional state and
federal early intervention funds by local agencies;

(5) fiscal responsibilities of the state and local agencies;

(6) intraagency and interagency dispute resolution;

(7) payor of last resort;

(8) maintenance of effort;

(9) procedural safeguards, including mediation;

(10) complaint resolution;

(11) quality assurance;

(12) data collection;

(13) an annual summary to the state Interagency Coordinating Council regarding
conflict resolution activities including disputes, due process hearings, and complaints; and

(14) other components of the state and local early intervention system consistent
with Public Law deleted text begin 102-119deleted text end new text begin 108-446new text end .

Written materials must be developed for parents, IEIC's, and local service providers
that describe procedures developed under this section as required by Code of Federal
Regulations, title 34, section 303.

Sec. 13.

Minnesota Statutes 2004, section 125A.515, subdivision 1, is amended to read:


Subdivision 1.

Approval of education programs.

The commissioner shall
approve education programs for placement of children and youth in deleted text begin care and treatmentdeleted text end
new text begin residential new text end facilities including detention centers, before being licensed by the Department
of Human Services deleted text begin under Minnesota Rules, parts 9545.0905 to 9545.1125 and 9545.1400
to 9545.1480,deleted text end or the Department of Corrections deleted text begin under Minnesota Rules, chapters 2925,
2930, 2935, and 2950deleted text end . Education programs in these facilities shall conform to state and
federal education laws including the Individuals with Disabilities Education Act (IDEA).
new text begin This section applies only to placements in residential facilities licensed by the Department
of Human Services or the Department of Corrections.
new text end

Sec. 14.

Minnesota Statutes 2004, section 125A.515, subdivision 3, is amended to read:


Subd. 3.

Responsibilities for providing education.

(a) The district in which the
new text begin residential new text end facility is located must provide education services, including special education
if eligible, to all students placed in a facility deleted text begin for care and treatmentdeleted text end .

(b) For education programs operated by the Department of Corrections, the
providing district shall be the Department of Corrections. For students remanded to the
commissioner of corrections, the providing and resident district shall be the Department
of Corrections.

deleted text begin (c) Placement for care and treatment does not automatically make a student eligible
for special education. A student placed in a care and treatment facility is eligible for
special education under state and federal law including the Individuals with Disabilities
Education Act under United States Code, title 20, chapter 33.
 deleted text end

Sec. 15.

Minnesota Statutes 2004, section 125A.515, subdivision 5, is amended to read:


Subd. 5.

Education programs for students placed in new text begin residential new text end facilities deleted text begin for
care and treatmentdeleted text end .

(a) When a student is placed in adeleted text begin care and treatmentdeleted text end facilitynew text begin
approved under this sectionnew text end that has an on-site education program, the providing district,
upon notice from the care and treatment facility, must contact the resident district within
one business day to determine if a student has been identified as having a disability, and
to request at least the student's transcript, and for students with disabilities, the most
recent individualized education plan (IEP) and evaluation report, and to determine if the
student has been identified as a student with a disability. The resident district must send a
facsimile copy to the providing district within two business days of receiving the request.

(b) If a student placed deleted text begin for care and treatmentdeleted text end new text begin under this sectionnew text end has been identified as
having a disability and has an individual education plan in the resident district:

(1) the providing agency must conduct an individualized education plan meeting
to reach an agreement about continuing or modifying special education services in
accordance with the current individualized education plan goals and objectives and to
determine if additional evaluations are necessary; and

(2) at least the following people shall receive written notice or documented phone
call to be followed with written notice to attend the individualized education plan meeting:

(i) the person or agency placing the student;

(ii) the resident district;

(iii) the appropriate teachers and related services staff from the providing district;

(iv) appropriate staff from the deleted text begin care and treatmentdeleted text end new text begin residentialnew text end facility;

(v) the parents or legal guardians of the student; and

(vi) when appropriate, the student.

(c) For a student who has not been identified as a student with a disability, a
screening must be conducted by the providing districts as soon as possible to determine
the student's educational and behavioral needs and must include a review of the student's
educational records.

Sec. 16.

Minnesota Statutes 2004, section 125A.515, subdivision 6, is amended to read:


Subd. 6.

Exit report summarizing educational progress.

If a student has been
placed in a deleted text begin care and treatmentdeleted text end facilitynew text begin under this sectionnew text end for 15 or more business days, the
providing district must prepare an exit report summarizing the regular education, special
education, evaluation, educational progress, and service information and must send the
report to the resident district and the next providing district if different, the parent or
legal guardian, and any appropriate social service agency. For students with disabilities,
this report must include the student's IEP.

Sec. 17.

Minnesota Statutes 2004, section 125A.515, subdivision 7, is amended to read:


Subd. 7.

Minimum educational services required.

new text begin When a student is placed in a
facility approved under this section, new text end at a minimum, the providing district is responsible for:

(1) the education necessary, including summer school services, for a student who is
not performing at grade level as indicated in the education record or IEP; and

(2) a school day, of the same length as the school day of the providing district, unless
the unique needs of the student, as documented through the IEP or education record in
consultation with treatment providers, requires an alteration in the length of the school day.

Sec. 18.

Minnesota Statutes 2004, section 125A.515, subdivision 9, is amended to read:


Subd. 9.

Reimbursement for education services.

(a) Education services
provided to students who have been placed deleted text begin for care and treatmentdeleted text end new text begin under this sectionnew text end are
reimbursable in accordance with special education and general education statutes.

(b) Indirect or consultative services provided in conjunction with regular education
prereferral interventions and assessment provided to regular education students suspected
of being disabled and who have demonstrated learning or behavioral problems in a
screening are reimbursable with special education categorical aids.

(c) Regular education, including screening, provided to students with or without
disabilities is not reimbursable with special education categorical aids.

Sec. 19.

Minnesota Statutes 2004, section 125A.515, subdivision 10, is amended to
read:


Subd. 10.

Students unable to attend school but not deleted text begin placed in care and treatment
facilitiesdeleted text end new text begin covered under this sectionnew text end .

Students who are absent from, or predicted to be
absent from, school for 15 consecutive or intermittent days, new text begin and placed new text end at home or in
facilities not licensed by the deleted text begin Departmentsdeleted text end new text begin Departmentnew text end of Corrections or Human Services
are deleted text begin not students placed for care and treatmentdeleted text end new text begin entitled to regular and special education
services, consistent with applicable law and rulenew text end . These students include students with
and without disabilities who are home due to accident or illness, in a hospital or other
medical facility, or in a day treatment center. deleted text begin These students are entitled to education
services through their district of residence.
deleted text end

Sec. 20.

Minnesota Statutes 2004, section 125A.63, subdivision 4, is amended to read:


Subd. 4.

Advisory committees.

The deleted text begin Special Education Advisory Councildeleted text end new text begin
commissionernew text end shall establish an advisory committee for each resource center. The
advisory committees shall develop recommendations regarding the resource centersnew text begin and
submit an annual report to the commissioner on the form and in the manner prescribed by
the commissionernew text end .

Sec. 21.

Minnesota Statutes 2004, section 125A.75, subdivision 1, is amended to read:


Subdivision 1.

Travel aid.

The state must pay each district one-half of the sum
actually expended by a districtnew text begin , based on mileage, new text end for necessary travel of essential
personnel providing home-based services to children with a disability under age five
and their families.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 22.

Minnesota Statutes 2004, section 125A.76, is amended by adding a
subdivision to read:


new text begin Subd. 4a. new text end

new text begin Special education maintenance of effort. new text end

new text begin If, on the basis of a forecast
of general fund revenues and expenditures, expenditures for special education aid under
section 125A.76; transition for disabled students under section 124D.454; travel for home-
based services under section 124A.75, subdivision 1; aid for students with disabilities
under section 125A.75, subdivision 3; court-placed special education under section
125A.79, subdivision 4; or out-of-state tuition under section 125A.79, subdivision 8; are
projected to be less than the amount previously forecast, the excess from these programs,
up to an amount sufficient to meet federal special education maintenance of effort, is
added to the state total special education aid in section 125A.76, subdivision 4.
 new text end

new text begin If, on the basis of a forecast of general fund revenues and expenditures, expenditures
in the programs in this subdivision are projected to be greater than previously forecast,
and an addition to state total special education aid has been made under this subdivision,
the state total special education aid must be reduced by the lesser of the amount of the
expenditure increase or the amount previously added to state total special education aid,
and this amount must be allocated back to the programs which were forecast to have
an excess.
 new text end

new text begin For the purposes of this subdivision, "previously forecast" means the allocation of
funding for these programs in either the most recent forecast of general fund revenues
and expenditures or the act appropriating money for these programs, whichever occurred
most recently.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2006.
 new text end

Sec. 23.

Minnesota Statutes 2005 Supplement, section 125A.79, subdivision 1, is
amended to read:


Subdivision 1.

Definitions.

For the purposes of this section, the definitions in this
subdivision apply.

(a) "Unreimbursed special education cost" means the sum of the following:

(1) expenditures for teachers' salaries, contracted services, supplies, equipment, and
transportation services eligible for revenue under section 125A.76; plus

(2) expenditures for tuition bills received under sections 125A.03 to 125A.24 and
125A.65 for services eligible for revenue under section 125A.76, subdivision 2; minus

(3) revenue for teachers' salaries, contracted services, supplies, and equipment under
section 125A.76; minus

(4) tuition receipts under sections 125A.03 to 125A.24 and 125A.65 for services
eligible for revenue under section 125A.76, subdivision 2.

(b) "General revenue" means the sum of the general education revenue according to
section 126C.10, subdivision 1, deleted text begin as adjusted according to section 127A.47, subdivisions
7 and 8deleted text end new text begin excluding alternative teacher compensation revenuenew text end , plus the total qualifying
referendum revenue specified in paragraph (e) minus transportation sparsity revenue
minus total operating capital revenue.

(c) "Average daily membership" has the meaning given it in section 126C.05.

(d) "Program growth factor" means 1.02 for fiscal year 2003, and 1.0 for fiscal
year 2004 and later.

(e) "Total qualifying referendum revenue" means two-thirds of the district's total
referendum revenue new text begin as adjusted according to section 127A.47, subdivision 7, paragraphs
(a), (b), and (c), new text end for fiscal year 2006, one-third of the district's total referendum revenue
for fiscal year 2007, and none of the district's total referendum revenue for fiscal year
2008 and later.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2006.
 new text end

Sec. 24.

Minnesota Statutes 2004, section 626.556, subdivision 3c, is amended to read:


Subd. 3c.

deleted text begin Agencydeleted text end new text begin Local welfare agency, Department of Human Services
or Department of Healthnew text end responsible for assessing or investigating reports of
maltreatment.

deleted text begin The following agencies are the administrative agencies responsible for
assessing or investigating reports of alleged child maltreatment in facilities made under
this section:
 deleted text end

deleted text begin (1)deleted text end new text begin (a) new text end The county local welfare agency is the agency responsible for assessing or
investigatingnew text begin :
new text end

new text begin (1)new text end allegations of maltreatment in child foster care, family child care, and legally
unlicensed child care and in juvenile correctional facilities licensed under section 241.021
located in the local welfare agency's county;new text begin and
new text end

new text begin (2) until July 1, 2009, other allegations of maltreatment that are not the responsibility
of another agency. The commissioners of human services, public safety, and education
must jointly submit a written report by February 1, 2009, to the education policy and
finance committees of the legislature recommending the most efficient and effective
allocation of agency responsibility for assessing or investigating reports of maltreatment.new text end

deleted text begin (2)deleted text end new text begin (b) new text end The Department of Human Services is the agency responsible for assessing
or investigating allegations of maltreatment in facilities licensed under chapters 245A and
245B, except for child foster care and family child caredeleted text begin ; anddeleted text end new text begin .
new text end

deleted text begin (3)deleted text end new text begin (c) new text end The Department of Health is the agency responsible for assessing or
investigating allegations of child maltreatment in facilities licensed under sections 144.50
to 144.58, and in unlicensed home health care.

Sec. 25. new text begin RULE ON VISUALLY IMPAIRED TO INCLUDE REFERENCES TO
"BLIND" AND "BLINDNESS."
new text end

new text begin The commissioner of education, where appropriate, must incorporate references to
"blind" and "blindness" into the definition of visually impaired under Minnesota Rules,
part 3525.1345, and amend the rule title to include the word "blind."
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 26. new text begin DEPARTMENT OF EDUCATION RULES.
new text end

new text begin Before July 1, 2007, the Department of Education shall amend Minnesota Rules,
part 3525.2325, to conform with Minnesota Statutes, section 125A.515.
 new text end

Sec. 27. new text begin SPECIAL EDUCATION TUITION BILLING FOR FISCAL YEARS
2006 AND 2007.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 125A.11, subdivision 1, paragraph
(a), and Minnesota Statutes, section 127A.47, subdivision 7, paragraph (d), for fiscal year
2006 an intermediate district, special education cooperative, or a school district that served
as an applicant agency for a group of school districts for federal special education aids for
fiscal year 2006 is not subject to the uniform special education tuition billing calculations,
but may instead continue to bill the resident school districts for the actual unreimbursed
costs of serving pupils with a disability as determined by the intermediate district.
 new text end

new text begin (b) Notwithstanding Minnesota Statutes, section 125A.11, subdivision 1, paragraph
(c), for fiscal year 2007 only, an applicant district may apply to the commissioner for a
waiver from the uniform special education tuition calculations and aid adjustments under
Minnesota Statutes, section 125A.11, subdivision 1, paragraph (b), and Minnesota Statutes,
section 127A.47, subdivision 7, paragraph (e). The commissioner must grant the waiver
within 30 days of receiving the following information from the intermediate district:
 new text end

new text begin (1) a detailed description of the applicant district's methodology for calculating
special education tuition for fiscal years 2006 and 2007, as required by the applicant
district to recover the full cost of serving pupils with a disability;
 new text end

new text begin (2) sufficient data to determine the total amount of special education tuition actually
charged for each student with a disability, as required by the applicant district to recover
the full cost of serving pupils with a disability in fiscal year 2006; and
 new text end

new text begin (3) sufficient data to determine the amount that would have been charged for each
student for fiscal year 2006 using the uniform tuition billing methodology according
to Minnesota Statutes, section 125A.11, subdivision 1, or Minnesota Statutes, section
127A.47, subdivision 7, as applicable.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
for fiscal year 2006.
 new text end

Sec. 28. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 125A.10; and 125A.515, subdivision 2, new text end new text begin are
repealed.
 new text end

ARTICLE 4

FACILITIES AND TECHNOLOGY

Section 1.

Minnesota Statutes 2004, section 123A.44, is amended to read:


123A.44 CITATION.

Sections 123A.441 to 123A.446 may be cited as the "Cooperative deleted text begin Secondarydeleted text end
Facilities Grant Act."

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2004, section 123A.441, is amended to read:


123A.441 POLICY AND PURPOSE.

Because of the rates of decline in school-aged population, population shifts and
economic changes that the state has experienced in recent years and anticipates in future
years, and because in some instances local districts have not, and will not be able to
provide the required construction funds through local property taxes, the purpose of the
cooperative deleted text begin secondarydeleted text end facilities grant program is to provide an incentive to encourage
cooperation in making available to all deleted text begin secondarydeleted text end students those educational programs,
services and facilities that are most efficiently and effectively provided by a cooperative
effort of deleted text begin severaldeleted text end school districts. The policy and purpose of sections 123A.442 to
123A.446 is to use the credit of the state, to a limited degree, to provide grants to
cooperating groups of districts to improve and expand the educational opportunities and
facilities available to their deleted text begin secondarydeleted text end students.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2004, section 123A.442, is amended to read:


123A.442 APPROVAL AUTHORITY; APPLICATION FORMS.

Subdivision 1.

Approval by commissioner.

To the extent money is available, the
commissioner may approve projects from applications submitted under section 123A.443.
The grant money must be used only to acquire, construct, remodel or improve the building
or site of a cooperative deleted text begin secondarydeleted text end facility under contracts to be entered into within 15
months after the date on which each grant is awarded.

Subd. 2.

Cooperation and combination.

Districts that new text begin have not already
consolidated and new text end receive a cooperative deleted text begin secondarydeleted text end facilities grant deleted text begin after May 1, 1991,deleted text end shall:

(1) submit a new text begin consolidation new text end plan deleted text begin as set forth indeleted text end new text begin undernew text end section deleted text begin 123A.36deleted text end new text begin 123A.48new text end for
approval by the deleted text begin State Board of Education before December 31, 1999, ordeleted text end Department of
Education deleted text begin after December 30, 1999deleted text end ; and

(2) hold a referendum on the question of deleted text begin combinationdeleted text end new text begin consolidationnew text end no later than
four years after a grant is awarded under subdivision 1.

The districts are eligible for deleted text begin cooperation and combinationdeleted text end new text begin consolidationnew text end revenue
under section deleted text begin 123A.39, subdivision 3deleted text end new text begin 123A.485new text end .

new text begin Subd. 3. new text end

new text begin Consolidated districts. new text end

new text begin A school district that has consolidated with
another school district since July 1, 1980, is eligible for a cooperative facilities grant.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2004, section 123A.443, is amended to read:


123A.443 GRANT APPLICATION PROCESS.

Subdivision 1.

Qualification.

Any group of districts new text begin or a consolidated district
new text end that meets the criteria required under subdivision 2 may apply for an incentive grant for
construction of a new deleted text begin secondarydeleted text end facility or for remodeling and improving an existing
deleted text begin secondarydeleted text end facility. A grant for new construction must not exceed the lesser of $5,000,000
or deleted text begin 75deleted text end new text begin 25 new text end percent of the approved construction costs of a cooperative deleted text begin secondarydeleted text end education
facility. A grant for remodeling and improving an existing facility must not exceed
deleted text begin $200,000deleted text end new text begin $1,000,000new text end .

Subd. 2.

Review by commissioner.

(a) A group of districts new text begin or a consolidated district
new text end that submits an application for a grant must submit a proposal to the commissioner for
review and comment under section 123B.71. The commissioner shall prepare a review
and comment on the proposed facility by July 1 of an odd-numbered year, regardless
of the amount of the capital expenditure required to acquire, construct, remodelnew text begin ,new text end or
improve the deleted text begin secondarydeleted text end facility. The commissioner shall not approve an application for an
incentive grant for any deleted text begin secondarydeleted text end facility unless the facility receives a favorable review
and comment under section 123B.71 and the following criteria are met:

(1) new text begin the applicant is a consolidated district or new text end a minimum of two or more districtsdeleted text begin ,
with kindergarten to grade 12 enrollments in each district of no more than 1,200 pupils,
enterdeleted text end new text begin that have enterednew text end into a joint powers agreement;

(2) new text begin for a group of districts, new text end a joint powers board representing all participating
districts is established under section 471.59 to govern the cooperative deleted text begin secondarydeleted text end facility;

deleted text begin (3) the planned secondary facility will result in the joint powers district meeting the
requirements of Minnesota Rules, parts 3500.2010 and 3500.2110;
 deleted text end

deleted text begin (4)deleted text end new text begin (3)new text end at least deleted text begin 198deleted text end new text begin 300new text end pupils would be served in deleted text begin grades 10 todeleted text end new text begin kindergarten through
gradenew text end 12deleted text begin , 264 pupils would be served in grades 9 to 12, or 396 pupils would be served
in grades 7 to 12deleted text end ;

deleted text begin (5)deleted text end new text begin (4) for a group of districts,new text end no more than one superintendent is employed by the
joint powers board as a result of the cooperative deleted text begin secondarydeleted text end facility agreement;

deleted text begin (6)deleted text end new text begin (5)new text end a statement of need is submitted, that may include reasons why the current
deleted text begin secondarydeleted text end facilities are inadequate, unsafe or inaccessible to the deleted text begin handicappeddeleted text end new text begin disablednew text end ;

deleted text begin (7)deleted text end new text begin (6)new text end an educational plan is prepared, that includes input from both community and
professional staff;

deleted text begin (8)deleted text end new text begin (7) for a group of districts,new text end a combined seniority list for all participating districts
is developed by the joint powers board;

deleted text begin (9)deleted text end new text begin (8) for a group of districts,new text end an education program is developed that provides for
more learning opportunities and course offerings, including the offering of advanced
placement courses, for students than is currently available in any single member district;

deleted text begin (10)deleted text end new text begin (9)new text end a plan is developed for providing instruction of any resident students in
other districts when distance to the deleted text begin secondarydeleted text end education facility makes attendance at the
facility unreasonably difficult or impractical; and

deleted text begin (11)deleted text end new text begin (10) for a secondary facility,new text end the joint powers board established under clause (2)
discusses with technical colleges located in the area how vocational education space in
the cooperative deleted text begin secondarydeleted text end facility could be jointly used for secondary and postsecondary
purposes.

(b) To the extent possible, the joint powers board is encouraged to provide for
severance pay or for early retirement incentives under section 122A.48, for any teacher
or administrator, as defined under section 122A.40, subdivision 1, who is placed on
unrequested leave as a result of the cooperative deleted text begin secondarydeleted text end facility agreement.

(c) For the purpose of paragraph (a), clause deleted text begin (8)deleted text end new text begin (7)new text end , each district must be considered
to have started school each year on the same date.

(d) The districts may develop a plan that provides for the location of social service,
health, and other programs serving pupils and community residents within the cooperative
deleted text begin secondarydeleted text end facility. The commissioner shall consider this plan when preparing a review
and comment on the proposed facility.

(e) The districts must schedule and conduct a meeting on library services. The
school districts, in cooperation with the regional public library system and its appropriate
member libraries, must discuss the possibility of including jointly operated library services
at the cooperative deleted text begin secondarydeleted text end facility.

(f) The board of a district that has reorganized under section 123A.37 or 123A.48
and that is applying for a grant for remodeling or improving an existing facility may act in
the place of a joint powers board to meet the criteria of this subdivision.

Subd. 3.

Reorganizing districts.

A district that is a member of a joint powers
board established under subdivision 2 and that is planning to reorganize under section
123A.45, 123A.46, or 123A.48 must notify the joint powers board one year in advance of
the effective date of the reorganization. Notwithstanding section 471.59 or any other law
to the contrary, the board of a district that reorganizes under section 123A.45, 123A.46, or
123A.48 may appoint representatives to the joint powers board who will serve on the joint
powers board for two years after the effective date of the reorganization if authorized in
the agreement establishing the joint powers board to govern the cooperative deleted text begin secondarydeleted text end
facility. These representatives shall have the same powers as representatives of any other
school district under the joint powers agreement.

Subd. 4.

District procedures.

A joint powers board of a deleted text begin secondarydeleted text end district
established under subdivision 2 or a school board of a reorganized district that intends
to apply for a grant must adopt a resolution stating the proposed costs of the project,
the purpose for which the costs are to be incurred, and an estimate of the dates when
the facilities for which the grant is requested will be contracted for and completed.
Applications for the state grants must be accompanied by (a) a copy of the resolution, (b)
a certificate by the clerk and treasurer of the joint powers board showing the current
outstanding indebtedness of each member district, and (c) a certificate by the county
auditor of each county in which a portion of the joint powers district lies showing the
information in the auditor's official records that is required to be used in computing the
debt limit of the district under section 475.53, subdivision 4. The clerk's and treasurer's
certificate must show, as to each outstanding bond issue of each member district, the
amount originally issued, the purpose for which issued, the date of issue, the amount
remaining unpaid as of the date of the resolution, and the interest rates and due dates
and amounts of principal thereon. Applications and necessary data must be in the
form prescribed by the commissioner deleted text begin and the rules of the State Board of Education
before December 31, 1999, and after December 30, 1999, in the form prescribed by the
commissionerdeleted text end . Applications must be received by the commissioner by September 1 of an
odd-numbered year. When an application is received, the commissioner shall obtain from
the commissioner of revenue, and from the Public Utilities Commission when required,
the information in their official records that is required to be used in computing the debt
limit of the joint powers district under section 475.53, subdivision 4.

Subd. 5.

Award of grants.

By November 1 of the odd-numbered year, the
commissioner shall examine and consider all applications for grants, and if any district is
found not qualified, the commissioner shall promptly notify that board.

A grant award is subject to verification by the district as specified in subdivision
8. A grant award for a new facility must not be made until the site of the deleted text begin secondarydeleted text end
facility has been determined. A grant award to remodel or improve an existing facility
must not be made until the districts have reorganized. If the total amount of the approved
applications exceeds the amount that is or can be made available, the commissioner
shall allot the available amount equally between the approved applicant districts. The
commissioner shall promptly certify to each qualified district the amount, if any, of the
grant awarded to it.

Subd. 6.

Collocation grant.

A group of districts that receives a grant for a new
facility under subdivision 4 is also eligible to receive an additional grant in the amount of
$1,000,000. To receive the additional grant, the group of districts must develop a plan
under subdivision 2, paragraph (d), that provides for the location of a significant number
of noneducational student and community service programs within the cooperative
deleted text begin secondarydeleted text end facility.

Subd. 7.

Referendum; bond issue.

Within 180 days after being awarded a grant
for a new facility under subdivision 5, the joint powers board must submit the question
of authorizing the borrowing of funds for the deleted text begin secondarydeleted text end facility to the voters of the joint
powers district at a special election, which may be held in conjunction with the annual
election of the school board members of the member districts. The question submitted
must state the total amount of funding needed from all sources. A majority of those voting
in the affirmative on the question is sufficient to authorize the joint powers board to accept
the grant and to issue the bonds on public sale deleted text begin in accordance withdeleted text end new text begin according tonew text end chapter
475. The clerk of the joint powers board must certify the vote of the bond election to the
commissioner. If the question is approved by the voters, the commissioner shall notify the
approved applicant districts that the grant amount certified under subdivision 5 is available
and appropriated for payment under this subdivision. If a majority of those voting on the
question do not vote in the affirmative, the grant must be canceled.

Subd. 8.

Contract.

Each grant must be evidenced by a contract between the board
and the state acting through the commissioner. The contract obligates the state to pay to
the board an amount computed according to subdivision 5, and according to a schedule,
and terms and conditions acceptable to the commissioner of finance.

Subd. 9.

Consolidation.

A group of districts that operates a cooperative deleted text begin secondarydeleted text end
facility that was acquired, constructed, remodeled, or improved under this section and
implements consolidation proceedings according to section 123A.48, may propose a
temporary school board structure in the petition or resolution required under section
123A.48, subdivision 2. The districts may propose the number of existing school board
members of each district to become members of the board of the consolidated district
and a method to gradually reduce the membership to six or seven. The proposal must
be approved, disapproved, or modified by the deleted text begin state board of educationdeleted text end new text begin commissionernew text end .
The election requirements of section 123A.48, subdivision 20, do not apply to a
proposal approved by the state board. Elections conducted after the effective date of the
consolidation are subject to the Minnesota Election Law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2005 Supplement, section 123B.53, subdivision 1, is
amended to read:


Subdivision 1.

Definitions.

(a) For purposes of this section, the eligible debt service
revenue of a district is defined as follows:

(1) the amount needed to produce between five and six percent in excess of the
amount needed to meet when due the principal and interest payments on the obligations
of the district for eligible projects according to subdivision 2, including the amounts
necessary for repayment of energy loans according to section 216C.37 or sections 298.292
to 298.298, debt service loans and capital loans, lease purchase payments under section
126C.40, subdivision 2, alternative facilities levies under section 123B.59, subdivision
5, minus

(2) the amount of debt service excess levy reduction for that school year calculated
according to the procedure established by the commissioner.

(b) The obligations in this paragraph are excluded from eligible debt service revenue:

(1) obligations under section 123B.61;

(2) the part of debt service principal and interest paid from the taconite environmental
protection fund or Douglas J. Johnson economic protection trust;

(3) obligations issued under Laws 1991, chapter 265, article 5, section 18, as
amended by Laws 1992, chapter 499, article 5, section 24; and

(4) obligations under section 123B.62.

(c) For purposes of this section, if a preexisting school district reorganized under
sections 123A.35 to 123A.43, 123A.46, and 123A.48 is solely responsible for retirement
of the preexisting district's bonded indebtedness, capital loans or debt service loans, debt
service equalization aid must be computed separately for each of the preexisting districts.

(d) For purposes of this section, the adjusted net tax capacity determined according
to section 127A.48 shall be adjusted to include a portion of the tax capacity of property
generally exempted from ad valorem taxes under section 272.02, subdivisions 64 and
65, equal to the product of that tax capacity times the ratio of the eligible debt service
revenue attributed to general obligation bonds to the total eligible debt service revenue
of the district.

new text begin (e) For fiscal year 2008, the debt service equalizing factor adjustment equals 1.0. For
fiscal year 2009 and later, the debt service equalizing factor adjustment equals the greater
of one or the ratio of the statewide adjusted net tax capacity for the year before the levy
is certified divided by the statewide adjusted pupil units in the fiscal year ending in the
year prior to the year the levy is certified to the 2004 statewide adjusted net tax capacity
divided by the statewide adjusted pupil units for fiscal year 2004.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2008.
 new text end

Sec. 6.

Minnesota Statutes 2004, section 123B.53, subdivision 5, is amended to read:


Subd. 5.

Equalized debt service levy.

(a) The equalized debt service levy of a
district equals the sum of the first tier equalized debt service levy and the second tier
equalized debt service levy.

(b) A district's first tier equalized debt service levy equals the district's first tier debt
service equalization revenue times the lesser of one or the ratio of:

(1) the quotient derived by dividing the adjusted net tax capacity of the district for
the year before the year the levy is certified by the adjusted pupil units in the district for
the school year ending in the year prior to the year the levy is certified; to

(2) deleted text begin $3,200deleted text end new text begin $5,000 times the debt service equalizing factor adjustment under section
123B.53, subdivision 1new text end .

(c) A district's second tier equalized debt service levy equals the district's second
tier debt service equalization revenue times the lesser of one or the ratio of:

(1) the quotient derived by dividing the adjusted net tax capacity of the district for
the year before the year the levy is certified by the adjusted pupil units in the district for
the school year ending in the year prior to the year the levy is certified; to

(2) $8,000new text begin times the debt service equalizing factor adjustment under section
123B.53, subdivision 1new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2008.
new text end

Sec. 7. new text begin TIMELINES WAIVED.
new text end

new text begin Notwithstanding the timelines in Minnesota Statutes, section 123A.443, Independent
School District No. 2134, United South Central, and the fiscal agent for Independent
School Districts Nos. 403, Ivanhoe, and 404, Lake Benton, may submit an application for
a cooperative facilities grant to the commissioner of education. The commissioner must
either approve, modify, or reject the application within 60 days of its receipt.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8. new text begin WASECA LEVY.
new text end

new text begin Independent School District No. 829, Waseca, may levy a total of up to $344,000 for
health and safety revenue lost due to miscalculation. This levy may be made over five or
fewer years beginning with taxes payable in 2007. If the district does not levy the full
amount authorized within the five-year period, other state aid due to the district shall be
reduced proportionately.
 new text end

Sec. 9. new text begin HEALTH AND SAFETY REVENUE USES; BELLE PLAINE.
new text end

new text begin Notwithstanding Minnesota Statutes, sections 123B.57 and 123B.59, upon approval
of the commissioner of education, Independent School District No. 716, Belle Plaine, may
use up to $125,000 of its health and safety revenue raised through an alternative facilities
bond for other qualifying health and safety projects.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10. new text begin LEASE LEVY; ADMINISTRATIVE SPACE, ROCORI AND
FARIBAULT.
new text end

new text begin Independent School Districts Nos. 656, Faribault, and 750, Rocori, may lease
administrative space under Minnesota Statutes, section 126C.40, subdivision 1, if the
district can demonstrate to the satisfaction of the commissioner of education that the
administrative space is less expensive than instructional space that the district would
otherwise lease. The commissioner must deny this levy authority unless the district
passes a resolution stating its intent to lease instructional space under Minnesota Statutes,
section 126C.40, subdivision 1, if the commissioner does not grant authority under this
section. The resolution must also certify that a lease of administrative space under this
section is less expensive than the district's proposed instructional lease. Levy authority
under this section shall not exceed the total levy authority under Minnesota Statutes,
section 126C.40, subdivision 1, paragraph (e).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for taxes payable in
2007.
new text end

Sec. 11. new text begin APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
 new text end

new text begin Subd. 2. new text end

new text begin Waseca. new text end

new text begin For payment of health and safety aid owed to Independent School
District No. 829, Waseca:
new text end

new text begin $
 new text end 		new text begin 316,000
 new text end 		new text begin .....
 new text end 		new text begin 2007
 new text end

ARTICLE 5

SCHOOL DISTRICT ACCOUNTING

Section 1.

Minnesota Statutes 2004, section 123B.10, subdivision 1, is amended to read:


Subdivision 1.

Budgets.

By deleted text begin October 1deleted text end new text begin November 30new text end , every board must
publish revenue and expenditure budgets for the current year and the actual revenues,
expenditures, fund balances for the prior year and projected fund balances for the current
year in a form prescribed by the commissioner. The forms prescribed must be designed so
that year to year comparisons of revenue, expenditures and fund balances can be made.
These budgets, reports of revenue, expenditures and fund balances must be published in
a qualified newspaper of general circulation in the districtnew text begin or on the district's official
Web site. If published on the district's official Web site, the district must also publish an
announcement in a qualified newspaper of general circulation in the district that includes
the Internet address where the information has been postednew text end .

Sec. 2.

Minnesota Statutes 2004, section 123B.143, subdivision 1, is amended to read:


Subdivision 1.

Contract; duties.

All districts maintaining a classified secondary
school must employ a superintendent who shall be an ex officio nonvoting member of the
school board. The authority for selection and employment of a superintendent must be
vested in the board in all cases. An individual employed by a board as a superintendent
shall have an initial employment contract for a period of time no longer than three years
from the date of employment. Any subsequent employment contract must not exceed a
period of three years. A board, at its discretion, may or may not renew an employment
contract. A board must not, by action or inaction, extend the duration of an existing
employment contract. Beginning 365 days prior to the expiration date of an existing
employment contract, a board may negotiate and enter into a subsequent employment
contract to take effect upon the expiration of the existing contract. A subsequent contract
must be contingent upon the employee completing the terms of an existing contract. If a
contract between a board and a superintendent is terminated prior to the date specified in
the contract, the board may not enter into another superintendent contract with that same
individual that has a term that extends beyond the date specified in the terminated contract.
A board may terminate a superintendent during the term of an employment contract for any
of the grounds specified in section 122A.40, subdivision 9 or 13. A superintendent shall
not rely upon an employment contract with a board to assert any other continuing contract
rights in the position of superintendent under section 122A.40. Notwithstanding the
provisions of sections 122A.40, subdivision 10 or 11, 123A.32, 123A.75, or any other law
to the contrary, no individual shall have a right to employment as a superintendent based
on order of employment in any district. If two or more districts enter into an agreement for
the purchase or sharing of the services of a superintendent, the contracting districts have
the absolute right to select one of the individuals employed to serve as superintendent
in one of the contracting districts and no individual has a right to employment as the
superintendent to provide all or part of the services based on order of employment in a
contracting district. The superintendent of a district shall perform the following:

(1) visit and supervise the schools in the district, report and make recommendations
about their condition when advisable or on request by the board;

(2) recommend to the board employment and dismissal of teachers;

(3) superintend school grading practices and examinations for promotions;

(4) make reports required by the commissioner;new text begin and
new text end

(5) deleted text begin by January 10, submit an annual report to the commissioner in a manner
prescribed by the commissioner, in consultation with school districts, identifying the
expenditures that the district requires to ensure an 80 percent student passage rate on the
basic standards test taken in the eighth grade, identifying the highest student passage
rate the district expects it will be able to attain on the basic standards test by grade 12,
the amount of expenditures that the district requires to attain the targeted student passage
rate, and how much the district is cross-subsidizing programs with special education, basic
skills, and general education revenue; and
deleted text end

deleted text begin (6)deleted text end perform other duties prescribed by the board.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2006-2007 school year and
later.
new text end

Sec. 3.

Minnesota Statutes 2005 Supplement, section 123B.75, subdivision 5, is
amended to read:


Subd. 5.

Levy recognition.

(a) "School district tax settlement revenue" means the
current, delinquent, and manufactured home property tax receipts collected by the county
and distributed to the school district.

(b) For fiscal year 2004 and later years, in June of each year, the school district must
recognize as revenue, in the fund for which the levy was made, the lesser of:

(1) the sum of May, June, and July school district tax settlement revenue received in
that calendar year, plus general education aid according to section 126C.13, subdivision
4, received in July and August of that calendar year; or

(2) the sum of:

(i) deleted text begin the greater of 48.6 percent of the referendum levy certified according to section
126C.17, in the prior calendar year ordeleted text end 31 percent of the referendum levy certified
according to section 126C.17, in calendar year 2000; deleted text begin plusdeleted text end new text begin and
new text end

(ii) the entire amount of the levy certified in the prior calendar year according to
section 124D.86, subdivision 4, for school districts receiving revenue under sections
124D.86, subdivision 3, clauses (1), (2), and (3); 126C.41, subdivisions 1, 2, and 3,
paragraphs (b), (c), and (d); 126C.43, subdivision 2; 126C.457; and 126C.48, subdivision
6deleted text begin ; plusdeleted text end new text begin .
new text end

deleted text begin (iii) 48.6 percent of the amount of the levy certified in the prior calendar year
for the school district's general and community service funds, plus or minus auditor's
adjustments, not including levy portions that are assumed by the state, that remains after
subtracting the referendum levy certified according to section and the amount
recognized according to clause (ii).
 deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2006.
 new text end

Sec. 4.

Minnesota Statutes 2004, section 123B.79, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Elimination of reserve accounts. new text end

new text begin A school board shall eliminate all
reserve accounts established in the school district's general fund under Minnesota Statutes
before July 1, 2005, for which no specific authority remains in statute as of June 30,
2006. Any balance in the district's reserved for bus purchases account as of June 30,
2006, shall be transferred to the reserved account for operating capital in the school
district's general fund. Any balance in other reserved accounts established in the school
district's general fund under Minnesota Statutes before July 1, 2005, for which no specific
authority remains in statute as of June 30, 2006, shall be transferred to the school district's
unreserved general fund balance. A school board may, upon adoption of a resolution by
the school board, establish a designated account for any program for which a reserved
account has been eliminated.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 30, 2006.
 new text end

Sec. 5.

Minnesota Statutes 2004, section 127A.41, subdivision 2, is amended to read:


Subd. 2.

Errors in distribution.

On determining that the amount of state aid
distributed to a school district is in error, the commissioner is authorized to adjust the
amount of aid consistent with this subdivision. On determining that the amount of aid is
in excess of the school district's entitlement, the commissioner is authorized to recover
the amount of the excess by any appropriate means. Notwithstanding the fiscal years
designated by the appropriation, the excess may be recovered by reducing future aid
payments to the district. Notwithstanding any law to the contrary, if the aid reduced is not
of the same type as that overpaid, the district must adjust all necessary financial accounts
to properly reflect all revenues earned in accordance with the uniform financial accounting
and reporting standards pursuant to sections 123B.75 to 123B.83. Notwithstanding the
fiscal years designated by the appropriation, on determining that the amount of an aid paid
is less than the school district's entitlement, the commissioner is authorized to increase
such aid from the current appropriation.new text begin If the aid program has been discontinued and has
no appropriation, the appropriation for general education shall be used for recovery or
payment of the aid decrease or increase. Any excess of aid recovery over aid payment
shall be canceled to the state general fund.new text end

Sec. 6.

Minnesota Statutes 2005 Supplement, section 127A.45, subdivision 2, is
amended to read:


Subd. 2.

Definitions.

(a) The term "other district receipts" means payments by
county treasurers pursuant to section 276.10, apportionments from the school endowment
fund pursuant to section 127A.33, apportionments by the county auditor pursuant to
section 127A.34, subdivision 2, and payments to school districts by the commissioner of
revenue pursuant to chapter 298.

(b) The term "cumulative amount guaranteed" means the product of

(1) the cumulative disbursement percentage shown in subdivision 3; times

(2) the sum of

(i) the current year aid payment percentage of the estimated aid and credit
entitlements paid according to subdivision 13; plus

(ii) 100 percent of the entitlements paid according to subdivisions 11 and 12; plus

(iii) the other district receipts.

(c) The term "payment date" means the date on which state payments to districts
are made by the electronic funds transfer method. If a payment date falls on a Saturday,
a Sunday, or a weekday which is a legal holiday, the payment shall be made on the
immediately preceding business day. The commissioner may make payments on dates
other than those listed in subdivision 3, but only for portions of payments from any
preceding payment dates which could not be processed by the electronic funds transfer
method due to documented extenuating circumstances.

new text begin (d) The current year aid payment percentage equals 90.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2006.
 new text end

Sec. 7.

Minnesota Statutes 2005 Supplement, section 127A.45, subdivision 10, is
amended to read:


Subd. 10.

Payments to school nonoperating funds.

Each fiscal year state general
fund payments for a district nonoperating fund must be made at the current year aid
payment percentage of the estimated entitlement during the fiscal year of the entitlement.
This amount shall be paid in 12 equal monthly installments. The amount of the actual
entitlement, after adjustment for actual data, minus the payments made during the fiscal
year of the entitlement must be paid prior to October 31 of the following school year. The
commissioner may make advance payments of debt service equalization aidnew text begin and state-paid
tax creditsnew text end for a district's debt service fund earlier than would occur under the preceding
schedule if the district submits evidence showing a serious cash flow problem in the fund.
The commissioner may make earlier payments during the year and, if necessary, increase
the percent of the entitlement paid to reduce the cash flow problem.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 8. new text begin DEPARTMENT OF EDUCATION REPORT.
new text end

new text begin The Department of Education must provide a report to the education committees
of the legislature by January 15, 2007. The report must analyze the department's data
collection procedures under each of the department's major data reporting systems and
recommend a streamlined, Web-based, system of reporting school district data. The report
must also analyze any stand-alone school district reporting requirements and recommend
elimination of any district reports that are duplicative of other data already collected
by the department.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 9. new text begin PROPERTY TAX CERTIFICATION; ROCHESTER SCHOOL
DISTRICT.
new text end

new text begin Notwithstanding Minnesota Statutes, sections 126C.48 and 275.065, with the
agreement of the school district's home county, Independent School District No. 535,
Rochester, on or before October 8, shall certify to the county auditor the district's proposed
property tax levy for taxes payable in the following year.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxes payable in 2007 and later.
 new text end

Sec. 10. new text begin FUND TRANSFERS.
new text end

new text begin Subdivision 1. new text end

new text begin Alden-Conger. new text end

new text begin Notwithstanding Minnesota Statutes, sections
123B.79 and 123B.80, as of June 30, 2006, Independent School District No. 242,
Alden-Conger, may permanently transfer up to $127,000 from its reserved for disabled
accessibility account to its unrestricted general fund account without making a levy
reduction for disability access projects which were paid for out of the district's unreserved
general fund account without an accounting adjustment to make the payments from the
correct account.
 new text end

new text begin Subd. 2. new text end

new text begin Hopkins. new text end

new text begin Notwithstanding Minnesota Statutes, section 123B.79 or
123B.80, on June 30, 2006, Independent School District No. 270, Hopkins, may
permanently transfer up to $150,000 from its community education reserve fund to its
undesignated general fund balance to assist the district in decreasing its statutory operating
debt.
 new text end

new text begin Subd. 3. new text end

new text begin Lester Prairie. new text end

new text begin Notwithstanding Minnesota Statutes, section 123B.79 or
123B.80, on June 30, 2006, Independent School District No. 424, Lester Prairie, may
permanently transfer up to $150,000 from its reserved for operating capital account and up
to $107,000 from its reserved for severance account to its undesignated balance in the
general fund.
 new text end

new text begin Subd. 4. new text end

new text begin Milroy. new text end

new text begin Notwithstanding Minnesota Statutes, section 123B.79 or 123B.80,
on June 30, 2006, Independent School District No. 635, Milroy, may permanently transfer
up to $26,000 from its reserved for disability accessibility account to its undesignated
general fund balance without making a levy reduction.
new text end

new text begin Subd. 5. new text end

new text begin Tyler. new text end

new text begin Notwithstanding Minnesota Statutes, section 123B.79 or 123B.80,
Independent School District No. 409, Tyler, on June 30, 2006, may permanently transfer
up to $451,000 from its reserved for capital operating account to its debt redemption fund.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

ARTICLE 6

PUPIL TRANSPORTATION

Section 1.

Minnesota Statutes 2004, section 123B.90, subdivision 2, is amended to read:


Subd. 2.

Student training.

(a) Each district must provide public school pupils
enrolled in kindergarten through grade 10 with age-appropriate school bus safety training,
as described in this section, of the following concepts:

(1) transportation by school bus is a privilege and not a right;

(2) district policies for student conduct and school bus safety;

(3) appropriate conduct while on the school bus;

(4) the danger zones surrounding a school bus;

(5) procedures for safely boarding and leaving a school bus;

(6) procedures for safe street or road crossing; and

(7) school bus evacuation.

(b) Each nonpublic school located within the district must provide all nonpublic
school pupils enrolled in kindergarten through grade 10 who are transported by school
bus at public expense and attend school within the district's boundaries with training as
required in paragraph (a).

(c) Students enrolled in kindergarten through grade 6 who are transported by school
bus and are enrolled during the first or second week of school must receive the school bus
safety training competencies by the end of the third week of school. Students enrolled in
grades 7 through 10 who are transported by school bus and are enrolled during the first or
second week of school and have not previously received school bus safety training must
receive the training or receive bus safety instructional materials by the end of the sixth
week of school. Students deleted text begin taking driver's training instructional classes and other studentsdeleted text end in
deleted text begin grades 9 anddeleted text end new text begin grade 9 ornew text end 10 must receive training in the laws and proper procedures when
operating a motor vehicle in the vicinity of a school bus. Students enrolled in kindergarten
through grade 10 who enroll in a school after the second week of school and are
transported by school bus and have not received training in their previous school district
shall undergo school bus safety training or receive bus safety instructional materials
within four weeks of the first day of attendance. new text begin Upon request of the superintendent
of schools, new text end the school transportation safety director in each district must certify to the
superintendent deleted text begin of schools annuallydeleted text end that all students transported by school bus within
the district have received the school bus safety training according to this section. new text begin Upon
request of the superintendent of the school district where the nonpublic school is located,
new text end the principal or other chief administrator of each nonpublic school must certify deleted text begin annuallydeleted text end to
the school transportation safety director of the district in which the school is located that
the school's students transported by school bus at public expense have received training
according to this section.

(d) A district and a nonpublic school with students transported by school bus at
public expense may provide kindergarten pupils with bus safety training before the first
day of school.

(e) A district and a nonpublic school with students transported by school bus at
public expense may also provide student safety education for bicycling and pedestrian
safety, for students enrolled in kindergarten through grade 5.

(f) A district and a nonpublic school with students transported by school bus at
public expense must make reasonable accommodations for the school bus safety training
of pupils known to speak English as a second language and pupils with disabilities.

(g) The district and a nonpublic school with students transported by school bus at
public expense must provide students enrolled in kindergarten through grade 3 school bus
safety training twice during the school year.

(h) A district and a nonpublic school with students transported by school bus at public
expense must conduct a school bus evacuation drill at least once during the school year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 2.

Minnesota Statutes 2004, section 123B.91, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Compliance by nonpublic and charter school students. new text end

new text begin A nonpublic or
charter school student transported by a public school district shall comply with student bus
conduct and student bus discipline policies of the transporting public school district.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
 new text end

Sec. 3.

Minnesota Statutes 2005 Supplement, section 123B.92, subdivision 1, is
amended to read:


Subdivision 1.

Definitions.

For purposes of this section and section 125A.76, the
terms defined in this subdivision have the meanings given to them.

(a) "Actual expenditure per pupil transported in the regular and excess transportation
categories" means the quotient obtained by dividing:

(1) the sum of:

(i) all expenditures for transportation in the regular category, as defined in paragraph
(b), clause (1), and the excess category, as defined in paragraph (b), clause (2), plus

(ii) an amount equal to one year's depreciation on the district's school bus fleet
and mobile units computed on a straight line basis at the rate of 15 percent per year for
districts operating a program under section 124D.128 for grades 1 to 12 for all students in
the district and 12-1/2 percent per year for other districts of the cost of the fleet, plus

(iii) an amount equal to one year's depreciation on the district's type three school
buses, as defined in section 169.01, subdivision 6, clause (5), which must be used a
majority of the time for pupil transportation purposes, computed on a straight line basis at
the rate of 20 percent per year of the cost of the type three school buses by:

(2) the number of pupils eligible for transportation in the regular category, as defined
in paragraph (b), clause (1), and the excess category, as defined in paragraph (b), clause (2).

(b) "Transportation category" means a category of transportation service provided to
pupils as follows:

(1) Regular transportation is:

(i) transportation to and from school during the regular school year for resident
elementary pupils residing one mile or more from the public or nonpublic school they
attend, and resident secondary pupils residing two miles or more from the public
or nonpublic school they attend, excluding desegregation transportation and noon
kindergarten transportation; but with respect to transportation of pupils to and from
nonpublic schools, only to the extent permitted by sections 123B.84 to 123B.87;

(ii) transportation of resident pupils to and from language immersion programs;

(iii) transportation of a pupil who is a custodial parent and that pupil's child between
the pupil's home and the child care provider and between the provider and the school, if
the home and provider are within the attendance area of the school;

(iv) transportation to and from or board and lodging in another district, of resident
pupils of a district without a secondary school; and

(v) transportation to and from school during the regular school year required under
subdivision 3 for nonresident elementary pupils when the distance from the attendance
area border to the public school is one mile or more, and for nonresident secondary pupils
when the distance from the attendance area border to the public school is two miles or
more, excluding desegregation transportation and noon kindergarten transportation.

For the purposes of this paragraph, a district may designate a licensed day care
facility, new text begin school day care facility, new text end respite care facility, the residence of a relative, or the
residence of a person chosen by the pupil's parent or guardian as the home of a pupil for
part or all of the day, if requested by the pupil's parent or guardian, and if that facility or
residence is within the attendance area of the school the pupil attends.

(2) Excess transportation is:

(i) transportation to and from school during the regular school year for resident
secondary pupils residing at least one mile but less than two miles from the public or
nonpublic school they attend, and transportation to and from school for resident pupils
residing less than one mile from school who are transported because of extraordinary
traffic, drug, or crime hazards; and

(ii) transportation to and from school during the regular school year required under
subdivision 3 for nonresident secondary pupils when the distance from the attendance area
border to the school is at least one mile but less than two miles from the public school
they attend, and for nonresident pupils when the distance from the attendance area border
to the school is less than one mile from the school and who are transported because of
extraordinary traffic, drug, or crime hazards.

(3) Desegregation transportation is transportation within and outside of the district
during the regular school year of pupils to and from schools located outside their normal
attendance areas under a plan for desegregation mandated by the commissioner or under
court order.

(4) "Transportation services for pupils with disabilities" is:

(i) transportation of pupils with disabilities who cannot be transported on a regular
school bus between home or a respite care facility and school;

(ii) necessary transportation of pupils with disabilities from home or from school to
other buildings, including centers such as developmental achievement centers, hospitals,
and treatment centers where special instruction or services required by sections 125A.03
to 125A.24, 125A.26 to 125A.48, and 125A.65 are provided, within or outside the district
where services are provided;

(iii) necessary transportation for resident pupils with disabilities required by sections
125A.12, and 125A.26 to 125A.48;

(iv) board and lodging for pupils with disabilities in a district maintaining special
classes;

(v) transportation from one educational facility to another within the district for
resident pupils enrolled on a shared-time basis in educational programs, and necessary
transportation required by sections 125A.18, and 125A.26 to 125A.48, for resident pupils
with disabilities who are provided special instruction and services on a shared-time basis
or if resident pupils are not transported, the costs of necessary travel between public
and private schools or neutral instructional sites by essential personnel employed by the
district's program for children with a disability;

(vi) transportation for resident pupils with disabilities to and from board and lodging
facilities when the pupil is boarded and lodged for educational purposes; and

(vii) services described in clauses (i) to (vi), when provided for pupils with
disabilities in conjunction with a summer instructional program that relates to the pupil's
individual education plan or in conjunction with a learning year program established
under section 124D.128.

For purposes of computing special education base revenue under section 125A.76,
subdivision 2, the cost of providing transportation for children with disabilities includes
(A) the additional cost of transporting a homeless student from a temporary nonshelter
home in another district to the school of origin, or a formerly homeless student from a
permanent home in another district to the school of origin but only through the end of the
academic year; and (B) depreciation on district-owned school buses purchased after July 1,
2005, and used primarily for transportation of pupils with disabilities, calculated according
to paragraph (a), clauses (ii) and (iii). Depreciation costs included in the disabled
transportation category must be excluded in calculating the actual expenditure per pupil
transported in the regular and excess transportation categories according to paragraph (a).

(5) "Nonpublic nonregular transportation" is:

(i) transportation from one educational facility to another within the district for
resident pupils enrolled on a shared-time basis in educational programs, excluding
transportation for nonpublic pupils with disabilities under clause (4);

(ii) transportation within district boundaries between a nonpublic school and a
public school or a neutral site for nonpublic school pupils who are provided pupil support
services pursuant to section 123B.44; and

(iii) late transportation home from school or between schools within a district for
nonpublic school pupils involved in after-school activities.

(c) "Mobile unit" means a vehicle or trailer designed to provide facilities for
educational programs and services, including diagnostic testing, guidance and counseling
services, and health services. A mobile unit located off nonpublic school premises is a
neutral site as defined in section 123B.41, subdivision 13.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
 new text end

Sec. 4.

Minnesota Statutes 2004, section 169.01, subdivision 6, is amended to read:


Subd. 6.

School bus.

"School bus" means a motor vehicle used to transport pupils
to or from a school defined in section 120A.22, or to or from school-related activities, by
the school or a school district, or by someone under an agreement with the school or a
school district. A school bus does not include a motor vehicle transporting children to or
from school for which parents or guardians receive direct compensation from a school
district, a motor coach operating under charter carrier authority, a transit bus providing
services as defined in section 174.22, subdivision 7, a multifunction school activity bus
as defined by federal motor vehicle safety standards, or a vehicle otherwise qualifying
as a type III vehicle under paragraph (5), when the vehicle is properly registered and
insured and being driven by an employee or agent of a school district for nonscheduled
or nonregular transportation. A school bus may be type A, type B, type C, or type D, or
type III as follows:

(1) A "type A school bus" is a deleted text begin vandeleted text end conversion deleted text begin ordeleted text end bus constructed utilizing a cutaway
front section vehicle with a left-side driver's door. deleted text begin The entrance door is behind the front
wheels.deleted text end This definition includes two classifications: type A-I, with a gross vehicle weight
rating (GVWR) deleted text begin less than or equal to 10,000deleted text end new text begin 14,500new text end poundsnew text begin or lessnew text end ; and type A-II, with a
GVWR greater than deleted text begin 10,000deleted text end new text begin 14,500new text end poundsnew text begin and less than or equal to 21,500 poundsnew text end .

(2) A "type B school bus" is constructed utilizing a stripped chassis. The entrance
door is behind the front wheels. This definition includes two classifications: type B-I,
with a GVWR less than or equal to 10,000 pounds; and type B-II, with a GVWR greater
than 10,000 pounds.

(3) A "type C school bus" is constructed utilizing a chassis with a hood and front
fender assembly. The entrance door is behind the front wheels.new text begin A "type C school bus" also
includes a cutaway truck chassis or truck chassis with cab with or without a left side door
and with a GVWR greater than 21,500 pounds.
new text end

(4) A "type D school bus" is constructed utilizing a stripped chassis. The entrance
door is ahead of the front wheels.

(5) Type III school buses and type III Head Start buses are restricted to passenger
cars, station wagons, vans, and buses having a maximum manufacturer's rated seating
capacity of ten or fewer people, including the driver, and a gross vehicle weight rating of
10,000 pounds or less. In this subdivision, "gross vehicle weight rating" means the value
specified by the manufacturer as the loaded weight of a single vehicle. A "type III school
bus" and "type III Head Start bus" must not be outwardly equipped and identified as a type
A, B, C, or D school bus or type A, B, C, or D Head Start bus. A van or bus converted to a
seating capacity of ten or fewer and placed in service on or after August 1, 1999, must
have been originally manufactured to comply with the passenger safety standards.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2007.
new text end

Sec. 5.

Minnesota Statutes 2004, section 169.447, subdivision 2, is amended to read:


Subd. 2.

Driver seat belt.

deleted text begin Newdeleted text end School buses and Head Start buses manufactured
after December 31, 1994, must be equipped with driver seat belts and seat belt assemblies
of the type described in section 169.685, subdivision 3. School bus drivers and Head
Start bus drivers must use these seat belts.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
 new text end

Sec. 6.

Minnesota Statutes 2004, section 169.4501, subdivision 1, is amended to read:


Subdivision 1.

National standards adopted.

Except as provided in sections
169.4502 and 169.4503, the construction, design, equipment, and color of types A,
B, C, and D school buses used for the transportation of school children shall meet the
requirements of the "bus chassis standards" and "bus body standards" in the deleted text begin 2000deleted text end new text begin 2005new text end
edition of the "National School Transportation Specifications and Procedures" adopted
by the National deleted text begin Conferencedeleted text end new text begin Congressnew text end on School Transportation. Except as provided
in section 169.4504, the construction, design, and equipment of types A, B, C, and D
school buses used for the transportation of students with disabilities also shall meet the
requirements of the "specially equipped school bus standards" in the deleted text begin 2000deleted text end new text begin 2005new text end National
School Transportation Specifications and Procedures. The "bus chassis standards," "bus
body standards," and "specially equipped school bus standards" sections of the deleted text begin 2000deleted text end new text begin
2005new text end edition of the "National School Transportation Specifications and Procedures" are
incorporated by reference in this chapter.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2007.
 new text end

Sec. 7.

Minnesota Statutes 2004, section 169.4501, subdivision 2, is amended to read:


Subd. 2.

Applicability.

(a) The standards adopted in this section and sections
169.4502 and 169.4503, govern the construction, design, equipment, and color of school
buses used for the transportation of school children, when owned or leased and operated
by a school or privately owned or leased and operated under a contract with a school.
Each school, its officers and employees, and each person employed under the contract is
subject to these standards.

(b) The standards apply to school buses manufactured after deleted text begin October 31, 2004deleted text end new text begin
December 31, 2006new text end . Buses complying with the standards when manufactured need not
comply with standards established later except as specifically provided for by law.

(c) A school bus manufactured on or before deleted text begin October 31, 2004deleted text end new text begin December 31,
2006new text end , must conform to the Minnesota standards in effect on the date the vehicle was
manufactured except as specifically provided for in law.

(d) A new bus body may be remounted on a used chassis provided that the remounted
vehicle meets state and federal standards for new buses which are current at the time of the
remounting. Permission must be obtained from the commissioner of public safety before
the remounting is done. A used bus body may not be remounted on a new or used chassis.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2007.
 new text end

Sec. 8.

Minnesota Statutes 2004, section 169.4502, subdivision 5, is amended to read:


Subd. 5.

Electrical system; battery.

(a) The storage battery, as established by the
manufacturer's rating, must be of sufficient capacity to care for starting, lighting, signal
devices, heating, and other electrical equipment. In a bus with a gas-powered chassis, the
battery or batteries must provide a minimum of 800 cold cranking amperes. In a bus
with a diesel-powered chassis, the battery or batteries must provide a minimum of 1050
cold cranking amperes.

(b) In a type B bus with a gross vehicle weight rating of 15,000 pounds or more, and
type C and D buses, the battery shall be temporarily mounted on the chassis frame. The
final location of the battery and the appropriate cable lengths in these buses must comply
with the SBMI design objectives booklet.

(c) All batteries shall be mounted according to chassis manufacturers'
recommendations.

(d) In a type C bus, other than are powered by diesel fuel, a battery providing at least
550 cold cranking amperes may be installed in the engine compartment only if used in
combination with a generator or alternator of at least deleted text begin 120deleted text end new text begin 130new text end amperes.

(e) A bus with a gross vehicle weight rating of 15,000 pounds or less may be
equipped with a battery to provide a minimum of 550 cold cranking amperes only if used
in combination with an alternator of at least deleted text begin 80deleted text end new text begin 130new text end amperes. This paragraph does not
apply to those buses with wheelchair lifts or diesel engines.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2007.
 new text end

Sec. 9.

Minnesota Statutes 2004, section 169.4503, subdivision 20, is amended to read:


Subd. 20.

Seat and crash barriers.

new text begin (a) new text end All restraining barriers and passenger seats
shall be covered with a material that has fire retardant or fire block characteristics.

new text begin (b) All seats must have a minimum cushion depth of 15 inches and a seat back
height of at least 20 inches above the seating reference point.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2007.
new text end

Sec. 10.

Minnesota Statutes 2004, section 171.321, subdivision 4, is amended to read:


Subd. 4.

Training.

(a) No person shall drive a class A, B, C, or D school bus when
transporting school children to or from school or upon a school-related trip or activity
without having demonstrated sufficient skills and knowledge to transport students in
a safe and legal manner.

(b) A bus driver must have training or experience that allows the driver to meet at
least the following competencies:

(1) safely operate the type of school bus the driver will be driving;

(2) understand student behavior, including issues relating to students with
disabilities;

(3) encourage orderly conduct of students on the bus and handle incidents of
misconduct appropriately;

(4) know and understand relevant laws, rules of the road, and local school bus
safety policies;

(5) handle emergency situations; and

(6) safely load and unload students.

(c) The commissioner of public safety shall develop a comprehensive model
school bus driver training program and model assessments for school bus driver training
competencies, which are not subject to chapter 14. A school districtnew text begin , nonpublic school, or
private contractornew text end may use alternative assessments for bus driver training competencies
with the approval of the commissioner of public safety. new text begin After completion of bus driver
training competencies, a driver may receive at least eight hours of school bus in-service
training any year, as an alternative to being assessed for bus driver competencies. new text end The
employer shall keep the assessment new text begin or a record of the in-service training new text end for the current
period available for inspection by representatives of the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 11. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 169.4502, subdivision 15; and 169.4503,
subdivisions 17, 18, and 26, new text end new text begin are repealed.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2007.
new text end

ARTICLE 7

EARLY CHILDHOOD EDUCATION

Section 1.

Laws 2005, First Special Session chapter 5, article 7, section 20, subdivision
5, is amended to read:



Subd. 5. Head Start program. For Head Start programs under Minnesota Statutes,
section 119A.52:

$
19,100,000
.....
 2006
$
19,100,000
.....
 2007

new text begin Any balance in the first year does not cancel but is available in the second year.
new text end


new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

ARTICLE 8

PREVENTION AND COMMUNITY EDUCATION PROGRAMS

Section 1. new text begin APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
 new text end

new text begin Subd. 2. new text end

new text begin Quantum opportunities. new text end

new text begin For a grant to Summit Academy OIC for the
quantum opportunities program:
 new text end

new text begin $
 new text end 		new text begin 150,000
 new text end 		new text begin .....
 new text end 		new text begin 2007
 new text end

new text begin By December 15, 2007, the department must report to the education committees of the
legislature on how the quantum opportunities program bridges the achievement gap. The
report must include disaggregated data test scores, dropout rates, graduation rates, and
postsecondary enrollment rates. This is a onetime appropriation.
 new text end

new text begin Subd. 3. new text end

new text begin Hard hats program. new text end

new text begin For a grant to the Summit Academy OIC for the
100 hard hats program:
 new text end

new text begin $
 new text end 		new text begin 200,000
 new text end 		new text begin .....
 new text end 		new text begin 2007
 new text end

new text begin This is a onetime appropriation.
 new text end

ARTICLE 9

SELF-SUFFICIENCY AND LIFELONG LEARNING

Section 1.

Minnesota Statutes 2004, section 124D.518, subdivision 4, is amended to
read:


Subd. 4.

First prior program year.

"First prior program year" means the deleted text begin period
from May 1 of the second prior fiscal year through April 30 of the first prior fiscal yeardeleted text end new text begin
specific time period defined by the commissioner that aligns to a program academic yearnew text end .

Sec. 2.

Minnesota Statutes 2004, section 124D.52, subdivision 1, is amended to read:


Subdivision 1.

Program requirements.

(a) An adult basic education program is a
day or evening program offered by a district that is for people over 16 years of age who do
not attend an elementary or secondary school. The program offers academic instruction
necessary to earn a high school diploma or equivalency certificate.

(b) Notwithstanding any law to the contrary, a school board or the governing body of
a consortium offering an adult basic education program may adopt a sliding fee schedule
based on a family's income, but must waive the fee for participants who are under the
age of 21 or unable to pay. The fees charged must be designed to enable individuals of
all socioeconomic levels to participate in the program. A program may charge a security
deposit to assure return of materials, supplies, and equipment.

(c) Each approved adult basic education program must develop a memorandum of
understanding with the local workforce development centers located in the approved
program's service delivery area. The memorandum of understanding must describe how
the adult basic education program and the workforce development centers will cooperate
and coordinate services to provide unduplicated, efficient, and effective services to clients.

(d) Adult basic education aid must be spent for adult basic education purposes as
specified in sections 124D.518 to 124D.531.

new text begin (e) A state-approved adult basic education program must count and submit student
contact hours for a program that offers high school credit toward an adult high school
diploma according to student eligibility requirements and competency demonstration
requirements established by the commissioner.
 new text end

Sec. 3. new text begin GRANTS FOR INTENSIVE ENGLISH INSTRUCTION FOR ADULT
REFUGEES.
new text end

new text begin The commissioner of education shall establish a reimbursement grant program
to fund intensive English as a Second Language (ESL) programs for adult refugees.
Intensive ESL programming must provide intensive instruction for adult refugees who
are making inadequate literacy progress as measured by a standard assessment test. The
intensive instruction must be focused on participants gaining sufficient literacy to achieve
self-sufficiency through employment. Organizations eligible for grants under this section
include adult basic education programs, school districts, postsecondary institutions,
and nonprofit or community-based organizations or other private organizations with
experience in providing English language instruction to non-English speaking immigrants
and refugees. Grant applications must be in the form and manner determined by the
commissioner. At a minimum, the application must document experience in literacy
programs serving immigrants and refugees, describe fiscal accounting systems and
reporting capacity, ensure that administrative expenses are limited to five percent of grant
funds, and provide a description of the proposed instructional services and training
plans. Funds must be paid to programs on a reimbursement basis after grant recipients
demonstrate to the commissioner's satisfaction that program participants have gained
sufficient literacy to achieve self sufficiency through employment.
 new text end

Sec. 4. new text begin APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the Department of Education for the fiscal years
designated.
 new text end

new text begin Subd. 2. new text end

new text begin Intensive English instruction for refugees. new text end

new text begin For a grant program for
intensive English instruction for adult refugees under section 3:
 new text end

new text begin $
 new text end 		new text begin 750,000
 new text end 		new text begin .....
 new text end 		new text begin 2007
 new text end

new text begin The base for this program in fiscal year 2008 is $750,000 and in fiscal year 2009
and later is $0.
 new text end

ARTICLE 10

STATE AGENCIES

Section 1.

Minnesota Statutes 2004, section 122A.09, subdivision 4, is amended to
read:


Subd. 4.

License and rules.

(a) The board must adopt rules to license public school
teachers and interns subject to chapter 14.

(b) The board must adopt rules requiring a person to successfully complete a skills
examination in reading, writing, and mathematics as a requirement for initial teacher
licensure. Such rules must require college and universities offering a board-approved
teacher preparation program to provide remedial assistance to persons who did not
achieve a qualifying score on the skills examination, including those for whom English is
a second language.

(c) The board must adopt rules to approve teacher preparation programs. The board,
upon the request of a postsecondary student preparing for teacher licensure or a licensed
graduate of a teacher preparation program, shall assist in resolving a dispute between the
person and a postsecondary institution providing a teacher preparation program when the
dispute involves an institution's recommendation for licensure affecting the person or the
person's credentials. At the board's discretion, assistance may include the application
of chapter 14.

(d) The board must provide the leadership and shall adopt rules for the redesign of
teacher education programs to implement a research based, results-oriented curriculum
that focuses on the skills teachers need in order to be effective. The board shall implement
new systems of teacher preparation program evaluation to assure program effectiveness
based on proficiency of graduates in demonstrating attainment of program outcomes.

(e) The board must adopt rules requiring successful completion of an examination
of general pedagogical knowledge and examinations of licensure-specific teaching
skills. The rules shall be effective on the dates determined by the board but not later
than September 1, 2001.

(f) The board must adopt rules requiring teacher educators to work directly with
elementary or secondary school teachers in elementary or secondary schools to obtain
periodic exposure to the elementary or secondary teaching environment.

(g) The board must grant licenses to interns and to candidates for initial licenses.

(h) The board must design and implement an assessment system which requires a
candidate for an initial license and first continuing license to demonstrate the abilities
necessary to perform selected, representative teaching tasks at appropriate levels.

(i) The board must receive recommendations from local committees as established
by the board for the renewal of teaching licenses.

(j) The board must grant life licenses to those who qualify according to requirements
established by the board, and suspend or revoke licenses pursuant to sections 122A.20 and
214.10. The board must not establish any expiration date for application for life licenses.

(k) The board must adopt rules that require all licensed teachers who are renewing
their continuing license to include in their renewal requirements further preparation in
the areas of using positive behavior interventions and in accommodating, modifying, and
adapting curricula, materials, and strategies to appropriately meet the needs of individual
students and ensure adequate progress toward the state's graduation rule.

(l) In adopting rules to license public school teachers who provide health-related
services for disabled children, the board shall adopt rules consistent with license or
registration requirements of the commissioner of health and the health-related boards who
license personnel who perform similar services outside of the school.

(m) The board must adopt rules that require all licensed teachers who are renewing
their continuing license to include in their renewal requirements further reading
preparation, consistent with section 122A.06, subdivision 4. The rules do not take effect
until they are approved by law. Teachers who do not provide direct instruction including, at
least, counselors, school psychologists, school nurses, school social workers, audiovisual
directors and coordinators, and recreation personnel are exempt from this section.

(n) The board must adopt rules that require all licensed teachers who are renewing
their continuing license to include in their renewal requirements further preparation
in understanding the key warning signs of early-onset mental illness in children and
adolescents.

new text begin (o) An otherwise qualified teacher (1) who holds a Minnesota professional classroom
teaching license, including a secondary career and technical teaching license, (2) is
recommended by the superintendent of the district in which the teacher is employed to
pursue licensure in an additional subject area, and (3) receives a qualifying score on
the appropriate Praxis II subject area exam must be licensed by the board to teach in
that additional subject area. A license to teach in an additional subject area is valid only
for the grade levels for which the teacher was licensed to teach before taking a Praxis
II exam under this paragraph unless the superintendent recommends to the board that
the additional subject area license allows the teacher to teach other grade levels. A
professional classroom teaching license is a nonvocational license to teach elementary
or secondary school subjects or kindergarten through grade 12 subjects, or a secondary
vocational license based on degree requirements in home economics education, industrial
education, agriculture education, business education, or marketing education and excludes
special education, English language learning, and any other license not specifically listed
in this paragraph. The teacher who seeks to be licensed in an additional subject area under
this paragraph must pay the actual costs of taking the Praxis II exam.
 new text end

new text begin (p) The board must: (1) adopt rules to license qualified candidates to teach chemistry,
physics, biology, and earth and space science; and (2) license a science teacher to teach
in a new science content area or level if the teacher holds a continuing license to teach
science and receives a qualifying score on an appropriate Praxis II test in a science subject
other than the teacher's currently licensed science field or level. A qualifying score is the
same test score used for initial licenses to teach science. A science teacher who seeks
licensure in a different science content area or level under this paragraph is responsible
for the actual costs of the required testing.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2006-2007 school year and
later.
new text end

Sec. 2.

Minnesota Statutes 2004, section 122A.18, is amended by adding a subdivision
to read:


new text begin Subd. 2c. new text end

new text begin Teacher preparation program data; report. new text end

new text begin The Board of Teaching
and the Department of Education, in cooperation with colleges and universities that
offer board-approved undergraduate teacher preparation programs and the Office of
Higher Education under section 136A.01, annually must collect valid, reliable, and timely
data about the state's teacher preparation programs. Each year, by June 1, the Board of
Teaching, the Department of Education, and the Office of Higher Education must publish
summary data in an understandable, useful, and readily accessible electronic format that is
available on a Web site jointly hosted by the department and the board. The summary
report at least must include:
 new text end

new text begin (1) the admissions requirements for each board-approved program;
 new text end

new text begin (2) a list of performance-based assessments for students enrolled in the program;
 new text end

new text begin (3) a list of faculty qualifications contained in program approval documents;
new text end

new text begin (4) the number of graduates by program who were hired to teach in Minnesota the
year after completing licensure requirements;
 new text end

new text begin (5) the number of required content area and other credits by licensing area needed to
graduate; and
 new text end

new text begin (6) the pass rates on skills and subject matter exams of program graduates who
receive an initial license.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to reports published beginning June 1, 2007.
 new text end

Sec. 3.

new text begin [122A.245] INTERDISCIPLINARY TEACHING AND LEARNING
PROGRAM MODEL; TEACHER LICENSURE.
 new text end

new text begin Subdivision 1. new text end

new text begin Interdisciplinary teaching and learning program model. new text end

new text begin A board
of a school district or charter school may use an interdisciplinary teaching and learning
program model at a middle or secondary school to provide students the opportunity
to meet the rigorous academic standards under section 120B.02. An interdisciplinary
program is a school or program within a school which is designed to meet rigorous
academic standards in a non-course-based environment or with content taught with a
multidisciplinary approach. An interdisciplinary program provides:
 new text end

new text begin (1) students the opportunity to design multidisciplinary projects around personal
interests or persistent societal issues, or both, and gain real world knowledge and skills
through individualized demonstrated performance; and
new text end

new text begin (2) teachers as guides and facilitators of learning to create a learning environment
that promotes the world as the classroom rather than teachers as purveyors of knowledge.
 new text end

new text begin Subd. 2. new text end

new text begin Teacher licensure. new text end

new text begin (a) A person holding a position as an interdisciplinary
teacher in a middle or secondary school must be licensed under this section. An applicant
for an interdisciplinary license must:
 new text end

new text begin (1) have at least two years of successful classroom teaching experience at a middle
or secondary grade level while holding a current teaching license for the position or
positions in which the experience was gained; or
 new text end

new text begin (2) have at least two years of successful classroom teaching experience in a middle
or secondary level approved interdisciplinary program as an intern supervised by one or
more teachers teaching in that interdisciplinary program while holding a current license to
teach one or more content areas.
 new text end

new text begin (b) An applicant for licensure as an interdisciplinary teacher must complete a
postsecondary teacher preparation program approved by the Board of Teaching. Through
the approved teacher preparation program, an applicant must acquire the knowledge
and skills provided for in Minnesota Rules, part 8710.2000, and demonstrate successful
application of the knowledge and skills in simulated interdisciplinary settings or in current
district or charter school interdisciplinary programs.
 new text end

new text begin (c) For purposes of this subdivision, "classroom teaching license" means a license
to teach middle or secondary school content areas. It does not include limited licenses,
provisional licenses, intern licenses, or other temporary licenses.
 new text end

new text begin Subd. 3. new text end

new text begin Institutional requirement. new text end

new text begin (a) An institution applying to the Board of
Teaching for approval of a postsecondary teacher preparation program leading to licensure
as an interdisciplinary teacher must comply with Minnesota Rules, part 8700.7600. An
institution applying for program approval must include a description of how an applicant
for licensure as an interdisciplinary teacher may have experience and preparation in
the content areas included in the license evaluated by the institution. The evaluation
team must include representation from the teacher preparation program and practicing
interdisciplinary program directors, teachers, or both. The evaluation must result in a
plan for the applicant to complete the knowledge, skills, and abilities listed in Minnesota
Rules, part 8710.2000. The evaluation may include a reduction of the required teacher
preparation program credits necessary for an applicant to be recommended for licensure.
 new text end

new text begin (b) An approved postsecondary teacher preparation program must include an exit
evaluation that requires an applicant for licensure to demonstrate aptitude with the
knowledge, understanding, and abilities described under this section. The exit evaluation
must focus on skill components not previously demonstrated during completion of the
field-based experience. The exit evaluation must allow the applicant to demonstrate
aptitude with the knowledge areas within a reasonable period of time.
 new text end

new text begin Subd. 4. new text end

new text begin Rulemaking authority. new text end

new text begin The Board of Teaching must adopt rules providing
for licensure as an interdisciplinary teacher.
 new text end

Sec. 4.

new text begin [122A.246] TEACHER TRAINING PROGRAM FOR QUALIFIED
PROFESSIONALS.
 new text end

new text begin Subdivision 1. new text end

new text begin Scope and requirements. new text end

new text begin (a) As an alternative to postsecondary
teacher preparation programs, a teacher training program is established for qualified
professionals to acquire an entrance license. Program providers, approved by the Board of
Teaching under subdivision 3, may offer the program in the instructional fields of science,
mathematics, world languages, English as a second language, and special education.
 new text end

new text begin (b) To participate in the teacher training program, the teacher applicant must:
 new text end

new text begin (1) have, at a minimum, a bachelor's degree from an accredited four-year
postsecondary institution;
 new text end

new text begin (2) have an undergraduate major or postbaccalaureate degree in the subject to be
taught or in an equivalent or related subject area in which the applicant is seeking licensure;
 new text end

new text begin (3) pass a skills examination in reading, writing, and mathematics required under
section 122A.18;
 new text end

new text begin (4) pass the Praxis II subject assessment for each subject area to be taught;
 new text end

new text begin (5) have a cumulative grade point average of 2.75 or higher on a 4.0 scale for a
bachelor's degree;
 new text end

new text begin (6) show employment related to the subject to be taught; and
 new text end

new text begin (7) show a district offer for employment as a teacher contingent on participating in
an approved program described in subdivision 2.
 new text end

new text begin Subd. 2. new text end

new text begin Program. new text end

new text begin A teacher training program under this section is one year in
duration and must include:
 new text end

new text begin (1) a nine-credit summer or preinduction preparation program that includes
classroom management techniques and on-site classroom observation that are completed
before the candidate is employed in the classroom;
 new text end

new text begin (2) 200 clock hours of instruction in standards of effective practice and essential
skills that include curriculum, instructional strategies, and classroom management
presented after school or on Saturdays throughout the year leading to a teaching license
and up to 15 graduate credits toward a master's degree in education;
 new text end

new text begin (3) on-the-job mentoring, supervision, and evaluation arranged by the employing
district that includes mentoring provided by both an experienced teacher licensed in
the subject taught by the applicant and a supervisor affiliated with the postsecondary
institution that provides training to the teacher applicant, and three evaluations by an
evaluation team composed of the mentor, the supervisor, the principal, and a training
program member that include at least three classroom observations where the third
evaluation contains the team's recommendation for licensure and where a written report of
each evaluation is prepared; and
 new text end

new text begin (4) a one-week intensive workshop that includes analysis and reflection of the first
year of teaching after completing the school year, which may be counted as part of the 200
clock hours required in clause (2).
 new text end

new text begin Subd. 3. new text end

new text begin Program approval. new text end

new text begin An interested Minnesota public or private
postsecondary institution must submit program proposals to the Board of Teaching for
approval.
 new text end

new text begin Notwithstanding any law to the contrary, the Board of Teaching must develop
criteria for approving teacher training programs under this section after considering the
recommendations of an advisory group appointed by the Board of Teaching composed of,
at a minimum, the commissioner of education or designee, and representatives of school
superintendents, principals, teachers, and postsecondary institutions, including those
offering degrees in teaching preparation.
 new text end

new text begin Subd. 4. new text end

new text begin Eligibility license. new text end

new text begin Notwithstanding any law to the contrary, the Board of
Teaching must issue to an applicant who successfully meets the criteria under subdivision
1, paragraph (b), a one-year eligibility license to teach at the employing district under
subdivision 1, paragraph (b), clause (7). During the one-year eligibility period, the
employing district must assign a mentor under subdivision 2, clause (3). The applicant
teacher and teacher mentor must meet at least weekly throughout the school year on
classroom and instructional issues.
 new text end

new text begin The hiring district may deduct from the participant's salary the cost of providing the
mentor for the participant during the training year.
 new text end

new text begin Subd. 5. new text end

new text begin Standard entrance license. new text end

new text begin Notwithstanding any law to the contrary, the
Board of Teaching must issue a standard entrance license to a training program licensee
who successfully completes the program under subdivision 2, successfully teaches in
a classroom for one complete school year, successfully passes the Praxis II principles
of learning and teaching, and receives a positive recommendation from the applicant's
evaluation team.
 new text end

new text begin Subd. 6. new text end

new text begin Qualified teacher. new text end

new text begin A person with a valid eligibility license under
subdivision 5 is a qualified teacher under section 122A.16.
 new text end

Sec. 5.

new text begin [122A.416] ALTERNATIVE TEACHER COMPENSATION REVENUE
FOR PERPICH CENTER FOR ARTS EDUCATION AND MULTIDISTRICT
INTEGRATION COLLABORATIVES.
 new text end

new text begin Notwithstanding sections 122A.413, 122A.414, 122A.415, and 126C.10,
multidistrict integration collaboratives and the Perpich Center for Arts Education are
eligible to receive alternative teacher compensation revenue as if they were intermediate
school districts. To qualify for alternative teacher compensation revenue, a multidistrict
integration collaborative or the Perpich Center for Arts Education must meet all of the
requirements of sections 122A.413, 122A.414, and 122A.415 that apply to intermediate
school districts, must report its enrollment as of October 1 of each year to the department,
and must annually report its expenditures for the alternative teacher professional pay
system consistent with the uniform financial accounting and reporting standards to the
department by November 30 of each year.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2007.
 new text end

Sec. 6.

Minnesota Statutes 2004, section 123B.77, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin School district consolidated financial statement. new text end

new text begin The commissioner
shall develop, implement, and maintain a school district consolidated financial statement
format that converts uniform financial accounting and reporting standards data under
subdivision 1 into a more understandable format.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 7.

Minnesota Statutes 2004, section 123B.77, subdivision 3, is amended to read:


Subd. 3.

Statement for comparison and correction.

new text begin (a) new text end By November 30 of the
calendar year of the submission of the unaudited financial data, the district must provide to
the commissioner audited financial data for the preceding fiscal year. The audit must be
conducted in compliance with generally accepted governmental auditing standards, the
federal Single Audit Act, and the Minnesota legal compliance guide issued by the Office
of the State Auditor. An audited financial statement prepared in a form which will allow
comparison with and correction of material differences in the unaudited financial data
shall be submitted to the commissioner and the state auditor by December 31. The audited
financial statement must also provide a statement of assurance pertaining to uniform
financial accounting and reporting standards compliance and a copy of the management
letter submitted to the district by the school district's auditor.

new text begin (b) By December 15 of the calendar year of the submission of the unaudited financial
data, the commissioner shall convert the audited financial data required by this subdivision
into the consolidated financial statement format required under subdivision 1a and publish
the information on the department's Web site.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for financial statements prepared
in 2006.
 new text end

Sec. 8.

Laws 2005, First Special Session chapter 5, article 10, section 5, subdivision 2,
is amended to read:



Subd. 2. DEPARTMENT. (a) For the Department of Education:

$
deleted text begin 21,997,000
deleted text end new text begin 22,744,000
new text end 		.....
2006
$
deleted text begin 22,847,000
deleted text end new text begin 23,451,000
new text end 		.....
2007

Any balance in the first year does not cancel but is available in the second year.


(b) $260,000 each year is for the Minnesota Children's Museum.


(c) $41,000 each year is for the Minnesota Academy of Science.


(d) $605,000 each year is for the Board of Teaching.


(e) $160,000 each year is for the Board of School Administrators.


(f) $300,000 in fiscal year 2006 and $1,150,000 in fiscal year 2007 are for the
value-added index assessment model.


(g) The expenditures of federal grants and aids as shown in the biennial budget
document and its supplements are approved and appropriated and shall be spent as
indicated.

new text begin (h) $14,000 in fiscal year 2007 is for expenses of the Advisory Task Force
on Options for Accelerated K-12 Technology, Science, and Mathematics Programs
throughout Minnesota under article 2, section 34.
new text end

new text begin (i) $25,000 in fiscal year 2007 is for the computer programming cost of the
consolidated financial statement in section 6.
new text end

new text begin (j) $50,000 in fiscal year 2007 is for the study of the geographic labor cost
differences among school districts in section 9.
new text end

new text begin (k) $205,000 in fiscal year 2007 is for the Board of Teaching to adopt rules providing
for an interdisciplinary teaching license under Minnesota Statutes, section 122A.245.
new text end

new text begin (l) $300,000 in fiscal year 2007 is for the alternative teacher training program for
qualified professionals under Minnesota Statutes, section 122A.246.
new text end

new text begin (m) $10,000 in fiscal year 2007 is for administration of single purpose charter school
sponsors.
new text end

new text begin (n) The base budget for the Department of Education for fiscal year 2008 and later
is $23,162,000 per year.
new text end

new text begin (o) $25,000 in fiscal year 2007 is for the study of the uniformity of Minnesota's
system of public schools under section 10.
new text end


Sec. 9. new text begin GEOGRAPHIC LABOR COST DIFFERENCES AMONG SCHOOL
DISTRICTS.
new text end

new text begin Subdivision 1. new text end

new text begin Study. new text end

new text begin The Department of Education must examine the impact
of labor cost differentials that exist in different regions of the state and develop
recommendations for adjusting the general education program to account for the
differences. The department analysis must include an examination of how other states
address labor cost differentials and recommend methods for grouping school districts in
regions for purposes of recognizing labor cost adjustments.
 new text end

new text begin Subd. 2. new text end

new text begin Report required. new text end

new text begin The Department of Education must report its findings
to the legislative committees having jurisdiction over kindergarten through grade 12
education by January 15, 2007.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10. new text begin UNIFORM SYSTEM OF PUBLIC SCHOOLS.
new text end

new text begin Subdivision 1. new text end

new text begin Study. new text end

new text begin The stability of a republican form of government depending
mainly upon the intelligence of the people, the Department of Education must examine
the educational programs provided to students to determine if a uniform system of public
schools exists and make recommendations that would secure a thorough and efficient
system of public schools throughout the state. The department analysis must include an
examination of the opportunities for classes provided as well as the opportunity to be
taught by well prepared and qualified instructors throughout the state.
 new text end

new text begin Subd. 2. new text end

new text begin Report required. new text end

new text begin The Department of Education must report its findings to
the legislative committees having jurisdiction over birth through grade 12 education by
January 15, 2007.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 11. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 122A.24, new text end new text begin is repealed.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2006-2007 school year and
later.
 new text end

ARTICLE 11

FORECAST ADJUSTMENTS

Section 1.

Laws 2005, First Special Session chapter 5, article 1, section 54, subdivision
3, is amended to read:


Subd. 3. Referendum tax base replacement aid. For referendum tax base
replacement aid under Minnesota Statutes, section 126C.17, subdivision 7a:

$
 deleted text begin 8,704,000deleted text end
new text begin 9,200,000
new text end 		.....
 2006
$
 8,704,000
 .....
 2007

The 2006 appropriation includes $1,366,000 for 2005 and deleted text begin $7,338,000 deleted text end new text begin $7,834,000new text end
for 2006.

The 2007 appropriation includes deleted text begin $1,366,000 deleted text end new text begin $870,000new text end for 2006 and deleted text begin $7,338,000deleted text end
new text begin $7,834,000 new text end for 2007.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 2.

Laws 2005, First Special Session chapter 5, article 1, section 54, subdivision 5,
is amended to read:


Subd. 5. Abatement revenue. For abatement aid under Minnesota Statutes, section
127A.49:

$
 deleted text begin 903,000
 deleted text end new text begin 909,000
 new text end 		.....
 2006
$
 deleted text begin 955,000
 deleted text end new text begin 1,026,000
 new text end 		.....
 2007

The 2006 appropriation includes $187,000 for 2005 and deleted text begin $716,000deleted text end new text begin $722,000 new text end for 2006.

The 2007 appropriation includes deleted text begin $133,000deleted text end new text begin $80,000 new text end for 2006 and deleted text begin $822,000deleted text end new text begin $946,000
new text end for 2007.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 3.

Laws 2005, First Special Session chapter 5, article 1, section 54, subdivision 6,
is amended to read:


Subd. 6. Consolidation transition. For districts consolidating under Minnesota
Statutes, section 123A.485:

$
 deleted text begin 253,000
 deleted text end new text begin 527,000
 new text end 		.....
 2007

The 2007 appropriation includes $0 for 2006 and deleted text begin $253,000deleted text end new text begin $527,000new text end for 2007.

Sec. 4.

Laws 2005, First Special Session chapter 5, article 1, section 54, subdivision 7,
is amended to read:


Subd. 7. Nonpublic pupil education aid. For nonpublic pupil education aid under
Minnesota Statutes, sections 123B.87 and 123B.40 to 123B.43:

$
 deleted text begin 15,370,000
 deleted text end new text begin 15,458,000
 new text end 		.....
 2006
$
 deleted text begin 16,434,000
 deleted text end new text begin 15,991,000
 new text end 		.....
 2007

The 2006 appropriation includes deleted text begin $2,305,000 deleted text end new text begin $1,864,000 new text end for 2005 and deleted text begin $13,065,000
deleted text end new text begin $13,594,000 new text end for 2006.

The 2007 appropriation includes deleted text begin $2,433,000 deleted text end new text begin $1,510,000 new text end for 2006 and deleted text begin $14,001,000
deleted text end new text begin $14,481,000 new text end for 2007.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 5.

Laws 2005, First Special Session chapter 5, article 1, section 54, subdivision 8,
is amended to read:


Subd. 8. Nonpublic pupil transportation. For nonpublic pupil transportation aid
under Minnesota Statutes, section 123B.92, subdivision 9:

$
 deleted text begin 21,451,000
 deleted text end new text begin 21,371,000
 new text end 		.....
 2006
$
 deleted text begin 23,043,000
 deleted text end new text begin 20,843,000
 new text end 		.....
 2007

The 2006 appropriation includes $3,274,000 for 2005 and deleted text begin $18,177,000 deleted text end new text begin $18,097,000new text end
for 2006.

The 2007 appropriation includes deleted text begin $3,385,000deleted text end new text begin $2,010,000new text end for 2006 and deleted text begin $19,658,000deleted text end
new text begin $18,833,000new text end for 2007.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 6.

Laws 2005, First Special Session chapter 5, article 2, section 84, subdivision 2,
is amended to read:


Subd. 2. Charter school building lease aid. For building lease aid under Minnesota
Statutes, section 124D.11, subdivision 4:

$
 deleted text begin 25,465,000
 deleted text end new text begin 25,331,000
 new text end 		.....
 2006
$
 deleted text begin 30,929,000
 deleted text end new text begin 27,806,000
 new text end 		.....
 2007

The 2006 appropriation includes deleted text begin $3,324,000deleted text end new text begin $3,173,000 new text end for 2005 and deleted text begin $22,141,000deleted text end
new text begin $22,158,000new text end for 2006.

The 2007 appropriation includes deleted text begin $4,123,000deleted text end new text begin $2,462,000 new text end for 2006 and deleted text begin $26,806,000deleted text end
new text begin $25,344,000 new text end for 2007.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 7.

Laws 2005, First Special Session chapter 5, article 2, section 84, subdivision 4,
is amended to read:


Subd. 4. Integration aid. For integration aid under Minnesota Statutes, section
124D.86, subdivision 5:

$
 deleted text begin 57,801,000
 deleted text end new text begin 59,404,000
 new text end 		.....
 2006
$
 deleted text begin 57,536,000
 deleted text end new text begin 58,405,000
 new text end 		.....
 2007

The 2006 appropriation includes $8,545,000 for 2005 and deleted text begin $49,256,000deleted text end new text begin $50,859,000
new text end for 2006.

The 2007 appropriation includes deleted text begin $9,173,000deleted text end new text begin $5,650,000 new text end for 2006 and deleted text begin $48,363,000deleted text end
new text begin $52,755,000 new text end for 2007.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 8.

Laws 2005, First Special Session chapter 5, article 2, section 84, subdivision 6,
is amended to read:


Subd. 6. Interdistrict desegregation or integration transportation grants. For
interdistrict desegregation or integration transportation grants under Minnesota Statutes,
section 124D.87:

$
 deleted text begin 7,768,000
 deleted text end new text begin 6,032,000
 new text end 		.....
 2006
$
 deleted text begin 9,908,000
 deleted text end new text begin 10,134,000
 new text end 		.....
 2007

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 9.

Laws 2005, First Special Session chapter 5, article 2, section 84, subdivision 7,
is amended to read:


Subd. 7. Success for the future. For American Indian success for the future grants
under Minnesota Statutes, section 124D.81:

$
 deleted text begin 2,137,000
 deleted text end new text begin 2,240,000
 new text end 		.....
 2006
$
 2,137,000
 .....
 2007

The 2006 appropriation includes deleted text begin $335,000deleted text end new text begin $316,000new text end for 2005 and deleted text begin $1,802,000deleted text end
new text begin $1,924,000 new text end for 2006.

The 2007 appropriation includes deleted text begin $335,000deleted text end new text begin $213,000 new text end for 2006 and deleted text begin $1,802,000deleted text end
new text begin $1,924,000new text end for 2007.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 10.

Laws 2005, First Special Session chapter 5, article 2, section 84, subdivision
10, is amended to read:


Subd. 10. Tribal contract schools. For tribal contract school aid under Minnesota
Statutes, section 124D.83:

$
 deleted text begin 2,389,000
 deleted text end new text begin 2,338,000
 new text end 		.....
 2006
$
 deleted text begin 2,603,000
 deleted text end new text begin 2,357,000
 new text end 		.....
 2007

The 2006 appropriation includes $348,000 for 2005 and deleted text begin $2,041,000deleted text end new text begin $1,990,000new text end
for 2006.

The 2007 appropriation includes deleted text begin $380,000deleted text end new text begin $221,000new text end for 2006 and deleted text begin $2,223,000deleted text end
new text begin $2,136,000new text end for 2007.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 11.

Laws 2005, First Special Session chapter 5, article 3, section 18, subdivision
2, is amended to read:


Subd. 2. Special education; regular. For special education aid under Minnesota
Statutes, section 125A.75:

$
 deleted text begin 528,846,000
 deleted text end new text begin 559,485,000
 new text end 		.....
 2006
$
 deleted text begin 527,446,000
 deleted text end new text begin 528,106,000
 new text end 		.....
 2007

The 2006 appropriation includes $83,078,000 for 2005 and deleted text begin $445,768,000deleted text end
new text begin $476,407,000new text end for 2006.

The 2007 appropriation includes deleted text begin $83,019,000deleted text end new text begin $52,934,000new text end for 2006 and
deleted text begin $444,427,000deleted text end new text begin $475,172,000new text end for 2007.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 12.

Laws 2005, First Special Session chapter 5, article 3, section 18, subdivision
3, is amended to read:


Subd. 3. Aid for children with disabilities. For aid under Minnesota Statutes,
section 125A.75, subdivision 3, for children with disabilities placed in residential facilities
within the district boundaries for whom no district of residence can be determined:

$
 deleted text begin 2,212,000
 deleted text end new text begin 1,527,000
 new text end 		.....
 2006
$
 deleted text begin 2,615,000
 deleted text end new text begin 1,624,000
 new text end 		.....
 2007

If the appropriation for either year is insufficient, the appropriation for the other
year is available.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 13.

Laws 2005, First Special Session chapter 5, article 3, section 18, subdivision
4, is amended to read:


Subd. 4. Travel for home-based services. For aid for teacher travel for home-based
services under Minnesota Statutes, section 125A.75, subdivision 1:

$
 deleted text begin 187,000
 deleted text end new text begin 198,000
 new text end 		.....
 2006
$
 195,000
 .....
 2007

The 2006 appropriation includes $28,000 for 2005 and deleted text begin $159,000deleted text end new text begin $170,000new text end for 2006.

The 2007 appropriation includes deleted text begin $29,000deleted text end new text begin $18,000new text end for 2006 and deleted text begin $166,000deleted text end new text begin $177,000new text end
for 2007.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 14.

Laws 2005, First Special Session chapter 5, article 3, section 18, subdivision
5, is amended to read:


Subd. 5. Special education; excess costs. For excess cost aid under Minnesota
Statutes, section 125A.79, subdivision 7:

$
 deleted text begin 102,083,000
 deleted text end new text begin 106,453,000
 new text end 		.....
 2006
$
 deleted text begin 104,286,000
 deleted text end new text begin 104,333,000
 new text end 		.....
 2007

The 2006 appropriation includes $37,455,000 for 2005 and deleted text begin $64,628,000deleted text end new text begin $68,998,000new text end
for 2006.

The 2007 appropriation includes deleted text begin $38,972,000deleted text end new text begin $34,602,000new text end for 2006 and deleted text begin $65,314,000deleted text end
new text begin $69,731,000new text end for 2007.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 15.

Laws 2005, First Special Session chapter 5, article 3, section 18, subdivision
6, is amended to read:


Subd. 6. Transition for disabled students. For aid for transition programs for
children with disabilities under Minnesota Statutes, section 124D.454:

$
 deleted text begin 8,788,000
 deleted text end new text begin 9,300,000
 new text end 		.....
 2006
$
 deleted text begin 8,765,000
 deleted text end new text begin 8,781,000
 new text end 		.....
 2007

The 2006 appropriation includes $1,380,000 for 2005 and deleted text begin $7,408,000deleted text end new text begin $7,920,000new text end
for 2006.

The 2007 appropriation includes deleted text begin $1,379,000deleted text end new text begin $880,000new text end for 2006 and deleted text begin $7,386,000deleted text end
new text begin $7,901,000new text end for 2007.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 16.

Laws 2005, First Special Session chapter 5, article 3, section 18, subdivision
7, is amended to read:


Subd. 7. Court-placed special education revenue. For reimbursing serving
school districts for unreimbursed eligible expenditures attributable to children placed in
the serving school district by court action under Minnesota Statutes, section 125A.79,
subdivision 4:

$
 deleted text begin 65,000
 deleted text end new text begin 46,000
 new text end 		.....
 2006
$
 70,000
 .....
 2007

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 17.

Laws 2005, First Special Session chapter 5, article 4, section 25, subdivision
2, is amended to read:


Subd. 2. Health and safety revenue. For health and safety aid according to
Minnesota Statutes, section 123B.57, subdivision 5:

$
 deleted text begin 802,000
 deleted text end new text begin 823,000
 new text end 		.....
 2006
$
 deleted text begin 578,000
 deleted text end new text begin 352,000
 new text end 		.....
 2007

The 2006 appropriation includes $211,000 for 2005 and deleted text begin $591,000deleted text end new text begin $612,000new text end for 2006.

The 2007 appropriation includes deleted text begin $109,000deleted text end new text begin $68,000new text end for 2006 and deleted text begin $469,000deleted text end new text begin $284,000new text end
for 2007.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 18.

Laws 2005, First Special Session chapter 5, article 4, section 25, subdivision
3, is amended to read:


Subd. 3. Debt service equalization. For debt service aid according to Minnesota
Statutes, section 123B.53, subdivision 6:

$
 deleted text begin 25,654,000
 deleted text end new text begin 27,205,000
 new text end 		.....
 2006
$
 deleted text begin 24,134,000
 deleted text end new text begin 18,411,000
 new text end 		.....
 2007

The 2006 appropriation includes $4,654,000 for 2005 and deleted text begin $21,000,000deleted text end new text begin $22,551,000new text end
for 2006.

The 2007 appropriation includes deleted text begin $3,911,000deleted text end new text begin $2,505,000new text end for 2006 and deleted text begin $20,223,000deleted text end
new text begin $15,906,000new text end for 2007.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 19.

Laws 2005, First Special Session chapter 5, article 4, section 25, subdivision
4, is amended to read:


Subd. 4. Alternative facilities bonding aid. For alternative facilities bonding aid,
according to Minnesota Statutes, section 123B.59, subdivision 1:

$
 deleted text begin 19,287,000
 deleted text end new text begin 20,387,000
 new text end 		.....
 2006
$
 19,287,000
 .....
 2007

The 2006 appropriation includes $3,028,000 for 2005 and deleted text begin $16,259,000deleted text end new text begin $17,359,000new text end
for 2006.

The 2007 appropriation includes deleted text begin $3,028,000deleted text end new text begin $1,928,000new text end for 2006 and deleted text begin $16,259,000deleted text end
new text begin $17,359,000new text end for 2007.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 20.

Laws 2005, First Special Session chapter 5, article 5, section 17, subdivision
2, is amended to read:


Subd. 2. School lunch. For school lunch aid according to Minnesota Statutes,
section 124D.111, and Code of Federal Regulations, title 7, section 210.17:

$
 deleted text begin 8,998,000
 deleted text end new text begin 9,760,000
 new text end 		.....
 2006
$
 deleted text begin 9,076,000
 deleted text end new text begin 9,896,000
 new text end 		.....
 2007

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 21.

Laws 2005, First Special Session chapter 5, article 5, section 17, subdivision
3, is amended to read:


Subd. 3. Traditional school breakfast; kindergarten milk. For traditional school
breakfast aid and kindergarten milk under Minnesota Statutes, sections 124D.1158 and
124D.118:

$
 deleted text begin 4,878,000
 deleted text end new text begin 4,856,000
 new text end 		.....
 2006
$
 deleted text begin 4,968,000
 deleted text end new text begin 5,044,000
 new text end 		.....
 2007

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 22.

Laws 2005, First Special Session chapter 5, article 6, section 1, subdivision 2,
is amended to read:


Subd. 2. Basic system support. For basic system support grants under Minnesota
Statutes, section 134.355:

$
 deleted text begin 8,570,000
 deleted text end new text begin 9,058,000
 new text end 		.....
 2006
$
 8,570,000
 .....
 2007

The 2006 appropriation includes $1,345,000 for 2005 and deleted text begin $7,225,000deleted text end new text begin $7,713,000new text end
for 2006.

The 2007 appropriation includes deleted text begin $1,345,000deleted text end new text begin $857,000new text end for 2006 and deleted text begin $7,225,000deleted text end
new text begin $7,713,000new text end for 2007.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 23.

Laws 2005, First Special Session chapter 5, article 6, section 1, subdivision 3,
is amended to read:


Subd. 3. Multicounty, multitype library systems. For grants under Minnesota
Statutes, sections 134.353 and 134.354, to multicounty, multitype library systems:

$
 deleted text begin 903,000deleted text end
new text begin 954,000
new text end 		.....
 2006
$
 903,000
 .....
 2007

The 2006 appropriation includes $141,000 for 2005 and deleted text begin $762,000deleted text end new text begin $813,000new text end for 2006.

The 2007 appropriation includes deleted text begin $141,000deleted text end new text begin $90,000new text end for 2006 and deleted text begin $762,000deleted text end new text begin $813,000new text end
for 2007.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 24.

Laws 2005, First Special Session chapter 5, article 6, section 1, subdivision 5,
is amended to read:


Subd. 5. Regional library telecommunications aid. For regional library
telecommunications aid under Minnesota Statutes, section 134.355:

$
 deleted text begin 1,200,000deleted text end
new text begin 1,268,000
new text end 		.....
 2006
$
 1,200,000
 .....
 2007

The 2006 appropriation includes $188,000 for 2005 and deleted text begin $1,012,000deleted text end new text begin $1,080,000new text end
for 2006.

The 2007 appropriation includes deleted text begin $188,000deleted text end new text begin $120,000new text end for 2006 and deleted text begin $1,012,000deleted text end
new text begin $1,080,000new text end for 2007.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 25.

Laws 2005, First Special Session chapter 5, article 7, section 20, subdivision
2, is amended to read:


Subd. 2. School readiness. For revenue for school readiness programs under
Minnesota Statutes, sections 124D.15 and 124D.16:

$
 deleted text begin 9,020,000
 deleted text end new text begin 9,528,000
 new text end 		.....
 2006
$
 deleted text begin 9,042,000
 deleted text end new text begin 9,020,000
 new text end 		.....
 2007

The 2006 appropriation includes deleted text begin $1,417,000deleted text end new text begin $1,415,000new text end for 2005 and deleted text begin $7,603,000deleted text end
new text begin $8,113,000new text end for 2006.

The 2007 appropriation includes deleted text begin $1,415,000deleted text end new text begin $901,000new text end for 2006 and deleted text begin $7,627,000deleted text end
new text begin $8,119,000new text end for 2007.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 26.

Laws 2005, First Special Session chapter 5, article 7, section 20, subdivision
3, is amended to read:


Subd. 3. Early childhood family education aid. For early childhood family
education aid under Minnesota Statutes, section 124D.135:

$
 deleted text begin 14,356,000
 deleted text end new text begin 15,105,000
 new text end 		.....
 2006
$
 deleted text begin 15,137,000
 deleted text end new text begin 15,112,000
 new text end 		.....
 2007

The 2006 appropriation includes deleted text begin $1,861,000deleted text end new text begin $1,859,000new text end for 2005 and deleted text begin $12,495,000deleted text end
new text begin $13,246,000new text end for 2006.

The 2007 appropriation includes deleted text begin $2,327,000deleted text end new text begin $1,471,000new text end for 2006 and deleted text begin $12,810,000deleted text end
new text begin $13,641,000new text end for 2007.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 27.

Laws 2005, First Special Session chapter 5, article 7, section 20, subdivision
4, is amended to read:


Subd. 4. Health and developmental screening aid. For health and developmental
screening aid under Minnesota Statutes, sections 121A.17 and 121A.19:

$
 deleted text begin 3,076,000
 deleted text end new text begin 2,911,000
 new text end 		.....
 2006
$
 deleted text begin 3,511,000
 deleted text end new text begin 2,943,000
 new text end 		.....
 2007

The 2006 appropriation includes $417,000 for 2005 and deleted text begin $2,659,000deleted text end new text begin $2,494,000new text end
for 2006.

The 2007 appropriation includes deleted text begin $494,000deleted text end new text begin $277,000new text end for 2006 and deleted text begin $3,017,000deleted text end
new text begin $2,666,000 new text end for 2007.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 28.

Laws 2005, First Special Session chapter 5, article 8, section 8, subdivision 2,
is amended to read:



Subd. 2. Community education aid. For community education aid under
Minnesota Statutes, section 124D.20:

$
deleted text begin 1,918,000
deleted text end new text begin 2,043,000
new text end 		.....
2006
$
deleted text begin 1,837,000
deleted text end new text begin 1,949,000
new text end 		.....
2007

The 2006 appropriation includes deleted text begin $390,000deleted text end new text begin $385,000new text end for 2005 and deleted text begin $1,528,000deleted text end
new text begin $1,658,000new text end for 2006.

The 2007 appropriation includes deleted text begin $284,000deleted text end new text begin $184,000new text end for 2006 and deleted text begin $1,553,000deleted text end
new text begin $1,765,000new text end for 2007.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 29.

Laws 2005, First Special Session chapter 5, article 8, section 8, subdivision 3,
is amended to read:



Subd. 3. Adults with disabilities program aid. For adults with disabilities
programs under Minnesota Statutes, section 124D.56:


$
deleted text begin 710,000
deleted text end new text begin 750,000
new text end 		.....
2006
$
710,000
.....
 2007

The 2006 appropriation includes $111,000 for 2005 and deleted text begin $599,000deleted text end new text begin $639,000new text end for 2006.

The 2007 appropriation includes deleted text begin $111,000deleted text end new text begin $71,000new text end for 2006 and deleted text begin $599,000deleted text end new text begin $639,000new text end
for 2007.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 30.

Laws 2005, First Special Session chapter 5, article 8, section 8, subdivision 5,
is amended to read:


Subd. 5. School-age care revenue. For extended day aid under Minnesota Statutes,
section 124D.22:

$
17,000
.....
 2006
$
deleted text begin 7,000deleted text end new text begin 4,000
new text end 		.....
 2007

The 2006 appropriation includes $4,000 for 2005 and $13,000 for 2006.

The 2007 appropriation includes deleted text begin $2,000deleted text end new text begin $1,000new text end for 2006 and deleted text begin $5,000deleted text end new text begin $3,000new text end for 2007.


Sec. 31.

Laws 2005, First Special Session chapter 5, article 9, section 4, subdivision 2,
is amended to read:


Subd. 2. Adult basic education aid. For adult basic education aid under Minnesota
Statutesnew text begin , section 124D.531new text end :

$
 deleted text begin 36,518,000
 deleted text end new text begin 38,601,000
 new text end 		.....
 2006
$
 deleted text begin 36,540,000
 deleted text end new text begin 36,539,000
 new text end 		.....
 2007

The 2006 appropriation includes $5,707,000 for 2005 and deleted text begin $30,811,000deleted text end new text begin $32,894,000new text end
for 2006.

The 2007 appropriation includes deleted text begin $5,737,000deleted text end new text begin $3,654,000new text end for 2006 and deleted text begin $30,803,000deleted text end
new text begin $32,885,000new text end for 2007.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

ARTICLE 12

TECHNICAL AND CONFORMING AMENDMENTS

Section 1.

Minnesota Statutes 2005 Supplement, section 120B.11, subdivision 2, is
amended to read:


Subd. 2.

Adopting policies.

deleted text begin (a)deleted text end A school board shall have in place an adopted
written policy that includes the following:

(1) district goals for instruction including the use of best practices, district and
school curriculum, and achievement for all student subgroups;

(2) a process for evaluating each student's progress toward meeting academic
standards and identifying the strengths and weaknesses of instruction and curriculum
affecting students' progress;

(3) a system for periodically reviewing and evaluating all instruction and curriculum;

(4) a plan for improving instruction, curriculum, and student achievement; and

(5) an education effectiveness plan aligned with section 122A.625 that integrates
instruction, curriculum, and technology.

Sec. 2.

Minnesota Statutes 2004, section 121A.15, subdivision 10, is amended to read:


Subd. 10.

Requirements for immunization statements.

new text begin (a) new text end A statement required
to be submitted under subdivisions 1, 2, and 4 to document evidence of immunization
shall include month, day, and year for immunizations administered after January 1, 1990.

deleted text begin (a) For persons enrolled in grades 7 and 12 during the 1996-1997 school term, the
statement must indicate that the person has received a dose of tetanus and diphtheria
toxoid no earlier than 11 years of age.
 deleted text end

deleted text begin (b) Except as specified in paragraph (e), for persons enrolled in grades 7, 8, and 12
during the 1997-1998 school term, the statement must indicate that the person has received
a dose of tetanus and diphtheria toxoid no earlier than 11 years of age.
 deleted text end

deleted text begin (c) Except as specified in paragraph (e), for persons enrolled in grades 7 through
12 during the 1998-1999 school term and for each year thereafter, the statement must
indicate that the person has received a dose of tetanus and diphtheria toxoid no earlier
than 11 years of age.
 deleted text end

deleted text begin (d) For persons enrolled in grades 7 through 12 during the 1996-1997 school year
and for each year thereafter, the statement must indicate that the person has received at
least two doses of vaccine against measles, mumps, and rubella, given alone or separately
and given not less than one month apart.
 deleted text end

deleted text begin (e) deleted text end new text begin (b) new text end A person who has received at least three doses of tetanus and diphtheria
toxoids, with the most recent dose given after age six and before age 11, is not required to
have additional immunization against diphtheria and tetanus until ten years have elapsed
from the person's most recent dose of tetanus and diphtheria toxoid.

deleted text begin (f) deleted text end new text begin (c) new text end The requirement for hepatitis B vaccination shall apply to persons enrolling in
kindergarten beginning with the 2000-2001 school term.

deleted text begin (g) deleted text end new text begin (d) new text end The requirement for hepatitis B vaccination shall apply to persons enrolling
in grade 7 beginning with the 2001-2002 school term.

Sec. 3.

Minnesota Statutes 2005 Supplement, section 123B.04, subdivision 2, is
amended to read:


Subd. 2.

Agreement.

(a) Upon the request of 60 percent of the licensed employees
of a site or a school site decision-making team, the school board shall enter into
discussions to reach an agreement concerning the governance, management, or control of
the school. A school site decision-making team may include the school principal, teachers
in the school or their designee, other employees in the school, representatives of pupils
in the school, or other members in the community. A school site decision-making team
must include at least one parent of a pupil in the school. For purposes of formation of a
new site, a school site decision-making team may be a team of teachers that is recognized
by the board as a site. The school site decision-making team shall include the school
principal or other person having general control and supervision of the school. The site
decision-making team must reflect the diversity of the education site. At least one-half
of the members shall be employees of the district, unless an employee is the parent of a
student enrolled in the school site, in which case the employee may elect to serve as a
parent member of the site team.

(b) School site decision-making agreements must delegate powers, duties, and
broad management responsibilities to site teams and involve staff members, students as
appropriate, and parents in decision making.

(c) An agreement shall include a statement of powers, duties, responsibilities, and
authority to be delegated to and within the site.

(d) An agreement may include:

(1) an achievement contract according to subdivision 4;

(2) a mechanism to allow principals, a site leadership team, or other persons having
general control and supervision of the school, to make decisions regarding how financial
and personnel resources are best allocated at the site and from whom goods or services
are purchased;

(3) a mechanism to implement parental involvement programs under section
124D.895 and to provide for effective parental communication and feedback on this
involvement at the site level;

(4) a provision that would allow the team to determine who is hired into licensed
and nonlicensed positions;

(5) a provision that would allow teachers to choose the principal or other person
having general control;

(6) an amount of revenue allocated to the site under subdivision 3; and

(7) any other powers and duties determined appropriate by the board.

The school board of the district remains the legal employer under clauses (4) and (5).

(e) Any powers or duties not delegated to the school site management team in the
school site management agreement shall remain with the school board.

(f) Approved agreements shall be filed with the commissioner. If a school board
denies a request or the school site and school board fail to reach an agreement to enter
into a school site management agreement, the school board shall provide a copy of the
request and the reasons for its denial to the commissioner.

(g) A site decision-making grant program is established, consistent with this
subdivision, to allow sites to implement an agreement that at least:

(1) notwithstanding subdivision 3, allocates to the site all revenue that is attributable
to the students at that site;

(2) new text begin includes new text end a provision, consistent with current law and the collective bargaining
agreement in effect, new text begin that new text end allows the site team to decide who is selected from within the
district for licensed and nonlicensed positions at the site and to make staff assignments
in the site; and

(3) includes a completed performance agreement under subdivision 4.

The commissioner shall establish the form and manner of the application for a grant
and annually, at the end of each fiscal year, report to the house of representatives and
senate committees having jurisdiction over education on the progress of the program.

Sec. 4.

Minnesota Statutes 2004, section 125A.62, subdivision 1, is amended to read:


Subdivision 1.

Governance.

The board of the Minnesota State Academies shall
govern the State deleted text begin Academiesdeleted text end new text begin Academynew text end for the Deaf and the State Academy for the Blind.
The board must promote academic standards based on high expectation and an assessment
system to measure academic performance toward the achievement of those standards. The
board must focus on the academies' needs as a whole and not prefer one school over the
other. The board of the Minnesota State Academies shall consist of nine persons. The
members of the board shall be appointed by the governor with the advice and consent of
the senate. One member must be from the seven-county metropolitan area, one member
must be from greater Minnesota, and one member may be appointed at-large. The board
must be composed of:

(1) one present or former superintendent of an independent school district;

(2) one present or former special education director;

(3) the commissioner of education or the commissioner's designee;

(4) one member of the blind community;

(5) one member of the deaf community;

(6) two members of the general public with business, administrative, or financial
expertise;

(7) one nonvoting, unpaid ex officio member appointed by the site council for the
State Academy for the Deaf; and

(8) one nonvoting, unpaid ex officio member appointed by the site council for the
State Academy for the Blind.

Sec. 5.

Minnesota Statutes 2005 Supplement, section 126C.10, subdivision 24, is
amended to read:


Subd. 24.

Equity revenue.

(a) A school district qualifies for equity revenue if:

(1) the school district's adjusted marginal cost pupil unit amount of basic revenue,
supplemental revenue, transition revenue, and referendum revenue is less than the value of
the school district at or immediately above the 95th percentile of school districts in its
equity region for those revenue categories; and

(2) the school district's administrative offices are not located in a city of the first
class on July 1, 1999.

(b) Equity revenue for a qualifying district that receives referendum revenue under
section 126C.17, subdivision 4, equals the product of (1) the district's adjusted marginal
cost pupil units for that year; times (2) the sum of (i) $13, plus (ii) $75, times the school
district's equity index computed under subdivision 27.

(c) Equity revenue for a qualifying district that does not receive referendum revenue
under section 126C.17, subdivision 4, equals the product of the district's adjusted marginal
cost pupil units for that year times $13.

(d) A school district's equity revenue is increased by the greater of zero or an amount
equal to the district's resident marginalnew text begin costnew text end pupil units times the difference between ten
percent of the statewide average amount of referendum revenue per resident marginal cost
pupil unit for that year and the district's referendum revenue per resident marginal cost
pupil unit. A school district's revenue under this paragraph must not exceed $100,000 for
that year.

(e) A school district's equity revenue for a school district located in the metro equity
region equals the amount computed in paragraphs (b), (c), and (d) multiplied by 1.25.

(f) For fiscal year 2007 and later, notwithstanding paragraph (a), clause (2), a school
district that has per pupil referendum revenue below the 95th percentile qualifies for
additional equity revenue equal to $46 times its adjusted marginal cost pupil unit.

(g) A district that does not qualify for revenue under paragraph (f) qualifies for
equity revenue equal to one-half of the per pupil allowance in paragraph (f) times its
adjusted marginal cost pupil units.

Sec. 6.

Minnesota Statutes 2005 Supplement, section 626.556, subdivision 2, is
amended to read:


Subd. 2.

Definitions.

As used in this section, the following terms have the meanings
given them unless the specific content indicates otherwise:

(a) "Family assessment" means a comprehensive assessment of child safety, risk
of subsequent child maltreatment, and family strengths and needs that is applied to a
child maltreatment report that does not allege substantial child endangerment. Family
assessment does not include a determination as to whether child maltreatment occurred
but does determine the need for services to address the safety of family members and the
risk of subsequent maltreatment.

(b) "Investigation" means fact gathering related to the current safety of a child
and the risk of subsequent maltreatment that determines whether child maltreatment
occurred and whether child protective services are needed. An investigation must be used
when reports involve substantial child endangerment, and for reports of maltreatment in
facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to
144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and
13, and 124D.10; or in a nonlicensed personal care provider association as defined in
sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.

(c) "Substantial child endangerment" means a person responsible for a child's care, a
person who has a significant relationship to the child as defined in section 609.341, or a
person in a position of authority as defined in section 609.341, who by act or omission
commits or attempts to commit an act against a child under their care that constitutes
any of the following:

(1) egregious harm as defined in section 260C.007, subdivision 14;

(2) sexual abuse as defined in paragraph (d);

(3) abandonment under section 260C.301, subdivision 2;

(4) neglect as defined in paragraph (f), clause (2), that substantially endangers the
child's physical or mental health, including a growth delay, which may be referred to as
failure to thrive, that has been diagnosed by a physician and is due to parental neglect;

(5) murder in the first, second, or third degree under section 609.185, 609.19, or
609.195;

(6) manslaughter in the first or second degree under section 609.20 or 609.205;

(7) assault in the first, second, or third degree under section 609.221, 609.222, or
609.223;

(8) solicitation, inducement, and promotion of prostitution under section 609.322;

(9) criminal sexual conduct under sections 609.342 to 609.3451;

(10) solicitation of children to engage in sexual conduct under section 609.352;

(11) malicious punishment or neglect or endangerment of a child under section
609.377 or 609.378;

(12) use of a minor in sexual performance under section 617.246; or

(13) parental behavior, status, or condition which mandates that the county attorney
file a termination of parental rights petition under section 260C.301, subdivision 3,
paragraph (a).

(d) "Sexual abuse" means the subjection of a child by a person responsible for the
child's care, by a person who has a significant relationship to the child, as defined in
section 609.341, or by a person in a position of authority, as defined in section 609.341,
subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual
conduct in the first degree), 609.343 (criminal sexual conduct in the second degree),
609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct
in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual
abuse also includes any act which involves a minor which constitutes a violation of
prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes
threatened sexual abuse.

(e) "Person responsible for the child's care" means (1) an individual functioning
within the family unit and having responsibilities for the care of the child such as a
parent, guardian, or other person having similar care responsibilities, or (2) an individual
functioning outside the family unit and having responsibilities for the care of the child
such as a teacher, school administrator, other school employees or agents, or other lawful
custodian of a child having either full-time or short-term care responsibilities including,
but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching,
and coaching.

(f) "Neglect" means:

(1) failure by a person responsible for a child's care to supply a child with necessary
food, clothing, shelter, health, medical, or other care required for the child's physical or
mental health when reasonably able to do so;

(2) failure to protect a child from conditions or actions that seriously endanger the
child's physical or mental health when reasonably able to do so, including a growth delay,
which may be referred to as a failure to thrive, that has been diagnosed by a physician and
is due to parental neglect;

(3) failure to provide for necessary supervision or child care arrangements
appropriate for a child after considering factors as the child's age, mental ability, physical
condition, length of absence, or environment, when the child is unable to care for the
child's own basic needs or safety, or the basic needs or safety of another child in their care;

(4) failure to ensure that the child is educated as defined in sections 120A.22 and
260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's
child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;

(5) nothing in this section shall be construed to mean that a child is neglected solely
because the child's parent, guardian, or other person responsible for the child's care in
good faith selects and depends upon spiritual means or prayer for treatment or care of
disease or remedial care of the child in lieu of medical care; except that a parent, guardian,
or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report
if a lack of medical care may cause serious danger to the child's health. This section does
not impose upon persons, not otherwise legally responsible for providing a child with
necessary food, clothing, shelter, education, or medical care, a duty to provide that care;

(6) prenatal exposure to a controlled substance, as defined in section 253B.02,
subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal
symptoms in the child at birth, results of a toxicology test performed on the mother at
delivery or the child at birth, or medical effects or developmental delays during the child's
first year of life that medically indicate prenatal exposure to a controlled substance;

(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);

(8) chronic and severe use of alcohol or a controlled substance by a parent or
person responsible for the care of the child that adversely affects the child's basic needs
and safety; or

(9) emotional harm from a pattern of behavior which contributes to impaired
emotional functioning of the child which may be demonstrated by a substantial and
observable effect in the child's behavior, emotional response, or cognition that is not
within the normal range for the child's age and stage of development, with due regard to
the child's culture.

(g) "Physical abuse" means any physical injury, mental injury, or threatened injury,
inflicted by a person responsible for the child's care on a child other than by accidental
means, or any physical or mental injury that cannot reasonably be explained by the child's
history of injuries, or any aversive or deprivation procedures, or regulated interventions,
that have not been authorized under section 121A.67 or 245.825. Abuse does not include
reasonable and moderate physical discipline of a child administered by a parent or legal
guardian which does not result in an injury. Abuse does not include the use of reasonable
force by a teacher, principal, or school employee as allowed by section 121A.582. Actions
which are not reasonable and moderate include, but are not limited to, any of the following
that are done in anger or without regard to the safety of the child:

(1) throwing, kicking, burning, biting, or cutting a child;

(2) striking a child with a closed fist;

(3) shaking a child under age three;

(4) striking or other actions which result in any nonaccidental injury to a child
under 18 months of age;

(5) unreasonable interference with a child's breathing;

(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;

(7) striking a child under age one on the face or head;

(8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
substances which were not prescribed for the child by a practitioner, in order to control
or punish the child; or other substances that substantially affect the child's behavior,
motor coordination, or judgment or that results in sickness or internal injury, or subjects
the child to medical procedures that would be unnecessary if the child were not exposed
to the substances;

(9) unreasonable physical confinement or restraint not permitted under section
609.379, including but not limited to tying, caging, or chaining; or

(10) in a school facility or school zone, an act by a person responsible for the child's
care that is a violation under section 121A.58.

(h) "Report" means any report received by the local welfare agency, police
department, county sheriff, or agency responsible for assessing or investigating
maltreatment pursuant to this section.

(i) "Facility" meansnew text begin :new text end

new text begin (1) new text end a licensed or unlicensed day care facility, residential facility, agency, hospital,
sanitarium, or other facility or institution required to be licensed under sections 144.50 to
144.58, 241.021, or 245A.01 to 245A.16, or chapter 245B; deleted text begin or
deleted text end

new text begin (2)new text end a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and
124D.10; or

new text begin (3) new text end a nonlicensed personal care provider organization as defined in sections 256B.04,
subdivision 16, and 256B.0625, subdivision 19a.

(j) "Operator" means an operator or agency as defined in section 245A.02.

(k) "Commissioner" means the commissioner of human services.

(l) "Practice of social services," for the purposes of subdivision 3, includes but is
not limited to employee assistance counseling and the provision of guardian ad litem and
parenting time expeditor services.

(m) "Mental injury" means an injury to the psychological capacity or emotional
stability of a child as evidenced by an observable or substantial impairment in the child's
ability to function within a normal range of performance and behavior with due regard to
the child's culture.

(n) "Threatened injury" means a statement, overt act, condition, or status that
represents a substantial risk of physical or sexual abuse or mental injury. Threatened
injury includes, but is not limited to, exposing a child to a person responsible for the
child's care, as defined in paragraph (e), clause (1), who has:

(1) subjected a child to, or failed to protect a child from, an overt act or condition
that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a
similar law of another jurisdiction;

(2) been found to be palpably unfit under section 260C.301, paragraph (b), clause
(4), or a similar law of another jurisdiction;

(3) committed an act that has resulted in an involuntary termination of parental rights
under section 260C.301, or a similar law of another jurisdiction; or

(4) committed an act that has resulted in the involuntary transfer of permanent legal
and physical custody of a child to a relative under section 260C.201, subdivision 11,
paragraph (d), clause (1), or a similar law of another jurisdiction.

(o) Persons who conduct assessments or investigations under this section shall take
into account accepted child-rearing practices of the culture in which a child participates
and accepted teacher discipline practices, which are not injurious to the child's health,
welfare, and safety.